S.F. 457 Section 1. Section 400.1, subsection 1, Code 2023, is 1 amended to read as follows: 2 1. In cities having a population of eight thousand or over 3 and having a paid fire department or a paid police department, 4 the mayor, one year after a regular city election, with the 5 approval of the council, shall appoint three civil service 6 commissioners. The mayor shall publish notice of the names 7 of persons selected for appointment no less than thirty days 8 prior to a vote by the city council. Commissioners shall hold 9 office, one until the first Monday in April of the second year, 10 one until the first Monday in April of the third year, and one 11 until the first Monday in April of the fourth year after such 12 appointment, whose successors shall be appointed for a term 13 of four years. In cities having a population of more than 14 seventy fifty thousand, the city council may shall establish, 15 by ordinance, the number of civil service commissioners at 16 not less than three five but not more than seven. However, 17 in cities having a population of more than fifty thousand and 18 having a paid fire department or a paid police department, the 19 mayor, with the approval of the council, shall appoint five 20 civil service commissioners . 21 Sec. 2. Section 400.18, subsections 1 and 3, Code 2023, are 22 amended to read as follows: 23 1. A person holding civil service rights as provided in 24 this chapter shall not be unreasonably or unjustly removed, 25 discharged, demoted, or suspended arbitrarily , but may be 26 removed, discharged, demoted, or suspended due to any act or 27 failure to act by upon a finding by a preponderance of the 28 evidence that the employee committed an act or failure to act 29 that is in contravention violation of clearly established 30 law , city or reasonable city policies , or standard operating 31 procedures, or that in the judgment of the person having the 32 appointing power as provided in this chapter , or the chief of 33 police or chief of the fire department , is sufficient to show 34 that the employee is unsuitable or unfit for employment rules . 35 -1- LSB 1984SV (2) 90 je/rn 1/ 8

S.F. 457 3. The city shall have the burden to prove that the act or 1 failure to act by the employee was in contravention violation 2 of clearly established law , or reasonable city policies , or 3 standard operating procedures, or is sufficient to show that 4 the employee is unsuitable or unfit for employment department 5 rules . For purposes of this chapter, the city shall establish 6 each element of the charges specified under section 400.22 7 by a preponderance of the evidence. The city shall have the 8 burden to prove that the punishment imposed upon the employee 9 is proportionate, reasonable, and just in the totality of the 10 circumstances. 11 Sec. 3. Section 400.19, Code 2023, is amended to read as 12 follows: 13 400.19 Removal, discharge, demotion, or suspension of 14 subordinates. 15 The person having the appointing power as provided in 16 this chapter , or the chief of police or chief of the fire 17 department, may, upon presentation of reasonable and just 18 grounds for such action to the subordinate in writing, 19 peremptorily remove, discharge, demote, or suspend a 20 subordinate then under the person’s or chief’s direction due 21 to any proven act or failure to act by the employee that is 22 in contravention violation of clearly established law , or 23 city policies , or standard operating procedures, or that in 24 the judgment of the person or chief is sufficient immediately 25 detrimental to show that the employee is unsuitable or unfit 26 for employment public . 27 Sec. 4. NEW SECTION . 400.22A Exculpatory evidence. 28 A person shall not knowingly withhold exculpatory evidence 29 from an employee subject to a written specification of charges 30 filed under section 400.22. 31 Sec. 5. Section 400.24, Code 2023, is amended to read as 32 follows: 33 400.24 Oaths —— books and papers. 34 The presiding officer of the commission or the council, as 35 -2- LSB 1984SV (2) 90 je/rn 2/ 8

S.F. 457 the case may be, shall have power to administer oaths in the 1 same manner and with like effect and under the same penalties 2 as in the case of magistrates exercising criminal or civil 3 jurisdiction. The council or commission shall cause subpoenas 4 to be issued for such witnesses and the production of such 5 books and papers as either party may designate. The subpoenas 6 shall be signed by the chairperson of the commission or mayor, 7 as the case may be , or by an attorney representing a party 8 before the commission . 9 Sec. 6. Section 400.26, Code 2023, is amended to read as 10 follows: 11 400.26 Public trial. 12 The trial of all appeals shall be public, and the parties 13 may be represented by counsel or by the parties’ authorized 14 collective bargaining representative. However, upon the 15 request of the employee, the deliberations of the commission 16 shall be held in closed session. 17 Sec. 7. Section 400.27, subsections 1, 2, and 3, Code 2023, 18 are amended to read as follows: 19 1. a. The civil service commission has jurisdiction to hear 20 and determine matters involving the rights of civil service 21 employees under this chapter , and may affirm, modify, or 22 reverse any case on its merits. 23 b. If the commission determines that the city proved the 24 employee committed the charge as specified, the commission 25 shall determine whether the removal, discharge, demotion, 26 or suspension of the employee was unreasonable or unjust 27 based upon the totality of the circumstances. For the 28 purposes of this subsection, the commission shall consider 29 factors including the nature of the conduct at issue in the 30 circumstances, the proportionality of the punishment to the 31 conduct at issue, the employee’s work history, whether the 32 employee reasonably could comply with the policy or rule in 33 the circumstances and whether the employee’s conduct was 34 objectively reasonable in the circumstances, the employee’s 35 -3- LSB 1984SV (2) 90 je/rn 3/ 8

S.F. 457 defenses or justifications, any mitigating or aggravating 1 factors, whether the punishment is reasonably calculated to 2 correct the employee’s behavior or conduct or if the punishment 3 is necessary to protect the public interest, and whether the 4 city, its employees, or the appointing authority acted in 5 accordance with the law, city policies, department rules, or 6 standard operating procedures. The commission shall only 7 consider, order, or impose discipline upon the employee for 8 charges proven by the city. 9 c. The commission shall reverse the city’s decision and 10 dismiss a charge with prejudice if the city fails to meet its 11 burden of proof as to any element of the charge. 12 d. The final decision of the commission shall be based upon 13 a majority vote of the commission, shall be made in writing, 14 and shall include findings of fact and conclusions relied upon, 15 and reasoning or rationale for the decision, separately stated. 16 The commission shall render and serve its final decision upon 17 the parties within thirty days of the close of the record or 18 trial unless the parties consent to a later date in writing or 19 on the record. 20 2. a. The Except as otherwise provided in this section, 21 the city attorney or solicitor shall be the attorney for the 22 commission or when requested by the commission shall present 23 matters concerning civil service employees to the commission, 24 except the commission may hire a counselor or an attorney 25 on a per diem basis to represent it when in the opinion of 26 the commission there is a conflict of interest between the 27 commission and the city council. The counselor or attorney 28 hired by the commission shall not be the city attorney or 29 solicitor. The city shall pay the costs incurred by the 30 commission in employing an attorney under this section . 31 b. Upon the filing of a notice of appeal pursuant to section 32 400.21, a city attorney, assistant city attorney, or solicitor 33 who represents or has represented the commission shall not 34 represent the city or its officers or employees in an appeal 35 -4- LSB 1984SV (2) 90 je/rn 4/ 8

S.F. 457 pending before the commission unless the employee waives the 1 conflict of interest in writing or on the record. If the 2 commission is required to hire a counselor or attorney that 3 is not a city attorney, assistant city attorney, or solicitor 4 as provided in this subsection, the city shall pay the costs 5 incurred by the commission in employing a counselor or attorney 6 under this section, and the commission shall independently seek 7 and retain such an attorney. 8 c. A counselor or attorney who represents the commission 9 in an appeal before the commission shall be fair and impartial 10 toward the parties. The counselor or attorney representing the 11 commission may provide advice and counsel to the commission 12 on matters before it and assist the commission with its 13 proceedings and trial as may be necessary or requested. 14 3. The city or any civil service employee shall have a 15 right to appeal to the district court from the final ruling or 16 decision of the civil service commission. The appeal shall be 17 taken within thirty days from the filing service of the formal 18 decision of the commission. The district court of the county 19 in which the city is located shall have full jurisdiction 20 of the appeal. The scope of review for the appeal shall be 21 limited to a trial de novo appellate review without a trial or 22 additional evidence . 23 Sec. 8. Section 400.27, Code 2023, is amended by adding the 24 following new subsections: 25 NEW SUBSECTION . 2A. The commission shall provide for the 26 production of evidence and exchange of exhibits in advance of 27 trial. The city shall mark its exhibits with numbers. The 28 employee shall mark its exhibits with letters. 29 NEW SUBSECTION . 6. In addition to any other remedies 30 and relief, upon application, the district court may award a 31 prevailing employee reasonable attorney fees, expert fees, and 32 costs and expenses. 33 Sec. 9. EFFECTIVE DATE. This Act, being deemed of immediate 34 importance, takes effect upon enactment. 35 -5- LSB 1984SV (2) 90 je/rn 5/ 8

S.F. 457 EXPLANATION 1 The inclusion of this explanation does not constitute agreement with 2 the explanation’s substance by the members of the general assembly. 3 This bill relates to procedures governing city civil service 4 under Code chapter 400. 5 The bill strikes language authorizing the city council 6 to establish, by ordinance, the number of civil service 7 commissioners at not less than three in a city having a 8 population of more than 70,000. The bill requires the city 9 council to establish, by ordinance, the number of civil service 10 commissioners at not less than five and not more than seven 11 in a city having a population of more than 50,000. The bill 12 requires the mayor, with the approval of city council, to 13 appoint five civil service commissioners in a city having 14 a population of more than 50,000 and having a paid fire 15 department or a paid police department. 16 The bill strikes language providing that an employee holding 17 civil service rights shall not be subject to disciplinary 18 action arbitrarily, but may be subject to disciplinary action 19 due to any act or failure to act by the employee that is in 20 contravention of law, city policies, or standard operating 21 procedures, or that in the judgment of the person imposing 22 disciplinary action, is sufficient to show that the employee 23 is unsuitable or unfit for employment. The bill instead 24 provides that an employee holding civil service rights shall 25 not be unreasonably or unjustly subject to disciplinary action, 26 but may be subject to disciplinary action upon a finding by 27 a preponderance of the evidence that the employee committed 28 an act or failure to act that is in violation of clearly 29 established law or reasonable city policies or department 30 rules. 31 The bill strikes language allowing an appointing authority 32 to peremptorily impose disciplinary action on a subordinate, 33 upon presentation of grounds for such action to the 34 subordinate, due to any act or failure to act by the employee 35 -6- LSB 1984SV (2) 90 je/rn 6/ 8

S.F. 457 that is in contravention of law, city policies, or standard 1 operating procedures, or that in the judgment of the authority 2 is sufficient to show that the employee is unsuitable or 3 unfit for employment. The bill instead allows an appointing 4 authority to peremptorily impose disciplinary action on a 5 subordinate, upon presentation of reasonable and just grounds 6 for such action to the subordinate, due to any proven act or 7 failure to act by the employee that is in violation of clearly 8 established law or city policies or is immediately detrimental 9 to the public. 10 The bill includes various changes relating to appeals of 11 decisions regarding disciplinary action to city civil service 12 commissions. When an employee is charged with a violation, the 13 bill provides that the city shall establish each element of the 14 charges by a preponderance of the evidence and shall have the 15 burden to prove that the punishment imposed upon the employee 16 is proportionate, reasonable, and just in the totality of the 17 circumstances. The bill prohibits a person from knowingly 18 withholding exculpatory evidence from an employee so charged. 19 The bill permits an attorney representing a party in such an 20 appeal to sign a subpoena. The bill authorizes the commission 21 to deliberate in closed session upon request of the employee. 22 The bill requires the commission to provide for the production 23 of evidence and exchange of exhibits in advance of trial. 24 If the city civil commission determines that the city proved 25 the employee committed the charge as specified, the bill 26 requires the commission to determine whether the disciplinary 27 action was unreasonable or unjust based upon the totality of 28 the circumstances based on factors including those specified 29 in the bill. The bill provides that the commission shall 30 only consider, order, or impose discipline upon the employee 31 for charges proven by the city. The bill provides that the 32 commission shall reverse the city’s decision and dismiss a 33 charge with prejudice if the city fails to meet its burden 34 of proof as to any element of the charge. The bill provides 35 -7- LSB 1984SV (2) 90 je/rn 7/ 8

S.F. 457 that the final decision of the commission shall be based upon 1 a majority vote of the commission, shall be made in writing, 2 and shall include findings of fact and conclusions relied upon, 3 and reasoning or rationale for the decision, separately stated. 4 The bill requires the commission to render and serve its final 5 decision upon the parties within 30 days of the close of the 6 record or trial unless the parties consent to a later date in 7 writing or on the record. 8 The bill provides procedures for counsel representing the 9 city in an appeal to a city civil services commission. 10 The bill strikes language providing that the scope of review 11 for an appeal of the decision of the city civil service to 12 district court shall be limited to de novo appellate review 13 without a trial or additional evidence. The bill instead 14 provides that the scope of review shall be a trial de novo. 15 The bill provides that in addition to any other remedies and 16 relief, upon application, the district court may award a 17 prevailing employee reasonable attorney fees, expert fees, and 18 costs and expenses. 19 The bill takes effect upon enactment. 20 -8- LSB 1984SV (2) 90 je/rn 8/ 8