No person holding a public position by appointment or employment, and belonging to
any of the classes of persons to whom a preference is granted under this chapter, shall be
removed from such position or employment except for incompetency or misconduct shown
after a hearing, upon due notice, upon stated charges, and with the right of such employee
or appointee to a review by a writ of certiorari or at such person’s election, to judicial review
in accordance with the terms of the Iowa administrative procedure Act, chapter 17A, if that
is otherwise applicable to their case. Upon removal from such position or employment, the
person shall be provided written notification of the right of such employee or appointee to a
review by a writ of certiorari or judicial review. A review by a writ of certiorari shall be filed
within three hundred days of the removal of the employee or appointee.
[S13, §1056-a16; C24, 27, 31, 35, 39, §1163; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81,
§70.6]
C93, §35C.6
2003 Acts, ch 44, §114; 2017 Acts, ch 29, §27; 2020 Acts, ch 1050, §3
\n
Notes of Decisions
Cited in
13
cases (
5 in the last 5 years), 2000–2023 · leading case:
O'MALLEY v. Gundermann, 618 N.W.2d 286 (Iowa 2000).
O'MALLEY v. Gundermann, 618 N.W.2d 286 (Iowa 2000).
· cites it 18× “Robert O’Malley filed a petition for writ of certiorari pursuant to Iowa Code section 35C.6 (1997) and an application to vacate pursuant to Iowa Code section 679A.”
Stammeyer v. Div. of Narcotics Enf't of the Iowa Dep't of Pub. Saf., 721 N.W.2d 541 (Iowa 2006).
· cites it 6× “” Section 35C.6 states: No person holding a public position by appointment or employment, and belonging to any of the classes of persons to whom a preference is herein granted, shall be removed from such position or employment except for incompetency or misconduct shown after a…”
Kern v. Saydel Cmty. Sch. Dist., 637 N.W.2d 157 (Iowa 2001).
· cites it 14× “The basis for his claim is the alleged failure of the school district to provide a hearing on his proposed termination as required by the Iowa Veterans Preference Law, Iowa Code § 35C.6 (1997). After reviewing the record and considering the arguments presented, we affirm the…”
Glandon v. Keokuk Cnty. Health Ctr., 408 F. Supp. 2d 759 (S.D. Iowa 2005).
· cites it 7× “On January 13, 2004, Glandon filed a lawsuit in the Iowa District Court for Keokuk County in which he brought two causes of action: wrongful termination in violation of Iowa’s Veterans Preference statute, Iowa Code § 35C.6 (Count I) and a common law claim of retaliatory…”
Benjamin Varela v. City of Muscatine (Iowa Ct. App. 2021).
· cites it 14× “§ 35C.6. The City of Muscatine (City) terminated Benjamin Varela, a Muscatine police officer and a veteran, without a pre-termination hearing.”
Tommy Marion Copeland v. State of Iowa & Iowa Air Nat'l Guard (Iowa Ct. App. 2022).
· cites it 8× “He argued that his termination was illegal because he was not “given a hearing alleging incompetence or misconduct or an opportunity to respond to any allegations” as required by Iowa Code section 35C.6. In resistance to Copeland’s petition, the State and Air National Guard did…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.