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House File 717 - EnrolledAn Actconcerning appeal rights relating to veterans
preference.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 35C.3, Code 2020, is amended to read as
follows:
35C.3 Duty to investigate and appoint.
When any preferred person applies for appointment or
employment under this chapter, the officer, board, or person
whose duty it is or may be to appoint or employ a person to fill
the position or place shall, before appointing or employing a
person to fill the position or place, make an investigation
as to the qualifications of the applicant for the place or
position, and if the applicant is of good moral character
and can perform the duties of the position applied for, the
officer, board, or person shall appoint the applicant to the
position, place, or employment. The appointing officer, board,
or person shall set forth in writing and file for public
inspection the specific grounds upon which it appointed or
refused to appoint the person. At the time of application or
at an interview for the position, an applicant may request
notification of refusal only or notification of refusal and
the specific grounds for refusal. The notification shall be
sent within ten days after the successful applicant is selected
and shall include information on the right of an unsuccessful
applicant to maintain an action for mandamus under section
35C.4, or file an appeal and the time to file an appeal under
section 35C.5.
Sec. 2. Section 35C.4, Code 2020, is amended to read as
follows:
35C.4 Mandamus — judicial review.
A refusal to allow said preference, or a reduction of
the salary for said position with intent to bring about the
resignation or discharge of the incumbent, shall entitle the
applicant or incumbent, as the case may be, to maintain an
action of mandamus to right the wrong. At their election
such parties may, in the alternative, maintain an action for
judicial review in accordance with the terms of the Iowa
administrative procedure Act, chapter 17A, if that is otherwise
-1-applicable to their case. An action of mandamus shall be filed
by an applicant or incumbent within three hundred days after a
refusal to allow said preference, or a reduction of the salary
for said position with intent to bring about the resignation
or discharge of the incumbent.
Sec. 3. Section 35C.6, Code 2020, is amended to read as
follows:
35C.6 Removal — certiorari — judicial review.
No person holding a public position by appointment or
employment, and belonging to any of the classes of persons
to whom a preference is granted under this chapter, shall
be removed from such position or employment except for
incompetency or misconduct shown after a hearing, upon due
notice, upon stated charges, and with the right of such
employee or appointee to a review by a writ of certiorari or at
such person’s election, to judicial review in accordance with
the terms of the Iowa administrative procedure Act, chapter
17A, if that is otherwise applicable to their case. Upon
removal from such position or employment, the person shall be
provided written notification of the right of such employee
or appointee to a review by a writ of certiorari or judicial
review. A review by a writ of certiorari shall be filed within
three hundred days of the removal of the employee or appointee.
______________________________
PAT GRASSLEYSpeaker of the House______________________________
CHARLES SCHNEIDERPresident of the Senate I hereby certify that this bill originated in the House and is known as House File 717, Eighty-eighth General Assembly.______________________________
MEGHAN NELSONChief Clerk of the HouseApproved _______________, 2020______________________________
KIM REYNOLDSGovernorec/rn/md
preference.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 35C.3, Code 2020, is amended to read as
follows:
35C.3 Duty to investigate and appoint.
When any preferred person applies for appointment or
employment under this chapter, the officer, board, or person
whose duty it is or may be to appoint or employ a person to fill
the position or place shall, before appointing or employing a
person to fill the position or place, make an investigation
as to the qualifications of the applicant for the place or
position, and if the applicant is of good moral character
and can perform the duties of the position applied for, the
officer, board, or person shall appoint the applicant to the
position, place, or employment. The appointing officer, board,
or person shall set forth in writing and file for public
inspection the specific grounds upon which it appointed or
refused to appoint the person. At the time of application or
at an interview for the position, an applicant may request
notification of refusal only or notification of refusal and
the specific grounds for refusal. The notification shall be
sent within ten days after the successful applicant is selected
and shall include information on the right of an unsuccessful
applicant to maintain an action for mandamus under section
35C.4, or file an appeal and the time to file an appeal under
section 35C.5.
Sec. 2. Section 35C.4, Code 2020, is amended to read as
follows:
35C.4 Mandamus — judicial review.
A refusal to allow said preference, or a reduction of
the salary for said position with intent to bring about the
resignation or discharge of the incumbent, shall entitle the
applicant or incumbent, as the case may be, to maintain an
action of mandamus to right the wrong. At their election
such parties may, in the alternative, maintain an action for
judicial review in accordance with the terms of the Iowa
administrative procedure Act, chapter 17A, if that is otherwise
-1-applicable to their case. An action of mandamus shall be filed
by an applicant or incumbent within three hundred days after a
refusal to allow said preference, or a reduction of the salary
for said position with intent to bring about the resignation
or discharge of the incumbent.
Sec. 3. Section 35C.6, Code 2020, is amended to read as
follows:
35C.6 Removal — certiorari — judicial review.
No person holding a public position by appointment or
employment, and belonging to any of the classes of persons
to whom a preference is granted under this chapter, shall
be removed from such position or employment except for
incompetency or misconduct shown after a hearing, upon due
notice, upon stated charges, and with the right of such
employee or appointee to a review by a writ of certiorari or at
such person’s election, to judicial review in accordance with
the terms of the Iowa administrative procedure Act, chapter
17A, if that is otherwise applicable to their case. Upon
removal from such position or employment, the person shall be
provided written notification of the right of such employee
or appointee to a review by a writ of certiorari or judicial
review. A review by a writ of certiorari shall be filed within
three hundred days of the removal of the employee or appointee.
______________________________
PAT GRASSLEYSpeaker of the House______________________________
CHARLES SCHNEIDERPresident of the Senate I hereby certify that this bill originated in the House and is known as House File 717, Eighty-eighth General Assembly.______________________________
MEGHAN NELSONChief Clerk of the HouseApproved _______________, 2020______________________________
KIM REYNOLDSGovernorec/rn/md