Smith v. Des Moines Civil Service Commission

CARTER, Justice.

The appellant, Jerry 0. Smith, a captain on the Des Moines Fire Department, challenged his July 18, 1994 discharge by appeal to the Des Moines Civil Service Commission (the commission). The City of Des Moines (the city) challenged the authority of the commission to grant him relief for what the city maintained was a “nondisciplinary discharge” based on physical fitness requirements related to a cardiopulmonary test. We rejected that contention in City of Des Moines v. Civil Service Commission, 540 N.W.2d 52 (Iowa 1995). In the proceedings following that decision, the…