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House File 717 - ReprintedA Bill ForAn Act 1concerning appeal rights relating to veterans
2preference.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 35C.3, Code 2020, is amended to read as
2follows:
335C.3 Duty to investigate and appoint.
4When any preferred person applies for appointment or
5employment under this chapter, the officer, board, or person
6whose duty it is or may be to appoint or employ a person to fill
7the position or place shall, before appointing or employing a
8person to fill the position or place, make an investigation
9as to the qualifications of the applicant for the place or
10position, and if the applicant is of good moral character
11and can perform the duties of the position applied for, the
12officer, board, or person shall appoint the applicant to the
13position, place, or employment. The appointing officer, board,
14or person shall set forth in writing and file for public
15inspection the specific grounds upon which it appointed or
16refused to appoint the person. At the time of application or
17at an interview for the position, an applicant may request
18notification of refusal only or notification of refusal and
19the specific grounds for refusal. The notification shall be
20sent within ten days after the successful applicant is selected
21and shall include information on the right of an unsuccessful
22applicant to maintain an action for mandamus under section
2335C.4, or file an appeal and the time to file an appeal under
24section 35C.5.
25 Sec. 2. Section 35C.4, Code 2020, is amended to read as
26follows:
2735C.4 Mandamus — judicial review.
28A refusal to allow said preference, or a reduction of
29the salary for said position with intent to bring about the
30resignation or discharge of the incumbent, shall entitle the
31applicant or incumbent, as the case may be, to maintain an
32action of mandamus to right the wrong. At their election
33such parties may, in the alternative, maintain an action for
34judicial review in accordance with the terms of the Iowa
35administrative procedure Act, chapter 17A, if that is otherwise
-1-1applicable to their case. An action of mandamus shall be filed
2by an applicant or incumbent within three hundred days after a
3refusal to allow said preference, or a reduction of the salary
4for said position with intent to bring about the resignation
5or discharge of the incumbent.
6 Sec. 3. Section 35C.6, Code 2020, is amended to read as
7follows:
835C.6 Removal — certiorari — judicial review.
9No person holding a public position by appointment or
10employment, and belonging to any of the classes of persons
11to whom a preference is granted under this chapter, shall
12be removed from such position or employment except for
13incompetency or misconduct shown after a hearing, upon due
14notice, upon stated charges, and with the right of such
15employee or appointee to a review by a writ of certiorari or at
16such person’s election, to judicial review in accordance with
17the terms of the Iowa administrative procedure Act, chapter
1817A, if that is otherwise applicable to their case. Upon
19removal from such position or employment, the person shall be
20provided written notification of the right of such employee
21or appointee to a review by a writ of certiorari or judicial
22review. A review by a writ of certiorari shall be filed within
23three hundred days of the removal of the employee or appointee.
ec/rn/md
2preference.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 35C.3, Code 2020, is amended to read as
2follows:
335C.3 Duty to investigate and appoint.
4When any preferred person applies for appointment or
5employment under this chapter, the officer, board, or person
6whose duty it is or may be to appoint or employ a person to fill
7the position or place shall, before appointing or employing a
8person to fill the position or place, make an investigation
9as to the qualifications of the applicant for the place or
10position, and if the applicant is of good moral character
11and can perform the duties of the position applied for, the
12officer, board, or person shall appoint the applicant to the
13position, place, or employment. The appointing officer, board,
14or person shall set forth in writing and file for public
15inspection the specific grounds upon which it appointed or
16refused to appoint the person. At the time of application or
17at an interview for the position, an applicant may request
18notification of refusal only or notification of refusal and
19the specific grounds for refusal. The notification shall be
20sent within ten days after the successful applicant is selected
21and shall include information on the right of an unsuccessful
22applicant to maintain an action for mandamus under section
2335C.4, or file an appeal and the time to file an appeal under
24section 35C.5.
25 Sec. 2. Section 35C.4, Code 2020, is amended to read as
26follows:
2735C.4 Mandamus — judicial review.
28A refusal to allow said preference, or a reduction of
29the salary for said position with intent to bring about the
30resignation or discharge of the incumbent, shall entitle the
31applicant or incumbent, as the case may be, to maintain an
32action of mandamus to right the wrong. At their election
33such parties may, in the alternative, maintain an action for
34judicial review in accordance with the terms of the Iowa
35administrative procedure Act, chapter 17A, if that is otherwise
-1-1applicable to their case. An action of mandamus shall be filed
2by an applicant or incumbent within three hundred days after a
3refusal to allow said preference, or a reduction of the salary
4for said position with intent to bring about the resignation
5or discharge of the incumbent.
6 Sec. 3. Section 35C.6, Code 2020, is amended to read as
7follows:
835C.6 Removal — certiorari — judicial review.
9No person holding a public position by appointment or
10employment, and belonging to any of the classes of persons
11to whom a preference is granted under this chapter, shall
12be removed from such position or employment except for
13incompetency or misconduct shown after a hearing, upon due
14notice, upon stated charges, and with the right of such
15employee or appointee to a review by a writ of certiorari or at
16such person’s election, to judicial review in accordance with
17the terms of the Iowa administrative procedure Act, chapter
1817A, if that is otherwise applicable to their case. Upon
19removal from such position or employment, the person shall be
20provided written notification of the right of such employee
21or appointee to a review by a writ of certiorari or judicial
22review. A review by a writ of certiorari shall be filed within
23three hundred days of the removal of the employee or appointee.
ec/rn/md