SF 2255 (LSB 5795SV (1) 86)

SENATE FILE 2255

BY  COMMITTEE ON STATE GOVERNMENT

(SUCCESSOR TO SF 2202)

A BILL FOR

An Act concerning department of administrative services’ procedures regarding the designation of individuals as ineligible for state employment and sanctions for violations of competitive bidding procedures.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 8A.311, Code 2016, is amended by adding the following new subsection:
   NEW SUBSECTION.  23.  The director shall establish by rule sanctions for violations of competitive bidding procedures including but not limited to requirements governing the bidding process for a particular procurement or contract. Sanctions shall include fines and, for an employee of an agency, possible suspension, dismissal, or demotion.
    Sec. 2.  NEW SECTION.  8A.403  State agency employment —— designation-of-ineligibility procedures.
   1.  The department may designate an individual as ineligible to apply for; to be considered, referred, or approved for; or to be appointed to employment by a state agency for any of the following reasons:
   a.  The individual knowingly misrepresented the facts when submitting information relating to an application, examination, certification, appeal, or any other facet of the selection process for employment by a state agency.
   b.  The individual used or attempted to use coercion, bribery, or other illegal means to secure an advantage in the application, examination, appeal, or selection process for employment by a state agency.
   c.  The individual was convicted of a crime that is shown to have a direct relationship to the duties of the job class or position for which the individual wishes to be considered.
   d.  The individual is proven to be an unrehabilitated substance abuser who would be unable to perform the duties of the job class or position for which the individual wishes to be considered or who would constitute a threat to state property or to the safety of others.
   e.  The individual is not a United States citizen and does not have a valid permit to work in the United States under regulations issued by the United States citizenship and immigration services.
   f.  The individual was terminated from employment by a state agency for creating a hostile work environment.
   g.  The individual was sanctioned pursuant to rules adopted by the director pursuant to section 8A.311 for a violation of competitive bidding procedures including but not limited to requirements governing the bidding process for a particular procurement or contract.
   2.  The department shall do all of the following upon a determination that an individual is ineligible as provided in subsection 1:
   a.  Notify the individual in writing within five working days following the designation of ineligibility for employment by a state agency. The notification shall include information regarding the extent of the individual’s ineligibility and the process for the individual to appeal, remove, or modify the designation of ineligibility.
   b.  Maintain documentation of the designation of ineligibility, the extent of the individual’s ineligibility for employment by a state agency, proof of notification of the individual, and any information concerning any appeals regarding the designation.
   c.  Upon request by an individual determined to be ineligible, review whether the designation of ineligibility of the individual should be removed or modified and to notify the individual, in writing, if the designation of ineligibility is removed or modified.
   3.  An individual designated as ineligible as provided by this section may file a written appeal to the employment appeal board in the department of inspections and appeals for a review of the action. The written appeal must be filed with the board within sixty days following the notice of initial designation of ineligibility.
   4.  The department shall adopt rules pursuant to chapter 17A to administer this section including establishment of a procedure for an individual, following the time for filing an appeal, to apply to the department for removal or modification of a designation of ineligibility.
    Sec. 3.  DESIGNATION OF INELIGIBILITY —— NOTIFICATION REQUIREMENTS.  Individuals designated as ineligible to apply for; to be considered, referred, or approved for; or to be appointed to employment by a state agency, prior to the effective date of this Act, shall be notified, in writing, by the department of administrative services that they have been designated as ineligible and of their rights relative to that designation as provided in this Act.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill concerns procedures of the department of administrative services (DAS) relating to sanctions for violations of competitive bidding procedures and state employee hiring.
   Code section 8A.311, concerning competitive bidding procedures, is amended to require the director of DAS to establish sanctions for violations of competitive bidding procedures. The bill provides that sanctions shall include fines and, for state agency employees, possible suspension, dismissal, or demotion.
   New Code section 8A.403 requires DAS to establish procedures for designating an individual as ineligible to apply for or to be considered or approved for or appointed to employment with a state agency. The bill describes the permissible reasons for designating an individual as ineligible, provides for notice to the individual within five days following the designation of ineligibility, and requires that documentation of the designation be maintained by DAS.
   The bill provides for the ability of an individual to appeal the designation of ineligibility and for the ability of the individual to request that the department review the designation of ineligibility. 
   The bill also provides that individuals designated as ineligible as of the effective date of the bill be notified of this designation by the department in writing and of their rights under the bill.