House
File
717
-
Reprinted
HOUSE
FILE
717
BY
COMMITTEE
ON
PUBLIC
SAFETY
(SUCCESSOR
TO
HSB
212)
(As
Amended
and
Passed
by
the
House
February
25,
2020
)
A
BILL
FOR
An
Act
concerning
appeal
rights
relating
to
veterans
1
preference.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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717
Section
1.
Section
35C.3,
Code
2020,
is
amended
to
read
as
1
follows:
2
35C.3
Duty
to
investigate
and
appoint.
3
When
any
preferred
person
applies
for
appointment
or
4
employment
under
this
chapter
,
the
officer,
board,
or
person
5
whose
duty
it
is
or
may
be
to
appoint
or
employ
a
person
to
fill
6
the
position
or
place
shall,
before
appointing
or
employing
a
7
person
to
fill
the
position
or
place,
make
an
investigation
8
as
to
the
qualifications
of
the
applicant
for
the
place
or
9
position,
and
if
the
applicant
is
of
good
moral
character
10
and
can
perform
the
duties
of
the
position
applied
for,
the
11
officer,
board,
or
person
shall
appoint
the
applicant
to
the
12
position,
place,
or
employment.
The
appointing
officer,
board,
13
or
person
shall
set
forth
in
writing
and
file
for
public
14
inspection
the
specific
grounds
upon
which
it
appointed
or
15
refused
to
appoint
the
person.
At
the
time
of
application
or
16
at
an
interview
for
the
position,
an
applicant
may
request
17
notification
of
refusal
only
or
notification
of
refusal
and
18
the
specific
grounds
for
refusal.
The
notification
shall
be
19
sent
within
ten
days
after
the
successful
applicant
is
selected
20
and
shall
include
information
on
the
right
of
an
unsuccessful
21
applicant
to
maintain
an
action
for
mandamus
under
section
22
35C.4,
or
file
an
appeal
and
the
time
to
file
an
appeal
under
23
section
35C.5
.
24
Sec.
2.
Section
35C.4,
Code
2020,
is
amended
to
read
as
25
follows:
26
35C.4
Mandamus
——
judicial
review.
27
A
refusal
to
allow
said
preference,
or
a
reduction
of
28
the
salary
for
said
position
with
intent
to
bring
about
the
29
resignation
or
discharge
of
the
incumbent,
shall
entitle
the
30
applicant
or
incumbent,
as
the
case
may
be,
to
maintain
an
31
action
of
mandamus
to
right
the
wrong.
At
their
election
32
such
parties
may,
in
the
alternative,
maintain
an
action
for
33
judicial
review
in
accordance
with
the
terms
of
the
Iowa
34
administrative
procedure
Act,
chapter
17A
,
if
that
is
otherwise
35
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H.F.
717
applicable
to
their
case.
An
action
of
mandamus
shall
be
filed
1
by
an
applicant
or
incumbent
within
three
hundred
days
after
a
2
refusal
to
allow
said
preference,
or
a
reduction
of
the
salary
3
for
said
position
with
intent
to
bring
about
the
resignation
4
or
discharge
of
the
incumbent.
5
Sec.
3.
Section
35C.6,
Code
2020,
is
amended
to
read
as
6
follows:
7
35C.6
Removal
——
certiorari
——
judicial
review.
8
No
person
holding
a
public
position
by
appointment
or
9
employment,
and
belonging
to
any
of
the
classes
of
persons
10
to
whom
a
preference
is
granted
under
this
chapter
,
shall
11
be
removed
from
such
position
or
employment
except
for
12
incompetency
or
misconduct
shown
after
a
hearing,
upon
due
13
notice,
upon
stated
charges,
and
with
the
right
of
such
14
employee
or
appointee
to
a
review
by
a
writ
of
certiorari
or
at
15
such
person’s
election,
to
judicial
review
in
accordance
with
16
the
terms
of
the
Iowa
administrative
procedure
Act,
chapter
17
17A
,
if
that
is
otherwise
applicable
to
their
case.
Upon
18
removal
from
such
position
or
employment,
the
person
shall
be
19
provided
written
notification
of
the
right
of
such
employee
20
or
appointee
to
a
review
by
a
writ
of
certiorari
or
judicial
21
review.
A
review
by
a
writ
of
certiorari
shall
be
filed
within
22
three
hundred
days
of
the
removal
of
the
employee
or
appointee.
23
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