Bill Text: IA HSB197 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to disciplinary action under city civil service.
Spectrum: Committee Bill
Status: (Introduced) 2023-02-23 - Subcommittee recommends amendment and passage. Vote Total: 2-1. [HSB197 Detail]
Download: Iowa-2023-HSB197-Introduced.html
House
Study
Bill
197
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
STATE
GOVERNMENT
BILL
BY
CHAIRPERSON
BLOOMINGDALE)
A
BILL
FOR
An
Act
relating
to
disciplinary
action
under
city
civil
1
service.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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1984YC
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je/rn
H.F.
_____
Section
1.
Section
400.18,
subsections
1
and
3,
Code
2023,
1
are
amended
to
read
as
follows:
2
1.
A
person
holding
civil
service
rights
as
provided
in
3
this
chapter
shall
not
be
unreasonably
or
unjustly
removed,
4
discharged,
demoted,
or
suspended
arbitrarily,
but
may
be
5
removed,
discharged,
demoted,
or
suspended
due
to
any
act
or
6
failure
to
act
by
upon
a
finding
by
a
preponderance
of
the
7
evidence
that
the
employee
committed
an
act
or
failure
to
act
8
that
is
in
contravention
violation
of
clearly
established
9
law
,
city
or
reasonable
city
policies
,
or
standard
operating
10
procedures,
or
that
in
the
judgment
of
the
person
having
the
11
appointing
power
as
provided
in
this
chapter
,
or
the
chief
of
12
police
or
chief
of
the
fire
department
,
is
sufficient
to
show
13
that
the
employee
is
unsuitable
or
unfit
for
employment
rules
.
14
3.
The
city
shall
have
the
burden
to
prove
that
the
act
or
15
failure
to
act
by
the
employee
was
in
contravention
violation
16
of
clearly
established
law
,
or
reasonable
city
policies
,
or
17
standard
operating
procedures,
or
is
sufficient
to
show
that
18
the
employee
is
unsuitable
or
unfit
for
employment
department
19
rules
.
For
purposes
of
this
chapter,
the
city
shall
establish
20
each
element
of
the
charges
specified
under
section
400.22
21
by
a
preponderance
of
the
evidence.
The
city
shall
have
the
22
burden
to
prove
that
the
punishment
imposed
upon
the
employee
23
is
proportionate,
reasonable,
and
just
in
the
totality
of
the
24
circumstances.
25
Sec.
2.
Section
400.19,
Code
2023,
is
amended
to
read
as
26
follows:
27
400.19
Removal,
discharge,
demotion,
or
suspension
of
28
subordinates.
29
The
person
having
the
appointing
power
as
provided
in
30
this
chapter
,
or
the
chief
of
police
or
chief
of
the
fire
31
department,
may,
upon
presentation
of
reasonable
and
just
32
grounds
for
such
action
to
the
subordinate
in
writing,
33
peremptorily
remove,
discharge,
demote,
or
suspend
a
34
subordinate
then
under
the
person’s
or
chief’s
direction
due
35
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_____
to
any
proven
act
or
failure
to
act
by
the
employee
that
is
1
in
contravention
violation
of
clearly
established
law
,
or
2
city
policies
,
or
standard
operating
procedures,
or
that
in
3
the
judgment
of
the
person
or
chief
is
sufficient
immediately
4
detrimental
to
show
that
the
employee
is
unsuitable
or
unfit
5
for
employment
public
.
6
Sec.
3.
NEW
SECTION
.
400.22A
Exculpatory
evidence.
7
A
person
shall
not
knowingly
withhold
exculpatory
evidence
8
from
an
employee
subject
to
a
written
specification
of
charges
9
filed
under
section
400.22.
10
Sec.
4.
Section
400.24,
Code
2023,
is
amended
to
read
as
11
follows:
12
400.24
Oaths
——
books
and
papers.
13
The
presiding
officer
of
the
commission
or
the
council,
as
14
the
case
may
be,
shall
have
power
to
administer
oaths
in
the
15
same
manner
and
with
like
effect
and
under
the
same
penalties
16
as
in
the
case
of
magistrates
exercising
criminal
or
civil
17
jurisdiction.
The
council
or
commission
shall
cause
subpoenas
18
to
be
issued
for
such
witnesses
and
the
production
of
such
19
books
and
papers
as
either
party
may
designate.
The
subpoenas
20
shall
be
signed
by
the
chairperson
of
the
commission
or
mayor,
21
as
the
case
may
be
,
or
by
an
attorney
representing
a
party
22
before
the
commission
.
23
Sec.
5.
Section
400.26,
Code
2023,
is
amended
to
read
as
24
follows:
25
400.26
Public
trial.
26
The
trial
of
all
appeals
shall
be
public,
and
the
parties
27
may
be
represented
by
counsel
or
by
the
parties’
authorized
28
collective
bargaining
representative.
However,
upon
the
29
request
of
the
employee,
the
deliberations
of
the
commission
30
shall
be
held
in
closed
session.
31
Sec.
6.
Section
400.27,
subsections
1,
2,
and
3,
Code
2023,
32
are
amended
to
read
as
follows:
33
1.
a.
The
civil
service
commission
has
jurisdiction
to
hear
34
and
determine
matters
involving
the
rights
of
civil
service
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employees
under
this
chapter
,
and
may
affirm,
modify,
or
1
reverse
any
case
on
its
merits.
2
b.
If
the
commission
determines
that
the
city
proved
the
3
employee
committed
the
charge
as
specified,
the
commission
4
shall
determine
whether
the
removal,
discharge,
demotion,
5
or
suspension
of
the
employee
was
unreasonable
or
unjust
6
based
upon
the
totality
of
the
circumstances.
For
the
7
purposes
of
this
subsection,
the
commission
shall
consider
8
factors
including
the
nature
of
the
conduct
at
issue
in
the
9
circumstances,
the
proportionality
of
the
punishment
to
the
10
conduct
at
issue,
the
employee’s
work
history,
whether
the
11
employee
reasonably
could
comply
with
the
policy
or
rule
in
12
the
circumstances
and
whether
the
employee’s
conduct
was
13
objectively
reasonable
in
the
circumstances,
the
employee’s
14
defenses
or
justifications,
any
mitigating
or
aggravating
15
factors,
whether
the
punishment
is
reasonably
calculated
to
16
correct
the
employee’s
behavior
or
conduct
or
if
the
punishment
17
is
necessary
to
protect
the
public
interest,
and
whether
the
18
city,
its
employees,
or
the
appointing
authority
acted
in
19
accordance
with
the
law,
city
policies,
department
rules,
or
20
standard
operating
procedures.
The
commission
shall
only
21
consider,
order,
or
impose
discipline
upon
the
employee
for
22
charges
proven
by
the
city.
23
c.
The
commission
shall
reverse
the
city’s
decision
and
24
dismiss
a
charge
with
prejudice
if
the
city
fails
to
meet
its
25
burden
of
proof
as
to
any
element
of
the
charge.
26
d.
The
final
decision
of
the
commission
shall
be
based
upon
27
a
majority
vote
of
the
commission,
except
that
removals
shall
28
be
upon
a
unanimous
vote,
made
in
writing
and
shall
include
29
findings
of
fact
and
conclusions
relied
upon,
and
reasoning
or
30
rationale
for
the
decision,
separately
stated.
The
commission
31
shall
render
and
serve
its
final
decision
upon
the
parties
32
within
thirty
days
of
the
close
of
the
record
or
trial
unless
33
the
parties
consent
to
a
later
date
in
writing
or
on
the
34
record.
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2.
a.
The
Except
as
otherwise
provided
in
this
section,
1
the
city
attorney
or
solicitor
shall
be
the
attorney
for
the
2
commission
or
when
requested
by
the
commission
shall
present
3
matters
concerning
civil
service
employees
to
the
commission,
4
except
the
commission
may
hire
a
counselor
or
an
attorney
5
on
a
per
diem
basis
to
represent
it
when
in
the
opinion
of
6
the
commission
there
is
a
conflict
of
interest
between
the
7
commission
and
the
city
council.
The
counselor
or
attorney
8
hired
by
the
commission
shall
not
be
the
city
attorney
or
9
solicitor.
The
city
shall
pay
the
costs
incurred
by
the
10
commission
in
employing
an
attorney
under
this
section
.
11
b.
Upon
the
filing
of
a
notice
of
appeal
pursuant
to
12
section
400.21,
a
city
attorney,
assistant
city
attorney,
or
13
solicitor
who
represents
or
has
represented
the
commission
14
shall
not
represent
the
city
or
its
officers
or
employees
in
15
an
appeal
pending
before
the
commission
unless
the
employee
16
waives
the
conflict
of
interest
in
writing
or
on
the
record.
17
If
the
commission
is
required
to
hire
a
counselor
or
attorney
18
that
is
not
a
city
attorney,
assistant
city
attorney,
or
19
solicitor
as
provided
in
this
subsection,
the
city
shall
pay
20
the
costs
incurred
by
the
commission
in
employing
an
attorney
21
or
counselor
under
this
section.
22
c.
An
attorney
or
counselor
who
represents
the
commission
23
in
an
appeal
before
the
commission
shall
be
fair
and
impartial
24
toward
the
parties.
The
attorney
representing
the
commission
25
may
provide
advice
and
counsel
to
the
commission
on
matters
26
before
it
and
assist
the
commission
with
its
proceedings
and
27
trial
as
may
be
necessary
or
requested.
28
3.
The
city
or
any
civil
service
employee
shall
have
a
29
right
to
appeal
to
the
district
court
from
the
final
ruling
or
30
decision
of
the
civil
service
commission.
The
appeal
shall
be
31
taken
within
thirty
days
from
the
filing
service
of
the
formal
32
decision
of
the
commission.
The
district
court
of
the
county
33
in
which
the
city
is
located
shall
have
full
jurisdiction
34
of
the
appeal.
The
scope
of
review
for
the
appeal
shall
be
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limited
to
a
trial
de
novo
appellate
review
without
a
trial
or
1
additional
evidence
.
2
Sec.
7.
Section
400.27,
Code
2023,
is
amended
by
adding
the
3
following
new
subsections:
4
NEW
SUBSECTION
.
2A.
The
commission
shall
provide
for
the
5
production
of
evidence
and
exchange
of
exhibits
in
advance
of
6
trial.
The
city
shall
mark
its
exhibits
with
numbers.
The
7
employee
shall
mark
its
exhibits
with
letters.
8
NEW
SUBSECTION
.
6.
In
addition
to
any
other
remedies
9
and
relief,
upon
application,
the
district
court
may
award
a
10
prevailing
employee
reasonable
attorney
fees,
expert
fees,
and
11
costs
and
expenses.
12
EXPLANATION
13
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
14
the
explanation’s
substance
by
the
members
of
the
general
assembly.
15
This
bill
relates
to
procedures
governing
disciplinary
16
action
taken
against
a
city
employee
holding
civil
service
17
rights
as
provided
by
Code
chapter
400.
18
The
bill
strikes
language
providing
that
an
employee
holding
19
civil
service
rights
shall
not
be
subject
to
disciplinary
20
action
arbitrarily,
but
may
be
subject
to
disciplinary
action
21
due
to
any
act
or
failure
to
act
by
the
employee
that
is
in
22
contravention
of
law,
city
policies,
or
standard
operating
23
procedures,
or
that
in
the
judgment
of
the
person
imposing
24
disciplinary
action,
is
sufficient
to
show
that
the
employee
25
is
unsuitable
or
unfit
for
employment.
The
bill
instead
26
provides
that
an
employee
holding
civil
service
rights
shall
27
not
be
unreasonably
or
unjustly
subject
to
disciplinary
action,
28
but
may
be
subject
to
disciplinary
action
upon
a
finding
by
29
a
preponderance
of
the
evidence
that
the
employee
committed
30
an
act
or
failure
to
act
that
is
in
violation
of
clearly
31
established
law
or
reasonable
city
policies
or
department
32
rules.
33
The
bill
strikes
language
allowing
an
appointing
authority
34
to
peremptorily
impose
disciplinary
action
on
a
subordinate,
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upon
presentation
of
grounds
for
such
action
to
the
1
subordinate,
due
to
any
act
or
failure
to
act
by
the
employee
2
that
is
in
contravention
of
law,
city
policies,
or
standard
3
operating
procedures,
or
that
in
the
judgment
of
the
authority
4
is
sufficient
to
show
that
the
employee
is
unsuitable
or
5
unfit
for
employment.
The
bill
instead
allows
an
appointing
6
authority
to
peremptorily
impose
disciplinary
action
on
a
7
subordinate,
upon
presentation
of
reasonable
and
just
grounds
8
for
such
action
to
the
subordinate,
due
to
any
proven
act
or
9
failure
to
act
by
the
employee
that
is
in
violation
of
clearly
10
established
law
or
city
policies
or
is
immediately
detrimental
11
to
the
public.
12
The
bill
includes
various
changes
relating
to
appeals
of
13
decisions
regarding
disciplinary
action
to
city
civil
service
14
commissions.
When
an
employee
is
charged
with
a
violation,
the
15
bill
provides
that
the
city
shall
establish
each
element
of
the
16
charges
by
a
preponderance
of
the
evidence
and
shall
have
the
17
burden
to
prove
that
the
punishment
imposed
upon
the
employee
18
is
proportionate,
reasonable,
and
just
in
the
totality
of
the
19
circumstances.
The
bill
prohibits
a
person
from
knowingly
20
withholding
exculpatory
evidence
from
an
employee
so
charged.
21
The
bill
permits
an
attorney
representing
a
party
in
such
an
22
appeal
to
sign
a
subpoena.
The
bill
authorizes
the
commission
23
to
deliberate
in
closed
session
upon
request
of
the
employee.
24
The
bill
requires
the
commission
to
provide
for
the
production
25
of
evidence
and
exchange
of
exhibits
in
advance
of
trial.
26
If
the
city
civil
commission
determines
that
the
city
proved
27
the
employee
committed
the
charge
as
specified,
the
bill
28
requires
the
commission
to
determine
whether
the
disciplinary
29
action
was
unreasonable
or
unjust
based
upon
the
totality
of
30
the
circumstances
based
on
factors
including
those
specified
31
in
the
bill.
The
bill
provides
that
the
commission
shall
32
only
consider,
order,
or
impose
discipline
upon
the
employee
33
for
charges
proven
by
the
city.
The
bill
provides
that
the
34
commission
shall
reverse
the
city’s
decision
and
dismiss
a
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charge
with
prejudice
if
the
city
fails
to
meet
its
burden
1
of
proof
as
to
any
element
of
the
charge.
The
bill
provides
2
that
the
final
decision
of
the
commission
shall
be
based
upon
3
a
majority
vote
of
the
commission,
except
that
removals
shall
4
be
upon
a
unanimous
vote,
made
in
writing
and
shall
include
5
findings
of
fact
and
conclusions
relied
upon,
and
reasoning
6
or
rationale
for
the
decision,
separately
stated.
The
bill
7
requires
the
commission
to
render
and
serve
its
final
decision
8
upon
the
parties
within
30
days
of
the
close
of
the
record
or
9
trial
unless
the
parties
consent
to
a
later
date
in
writing
or
10
on
the
record.
11
The
bill
provides
procedures
for
counsel
representing
the
12
city
in
an
appeal
to
a
city
civil
services
commission.
13
The
bill
strikes
language
providing
that
the
scope
of
review
14
for
an
appeal
of
the
decision
of
the
city
civil
service
to
15
district
court
shall
be
limited
to
de
novo
appellate
review
16
without
a
trial
or
additional
evidence.
The
bill
instead
17
provides
that
the
scope
of
review
shall
be
a
trial
de
novo.
18
The
bill
provides
that
in
addition
to
any
other
remedies
and
19
relief,
upon
application,
the
district
court
may
award
a
20
prevailing
employee
reasonable
attorney
fees,
expert
fees,
and
21
costs
and
expenses.
22
-7-
LSB
1984YC
(2)
90
je/rn
7/
7