COMPILED CODE - Iowa Legislature - State of Iowa

56
§1 679-al-G79-a2. SOLDIERS' PREFERENCE LAW. Tit. IV, Ch. 24.
SEC. 679-al. Preference in appointments and promotions—mandamus.
1 In every public department and upon all public works in the state
2 of Iowa, and of the counties, cities, towns, and school boards thereof,
3 honorably discharged soldiers, sailors, marines, and nurses from the
4 army and navy of the United States in the late civil war, Spanish-
5 American war, Philippine insurrection, China relief expedition, and
6 war with Germany, who are citizens and residents of this state, shall
7 be entitled to preference in appointment, employment and promotion
8 over other persons of equal qualifications, except in the position of
9 school teachers, and the persons thus preferred shall not be disqualified
10 from holding any position hereinbefore mentioned on account of their
11 age, or by reason of any physical disability, provided such age or dis-
12 ability does not render him or her incompetent to properly perform
13 the duties of the position applied for, and when such soldier, sailor,
14 marine or nurse shall apply for appointment or employment under this
15 chapter, the officer, board or person whose duty it is or may be to
16 appoint or employ some person to fill such position or place shall,
17 before appointing or employing anyone to fill such position or place,
18 make an investigation as to the qualifications of said soldier, sailor,
19 marine or nurse for such place or position, and if he be a man of good
20 moral character, or a woman of good moral character, and can per-
21 form the duties of said position so applied for as hereinbefore pro-
22 vided, said officer, board, or person shall appoint said soldier, sailor,
23 marine or nurse to such position, place or employment. A refusal to
24 allow the preference provided for in this and the next succeeding sec-
25 tion to any honorably discharged soldier, sailor, marine or nurse, or a
26 reduction of the compensation intended to bring about his or her
27 resignation or discharge, shall entitle such honorably discharged sol-
28 dier, sailor, marine or nurse to a right of action therefor in any court
29 of competent jurisdiction for mandamus for righting the wrong.
[S., '13, § 1056-al5; 39 G. A., ch. 166, § 2.]
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
SEC. 679-a2. Mandamus—removal—burden of proof—certiorari—
exceptions.
Any person whose rights may be in any way prejudiced contrary
to any of the provisions of this section shall be entitled to a writ of
mandamus to remedy the wrong. No person holding a position by
appointment or employment in the state of Iowa, or in the several
counties, cities, towns or school boards thereof, who is an honorably
discharged soldier, sailor, marine or nurse, having served in the wars
mentioned in the preceding section, 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. The
burden of proving incompetency or misconduct shall rest upon the
party alleging the same. Nothing in this chapter shall be construed to
apply to the position of private secretary or deputy of an official or
department, or to any person holding a strictly confidential relation to
the appointing officer.
[S., '13, § 1056-alÇ; 39 G. A., ch. 166, § 3.]