§ 400.17 — Employees under civil service — qualifications

Iowa § 400.17

• Jurisdiction: Iowa
• Title IX: LOCAL GOVERNMENT
• Ch. 400: CIVIL SERVICE

Text

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 examination as provided in this chapter, and has been certified
to the city council as being eligible for the appointment. However, in an emergency in
which the peace and order of the city is threatened by reason of fire, flood, storm, or mob
violence, making additional protection of life and property necessary, the person having the
appointing power may deputize additional persons, without examination, to act as peace
officers until the emergency has passed. A person may be appointed to a position subject to
successfully completing a civil service medical examination. A person shall not be appointed
or employed in any capacity in the fire or police department if the person is unable to meet
reasonable physical condition training requirements and reasonable level of experience
requirements necessary for the performance of the position; if the person is a habitual
criminal; if the person is addicted to narcotics or alcohol and has not been rehabilitated for
a period of one year or more, or is not presently undergoing treatment; or if the person has
attempted a deception or fraud in connection with a civil service examination.
2. Except as otherwise provided in this section and section 400.7, a person shall not be
appointed or employed in any capacity in any department which is governed by civil service
if the person is unable to meet reasonable physical condition training requirements and
reasonable level of experience requirements necessary for the performance of the position;
if the person is addicted to narcotics or alcohol and has not been rehabilitated for a period of
one year or more, or is not presently undergoing treatment; or if the person has attempted a
deception or fraud in connection with a civil service examination.
3. a. Employees shall not be required to be a resident of the city in which they are
employed, but they shall become a resident of the state within two years of such appointment
or the date employment begins and shall remain a resident of the state during the remainder
of employment. The state residency requirement under this paragraph “a” shall not apply to
employees of a city that has adopted an ordinance to allow its employees to reside in another
state and shall not apply to an employee of a city that later repeals such an ordinance if the
employee resides in another state at the time of the repeal.
b. Cities may set a reasonable maximum distance outside of the corporate limits of the
city, or a reasonable maximum travel time, that police officers, fire fighters, and other critical
city employees may live from their place of employment. An employee subject to a residency
requirement based on distance or travel time who does not meet that residency requirement
on the date of appointment or on the date employment begins shall take reasonable steps
to meet the requirement as soon as practicable, and a city may provide the employee up to
one year from the date of appointment or the date employment begins to meet the residency
requirement.
4. A person shall not be appointed, denied appointment, promoted, removed, discharged,
suspended, or demoted to or from a civil service position or in any other way favored or
discriminated against in that position because of political or religious opinions or affiliations,
race, national origin, sex, or age, or in retaliation for the exercise of any right enumerated in
this chapter. However, the maximum age for a police officer or fire fighter covered by this
chapter and employed for police duty or the duty of fighting fires is sixty-five years of age.

Legislative History

[SS15, §1056-a32; C24, 27, 31, 35, 39, §5701; C46, 50, 54, 58, 62, 66, 71, 73, §365.17; C75, 77, 79, 81, §400.17]