1. The commission shall, at such times as shall be found necessary, under such rules as shall be prescribed and published in advance by the commission, and posted in the city hall, hold competitive promotional examinations for the purpose of determining the qualifications of applicants for promotion to a higher grade under civil service, which examinations shall be practical in character, and shall relate to such matters as will fairly test the ability of the applicant to discharge the duties of the position to which the applicant seeks promotion.
2. The commission shall establish guidelines for conducting the examinations under subsection 1. The commission shall hire persons with expertise to prepare and administer the examinations approved by the commission for the position in the city for which the applicant is taking the examination. It may also hire persons with expertise to consult in the preparation of such examinations if the persons so hired are employed to aid personnel of the commission in assuring that a fair examination is conducted. A fair examination shall explore the competence of the applicant in the particular field of examination. The names of persons approved to administer any examination under this section shall be posted in the city hall at least twenty-four hours prior to the examination.
3. Vacancies in civil service promotional grades shall be filled by lateral transfer, voluntary demotion, or promotion of employees of the city to the extent that the city employees qualify for the positions. When laterally transferred, voluntarily demoted, or promoted, an employee shall hold full civil service rights in the position. If an employee of the city does not pass the promotional examination and otherwise qualify for a vacated position, or if an employee of the city does not apply for a vacated position, an entrance examination may be used to fill the vacancy.\n\nTue Dec 09 22:13:07 2025 Iowa Code 2026, Chapter 400 (37, 2) §400.9, CIVIL SERVICE 6\n\n 4. If there is a certified list of qualified candidates for a promotional appointment, the following procedures shall be followed:
a. A publication stating that interviews are being scheduled to make a new certified list to fill a vacancy in a civil service promotional grade classification shall be posted for at least five working days before the closing date for the interviews in the same locations where examination notices are posted.
b. An employee who wishes to voluntarily demote or to laterally transfer into a vacancy and has previously been or is currently in the classification where the vacancy exists shall notify the civil service commission of the employee’s interest in the vacant position. The employee shall be added to the list of candidates to be interviewed and considered for the vacancy.
5. If there is no certified list of qualified candidates for a promotional appointment, the following procedures shall be followed:
a. When an examination announcement is posted to make a certified list of qualified candidates, the announcement shall also state that an employee who has been or is currently employed in the classification where the vacancy exists may notify the civil service commission of the employee’s interest in the vacant position. Upon notification, the employee shall be added to the list of candidates for an interview and consideration for the vacant position.
b. All civil service employees of a city who meet the minimum qualifications for a classification shall have the right to compete in the civil service examination process to establish a certified list of qualified candidates. [C31, 35, §5696-d1; C39, §5696.1; C46, 50, 54, 58, 62, 66, 71, 73, §365.9; C75, 77, 79, 81, §400.9] 86 Acts, ch 1138, §5; 88 Acts, ch 1085, §1, 2; 97 Acts, ch 162, §5; 2009 Acts, ch 111, §3; 2021 Acts, ch 183, §56 \n
Notes of Decisions
Goodell v. Humboldt Cnty., 575 N.W.2d 486 (Iowa 1998).
· cites it 4× “Iowa Code section 400.9 gives the civil service commission the power to conduct promotional examinations for the purpose of "determining the qualifications of applicants for promotion to a higher grade under civil service.”
Patch v. Civ. Serv. Com'n of City of Des Moines, 295 N.W.2d 460 (Iowa 1980).
· cites it 18× “They alleged that the test did not conform to the mandate of section 400.9, The Code, and that the Commission violated its own rules in setting the cutoff point in the examination scores and in limiting examination of their answer sheets.”
Bogue v. Ames Civil Serv. Comm'n, 368 N.W.2d 111 (Iowa 1985).
· cites it 10× “See Iowa Code § 400.9 (3) (1983): Hereafter, all vacancies in the civil service grades above the lowest in each shall be filled by promotion of subordinates when such subordinates qualify *113 as eligible, and when so promoted, they shall hold such position with full civil…”
Sioux City Police Officers' Ass'n v. City of Sioux City, 495 N.W.2d 687 (Iowa 1993).
· cites it 4× “The anti-nepotism policy is in irreconcilable conflict with Iowa Code sections 400.9 and 400.16-400.19 and is in excess of the City’s “home rule” authority under Iowa Code sections 364.”
Sieg v. Civ. Serv. Com'n of West Des Moines, 342 N.W.2d 824 (Iowa 1983).
· cites it 2× “8 ; on competitive promotional exams, Iowa Code § 400.9 ; and to certify names of qualified applicants to the appointing power, Iowa Code § 400 .”
Mummelthie v. City of Mason City, 873 F. Supp. 1293 (N.D. Iowa 1995).
· cites it 2× “Iowa Code § 400.9 provides only that qualified civil service employees have a right to compete for vacancies and promotions.”
Bryan v. City of Des Moines, 261 N.W.2d 685 (Iowa 1978).
· cites it 2× “Plaintiffs contend authority to impose promotional requirements is vested exclusively in the civil service commission because of its *687 statutory duty to “hold competitive promotional examinations for the purpose of determining the qualifications of applicants for promotion to…”
Patch v. Civil Serv. Comm'n of Des Moines, 295 N.W.2d 460 (Iowa 1980).
· cites it 14× “They alleged that the test did not conform to the mandate of section 400.9, The Code, and that the Commission violated its own rules in setting the cutoff point in the examination scores and in limiting examination of their answer sheets.”
Iowa Code § 400.9(1): 2 cases
Patch v. Civ. Serv. Com'n of City of Des Moines, 295 N.W.2d 460 (Iowa 1980).
“They alleged that the test did not conform to the mandate of section 400.9, The Code, and that the Commission violated its own rules in setting the cutoff point in the examination scores and in limiting examination of their answer sheets.”
Patch v. Civil Serv. Comm'n of Des Moines, 295 N.W.2d 460 (Iowa 1980).
“They alleged that the test did not conform to the mandate of section 400.9, The Code, and that the Commission violated its own rules in setting the cutoff point in the examination scores and in limiting examination of their answer sheets.”
Iowa Code § 400.9(2): 2 cases
Patch v. Civ. Serv. Com'n of City of Des Moines, 295 N.W.2d 460 (Iowa 1980).
“They alleged that the test did not conform to the mandate of section 400.9, The Code, and that the Commission violated its own rules in setting the cutoff point in the examination scores and in limiting examination of their answer sheets.”
Patch v. Civil Serv. Comm'n of Des Moines, 295 N.W.2d 460 (Iowa 1980).
“They alleged that the test did not conform to the mandate of section 400.9, The Code, and that the Commission violated its own rules in setting the cutoff point in the examination scores and in limiting examination of their answer sheets.”
Iowa Code § 400.9(3): 1 case
Bogue v. Ames Civil Serv. Comm'n, 368 N.W.2d 111 (Iowa 1985).
“See Iowa Code § 400.9 (3) (1983): Hereafter, all vacancies in the civil service grades above the lowest in each shall be filled by promotion of subordinates when such subordinates qualify *113 as eligible, and when so promoted, they shall hold such position with full civil…”
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