SF 2054 (LSB 5036XS (4) 85)

SENATE FILE 2054

BY  JOCHUM

A BILL FOR

An Act relating to confidential employees under the state merit system and including effective date and retroactive applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 8A.412, subsection 16, Code 2014, is amended to read as follows:
   16.  All confidential employees as defined in section 8A.412A.
    Sec. 2.  NEW SECTION.  8A.412A  Confidential employee defined.

   1.  For an employee hired before December 19, 2012, “confidential employee” pursuant to section 8A.412, subsection 16, means the personal secretary of an elected official of the executive branch or a person appointed to fill a vacancy in an elective office, the chair of a full-time board or commission, or the director of a state agency; as well as the nonprofessional staff in the office of the auditor of state, and the nonprofessional staff in the department of justice except those reporting to the administrator of the consumer advocate division.
   2.  For an employee hired on or after December 19, 2012, “confidential employee” pursuant to section 8A.412, subsection 16, means the same as provided in subsection 1, except for an employee notified in writing before the employee accepts employment that the employee will be excluded from the merit system due to the employee’s status as a confidential employee.
    Sec. 3.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of immediate importance, takes effect upon enactment.
    Sec. 4.  RETROACTIVE APPLICABILITY.  This Act applies retroactively to January 1, 2013.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   Current law provides that confidential employees are excluded from the state merit system. This bill provides that the definition of “confidential employee” established by rule before December 19, 2012, applies to employees hired before that date. That definition stated that “confidential employee” means the personal secretary of an elected official of the executive branch or a person appointed to fill a vacancy in an elective office, the chair of a full-time board or commission, or the director of a state agency; as well as the nonprofessional staff in the office of the auditor of state, and the nonprofessional staff in the department of justice except those reporting to the administrator of the consumer advocate division.
   The bill provides that the same definition applies to employees hired on or after December 19, 2012, except for an employee notified in writing before the employee accepts employment that the employee will be excluded from the merit system due to the employee’s status as a confidential employee. Effective December 19, 2012, department of administrative services rules contain an additional definition of “confidential employee” for an employee who is in a confidential relationship with a director, chief deputy administrative officer, division administrator, or a similar position, and at the same time is a part of the management team, legal team, or both, of that director, chief deputy administrative officer, division administrator, or similar position.
   The bill takes effect upon enactment. The bill applies retroactively to January 1, 2013.