Iowa Code

Iowa Code § 400.7 (2026)

Preference by service

✓ current as of July 2026

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1. An employee regularly serving in or holding a position when the position becomes subject to this chapter or when the position is reclassified by the city shall retain the position and have full civil service rights in the position under any of the following conditions:

a. The employee meets the minimum qualifications established for the position and has completed the required probationary period for the position.

b. The employee has served satisfactorily in the position for a period equal to the probationary period of the position, and passes a qualifying noncompetitive examination for the position but does not meet the minimum qualifications established for the position.

2. An employee who has not completed the required probationary period but who otherwise meets the minimum qualifications established for the position or who passes a qualifying noncompetitive examination for the position shall receive full civil service rights in the position upon the completion of the probationary period.

3. Appointments made after the time this chapter becomes applicable in a city are subject to this chapter. [SS15, §1056-a32; C24, 27, 31, 35, 39, §5695; C46, 50, 54, 58, 62, 66, 71, 73, §365.7; C75, 77, 79, 81, §400.7] 86 Acts, ch 1138, §4; 97 Acts, ch 162, §4; 2010 Acts, ch 1061, §180 Referred to in §28D.6, 400.17 \n

Notes of Decisions

Cited in 3 cases, 1989–2010 · leading case: McBride v. City of Sioux City, 444 N.W.2d 85 (Iowa 1989).

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McBride v. City of Sioux City, 444 N.W.2d 85 (Iowa 1989). · cites it 6× “This section allows employees to be “grandfathered” under the chapter 400 umbrella if their positions were not covered by a civil service classification at the time of their hire, but the position later becomes a civil service position by reclassification or the adoption of a…”

Cent. Iowa Pub. Emp. Council v. City of Des Moines, 439 N.W.2d 170 (Iowa 1989). · cites it 8× “Iowa Code section 400.7 provides for employees “regularly serving in or holding a position” when the position becomes subject to civil service coverage to retain their positions.”

Moore v. Davenport Civil Serv. Comm'n, 790 N.W.2d 809 (Iowa Ct. App. 2010). “§§ 400.7 (providing that an employee has full civil service rights under enumerated conditions and completion of the required probationary period), 400.”

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