Bill Text: IA SF2223 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to disciplinary proceedings under civil service.(See SF 2278.)
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-02-15 - Committee report approving bill, renumbered as SF 2278. S.J. 294. [SF2223 Detail]
Download: Iowa-2021-SF2223-Introduced.html
Senate
File
2223
-
Introduced
SENATE
FILE
2223
BY
COURNOYER
A
BILL
FOR
An
Act
relating
to
disciplinary
proceedings
under
civil
1
service.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5664XS
(4)
89
ec/rn
S.F.
2223
Section
1.
Section
400.18,
subsections
1
and
3,
Code
2022,
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
the
employee
that
is
established
upon
a
7
preponderance
of
the
evidence
to
be
in
contravention
violation
8
of
clearly
established
law
,
or
city
policies
,
or
standard
9
operating
procedures,
or
that
in
the
judgment
of
the
person
10
having
the
appointing
power
as
provided
in
this
chapter
,
11
or
the
chief
of
police
or
chief
of
the
fire
department,
is
12
sufficient
to
show
that
the
employee
is
unsuitable
or
unfit
for
13
employment
.
14
3.
The
city
shall
have
the
burden
to
prove
that
the
15
act
or
failure
to
act
by
the
employee
was
in
contravention
16
violation
of
clearly
established
law
,
or
city
policies
,
or
17
standard
operating
procedures,
or
is
sufficient
to
show
that
18
the
employee
is
unsuitable
or
unfit
for
employment
to
include
19
establishing
each
element
of
the
charge
made
under
section
20
400.22
by
a
preponderance
of
the
evidence
.
The
city
shall
21
have
the
burden
to
prove
that
the
punishment
imposed
upon
the
22
employee
is
reasonable
and
just
under
the
totality
of
the
23
circumstances.
24
Sec.
2.
Section
400.19,
Code
2022,
is
amended
to
read
as
25
follows:
26
400.19
Removal,
discharge,
demotion,
or
suspension
of
27
subordinates.
28
The
person
having
the
appointing
power
as
provided
in
29
this
chapter
,
or
the
chief
of
police
or
chief
of
the
fire
30
department,
may,
upon
presentation
of
reasonable
and
just
31
grounds
for
such
action
to
the
subordinate
in
writing,
32
peremptorily
remove,
discharge,
demote,
or
suspend
a
33
subordinate
then
under
the
person’s
or
chief’s
direction
due
34
to
any
proven
act
or
failure
to
act
by
the
employee
that
is
in
35
-1-
LSB
5664XS
(4)
89
ec/rn
1/
5
S.F.
2223
contravention
violation
of
clearly
established
law
,
or
city
1
policies
,
or
standard
operating
procedures,
or
that
in
the
2
judgment
of
the
person
or
chief
is
sufficient
to
show
that
3
continued
employment
of
the
employee
is
unsuitable
or
unfit
for
4
employment
imminently
detrimental
to
the
public
.
5
Sec.
3.
Section
400.26,
Code
2022,
is
amended
to
read
as
6
follows:
7
400.26
Public
trial.
8
The
trial
of
all
appeals
shall
be
public,
and
the
parties
9
may
be
represented
by
counsel
or
by
the
parties’
authorized
10
collective
bargaining
representative.
However,
upon
the
11
request
of
the
employee,
the
deliberations
of
the
commission
12
shall
be
held
in
closed
session.
13
Sec.
4.
Section
400.27,
subsections
1,
2,
and
3,
Code
2022,
14
are
amended
to
read
as
follows:
15
1.
a.
The
civil
service
commission
has
jurisdiction
to
hear
16
and
determine
matters
involving
the
rights
of
civil
service
17
employees
under
this
chapter
,
and
may
affirm,
modify,
or
18
reverse
any
case
on
its
merits.
19
b.
The
commission
shall
reverse
the
decision
and
dismiss
the
20
charge
with
prejudice
if
the
city
fails
to
meet
its
burden
of
21
proof
as
to
any
element
of
the
charge.
22
c.
If
the
commission
determines
that
the
city
proved
the
23
employee
committed
the
charge,
the
commission
shall
determine
24
whether
the
removal,
discharge,
demotion,
or
suspension
of
the
25
employee
was
unreasonable
or
unjust
based
upon
the
totality
26
of
the
circumstances.
For
the
purposes
of
this
subsection,
27
the
commission
shall
consider
factors,
including
the
nature
of
28
the
conduct
at
issue,
the
proportionality
of
the
punishment
29
to
the
conduct
at
issue,
the
employee’s
work
history,
whether
30
the
employee’s
compliance
with
the
policy
was
objectively
31
unreasonable
in
the
circumstances,
the
employee’s
defenses
or
32
justifications,
any
mitigating
factors,
and
whether
the
city,
33
its
employees,
or
the
appointing
authority
acted
in
accordance
34
with
the
law,
city
policies,
or
standard
operating
procedures.
35
-2-
LSB
5664XS
(4)
89
ec/rn
2/
5
S.F.
2223
The
commission
shall
only
consider
and
impose
discipline
upon
1
the
employee
for
charges
proven
by
the
city.
2
d.
The
final
decision
of
the
commission
shall
be
based
3
upon
a
majority
vote
of
the
commission,
except
that
removals
4
shall
be
upon
a
unanimous
vote,
made
in
writing
and
shall
5
include
findings
of
fact
and
conclusions
of
law
relied
upon,
6
and
reasoning
or
rationale
for
the
decision,
separately
stated.
7
The
commission
shall
render
and
serve
its
final
decision
upon
8
the
parties
within
thirty
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
2.
a.
The
Except
as
otherwise
provided
in
this
section,
12
the
city
attorney
or
solicitor
shall
be
the
attorney
for
the
13
commission
or
when
requested
by
the
commission
shall
present
14
matters
concerning
civil
service
employees
to
the
commission,
15
except
the
commission
may
hire
a
counselor
or
an
attorney
16
on
a
per
diem
basis
to
represent
it
when
in
the
opinion
of
17
the
commission
there
is
a
conflict
of
interest
between
the
18
commission
and
the
city
council.
The
counselor
or
attorney
19
hired
by
the
commission
shall
not
be
the
city
attorney
or
20
solicitor.
The
city
shall
pay
the
costs
incurred
by
the
21
commission
in
employing
an
attorney
under
this
section
.
22
b.
Upon
the
filing
of
a
notice
of
appeal
pursuant
to
section
23
400.21,
a
city
attorney,
assistant
city
attorney,
or
solicitor
24
who
represents
or
has
represented
the
commission
shall
not
25
represent
the
city
or
its
officers
or
employees
in
an
appeal
26
pending
before
the
commission
unless
the
employee
waives
the
27
conflict
of
interest
in
writing
or
on
the
record
and
the
28
commission
approves
the
representation.
If
the
commission
is
29
required
to
hire
a
counselor
or
attorney
that
is
not
a
city
30
attorney,
assistant
city
attorney,
or
solicitor
as
provided
in
31
this
subsection,
the
city
shall
pay
the
costs
incurred
by
the
32
commission
in
employing
an
attorney
or
counselor
under
this
33
section.
34
3.
The
city
or
any
civil
service
employee
shall
have
a
35
-3-
LSB
5664XS
(4)
89
ec/rn
3/
5
S.F.
2223
right
to
appeal
to
the
district
court
from
the
final
ruling
or
1
decision
of
the
civil
service
commission.
The
appeal
shall
be
2
taken
within
thirty
days
from
the
filing
of
the
formal
decision
3
of
the
commission.
The
district
court
of
the
county
in
which
4
the
city
is
located
shall
have
full
jurisdiction
of
the
appeal.
5
The
scope
of
review
for
the
appeal
shall
be
limited
to
a
6
trial
de
novo
appellate
review
without
a
trial
or
additional
7
evidence
.
8
Sec.
5.
Section
400.27,
Code
2022,
is
amended
by
adding
the
9
following
new
subsection:
10
NEW
SUBSECTION
.
6.
In
addition
to
any
other
remedies
and
11
relief
provided
by
law,
upon
request,
the
district
court
may
12
award
a
prevailing
employee
reasonable
attorney
fees,
expert
13
fees,
and
expenses.
14
EXPLANATION
15
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
16
the
explanation’s
substance
by
the
members
of
the
general
assembly.
17
This
bill
relates
to
procedures
governing
the
removal,
18
discharge,
demotion,
or
suspension
of
a
person
holding
civil
19
service
rights
as
provided
by
Code
chapter
400.
20
Code
section
400.18,
governing
the
initial
disciplinary
21
action
concerning
a
person
holding
civil
service
rights,
is
22
amended
to
provide
that
the
person
shall
not
be
disciplined
23
unless
the
removal
authority
establishes
by
a
preponderance
of
24
the
evidence
that
the
person
violated
clearly
established
law
25
or
city
policies.
Current
law
does
not
establish
a
burden
of
26
proof
and
allows
disciplinary
action
for
violation
of
standard
27
operating
procedures
that
indicates
the
person
is
unfit
to
28
remain
in
employment.
29
Code
section
400.19,
relating
to
disciplinary
action
30
of
a
subordinate,
is
amended
to
strike
the
ability
to
take
31
disciplinary
action
for
violation
of
standard
operating
32
procedures
that
indicates
the
person
is
unfit
to
remain
in
33
employment.
34
Code
section
400.26,
concerning
trials
of
appeals
of
35
-4-
LSB
5664XS
(4)
89
ec/rn
4/
5
S.F.
2223
disciplinary
action
to
the
civil
service
commission,
is
amended
1
to
provide
that
the
deliberations
of
the
commission
shall
be
in
2
closed
session
upon
request
of
the
affected
employee.
3
Code
section
400.27,
governing
the
jurisdiction
of
the
civil
4
service
commission,
is
amended
to
provide
that
the
commission
5
shall
reverse
the
disciplinary
action
with
prejudice
if
the
6
city
fails
to
meet
its
burden
of
proof
as
to
each
element
7
of
the
charge
against
the
employee.
The
bill
also
provides
8
that
a
decision
to
remove
an
employee
from
employment
shall
9
be
by
unanimous
vote.
The
bill
also
establishes
factors
the
10
commission
shall
consider
in
determining
whether,
if
the
11
employee
committed
the
alleged
violation,
the
disciplinary
12
action
was
unreasonable
or
unjust.
The
bill
also
provides
that
13
in
appeals
before
the
commission,
the
commission
shall
hire
14
an
attorney
or
counsel,
at
the
city’s
expense,
who
is
not
the
15
city
attorney
to
represent
the
commission
unless
the
employee
16
allows
the
representation
in
writing
or
on
the
record
before
17
the
commission.
The
bill
further
provides
that
district
court
18
review
of
a
decision
by
the
commission
shall
be
by
a
trial
19
de
novo
and
that
the
district
court
may
award
attorney
fees,
20
expert
fees,
and
expenses
to
a
prevailing
employee.
21
-5-
LSB
5664XS
(4)
89
ec/rn
5/
5