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HomeMy WebLinkAbout2025-09-04 Civil Service Commission Agenda Civil Service Commission Thursday, September 4, 2025 8.15 a.m. Helling Conference Room City Hall 410 E Washington St Iowa City, IA 1 . Certification of hiring list for Police Officer 2. Deputy Fire Chief promotional testing 3. Commission Policies and Procedures update with potential action 4. Civil Service Commission ordinance update If you will need disability-related accommodations in order to participate in this program/event, please contact Karen Jennings, Human Resources at 319- 356-5025 or karen-iennings dNowa-city.orq. Early requests are strongly encouraged to allow sufficient time to meet your access needs. i CITY OF I O W A CITY MEMORANDUM Date: August 28, 2025 To: Civil Service Commission From: Karen Jennings, Human Resources Administrator Re: Deputy Fire Chief Promotional process The Civil Service Commission certified a promotional list for the rank of Deputy Fire Chief on April 25, 2023. Per Chapter 400.11 of the Iowa Code, persons on certified eligible lists for promotion shall hold preference for two years following the date of certification. This list has expired. Deputy Chief Nurnberg has resigned, and a promotional list will be needed to fill this position. The requirements for the position of Deputy Fire Chief include a bachelor's degree from an accredited educational institution and six years of related experience at the rank of Captain or higher or ten years of related experience or the equivalent combination of education and experience. Instructor I certification and Iowa or National EMT certification is required. A valid driver's license with satisfactory driving record is required along with compliance with the City's residency requirement policy. Human Resources staff has consulted with the Fire Chief and recommends the following process: 1. All eligible candidates will be required to submit a promotional testing application, resume, and appropriate documentation of the required degree by the application deadline. 2. All eligible candidates will be provided the opportunity to interview with a selection committee to be comprised of City Department Directors, Division Heads, or other internal stakeholders such as Police command staff. If the Commission wishes to be represented in the process, the Commission may also appoint a member to the assessment team. 3. Candidates will be required to achieve a minimum passing score in the panel interview assessment and the rank order of the promotional list will be determined by the score of the interview assessment. Staff recommends that Human Resources staff be authorized to administer this promotional assessment process. Human Resources staff will be involved at all stages of the process to ensure that legal requirements associated with the hiring process are met. I will be happy to answer questions at your upcoming meeting. Thank you. Cc: Chief Lyon i CITY OF I O W A CITY MEMORANDUM Date: August 28, 2025 To: Civil Service Commission From: Karen Jennings, Human Resources Administrator Re: Commission policies and procedures update The Civil Service Commission has been operating under two Commission-approved policy and procedure documents. Iowa City Civil Service Commission Policies and Procedures were last reviewed and approved September 1, 2011. The Commission policies and procedures document authorizes a standard application, testing, and certification process for City civil service positions other than sworn Police and Fire positions and addresses other administrative requirements of Chapter 400 including designating the appropriate staff to accept documents on behalf of the Civil Service Commission and publishing of annual civil service seniority status. Rules of Procedure for Appeals and Hearings was last revised and adopted on November 29, 1989. This document identifies the appeal process requirements and timelines mandated by Chapter 400. It also establishes procedural guidelines for appeal hearings. Staff recommends approving an updated Civil Service Commission Policies and Procedures document that combines these two sets of guidelines into a single document for ease of reference. A proposed draft is provided for your review and consideration. The updates reflect practices which align with current law and collective bargaining agreements. Additionally, because the process and timelines for appealing a peremptory removal, discharge, demotion or suspension are governed by Chapter 400 which is readily accessible via the internet, unlike in 1989, the appeal hearing guidelines have been limited to the hearing process and procedural aspects which fall under the authority of the Commission. The two existing policy and procedure documents and the staff proposed document are provided for your review. Your September 41" meeting agenda includes a "Commission Policies and Procedures update with potential action" agenda item. This will provide you an opportunity to ask questions, discuss, direct further revisions, and/or to adopt the staff draft as proposed. Thank you. Iowa City Civil Service Commission Policies and Procedures The Iowa City Civil Service Commission hereby establishes the following policies and procedures. The Commission's main purpose is to ensure that public sector employment is based on merit and ability. Section 1 -General 1. Secretary and Clerk to the Commission The Human Resources Administrator serves as the designated secretary and staff contact for the Commission. Documents filed with the Human Resources Administrator will constitute filing with the Civil Service Commission for the purposes of Chapter 400, the Code of Iowa. Documents filed with the City Clerk shall constitute filing with the clerk to the Civil Service Commission for purposes of Chapter 400, the Code of Iowa. 2. Coverage — Exclusions These rules and regulations shall apply to all permanent positions within the employment of the City of Iowa City with the exception of the following positions: City Manager, Deputy City Manager, Assistant City Manager, the Directors of Finance, Public Works, Neighborhood and Development Services„ Parks and Recreation, Transportation Services, and the Directors of any other city department as may be created; Police Chief*, Fire Chief*; Human Resources Administrator; City Attorney; Assistant City Attorneys; Civil/Human Rights Coordinator; City Clerk, Deputy City Clerk; all Division Heads; Assistants to the City Manager; Secretaries to the Department Directors; employees of the Library Board or Airport Commission; and any other positions specifically excluded by the Code of Iowa. *The positions of Police Chief and Fire Chief shall receive the benefits of the Iowa Civil Service Act for selection purposes and Civil Service status under Iowa Code Sections 400.13 and 400.14. Section 2 -Civil Service Examination and Hiring The Commission establishes the following protocols for determining the qualifications for certification of applicants for positions covered by the Iowa Civil Service Act, Chapter 400, the Code of Iowa. 1. Equal Employment Opportunity The Iowa City Civil Service Commission is committed to providing equal employment opportunities for all employees or potential employees of the City and will not unlawfully discriminate except where age, sex, or physical or mental ability constitute a bona fide occupational qualification necessary for job performance or in retaliation for the exercise of any right enumerated by Chapter 400. 2. Application Procedures • The Human Resources Division will develop and make available suitable employment application forms. • Except in emergency situations, the Human Resources Division shall prepare an announcement which describes all permanent job openings,which shall be posted in City Hall and other designated posting areas for not less than ten days. During this period persons who wish to compete for the position posted may submit an application to the Human Resources Division. Position announcements will specify the position requirements as established by the job description, application process, and the deadline for submitting an application. • Following the receipt of applications, the Human Resources Division and/or appointing authority will evaluate the qualifications of all applicants to establish possession of the knowledge, skills and abilities necessary for successful job performance, as listed in the job announcement. • Position reclassifications will not be considered subject to posting/examination requirements. 3. Testing Procedures Under the authority of the Civil Service Commission, the Human Resources Administrator or their designee will authorize testing for Civil Service positions and will develop and administer examinations for the purpose of determining the qualifications of applicants for positions under Civil Service. The examinations will be constructed and administered to fairly test ability of the applicant to discharge the duties of the position to which the applicant seeks appointment. Examinations may consist of review of application materials, oral interviews and/or written, practical, or physical agility examinations as are appropriate to the position. Testing procedures for Police Officer and Firefighter entry-level positions and for the creation of Police and Fire promotional lists will be subject to majority approval by the Civil Service Commission. 4. Certification of Persons Eligible for Appointment • Certification of Police Officer and Firefighter entry-level and promotional lists will be subject to approval by a majority of the Civil Service Commission. • Under the authority of the Civil Service Commission, the Commission Chairperson may certify hiring lists for other Civil Service positions. The Vice- Chairperson may certify hiring lists in the absence of the Chairperson. • Any approved hiring and promotional lists, other than a reserve list for original appointment, shall be certified to the City Council by filing with the Iowa City City Clerk's Office and inclusion in the City Council information packet. • The Department Director or designee may, at their discretion, select any applicant for appointment from the appropriate list, with the following exceptions: o Veterans Preference Honorably discharged veterans of the United States military as defined by Chapter 35 of the Iowa Code shall, if otherwise qualified, be given preference over other applicants of no greater qualification for appointments from a non-promotional certified list. This preference is the same as provided in Iowa Code Section 400.10. o Certified Lists — Length All newly created offices or other vacancies in positions under civil service which shall occur before the beginning of the next examination for such positions shall be filled from said lists. 5. Temporary Appointment When no certified eligible list exists or when the eligible list shall be exhausted, the person having the appointing power may temporarily fill a vacancy until an examination can be held and the names of qualified persons be certified by the commission. Temporary appointments,with the exception of persons temporarily acting in positions regularly held by another, must be limited to 90 days for any one person. Section 3 —Seniority On behalf of the Commission, the Human Resources Division shall prepare and post a list indicating the civil service seniority standing of each civil service employee. This list will be posted in the Human Resources office in City Hall on or before July 1 of each year and will remain posted until July 15th. It will be kept on file and available for review upon request in the Human Resources office for the remainder of the year. Section 4—Appeal Hearing Proceedings The Civil Service Commission shall require that all parties comply with the procedure and timelines for appeal of peremptory removal, discharge, demotion or suspension of a person holding civil service rights established in Chapter 400 (400.18-400.27) of the Code of Iowa. Appeal Hearing Proceedings: 1. The Commission shall hear the evidence upon the specification of charges as filed with it by the appointing authority. The proceedings shall be as informal as is compatible with the requirements of justice. 2. The Commission shall have the power to subpoena and to require the attendance of witnesses and the production of pertinent documents, and to administer oaths. The parties may be represented by counsel or by their authorized collective bargaining representative. 3. The Commission shall provide for the production of evidence and exchange of exhibits in advance of the hearing. The appointing authority shall mark its exhibits with numbers and the employee shall mark their exhibits with letters. 4. The order of business at the hearing shall be as follows: a. The appointing authority shall present evidence in support of the charge. The appellant or their counsel shall then produce such evidence as they may wish to offer in support of the appeal.The parties in interest may then offer rebuttal evidence. b. If the employee shall fail to appear or be represented at the time fixed for a hearing, the Commission shall hear such evidence as may be produced, or as it shall deem proper or necessary and make a finding according to the evidence. C. The appeal hearing shall be public. However, upon the request of the employee, the deliberations of the commission shall be held in closed session. d. Upon conclusion of the appeal hearing, the final decision of the Commission shall be based on a majority vote of the Commission, shall be made in writing, and shall include the findings of fact and conclusions relied upon, and reasoning or rationale for the decision, separately stated. The final decision shall be rendered and served upon the parties by certified mail within thirty days of the close of the record unless the parties consent to a later date in writing or on the record. The final decision may be served upon an employee by electronic mail with the consent of the employee. 3. The Commission may, in its discretion, a. require each party to submit, prior to the hearing, a written statement containing any or all of the following: 1) statement of facts; 2) name of each witness the party intends to call; 3) specifications of which each witness has personal knowledge; 4) essence of the testimony to be given; and 5) basis for the witness' knowledge; b. limit each side to a certain number of witnesses based on which issues or specifications the Commission wishes addressed; C. limit the length of examination. direct and cross, of any witness called; d. itself conduct the direct examination of any witness called and limit the length of the cross-examination by any party; e. rule on the admissibility of evidence; f. refuse to allow or limit the length of opening or closing arguments of the parties involved; g. limit the scope of testimony to only those specifications which constitute an adequate basis for termination, suspension or demotion; h. may require the attendance of witnesses and the production of documents/exhibits through the use of subpoenas. In the event that a party should designate a witness to be subpoenaed, the Commission shall issue it for that party. Adopted by Civil Service Commission: 12025 Replaces Iowa City Civil Service Commission Policies and Procedures adopted by Civil Service Commission: September 1, 2011 Replaces Rules of Procedure for Appeals and Hearings adopted by Civil Service Commission: November 29, 1989 IOWA CITY CIVIL SERVICE COMMISSION POLICIES AND PROCEDURES The Iowa City Civil Service Commission hereby establishes the following policies and procedures which shall be followed in determining the qualifications for certification of applicants for positions covered by the Iowa Civil Service Act, Chapter 400, the Code of Iowa. Forward It will be the endeavor of this Commission to bring to the citizens, employees, and the City governments of Iowa City the advantage of public service based on merit. Secretary and Clerk to the Commission The Human Resources Administrator serves as the designated secretary and staff contact for the Commission. Documents filed with the Human Resources Administrator will constitute filing with the Civil Service Commission for the purposes of Chapter 400, the Code of Iowa. Documents filed with the City Clerk shall constitute filing with the clerk to the Civil Service Commission for purposes of Chapter 400, the Code of Iowa. Equal Employment Opportunity The Iowa City Civil Service Commission is committed to providing equal employment opportunities for all employees or potential employees of the City regardless of race, creed, color, sex, national origin, religion, age, sexual orientation, gender identity, marital status, mental or physical disability, genetic information, employee union or association membership or office therein, political or religious opinions or affiliations, or other characteristic protected by federal, state, or local law, except where age, sex, or physical or mental ability constitute a bona fide occupational qualification necessary for job performance or in retaliation for the exercise of any right enumerated by Chapter 400. Coverage— Exclusions These rules and regulations shall apply to all permanent positions within the employment of the City of Iowa City with the exception of the positions of: City Manager, Assistant City Manager, the Directors of Finance, Public Works, Housing and Inspection Services, Planning and Community Development, Parks and Recreation, Transportation Services, and the Directors of any other city department as may be created; Police Chief*, Fire Chief*; Human Resources Administrator; City Attorney; Assistant City Attorneys; Human Rights Coordinator; City Clerk, Deputy City Clerk; all Division Heads; Assistants to the City Manager; Secretaries to the Department Directors; employees of the Library Board or Airport Commission; and any other positions specifically excluded by the Code of Iowa. *The positions of Police Chief and Fire Chief shall receive the benefits of the Iowa Civil Service Act for selection purposes and Civil Service status under Iowa Code Sections 400.13 and 400.14. Application Procedures • The Human Resources Division will develop and make available suitable employment application forms. • Except in emergency situations, the Human Resources Division shall prepare an announcement which describes all permanent job openings, which shall be posted in City Hall and other designated posting areas for not less than five working days. During this period and subject to the applicable collective bargaining agreements, employees who wish to compete for the position posted may submit an application to the Human Resources Division. Position announcements will specify the position requirements as established by the job description, application process, and the deadline for submitting an application. • Following the internal posting period, the Human Resources Administrator at his/her discretion may authorize external postings of job openings and may determine the length of posting period and advertisement procedures. Following the receipt of applications, the Human Resources Division and/or appointing authority will evaluate the qualifications of all applicants to establish possession of the knowledge, skills and abilities necessary for successful job performance, as listed in the job announcement. • The Human Resources Administrator may authorize the simultaneous internal and external posting of positions if necessary to expedite hiring. • Position reclassifications will not be considered subject to posting/examination requirements. Testing Procedures Under the authority of the Civil Service Commission, the Human Resources Administrator or his/her designee will authorize testing for Civil Service positions, and will develop and administer examinations for the purpose of determining the qualifications of applicants for positions under Civil Service. The examinations will be constructed and administered to fairly test ability of the applicant to discharge the duties of the position to which the applicant seeks appointment. Examinations may consist of review of application materials, oral interviews and/or written, practical, or physical agility examinations as are appropriate to the position. Testing procedures for Police Officer and Firefighter entry-level positions and for the creation of Police and Fire promotional lists will be subject to majority approval by the Civil Service Commission with each discrete test. Certification of Eligibles—Appointment • Certification of Police Officer and Firefighter entry-level and promotional lists will be subject to approval by a majority of the Civil Service Commission. • Under the authority of the Civil Service Commission, the Commission Chairperson may certify hiring lists for other Civil Service positions. The Commission may authorize a second member of the Commission to certify hiring lists in the absence of the Chairperson. • Any approved hiring and promotional lists, other than a reserve list for original appointment, shall be certified to the City Council by filing with the Iowa City City Clerk's Office and inclusion in the City Council information packet. • The Department Director or designee may, at his or her discretion, select any applicant for appointment from the appropriate list, with the following exceptions: o Veterans Preference Honorably discharged veterans of the United States military as defined by Chapter 35 of the Iowa Code shall, if otherwise qualified, be given preference over other applicants of no greater qualification, for appointments from a non-promotional certified list. This preference is the same as provided in Iowa Code Section 400.10. o Preferred List If, in the case of a diminution of employees, a preferred hiring list exists for the classification in which a vacancy is created, individuals on the preferred hiring list will be offered the appointment, in seniority order, per Section 400.28 of the Iowa Code. o Certified Lists— Length All newly created offices or other vacancies in positions under civil service which shall occur before the beginning of the next examination for such positions shall be filled from said lists, or from the preferred list existing as provided for in case of diminution of employees. Temporary Appointment When no preferred or certified eligible list exists or when the eligible list shall be exhausted, the person having the appointing power may temporarily fill a vacancy until an examination can be held and the names of qualified persons be certified by the commission. Temporary appointments, with the exception of persons temporarily acting in positions regularly held by another, must be limited to 90 days for any one person. Seniority On behalf of the Commission, the Human Resources Division shall prepare and post a list indicating the civil service seniority standing of each civil service employee. This list will be posted in the Human Resources office in City Hall on or before July 1 of each year and will remain posted until July 15th. It will be kept on file and available for review upon request in the Human Resources office for the remainder of the year. Adopted by Civil Service Commission:September 1, 2011 L The Civil Service Commission of the City of Iowa City, Iowa, hereby adopts the following as Us Rules of Procedure for Appeals and Hearings. RULES OF PROCEDURE FOR APPEALS AND HEARINGS Revised November 1989 Section 1. Complaints: Employees in the Civil Service shall have the right to appeal to the Commission relative to any situation affecting employment status or conditions of employment, except where the right of appeal is denied by the Code of Iowa. An employee may appear before the Commission at any of its meetings to request a hearing on his or her complaint, or such complaint may be filed in writing with the Commission. It shall be the duty of the Commission to inform the appointing authority or other persons involved in the filing of the complaint. Section 2. Appeal: In the event of the suspension, discharge, or demotion of any person possessing civil service appeal rights pursuant to Chapter 400 of the Iowa Code, such person may,within fourteen calendar days thereafter, appeal t erefrom to the Civil Service Commission. The person who has suspended, demoted, or discharged the employee may in like manner appeal. Any other complaints must be presented to the Clerk of the Civil Service Commission within fourteen calendar days after the appellant has knowledge of the occurrence which precipitated the complaint. Section 3. Notice of Appeal: If an appeal be taken by the person suspended, demoted, or discharged, notice thereof, signed by the appellant and specifying the ruling appealed from, shall be filed-with the Clerk of the Commission (City Cleric); if by the person making such suspension, ;demotion, or .discharge, the notice shall also be served upon the person suspended,...de mote d or discharged. Section 4. Charges: Within fourteen calendar days from the service of such 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 such specification of charges are not so filed the persons suspended or discharged may present the matter to the body to whom the appeal is to be taken by Affidavit, setting forth the facts; and-,such body shall forthwith enter an Order reinstating the person suspended or discharged for want of prosecution. Section 5. Time and Place of Hearing: Within ten calendar days after such specification of charges'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,," time and place so fixed, and the notice shall contain a copy of the specification of charges so filed. Section 6. Appeal Proceedings: i. The Commission shall hear the evidence upon the specification of charges as fled with it by the appointing authority. The proceedings shall be as informal as is compatible with the requirements of justice. 2 2. The order of business at the hearing shall be as follows: a. The appointing authority shall present evidence in support of the charge. The appellant or his or her counsel shall then produce such evidence as he or she may wish to offer in support of the appeal. The parties in interest may then offer rebuttal evidence. b. The Commission shall have the power to subpoena and to require the attendance of witnesses and the production of pertinent documents, and to administer oaths. The appointing authority may be represented by the City Attorney or other counsel. The appellant may also be represented by counsel. C. if the employee shall fail to appear or be represented by counsel at the time fixed or a hearing, the Commission shall hear such evidence as may be produced, or as it shall deem proper or necessary and make a finding according to the evidence. d. Upon conclusion of any investigation or hearing, the Commission shall cause its findings and decisions to be prepared in writing and shall certify the same. Such findings shall be co-signed and filed as a permanent record in the files of the Commission. The Commission shall deliver a certified copy of such findings to the appointing authority and to the employee affected, and such judgment shall become effective forthwith. e. Any member of the Commission may submit a supplemental or minority report which shall be filed as a permanent part of the record of the Commission. The Commission may, in its discretion, a. require each party to submit, prior to the hearing, a written statement containing any or all of the following: 1) statement of facts; 2) name of each witness the party intends to call; 3) specifications of which he/she has personal knowledge; 4) essence of the testimony to be given; and 5) basis for the witness' knowledge; b, limit each side to a certain number of witnesses based on which issues or specifications the Commission wishes addressed; C. limit the length of examination, direct and cross, of any witness called; 3 d. Itself conduct the direct examination of any witness called and limit the length of the cross-examination by any party; e. rule on the admissibility of evidence; f. refuse to allow or limit the length of opening or closing arguments of the parties involved; g. limit the scope of testimony to only those specifications which constitute an adequate basis for termination, suspension or demotion; h. may require the attendance of witnesses and the production of documents/exhibits through the use of subpoenas. In the event that a party should designate a witness to be subpoenaed, the Commission shall issue it for that party. 4. The City, or any Civil Service employee shall have the right to appeal to the District Court from the final rule and decision of the Civil Service Commission. The appeal shall be taken within thirty days from the filing of the formal decision of the Commission. The District Court of Johnson County shall have full jurisdiction over the appeal and the said appeal shall be a trial de novo as an equitable action in the District Court. 5. The appeal to the District Court shall be perfected by filing a notice of appeal with the Clerk of the District Court within the time herein prescribed and by serving notice thereof on the Clerk of the Civil Service Commission. 6. In the event the ruling or decision appealed from is reversed by the District Court, the appellant, if it be an employee, shall then be reinstated as of the date of the said suspension, demotion, or discharge, and shall be entitled to compensation from the date of such suspension, demotion, or discharge. Rules adopted this 2-9 day of November, 1989, by the Civil Service Commission of the ity of Iowa City, Iowa. ; By. airperson, 'vii Service Commission i Member, Civil Service Commission v n� ember, Civil Service Commission