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House
File
641
-
Introduced
HOUSE
FILE
641
BY
COMMITTEE
ON
LOCAL
GOVERNMENT
(SUCCESSOR
TO
HSB
82)
A
BILL
FOR
An
Act
relating
to
city
civil
service
employees
and
related
1
procedures
and
including
effective
date
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
364.3,
Code
2025,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
20.
A
city
with
a
civil
service
commission
3
established
under
chapter
400
shall
not
adopt,
enforce,
or
4
otherwise
administer
an
ordinance,
motion,
resolution,
or
5
amendment,
or
use
any
other
means,
to
establish
a
board
or
6
other
entity
for
the
purpose
of
citizen
review
of
the
conduct
7
of
officers
as
defined
under
section
80F.1,
subsection
1,
8
paragraph
“f”
.
9
Sec.
2.
Section
400.1,
subsection
1,
Code
2025,
is
amended
10
to
read
as
follows:
11
1.
In
cities
having
a
population
of
eight
thousand
or
over
12
and
having
a
paid
fire
department
or
a
paid
police
department,
13
the
mayor,
one
year
after
a
regular
city
election,
with
the
14
approval
of
the
council,
shall
appoint
three
civil
service
15
commissioners.
The
mayor
shall
publish
notice
of
the
names
16
of
persons
selected
for
appointment
no
less
than
thirty
days
17
prior
to
a
vote
by
the
city
council.
Commissioners
shall
hold
18
office,
one
until
the
first
Monday
in
April
of
the
second
year,
19
one
until
the
first
Monday
in
April
of
the
third
year,
and
one
20
until
the
first
Monday
in
April
of
the
fourth
year
after
such
21
appointment,
whose
successors
shall
be
appointed
for
a
term
22
of
four
years.
In
cities
having
a
population
of
more
than
23
seventy
fifty
thousand,
the
city
council
may
shall
establish,
24
by
ordinance,
the
number
of
civil
service
commissioners
at
not
25
less
than
three
five
but
not
more
than
seven
.
26
Sec.
3.
Section
400.18,
subsections
1
and
3,
Code
2025,
are
27
amended
to
read
as
follows:
28
1.
A
person
holding
civil
service
rights
as
provided
in
29
this
chapter
shall
not
only
be
removed,
discharged,
demoted,
30
or
suspended
arbitrarily,
but
may
be
removed,
discharged,
31
demoted,
or
suspended
due
to
any
act
or
failure
to
act
by
32
with
just
cause
and
upon
a
finding
by
a
preponderance
of
the
33
evidence
that
an
act
or
failure
to
act
by
the
employee
that
is
34
in
contravention
violation
of
law,
city
policies,
or
standard
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operating
procedures,
or
that
in
the
judgment
of
the
person
1
having
the
appointing
power
as
provided
in
this
chapter
,
or
the
2
chief
of
police
or
chief
of
the
fire
department,
is
sufficient
3
to
show
that
the
employee
is
unsuitable
or
unfit
for
employment
4
rules,
or
that
the
employee
is
physically
or
mentally
unfit
as
5
determined
under
guidelines
established
pursuant
to
section
6
400.8A
.
This
subsection
shall
not
be
construed
to
modify
the
7
rights,
requirements,
or
procedures
provided
in
section
400.8A
8
or
other
rights,
requirements,
or
procedures
provided
by
law.
9
3.
The
city
shall
have
the
burden
to
prove
that
the
act
or
10
failure
to
act
by
the
employee
was
in
contravention
violation
11
of
law,
city
policies,
or
standard
operating
procedures,
or
is
12
sufficient
to
show
that
the
employee
is
unsuitable
or
unfit
for
13
employment
department
rules
not
in
conflict
with
any
collective
14
bargaining
agreement
or
law
.
For
purposes
of
this
chapter,
15
the
city
shall
establish
each
element
of
the
charges
specified
16
under
section
400.22
by
a
preponderance
of
the
evidence.
The
17
city
shall
have
the
burden
to
prove
that
the
punishment
imposed
18
upon
the
employee
is
proportionate,
reasonable,
and
just
in
the
19
totality
of
the
circumstances
under
the
factors
provided
in
20
section
400.27,
subsection
1,
paragraph
“b”
.
21
Sec.
4.
Section
400.19,
Code
2025,
is
amended
to
read
as
22
follows:
23
400.19
Removal
Peremptory
removal
,
discharge,
demotion,
or
24
suspension
of
subordinates.
25
The
person
having
the
appointing
power
as
provided
in
26
this
chapter
,
or
the
chief
of
police
or
chief
of
the
fire
27
department,
may,
upon
presentation
of
reasonable
and
just
28
grounds
for
such
action
to
the
subordinate
in
writing,
29
peremptorily
remove,
discharge,
demote,
or
suspend
a
30
subordinate
then
under
the
person’s
or
chief’s
direction
31
due
to
any
act
or
failure
to
act
by
the
employee
that
is
in
32
contravention
violation
of
law,
city
policies,
or
standard
33
operating
procedures,
or
that
in
the
judgment
of
the
person
or
34
chief
department
rules,
and
is
sufficient
deemed
reasonably
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anticipated
to
be
detrimental
to
show
that
the
employee
is
1
unsuitable
or
unfit
for
employment
public
.
This
section
2
shall
not
be
construed
to
modify
the
rights,
requirements,
3
or
procedures
provided
in
section
400.8A
or
other
rights,
4
requirements,
or
procedures
provided
by
law.
5
Sec.
5.
NEW
SECTION
.
400.22A
Exculpatory
evidence.
6
A
person
shall
not
knowingly
withhold
exculpatory
evidence
7
from
an
employee
subject
to
a
written
specification
of
charges
8
filed
under
section
400.22.
9
Sec.
6.
Section
400.23,
Code
2025,
is
amended
to
read
as
10
follows:
11
400.23
Time
and
place
of
hearing.
12
Within
ten
days
after
such
specifications
are
filed,
the
13
commission
shall
fix
the
time
for
a
hearing
,
which
shall
be
not
14
less
than
five
nor
more
than
twenty
days
thereafter,
and
the
15
place
for
hearing
the
appeal
and
.
The
commission
shall
notify
16
the
parties
in
writing
of
the
time
and
place
so
fixed,
and
the
17
notice
shall
contain
a
copy
of
the
specifications
so
filed.
18
Hearings
under
this
section
shall
be
held
during
normal
city
19
business
hours
unless
otherwise
agreed
to
by
the
parties
and
20
the
commission.
The
commission
in
its
discretion
may
grant
a
21
continuance
or
stay
of
a
hearing
upon
request.
22
Sec.
7.
Section
400.24,
Code
2025,
is
amended
to
read
as
23
follows:
24
400.24
Oaths
——
books
and
papers
——
procedures
.
25
1.
The
presiding
officer
of
the
commission
or
the
council,
26
as
the
case
may
be,
shall
have
power
to
administer
oaths
in
the
27
same
manner
and
with
like
effect
and
under
the
same
penalties
28
as
in
the
case
of
magistrates
exercising
criminal
or
civil
29
jurisdiction.
30
2.
The
council
or
commission
shall
cause
subpoenas
to
be
31
issued
for
such
witnesses
and
the
production
of
such
books
and
32
papers
as
either
party
may
designate.
Issuance
of
subpoenas
33
shall
be
consistent
with
the
Iowa
rules
of
civil
procedure.
34
The
subpoenas
shall
be
signed
by
the
chairperson
of
the
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commission
or
mayor,
as
the
case
may
be
,
or
by
an
attorney
1
representing
a
party
before
the
commission
.
The
council
or
2
commission
shall
provide
a
copy
of
each
subpoena
to
both
3
parties
upon
issuance.
A
party,
or
an
attorney
representing
4
a
party,
shall
provide
copies
of
any
material
produced
in
5
response
to
a
subpoena
to
the
opposing
party
upon
receipt
of
6
such
material.
7
3.
Those
employees
who
are
defined
as
an
“officer”
under
8
section
80F.1,
subsection
1,
paragraph
“f”
,
shall
have
the
9
right
to
request
documents,
records,
and
any
other
evidence
10
in
the
possession
of
the
appointing
authority
relevant
to
the
11
determination
of
cause
and
proportionality
of
discipline
not
12
otherwise
in
violation
of
chapter
80F.
13
Sec.
8.
Section
400.26,
Code
2025,
is
amended
to
read
as
14
follows:
15
400.26
Public
trial.
16
The
trial
of
all
appeals
shall
be
public,
and
the
parties
17
may
be
represented
by
counsel
or
by
the
parties’
authorized
18
collective
bargaining
representative.
However,
upon
the
19
request
of
the
employee,
the
deliberations
of
the
commission
20
in
a
city
with
a
population
of
less
than
two
hundred
thousand
21
shall
be
held
in
closed
session.
22
Sec.
9.
Section
400.27,
subsections
1,
2,
and
3,
Code
2025,
23
are
amended
to
read
as
follows:
24
1.
a.
The
civil
service
commission
has
jurisdiction
to
hear
25
and
determine
matters
involving
the
rights
of
civil
service
26
employees
under
this
chapter
,
and
may
affirm,
modify,
or
27
reverse
any
case
on
its
merits.
28
b.
If
the
commission
determines
that
the
city
proved
the
29
employee
committed
the
charge
as
specified,
the
commission
30
shall
determine
whether
the
removal,
discharge,
demotion,
or
31
suspension
of
the
employee
was
with
just
cause
based
upon
32
the
totality
of
the
circumstances.
For
the
purposes
of
this
33
subsection,
the
commission
shall
consider
factors
including
34
the
nature
of
the
conduct
at
issue
in
the
circumstances,
the
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proportionality
of
the
punishment
to
the
conduct
at
issue,
1
the
employee’s
work
history,
whether
the
employee
reasonably
2
could
comply
with
the
policy
or
rule
in
the
circumstances
and
3
whether
the
employee’s
conduct
was
objectively
reasonable
in
4
the
circumstances,
the
employee’s
defenses
or
justifications,
5
any
mitigating
or
aggravating
factors,
whether
the
punishment
6
is
reasonably
calculated
to
correct
the
employee’s
behavior
or
7
conduct,
if
the
punishment
is
necessary
to
protect
the
public
8
interest,
whether
the
city,
its
employees,
or
the
appointing
9
authority
acted
in
accordance
with
the
law,
city
policies,
10
department
rules,
or
standard
operating
procedures,
or
if
the
11
policy
failed
in
the
circumstances.
The
commission
shall
only
12
consider,
order,
or
impose
discipline
upon
the
employee
for
13
charges
proven
by
the
city.
14
c.
The
commission
shall
reverse
the
city’s
decision
and
15
dismiss
a
specific
charge
with
prejudice
if
the
city
fails
to
16
meet
its
burden
of
proof
as
to
that
charge.
17
d.
The
final
decision
of
the
commission
shall
be
based
upon
18
a
majority
vote
of
the
commission,
shall
be
made
in
writing,
19
and
shall
include
findings
of
fact
and
conclusions
relied
upon,
20
and
reasoning
or
rationale
for
the
decision,
separately
stated.
21
The
commission
shall
render
and
serve
its
final
decision
upon
22
the
parties
by
certified
mail
within
thirty
days
of
the
close
23
of
the
record
or
trial
unless
the
parties
consent
to
a
later
24
date
in
writing
or
on
the
record.
The
final
decision
may
be
25
served
upon
an
employee
by
electronic
mail
with
the
consent
of
26
the
employee.
27
2.
a.
The
Except
as
otherwise
provided
in
this
section,
28
the
city
attorney
or
solicitor
shall
be
the
attorney
for
the
29
commission
or
when
requested
by
the
commission
shall
present
30
matters
concerning
civil
service
employees
to
the
commission,
31
except
the
commission
may
hire
a
counselor
or
an
attorney
32
on
a
per
diem
basis
to
represent
it
when
in
the
opinion
of
33
the
commission
there
is
a
conflict
of
interest
between
the
34
commission
and
the
city
council.
The
counselor
or
attorney
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hired
by
the
commission
shall
not
be
the
city
attorney
or
1
solicitor.
The
city
shall
pay
the
costs
incurred
by
the
2
commission
in
employing
an
attorney
under
this
section
.
3
b.
Upon
the
filing
of
a
notice
of
appeal
pursuant
to
section
4
400.21,
a
city
attorney,
assistant
city
attorney,
or
solicitor
5
who
represents
or
has
represented
the
commission
shall
not
6
represent
the
city
or
its
officers
or
employees
in
an
appeal
7
pending
before
the
commission
unless
the
employee
waives
the
8
conflict
of
interest
in
writing
or
on
the
record.
If
the
9
commission
is
required
to
hire
a
counselor
or
attorney
that
10
is
not
a
city
attorney,
assistant
city
attorney,
or
solicitor
11
as
provided
in
this
subsection,
the
city
shall
pay
the
costs
12
incurred
by
the
commission
in
employing
a
counselor
or
attorney
13
under
this
section,
and
the
commission
shall
independently
seek
14
and
retain
such
an
attorney.
15
c.
A
counselor
or
attorney
who
represents
the
commission
16
in
an
appeal
before
the
commission
shall
be
fair
and
impartial
17
toward
the
parties.
The
counselor
or
attorney
representing
the
18
commission
may
provide
advice
and
counsel
to
the
commission
19
on
matters
before
it
and
assist
the
commission
with
its
20
proceedings
and
trial
as
may
be
necessary
or
requested.
21
3.
The
city
or
any
civil
service
employee
shall
have
a
22
right
to
appeal
to
the
district
court
from
the
final
ruling
or
23
decision
of
the
civil
service
commission.
The
appeal
shall
be
24
taken
within
thirty
days
from
the
filing
service
of
the
formal
25
decision
of
the
commission.
The
district
court
of
the
county
26
in
which
the
city
is
located
shall
have
full
jurisdiction
27
of
the
appeal.
The
scope
of
review
for
the
appeal
shall
be
28
limited
to
a
trial
de
novo
appellate
review
without
a
trial
or
29
additional
evidence
.
30
Sec.
10.
Section
400.27,
Code
2025,
is
amended
by
adding
the
31
following
new
subsections:
32
NEW
SUBSECTION
.
2A.
The
commission
shall
provide
for
the
33
production
of
evidence
and
exchange
of
exhibits
in
advance
of
34
trial.
The
city
shall
mark
its
exhibits
with
numbers.
The
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employee
shall
mark
its
exhibits
with
letters.
1
NEW
SUBSECTION
.
6.
In
addition
to
any
other
remedies
2
and
relief,
upon
application,
the
district
court
may
award
3
reasonable
attorney
fees,
expert
fees,
and
costs
to
those
4
employees
who
are
defined
as
an
“officer”
under
section
80F.1,
5
subsection
1,
paragraph
“f”
,
and
only
when
such
employee
meets
6
any
of
the
following
criteria:
7
a.
The
employee
is
fully
reinstated
from
a
termination
8
without
discipline
imposed.
9
b.
The
employee’s
suspension
has
been
reduced
by
over
fifty
10
percent.
11
c.
The
employee’s
demotion
was
reversed.
12
Sec.
11.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
13
immediate
importance,
takes
effect
upon
enactment.
14
EXPLANATION
15
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
16
the
explanation’s
substance
by
the
members
of
the
general
assembly.
17
This
bill
relates
to
city
civil
service.
18
The
bill
prohibits
a
city
with
a
civil
service
commission
19
established
under
Code
chapter
400
from
adopting,
enforcing,
or
20
otherwise
administering
an
ordinance,
motion,
resolution,
or
21
amendment,
or
using
any
other
means,
to
establish
a
board
or
22
other
entity
for
the
purpose
of
citizen
review
of
the
conduct
23
of
officers
as
defined
under
Code
section
80F.1.
24
The
bill
strikes
language
authorizing
a
city
council
25
to
establish,
by
ordinance,
the
number
of
civil
service
26
commissioners
at
not
less
than
three
in
a
city
having
a
27
population
of
more
than
70,000.
The
bill
requires
a
city
28
council
in
a
city
having
a
population
of
more
than
50,000
29
to
establish,
by
ordinance,
the
number
of
civil
service
30
commissioners
at
not
less
than
five
and
not
more
than
seven.
31
The
bill
modifies
standards
and
procedures
for
the
removal,
32
discharge,
demotion,
or
suspension
of
a
city
civil
service
33
employee.
The
bill
modifies
standards
and
procedures
for
34
appeals
of
such
actions
to
a
city
civil
service
commission,
35
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H.F.
641
including
procedures
and
standards
for
hearings
on
such
appeals
1
and
procedures
applicable
before
such
hearings
are
held.
The
2
bill
also
modifies
standards
and
procedures
for
appeal
of
such
3
decisions
by
a
city
civil
service
commission
to
the
district
4
court,
including
modifying
the
applicable
scope
of
review
and
5
providing
for
reasonable
attorney
fees,
expert
fees,
and
costs
6
and
expenses
to
be
awarded
to
an
officer
who
substantially
7
prevails
in
such
an
appeal.
8
The
bill
takes
effect
upon
enactment.
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