Senate File 311 - Introduced SENATE FILE 311 BY COMMITTEE ON LOCAL GOVERNMENT (SUCCESSOR TO SSB 1010) 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 1178SV (2) 91 ll/js
S.F. 311 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 35 -1- LSB 1178SV (2) 91 ll/js 1/ 8
S.F. 311 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 persons or chiefs 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 35 -2- LSB 1178SV (2) 91 ll/js 2/ 8
S.F. 311 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 35 -3- LSB 1178SV (2) 91 ll/js 3/ 8
S.F. 311 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 35 -4- LSB 1178SV (2) 91 ll/js 4/ 8
S.F. 311 proportionality of the punishment to the conduct at issue, 1 the employees work history, whether the employee reasonably 2 could comply with the policy or rule in the circumstances and 3 whether the employees conduct was objectively reasonable in 4 the circumstances, the employees defenses or justifications, 5 any mitigating or aggravating factors, whether the punishment 6 is reasonably calculated to correct the employees 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 citys 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 35 -5- LSB 1178SV (2) 91 ll/js 5/ 8
S.F. 311 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 35 -6- LSB 1178SV (2) 91 ll/js 6/ 8
S.F. 311 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 employees suspension has been reduced by over fifty 10 percent. 11 c. The employees 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 explanations 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 by the bill. 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 -7- LSB 1178SV (2) 91 ll/js 7/ 8
S.F. 311 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 a city civil service employee who 7 substantially prevails in such an appeal. 8 The bill takes effect upon enactment. 9 -8- LSB 1178SV (2) 91 ll/js 8/ 8