Bills › 90th General Assembly
Relating to city civil service and including effective date provisions
Sponsored by the Senate Local Government Committee
Topics:Cities & counties
Where it is now
- Done: IntroducedFebruary 8, 2023
- Done: SubcommitteeFebruary 13, 2023
- Done: Senate committeeFebruary 28, 2023
- Skipped: Passes the SenateContinued as SF 2325
- Next: House committee
- Next: Passes the House
- Next: To the Governor
- Next: Signed into law
Became SF 2325 → Its progress continues under the new number. Go to SF 2325 What’s a funnel?
What’s in it
AI summary Cities with more than 50,000 people would be required to have between five and seven civil service commissioners. The rules for disciplining city employees would change so that the city must prove an employee broke a clear rule or law before punishment is given. If an employee appeals a disciplinary decision, the new rules change how the case is reviewed in court and allow for the payment of attorney fees.1
Read the official explanation
This bill relates to procedures governing city civil service under Code chapter 400. The bill strikes language authorizing the city council to establish, by ordinance, the number of civil service commissioners at not less than three in a city having a population of more than 70,000. The bill requires the city council to establish, by ordinance, the number of civil service commissioners at not less than five and not more than seven in a city having a population of more than 50,000. The bill requires the mayor, with the approval of city council, to appoint five civil service commissioners in a city having a population of more than 50,000 and having a paid fire department or a paid police department. The bill strikes language providing that an employee holding civil service rights shall not be subject to disciplinary action arbitrarily, but may be subject to disciplinary action due to any act or failure to act by the employee that is in contravention of law, city policies, or standard operating procedures, or that in the judgment of the person imposing disciplinary action, is sufficient to show that the employee is unsuitable or unfit for employment. The bill instead provides that an employee holding civil service rights shall not be unreasonably or unjustly subject to disciplinary action, but may be subject to disciplinary action upon a finding by a preponderance of the evidence that the employee committed an act or failure to act that is in violation of clearly established law or reasonable city policies or department rules. The bill strikes language allowing an appointing authority to peremptorily impose disciplinary action on a subordinate, upon presentation of grounds for such action to the subordinate, due to any act or failure to act by the employee that is in contravention of law, city policies, or standard operating procedures, or that in the judgment of the authority is sufficient to show that the employee is unsuitable or unfit for employment. The bill instead allows an appointing authority to peremptorily impose disciplinary action on a subordinate, upon presentation of reasonable and just grounds for such action to the subordinate, due to any proven act or failure to act by the employee that is in violation of clearly established law or city policies or is immediately detrimental to the public. The bill includes various changes relating to appeals of decisions regarding disciplinary action to city civil service commissions. When an employee is charged with a violation, the bill provides that the city shall establish each element of the charges by a preponderance of the evidence and shall have the burden to prove that the punishment imposed upon the employee is proportionate, reasonable, and just in the totality of the circumstances. The bill prohibits a person from knowingly withholding exculpatory evidence from an employee so charged. The bill permits an attorney representing a party in such an appeal to sign a subpoena. The bill authorizes the commission to deliberate in closed session upon request of the employee. The bill requires the commission to provide for the production of evidence and exchange of exhibits in advance of trial. If the city civil commission determines that the city proved the employee committed the charge as specified, the bill requires the commission to determine whether the disciplinary action was unreasonable or unjust based upon the totality of the circumstances based on factors including those specified in the bill. The bill provides that the commission shall only consider, order, or impose discipline upon the employee for charges proven by the city. The bill provides that the commission shall reverse the city’s decision and dismiss a charge with prejudice if the city fails to meet its burden of proof as to any element of the charge. The bill provides that the final decision of the commission shall be based upon a majority vote of the commission, shall be made in writing, and shall include findings of fact and conclusions relied upon, and reasoning or rationale for the decision, separately stated. The bill requires the commission to render and serve its final decision upon the parties within days of the close of the record or trial unless the parties consent to a later date in writing or on the record. The bill provides procedures for counsel representing the city in an appeal to a city civil services commission. The bill strikes language providing that the scope of review for an appeal of the decision of the city civil service to district court shall be limited to de novo appellate review without a trial or additional evidence. The bill instead provides that the scope of review shall be a trial de novo. The bill provides that in addition to any other remedies and relief, upon application, the district court may award a prevailing employee reasonable attorney fees, expert fees, and costs and expenses. The bill takes effect upon enactment.
Changed since by amendment S-5038; see Amendments.
Senate subcommittee
Named January 11, 2024. On January 18, 2024 it recommended passage. [].
Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part
Fiscal note
AI summary This bill changes the rules for city civil service commissions and how employee disciplinary actions are handled and appealed. It is estimated to increase stipend costs for cities by a statewide total of $200 annually beginning in fiscal year 2024. The bill is also expected to increase costs for local governments through employee remedies and attorney fees, and it may increase costs for the Judicial Branch due to more trials, though these specific amounts cannot be estimated.3
Read the fiscal note
Requestor: Senator Janice Weiner
Description
Senate File 457 relates to city civil service commissions. The Bill does the following:
- The Bill requires cities with a population of 50,000 or more to have between five and seven commissioners and requires the Mayor, with the approval of the city council, to appoint five commissioners in a city with a population of at least 50,000 and with a paid fire department or a paid police department. Removes language mandating not less than three civil service commissioners for cities with a population of 70,000 or more.
- Provides that an employee with civil service rights may not be unreasonably or unjustly subject to disciplinary action, but may be subject to disciplinary actions due to an act or failure to act by the employee that violates a clearly established law or reasonable city policies or department rules. The Bill strikes language in current law providing that an employee with civil service rights not be disciplined for arbitrary reasons, but is subject to disciplinary actions for a variety of reasons, including when, based on the judgment of the person imposing disciplinary action, the employee is unsuitable or unfit for employment.
- Allows an appointing authority to peremptorily impose disciplinary action on a subordinate, upon presentation of reasonable and just grounds, due to any proven act or failure to act by the employee that is in violation of established law or city policies or is immediately detrimental to the public. Strikes language in current law allowing an appointing authority to immediately impose disciplinary action on a subordinate for a variety of reasons, including when, in the judgment of the authority, the employee is unsuitable or unfit for employment.
- Places the burden of proof for disciplinary action against an employee on the city, prohibits a person from knowingly withholding evidence from an employee charged with a violation, and allows the commission to deliberate in closed session upon request of the employee.
- Provides that the commission only consider, order, or impose discipline upon the employee for charges proven by the city, and provides that the commission reverse any city decision with prejudice if the city fails to meet its burden of proof.
- Requires the commission to base decisions on a majority vote and make any decision in writing, including any reasoning and facts involved, and to make any decision within 30 days of the close of the hearing or trial, with exceptions.
- Strikes language providing that an appeal of the commission’s decision to district court be an appellate review without a trial, and instead provides that the review will be a trial.
- Provides that the district court may award a prevailing employee, in addition to other remedies or relief, reasonable attorney and expert fees and other expenses. The Bill takes effect upon enactment.
Background
Iowa Code chapter 400 details laws around civil service commissions, qualifications for employees under civil service, and appeals for employees under civil service. Civil service provisions apply to full-time police officers and fire fighters and to all full-time employees except certain appointed positions, department heads, and employees funded through temporary revenues. Currently, cities with a population of more than 8,000 in the State and with a paid fire department or paid police department are required to have three civil service commissioners. Cities with a population of 70,000 or above may set, by ordinance, the number of commissioners, with a minimum of three. The following cities have a population of at least 50,000:
- Des Moines
- Cedar Rapids
- Davenport
- Sioux City
- Iowa City
- Ankeny
- West Des Moines
- Ames
- Waterloo
- Council Bluffs
- Dubuque
Assumptions
- The number of civil service commissioners in cities with a population of 50,000 or more will increase by a total of 16 statewide.
- Stipend costs are expected to increase by a statewide total of $200 annually beginning in fiscal year (FY) 2024 due to the new commissioners.
- Due to the Bill allowing new trials and shifting the burden of proof toward cities, the number of district court trials is expected to increase. The number cannot be estimated due to a lack of data.
- The length of each trial is expected to last one day and cost the Judicial Branch approximately $1,500 per day.
- City attorney and other costs for trial are expected to be absorbed within current salaries and revenue streams.
- It is assumed that 20.0% of employees per year statewide, beginning in FY 2024, will win their cases and receive remedies, relief, and attorney fees averaging $10,000 each. The costs are borne by local governments.
Fiscal Impact
The potential fiscal impact of the Bill is illustrated in Figure 1, which shows a range based on the number of annual trials statewide attributed to the Bill.
Figure 1 — Estimated Costs, Senate File 457 The Bill is also expected to increase the costs of training Civil Service Commissioners for local governments in an amount that cannot be determined due to lack of data.
Sources
- Iowa Judicial Branch
- City of West Des Moines
- City of Des Moines
- City of Council Bluffs
- Sioux City
- City of Ankeny
- City of Ames
- Iowa City
- City of Cedar Rapids
- City of Waterloo
- City of Davenport
- City of Dubuque
- Legislative Services Agency
- Civil Service · March 20, 2023
Iowa Code it changes
Creates§400.22A
Lobbying
4 for · 11 against · 14 undecided · Who →
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90th General Assembly
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Earlier and later bills are matched by wording or an identical title.
Similar bills
- HSB 82 Relating to city civil service employees and related procedures and including effective da…91st General Assembly · Renumbered as HF 641Nearly identical
Matched by wording or an identical title.