General Assembly: 77 (1997 Regular GA) - Chapter 162 - City civil service


Published: 1997

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CH.162 LAWS OF THE SEVENlY-SEVENTHG.A., 1997 SESSION

CHAPTER 162 CITY CML SERVICE

H.F.456

AN ACT relating to city civil service and providing an effective date.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 400.1, Code 1997, is amended to read as follows: 400.1 APPOINTMENT OF COMMISSION.

342

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 each regular municipal election, with the approval of the council, shall appoint three civil service commissioners who shall hold office, one until the first Monday in April of the second year, one until the first Monday in April of the fetIFtft third year, and one until the first Monday in April of the sHHft fourth year after such appointment, whose successors shall be appointed for a term of sHt four years. In cities having a population of more than one hundred thousand, the city council may estab- lish, by ordinance, the number of civil service commissioners at not less than three.

For the purpose of determining the population of a city under this SeeBaB chapter, the federal census conducted in 1980 shall be used. TIHs PllIllgI'apft is ";aid effeea,.re July I, 2QQ I.

Sec. 2. Section 400.4, unnumbered paragraph 1, Code 1997, is amended to read as fol- lows:

The commission shall elect a chairperson from among its members. In cities having a population of more than seventy-five thousand, the commission shall appoint a clerk of the commission. In all other cities the city clerk or a designee of the city clerk shall be clerk of the commission. If an employee is appointed clerk of the commission who is employed in a civil service status at the time of appointment as clerk of the commission, the appointee shall retain the civil service rights held before the appointment. However, this section does not grant civil service status or rights to the employee in the capacity of clerk of the commission nor extend any civil service right upon which the appointee may retain the position of clerk of the commission.

Sec. 3. Section 400.6, subsection 2, Code 1997, is amended to read as follows: 2. The city clerk, chief deputy city clerk, city attorneys, city treasurer, city assessor, city

auditor, professional city eBgineer engineers licensed in this state, and city health officer.

Sec. 4. Section 400.7, subsection 3, unnumbered paragraph 1, Code 1997, is amended to read as follows:

An employee who has not completed the required probationary period but who otherwise meets the reEiairemeBts af su.bSeeBaB 1 ar 2 minimum qualifications established for the position or who passes a qualifying noncompetitive examination for the position shall receive full civil service rights in the position upon the completion of the probationary period.

Sec. 5. Section 400.9, subsection 3, Code 1997, is amended to read as follows: 3. Vacancies in civil service promotional grades shall be filled by lateral transfer, volun-

tary demotion, or promotion of employees of the city to the extent that the city employees qualify for the positions. When laterally transferred, voluntarily demoted, or promoted, an employee shall hold full civil service rights in the position. If an employee of the city does not pass aBe af twa su.eeessive the promotional eemiBatiaBs examination and otherwise qualify for a vacated position, or if an employee of the city does not apply for a vacated position, an entrance examination may be used to fill the vacancy.

Sec. 6. Section 400.11, unnumbered paragraphs 1 and 2, Code 1997, are amended to read as follows:

343 LAWS OF THE SEVENlY-SEVENTH G.A., 1997 SESSION CH.162

The commission, within ftiftety one hundred eighty days after the beginning of each competitive examination for original appointment eF feF pFemetieB, shall certify to the city council a list of the names of the-teB furty persons. or a lesser number as determined by the commission. who qualify with the highest standing as a result of each examination for the position they seek to fill, or the number which have qualified if less than ten furty, in the order of their standing, and all newly created offices or other vacancies in positions under civil service which occur before the beginning of the next examination for the positions shall be filled from the lists, or from the preferred list existing as provided for in case of diminution of employees, within thirty days. If a tie occurs in the examination scores which would qualify persons for the teftth last position on the list, the list of the names of the persons who qualify with the highest standing as a result of each examination shall include all persons who qualify for the teftth last position. Preference for temporary service in civil service positions shall be given those on the lists. However, the commission may certify a list of names eligible for appointment subject to successfully completing a medical exami- nation. The medical examination shall be provided pursuant to commission rules adopted under section 400.8.

The commission may hold in reserve, for original appointments aBd feF pFemetieBs, additional lists of ten..fm:ty persons~ each next highest in standing, in order of their grade, or such number as may qualify if less than ten furty. If the list of ten up to forty persons provided in the first paragraph is exhausted within one year, the commission may certify such additional lists of ten!!.J.I to forty persons each, in order of their standing, to the council as eligible for appointment to fill such vacancies as may exist. Hewe¥eF, feF erigiBal ap peiBtmeBts eBly, Be meFe thaB feHF lists et teB peFSeBs eaeh shall he eeFtified feF eaeh eBe yeaF penad at eligihility.

Sec. 7. Section 400.11, unnumbered paragraph 3, Code 1997, is amended by striking the paragraph and inserting in lieu thereof the following:

The commission, within ninety days after the beginning of each competitive examination for promotion, shall certify to the city council a list of names of the ten persons who qualify with the highest standing as a result of each examination for the position the persons seek to fill, or the number which have qualified if less than ten, in the order of their standing and all newly created offices or other vacancies in positions under civil service which occur before the beginning of the next examination for the positions shall be filled from the lists, or from the preferred list existing as provided for in the case of diminution of employees, within thirty days. If a tie occurs in the examination scores which would qualify persons for the tenth position on the list, the list of names of the persons who qualify with the highest standing as a result of each examination shall include all persons who qualify for the tenth position.

Sec. 8. Section 400.15, unnumbered paragraph 3, Code 1997, is amended to read as follows:

All such appointments or promotions shall promptly be reported to the clerk of the com- mission by the appointing officer. An appointing authority may transfer an employee, other than police officers and fire fighters, vAth the empleyee's eeBseBt JffltheHt eeeFeieB, from one department to the same civil service classification in another department, and such employee shall retain the same civil service status.

Sec. 9. EFFECTNE DATE AND TRANSITION PROVISIONS. Section 1 of this Acttakes effect January 1, 1998. All city civil service commissioners serving unexpired terms of office on January 1, 1998, may continue to serve their unexpired terms of office until April 6, 1998, when their terms of office shall expire. Their successors shall be appointed or reappointed by the mayor with approval of the city council to initial terms of office as provided in section 1 of this Act and thereafter to four-year terms.

Approved May 19,1997