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HomeMy WebLinkAbout~Master - Civil Service Commission May 22, 2025 agenda AGENDA CIVIL SERVICE COMMISSION CITY HALL 515 CLARK AVE CONFERENCE ROOM 235 May 22, 2025 CALL TO ORDER: 8:15 a.m. 1. Approval of the Minutes of the April 24, 2025, Regular Civil Service Commission Meeting 2. Certification of Entry-Level Applicants 3. Request to Remove Name and Exhaust Water Plant Operator List 4. Discussion on SF 311 – Relating to City Civil Service Employee and Related Procedures 5. Next Regular Commission Meeting scheduled for Thursday, June 26, 2025 COMMENTS: ADJOURNMENT: MINUTES OF THE REGULAR MEETING OF THE AMES CIVIL SERVICE COMMISSION AMES, IOWA APRIL 24, 2025 The Regular Meeting of the Ames Civil Service Commission met in regular session in Conference Room 235 of City Hall, 515 Clark Avenue, with Commission Members, Harold Pike, Larry Conley, and Kim Linduska, Commission Chair present. Also in attendance was Commission Clerk, Vicki Hillock. APPROVAL OF MINUTES OF MARCH 27, 2025: Moved by Conley, seconded by Pike, to approve the Minutes of the March 27, 2025, Regular Service Commission meeting. Vote on Motion: 3-0. Motion declared carried unanimously. CERTIFICATION OF ENTRY-LEVEL APPLICANTS: Moved by Linduska, seconded by Conley, to certify the following individuals to the Ames City Council as Entry-Level Applicants: Building Maintenance Specialist Zach Rankin 80 Bryon Anderson 76 Daniel Hodges 74 Chris Engelhardt 72 Energy Services Coordinator Elian Williams 76 Layne Fober 72 Environmental Engineer I Ashkan Naghdi ** Jacob Solomon 85* Danbi Won 80 Innocent Anosike 74 Shushan Wu 72 Ysabelle Gilseth 70 * Includes preference points ** Indicates carryover from prior certified list Vote on Motion: 3-0. Motion declared carried. CERTIFICATION OF PROMOTIONAL-LEVEL APPLICANTS: Moved by Pike, seconded by Linduska, to certify the following individuals to the Ames City Council as Promotional-Level Applicants: Police Sergeant Dilok Phanchantraurai 84 Bradley Campbell 84* Derek Accola 76* John Barney 72 * Includes preference points Vote on Motion: 3-0. Motion declared carried. REQUEST TO REMOVE NAME AND EXHAUST WATER PLANT OPERATOR LIST: Moved by Conley, seconded by Linduska, to remove name and exhaust Water Plant Operator entry level certified list. COMMENTS: The next Regular Meeting will be held in-person on Thursday, May 22, 2025, at 8:15 am in Council Chambers of City Hall. ADJOURNMENT: The meeting adjourned at 8:24 AM. __________________________________ _______________________________________ Kim Linduska, Chairperson Vicki Hillock, Commission Clerk ENTRY-LEVEL: Assistant Planner Parker Walsh 78 Maintenance Worker - P&R Curtis Walker 74 - P&R Sublist Logan Sansgaard 72 Planner YuanQin Chen 75 Recreation Manager Katie Todd 84 - Adult & Youth Sports and Activities Sublist Jeff Lauridsen 84 Grace Dupuy 83 Devin Hatch 81 Aric Reidmann 73 RRP Lead Operator Brian Heenan 84 Michael Clark 83 Jeremy Taylor 82 Thomas Bell 76 WPC Plant Operator Clayton Visek 78 Shelby Anderson 75 James Conn 74 * Includes preference points ** Indicates carryover from prior certified list PROMOTIONAL-LEVEL: Memo to Remove Name from Environmental Engineer I List SF 311 - Relating to City Civil Service Employees and Related Procedures ADDITIONAL ITEMS: CIVIL SERVICE COMMISSION MEETING May 22, 2025 Certified entry-level (05/22/2025):Score Parker Walsh 78 ASSISTANT PLANNTER - 1214 Certified entry-level (5/22/2025)Score Parks and Recreation - sublist Curtis Walker 74 Logan Sansgaard 72 MAINTENANCE WORKER - 6112 Certified entry-level (5/22/25):Score YuanQin Chen 75 PLANNER - 1212 Certified entry-level (5/22/2025)Score SubList: Adult and Youth Sports and Activities Katie Todd 84 Jeff Lauridsen 84 Grace Dupuy 83 Devin Hatch 81 Aric Reidmann 73 RECREATION MANAGER - 3201 Certified entry-level (5/22/2025):Score Brian Heenan 84 Michael Clark 83 Jeremy Taylor 82 Thomas Bell 76 RESOURCE RECOVERY PLANT LEAD OPERATOR - 5520 Certified entry-level (5/22/2025)Score Clayton Visek 78 Shelby Anderson 75 James Conn 74 WPC PLANT OPERATOR - 5213 Caring People  Quality Programs  Exceptional Service 515.239.5199 main 515.232.5297 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org Human Resources Department MEMO Date: Thursday, May 22, 2025 To: Civil Service Commission From: Bethany Ballou, Human Resources Director Subject: Remove Name from Certified List for Environmental Engineer I On the agenda for the May 22, 2025, Civil Service Commission meeting, the Commission will discuss a request from City staff to remove names from the certified list for the Environmental Engineer I classification, which was approved on April 24, 2025. Danbi Won – Candidate withdrew from process via email, before contingent offer. Jacob Solomon - Candidate withdrew from process via email, after receiving contingent offer. Section 4.5 (Removal of Names from Certified Lists) of the Civil Service commission Policies and Procedures states: “A person appearing on a certified list for original appointment shall have their name removed from the list by the Commission whenever that person has requested that their name be removed, or refuses an interview or an offer of appointment...” Four (4) candidates will remain on this list. Staff requests that the Civil Service Commission remove the above name s from the Civil Service List. STATE OF IOWA KIM REYNOLDS GOVERNOR May 19, 2025 The Honorable Paul Pate Secretary of State of Iowa State Capitol Des Moines, Iowa 50319 Dear Mr. Secretary, I hereby transmit: Senate File 311, an Act relating to city civil service employees and related procedures and including effective date provisions. The above Senate File is hereby approved on this date. Sincr.rely, yn Governor of Iowa cc: Secretary of the Senate Clerk of the House STATE CAPITOL DES MOINES, IOWA 50319 515.281.5211 FAX 515.725.3527 WWW.G OV ERNOR.IOWA. GOV _..:••7IIIIIlü• muum Si";';lili!liiilllll11111i1 ! l'".13.1 C 111I I I II I111111IlI❑1117! IIIII III II II I II I Iill! 91171311111111111II II I II! I!!Blli II I II I IIII I II I I IIIIIIIIII I11 E61! C", I!I I I II I Illil I III I II lElt I! 91111IIIII I III I Iill1I1611!19111111111111111II IGI GCEI I!!I P III • .iIÎIIIP••" IIIIIIIIIIIII11Ili, -*%-, • 1111 ' 1P II!lSSIIIIII@IIIIIIIIIIIIIIIIIIIIII".IIIIIIIIi7!II III 11 11111111111! illllllllill! ASSF,N1BLY ri 111111111111111 Senate File 311 AN ACT RELATING TO CITY CIVIL SERVICE EMPLOYEES AND RELATED PROCEDURES AND INCLUDING EFFECTIVE DATE PROVISIONS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: Section 1. Section 364.3, Code 2025, is amended by adding the following new subsection: NEW SUBSECTION. 20. A city with a civil service commission established under chapter 400 shall not adopt, enforce, or otherwise administer an ordinance, motion, resolution, or amendment, or use any other means, to establish a board or other entity for the purpose of citizen review of the conduct of officers as defined under section 80F.1, subsection 1, paragraph "f-. Sec. 2. Section 400.1, subsection 1, Code 2025, is amended to read as follows: 1. 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 a regular city election, with the approval of the council, shall appoint three civil service commissioners. The mayor shall publish notice of the names of persons selected for appointment no less than thirty days prior to a vote by the city council. Commissioners shall hold office, one until the first Monday in April of the second year, one until the first Monday in April of the third year, and one until the first Monday in April of the fourth year after such appointment, whose successors shall be appointed for a term Senate File 311, p. 2 of four years. In cities having a population of more than ocvcnty fifty thousand, the city council may shall establish, by ordinance, the number of civil service commissioners at not less than three five but not more than seven. Sec. 3. Section 400.12A, subsection 3, Code 2025, is amended by adding the following new paragraph: NEW PARAGRAPH. c. This section shall not be construed to change the maximum number of persons on the hiring list referenced in section 400.11, subsection 1, paragraph -a -, for a position to be filled to be greater than forty. Sec. 4. Section 400.18, subsections 1 and 3, Code 2025, are amended to read as follows: 1. A person holding civil service rights as provided in this chapter shall ftet- only be removed, discharged, demoted, or suspended arbitrarily, but may be removed, di3charged, with just cause and upon a finding by a preponderance of the evidence that an act or failure to act by the employee that is in contravention violation of law, city policies, or Standard judgment of the person having the appointing power ao provided in thi3 chapter, or the to ohow that the employee is unsuitable or unfit for employment rules, or that the employee is physically or mentally unfit as determined under guidelines established pursuant to section 400.8A. This subsection shall not be construed to modify the rights, requirements, or procedures provided in section 400.8A or other rights, requirements, or procedures provided by law. 3. The city shall have the burden to prove that the act or failure to act by the employee was in contravention violation of law, city policies, or otandard operating procedures, or is surzz-ci-e-i₹t—t6 9-rre'y7—that the —ei₹pl-B-y-e-e i9 unsuitable er unfit f-eT employment department rules not in conflict with any collective bargaining agreement or law. For purposes of this chapter, the city shall establish each element of the charges specified under section 400.22 by a preponderance of the evidence. The city shall have the burden to prove that the punishment imposed upon the employee is proportionate, reasonable, and just in the totality of the circumstances under the factors provided in Senate File 311, p. 3 section 400.27, subsection 1, paragraph -b -. Sec. 5. Section 400.19, Code 2025, is amended to read as follows: 400.19 Removal Peremptory removal, discharge, demotion, or suspension of subordinates. The person having the appointing power as provided in this chapter, or the chief of police or chief of the fire department, may, upon presentation of reasonable and just grounds for such action to the subordinate in writing, peremptorily remove, discharge, demote, or suspend a subordinate then under the person's or chief's direction due to any act or failure to act by the employee that is in contravention violation of law, city policies, or otandard chief department rules, and is oufficicnt deemed reasonably anticipated to be detrimental to ohow that the employee 13 unsuitable or unfit for employment public. This section shall not be construed to modify the rights, requirements, or procedures provided in section 400.8A or other rights, requirements, or procedures provided by law. Sec. 6. NEW SECTION. 400.22A Exculpatory evidence. A person shall not knowingly withhold exculpatory evidence from an employee subject to a written specification of charges filed under section 400.22. Sec. 7. Section 400.23, Code 2025, is amended to read as follows: 400.23 Time and place of hearing. Within ten days after such specifications are filed, the commission shall fix the time for a hearing, which shall be not less than five nor more than twenty days thereafter, and the place for hearing the appeal and. The commission shall notify the parties in writing of the time and place so fixed, and the notice shall contain a copy of the specifications so filed. Hearings under this section shall be held during normal city business hours unless otherwise agreed to by the parties and the commission. The commission in its discretion may grant a continuance or stay of a hearing upon request. Sec. 8. Section 400.24, Code 2025, is amended to read as follows: Senate File 311, p. 4 400.24 Oaths — books and papers — procedures. 1. The presiding officer of the commission or the council, as the case may be, shall have power to administer oaths in the same manner and with like effect and under the same penalties as in the case of magistrates exercising criminal or civil jurisdiction. 2. The council or commission shall cause subpoenas to be issued for such witnesses and the production of such books and papers as either party may designate. Issuance of subpoenas shall be consistent with the Iowa rules of civil procedure. The subpoenas shall be signed by the chairperson of the commission or mayor, as the case may be, or by an attorney representing a party before the commission. The council or commission shall provide a copy of each subpoena to both parties upon issuance. A party, or an attorney representing a party, shall provide copies of any material produced in response to a subpoena to the opposing party upon receipt of such material. 3. Those employees who are defined as an "officer - under section 80F.1, subsection 1, paragraph -f -, shall have the right to request documents, records, and any other evidence in the possession of the appointing authority relevant to the determination of cause and proportionality of discipline not otherwise in violation of chapter 80F. Sec. 9. Section 400.26, Code 2025, is amended to read as follows: 400.26 Public trial. The trial of all appeals shall be public, and the parties may be represented by counsel or by the parties' authorized collective bargaining representative. However, upon the request of the employee, the deliberations of the commission in a city with a population of less than two hundred thousand shall be held in closed session. Sec. 10. Section 400.27, subsections 1, 2, and 3, Code 2025, are amended to read as follows: 1. a. The civil service commission has jurisdiction to hear and determine matters involving the rights of civil service employees under this chapter, and may affirm, modify, or reverse any case on its merits. Senate File 311, p. 5 b. If the commission determines that the city proved the employee committed the charge as specified, the commission shall determine whether the removal, discharge, demotion, or suspension of the employee was with just cause based upon the totality of the circumstances. For the purposes of this subsection, the commission shall consider factors including 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, 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 commission shall only consider, order, or impose discipline upon the employee for charges proven by the city. c. 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. d. The final decision of the commission shall be based upon a majority vote of the commission, shall be made in writing, and shall include findings of fact and conclusions relied upon, and reasoning or rationale for the decision, separately stated. The commission shall render and serve its final decision upon the parties by certified mail within thirty days of the close of the record or trial 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. 2. a. T#e Except as otherwise provided in this section, the city attorney or solicitor shall be the attorney for the commission or when requested by the commission shall present matters concerning civil service employees to the commission, except the commission may hire a counselor or an attorney Senate File 311, p. 6 on a per diem basis to represent it when in the opinion of the commission there is a conflict of interest between the commission and the city council. The counselor or attorney hired by the commission shall not be the city attorney or solicitor. The eity shall pay the eests ineurred by the oe s s i e n in empleying an atze r- n ey under this e t; . b. Upon the filing of a notice of appeal pursuant to section 400.21, a city attorney, assistant city attorney, or solicitor who represents or has represented the commission shall not represent the city or its officers or employees in an appeal pending before the commission unless the employee waives the conflict of interest in writing or on the record. If the commission is required to hire a counselor or attorney that is not a city attorney, assistant city attorney, or solicitor as provided in this subsection, the city shall pay the costs incurred by the commission in employing a counselor or attorney under this section, and the commission shall independently seek and retain such an attorney. c. A counselor or attorney who represents the commission in an appeal before the commission shall be fair and impartial toward the parties. The counselor or attorney representing the commission 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 or requested. 3. The city or any civil service employee shall have a right to appeal to the district court from the final ruling or decision of the civil service commission. The appeal shall be taken within thirty days from the filing service of the formal decision of the commission. The district court of the county in which the city is located shall have full jurisdiction of the appeal. The scope of review for the appeal shall be limitcd to a trial de novo appellate revicw without a trial or additional cvidcncc. Sec. 11. Section 400.27, Code 2025, is amended by adding the following new subsections: NEW SUBSECTION. 2A. The commission shall provide for the production of evidence and exchange of exhibits in advance of trial. The city shall mark its exhibits with numbers. The employee shall mark its exhibits with letters. Senate File 311, p. 7 NEW SUBSECTION. 6. In addition to any other remedies and relief, upon application, the district court may award reasonable attorney fees, expert fees, and costs to those employees who are defined as an "officer" under section 80F.1, subsection 1, paragraph -f -, and only when such employee meets any of the following criteria: a. The employee is fully reinstated from a termination without discipline imposed. b. The employee's suspension has been reduced by over fifty percent. c. The employee's demotion was reversed. Sec. 12. EFFECTIVE DATE. This Act takes effect August 16, 2025. AMY SINCLAIR PAT GRASS President of the Senate Speaker of the House I hereby certify that this bill originated in the Senate and is known as Senate File 311, Ninety-first General Assembly. W. CHARLES SMITHSON Approved 2025 Secretaiiv of •e Senate KIM RE Governor