Fiscal Note
Fiscal Services Division
SF 457 – Civil Service (LSB1984SV)
Staff Contact: Eric Richardson (515.281.6767) eric.richardson@legis.iowa.gov
Fiscal Note Version – New
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.
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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.
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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
/s/ Jennifer Acton
March 20, 2023
Doc ID 1370295
The fiscal note for this Bill was prepared pursuant to Joint Rule 17 and the Iowa Code. Data used in developing this
fiscal note is available from the Fiscal Services Division of the Legislative Services Agency upon request.
www.legis.iowa.gov
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Statutes affected:
Introduced: 400.1, 400.24, 400.26, 400.27