Bill Text: IA HSB82 | 2025-2026 | 91st General Assembly | Introduced
Bill Title: A bill for an act relating to city civil service employees and related procedures and including effective date provisions.(See HF 641.)
Spectrum: Committee Bill
Status: (Introduced) 2025-02-28 - Committee report approving bill, renumbered as HF 641. [HSB82 Detail]
Download: Iowa-2025-HSB82-Introduced.html
House
Study
Bill
82
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
LOCAL
GOVERNMENT
BILL
BY
CHAIRPERSON
JONES)
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
TLSB
1178YC
(2)
91
ll/js
H.F.
_____
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
police
officers.
8
Sec.
2.
Section
400.1,
subsection
1,
Code
2025,
is
amended
9
to
read
as
follows:
10
1.
In
cities
having
a
population
of
eight
thousand
or
over
11
and
having
a
paid
fire
department
or
a
paid
police
department,
12
the
mayor,
one
year
after
a
regular
city
election,
with
the
13
approval
of
the
council,
shall
appoint
three
civil
service
14
commissioners.
The
mayor
shall
publish
notice
of
the
names
15
of
persons
selected
for
appointment
no
less
than
thirty
days
16
prior
to
a
vote
by
the
city
council.
Commissioners
shall
hold
17
office,
one
until
the
first
Monday
in
April
of
the
second
year,
18
one
until
the
first
Monday
in
April
of
the
third
year,
and
one
19
until
the
first
Monday
in
April
of
the
fourth
year
after
such
20
appointment,
whose
successors
shall
be
appointed
for
a
term
21
of
four
years.
In
cities
having
a
population
of
more
than
22
seventy
fifty
thousand,
the
city
council
may
shall
establish,
23
by
ordinance,
the
number
of
civil
service
commissioners
at
not
24
less
than
three
five
but
not
more
than
seven
.
25
Sec.
3.
Section
400.18,
subsections
1
and
3,
Code
2025,
are
26
amended
to
read
as
follows:
27
1.
A
person
holding
civil
service
rights
as
provided
in
28
this
chapter
shall
not
only
be
removed,
discharged,
demoted,
29
or
suspended
arbitrarily,
but
may
be
removed,
discharged,
30
demoted,
or
suspended
due
to
any
act
or
failure
to
act
by
31
with
just
cause
and
upon
a
finding
by
a
preponderance
of
the
32
evidence
that
an
act
or
failure
to
act
by
the
employee
that
is
33
in
contravention
violation
of
law,
city
policies,
or
standard
34
operating
procedures,
or
that
in
the
judgment
of
the
person
35
-1-
LSB
1178YC
(2)
91
ll/js
1/
8
H.F.
_____
having
the
appointing
power
as
provided
in
this
chapter
,
or
the
1
chief
of
police
or
chief
of
the
fire
department,
is
sufficient
2
to
show
that
the
employee
is
unsuitable
or
unfit
for
employment
3
rules,
or
that
the
employee
is
physically
or
mentally
unfit
as
4
determined
under
guidelines
established
pursuant
to
section
5
400.8A
.
This
subsection
shall
not
be
construed
to
modify
the
6
rights,
requirements,
or
procedures
provided
in
section
400.8A
7
or
other
rights,
requirements,
or
procedures
provided
by
law.
8
3.
The
city
shall
have
the
burden
to
prove
that
the
act
or
9
failure
to
act
by
the
employee
was
in
contravention
violation
10
of
law,
city
policies,
or
standard
operating
procedures,
or
is
11
sufficient
to
show
that
the
employee
is
unsuitable
or
unfit
for
12
employment
department
rules
.
For
purposes
of
this
chapter,
13
the
city
shall
establish
each
element
of
the
charges
specified
14
under
section
400.22
by
a
preponderance
of
the
evidence.
The
15
city
shall
have
the
burden
to
prove
that
the
punishment
imposed
16
upon
the
employee
is
proportionate,
reasonable,
and
just
in
the
17
totality
of
the
circumstances
under
the
factors
provided
in
18
section
400.27,
subsection
1,
paragraph
“b”
.
19
Sec.
4.
Section
400.19,
Code
2025,
is
amended
to
read
as
20
follows:
21
400.19
Removal,
discharge,
demotion,
or
suspension
of
22
subordinates.
23
The
person
having
the
appointing
power
as
provided
in
24
this
chapter
,
or
the
chief
of
police
or
chief
of
the
fire
25
department,
may,
upon
presentation
of
reasonable
and
just
26
grounds
for
such
action
to
the
subordinate
in
writing,
27
peremptorily
remove,
discharge,
demote,
or
suspend
a
28
subordinate
then
under
the
person’s
or
chief’s
direction
29
due
to
any
act
or
failure
to
act
by
the
employee
that
is
in
30
contravention
violation
of
law,
city
policies,
or
standard
31
operating
procedures,
or
that
in
the
judgment
of
the
person
32
or
chief
department
rules,
or
is
sufficient
deemed
reasonably
33
anticipated
to
be
detrimental
to
show
that
the
employee
is
34
unsuitable
or
unfit
for
employment
public
.
This
section
35
-2-
LSB
1178YC
(2)
91
ll/js
2/
8
H.F.
_____
shall
not
be
construed
to
modify
the
rights,
requirements,
1
or
procedures
provided
in
section
400.8A
or
other
rights,
2
requirements,
or
procedures
provided
by
law.
3
Sec.
5.
NEW
SECTION
.
400.22A
Exculpatory
evidence.
4
A
person
shall
not
knowingly
withhold
exculpatory
evidence
5
from
an
employee
subject
to
a
written
specification
of
charges
6
filed
under
section
400.22.
7
Sec.
6.
Section
400.23,
Code
2025,
is
amended
to
read
as
8
follows:
9
400.23
Time
and
place
of
hearing.
10
Within
ten
days
after
such
specifications
are
filed,
the
11
commission
shall
fix
the
time
for
a
hearing
,
which
shall
be
not
12
less
than
five
nor
more
than
twenty
days
thereafter,
and
the
13
place
for
hearing
the
appeal
and
.
The
commission
shall
notify
14
the
parties
in
writing
of
the
time
and
place
so
fixed,
and
the
15
notice
shall
contain
a
copy
of
the
specifications
so
filed.
16
Hearings
under
this
section
shall
be
held
during
normal
city
17
business
hours
unless
otherwise
agreed
to
by
the
parties
and
18
the
commission.
The
commission
in
its
discretion
may
grant
a
19
continuance
or
stay
of
a
hearing
upon
request.
20
Sec.
7.
Section
400.24,
Code
2025,
is
amended
to
read
as
21
follows:
22
400.24
Oaths
——
books
and
papers
——
procedures
.
23
1.
The
presiding
officer
of
the
commission
or
the
council,
24
as
the
case
may
be,
shall
have
power
to
administer
oaths
in
the
25
same
manner
and
with
like
effect
and
under
the
same
penalties
26
as
in
the
case
of
magistrates
exercising
criminal
or
civil
27
jurisdiction.
28
2.
The
council
or
commission
shall
cause
subpoenas
to
be
29
issued
for
such
witnesses
and
the
production
of
such
books
and
30
papers
as
either
party
may
designate.
Issuance
of
subpoenas
31
shall
be
consistent
with
the
Iowa
rules
of
civil
procedure.
32
The
subpoenas
shall
be
signed
by
the
chairperson
of
the
33
commission
or
mayor,
as
the
case
may
be
,
or
by
an
attorney
34
representing
a
party
before
the
commission
.
The
council
or
35
-3-
LSB
1178YC
(2)
91
ll/js
3/
8
H.F.
_____
commission
shall
provide
a
copy
of
each
subpoena
to
both
1
parties
upon
issuance.
A
party,
or
an
attorney
representing
2
a
party,
shall
provide
copies
of
any
material
produced
in
3
response
to
a
subpoena
to
the
opposing
party
upon
receipt
of
4
such
material.
5
3.
The
parties
shall
have
the
right
to
engage
in
discovery
6
including
the
filing
of
interrogatories,
requests
for
7
production
of
documents,
and
the
taking
of
depositions.
The
8
commission
shall
hear
and
render
rulings
on
any
discovery
9
disputes
consistent
with
the
Iowa
rules
of
civil
procedure.
10
Sec.
8.
Section
400.26,
Code
2025,
is
amended
to
read
as
11
follows:
12
400.26
Public
trial.
13
The
trial
of
all
appeals
shall
be
public,
and
the
parties
14
may
be
represented
by
counsel
or
by
the
parties’
authorized
15
collective
bargaining
representative.
However,
upon
the
16
request
of
the
employee,
the
deliberations
of
the
commission
17
in
a
city
with
a
population
of
less
than
two
hundred
thousand
18
shall
be
held
in
closed
session.
19
Sec.
9.
Section
400.27,
subsections
1,
2,
and
3,
Code
2025,
20
are
amended
to
read
as
follows:
21
1.
a.
The
civil
service
commission
has
jurisdiction
to
hear
22
and
determine
matters
involving
the
rights
of
civil
service
23
employees
under
this
chapter
,
and
may
affirm,
modify,
or
24
reverse
any
case
on
its
merits.
25
b.
If
the
commission
determines
that
the
city
proved
the
26
employee
committed
the
charge
as
specified,
the
commission
27
shall
determine
whether
the
removal,
discharge,
demotion,
or
28
suspension
of
the
employee
was
with
just
cause
based
upon
29
the
totality
of
the
circumstances.
For
the
purposes
of
this
30
subsection,
the
commission
shall
consider
factors
including
31
the
nature
of
the
conduct
at
issue
in
the
circumstances,
the
32
proportionality
of
the
punishment
to
the
conduct
at
issue,
33
the
employee’s
work
history,
whether
the
employee
reasonably
34
could
comply
with
the
policy
or
rule
in
the
circumstances
and
35
-4-
LSB
1178YC
(2)
91
ll/js
4/
8
H.F.
_____
whether
the
employee’s
conduct
was
objectively
reasonable
in
1
the
circumstances,
the
employee’s
defenses
or
justifications,
2
any
mitigating
or
aggravating
factors,
whether
the
punishment
3
is
reasonably
calculated
to
correct
the
employee’s
behavior
or
4
conduct,
if
the
punishment
is
necessary
to
protect
the
public
5
interest,
whether
the
city,
its
employees,
or
the
appointing
6
authority
acted
in
accordance
with
the
law,
city
policies,
7
department
rules,
or
standard
operating
procedures,
or
if
the
8
policy
failed
in
the
circumstances.
The
commission
shall
only
9
consider,
order,
or
impose
discipline
upon
the
employee
for
10
charges
proven
by
the
city.
11
c.
The
commission
shall
reverse
the
city’s
decision
and
12
dismiss
a
specific
charge
with
prejudice
if
the
city
fails
to
13
meet
its
burden
of
proof
as
to
that
charge.
14
d.
The
final
decision
of
the
commission
shall
be
based
upon
15
a
majority
vote
of
the
commission,
shall
be
made
in
writing,
16
and
shall
include
findings
of
fact
and
conclusions
relied
upon,
17
and
reasoning
or
rationale
for
the
decision,
separately
stated.
18
The
commission
shall
render
and
serve
its
final
decision
upon
19
the
parties
by
certified
mail
within
thirty
days
of
the
close
20
of
the
record
or
trial
unless
the
parties
consent
to
a
later
21
date
in
writing
or
on
the
record.
The
final
decision
may
be
22
served
upon
an
employee
by
electronic
mail
with
the
consent
of
23
the
employee.
24
2.
a.
The
Except
as
otherwise
provided
in
this
section,
25
the
city
attorney
or
solicitor
shall
be
the
attorney
for
the
26
commission
or
when
requested
by
the
commission
shall
present
27
matters
concerning
civil
service
employees
to
the
commission,
28
except
the
commission
may
hire
a
counselor
or
an
attorney
29
on
a
per
diem
basis
to
represent
it
when
in
the
opinion
of
30
the
commission
there
is
a
conflict
of
interest
between
the
31
commission
and
the
city
council.
The
counselor
or
attorney
32
hired
by
the
commission
shall
not
be
the
city
attorney
or
33
solicitor.
The
city
shall
pay
the
costs
incurred
by
the
34
commission
in
employing
an
attorney
under
this
section
.
35
-5-
LSB
1178YC
(2)
91
ll/js
5/
8
H.F.
_____
b.
Upon
the
filing
of
a
notice
of
appeal
pursuant
to
section
1
400.21,
a
city
attorney,
assistant
city
attorney,
or
solicitor
2
who
represents
or
has
represented
the
commission
shall
not
3
represent
the
city
or
its
officers
or
employees
in
an
appeal
4
pending
before
the
commission
unless
the
employee
waives
the
5
conflict
of
interest
in
writing
or
on
the
record.
If
the
6
commission
is
required
to
hire
a
counselor
or
attorney
that
7
is
not
a
city
attorney,
assistant
city
attorney,
or
solicitor
8
as
provided
in
this
subsection,
the
city
shall
pay
the
costs
9
incurred
by
the
commission
in
employing
a
counselor
or
attorney
10
under
this
section,
and
the
commission
shall
independently
seek
11
and
retain
such
an
attorney.
12
c.
A
counselor
or
attorney
who
represents
the
commission
13
in
an
appeal
before
the
commission
shall
be
fair
and
impartial
14
toward
the
parties.
The
counselor
or
attorney
representing
the
15
commission
may
provide
advice
and
counsel
to
the
commission
16
on
matters
before
it
and
assist
the
commission
with
its
17
proceedings
and
trial
as
may
be
necessary
or
requested.
18
3.
The
city
or
any
civil
service
employee
shall
have
a
19
right
to
appeal
to
the
district
court
from
the
final
ruling
or
20
decision
of
the
civil
service
commission.
The
appeal
shall
be
21
taken
within
thirty
days
from
the
filing
service
of
the
formal
22
decision
of
the
commission.
The
district
court
of
the
county
23
in
which
the
city
is
located
shall
have
full
jurisdiction
24
of
the
appeal.
The
scope
of
review
for
the
appeal
shall
be
25
limited
to
a
trial
de
novo
appellate
review
without
a
trial
or
26
additional
evidence
.
27
Sec.
10.
Section
400.27,
Code
2025,
is
amended
by
adding
the
28
following
new
subsections:
29
NEW
SUBSECTION
.
2A.
The
commission
shall
provide
for
the
30
production
of
evidence
and
exchange
of
exhibits
in
advance
of
31
trial.
The
city
shall
mark
its
exhibits
with
numbers.
The
32
employee
shall
mark
its
exhibits
with
letters.
33
NEW
SUBSECTION
.
6.
In
addition
to
any
other
remedies
and
34
relief,
upon
application,
the
district
court
may
award
an
35
-6-
LSB
1178YC
(2)
91
ll/js
6/
8
H.F.
_____
employee
who
substantially
prevails
reasonable
attorney
fees,
1
expert
fees,
and
costs
and
expenses.
The
city
civil
service
2
employee
shall
bear
the
burden
to
prove
that
the
employee
3
substantially
prevailed
in
the
judgment.
4
Sec.
11.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
5
immediate
importance,
takes
effect
upon
enactment.
6
EXPLANATION
7
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
8
the
explanation’s
substance
by
the
members
of
the
general
assembly.
9
This
bill
relates
to
city
civil
service.
10
The
bill
prohibits
a
city
with
a
civil
service
commission
11
established
under
Code
chapter
400
from
adopting,
enforcing,
or
12
otherwise
administering
an
ordinance,
motion,
resolution,
or
13
amendment,
or
using
any
other
means,
to
establish
a
board
or
14
other
entity
for
the
purpose
of
citizen
review
of
the
conduct
15
of
police
officers.
16
The
bill
strikes
language
authorizing
a
city
council
17
to
establish,
by
ordinance,
the
number
of
civil
service
18
commissioners
at
not
less
than
three
in
a
city
having
a
19
population
of
more
than
70,000.
The
bill
requires
a
city
20
council
in
a
city
having
a
population
of
more
than
50,000
21
to
establish,
by
ordinance,
the
number
of
civil
service
22
commissioners
at
not
less
than
five
and
not
more
than
seven.
23
The
bill
modifies
standards
and
procedures
for
the
removal,
24
discharge,
demotion,
or
suspension
of
a
city
civil
service
25
employee.
The
bill
modifies
standards
and
procedures
for
26
appeals
of
such
actions
to
a
city
civil
service
commission,
27
including
procedures
and
standards
for
hearings
on
such
appeals
28
and
procedures
applicable
before
such
hearings
are
held.
The
29
bill
also
modifies
standards
and
procedures
for
appeal
of
such
30
decisions
by
a
city
civil
service
commission
to
the
district
31
court,
including
modifying
the
applicable
scope
of
review
and
32
providing
for
reasonable
attorney
fees,
expert
fees,
and
costs
33
and
expenses
to
be
awarded
to
a
city
civil
service
employee
who
34
substantially
prevails
in
such
an
appeal.
35
-7-
LSB
1178YC
(2)
91
ll/js
7/
8
