Iowa Code

Iowa Code § 400.13 (2026)

Chief of police and chief of fire department

✓ current as of July 2026

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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 \n Tue Dec 09 22:13:07 2025 Iowa Code 2026, Chapter 400 (37, 2) 9 CIVIL SERVICE, §400.15\n\ncomparable 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 \n

Notes of Decisions

Cited in 6 cases, 1977–2019 · leading case: LaPeters v. City of Cedar Rapids, 263 N.W.2d 734 (Iowa 1978).

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LaPeters v. City of Cedar Rapids, 263 N.W.2d 734 (Iowa 1978). · cites it 3× “§§ 400.13, 400.14, The Code. Pursuant to § 400.”

City of Fort Dodge v. Janvrin, 372 N.W.2d 209 (Iowa 1985). · cites it 14× “See Iowa Code § 400.13 (1981). The city council asserted this position was in conflict with section 3.”

State Ex Rel. Johnson v. Allen, 569 N.W.2d 143 (Iowa 1997). · cites it 4× “shall appoint the marshal or chief of police except where an intergovernmental agreement makes other provisions for police protection or as otherwise provided in section 400.13 [civil service].” 1 The county attorney claims this statute requires that the mayor appoint a police…”

Airport Comm'n for the Cedar Rapids v. Schade, 257 N.W.2d 500 (Iowa 1977). “See §§ 400.13, 400.17. The safety force is not within such a department but is a part of and subject to the airport commission.”

Chauffeurs, Local Union No. 238 v. Civil Serv. Comm'n, 449 N.W.2d 374 (Iowa 1989). · cites it 12× “Their complaint is that, under Iowa Code section 400.13 (1987), Torgerson was improperly denied an opportunity to take a written examination for the position of police chief.”

City of Davenport v. Lynn Washburn-Livingston (Iowa Ct. App. 2019). · cites it 14× “Iowa Code § 400.13 (1). Section 400.142 clarifies that a person with civil service status retains their status when appointed chief; however, civil service rights do not flow from the position of chief.”

— Iowa Code § 400.13(1) — 1 case

City of Davenport v. Lynn Washburn-Livingston (Iowa Ct. App. 2019). “Iowa Code § 400.13 (1). Section 400.142 clarifies that a person with civil service status retains their status when appointed chief; however, civil service rights do not flow from the position of chief.”

— Iowa Code § 400.13(2) — 1 case

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