Relating to disciplinary proceedings under civil service

This bill relates to procedures governing the removal, discharge, demotion, or suspension of a person holding civil service rights as provided by Code chapter 400.18, governing the initial disciplinary action concerning a person holding civil service rights, is amended to provide that the person shall not be disciplined unless the removal authority establishes by a preponderance of the evidence that the person violated clearly established law or city policies. Current law does not establish a burden of proof and allows disciplinary action for violation of standard operating procedures that indicates the person is unfit to remain in employment. 19, relating to disciplinary action of a subordinate, is amended to strike the ability to take disciplinary action for violation of standard operating procedures that indicates the person is unfit to remain in employment.26, concerning trials of appeals of disciplinary action to the civil service commission, is amended to provide that the deliberations of the commission shall be in closed session upon request of the affected employee.27, governing the jurisdiction of the civil service commission, is amended to provide that the commission shall reverse the disciplinary action with prejudice if the city fails to meet its burden of proof as to each element of the charge against the employee. The bill also provides that a decision to remove an employee from employment shall be by unanimous vote. The bill also establishes factors the commission shall consider in determining whether, if the employee committed the alleged violation, the disciplinary action was unreasonable or unjust. The bill also provides that in appeals before the commission, the commission shall hire an attorney or counsel, at the city’s expense, who is not the city attorney to represent the commission unless the employee allows the representation in writing or on the record before the commission. The bill further provides that district court review of a decision by the commission shall be by a trial de novo and that the district court may award attorney fees, expert fees, and expenses to a prevailing employee.