Iowa Code » Chapter 341A — CIVIL SERVICE FOR DEPUTY COUNTY SHERIFFS

Iowa Code § 341A.12

Discipline — hearing — appeals

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1. No person in the classified civil service who has been permanently appointed or inducted into civil service under provisions of this chapter shall be removed, suspended, or demoted except for cause, and only upon written accusation of the county sheriff, which shall be served upon the accused, and a duplicate filed with the commission. Any person so removed, suspended, or reduced in rank or grade may, within ten days after presentation to the person of the order of removal, suspension or reduction, appeal to the commission from such order. The commission shall, within two weeks from the filing of such appeal, hold a hearing thereon, and fully hear and determine the matter, and either affirm, modify, or revoke such order. The appellant shall be entitled to appear in person, produce evidence, and to have counsel. The finding and decision of the commission shall be certified to the sheriff, and shall be enforced and followed by the sheriff, but under no condition shall the employee who has appealed to the commission be permanently removed, suspended, or reduced in rank until such finding and decision of the commission is certified to the sheriff pursuant to the rules of civil procedure. 2. The county or the accused may appeal from the commission’s finding and decision to the district court of the county where the accused resides. Such appeal shall be taken by serving upon the commission within thirty days after the entry of its finding and decision, a written notice of appeal, stating the grounds thereof, and demanding that a certified transcript of the record and of all papers on file in the office of the commission affecting or relating to its finding and decision, be filed by the commission with the court. The commission shall, within ten days after the filing of the notice make, certify, and file such transcript with the court. The court shall proceed to hear and determine the appeal in a summary manner. Such hearing shall be confined to the determination of whether the finding and decision of the commission to affirm, modify, or revoke the order of the sheriff was made in good faith and for cause, and\n\nTue Dec 09 22:14:39 2025 Iowa Code 2026, Chapter 341A (22, 0) §341A.12, CIVIL SERVICE FOR DEPUTY COUNTY SHERIFFS 6\n\nno appeal shall be taken except upon such grounds. The decision of the district court may be appealed to the supreme court. [C75, 77, 79, 81, §341A.12] 2007 Acts, ch 58, §1; 2008 Acts, ch 1031, §46 Referred to in §80F.1 Internal investigations and rights of peace officers and public safety and emergency personnel, see §80F.1

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Notes of Decisions
Cited in 19 cases (3 in the last 5 years), 1981–2025 · leading case: Haberer v. Woodbury County
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Haberer v. Woodbury County (1997) iowa · cites it 24× “See Iowa Code § 341A.12. The district court therefore had authority to hear and decide the case according to the principles set out in section 341A.”
Kucera v. Baldazo (2008) iowa · cites it 7× “” Iowa Code § 341A.12. Baldazo did not file such an appeal.”
Hawkinson v. Louisa County Civil Service Commission (1988) iowa · cites it 16× “Iowa Code § 341A.12 (emphasis added). We have not previously been asked to consider the scope of appellate review afforded by section 341 A.”
Norton v. Adair County (1989) iowa · cites it 6× “Iowa Code § 341A.12. We think *362 Norton’s remedy would have been limited in these circumstances to the statutory remedy in section 341A.”
Crooks v. Lynch (2009) ca8 “Subsequent documentation demonstrates the Commission rendered its decision on June 19, 2008, which Crooks appealed to the Iowa state courts in accordance with Iowa Code § 341A.12. This appeal remains pending.”
Smith v. Korf, Diehl, Clayton & Cleverley (1981) iowa · cites it 2× “The Jasper County Civil Service Commission, acting pursuant to section 341A.12, The Code 1975, found the firing was proper, and the district court affirmed on judicial review.”
Howard F. Haberer v. David Amick (1999) ca8 “Pursuant to Iowa Code § 341A.12, appellant appealed to the state district court, again raising the constructive discharge and withdrawal of resignation issues.”
Currans v. Linn County Civil Service Commission (1995) iowactapp · cites it 6× “Currans appealed to the district court pursuant to Iowa Code section 341A.12. She claimed her suspension was not made in good faith and for cause as required by statute.”
LaWALL v. PIMA COUNTY MERIT COMMISSION And SCAMMON (2006) arizctapp “The controlling statute, Iowa Code Ann. § 341A.12, permitted an employee’s removal “only upon written accusation.”
Board of Directors of the Starmont Community School District v. Banke (1991) iowa “27 (appeals of disciplinary actions of civil servants); § 341A.12 (appeals of disciplinary actions of deputy county sheriffs); § 441.”
Smith v. Updegraff (1984) ca8 “Moreover, as we stated earlier, because the Jasper County Court’s review was limited by Iowa Code § 341A.12, it could not consider the issues of conspiracy and deprivation of constitutional rights; the review was limited to evidence before the Commission offered in support of…”
Dan Charleston v. Polk County Civil Service Commission (2019) iowactapp · cites it 4× “The court rejected Charleston’s claim he did not receive a fair hearing, reasoning he “has not produced direct, compelling evidence that any of the commissioners held biases and prejudices against him that should have disqualified their service on the commission.”
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— Iowa Code § 341A.12(2) — 1 case
Dan Charleston v. Polk County Civil Service Commission (2019) iowactapp “The court rejected Charleston’s claim he did not receive a fair hearing, reasoning he “has not produced direct, compelling evidence that any of the commissioners held biases and prejudices against him that should have disqualified their service on the commission.”
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