Senate Study Bill 1010 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON LOCAL GOVERNMENT BILL BY CHAIRPERSON WEBSTER) 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 1178XC (4) 91 ll/js
S.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 1178XC (4) 91 ll/js 1/ 8
S.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 persons or chiefs 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 1178XC (4) 91 ll/js 2/ 8
S.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 1178XC (4) 91 ll/js 3/ 8
S.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 employees work history, whether the employee reasonably 34 could comply with the policy or rule in the circumstances and 35 -4- LSB 1178XC (4) 91 ll/js 4/ 8
S.F. _____ whether the employees conduct was objectively reasonable in 1 the circumstances, the employees defenses or justifications, 2 any mitigating or aggravating factors, whether the punishment 3 is reasonably calculated to correct the employees 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 citys 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 1178XC (4) 91 ll/js 5/ 8
S.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 1178XC (4) 91 ll/js 6/ 8
S.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 explanations 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 1178XC (4) 91 ll/js 7/ 8
S.F. _____ The bill takes effect upon enactment. 1 -8- LSB 1178XC (4) 91 ll/js 8/ 8