US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

Home » US Law » 2022 Iowa Code » Title IX - LOCAL GOVERNMENT » Chapter 400 - CIVIL SERVICE

Section 400.1 – Appointment of commission.

400.1 Appointment of commission. 1. In cities having a population of eight thousand or over and having a paid fire department or 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. The mayor shall publish notice of the names […]

Section 400.10 – Veterans preferences.

400.10 Veterans preferences. 1. In all examinations and appointments under this chapter, other than promotions and appointments of chief of the police department and chief of the fire department, veterans who are citizens and residents of the United States, shall have five percentage points added to the veteran’s grade or score attained in qualifying examinations […]

Section 400.11 – Names certified — temporary appointment.

400.11 Names certified — temporary appointment. 1. a. The commission, within one hundred eighty days after the beginning of each competitive examination for original appointment, shall certify to the city council a list of the names of forty persons, or a lesser number as determined by the commission, who qualify with the highest standing as […]

Section 400.12 – Seniority — extinguishment — reestablishment.

400.12 Seniority — extinguishment — reestablishment. 1. For the purpose of determining the seniority rights of civil service employees, seniority shall be computed, beginning with the date of appointment to or employment in any positions for which they were certified or otherwise qualified and established as provided in this chapter, but shall not include any […]

Section 400.13 – Chief of police and chief of fire department.

400.13 Chief of police and chief of fire department. 1. The chief of the fire department and the chief of the police department shall be appointed from the chiefs’ civil service eligible lists. Such lists shall be determined by original examination open to all persons applying, whether or not members of the employing city. The […]

Section 400.14 – Civil service status of chiefs.

400.14 Civil service status of chiefs. A police officer under civil service may be appointed chief of police and a fire fighter under civil service may be appointed chief of the fire department without losing civil service status, and shall retain, while holding the office of chief, the same civil service rights that the officer […]

Section 400.15 – Appointing powers.

400.15 Appointing powers. 1. All appointments or promotions to positions within the scope of this chapter other than those of chief of police and chief of fire department shall be made: a. In cities under the commission form of government, by the superintendents of the respective departments, with the approval of the city council. b. […]

Section 400.16 – Qualifications.

400.16 Qualifications. All appointive officers and employees of cities shall be selected with reference to their qualifications and fitness and for the good of the public service, and without reference to their political faith or party allegiance. [SS15, §1056-a32; C24, 27, 31, 35, 39, §5700; C46, 50, 54, 58, 62, 66, 71, 73, §365.16; C75, […]

Section 400.17 – Employees under civil service — qualifications.

400.17 Employees under civil service — qualifications. 1. Except as otherwise provided in section 400.7, a person shall not be appointed, promoted, or employed in any capacity, including a new classification, in the fire or police department, or any department which is governed by the civil service, until the person has passed a civil service […]

Section 400.18 – Removal, discharge, demotion, or suspension.

400.18 Removal, discharge, demotion, or suspension. 1. A person holding civil service rights as provided in this chapter shall not be removed, discharged, demoted, or suspended arbitrarily, but may be removed, discharged, demoted, or suspended due to any act or failure to act by the employee that is in contravention of law, city policies, or […]

Section 400.19 – Removal, discharge, demotion, or suspension of subordinates.

400.19 Removal, discharge, demotion, or suspension of subordinates. 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 grounds for such action to the subordinate in writing, peremptorily remove, discharge, demote, or suspend a subordinate then under the person’s […]

Section 400.2 – Qualifications — prohibited contracts — penalty.

400.2 Qualifications — prohibited contracts — penalty. 1. The commissioners must be citizens of Iowa, eligible electors as defined in chapter 39, and residents of the city preceding their appointment, and shall serve without compensation. A person, while on the commission, shall not hold or be a candidate for any office of public trust. However, […]

Section 400.20 – Appeal.

400.20 Appeal. The removal, discharge, demotion, or suspension of a person holding civil service rights may be appealed to the civil service commission within fourteen calendar days after the removal, discharge, demotion, or suspension. [SS15, §1056-a32; C24, 27, 31, 35, 39, §5704; C46, 50, 54, 58, 62, 66, 71, 73, §365.20; C75, 77, 79, 81, […]

Section 400.21 – Notice of appeal.

400.21 Notice of appeal. If the appeal be taken by the person removed, discharged, demoted, or suspended, notice of the appeal, signed by the appellant and specifying the ruling appealed from, shall be filed with the clerk of the commission. If the appeal is taken by the person making such removal, discharge, demotion, or suspension, […]

Section 400.22 – Charges.

400.22 Charges. Within fourteen calendar days from the service of the notice of appeal, the person or body making the ruling appealed from shall file with the body to which the appeal is taken a written specification of the charges and grounds upon which the ruling was based. If the charges are not filed, the […]

Section 400.23 – Time and place of hearing.

400.23 Time and place of hearing. Within ten days after such specifications are filed, the commission shall fix the time, which shall be not less than five nor more than twenty days thereafter, and place for hearing the appeal and shall notify the parties in writing of the time and place so fixed, and the […]

Section 400.24 – Oaths — books and papers.

400.24 Oaths — books and papers. The presiding officer of the commission or the council, as the case may be, shall have power to administer oaths in the same manner and with like effect and under the same penalties as in the case of magistrates exercising criminal or civil jurisdiction. The council or commission shall […]

Section 400.25 – Contempt.

400.25 Contempt. In case a witness is duly subpoenaed and refuses to attend, or in case a witness appears and refuses to testify or to produce required books or papers, the official body hearing the appeal shall, in writing, report such refusal to the district court of the county, and said court shall proceed with […]

Section 400.26 – Public trial.

400.26 Public trial. The trial of all appeals shall be public, and the parties may be represented by counsel or by the parties’ authorized collective bargaining representative. [SS15, §1056-a32; C24, 27, 31, 35, 39, §5710; C46, 50, 54, 58, 62, 66, 71, 73, §365.26; C75, 77, 79, 81, §400.26] 2009 Acts, ch 111, §7

Section 400.27 – Jurisdiction — attorney — appeal.

400.27 Jurisdiction — attorney — appeal. 1. The civil service commission has jurisdiction to hear and determine matters involving the rights of civil service employees under this chapter, and may affirm, modify, or reverse any case on its merits. 2. The city attorney or solicitor shall be the attorney for the commission or when requested […]