Senate File 2045 - Introduced SENATE FILE 2045 BY TAYLOR A BILL FOR An Act requiring state employees at fault for an employment 1 action resulting in an award of relief to an aggrieved state 2 employee to pay a civil penalty equal to the cost of the 3 relief awarded and including applicability provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5026XS (5) 85 je/rj

S.F. 2045 Section 1. NEW SECTION . 70A.21 Award of relief to state 1 employee —— determination of fault —— recovery by state employer 2 —— civil penalty. 3 1. For purposes of this section: 4 a. “State employee” means an individual employed by a state 5 employer. 6 b. “State employer” means the state of Iowa, or any of its 7 boards, commissions, agencies, or departments. 8 2. If a finder of fact in a grievance resolution process 9 pursuant to section 8A.415, subsection 2, or to a collective 10 bargaining agreement, or in a civil or administrative action 11 pursuant to section 70A.28, subsection 5 or 6, awards a 12 state employee any form of relief, the finder of fact shall 13 also, as part of the same proceeding, determine which other 14 state employee or other state employees were at fault for the 15 discharge or other action taken against the aggrieved state 16 employee for which relief is awarded. If the finder of fact 17 determines that multiple state employees were at fault, the 18 finder of fact shall determine the percentage of the total 19 fault allocated to each employee. 20 3. A state employee determined to be at fault pursuant to 21 subsection 2 is liable to the state employer of the aggrieved 22 state employee for a civil penalty equal to the cost of the 23 relief awarded to the aggrieved state employee. If multiple 24 state employees were determined to be at fault, each employee 25 shall be liable for a percentage of the cost equal to the 26 employee’s percentage of the total fault. The state employer 27 or the attorney general may commence a civil action to recover 28 the amount of the civil penalty, including reasonable attorney 29 fees and costs. The civil penalty recovered shall be retained 30 by the state employer as a repayment receipt as defined in 31 section 8.2 and used in the support of the state employer’s 32 board, commission, agency, or department. 33 4. Chapter 669 shall not apply to state employee claims made 34 pursuant to this section. 35 -1- LSB 5026XS (5) 85 je/rj 1/ 2

S.F. 2045 Sec. 2. APPLICABILITY. This Act applies to collective 1 bargaining agreements entered into on and after the effective 2 date of this Act. 3 EXPLANATION 4 The inclusion of this explanation does not constitute agreement with 5 the explanation’s substance by the members of the general assembly. 6 This bill requires a finder of fact, in a grievance 7 resolution process under the state merit system or provided 8 for in a collective bargaining agreement or in a civil or 9 administrative action pursuant to the state whistleblower law, 10 who awards a state employee any form of relief to also, as part 11 of the same proceeding, determine which other state employee 12 or other state employees were at fault for the discharge or 13 other action taken against the aggrieved state employee for 14 which relief is awarded. If multiple state employees are 15 determined to be at fault, the bill requires the finder of fact 16 to determine the percentage of the total fault allocated to 17 each employee. 18 The bill imposes liability on a state employee so determined 19 to be at fault for a civil penalty equal to the cost of the 20 relief awarded to the aggrieved state employee. If multiple 21 state employees are determined to be at fault, each employee 22 is liable for a percentage of the cost equal to the employee’s 23 percentage of the total fault. The bill permits the state 24 employer or the attorney general to commence a civil action to 25 recover the amount of the civil penalty, including reasonable 26 attorney fees and costs. The state employer retains any 27 recovered civil penalty as a repayment receipt to be used for 28 the state employer’s use. 29 The Iowa tort claims Act, Code chapter 669, does not apply 30 to the bill. 31 The bill applies to collective bargaining agreements entered 32 into on and after the effective date of the bill. 33 -2- LSB 5026XS (5) 85 je/rj 2/ 2