SF 311 — A bill for an act relating to city civil service employees and related procedures and including effective date provisions.

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ertryfheeae lrkfheoue STATECAPITOL DESMOI39 1.1511 FA575327 WWW.GOVERNOR.IOWA.GOV _.:•7Ilü• muum • .iIÎIIIP••"IIIIIIIIIIIII11Ilri1-*%-, • S;liil 1 1 I 1 1PIlSI I "I !I I 1 1 !l l! ASSF,N1BLY '111I 1 I❑1!I l111 I I!liI 11"!I llI EI1 I il611 IGGI!P Senate File 311 AN ACT RELATING TO CITY CIVIL SERVICE EMPLOYEES AND RELATED PROCEDURES AND INCLUDING EFFECTIVE DATE PROVISIONS.

Section 11. .

Section 364.3, Code 2025, iis s amended by adding the following new subsection:

NEW SUBSECTION.SUBSECTION .

A city with a civil service commission established under chapter 400 shall not adopt, enforce, or otherwise administer an ordinance, motion, resolution, oor r amendment, or use any other means, to establish a board or other entity for the purpose of citizen review of the conduct of officers as defined under section 80F.1, subsection 11, , paragraph "f“f”. - .

22. .

Section 400.1, subsection 11, , Code 2025, iis s amended to read as follows:

In cities having a population of eight thousand or over and having a paid fire department oor r a paid police department, the mayor, one year after a regular city election, with the approval of the council, shall appoint three civil service commissioners.

Commissioners shall hold office, one until the first Monday iin n April of the second year, one until the first Monday iin n April of the third year, and one until the first Monday iin n April of the fourth year after such appointment, whose successors shall be appointed for a term Senate File 311, p.

In cities having a population of more than ocvcntyseventy fifty thousand, the city council may shall establish, by ordinance, the number of civil service commissioners at not less than three five but not more than seven.

Section 400.12A, subsection 33, , Code 2025, is amended by adding the following new paragraph:

NEW PARAGRAPH.PARAGRAPH .

This section shall not be construed to change the maximum number of persons on the hiring list referenced in section 400.11, subsection 1, paragraph -a-,“a”, for a position to be filled to be greater than forty.

Section 400.18, subsections 1 and 33, , Code 2025, are amended to read as follows:

A person holding civil service rights as provided in this chapter shall fnot e- only be removed, discharged, demoted, or suspended arbitrarily, but may be removed, di3charged,discharged, demoted, or suspended due to any act or failure to act by with just cause and upon a finding by a preponderance of the evidence that an act or failure to act by the employee that is in contravention violation of law, city policies, or Standardstandard operating procedures, or that in the judgment of the person having the appointing power aoas provided in thi3this chapter, or the chief of police or chief of the fire department, is sufficient to ohowshow that the employee is unsuitable or unfit for employment rules, or that the employee is physically or mentally unfit as determined under guidelines established pursuant to section 400.8A.

The city shall have the burden to prove that the act or failure to act by the employee was in contravention violation of law, city policies, or otandardstandard operating procedures, or is surzz-ci-e-i₹t—9rre—thatsufficient to show that the —ei₹pl-B-y-e-eemployee i9is unsuitable eror unf-Tunfit ffor employment department rules not in conflict with any collective bargaining agreement or law.law .

3 section 400.27, subsection 1, paragraph -b-.“b”.

The person having the appointing power as provided in this chapter, or the chief of police or chief of the fire department, may, upon presentation of reasonable and just grounds for such action to the subordinate in writing, peremptorily remove, discharge, demote, or suspend a subordinate then under the person'sperson’s or chief'schief’s direction due to any act or failure to act by the employee that is in contravention violation of law, city policies, or otandardstandard operating procedures, or that in the judgment of the person or chief department rules, and is oufficicntsufficient deemed reasonably anticipated to be detrimental to ohowshow that the employee 13is unsuitable or unfit for employment public.

6.

Within ten days after such specifications are filed, the commission shall fix the time for a hearing,hearing , which shall be not less than five nor more than twenty days thereafter, and the place for hearing the appeal and.and .

8.

4 400.24 Oaths ——— books and papers ——— procedures.procedures .

The subpoenas shall be signed by the chairperson of the commission or mayor, as the case may be, or by an attorney representing a party before the commission.commission .

Those employees who are defined as an "officer“officer” - under section 80F.1, subsection 11, , paragraph -f-,“f”, shall have the right to request documents, records, and any other evidence in the possession of the appointing authority relevant to the determination of cause and proportionality of discipline not otherwise in violation of chapter 80F.

The trial of all appeals shall be public, and the parties may be represented by counsel or by the parties'parties’ authorized collective bargaining representative.

Section 400.27, subsections 11, , 2, and 3, Code 2025, are amended to read as follows:

For the purposes of this subsection, the commission shall consider factors including the nature of the conduct at issue in the circumstances, the proportionality of the punishment to the conduct at issue, the employee'semployee’s work history, whether the employee reasonably could comply with the policy or rule in the circumstances and whether the employee'semployee’s conduct was objectively reasonable in the circumstances, the employee'semployee’s defenses or justifications, any mitigating or aggravating factors, whether the punishment is reasonably calculated to correct the employee'semployee’s behavior or conduct, if the punishment is necessary to protect the public interest, whether the city, its employees, or the appointing authority acted in accordance with the law, city policies, department rules, or standard operating procedures, or if the policy failed in the circumstances.

The commission shall reverse the city'scity’s decision and dismiss a specific charge with prejudice if the city fails to meet its burden of proof as to that charge.

T#eThe Except as otherwise provided in this section, the city attorney or solicitor shall be the attorney for the commission or when requested by the commission shall present matters concerning civil service employees to the commission, except the commission may hire a counselor or an attorney Senate File 311, p.

The eitycity shall pay the eestscosts ineurredincurred by the oecommission ssien in empleyingemploying an atzerattorney -ney under this esection. ;

The scope of review for the appeal shall be limitcdlimited to a trial de novo appellate revicwreview without a trial or additional cvidcncc.evidence.

NEW SUBSECTION.SUBSECTION .

7 NEW SUBSECTION.SUBSECTION .

In addition to any other remedies and relief, upon application, the district court may award reasonable attorney fees, expert fees, and costs to those employees who are defined as an "officer"“officer” under section 80F.1, subsection 1, paragraph f“f”, -, and only when such employee meets any of the following criteria:

The employee'semployee’s suspension has been reduced by over fifty percent.

The employee'semployee’s demotion was reversed.