Senate File 121 - Introduced SENATE FILE 121 BY GARRETT , CHAPMAN , SCHULTZ , BEHN , SINCLAIR , COSTELLO , CHELGREN , SCHNEIDER , GUTH , ROZENBOOM , FEENSTRA , KAPUCIAN , JOHNSON , SEGEBART , ZAUN , KRAAYENBRINK , BERTRAND , SHIPLEY , ANDERSON , BREITBACH , ZUMBACH , and SMITH A BILL FOR An Act concerning government accountability, relating to state 1 employee bonuses, and personnel records and settlement 2 agreements and disciplinary actions, and including effective 3 date and retroactive applicability provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1815XS (4) 86 ec/rj

S.F. 121 DIVISION I 1 PERSONNEL RECORDS AND SETTLEMENT AGREEMENTS 2 Section 1. Section 22.7, subsection 11, paragraph a, Code 3 2015, is amended to read as follows: 4 a. Personal information in confidential personnel records 5 of government bodies relating to identified or identifiable 6 individuals who are officials, officers, or employees of the 7 government bodies. However, the following information relating 8 to such individuals contained as of or after January 1, 2004, 9 in personnel records shall be public records: 10 (1) The name and compensation of the individual including 11 any written agreement establishing compensation or any other 12 terms of employment excluding any information otherwise 13 excludable from public information pursuant to this section or 14 any other applicable provision of law. For purposes of this 15 paragraph, “compensation” means payment of, or agreement to pay, 16 any money, thing of value, or financial benefit conferred in 17 return for labor or services rendered by an official, officer, 18 or employee plus the value of benefits conferred including but 19 not limited to casualty, disability, life, or health insurance, 20 other health or wellness benefits, vacation, holiday, and sick 21 leave, severance payments, retirement benefits, and deferred 22 compensation. 23 (2) The dates the individual was employed by the government 24 body. 25 (3) The positions the individual holds or has held with the 26 government body. 27 (4) The educational institutions attended by the 28 individual, including any diplomas and degrees earned, and 29 the names of the individual’s previous employers, positions 30 previously held, and dates of previous employment. 31 (5) The fact that the individual resigned in lieu of 32 termination, was discharged , or was demoted as the result 33 of a final disciplinary action upon the exhaustion of all 34 applicable contractual, legal, and statutory remedies , and the 35 -1- LSB 1815XS (4) 86 ec/rj 1/ 6

S.F. 121 documented reasons and rationale for the resignation in lieu 1 of termination, the discharge, or the demotion . For purposes 2 of this subparagraph, “demoted” and “demotion” mean a change 3 of an employee from a position in a given classification to a 4 position in a classification having a lower pay grade. 5 Sec. 2. NEW SECTION . 70A.35 Personnel settlement agreements 6 —— public employers. 7 1. For purposes of this section: 8 a. “Personnel settlement agreement” means a binding legal 9 agreement between an employee and the employee’s state employer 10 to resolve a personnel dispute including but not limited to a 11 grievance. “Personnel settlement agreement” does not include 12 an initial decision by an employee’s immediate supervisor 13 concerning a personnel dispute or grievance. 14 b. “State employer” means any of the following: 15 (1) The executive branch of state government, to include 16 a unit of state government, which is an authority, board, 17 commission, committee, council, department, or independent 18 agency as defined in section 7E.4, including but not limited 19 to each principal central department enumerated in section 20 7E.5; the office of the governor; and the office of an elective 21 constitutional or statutory officer. 22 (2) The general assembly, or any office or unit under its 23 administrative authority. 24 (3) The judicial branch, as provided in section 602.1102. 25 2. Personnel settlement agreements shall not contain any 26 confidentiality or nondisclosure provision that attempts to 27 prevent the disclosure of the personnel settlement agreement. 28 In addition, any confidentiality or nondisclosure provision in 29 a personnel settlement agreement is void and unenforceable. 30 3. The requirements of this section shall not be superseded 31 by any provision of a collective bargaining agreement. 32 4. All personnel settlement agreements shall be made easily 33 accessible to the public on an internet site maintained as 34 follows: 35 -2- LSB 1815XS (4) 86 ec/rj 2/ 6

S.F. 121 a. For personnel settlement agreements with an employee of 1 the executive branch, excluding an employee of the state board 2 of regents or institution under the control of the state board 3 of regents, by the department of administrative services. 4 b. For personnel settlement agreements with an employee of 5 the state board of regents or institution under the control of 6 the state board of regents, by the state board of regents. 7 c. For personnel settlement agreements with an employee of 8 the general assembly, by the general assembly. 9 d. For personnel settlement agreements with an employee of 10 the judicial branch, by the judicial branch. 11 Sec. 3. IMPLEMENTATION PROVISION. This division of this 12 Act shall not be construed to limit or impair the ability of 13 law enforcement personnel to investigate any activity that may 14 violate the laws of the state. 15 Sec. 4. EFFECTIVE UPON ENACTMENT. This division of this 16 Act, being deemed of immediate importance, takes effect upon 17 enactment. 18 Sec. 5. RETROACTIVE APPLICABILITY. The section of this 19 division of this Act amending section 22.7, subsection 11, 20 applies retroactively to all information described in section 21 22.7, subsection 11, paragraph “a”, subparagraphs (1) through 22 (5), as amended by this division of this Act, relating to 23 information of such individuals contained as of or after 24 January 1, 2004, in personnel records. 25 DIVISION II 26 STATE EMPLOYEE BONUSES 27 Sec. 6. NEW SECTION . 22.13A Executive branch bonuses —— 28 disclosure. 29 1. For purposes of this section: 30 a. “Bonus pay” means any additional remuneration provided an 31 employee in the form of a bonus, including but not limited to a 32 retention bonus, recruitment bonus, exceptional job performance 33 pay, extraordinary job performance pay, exceptional performance 34 pay, extraordinary duty pay, or extraordinary or special duty 35 -3- LSB 1815XS (4) 86 ec/rj 3/ 6

S.F. 121 pay, and any extra benefit not otherwise provided to other 1 similarly situated employees. 2 b. “Executive branch employee” means an employee of the 3 executive branch of state government, which includes any 4 unit of state government, including but not limited to an 5 authority, board, commission, committee, council, department, 6 or independent agency as defined in section 7E.4, and each 7 principal central department enumerated in section 7E.5; 8 the office of the governor; and the office of an elective 9 constitutional or statutory officer. 10 2. A decision to provide bonus pay to an executive branch 11 employee, including the amount paid and the documented reasons 12 and rationale for the bonus paid, shall be a public record. 13 3. All decisions to provide bonus pay to an executive branch 14 employee, including information described in subsection 2, 15 shall be made easily accessible to the public on an internet 16 site maintained as follows: 17 a. For decisions to provide bonus pay to an employee of the 18 executive branch, excluding an employee of the state board of 19 regents or institution under the control of the state board of 20 regents, by the department of administrative services. 21 b. For decisions to provide bonus pay to an employee of the 22 state board of regents or institution under the control of the 23 state board of regents, by the state board of regents. 24 Sec. 7. EFFECTIVE UPON ENACTMENT. This division of this 25 Act, being deemed of immediate importance, takes effect upon 26 enactment. 27 EXPLANATION 28 The inclusion of this explanation does not constitute agreement with 29 the explanation’s substance by the members of the general assembly. 30 This bill concerns government accountability and government 31 employment practices. 32 PERSONNEL RECORDS AND SETTLEMENT AGREEMENTS. This division 33 of the bill relates to personal information in confidential 34 personnel records of government bodies and personnel settlement 35 -4- LSB 1815XS (4) 86 ec/rj 4/ 6

S.F. 121 agreements. 1 Code section 22.7(11), governing personal information 2 in confidential personnel records of government bodies, 3 is amended. Previous legislation, effective May 12, 2011, 4 provides that certain information in confidential personnel 5 records is considered a public record. The bill provides 6 that this information in a confidential personnel record as 7 of or after January 1, 2004, is a public record. The bill 8 further amends this subsection to provide that information 9 in an official’s, officer’s, or employee’s personnel records 10 concerning the fact that such an individual resigned in 11 lieu of termination or was demoted as the result of a final 12 disciplinary action by a government body and the documented 13 reasons and rationale for any resignation in lieu of 14 termination, discharge, or demotion against an individual 15 are public records and not confidential. Under current law, 16 only the fact in a personnel record that the individual was 17 discharged is considered a public record and not confidential. 18 The amendments to this subsection take effect upon enactment 19 and apply retroactively to information contained as of or after 20 January 1, 2004, in personnel records. 21 New Code section 70A.35 provides that personnel settlement 22 agreements between the state and an employee of the state shall 23 not contain any confidentiality or nondisclosure provisions 24 that attempt to prevent the disclosure of the personnel 25 settlement agreement and shall be made available to the public 26 on an internet site. In addition, the bill provides that any 27 confidentiality or nondisclosure provision in a personnel 28 settlement agreement is not enforceable. New Code section 29 70A.35 is applicable to employees of a state employer and 30 defines a personnel settlement agreement as a binding legal 31 agreement between an employee and the employee’s state employer 32 to resolve a personnel dispute including but not limited to 33 certain grievances. The bill defines “state employer” to 34 include the executive, legislative, and judicial branches 35 -5- LSB 1815XS (4) 86 ec/rj 5/ 6

S.F. 121 of government. The bill provides that the internet site be 1 maintained by the department of administrative services, 2 board of regents, general assembly, or judicial branch, as 3 applicable, based on the employee covered. The bill also 4 provides that the requirements of this new provision shall not 5 be superseded by any collective bargaining agreement. These 6 provisions of this division of this bill take effect upon 7 enactment. 8 The division further provides that this division of the bill 9 shall not be construed to limit the ability of law enforcement 10 personnel to investigate any activity that may violate state 11 law. 12 STATE EMPLOYEE BONUSES. This division of the bill concerns 13 executive branch bonuses. New Code section 22.13A requires 14 that information concerning bonus pay awarded to an executive 15 branch employee in any amount, including the name of the 16 employee, the amount paid and the reasons for the bonus, shall 17 be made easily accessible to the public on an internet site. 18 This division of the bill takes effect upon enactment. 19 -6- LSB 1815XS (4) 86 ec/rj 6/ 6