LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY [CH. 51 CHAPTER 50. PENSIONS FOR DISABLED AND RETIRED FIREMEN. H. F. 9. AN ACT to amend section five (5) of chapter sixty-one (61) of the acts of the thirtythird general assembly of Iowa, relating to pensions for disabled and retired firemen. Be it Enacted by the General Assembly of the State of Iowa: SECTION 1. Firemen how and when retired-monthly pension. The law as it appears in section five (5) of chapter sixty-one (61) of the acts of the thirty-third general assembly is hereby amended by striking out all after the period in the thirty-seventh (37) line of said section up to and including the period in the forty-seventh (47) line at the end of the word "retirement", and inserting the following in lieu thereof: "Any member of the fire department who may be entitled to benefits under the provisions of this act, and who has served twenty-two (22) years or more in such fire department, of which the last five (5) year's service shall have been continuous, and has reached the age of fifty (50) years, may make application to the board of trustees to be retired from such fire department and thereupon it shall be the duty of the board of trustees to order the retirement of such member, and upon retirement, he shall be paid a monthly pension equal to one-half (2) the amount of salary received by him as monthly compensation at the date of his retirement." SEC. 2. In effect. This act being deemed of immediate importance shall be in force and effect from and after its publication in the Register and Leader and the Des Moines Capital, newspapers published in Des Moines, Iowa. Approved March 30, A. D. 1911. I hereby certify that the foregoing act was published in the Register and Leader and the Des Moines Capital, April 1, 1911. W. C. HAYWARD, CHAPTER 51. PENSIONS FOR DISABLED AND RETIRED POLICEMEN. H. F. 267. AN ACT to amend chapter sixty-two (62) of the acts of the thirty-third general assembly relating to pensions to be paid to policemen. Be it Enacted by the General Assembly of the State of Iowa: SECTION 1. Tax levy. That section 1 of chapter 62 of the acts of the thirtythird general assembly be and the same is hereby amended by striking out the word "may" in line 3 thereof and substituting the word "shall" in lieu thereof. Approved March 24, A. D. 1911. CH. 53] LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY CHAPTER 52. CITIES UNDER COMMISSION PLAN OF GOVERNMENT. S. F. 124. AN ACT to amend chapter sixty-four (64) acts of the thirty-third (33) general assembly relating to the government of certain cities. Be it Enacted by the General Assembly of the State of Iowa: SECTION 1. Petition-number of signers. That section two (2) of chapter sixty-four (64) acts of the thirty-third (33) general assembly be and the same is hereby amended by inserting in line six (6) of section two (2) after the word "shall" the following: "Not less than thirty (30) days prior to the election to be held as herein provided"; and by striking from line nine (9) of section two (2) the words "any city is located in" and substitute in lieu thereof the following: "not less than ten per cent (10%) of the qualified electors of any city reside in each of"; and by striking from line ten (10) of section two (2) the word "twenty-five" and inserting in lieu thereof the words "not less than ten'. In effect. This act being deemed of immediate importance shall take effect and be in force from and after its publication in the Register & Leader and Des Moines Capital, newspapers published in the city of Des Moines, Iowa. Approved March 21, A. D. 1911. I hereby certify that the foregoing act was published in the Register and Leader and the Des Moines Capital, March 22, 1911. W. C. HAYWARD, CHAPTER 53. CITIES UNDER COMMISSION PLAN OF GOVERNMENT. H. F. 512. AN ACT to amend section one thousand fifty-six-a-nineteen (1056-a-19) of chapter fourteen-C (14-C) of title five (V) of the supplement to the code, 1907, relating to the government of certain cities and acts amendatory thereof. Be it Enacted by the General Assembly of the State of Iowa: SECTION 1. Statutes applicable. That section 1056-a19 (1056-a19) of chapter 14-C (14-C) of the supplement to the code, 1907, be, and the same is hereby amended, by inserting after the word "code" and before the word "now" in the third line thereof, the words, "chapter sixty (60) of the laws of the thirtythird general assembly, and acts amendatory thereof". Approved April 11, A. D. 1911. LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY JOH. 54 CHAPTER 54. CITIES UNDER COMMISSION PLAN OF GOVERNMENT. H. F. 338. AN ACT to amend section eight (8) chapter sixty-four (64), acts of the thirty-third general assembly, and to repeal sub-divisions b, c and d of section one thousand fiftysix-a-thirty-two (1056-a-32) of the supplement to the code, 1907 and enact a substitute therefor, relating to the government of certain cities. Be it Enacted by the General Assembly of the State of Iowa: SECTION 1. Appointment of officers. Section eight, chapter sixty-four of the acts of the thirty-third general assembly be, and hereby is, amended by striking from line sixteen the words and language, to-wit: chief of the fire depart ment". SEC. 2. Repeal-civil service commission-examinations results certified -soldiers and sailors to have preference. Sub-divisions b, c, and d of section one thousand fifty-six-a32 of the supplement to the code, 1907 be, and hereby are, repealed and the following enacted as a substitute therefor "Such commission shall, on the first Monday of April and October of each year, or oftener if they shall deem it necessary, under such rules and regulations as it may prescribe, hold examinations for the purpose of determining the qualifications of applicants for positions, including applicants for position of chief of the fire department, and for positions in the fire and police department, which examinations shall be practical in their character and shall relate to such matters as will fairly test the fitness of the person examined to discharge the duties of the position to which he seeks to be appointed. Such commission shall, as soon as possible after every such examination, certify to the city council the names of ten persons for each department who, according to its records, have the highest standing for the positions they seek to fill, as a result of such examination, and all vacancies in positions under civil service which shall occur before the holding of the next examination shall be filled from said list so certified; provided, however, if the list for any cause shall be reduced to less than three for any division or department, then the superintendent of the proper department may temporarily fill a vacancy until the next examination of the commission. In all examinations and appointments under the provisions of this act, honorably discharged soldiers, sailors or marines of the regular or volunteer army or navy of the United States shall be given a preference if otherwise qualified. "SEC. 3. Removals and discharges-appeal-hearing-witnesses-annual report-rules and regulations. All persons subject to such civil service examination shall be subject to removal from office or employment by majority vote of such civil service commission for misconduct or failure to properly perform their duties under such rules and regulations as may be adopted by the council. The chief of police, the chief of the fire department, or any superintendent or foreman in charge of municipal work, may peremtorily suspend or discharge any subordinate then under his direction for neglect of duty, disobedience of orders or misconduct, but shall, within twenty-four hours thereafter, report such suspension or discharge, with the reason therefor, to the superintendent of his department, who shall thereupon affirm or revoke such suspension or discharge according to the merits under the facts in the case. Every officer or employe so suspended or discharged and whose suspension or discharge has been affirmed, or the officer or person so suspending or discharging a subordinate when such suspension or discharge has been revoked, as the case may be, may, within five days from the affirmance or CH. 54] LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY revocation of any such suspension or discharge, appeal therefrom to the civil service commission, if the person taking the appeal was subject to such civil service, otherwise to the city council, and such commission or council, as the case may be, shall fully hear and determine the appeal upon the merits of the case, and if it be determined that any such suspension or discharge was unwarranted the appellant shall be reinstated, otherwise it shall be affirmed. Any such appeal may be taken by serving upon the proper department superintendent or his secretary or clerk a notice in writing, within said time, specifying the ruling appealed from, which notice shall be signed by the person taking the appeal. A true copy of such notice of appeal shall be filed with the chairman of the civil service commission or mayor, as the case may be. Within five days from the service of such notice of appeal, the proper department superintendent shall file with the civil service commission, or city council, as the case may be, a written specification of the charges or grounds upon which the affirmance or revocation of the suspension or discharge appealed from was based. Within five days after such specifications are filed as aforesaid the commission or council, as the case may be, shall fix the time and place for hearing the appeal and notify the appellant in writing of the time and place so fixed, which notice shall contain a copy of the specifications so filed. The time for hearing any such appeal shall not be fixed earlier than five days nor later than twenty days from the filing of such specifications. The council and commission shall have the power to enforce the attendance of witnesses, the production of books and papers, and to administer oaths in the same manner and with like effect, and under same penalties, as in the case of magistrates exercising criminal or civil jurisdiction under the statutes of Iowa. The hearings on such appeals shall be public and appellant may be represented by counsel. The council or commission, as the case may be, shall issue subpoenas for such witnesses as appellant may designate, which shall be signed by the mayor or chairman of the commission, as the case may be. Such commission shall make annual report to the council and it may require a special report from such commission at any time. Such commission may prescribe such rules and regulations for the proper conduct of its business as shall be found expedient and advisable. "SEC. 4. Commission to appoint chief of fire department-qualifications of employes. Such commission shall appoint a chief of the fire department, but the tenure of any person holding such position at this time shall not be affected by this section; provided, however, that such officer may be removed for cause in accordance with the provisions of the next preceding section. No person shall be employed in any capacity in the fire or police department unless he is a citizen of the United States and has been a resident of such city more than one year and is of good moral character and can read and write the English language and is not addicted to the use of intoxicating liquors as a beverage. Nothing in this act shall be construed as limiting the powers conferred upon the city council and its members in section one thousand fifty-six-a25 of the supplement to the code, 1907. "SEC. 5. Political contributions-penalty. No member of the fire or police department in any such city shall directly or indirectly contribute any money or anything of value to any candidate for nomination or election to any office or to any campaign or political committee. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall pay a fine of not less than twenty-five dollars nor more than one hundred dollars, or be imprisoned in the county jail not to exceed thirty days." Approved April 13, A. D. 1911. LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY [CH. 56 CHAPTER 55. CITIES UNDER THE COMMISSION PLAN OF GOVERNMENT. H. F. 262. AN ACT concerning the commission plan of government in certain cities, additional to chapter fourteen-C (14-C) title five (5) of the supplement to the code, 1907, and chapter sixty-four (64) of the laws of the thirty-third (33d) general assembly. Be it Enacted by the General Assembly of the State of Iowa: SECTION 1. Rights of cities not affected by reduction of population. Whenever any city shall have been heretofore or may be hereafter organized on the commission plan under the provisions of title five (V), chapter fourteen-C (14-C) of the supplement to the code, 1907, as amended by chapter sixty-four (64) of the laws of the thirty-third general assembly, no reduction of the population of such city shown by a subsequent census shall have any effect upon the organization, rights, powers, duties or obligations of such city or any of its officers, but the same shall continue and remain as though no such reduction or apparent reduction of population was made to appear. Approved March 22, A. D. 1911. CHAPTER 56. CHANGE OF NAMES OF STREETS. H. F. 217. AN ACT authorizing cities and towns and cities acting under special charter to change the names of streets and provide for the filing of same with the county officers. [Additional to title five (V) of the code, relating to city and town government.] Be it Enacted by the General Assembly of the State of Iowa: SECTION 1. Change of name of street authorized-procedure. Cities and towns, and cities acting under special charter, shall have authority to change by ordinance the name of a platted street. The mayor and city or town clerk shall certify and file the ordinance after its passage with the county recorder and county auditor in the county where the said city or town is located, which shall be entered of record in the recorder's office and a reference made on the margin of the original plat referring to the record of such change of names. SEC. 2. In effect. This act being deemed of immediate importance shall take effect and be in force from and after its publication in the Register and Leader and the Des Moines Capital, newspapers published at Des Moines, Iowa. Approved March 16, A. D. 1911. I hereby certify that the foregoing act was published in the Register and Leader and the Des Moines Capital March 18, 1911. W. C. HAYWARD, |