Bill Text: IA SF2330 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to civil service hiring processes.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2024-02-19 - Subcommittee: Rowley, Donahue, and Guth. [SF2330 Detail]
Download: Iowa-2023-SF2330-Introduced.html
Senate
File
2330
-
Introduced
SENATE
FILE
2330
BY
WESTRICH
A
BILL
FOR
An
Act
relating
to
civil
service
hiring
processes.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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Section
1.
Section
400.8,
subsections
1
and
3,
Code
2024,
1
are
amended
to
read
as
follows:
2
1.
The
commission,
when
necessary
under
the
rules,
3
including
minimum
and
maximum
age
limits,
which
shall
be
4
prescribed
and
published
in
advance
by
the
commission
and
5
posted
in
the
city
hall,
shall
hold
examinations
for
the
6
purpose
of
determining
the
qualifications
of
applicants
for
7
police
officer
and
fire
fighter
positions
under
civil
service,
8
other
than
promotions
,
which
examinations
shall
be
practical
9
in
character
and
shall
relate
to
matters
which
that
will
10
fairly
test
the
mental
and
physical
ability
of
the
applicant
11
to
discharge
the
duties
of
the
position
to
which
the
applicant
12
seeks
appointment.
The
physical
examination
of
applicants
13
for
appointment
to
the
positions
of
police
officer,
police
14
matron,
or
fire
fighter
shall
be
held
in
accordance
with
15
medical
protocols
established
by
the
board
of
trustees
of
the
16
fire
and
police
retirement
system
established
by
section
411.5
17
and
shall
be
conducted
in
accordance
with
the
directives
of
18
the
board
of
trustees.
However,
the
prohibitions
of
section
19
216.6,
subsection
1
,
paragraph
“d”
,
regarding
tests
for
the
20
presence
of
the
antibody
to
the
human
immunodeficiency
virus
21
shall
not
apply
to
such
examinations.
The
board
of
trustees
22
may
change
the
medical
protocols
at
any
time
the
board
so
23
determines.
In
the
event
of
a
conflict
between
the
medical
24
protocols
established
under
this
section
and
the
minimum
25
entrance
requirements
of
the
Iowa
law
enforcement
academy
26
under
section
80B.11
,
the
medical
protocols
established
under
27
this
section
shall
control.
The
physical
examination
of
an
28
applicant
for
the
position
of
police
officer,
police
matron,
or
29
fire
fighter
shall
be
conducted
after
a
conditional
offer
of
30
employment
has
been
made
to
the
applicant.
An
applicant
shall
31
not
be
discriminated
against
on
the
basis
of
height,
weight,
32
sex,
or
race
in
determining
physical
or
mental
ability
of
the
33
applicant.
Reasonable
rules
relating
to
strength,
agility,
and
34
general
health
of
applicants
shall
be
prescribed.
The
costs
of
35
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the
physical
examination
required
under
this
subsection
shall
1
be
paid
from
the
trust
and
agency
fund
of
the
city.
2
3.
All
appointments
to
such
civil
service
positions
shall
3
be
conditional
upon
a
probation
period
of
not
to
exceed
six
4
months,
and
in
the
case
except
that
the
appointment
of
police
5
dispatchers
and
fire
fighters
shall
be
conditional
upon
a
6
probation
period
not
to
exceed
twelve
months.
In
the
case
7
of
police
patrol
officers,
if
the
employee
has
successfully
8
completed
training
at
the
Iowa
law
enforcement
academy
or
9
another
training
facility
certified
by
the
director
of
the
10
Iowa
law
enforcement
academy
before
the
initial
appointment
11
as
a
police
patrol
officer,
the
probationary
period
shall
be
12
for
a
period
of
up
to
nine
months
and
shall
commence
with
the
13
date
of
initial
appointment
as
a
police
patrol
officer.
If
14
the
employee
has
not
successfully
completed
training
at
the
15
Iowa
law
enforcement
academy
or
another
training
facility
16
certified
by
the
director
of
the
law
enforcement
academy
17
before
initial
appointment
as
a
police
patrol
officer,
the
18
probationary
period
shall
commence
with
the
date
of
initial
19
employment
as
a
police
patrol
officer
and
shall
continue
for
a
20
period
of
up
to
nine
months
following
the
date
of
successful
21
completion
of
training
at
the
Iowa
law
enforcement
academy
22
or
another
training
facility
certified
by
the
director
of
23
the
Iowa
law
enforcement
academy.
A
police
patrol
officer
24
transferring
employment
from
one
jurisdiction
to
another
25
shall
be
employed
subject
to
a
probationary
period
of
up
to
26
nine
months.
However,
in
cities
with
a
population
over
one
27
hundred
seventy-five
thousand,
appointments
to
the
position
28
of
fire
fighter
shall
be
conditional
upon
a
probation
period
29
of
not
to
exceed
twenty-four
months.
During
the
probation
30
period,
the
appointee
may
be
removed
or
discharged
from
such
31
position
by
the
appointing
person
or
body
without
the
right
32
of
appeal
to
the
commission.
A
person
removed
or
discharged
33
during
a
probationary
period
shall,
at
the
time
of
discharge,
34
be
given
a
notice
in
writing
stating
the
reason
or
reasons
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for
the
dismissal.
A
copy
of
such
notice
shall
be
promptly
1
filed
with
the
commission.
Continuance
in
the
position
after
2
the
expiration
of
such
probationary
period
shall
constitute
a
3
permanent
appointment.
4
Sec.
2.
Section
400.9,
subsections
1
and
3,
Code
2024,
are
5
amended
to
read
as
follows:
6
1.
The
commission
shall,
at
such
times
as
shall
be
found
7
necessary,
under
such
rules
as
shall
be
prescribed
and
8
published
in
advance
by
the
commission,
and
posted
in
the
9
city
hall,
hold
competitive
promotional
examinations
for
the
10
purpose
of
determining
the
qualifications
of
police
officer
11
and
fire
fighter
applicants
for
promotion
to
a
higher
grade
12
under
civil
service,
which
examinations
shall
be
practical
in
13
character,
and
shall
relate
to
such
matters
as
will
fairly
test
14
the
ability
of
the
applicant
to
discharge
the
duties
of
the
15
position
to
which
the
applicant
seeks
promotion.
16
3.
a.
Vacancies
Except
as
provided
in
paragraph
“b”
,
17
vacancies
in
civil
service
promotional
grades
shall
be
filled
18
by
lateral
transfer,
voluntary
demotion,
or
promotion
of
19
employees
of
the
city
to
the
extent
that
the
city
employees
20
qualify
for
the
positions.
When
laterally
transferred,
21
voluntarily
demoted,
or
promoted,
an
employee
shall
hold
full
22
civil
service
rights
in
the
position.
If
an
employee
of
the
23
city
does
not
pass
the
promotional
examination
and
otherwise
24
qualify
for
a
vacated
position,
or
if
an
employee
of
the
city
25
does
not
apply
for
a
vacated
position,
an
entrance
examination
26
may
be
used
to
fill
the
vacancy
the
city
may
fill
the
position
27
with
an
initial
appointment
.
28
b.
Vacancies
in
promotional
grades
for
police
officer
and
29
fire
fighter
positions
shall
be
filled
by
lateral
transfer,
30
voluntary
demotion,
or
promotion
of
employees
of
the
city
to
31
the
extent
that
the
city
employees
qualify
for
the
positions.
32
When
laterally
transferred,
voluntarily
demoted,
or
promoted,
33
an
employee
shall
hold
full
civil
service
rights
in
the
34
position.
If
an
employee
of
the
city
does
not
pass
the
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applicable
promotional
examination
and
otherwise
qualify
for
a
1
vacated
position,
or
if
an
employee
of
the
city
does
not
apply
2
for
a
vacated
position,
an
entrance
examination
may
be
used
to
3
fill
the
vacancy.
4
Sec.
3.
Section
400.9,
subsection
4,
unnumbered
paragraph
5
1,
Code
2024,
is
amended
to
read
as
follows:
6
If
there
is
a
certified
list
of
qualified
candidates
for
a
7
police
officer
or
fire
fighter
promotional
appointment,
the
8
following
procedures
shall
be
followed:
9
Sec.
4.
Section
400.9,
subsection
5,
paragraph
b,
Code
2024,
10
is
amended
to
read
as
follows:
11
b.
All
civil
service
employees
police
officers
and
fire
12
fighters
of
a
city
who
meet
the
minimum
qualifications
for
a
13
classification
shall
have
the
right
to
compete
in
the
civil
14
service
examination
process
to
establish
a
certified
list
of
15
qualified
candidates.
16
Sec.
5.
Section
400.11,
Code
2024,
is
amended
to
read
as
17
follows:
18
400.11
Names
certified
——
temporary
appointment.
19
1.
a.
The
commission,
within
one
hundred
eighty
days
after
20
the
beginning
of
each
competitive
examination
for
original
21
appointment
of
a
police
officer
or
fire
fighter
,
shall
certify
22
to
the
city
council
a
list
of
the
names
of
forty
persons,
or
23
a
lesser
number
as
determined
by
the
commission,
who
qualify
24
with
the
highest
standing
as
a
result
of
each
examination
for
25
the
position
they
seek
to
fill,
or
the
number
which
that
have
26
qualified
if
less
than
forty,
in
the
order
of
their
standing,
27
and
all
newly
created
police
officer
or
fire
fighter
offices
28
or
other
vacancies
in
vacant
police
officer
and
fire
fighter
29
positions
under
civil
service
which
that
occur
before
the
30
beginning
of
the
next
examination
for
the
positions
shall
be
31
filled
from
the
lists,
or
from
the
preferred
list
existing
if
32
provided
for
in
case
of
diminution
of
employees,
within
thirty
33
days.
If
a
tie
occurs
in
the
examination
scores
which
that
34
would
qualify
persons
for
the
last
position
on
the
list,
the
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list
of
the
names
of
the
persons
who
qualify
with
the
highest
1
standing
as
a
result
of
each
examination
shall
include
all
2
persons
who
qualify
for
the
last
position.
Preference
for
3
temporary
service
in
civil
service
positions
shall
be
given
4
those
on
the
lists.
However,
the
commission
may
certify
a
5
list
of
names
eligible
for
appointment
subject
to
successfully
6
completing
a
medical
examination.
The
medical
examination
7
shall
be
provided
pursuant
to
commission
rules
adopted
under
8
section
400.8
.
9
b.
The
commission
may
hold
in
reserve,
for
original
10
appointments,
additional
lists
of
forty
persons,
each
next
11
highest
in
standing,
in
order
of
their
grade,
or
such
number
12
as
may
qualify
if
less
than
forty.
If
the
list
of
up
to
forty
13
persons
provided
in
the
first
paragraph
is
exhausted
within
one
14
year,
the
commission
may
certify
such
additional
lists
of
up
to
15
forty
persons
each,
in
order
of
their
standing,
to
the
council
16
as
eligible
for
appointment
to
fill
such
police
officer
and
17
fire
fighter
vacancies
as
may
exist.
18
2.
a.
The
commission,
within
ninety
days
after
the
19
beginning
of
each
competitive
examination
for
promotion,
20
shall
certify
to
the
city
council
a
list
of
names
of
the
ten
21
persons
who
qualify
with
the
highest
standing
as
a
result
22
of
each
examination
for
the
police
officer
or
fire
fighter
23
position
the
persons
seek
to
fill,
or
the
number
which
that
24
have
qualified
if
less
than
ten,
in
the
order
of
their
standing
25
and
all
newly
created
offices
or
other
vacancies
in
positions
26
under
civil
service
which
that
occur
before
the
beginning
of
27
the
next
examination
for
the
positions
shall
be
filled
from
28
the
lists,
or
from
the
preferred
list
existing
if
provided
for
29
in
the
case
of
diminution
of
employees,
within
thirty
days.
30
If
a
tie
occurs
in
the
examination
scores
which
that
would
31
qualify
persons
for
the
tenth
position
on
the
list,
the
list
32
of
names
of
the
persons
who
qualify
with
the
highest
standing
33
as
a
result
of
each
examination
shall
include
all
persons
who
34
qualify
for
the
tenth
position.
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b.
Except
where
the
preferred
list
exists,
persons
on
the
1
certified
eligible
list
for
promotion
shall
hold
preference
for
2
promotion
for
two
years
following
the
date
of
certification,
3
except
for
certified
eligible
lists
of
fire
fighters
as
4
defined
in
section
411.1,
subsection
10
,
which
lists
shall
hold
5
preference
for
three
years
upon
approval
of
the
commission,
6
after
which
the
lists
shall
be
canceled
and
promotion
to
the
7
grade
shall
not
be
made
until
a
new
list
has
been
certified
8
eligible
for
promotion.
9
3.
When
there
is
no
such
preferred
list
or
certified
10
eligible
list,
or
when
the
eligible
list
shall
be
exhausted,
11
the
person
or
body
having
the
appointing
power
may
temporarily
12
fill
a
newly
created
office
or
other
vacancy
for
a
police
13
officer
or
fire
fighter
only
until
an
examination
can
be
14
held
and
the
names
of
qualified
persons
be
certified
by
the
15
commission,
and
such
temporary
appointments
are
hereby
limited
16
to
ninety
days
for
any
one
person
in
the
same
vacancy,
but
such
17
limitation
shall
not
apply
to
persons
temporarily
acting
in
18
positions
regularly
held
by
another.
A
temporary
appointment
19
to
a
position
regularly
held
by
another
shall,
whenever
20
possible,
be
made
according
to
the
certified
eligible
list.
21
Any
person
temporarily
filling
a
vacancy
in
a
position
of
22
higher
grade
for
twenty
days
or
more,
shall
receive
the
salary
23
paid
in
such
higher
grade.
24
Sec.
6.
Section
400.15,
Code
2024,
is
amended
to
read
as
25
follows:
26
400.15
Appointing
powers.
27
1.
All
appointments
or
promotions
to
police
officer
and
fire
28
fighter
positions
within
the
scope
of
this
chapter
other
than
29
those
of
chief
of
police
and
chief
of
fire
department
shall
be
30
made:
31
a.
In
cities
under
the
commission
form
of
government,
by
32
the
superintendents
of
the
respective
departments,
with
the
33
approval
of
the
city
council.
34
b.
a.
In
cities
under
the
city
manager
plan,
by
the
city
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manager.
1
c.
b.
In
all
other
cities,
with
the
approval
of
the
city
2
council.
3
d.
c.
In
the
police
and
fire
departments,
by
the
chiefs
of
4
the
respective
departments.
5
2.
All
such
appointments
or
promotions
shall
promptly
6
be
reported
to
the
clerk
of
the
commission
by
the
appointing
7
officer.
An
appointing
authority
may
transfer
an
employee,
8
other
than
police
officers
and
fire
fighters,
from
one
9
department
to
the
same
civil
service
classification
in
another
10
department,
and
such
employee
shall
retain
the
same
civil
11
service
status.
12
Sec.
7.
Section
400.17,
subsections
1
and
2,
Code
2024,
are
13
amended
to
read
as
follows:
14
1.
Except
as
otherwise
provided
in
section
400.7
,
a
15
person
shall
not
be
appointed,
promoted,
or
employed
in
16
any
capacity,
including
a
new
classification,
in
the
fire
17
or
police
department
,
or
any
department
which
is
governed
18
by
the
civil
service,
until
the
person
has
passed
a
civil
19
service
examination
as
provided
in
this
chapter
,
and
has
20
been
certified
to
the
city
council
as
being
eligible
for
the
21
appointment.
However,
in
an
emergency
in
which
the
peace
and
22
order
of
the
city
is
threatened
by
reason
of
fire,
flood,
23
storm,
or
mob
violence,
making
additional
protection
of
life
24
and
property
necessary,
the
person
having
the
appointing
25
power
may
deputize
additional
persons,
without
examination,
26
to
act
as
peace
officers
until
the
emergency
has
passed.
A
27
person
may
be
appointed
to
a
position
subject
to
successfully
28
completing
a
civil
service
medical
examination.
A
person
shall
29
not
be
appointed
or
employed
in
any
capacity
in
the
fire
or
30
police
department
if
the
person
is
unable
to
meet
reasonable
31
physical
condition
training
requirements
and
reasonable
level
32
of
experience
requirements
necessary
for
the
performance
of
33
the
position;
if
the
person
is
a
habitual
criminal;
if
the
34
person
is
addicted
to
narcotics
or
alcohol
and
has
not
been
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rehabilitated
for
a
period
of
one
year
or
more,
or
is
not
1
presently
undergoing
treatment;
or
if
the
person
has
attempted
2
a
deception
or
fraud
in
connection
with
a
civil
service
3
examination.
4
2.
Except
as
otherwise
provided
in
this
section
and
section
5
400.7
,
a
person
shall
not
be
appointed
or
employed
in
any
6
capacity
in
any
department
which
that
is
governed
by
civil
7
service
if
the
person
is
unable
to
meet
reasonable
physical
8
condition
training
requirements
and
reasonable
level
of
9
experience
requirements
necessary
for
the
performance
of
the
10
position;
if
the
person
is
addicted
to
narcotics
or
alcohol
11
and
has
not
been
rehabilitated
for
a
period
of
one
year
or
12
more,
or
is
not
presently
undergoing
treatment;
or
if
the
13
person
has
attempted
a
deception
or
fraud
in
connection
with
a
14
civil
service
examination.
Additionally,
a
person
shall
not
15
be
appointed
or
employed
as
a
police
officer
or
fire
fighter
16
if
the
person
is
unable
to
meet
reasonable
physical
condition
17
training
requirements.
18
EXPLANATION
19
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
20
the
explanation’s
substance
by
the
members
of
the
general
assembly.
21
This
bill
relates
to
civil
service
hiring
practices
and
22
examinations.
Current
law
provides
procedures
for
examinations
23
and
hiring
practices
for
open
or
newly
created
civil
service
24
positions.
25
The
bill
provides
that
only
an
open
or
new
police
officer
26
or
fire
fighter
position
may
be
subject
to
an
examination.
27
Current
law
allows
a
civil
service
position
to
utilize
an
28
examination
examining
mental
and
physical
ability
in
the
hiring
29
process.
An
initial
or
promotional
examination
may
only
be
30
utilized
for
the
appointment
or
promotion
of
a
police
officer
31
or
fire
fighter.
32
The
bill
provides
that
a
certified
list
of
each
33
examination’s
highest
standing
applicants
for
police
officer
34
and
fire
fighter
positions
shall
be
given
to
the
city
council.
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The
civil
service
commission
may
hold
more
applicants
in
1
reserve
in
the
case
there
are
no
remaining
eligible
applicants
2
to
fill
open
police
officer
and
fire
fighter
positions.
Only
a
3
police
officer
or
a
fire
fighter
may
be
hired
temporarily
until
4
an
examination
can
be
held
and
the
position
can
be
filled
by
a
5
qualified
applicant.
6
The
bill
requires
all
applicants
for
police
and
fire
7
department
appointments,
promotions,
and
employment
to
be
8
certified
as
eligible
to
the
city
council.
A
person
shall
not
9
be
appointed
as
a
police
officer
or
fire
fighter
if
the
person
10
does
not
meet
physical
training,
experience,
substance
use,
and
11
character
requirements.
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