400.13 Chief of police and chief of fire department.
1. The chief of the fire department and the chief of the police department shall be appointed from the chiefs’ civil service eligible lists. Such lists shall be determined by original examination open to all persons applying, whether or not members of the employing city. The chief of a fire department shall have had a minimum of five years’ experience in a fire department, or three years’ experience in a fire department and two years of comparable experience or educational training. The chief of a police department shall have had a minimum of five years’ experience in a public law enforcement agency, or three years’ experience in a public law enforcement agency and two years of comparable experience or educational training. A chief of a police department or fire department shall maintain civil service rights as determined by section 400.12.
2. Any person who becomes chief of police or chief of the fire department shall be allowed to transfer all rights the person may have acquired under chapter 410 or 411, including employer contributions during the person’s years of service in a city, employee contributions, and interest, to the retirement system of the city that hires the person as chief. Such person shall also transfer the number of years served as seniority toward other benefits provided by the city which hires the person. If a chief of a police or fire department is relieved of that position, the person shall be entitled to remain in the department for which the person was chief at a position commensurate with the person’s civil service status, even if this means that the city must create a position for the person to fill until a regular position becomes vacant.
3. In cities under the commission plan of government the superintendent of public safety, with the approval of the city council, shall appoint the chief of the fire department and the chief of the police department. In cities under a council-manager form of government the city manager shall make the appointments with the approval of the city council, and in all other cities the appointments shall be made as provided by city ordinance or city charter.
[C24, 27, 31, 35, 39, §5699; C46, 50, 54, 58, 62, 66, 71, 73, §365.13; C75, 77, 79, 81, §400.13]
86 Acts, ch 1171, §1; 2017 Acts, ch 54, §76
Referred to in §372.4, 400.6
Structure Iowa Code
Section 400.1 - Appointment of commission.
Section 400.2 - Qualifications — prohibited contracts — penalty.
Section 400.3 - Optional appointment of commission — abolishing commission.
Section 400.4 - Chairperson — clerk — records.
Section 400.5 - Rooms and supplies.
Section 400.6 - Applicability — exceptions.
Section 400.7 - Preference by service.
Section 400.8 - Original entrance examination — appointments.
Section 400.8A - Guidelines for ongoing fitness for police officers and fire fighters.
Section 400.9 - Promotional examinations and procedures.
Section 400.10 - Veterans preferences.
Section 400.11 - Names certified — temporary appointment.
Section 400.12 - Seniority — extinguishment — reestablishment.
Section 400.13 - Chief of police and chief of fire department.
Section 400.14 - Civil service status of chiefs.
Section 400.15 - Appointing powers.
Section 400.16 - Qualifications.
Section 400.17 - Employees under civil service — qualifications.
Section 400.18 - Removal, discharge, demotion, or suspension.
Section 400.19 - Removal, discharge, demotion, or suspension of subordinates.
Section 400.21 - Notice of appeal.
Section 400.23 - Time and place of hearing.
Section 400.24 - Oaths — books and papers.
Section 400.26 - Public trial.
Section 400.27 - Jurisdiction — attorney — appeal.
Section 400.28 - Employees — number diminished.