By attorney Jeffrey Edgar
During the 2025 legislative session, Senate File 311 (“SF 311”) was passed modifying certain provisions and related procedures governing municipal civil service, Iowa Code Chapter 400. Importantly, SF 311 was signed into law by the Governor on May 19, 2025, with an effective date of August 16, 2025.
Iowa Code Chapter 400 establishes hiring and other employment procedures for certain Iowa cities. This Chapter is referred to as the “Civil Service” law. It is not applicable to all cities but only those that met certain citizen population sizes under 1980 census. For those cities that had a population of eight thousand (8,000) or more under the census of 1980, all full-time police officers and firefighters are covered by Chapter 400. For those cities that had a population of fifteen thousand (15,000) or more under the census of 1980, other permanent full-time employees are also covered, with some exceptions for department heads and other administrative employees. SF 311 does not change which cities are required to follow Chapter 400. County Deputy Sheriffs also are entitled to some civil service protections under Iowa Code Chapter 341A.
Below is a summary of changes made to Chapter 400 through SF 311:
Citizen Review Boards Prohibited for Officers
- A new subsection in Iowa Code § 364.3 expressly prohibits cities with civil service commissions from creating or operating citizen review boards to oversee the conduct of officers as defined in Iowa Code § 80F.1(1)(f).
Changes to Civil Service Commission Composition
- In cities with a population of more than 50,000 (previously 70,000), the city council must establish by ordinance a commission with at least five members and no more than seven.
Clarification on Hiring Lists
- The bill clarifies that the maximum number of candidates that can be certified from a hiring list under Iowa Code § 400.11(1)(a) is forty, regardless of any other provisions.
Refined Standards for Disciplinary Action
Significant revisions were made to Iowa Code §§ 400.18 and 400.19, including:
- Cities must establish just cause for the removal, discharge, demotion or suspension of a civil service employee based upon an alleged act or failure to act violated the law, city policies or department rules not in conflict with any collective bargaining or the law. While time will tell whether the incorporation of “just cause” language will have a substantial effect on civil service proceedings, it is markedly different from the current civil service disciplinary standards which provide that a covered employee “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 standard operating procedures, or that in the judgment of the person having the appointing power as provided in this chapter, or the chief of police or chief of the fire department, is sufficient to show that the employee is unsuitable or unfit for employment.” Iowa Code § 400.18. Violations must be proven for each element of charges specified under Iowa Code § 400.22 by a preponderance of the evidence.
- In addition, cities must prove punishments imposed upon the employee are proportionate, reasonable, and just based upon the totality of the circumstances pursuant to the following factors provided Iowa Code § 400.27:
- The nature of the conduct at issue in the circumstances;
- The proportionality of the punishment to the conduct at issue;
- The employee’s work history;
- Whether the employee reasonably could comply with the policy or rule in the circumstances and whether the employee’s conduct was objectively reasonable in the circumstances;
- The employee’s defenses or justifications;
- Any mitigating or aggravating factors;
- Whether the punishment is reasonably calculated to correct the employee’s behavior or conduct;
- If the punishment is necessary to protect the public interest; and
- 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 appointing authority retains discretion to act based on mental or physical unfitness as defined under Iowa Code § 400.8A guidelines.
- Under Iowa Code § 400.19, a civil service employee may be peremptorily removed, discharged, demoted or suspended upon presentation of reasonable and just grounds establishing an employee’s act or failure to act violated law, city policies or department rule and is deemed reasonably anticipated to be detrimental to the public.
New Procedural Protections
- Employees must be provided with exculpatory evidence—Iowa Code § 400.22A prohibits knowingly withholding exculpatory evidence from employees facing charges under Iowa Code § 400.22.
- Officers (as defined under Iowa Code § 80F.1) have the right to request all relevant evidence from the appointing authority relating to cause and proportionality of discipline not otherwise in violation of Chapter 80F.
Enhanced Procedural Requirements for Hearings and Appeals to District Court
- Hearings under Iowa Code § 400.23 must occur during regular city business hours unless otherwise agreed.
- All trials remain public, but deliberations may occur in closed session at the request of the employee (in cities with populations of less than 200,000).
- Subpoenas can be issued consistent with Iowa rules of civil procedure, which permits attorney’s representing parties before the commission to sign and issue them.
- Commissions must allow for pre-trial production and exchange of evidence with standardized exhibit markings (city shall be numbers, employee shall be letters).
Expanded Commission Decision-Making Requirements and Decision Appeals
- Commissions may only impose discipline for charges the city proves—the commission shall reverse the city’s decision and dismiss a specific charge with prejudice if the city fails to meet its burden of proof as to that charge.
- Final decisions must now be based upon a majority vote of the commission. Decisions must be in writing, include separate findings of fact and conclusions along with reasoning or rationale for the decision, and be served by certified mail (or electronic mail with consent of the employee) within 30 days of the close of the hearing record unless extended by consent of the parties.
- Appeals of commission decision to district court must be taken within 30 days of service of the final decision (not just filing).
- The district court of the county in which the city is located shall have full jurisdiction of the appeal and the scope of review shall be a trial de novo (as opposed to appellate review without a trial or additional evidence).
Attorney Representation and Conflict of Interest Provisions
- City attorneys (including assistant city attorneys or solicitors) who represent or have represented the commission cannot represent the city in the same appeal unless waived by the employee.
- If Commissions must hire outside counsel when conflicts arise, it shall independently seek and retain such counsel with costs paid by the city.
- An attorney representing the commission in an appeal shall be fair and impartial toward the parties, may provide advice and counsel to the commission on matters before it and assist the commission with its proceedings and trial as may be necessary.
New Remedies for Officers
Under new Iowa Code § 400.27(6), the district court may award attorneys’ fees, expert fees, and costs to officers (as defined under Iowa Code § 80F.1) in specific scenarios:
- An officer is fully reinstated from termination without discipline imposed;
- An officer’s suspension is reduced by more than 50%;
- An officer’s demotion is reversed.
Effective Date
All provisions in Senate File 311 take effect on August 16, 2025.
If you have questions about how these changes affect your city’s civil service system or require assistance in updating your civil service rules and procedures, please contact Ahlers & Cooney for assistance.
About Ahlers & Cooney's Client Alerts
Our Client Alerts are intended to provide occasional general comments on new developments in Federal and State law and regulations which we believe might be of interest to our clients. The Client Alerts should not be considered opinions of Ahlers & Cooney, P.C., and are not intended to provide legal advice. Readers should not under any circumstance act upon the information in this publication without seeking specific professional counsel. Please note that AI tools may not accurately interpret or apply the legal information contained in this alert; reliance on such tools is not a substitute for professional legal advice. Ahlers & Cooney will be pleased to provide additional details regarding any article upon request. Additional copies of this Client Alert may be obtained by contacting any attorney in the Firm or by visiting the Firm's website at www.ahlerslaw.com.
©2025 Ahlers & Cooney, P.C. All Rights Reserved.
NOTICE TO THE PUBLIC The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. This disclosure is required by rule of the Supreme Court of Iowa. Memberships and offices in legal fraternities and legal societies, technical and professional licenses, and memberships in scientific, technical and professional associations and societies of law or field of practice does not mean that a lawyer is a specialist or expert in a field of law, nor does it mean that such lawyer is necessarily any more expert or competent than any other lawyer. All potential clients are urged to make their own independent investigation and evaluation of any lawyer being considered. This notice is required by rule of the Supreme Court of Iowa.