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| 1 | + | Senate File 311 - Reprinted SENATE FILE 311 BY COMMITTEE ON LOCAL GOVERNMENT (SUCCESSOR TO SSB 1010) (As Amended and Passed by the Senate March 17, 2025 ) 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 SF 311 (3) 91 ll/js/mb | |
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| 3 | + | 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 400.12A, subsection 3, Code 2025, is amended 27 by adding the following new paragraph: 28 NEW PARAGRAPH . c. This section shall not be construed 29 to change the maximum number of persons on the hiring list 30 referenced in section 400.11, subsection 1, paragraph a , for a 31 position to be filled to be greater than forty. 32 Sec. 4. Section 400.18, subsections 1 and 3, Code 2025, are 33 amended to read as follows: 34 1. A person holding civil service rights as provided in 35 -1- SF 311 (3) 91 ll/js/mb 1/ 7 | |
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| 5 | + | S.F. 311 this chapter shall not only be removed, discharged, demoted, 1 or suspended arbitrarily, but may be removed, discharged, 2 demoted, or suspended due to any act or failure to act by 3 with just cause and upon a finding by a preponderance of the 4 evidence that an act or failure to act by the employee that is 5 in contravention violation of law, city policies, or standard 6 operating procedures, or that in the judgment of the person 7 having the appointing power as provided in this chapter , or the 8 chief of police or chief of the fire department, is sufficient 9 to show that the employee is unsuitable or unfit for employment 10 rules, or that the employee is physically or mentally unfit as 11 determined under guidelines established pursuant to section 12 400.8A . This subsection shall not be construed to modify the 13 rights, requirements, or procedures provided in section 400.8A 14 or other rights, requirements, or procedures provided by law. 15 3. The city shall have the burden to prove that the act or 16 failure to act by the employee was in contravention violation 17 of law, city policies, or standard operating procedures, or is 18 sufficient to show that the employee is unsuitable or unfit for 19 employment department rules not in conflict with any collective 20 bargaining agreement or law . For purposes of this chapter, 21 the city shall establish each element of the charges specified 22 under section 400.22 by a preponderance of the evidence. The 23 city shall have the burden to prove that the punishment imposed 24 upon the employee is proportionate, reasonable, and just in the 25 totality of the circumstances under the factors provided in 26 section 400.27, subsection 1, paragraph b . 27 Sec. 5. Section 400.19, Code 2025, is amended to read as 28 follows: 29 400.19 Removal Peremptory removal , discharge, demotion, or 30 suspension of subordinates. 31 The person having the appointing power as provided in 32 this chapter , or the chief of police or chief of the fire 33 department, may, upon presentation of reasonable and just 34 grounds for such action to the subordinate in writing, 35 -2- SF 311 (3) 91 ll/js/mb 2/ 7 | |
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| 7 | + | S.F. 311 peremptorily remove, discharge, demote, or suspend a 1 subordinate then under the persons or chiefs direction 2 due to any act or failure to act by the employee that is in 3 contravention violation of law, city policies, or standard 4 operating procedures, or that in the judgment of the person or 5 chief department rules, and is sufficient deemed reasonably 6 anticipated to be detrimental to show that the employee is 7 unsuitable or unfit for employment public . This section 8 shall not be construed to modify the rights, requirements, 9 or procedures provided in section 400.8A or other rights, 10 requirements, or procedures provided by law. 11 Sec. 6. NEW SECTION . 400.22A Exculpatory evidence. 12 A person shall not knowingly withhold exculpatory evidence 13 from an employee subject to a written specification of charges 14 filed under section 400.22. 15 Sec. 7. Section 400.23, Code 2025, is amended to read as 16 follows: 17 400.23 Time and place of hearing. 18 Within ten days after such specifications are filed, the 19 commission shall fix the time for a hearing , which shall be not 20 less than five nor more than twenty days thereafter, and the 21 place for hearing the appeal and . The commission shall notify 22 the parties in writing of the time and place so fixed, and the 23 notice shall contain a copy of the specifications so filed. 24 Hearings under this section shall be held during normal city 25 business hours unless otherwise agreed to by the parties and 26 the commission. The commission in its discretion may grant a 27 continuance or stay of a hearing upon request. 28 Sec. 8. Section 400.24, Code 2025, is amended to read as 29 follows: 30 400.24 Oaths books and papers procedures . 31 1. The presiding officer of the commission or the council, 32 as the case may be, shall have power to administer oaths in the 33 same manner and with like effect and under the same penalties 34 as in the case of magistrates exercising criminal or civil 35 -3- SF 311 (3) 91 ll/js/mb 3/ 7 | |
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| 9 | + | S.F. 311 jurisdiction. 1 2. The council or commission shall cause subpoenas to be 2 issued for such witnesses and the production of such books and 3 papers as either party may designate. Issuance of subpoenas 4 shall be consistent with the Iowa rules of civil procedure. 5 The subpoenas shall be signed by the chairperson of the 6 commission or mayor, as the case may be , or by an attorney 7 representing a party before the commission . The council or 8 commission shall provide a copy of each subpoena to both 9 parties upon issuance. A party, or an attorney representing 10 a party, shall provide copies of any material produced in 11 response to a subpoena to the opposing party upon receipt of 12 such material. 13 3. Those employees who are defined as an officer under 14 section 80F.1, subsection 1, paragraph f , shall have the 15 right to request documents, records, and any other evidence 16 in the possession of the appointing authority relevant to the 17 determination of cause and proportionality of discipline not 18 otherwise in violation of chapter 80F. 19 Sec. 9. Section 400.26, Code 2025, is amended to read as 20 follows: 21 400.26 Public trial. 22 The trial of all appeals shall be public, and the parties 23 may be represented by counsel or by the parties authorized 24 collective bargaining representative. However, upon the 25 request of the employee, the deliberations of the commission 26 in a city with a population of less than two hundred thousand 27 shall be held in closed session. 28 Sec. 10. Section 400.27, subsections 1, 2, and 3, Code 2025, 29 are amended to read as follows: 30 1. a. The civil service commission has jurisdiction to hear 31 and determine matters involving the rights of civil service 32 employees under this chapter , and may affirm, modify, or 33 reverse any case on its merits. 34 b. If the commission determines that the city proved the 35 -4- SF 311 (3) 91 ll/js/mb 4/ 7 | |
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| 11 | + | S.F. 311 employee committed the charge as specified, the commission 1 shall determine whether the removal, discharge, demotion, or 2 suspension of the employee was with just cause based upon 3 the totality of the circumstances. For the purposes of this 4 subsection, the commission shall consider factors including 5 the nature of the conduct at issue in the circumstances, the 6 proportionality of the punishment to the conduct at issue, 7 the employees work history, whether the employee reasonably 8 could comply with the policy or rule in the circumstances and 9 whether the employees conduct was objectively reasonable in 10 the circumstances, the employees defenses or justifications, 11 any mitigating or aggravating factors, whether the punishment 12 is reasonably calculated to correct the employees behavior or 13 conduct, if the punishment is necessary to protect the public 14 interest, whether the city, its employees, or the appointing 15 authority acted in accordance with the law, city policies, 16 department rules, or standard operating procedures, or if the 17 policy failed in the circumstances. The commission shall only 18 consider, order, or impose discipline upon the employee for 19 charges proven by the city. 20 c. The commission shall reverse the citys decision and 21 dismiss a specific charge with prejudice if the city fails to 22 meet its burden of proof as to that charge. 23 d. The final decision of the commission shall be based upon 24 a majority vote of the commission, shall be made in writing, 25 and shall include findings of fact and conclusions relied upon, 26 and reasoning or rationale for the decision, separately stated. 27 The commission shall render and serve its final decision upon 28 the parties by certified mail within thirty days of the close 29 of the record or trial unless the parties consent to a later 30 date in writing or on the record. The final decision may be 31 served upon an employee by electronic mail with the consent of 32 the employee. 33 2. a. The Except as otherwise provided in this section, 34 the city attorney or solicitor shall be the attorney for the 35 -5- SF 311 (3) 91 ll/js/mb 5/ 7 | |
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| 13 | - | Senate File 311, p. 7 NEW SUBSECTION . 6. In addition to any other remedies and relief, upon application, the district court may award reasonable attorney fees, expert fees, and costs to those employees who are defined as an officer under section 80F.1, subsection 1, paragraph f , and only when such employee meets any of the following criteria: a. The employee is fully reinstated from a termination without discipline imposed. b. The employees suspension has been reduced by over fifty percent. c. The employees demotion was reversed. Sec. 12. EFFECTIVE DATE. This Act takes effect August 16, 2025. ______________________________ AMY SINCLAIR President of the Senate ______________________________ PAT GRASSLEY Speaker of the House I hereby certify that this bill originated in the Senate and is known as Senate File 311, Ninety-first General Assembly. ______________________________ W. CHARLES SMITHSON Secretary of the Senate Approved _______________, 2025 ______________________________ KIM REYNOLDS Governor | |
| 13 | + | S.F. 311 commission or when requested by the commission shall present 1 matters concerning civil service employees to the commission, 2 except the commission may hire a counselor or an attorney 3 on a per diem basis to represent it when in the opinion of 4 the commission there is a conflict of interest between the 5 commission and the city council. The counselor or attorney 6 hired by the commission shall not be the city attorney or 7 solicitor. The city shall pay the costs incurred by the 8 commission in employing an attorney under this section . 9 b. Upon the filing of a notice of appeal pursuant to section 10 400.21, a city attorney, assistant city attorney, or solicitor 11 who represents or has represented the commission shall not 12 represent the city or its officers or employees in an appeal 13 pending before the commission unless the employee waives the 14 conflict of interest in writing or on the record. If the 15 commission is required to hire a counselor or attorney that 16 is not a city attorney, assistant city attorney, or solicitor 17 as provided in this subsection, the city shall pay the costs 18 incurred by the commission in employing a counselor or attorney 19 under this section, and the commission shall independently seek 20 and retain such an attorney. 21 c. A counselor or attorney who represents the commission 22 in an appeal before the commission shall be fair and impartial 23 toward the parties. The counselor or attorney representing the 24 commission may provide advice and counsel to the commission 25 on matters before it and assist the commission with its 26 proceedings and trial as may be necessary or requested. 27 3. The city or any civil service employee shall have a 28 right to appeal to the district court from the final ruling or 29 decision of the civil service commission. The appeal shall be 30 taken within thirty days from the filing service of the formal 31 decision of the commission. The district court of the county 32 in which the city is located shall have full jurisdiction 33 of the appeal. The scope of review for the appeal shall be 34 limited to a trial de novo appellate review without a trial or 35 -6- SF 311 (3) 91 ll/js/mb 6/ 7 | |
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| 15 | + | S.F. 311 additional evidence . 1 Sec. 11. Section 400.27, Code 2025, is amended by adding the 2 following new subsections: 3 NEW SUBSECTION . 2A. The commission shall provide for the 4 production of evidence and exchange of exhibits in advance of 5 trial. The city shall mark its exhibits with numbers. The 6 employee shall mark its exhibits with letters. 7 NEW SUBSECTION . 6. In addition to any other remedies 8 and relief, upon application, the district court may award 9 reasonable attorney fees, expert fees, and costs to those 10 employees who are defined as an officer under section 80F.1, 11 subsection 1, paragraph f , and only when such employee meets 12 any of the following criteria: 13 a. The employee is fully reinstated from a termination 14 without discipline imposed. 15 b. The employees suspension has been reduced by over fifty 16 percent. 17 c. The employees demotion was reversed. 18 Sec. 12. EFFECTIVE DATE. This Act takes effect August 16, 19 2025. 20 -7- SF 311 (3) 91 ll/js/mb 7/ 7 |