SF 176 (LSB 2311XS (1) 88)

SENATE FILE 176

BY  T. TAYLOR, BISIGNANO, BOLKCOM, BOULTON, CELSI, DANIELSON, DOTZLER, HOGG, JOCHUM, KINNEY, LYKAM, MATHIS, PETERSEN, QUIRMBACH, RAGAN, J. SMITH, R. TAYLOR, and WAHLS

A BILL FOR

An Act concerning employment matters involving public employees including collective bargaining, educator employment matters, personnel records and settlement agreements, city civil service requirements, and health insurance matters, and including effective date, applicability, and transition provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I
PUBLIC EMPLOYEE COLLECTIVE BARGAINING

    Section 1.  Section 20.3, subsections 11 and 13, Code 2019, are amended by striking the subsections.
    Sec. 2.  Section 20.6, subsection 1, Code 2019, is amended to read as follows:
   1.  Administer Interpret, apply, and administer the provisions of this chapter.
    Sec. 3.  Section 20.6, subsections 6 and 7, Code 2019, are amended by striking the subsections.
    Sec. 4.  Section 20.7, subsection 2, Code 2019, is amended to read as follows:
   2.  Hire, evaluate, promote, demote, transfer, assign, and retain public employees in positions within the public agency.
    Sec. 5.  Section 20.8, subsection 5, Code 2019, is amended by striking the subsection.
    Sec. 6.  Section 20.9, Code 2019, is amended by striking the section and inserting in lieu thereof the following:
   20.9  Scope of negotiations.
   1.  The public employer and the employee organization shall meet at reasonable times, including meetings reasonably in advance of the public employer’s budget-making process, to negotiate in good faith with respect to wages, hours, vacations, insurance, holidays, leaves of absence, shift differentials, overtime compensation, supplemental pay, seniority, transfer procedures, job classifications, health and safety matters, evaluation procedures, procedures for staff reduction, in-service training, and other matters mutually agreed upon. Negotiations shall also include terms authorizing dues checkoff for members of the employee organization and grievance procedures for resolving any questions arising under the agreement, which shall be embodied in a written agreement and signed by the parties. If an agreement provides for dues checkoff, a member’s dues may be checked off only upon the member’s written request and the member may terminate the dues checkoff at any time by giving thirty days’ written notice. Such obligation to negotiate in good faith does not compel either party to agree to a proposal or make a concession.
   2.  Nothing in this section shall diminish the authority and power of the department of administrative services, board of regents’ merit system, Iowa public broadcasting board’s merit system, or any civil service commission established by constitutional provision, statute, charter, or special act to recruit employees, prepare, conduct and grade examinations, rate candidates in order of their relative scores for certification for appointment or promotion or for other matters of classification, reclassification or appeal rights in the classified service of the public employer served.
   3.  All retirement systems shall be excluded from the scope of negotiations.
    Sec. 7.  Section 20.10, subsection 3, paragraph j, Code 2019, is amended by striking the paragraph.
    Sec. 8.  Section 20.12, subsection 5, Code 2019, is amended to read as follows:
   5.  If an employee organization or any of its officers is held to be in contempt of court for failure to comply with an injunction pursuant to this section, or is convicted of violating this section, the employee organization shall be immediately decertified, shall cease to represent the bargaining unit, shall cease to receive any dues by checkoff, and may again be certified only after twenty-four twelve months have elapsed from the effective date of decertification and only if after a new petition for certification pursuant to compliance with section 20.14 is filed and a new certification election pursuant to section 20.15 is held. The penalties provided in this section may be suspended or modified by the court, but only upon request of the public employer and only if the court determines the suspension or modification is in the public interest.
    Sec. 9.  Section 20.15, Code 2019, is amended by striking the section and inserting in lieu thereof the following:
   20.15  Elections.
   1.  Upon the filing of a petition for certification of an employee organization, the board shall submit a question to the public employees at an election in the bargaining unit found appropriate by the board. The question on the ballot shall permit the public employees to vote for no bargaining representation or for any employee organization which has petitioned for certification or which has presented proof satisfactory to the board of support of ten percent or more of the public employees in the appropriate unit.
   2.  If a majority of the votes cast on the question is for no bargaining representation, the public employees in the bargaining unit found appropriate by the board shall not be represented by an employee organization. If a majority of the votes cast on the question is for a listed employee organization, then that employee organization shall represent the public employees in the bargaining unit found appropriate by the board.
   3.  If none of the choices on the ballot receive the vote of a majority of the public employees voting, the board shall conduct a runoff election among the two choices receiving the greatest number of votes.
   4.  Upon written objections filed by any party to the election within ten days after notice of the results of the election, if the board finds that misconduct or other circumstances prevented the public employees eligible to vote from freely expressing their preferences, the board may invalidate the election and hold a second election for the public employees.
   5.  Upon completion of a valid election in which the majority choice of the employees voting is determined, the board shall certify the results of the election and shall give reasonable notice of the order to all employee organizations listed on the ballot, the public employers, and the public employees in the appropriate bargaining unit.
   6.  a.  A petition for certification as exclusive bargaining representative of a bargaining unit shall not be considered by the board for a period of one year from the date of the noncertification of an employee organization as the exclusive bargaining representative of that bargaining unit following a certification election. A petition for certification as the exclusive bargaining representative of a bargaining unit shall also not be considered by the board if the bargaining unit is at that time represented by a certified exclusive bargaining representative.
   b.  A petition for the decertification of the exclusive bargaining representative of a bargaining unit shall not be considered by the board for a period of one year from the date of its certification, or within one year of its continued certification following a decertification election, or during the duration of a collective bargaining agreement which, for purposes of this section, shall be deemed not to exceed two years. However, if a petition for decertification is filed during the duration of a collective bargaining agreement, the board shall award an election under this section not more than one hundred eighty days and not less than one hundred fifty days prior to the expiration of the collective bargaining agreement. If an employee organization is decertified, the board may receive petitions under section 20.14, provided that no such petition and no election conducted pursuant to such petition within one year from decertification shall include as a party the decertified employee organization.
   c.  A collective bargaining agreement with the state, its boards, commissions, departments, and agencies shall be for two years. The provisions of a collective bargaining agreement or arbitrator’s award affecting state employees shall not provide for renegotiations which would require the refinancing of salary and fringe benefits for the second year of the term of the agreement, except as provided in section 20.17, subsection 6. The effective date of any such agreement shall be July 1 of odd-numbered years, provided that if an exclusive bargaining representative is certified on a date which will prevent the negotiation of a collective bargaining agreement prior to July 1 of odd-numbered years for a period of two years, the certified collective bargaining representative may negotiate a one-year contract with the public employer which shall be effective from July 1 of the even-numbered year to July 1 of the succeeding odd-numbered year when new contracts shall become effective.
    Sec. 10.  Section 20.17, subsection 8, Code 2019, is amended by striking the subsection and inserting in lieu thereof the following:
   8.  The salaries of all public employees of the state under a merit system and all other fringe benefits which are granted to all public employees of the state shall be negotiated with the governor or the governor’s designee on a statewide basis, except those benefits which are not subject to negotiations pursuant to the provisions of section 20.9.
    Sec. 11.  Section 20.17, Code 2019, is amended by adding the following new subsection:
   NEW SUBSECTION.  8A.  A public employee or any employee organization shall not negotiate or attempt to negotiate directly with a member of the governing board of a public employer if the public employer has appointed or authorized a bargaining representative for the purpose of bargaining with the public employees or their representative, unless the member of the governing board is the designated bargaining representative of the public employer.
    Sec. 12.  Section 20.22, subsections 2, 3, 7, 9, and 10, Code 2019, are amended to read as follows:
   2.  Each party shall serve its final offer on each of the impasse items upon the other party within four days of the board’s receipt of the request for arbitration, or by a deadline otherwise agreed upon by the parties. The parties may continue to negotiate all offers until an agreement is reached or an award is rendered by the arbitrator. The full costs of arbitration under this section shall be shared equally by the parties to the dispute.
   3.  The submission of the impasse items to the arbitrator shall be limited to those items upon which the parties have not reached agreement. With respect to each such item, the arbitrator’s award shall be restricted to the final offers on each impasse item submitted by the parties to the arbitrator, except as provided in subsection 10, paragraph “b”.
   7.  For an arbitration involving a bargaining unit that has at least thirty percent of members who are public safety employees, the The arbitrator shall consider and specifically address in the arbitrator’s determination, in addition to any other relevant factors, the following factors:
   a.  Past collective bargaining contracts between the parties including the bargaining that led up to such contracts.
   b.  Comparison of wages, hours, and conditions of employment of the involved public employees with those of other public employees doing comparable work, giving consideration to factors peculiar to the area and the classifications involved.
   c.  The interests and welfare of the public, the ability of the public employer to finance economic adjustments, and the effect of such adjustments on the normal standard of services.
   d.  The power of the public employer to levy taxes and appropriate funds for the conduct of its operations.
   9.  a.  The arbitrator may administer oaths, examine witnesses and documents, take testimony and receive evidence, and issue subpoenas to compel the attendance of witnesses and the production of records. The arbitrator may petition the district court at the seat of government or of the county in which the hearing is held to enforce the order of the arbitrator compelling the attendance of witnesses and the production of records.
   b.  Except as required for purposes of the consideration of the factors specified in subsection 7, paragraphs “a” through “c”, and subsection 8, paragraph “a”, subparagraphs (1) through (3), the parties shall not introduce, and the arbitrator shall not accept or consider, any direct or indirect evidence regarding any subject excluded from negotiations pursuant to section 20.9.
   10.  a.  The arbitrator shall select within fifteen days after the hearing the most reasonable offer, in the arbitrator’s judgment, of the final offers on each impasse item submitted by the parties.
   b.  (1)  However, for an arbitration involving a bargaining unit that does not have at least thirty percent of members who are public safety employees, with respect to any increase in base wages, the arbitrator’s award shall not exceed the lesser of the following percentages in any one-year period in the duration of the bargaining agreement:
   (a)  Three percent.
   (b)  A percentage equal to the increase in the consumer price index for all urban consumers for the midwest region, if any, as determined by the United States department of labor, bureau of labor statistics, or a successor index. Such percentage shall be the change in the consumer price index for the twelve-month period beginning eighteen months prior to the month in which the impasse item regarding base wages was submitted to the arbitrator and ending six months prior to the month in which the impasse item regarding base wages was submitted to the arbitrator.
   (2)  To assist the parties in the preparation of their final offers on an impasse item regarding base wages, the board shall provide information to the parties regarding the change in the consumer price index for all urban consumers for the midwest region for any twelve-month period. The department of workforce development shall assist the board in preparing such information upon request.
    Sec. 13.  Section 20.22, subsection 8, Code 2019, is amended by striking the subsection.
    Sec. 14.  Section 20.26, subsection 4, Code 2019, is amended to read as follows:
   4.  Nothing in this section shall be construed to prohibit voluntary contributions by individuals to political parties or candidates, provided that such contributions are not made through payroll deductions.
    Sec. 15.  Section 20.29, Code 2019, is amended to read as follows:
   20.29  Filing agreement —— public access —— internet site.
   1.  Collective bargaining agreements shall be in writing and shall be signed by the parties.
   2.  A copy of a collective bargaining agreement entered into between a public employer and a certified employee organization and made final under this chapter shall be filed with the board by the public employer within ten days of the date on which the agreement is entered into.
   3.  Copies of collective bargaining agreements entered into between the state and the state employees’ bargaining representatives and made final under this chapter shall be filed with the secretary of state and be made available to the public at cost.
   4.  The board shall maintain an internet site that allows searchable access to a database of collective bargaining agreements and other collective bargaining information.
    Sec. 16.  Section 20.30, Code 2019, is amended by striking the section and inserting in lieu thereof the following:
   20.30  Supervisory member —— no reduction before retirement.   A supervisory member of any department or agency employed by the state of Iowa shall not be granted a voluntary reduction to a nonsupervisory rank or grade during the six months preceding retirement of the member. A member of any department or agency employed by the state of Iowa who retires in less than six months after voluntarily requesting and receiving a reduction in rank or grade from a supervisory to a nonsupervisory position shall be ineligible for a benefit to which the member is entitled as a nonsupervisory member but is not entitled as a supervisory member.   The provisions of this section shall be effective during the collective bargaining agreement in effect from July 1, 1979, to June 30, 1981.
    Sec. 17.  Section 20.31, subsection 2, unnumbered paragraph 1, Code 2019, is amended to read as follows:
   A mediator shall not be required to testify in any judicial, administrative, arbitration, or grievance proceeding regarding any matters occurring in the course of a mediation, including any verbal or written communication or behavior, other than facts relating exclusively to the timing or scheduling of mediation. A mediator shall not be required to produce or disclose any documents, including notes, memoranda, or other work product, relating to mediation, other than documents relating exclusively to the timing or scheduling of mediation. This subsection shall not apply in any of the following circumstances:
    Sec. 18.  Section 22.7, subsection 69, Code 2019, is amended to read as follows:
   69.  The evidence of public employee support for the certification, retention and recertification, or decertification of an employee organization as defined in section 20.3 that is submitted to the public employment relations board as provided in section 20.14 or 20.15.
    Sec. 19.  Section 22.7, subsection 70, Code 2019, is amended by striking the subsection.
    Sec. 20.  Section 70A.17A, Code 2019, is amended by adding the following new subsection:
   NEW SUBSECTION.  3.  This section shall not affect a payroll deduction elected by a state employee pursuant to section 70A.19.
    Sec. 21.  Section 70A.19, Code 2019, is amended by striking the section and inserting in lieu thereof the following:
   70A.19  Duration of state payroll deduction for dues of employee organization member.   A state employee who elects a payroll deduction for membership dues to an employee organization pursuant to the provisions of a collective bargaining agreement negotiated under the provisions of chapter 20 shall maintain the deduction for a period of one year or until the expiration of the collective bargaining agreement, whichever occurs first. A state employee who transfers employment to a position covered by a different collective bargaining agreement or who becomes a management employee is not subject to this requirement. With respect to state employees, this section supersedes the provisions of section 20.9 allowing termination of a dues checkoff at any time but does not supersede the requirement for thirty days’ written notice of termination.
    Sec. 22.  Section 412.2, subsection 1, Code 2019, is amended to read as follows:
   1.  From the proceeds of the assessments on the wages and salaries of employees, of any such waterworks system, or other municipally owned and operated public utility, eligible to receive the benefits thereof.  Notwithstanding any provisions of section 20.9 to the contrary, a council, board of waterworks, or other board or commission which establishes a pension and annuity retirement system pursuant to this chapter, shall negotiate in good faith with a certified employee organization as defined in section 20.3, which is the collective bargaining representative of the employees, with respect to the amount or rate of the assessment on the wages and salaries of employees and the method or methods for payment of the assessment by the employees. 
    Sec. 23.  Section 602.1401, subsection 3, paragraph b, Code 2019, is amended to read as follows:
   b.  For purposes of chapter 20, the certified representative, which on July 1, 1983, represents employees who become judicial branch employees as a result of 
1983 Iowa Acts, ch. 186
, shall remain the certified representative when the employees become judicial branch employees and thereafter, unless the public employee organization is not retained and recertified or is decertified in an election held under section 20.15 or amended or absorbed into another certified organization pursuant to chapter 20. Collective bargaining negotiations shall be conducted on a statewide basis and the certified employee organizations which engage in bargaining shall negotiate on a statewide basis, although bargaining units shall be organized by judicial district. The public employment relations board shall adopt rules pursuant to chapter 17A to implement this subsection.
    Sec. 24.  REPEAL.  Sections 20.32 and 20.33, Code 2019, are repealed.
    Sec. 25.  TRANSITION PROCEDURES —— DEADLINE —— EMERGENCY RULES.
   1.  As of the effective date of this division of this Act, parties, mediators, and arbitrators engaging in any collective bargaining procedures provided for in chapter 20, Code 2019, who have not, before the effective date of this division of this Act, completed such procedures, shall immediately terminate any such procedures in process. A collective bargaining agreement negotiated pursuant to such procedures in process shall not become effective. Parties, mediators, and arbitrators shall not engage in further collective bargaining procedures except as provided in this section. Such parties shall commence collective bargaining in accordance with section 20.17, as amended in this division of this Act. Such parties shall complete such bargaining not later than June 30, 2019, unless the parties mutually agree to a different deadline.
   2.  The public employment relations board shall adopt emergency rules under section 17A.4, subsection 3, and section 17A.5, subsection 2, paragraph “b”, to provide for procedures as deemed necessary to implement the provisions of this section and the rules shall be effective immediately upon filing unless a later date is specified in the rules. Such rules shall include but are not limited to alternative deadlines for completion of the procedures provided in sections 20.17 and 20.22, as amended by this division of this Act, and sections 20.19 and 20.20, which deadlines may be waived by mutual agreement of the parties.
   3.  The department of administrative services shall adopt emergency rules under section 17A.4, subsection 3, and section 17A.5, subsection 2, paragraph “b”, to provide for the implementation of section 70A.19, as amended by this division of this Act, and the rules shall be effective immediately upon filing unless a later date is specified in the rules.
    Sec. 26.  ELECTIONS —— DIRECTIVES TO PUBLIC EMPLOYMENT RELATIONS BOARD.
   1.  The public employment relations board shall cancel any elections scheduled or in process pursuant to section 20.15, subsection 2, Code 2019, as of the effective date of this Act.
   2.  Notwithstanding section 20.15, subsection 1, paragraph “c”, Code 2019, the public employment relations board shall consider a petition for certification of an employee organization as the exclusive representative of a bargaining unit for which an employee organization was not retained and recertified as the exclusive representative of that bargaining unit regardless of the amount of time that has elapsed since the retention and recertification election at which an employee organization was not retained or recertified. 
    Sec. 27.  EFFECTIVE DATE.  This division of this Act, being deemed of immediate importance, takes effect upon enactment.
    Sec. 28.  APPLICABILITY.  With the exception of the section of this division of this Act amending section 20.6, subsection 1, this division of this Act does not apply to collective bargaining agreements which have been ratified in a ratification election referred to in section 20.17, subsection 4, for which an arbitrator has made a final determination as described in section 20.22, subsection 11, or which have become effective, where such events occurred before the effective date of this division of this Act. This division of this Act applies to all collective bargaining procedures provided for in chapter 20 occurring on and after the effective date of this division of this Act and collective bargaining agreements for which a ratification election referred to in section 20.17, subsection 4, is held, for which an arbitrator makes a final determination as described in section 20.22, subsection 11, or which become effective on or after the effective date of this division of this Act.
DIVISION II
EDUCATOR EMPLOYMENT MATTERS

    Sec. 29.  Section 279.13, subsections 2 and 5, Code 2019, are amended to read as follows:
   2.  The contract shall remain in force and effect for the period stated in the contract and shall be automatically continued for equivalent periods except as modified or terminated by mutual agreement of the board of directors and the teacher or as modified or terminated in accordance with the provisions specified in this chapter. A contract shall not be offered by the employing board to a teacher under its jurisdiction prior to March 15 of any year. A teacher who has not accepted a contract for the ensuing school year tendered by the employing board may resign effective at the end of the current school year by filing a written resignation with the secretary of the board. The resignation must be filed not later than the last day of the current school year or the date specified by the employing board for return of the contract, whichever date occurs first. However, a teacher shall not be required to return a contract to the board or to resign less than twenty-one days after the contract has been offered.
   5.  Notwithstanding the other provisions of this section, a temporary contract may be issued to a teacher for a period of up to six months. Notwithstanding the other provisions of this section, a temporary contract may also be issued to a teacher to fill a vacancy created by a leave of absence in accordance with the provisions of section 29A.28, which contract shall automatically terminate upon return from military leave of the former incumbent of the teaching position. Temporary contracts and which contract shall not be subject to the provisions of sections 279.15 through 279.19, or section 279.27. A separate extracurricular contract issued pursuant to section 279.19A to a person issued a temporary contract under this section shall automatically terminate with the termination of the temporary contract as required under section 279.19A, subsection 8.
    Sec. 30.  Section 279.13, subsection 4, unnumbered paragraph 1, Code 2019, is amended to read as follows:
   For purposes of this section, sections 279.14, 279.15, 279.16 through 279.17, 279.19, and 279.27, unless the context otherwise requires, “teacher” includes the following individuals employed by a community college:
    Sec. 31.  Section 279.14, Code 2019, is amended to read as follows:
   279.14  Evaluation criteria and procedures.
   1.  The board shall establish evaluation criteria and shall implement evaluation procedures.  If an exclusive bargaining representative has been certified, the board shall negotiate in good faith with respect to evaluation procedures pursuant to chapter 20. 
   2.  The determination of standards of performance expected of school district personnel shall be reserved as an exclusive management right of the school board and shall not be subject to mandatory negotiations under chapter 20. Objections Notwithstanding chapter 20, objections to the procedures, use, or content of an evaluation in a teacher termination proceeding brought before the school board in a hearing held in accordance with section 279.16 or 279.27 shall not be subject to any the grievance procedures negotiated in accordance with chapter 20.  A school district shall not be obligated to process any evaluation grievance after service of a notice and recommendation to terminate an individual’s continuing teaching contract in accordance with this chapter. 
    Sec. 32.  Section 279.15, subsection 2, paragraph c, Code 2019, is amended to read as follows:
   c.  Within five days of the receipt of the written notice that the superintendent is recommending termination of the contract, the teacher may request, in writing to the secretary of the board, a private hearing with the board. The private hearing shall not be subject to chapter 21 and shall be held no sooner than twenty ten days and no later than forty twenty days following the receipt of the request unless the parties otherwise agree. The secretary of the board shall notify the teacher in writing of the date, time, and location of the private hearing, and at least ten five days before the hearing shall also furnish to the teacher any documentation which may be presented to the board at the private hearing and a list of persons who may address the board in support of the superintendent’s recommendation at the private hearing. At least seven three days before the hearing, the teacher shall provide any documentation the teacher expects to present at the private hearing, along with the names of any persons who may address the board on behalf of the teacher. This exchange of information shall be at the time specified unless otherwise agreed.
    Sec. 33.  Section 279.16, Code 2019, is amended by striking the section and inserting in lieu thereof the following:
   279.16  Private hearing —— decision —— record.
   1.  The participants at the private hearing shall be at least a majority of the members of the board, their legal representatives, if any, the superintendent, the superintendent’s designated representatives, if any, the teacher’s immediate supervisor, the teacher, the teacher’s representatives, if any, and the witnesses for the parties. The evidence at the private hearing shall be limited to the specific reasons stated in the superintendent’s notice of recommendation of termination. No participant in the hearing shall be liable for any damages to any person if any statement at the hearing is determined to be erroneous as long as the statement was made in good faith. The superintendent shall present evidence and argument on all issues involved and the teacher may cross-examine, respond and present evidence and argument in the teacher’s behalf relevant to all issues involved. Evidence may be by stipulation of the parties and informal settlement may be made by stipulation, consent, or default or by any other method agreed upon by the parties in writing. The board shall employ a certified shorthand reporter to keep a record of the private hearing. The proceedings or any part thereof shall be transcribed at the request of either party with the expense of transcription charged to the requesting party.
   2.  The presiding officer of the board may administer oaths in the same manner and with like effect and under the same penalties as in the case of magistrates exercising criminal or civil jurisdiction. The board shall cause subpoenas to be issued for such witnesses and the production of such books and papers as either the board or the teacher may designate. The subpoenas shall be signed by the presiding officer of the board.
   3.  In case a witness is duly subpoenaed and refuses to attend, or in case a witness appears and refuses to testify or to produce required books or papers, the board shall, in writing, report such refusal to the district court of the county in which the administrative office of the school district is located, and the court shall proceed with the person or witness as though the refusal had occurred in a proceeding legally pending before the court.
   4.  The board shall not be bound by common law or statutory rules of evidence or by technical or formal rules of procedure, but it shall hold the hearing in such manner as is best suited to ascertain and conserve the substantial rights of the parties. Process and procedure under sections 279.13 through 279.19 shall be as summary as reasonably may be.
   5.  At the conclusion of the private hearing, the superintendent and the teacher may file written briefs and arguments with the board within three days or such other time as may be agreed upon.
   6.  If the teacher fails to timely request a private hearing or does not appear at the private hearing, the board may proceed and make a determination upon the superintendent’s recommendation. If the teacher fails to timely file a request for a private hearing, the determination shall be not later than May 31. If the teacher fails to appear at the private hearing, the determination shall be not later than five days after the scheduled date for the private hearing. The board shall convene in open session and by roll call vote determine the termination or continuance of the teacher’s contract and, if the board votes to continue the teacher’s contract, whether to suspend the teacher with or without pay for a period specified by the board.
   7.  Within five days after the private hearing, the board shall, in executive session, meet to make a final decision upon the recommendation and the evidence as herein provided. The board shall also consider any written brief and arguments submitted by the superintendent and the teacher.
   8.  The record for a private hearing shall include:
   a.  All pleadings, motions and intermediate rulings.
   b.  All evidence received or considered and all other submissions.
   c.  A statement of all matters officially noticed.
   d.  All questions and offers of proof, objections and rulings thereon.
   e.  All findings and exceptions.
   f.  Any decision, opinion, or conclusion by the board.
   g.  Findings of fact shall be based solely on the evidence in the record and on matters officially noticed in the record.
   9.  The decision of the board shall be in writing and shall include findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. Each conclusion of law shall be supported by cited authority or by reasoned opinion.
   10.  When the board has reached a decision, opinion, or conclusion, it shall convene in open meeting and by roll call vote determine the continuance or discontinuance of the teacher’s contract and, if the board votes to continue the teacher’s contract, whether to suspend the teacher with or without pay for a period specified by the board. The record of the private conference and findings of fact and exceptions shall be exempt from the provisions of chapter 22. The secretary of the board shall immediately mail notice of the board’s action to the teacher.
    Sec. 34.  NEW SECTION.  279.17  Appeal by teacher to adjudicator.
   1.  If the teacher is no longer a probationary teacher, the teacher may, within ten days, appeal the determination of the board to an adjudicator by filing a notice of appeal with the secretary of the board. The notice of appeal shall contain a concise statement of the action which is the subject of the appeal, the particular board action appealed from, the grounds on which relief is sought and the relief sought.
   2.  Within five days following receipt by the secretary of the notice of appeal, the board or the board’s legal representative, if any, and the teacher or the teacher’s representative, if any, may select an adjudicator who resides within the boundaries of the merged area in which the school district is located. If an adjudicator cannot be mutually agreed upon within the five-day period, the secretary shall notify the chairperson of the public employment relations board by transmitting the notice of appeal, and the chairperson of the public employment relations board shall within five days provide a list of five adjudicators to the parties. Within three days from receipt of the list of adjudicators, the parties shall select an adjudicator by alternately removing a name from the list until only one name remains. The person whose name remains shall be the adjudicator. The parties shall determine by lot which party shall remove the first name from the list submitted by the chairperson of the public employment relations board. The secretary of the board shall inform the chairperson of the public employment relations board of the name of the adjudicator selected.
   3.  If the teacher does not timely request an appeal to an adjudicator, the decision, opinion, or conclusion of the board shall become final and binding.
   4.  a.  Within thirty days after filing the notice of appeal, or within further time allowed by the adjudicator, the board shall transmit to the adjudicator the original or a certified copy of the entire record of the private hearing which may be the subject of the petition. By stipulation of the parties to review the proceedings, the record of the case may be shortened. The adjudicator may require or permit subsequent corrections or additions to the shortened record.
   b.  The record certified and filed by the board shall be the record upon which the appeal shall be heard and no additional evidence shall be heard by the adjudicator. In such appeal to the adjudicator, especially when considering the credibility of witnesses, the adjudicator shall give weight to the fact findings of the board but shall not be bound by them.
   5.  Before the date set for hearing a petition for review of board action, which shall be within ten days after receipt of the record unless otherwise agreed or unless the adjudicator orders additional evidence be taken before the board, application may be made to the adjudicator for leave to present evidence in addition to that found in the record of the case. If it is shown to the adjudicator that the additional evidence is material and that there were good reasons for failure to present it in the private hearing before the board, the adjudicator may order that the additional evidence be taken before the board upon conditions determined by the adjudicator. The board may modify its findings and decision in the case by reason of the additional evidence and shall file that evidence and any modifications, new findings, or decisions, with the adjudicator and mail copies of the new findings or decisions to the teacher.
   6.  The adjudicator may affirm board action or remand to the board for further proceedings. The adjudicator shall reverse, modify, or grant any appropriate relief from the board action if substantial rights of the teacher have been prejudiced because the board action is any of the following:
   a.  In violation of a board rule or policy or contract.
   b.  Unsupported by a preponderance of the competent evidence in the record made before the board when that record is viewed as a whole.
   c.  Unreasonable, arbitrary or capricious or characterized by an abuse of discretion or a clearly unwarranted exercise of discretion.
   7.  The adjudicator shall, within fifteen days after the hearing, make a decision and shall give a copy of the decision to the teacher and the secretary of the board. The decision of the adjudicator shall become the final and binding decision of the board unless either party within ten days notifies the secretary of the board that the decision is rejected. The board may reject the decision by majority roll call vote, in open meeting, entered into the minutes of the meeting. The board shall immediately notify the teacher of its decision by certified mail. The teacher may reject the adjudicator’s decision by notifying the board’s secretary in writing within ten days of the filing of such decision.
   8.  All costs of the adjudicator shall be shared equally by the teacher and the board.
    Sec. 35.  Section 279.18, Code 2019, is amended by striking the section and inserting in lieu thereof the following:
   279.18  Appeal by either party to court.
   1.  If either party rejects the adjudicator’s decision, the rejecting party shall, within thirty days of the initial filing of such decision, appeal to the district court of the county in which the administrative office of the school district is located. The notice of appeal shall be immediately mailed by certified mail to the other party. The adjudicator shall transmit to the reviewing court the original or a certified copy of the entire record which may be the subject of the petition. By stipulation of all parties to the review proceedings, the record of such a case may be shortened. A party unreasonably refusing to stipulate to limit the record may be taxed by the court for the additional cost. The court may require or permit subsequent corrections or additions to the shortened record.
   2.  In proceedings for judicial review of the adjudicator’s decision, the court shall not hear any further evidence but shall hear the case upon the certified record. In such judicial review, especially when considering the credibility of witnesses, the court shall give weight to the fact findings of the board but shall not be bound by them. The court may affirm the adjudicator’s decision or remand to the adjudicator or the board for further proceedings upon conditions determined by the court. The court shall reverse, modify, or grant any other appropriate relief from the board decision or the adjudicator’s decision equitable or legal and including declaratory relief if substantial rights of the petitioner have been prejudiced because the action is any of the following:
   a.  In violation of constitutional or statutory provisions.
   b.  In excess of the statutory authority of the board or the adjudicator.
   c.  In violation of a board rule or policy or contract.
   d.  Made upon unlawful procedure.
   e.  Affected by other error of law.
   f.  Unsupported by a preponderance of the competent evidence in the record made before the board and the adjudicator when that record is viewed as a whole.
   g.  Unreasonable, arbitrary or capricious or characterized by an abuse of discretion or a clearly unwarranted exercise of discretion.
   3.  An aggrieved or adversely affected party to the judicial review proceeding may obtain a review of any final judgment of the district court by appeal to the supreme court. The appeal shall be taken as in other civil cases, although the appeal may be taken regardless of the amount involved.
   4.  For purposes of this section, unless the context otherwise requires, “rejecting party” shall include but not be limited to an instructor employed by a community college.
    Sec. 36.  Section 279.19, Code 2019, is amended by striking the section and inserting in lieu thereof the following:
   279.19  Probationary period.
   1.  The first three consecutive years of employment of a teacher in the same school district are a probationary period. However, if the teacher has successfully completed a probationary period of employment for another school district located in Iowa, the probationary period in the current district of employment shall not exceed one year. A board of directors may waive the probationary period for any teacher who previously has served a probationary period in another school district and the board may extend the probationary period for an additional year with the consent of the teacher.
   2.  a.  In the case of the termination of a probationary teacher’s contract, the provisions of sections 279.15 and 279.16 shall apply. However, if the probationary teacher is a beginning teacher who fails to demonstrate competence in the Iowa teaching standards in accordance with chapter 284, the provisions of sections 279.17 and 279.18 shall also apply.
   b.  The board’s decision shall be final and binding unless the termination was based upon an alleged violation of a constitutionally guaranteed right of the teacher or an alleged violation of public employee rights of the teacher under section 20.10.
   3.  Notwithstanding any provision to the contrary, the grievance procedures of section 20.18 relating to job performance or job retention shall not apply to a teacher during the first two years of the teacher’s probationary period. However, this subsection shall not apply to a teacher who has successfully completed a probationary period in a school district in Iowa.
    Sec. 37.  Section 279.19A, subsections 1, 2, 7, and 8, Code 2019, are amended to read as follows:
   1.  School districts employing individuals to coach interscholastic athletic sports shall issue a separate extracurricular contract for each of these sports. An extracurricular contract offered under this section shall be separate from the contract issued under section 279.13.  Wages for employees who coach these sports shall be paid pursuant to established or negotiated supplemental pay schedules. An extracurricular contract shall be in writing, and shall state the number of contract days for that sport, the annual compensation to be paid, and any other matters as may be mutually agreed upon. The contract shall be for a single school year.
   2.  a.  An extracurricular contract shall be continued automatically in force and effect for equivalent periods, except as modified or terminated by mutual agreement of the board of directors and the employee, or terminated in accordance with this section. An extracurricular contract shall initially be offered by the employing board to an individual on the same date that contracts are offered to teachers under section 279.13. An extracurricular contract may be terminated at the end of a school year pursuant to sections 279.15 through 279.19.  If the school district offers an extracurricular contract for a sport for the subsequent school year to an employee who is currently performing under an extracurricular contract for that sport, and the employee does not wish to accept the extracurricular contract for the subsequent year, the employee may resign from the extracurricular contract within twenty-one days after it has been received.
   b.  If the provisions of an extracurricular contract executed under this section conflict with a collective bargaining agreement negotiated under chapter 20 and effective when the extracurricular contract is executed or renewed, the provisions of the collective bargaining agreement shall prevail Section 279.13, subsection 3, applies to this section.
   7.  An extracurricular contract may be terminated prior to the expiration of that contract for any lawful reason following an informal, private hearing before the board of directors pursuant to section 279.27. The decision of the board to terminate an extracurricular contract shall be final.
   8.  a.  A termination proceeding regarding an extracurricular contract shall either by the board pursuant to subsection 2 or pursuant to section 279.27 does not affect a contract issued pursuant to section 279.13.
   b.  A termination of a contract entered into pursuant to section 279.13, or a resignation from that contract by the teacher, constitutes an automatic termination or resignation of the extracurricular contract in effect between the same teacher and the employing school board.
    Sec. 38.  Section 279.23, subsection 1, paragraph c, Code 2019, is amended to read as follows:
   c.  The rate of compensation per week of five consecutive days or month of four consecutive weeks.
    Sec. 39.  Section 279.23, subsection 5, Code 2019, is amended to read as follows:
   5.  Notwithstanding the other provisions of this section, a temporary contract may be issued to an administrator for up to nine months. Notwithstanding the other provisions of this section, a temporary contract may also be issued to an administrator to fill a vacancy created by a leave of absence in accordance with the provisions of section 29A.28, which contract shall automatically terminate upon return from military leave of the former incumbent of the administrator position. Temporary contracts and which contract shall not be subject to the provisions of sections 279.24 and 279.25.
    Sec. 40.  Section 279.24, subsections 2 and 4, Code 2019, are amended to read as follows:
   2.  If the board of directors is considering termination of an administrator’s contract, prior to any formal action, the board may arrange to meet in closed session, in accordance with the provisions of section 21.5, with the administrator and the administrator’s representative. The board shall review the administrator’s evaluation, review the reasons for nonrenewal, and give the administrator an opportunity to respond. If, following the closed session, the board of directors and the administrator are unable to mutually agree to a modification or termination of the administrator’s contract, or the board of directors may issue and the administrator are unable to mutually agree to enter into a one-year, nonrenewable contract, to the administrator. If the board of directors decides to terminate the administrator’s contract, the board shall follow the procedures in this section.
   4.  Administrators employed in a school district for less than three two consecutive years are probationary administrators. However, a school board may waive the probationary period for any administrator who has previously served a probationary period in another school district and the school board may extend the probationary period for an additional year with the consent of the administrator. If a school board determines that it should terminate a probationary administrator’s contract, the school board shall notify the administrator not later than May 15 that the contract will not be renewed beyond the current year. The notice shall be in writing by letter, personally delivered, or mailed by certified mail. The notification shall be complete when received by the administrator. Within ten days after receiving the notice, the administrator may request a private conference with the school board to discuss the reasons for termination. The school board’s decision to terminate a probationary administrator’s contract shall be final unless the termination was based upon an alleged violation of a constitutionally guaranteed right of the administrator.
    Sec. 41.  Section 279.24, subsection 5, paragraphs c, d, e, f, g, and h, Code 2019, are amended to read as follows:
   c.  Within five days after receipt of the written notice that the school board has voted to consider termination of the contract, the administrator may request a private hearing in writing to the secretary of the school board. The board shall then forward that the notification be forwarded to the board of educational examiners along with a request that the board of educational examiners submit a list of five qualified administrative law judges to the parties. Within three days from receipt of the list the parties shall select an administrative law judge by alternately removing a name from the list until only one name remains. The person whose name remains shall be the administrative law judge. The parties shall determine by lot which party shall remove the first name from the list. The private hearing shall be held no sooner than twenty ten days and not later than forty thirty days following the administrator’s request unless the parties otherwise agree. If the administrator does not request a private hearing, the school board, not later than May 31, may determine the continuance or discontinuance of the contract and, if the board determines to continue the administrator’s contract, whether to suspend the administrator with or without pay for a period specified by the board. School board action shall be by majority roll call vote entered on the minutes of the meeting. Notice of school board action shall be personally delivered or mailed to the administrator.
   d.  The administrative law judge selected shall notify the secretary of the school board and the administrator in writing concerning the date, time, and location of the private hearing. The school board may be represented by a legal representative, if any, and the administrator shall appear and may be represented by counsel or by representative, if any. Any witnesses for the parties at the private hearing shall be sequestered. A transcript or recording shall be made of the proceedings at the private hearing. A school board member or administrator is not liable for any damage to an administrator or school board member if a statement made at the private hearing is determined to be erroneous as long as the statement was made in good faith.
   e.  The administrative law judge shall, within ten days following the date of the private hearing, make a proposed decision as to whether or not the administrator should be dismissed, and shall give a copy of the proposed decision to the administrator and the school board. Findings of fact shall be prepared by the administrative law judge. The proposed decision of the administrative law judge shall become the final decision of the school board unless within thirty ten days after the filing of the decision the administrator files a written notice of appeal with the school board, or the school board on its own motion determines to review the decision.
   f.  If the administrator appeals to the school board, or if the school board determines on its own motion to review the proposed decision of the administrative law judge, a private hearing shall be held before the school board within ten five days after the petition for review, or motion for review, has been made or at such other time as the parties agree. The private hearing is not subject to chapter 21. The school board may hear the case de novo upon the record as submitted before the administrative law judge. In cases where there is an appeal from a proposed decision or where a proposed decision is reviewed on motion of the school board, an opportunity shall be afforded to each party to file exceptions, present briefs, and present oral arguments to the school board which is to render the final decision. The secretary of the school board shall give the administrator written notice of the time, place, and date of the private hearing. The school board shall meet within five days after the private hearing to determine the question of continuance or discontinuance of the contract and, if the board determines to continue the administrator’s contract, whether to suspend the administrator with or without pay for a period specified by the board or issue the administrator a one-year, nonrenewable contract. The school board shall make findings of fact which shall be based solely on the evidence in the record and on matters officially noticed in the record.
   g.  The decision of the school board shall be in writing and shall include findings of fact and conclusions of law, separately stated.  Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. Each conclusion of law shall be supported by cited authority or by reasoned opinion. 
   h.  When the school board has reached a decision, opinion, or conclusion, it shall convene in open meeting and by roll call vote determine the continuance or discontinuance of the administrator’s contract and, if the board votes to continue the administrator’s contract, whether to suspend the administrator with or without pay for a period specified by the board or issue the administrator a one-year, nonrenewable contract. The record of the private hearing conference and written decision of the board findings of fact and exceptions shall be exempt from the provisions of chapter 22. The secretary of the school board shall immediately personally deliver or mail notice of the school board’s action to the administrator.
    Sec. 42.  Section 279.27, Code 2019, is amended to read as follows:
   279.27  Discharge of teacher.
   1.  A teacher may be discharged at any time during the contract year for just cause. The superintendent or the superintendent’s designee, shall notify the teacher immediately that the superintendent will recommend in writing to the board at a regular or special meeting of the board held not more than fifteen days after notification has been given to the teacher that the teacher’s continuing contract be terminated effective immediately following a decision of the board. The procedure for dismissal shall be as provided in section 279.15, subsection 2, and sections 279.16 through 279.19. The superintendent may suspend a teacher under this section pending hearing and determination by the board.
   2.  For purposes of this section, “just cause” includes but is not limited to a violation of the code of professional conduct and ethics of the board of educational examiners if the board has taken disciplinary action against a teacher, during the six months following issuance by the board of a final written decision and finding of fact after a disciplinary proceeding.
    Sec. 43.  Section 284.3, subsection 2, Code 2019, is amended to read as follows:
   2.  A school board shall provide for the following:
   a.  For purposes of comprehensive evaluations, standards and criteria which measure a beginning teacher’s performance against the Iowa teaching standards specified in subsection 1, and the criteria for the Iowa teaching standards developed by the department in accordance with section 256.9,  to determine whether the teacher’s practice meets the requirements specified for a career teacher. These standards and criteria shall be set forth in an instrument provided by the department. The comprehensive evaluation and instrument are not subject to negotiations or grievance procedures pursuant to chapter 20 or determinations made by the board of directors under section 279.14.  A local school board and its certified bargaining representative may negotiate, pursuant to chapter 20, evaluation and grievance procedures for beginning teachers that are not in conflict with this chapter. If, in accordance with section 279.19, a beginning teacher appeals the determination of a school board to an adjudicator under section 279.17, the adjudicator selected shall have successfully completed training related to the Iowa teacher standards, the criteria adopted by the state board in accordance with subsection 3, and any additional training required under rules adopted by the public employment relations board in cooperation with the state board. 
   b.  For purposes of performance reviews for teachers other than beginning teachers, evaluations that contain, at a minimum, the Iowa teaching standards specified in subsection 1, as well as the criteria for the Iowa teaching standards developed by the department in accordance with section 256.9, subsection 42.  A local school board and its certified bargaining representative may negotiate, pursuant to chapter 20, additional teaching standards and criteria. A local school board and its certified bargaining representative shall negotiate, pursuant to chapter 20, evaluation and grievance procedures for teachers other than beginning teachers that are not in conflict with this chapter. 
    Sec. 44.  Section 284.4, subsection 1, paragraph b, subparagraphs (2) and (5), Code 2019, are amended to read as follows:
   (2)  Monitor the evaluation requirements of this chapter to ensure evaluations are conducted in a fair and consistent manner throughout the school district or agency. The committee shall In addition to any negotiated evaluation procedures, develop model evidence for the Iowa teaching standards and criteria. The model evidence will minimize paperwork and focus on teacher improvement. The model evidence will determine which standards and criteria can be met with observation and which evidence meets multiple standards and criteria.
   (5)  Determine Ensure the agreement negotiated pursuant to chapter 20 determines the compensation for teachers on the committee for work responsibilities required beyond the normal work day.
    Sec. 45.  Section 284.8, subsections 2 and 3, Code 2019, are amended to read as follows:
   2.  If a supervisor or an evaluator determines, at any time, as a result of a teacher’s performance that the teacher is not meeting district expectations under the Iowa teaching standards specified in section 284.3, subsection 1, paragraphs “a” through “h”, and the criteria for the Iowa teaching standards developed by the department in accordance with section 256.9, subsection 42, and any other standards or criteria established in the collective bargaining agreement, the evaluator shall, at the direction of the teacher’s supervisor, recommend to the district that the teacher participate in an intensive assistance program. The intensive assistance program and its implementation are not subject to negotiation and grievance procedures established pursuant to chapter 20. All school districts shall be prepared to offer an intensive assistance program.
   3.  A teacher who is not meeting the applicable standards and criteria based on a determination made pursuant to subsection 2 shall participate in an intensive assistance program. However, a teacher who has previously participated in an intensive assistance program relating to particular Iowa teaching standards or criteria shall not be entitled to participate in another intensive assistance program relating to the same standards or criteria and shall be subject to the provisions of subsection 4.
    Sec. 46.  Section 284.8, Code 2019, is amended by adding the following new subsection:
   NEW SUBSECTION.  2A.  If a teacher is denied advancement to the career II or advanced teacher level based upon a performance review, the teacher may appeal the decision to an adjudicator under the process established under section 279.17. However, the decision of the adjudicator is final.
    Sec. 47.  Section 284.8, subsection 4, Code 2019, is amended by striking the subsection.
    Sec. 48.  EFFECTIVE DATE.  This division of this Act, being deemed of immediate importance, takes effect upon enactment.
    Sec. 49.  APPLICABILITY.  This division of this Act applies to employment contracts of school employees entered into pursuant to chapter 279 on and after the effective date of this division of this Act. This division of this Act does not apply to collective bargaining agreements which have been ratified in a ratification election referred to in section 20.17, subsection 4, for which an arbitrator has made a final determination as described in section 20.22, subsection 11, or which have become effective, where such events occurred before the effective date of this division of this Act. This division of this Act applies to all collective bargaining procedures provided for in chapter 20 occurring on and after the effective date of this division of this Act and collective bargaining agreements pursuant to chapter 20 for which a ratification election referred to in section 20.17, subsection 4, is held, for which an arbitrator makes a final determination as described in section 20.22, subsection 11, or which become effective on or after the effective date of this division of this Act.
DIVISION III
PERSONNEL RECORDS AND SETTLEMENT AGREEMENTS

    Sec. 50.  Section 22.7, subsection 11, paragraph a, subparagraph (5), Code 2019, is amended to read as follows:
   (5)  The fact that the individual resigned in lieu of termination, was discharged, or was demoted as the result of a final disciplinary action, and the documented reasons and rationale for the resignation in lieu of termination, the discharge, or the demotion. For purposes of this subparagraph, “demoted” and “demotion” mean a change of an employee from a position in a given classification to a position in a classification having a lower pay grade upon the exhaustion of all applicable contractual, legal, and statutory remedies.
    Sec. 51.  REPEAL.  Sections 22.13A and 22.15, Code 2019, are repealed.
    Sec. 52.  EFFECTIVE DATE.  This division of this Act, being deemed of immediate importance, takes effect upon enactment.
    Sec. 53.  APPLICABILITY.  This division of this Act applies to requests for records pursuant to chapter 22 submitted on or after the effective date of this division of this Act.
DIVISION IV
CITY CIVIL SERVICE REQUIREMENTS

    Sec. 54.  Section 400.12, subsection 4, Code 2019, is amended by striking the subsection.
    Sec. 55.  Section 400.17, subsection 4, Code 2019, is amended to read as follows:
   4.  A person shall not be appointed, denied appointment, promoted, removed, discharged, suspended, or demoted to or from a civil service position or in any other way favored or discriminated against in that position because of political or religious opinions or affiliations, race, national origin, sex, or age, or in retaliation for the exercise of any right enumerated in this chapter. However, the maximum age for a police officer or fire fighter covered by this chapter and employed for police duty or the duty of fighting fires is sixty-five years of age.
    Sec. 56.  Section 400.18, Code 2019, is amended by striking the section and inserting in lieu thereof the following:
   400.18  Removal, demotion, or suspension.
   1.  A person holding civil service rights as provided in this chapter shall not be removed, demoted, or suspended arbitrarily, except as otherwise provided in this chapter, but may be removed, demoted, or suspended after a hearing by a majority vote of the civil service commission, for neglect of duty, disobedience, misconduct, or failure to properly perform the person’s duties.
   2.  The party alleging neglect of duty, disobedience, misconduct, or failure to properly perform a duty shall have the burden of proof.
   3.  A person subject to a hearing has the right to be represented by counsel at the person’s expense or by the person’s authorized collective bargaining representative.
    Sec. 57.  Section 400.19, Code 2019, is amended to read as follows:
   400.19  Removal, or discharge, demotion, or suspension of subordinates.
   The person having the appointing power as provided in this chapter, or the chief of police or chief of the fire department, may, upon presentation of grounds for such action to the subordinate in writing, peremptorily remove, discharge, demote, or suspend, demote, or discharge a subordinate then under the person’s or chief’s direction due to any act or failure to act by the employee that is in contravention of law, city policies, or standard operating procedures, or that in the judgment of the person or chief is sufficient to show that the employee is unsuitable or unfit for employment for neglect of duty, disobedience of orders, misconduct, or failure to properly perform the subordinate’s duties.
    Sec. 58.  Section 400.20, Code 2019, is amended to read as follows:
   400.20  Appeal.
   The removal, discharge suspension, demotion, or suspension discharge of a person holding civil service rights may be appealed to the civil service commission within fourteen calendar days after the removal, discharge suspension, demotion, or suspension discharge.
    Sec. 59.  Section 400.21, Code 2019, is amended to read as follows:
   400.21  Notice of appeal.
   If the appeal be taken by the person removed, discharged suspended, demoted, or suspended discharged, notice of the appeal, signed by the appellant and specifying the ruling appealed from, shall be filed with the clerk of the commission. If the appeal is taken by the person making such removal, discharge suspension, demotion, or suspension discharge, such notice shall also be served upon the person removed, discharged suspended, demoted, or suspended discharged.
    Sec. 60.  Section 400.22, Code 2019, is amended to read as follows:
   400.22  Charges.
   Within fourteen calendar days from the service of the notice of appeal, the person or body making the ruling appealed from shall file with the body to which the appeal is taken a written specification of the charges and grounds upon which the ruling was based. If the charges are not filed, the person removed, suspended or discharged, demoted, or suspended may present the matter to the body to whom the appeal is to be taken by affidavit, setting forth the facts, and the body to whom the appeal is to be taken shall immediately enter an order reinstating the person removed, suspended or discharged, demoted, or suspended for want of prosecution.
    Sec. 61.  Section 400.27, subsection 3, Code 2019, is amended to read as follows:
   3.  The city or any civil service employee shall have a right to appeal to the district court from the final ruling or decision of the civil service commission. The appeal shall be taken within thirty days from the filing of the formal decision of the commission. The district court of the county in which the city is located shall have full jurisdiction of the appeal. The scope of review for the appeal shall be limited to de novo appellate review without a trial or additional evidence The appeal shall be a trial de novo as an equitable action in the district court.
    Sec. 62.  Section 400.28, Code 2019, is amended by striking the section and inserting in lieu thereof the following:
   400.28  Employees —— number diminished.
   1.  When the public interest requires a diminution of employees in a classification or grade under civil service, the city council, acting in good faith, may do either of the following:
   a.  Abolish the office and remove the employee from the employee’s classification or grade thereunder.
   b.  Reduce the number of employees in any classification or grade by suspending the necessary number.
   2.  In case it thus becomes necessary to so remove or suspend any such employees, the persons so removed or suspended shall be those having seniority of the shortest duration in the classifications or grades affected, and such seniority shall be computed as provided in section 400.12 for all persons holding seniority in the classification or grade affected, regardless of their seniority in any other classification or grade, but any such employee so removed from any classification or grade shall revert to the employee’s seniority in the next lower grade or classification; if such seniority is equal, then the one less efficient and competent as determined by the person or body having the appointing power shall be the one affected.
   3.  In case of removal or suspension, the civil service commission shall issue to each person affected one certificate showing the person’s comparative seniority or length of service in each of the classifications or grades from which the person is so removed and the fact that the person has been honorably removed. The certificate shall also list each classification or grade in which the person was previously employed. The person’s name shall be carried for a period of not less than three years after the suspension or removal on a preferred list and appointments or promotions made during that period to the person’s former duties in the classification or grade shall be made in the order of greater seniority from the preferred lists.
    Sec. 63.  SENIORITY RIGHTS REESTABLISHED.  The seniority rights of any civil service employee extinguished pursuant to section 400.12, subsection 4, Code 2019, are hereby reestablished, including accrual of seniority during the period of extinguishment. 
    Sec. 64.  EFFECTIVE DATE.  This division of this Act, being deemed of immediate importance, takes effect upon enactment.
    Sec. 65.  APPLICABILITY.  This division of this Act applies to employment actions taken on or after the effective date of this division of this Act.
DIVISION V
HEALTH INSURANCE MATTERS

    Sec. 66.  REPEAL.  Section 70A.41, Code 2019, is repealed.
    Sec. 67.  EFFECTIVE DATE.  This division of this Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to employment matters involving public employees including collective bargaining, educator employment matters, personnel records and settlement agreements, city civil service requirements, and health insurance matters. The bill generally strikes statutory changes made by 2017 Iowa Acts, House File 291, and restores statutory language in effect prior to the enactment of 2017 Iowa Acts, House File 291. 
   DIVISION I —— PUBLIC EMPLOYEE COLLECTIVE BARGAINING.  This division makes a variety of changes to Code chapter 20, the public employment relations Act, as well as other Code provisions relating to collective bargaining by public employees.
   ELIMINATION OF PUBLIC SAFETY AND TRANSIT EMPLOYEE CATEGORIES. The division eliminates public safety employees and transit employees as separate categories of employees for the purposes of public employee collective bargaining, making affected provisions of Code chapter 20 applicable to all public employees governed by Code chapter 20. 
   SCOPE OF NEGOTIATIONS. The division makes changes to subjects which are negotiated through collective bargaining between public employers and public employees under Code section 20.9.
   The division provides that the scope of negotiations for all public employees shall consist of wages, hours, vacations, insurance, holidays, leaves of absence, shift differentials, overtime compensation, supplemental pay, seniority, transfer procedures, job classifications, health and safety matters, evaluation procedures, procedures for staff reduction, in-service training, dues checkoff, grievance procedures for resolving any questions arising under the agreement, and other matters mutually agreed upon. The division provides that retirement systems shall be excluded from the scope of negotiations.
   The division strikes language providing that mandatory subjects of negotiation under Code section 20.9 shall be interpreted narrowly and restrictively. The division strikes language limiting the term of a collective bargaining agreement entered into pursuant to Code chapter 20 to a maximum of five years.
   ARBITRATION PROCEDURES. The division makes changes to the procedures for arbitration of impasses in collective bargaining between public employers and public employees under Code section 20.22.
   The division modifies the factors that an arbitrator is required to consider in addition to any other relevant factors in making a final determination on an impasse item. The division requires an arbitrator to consider past collective bargaining contracts between the parties including the bargaining that led up to such contracts; comparison of wages, hours, and conditions of employment of the involved public employees with those of other public employees doing comparable work, giving consideration to factors peculiar to the area and the classifications involved; the interests and welfare of the public, the ability of the public employer to finance economic adjustments, and the effect of such adjustments on the normal standard of services; and the power of the public employer to levy taxes and appropriate funds for the conduct of its operations.
   The division strikes language permitting the parties to agree to change the four-day deadline to serve final offers on impasse items after a request for arbitration is received.
   The division strikes language prohibiting the parties to an arbitration from introducing, and the arbitrator from accepting or considering, any direct or indirect evidence regarding any subject excluded from negotiations pursuant to Code section 20.9.
   The division strikes language providing for a maximum increase in base wages in an arbitrator’s award. 
   PUBLIC EMPLOYEE ELECTIONS. The division makes changes to public employee elections conducted pursuant to Code section 20.15.
   The division strikes language providing for retention and recertification elections and requires the public employment relations board (PERB) to cancel any such elections scheduled or in process. The division requires the PERB to consider a petition for certification of an employee organization as the exclusive representative of a bargaining unit for which an employee organization was not retained and recertified as the exclusive representative of that bargaining unit regardless of the amount of time that has elapsed since the retention and recertification election, notwithstanding prior requirements prohibiting such consideration for two years.
   The division provides that the outcome of a certification or decertification election is determined by a majority vote of the members of the bargaining unit voting, rather than the total membership of the bargaining unit. The division provides for a runoff election if none of the choices on the ballot in a certification election receives a majority vote of the members of the bargaining unit voting.
   The division lowers the required percentage of support from employees in a bargaining unit required for an employee organization that did not submit a petition for certification as the exclusive bargaining representative of a bargaining unit to be listed on the ballot for a certification election from 30 percent to 10 percent.
   The division strikes language prohibiting the PERB from considering a petition for certification as the exclusive bargaining representative of a bargaining unit unless a period of two years has elapsed from the date of the last certification election in which an employee organization was not certified as the exclusive representative of that bargaining unit or of the last decertification election in which an employee organization was decertified as the exclusive representative of that bargaining unit. The division prohibits the PERB from considering a petition for certification as the exclusive bargaining representative of a bargaining unit for one year after the employee organization is not certified in a certification election. The division makes additional changes relating to the scheduling of decertification elections.
   EMPLOYEE ORGANIZATION DUES. The division strikes a prohibition on public entities authorizing or administering a deduction from the salaries or wages of its employees for membership dues to an employee organization. The division provides procedures for administering such dues deductions.
   PERB DUTIES. The division provides that the PERB may interpret and apply, as well as administer, Code chapter 20.
   The division strikes language permitting the PERB to appoint a certified shorthand reporter to report state employee grievance and discipline resolution proceedings, to contract with a vendor to conduct elections, to establish fees to cover the cost of elections, and to retain certain funds collected by the PERB as repayment receipts. 
   STATEWIDE COLLECTIVE BARGAINING AGREEMENTS FOLLOWING A GUBERNATORIAL ELECTION YEAR. The division strikes language providing for modified collective bargaining procedures for a proposed, statewide collective bargaining agreement to become effective in the year following a general election in which the governor and certain other elected officials are elected.
   CONFIDENTIAL RECORDS. The division strikes language providing that certain information relating to elections conducted by the PERB is a confidential record under Code chapter 22, the state open records law.
   MISCELLANEOUS PROVISIONS RELATING TO PUBLIC EMPLOYEE COLLECTIVE BARGAINING. The division strikes a definition of “supplemental pay”.
   The division strikes language providing that a public employer has the right to evaluate public employees in positions within the public agency. The division strikes language providing that a public employee has the right under Code section 20.8 to exercise any right or seek any remedy provided by law, including but not limited to Code sections 70A.28 and 70A.29, Code chapter 8A, subchapter IV, and Code chapters 216 and 400.
   The division transfers language in Code section 20.10 prohibiting a public employee or any employee organization from negotiating or attempting to negotiate directly with a member of the governing board of a public employer if the public employer has appointed or authorized a bargaining representative for the purpose of bargaining with the public employees or their representative to Code section 20.17.
   The division decreases the amount of time before an employee organization decertified as the exclusive representative of a bargaining unit for violating an injunction against an unlawful strike can be certified again from 24 months to 12 months.
   The division strikes language prohibiting voluntary contributions by individuals to political parties or candidates through payroll deductions.
   The division strikes a requirement that a copy of a final collective bargaining agreement be filed with the PERB by the public employer within 10 days of the agreement being entered into. The division strikes a requirement that the PERB maintain an internet site that allows searchable access to a database of collective bargaining agreements and other collective bargaining information.
   The division changes the period before retirement for a prohibited voluntary reduction to a nonsupervisory rank or grade by a supervisor and related ineligibility for benefits from 36 months to six months. 
   The division strikes language providing that a mediator shall not be required to testify in any arbitration proceeding regarding any matters occurring in the course of a mediation.
   The division requires a council, board of waterworks, or other board or commission which establishes a pension and annuity retirement system pursuant to Code chapter 412 to negotiate in good faith with a certified employee organization which is the collective bargaining representative of the employees, with respect to the amount or rate of the assessment on the wages and salaries of employees and the method or methods for payment of the assessment by the employees.
   The division makes additional conforming changes.
   TRANSITION PROVISIONS —— DEADLINE. The division requires parties, mediators, and arbitrators engaging in any collective bargaining procedures provided for in Code chapter 20, Code 2019, who have not, before the effective date of the division, completed such procedures, to immediately terminate any such procedures in process as of the effective date of the division. The division provides that a collective bargaining agreement negotiated pursuant to such procedures in process shall not become effective. The division prohibits parties, mediators, and arbitrators from engaging in further collective bargaining procedures except as provided in the division. The division requires such parties to commence collective bargaining in accordance with Code section 20.17, as amended by the division. The division requires such parties to complete such bargaining not later than June 30, 2019, unless the parties mutually agree to a different deadline.
   The division requires the PERB to adopt emergency rules to implement these requirements. The division also requires the department of administrative services to adopt emergency rules to implement the provisions of the division relating to dues deductions.
   EFFECTIVE DATE AND APPLICABILITY PROVISIONS. The division takes effect upon enactment.
   With the exception of the section of the division amending Code section 20.6, subsection 1, the division does not apply to collective bargaining agreements which have been ratified in a ratification election, for which an arbitrator has made a final determination, or which have become effective, where such events occurred before the effective date of the division. The division applies to all collective bargaining procedures provided for in Code chapter 20 occurring on and after the effective date of the division and collective bargaining agreements for which a ratification election is held, for which an arbitrator makes a final determination, or which become effective on or after the effective date of the division.
   DIVISION II —— EDUCATOR EMPLOYMENT MATTERS. This division makes a variety of changes relating to educator employment matters.
   TERMINATION OF TEACHER EMPLOYMENT CONTRACTS. The division makes various changes relating to the termination of teacher employment contracts.
   The division shortens various procedural deadlines regarding private hearings held after a superintendent recommends termination of a teacher’s employment contract. The division makes participation in such a private hearing by the superintendent, the superintendent’s designated representatives, the teacher’s immediate supervisor, the teacher, and the teacher’s representatives mandatory on the part of those individuals instead of discretionary. The division requires that the school board employ a certified shorthand reporter to keep a record of a private hearing. The division requires the school board to issue subpoenas for witnesses and evidence on behalf of the board and the teacher. The division provides for a judicial remedy if a witness appears and refuses to testify or to produce required books or papers at a private hearing. The division authorizes the superintendent and the teacher to file written briefs and arguments with the board at the conclusion of the private hearing. The division provides deadlines for determining the status of the teacher’s contract if the teacher does not request a private hearing. The division requires that the decision of the board include findings of fact and conclusions of law. The division strikes language authorizing a school board which votes to continue a teacher’s contract to issue the teacher a one-year, nonrenewable contract. The division permits a teacher to appeal the board’s determination to an adjudicator and provides procedures for such appeals.
   TEACHER PROBATIONARY PERIODS. The division makes various changes relating to probationary employment of teachers.
   The division decreases from two years to one year the length of a teacher’s probationary employment period in a school district if the teacher has successfully completed a probationary period of employment for another school district located in Iowa.
   The division provides that requirements for notices of termination, private hearings, and appeals applicable to nonprobationary teachers whose employment contracts are terminated are applicable to probationary teachers whose employment contracts are terminated. The division strikes alternative procedures for the termination of employment contracts of such probationary teachers, including notification procedures and the opportunity to request a private conference with the school board.
   EXTRACURRICULAR INTERSCHOLASTIC ATHLETIC COACH CONTRACTS.  The division makes various changes relating to extracurricular interscholastic athletic coach employment contracts.
   The division provides that wages for such coaches shall be paid pursuant to established or negotiated supplemental pay schedules. The division provides that employment contracts of such coaches shall be continued automatically in force and effect for equivalent periods and that the termination of such contracts follows procedures similar to those used for teacher contracts. The division strikes language providing that employment contracts of such coaches may be terminated prior to their expiration for any lawful reason following an informal, private hearing before the school board. The division strikes language providing that the decision of the school board to terminate such a contract is final.
   SCHOOL ADMINISTRATOR EMPLOYMENT MATTERS. The division makes various changes relating to school administrator employment matters.
   The division provides that the rate of compensation in an administrator’s employment contract must be on a weekly or monthly basis.
   The division strikes language authorizing a school board to issue a temporary employment contract to an administrator for a period of up to nine months.
   The division strikes language authorizing a school board to issue a one-year, nonrenewable employment contract and instead authorizes a school board considering the termination of an administrator’s contract and the administrator to mutually agree to enter into such a contract. 
   The division decreases the probationary employment period for administrators from three years to two years and authorizes a school board to waive the probationary period for an administrator who previously served a probationary period in another school district. 
   The division strikes language providing that a hearing before an administrative law judge requested by an administrator whose employment contract a school board is considering terminating shall be a private hearing. The division reduces certain procedural deadlines relating to such hearings. The division strikes language providing that any witnesses for the parties at the hearing shall be sequestered. The division requires that the decision of the board include findings of fact and conclusions of law. The division strikes language authorizing a school board which votes to continue an administrator’s contract to issue the administrator a one-year, nonrenewable contract.
   INTENSIVE ASSISTANCE PROGRAMS. The division makes various changes relating to intensive assistance programs.
   The division strikes language providing that a teacher who has previously participated in an intensive assistance program relating to particular Iowa teaching standards or criteria shall not be entitled to participate in another intensive assistance program relating to the same standards or criteria. The division strikes language providing that following a teacher’s participation in an intensive assistance program, the teacher shall be reevaluated to determine whether the teacher successfully completed the intensive assistance program and is meeting district expectations under the applicable Iowa teaching standards or criteria. The division strikes language providing that if the teacher did not successfully complete the intensive assistance program or continues not to meet the applicable Iowa teaching standards or criteria, the board may initiate procedures to terminate the teacher’s employment contract immediately or at the end of the school year or may continue the teacher’s contract for a period not to exceed one year on a nonrenewable basis and without the right to a private hearing.
   MISCELLANEOUS PROVISIONS RELATING TO EDUCATOR EMPLOYMENT MATTERS. The division strikes language authorizing a school board to issue a temporary employment contract to a teacher for a period of up to six months.
   The division strikes language providing that just cause for which a teacher may be discharged at any time during the contract year under Code section 279.27 includes but is not limited to a violation of the code of professional conduct and ethics of the board of educational examiners if the board has taken disciplinary action against a teacher during the six months following issuance by the board of a final written decision and finding of fact after a disciplinary proceeding. 
   The division either authorizes or requires a school board and its certified bargaining representative to negotiate various matters pursuant to Code chapter 20.
   The division makes additional conforming changes.
   EFFECTIVE DATE AND APPLICABILITY PROVISIONS. The division takes effect upon enactment.
   The division applies to employment contracts of school employees entered into pursuant to Code chapter 279 on and after the effective date of the division. The division does not apply to collective bargaining agreements pursuant to Code chapter 20 which have been ratified in a ratification election, for which an arbitrator has made a final determination, or which have become effective, where such events occurred before the effective date of the division. The division applies to all collective bargaining procedures provided for in Code chapter 20 occurring on and after the effective date of the division and collective bargaining agreements pursuant to Code chapter 20 for which a ratification election is held, for which an arbitrator makes a final determination, or which become effective on or after the effective date of the division.
   DIVISION III —— PERSONNEL RECORDS AND SETTLEMENT AGREEMENTS.  This division makes changes relating to public employee personnel records and settlement agreements.
   PERSONNEL RECORDS. The division strikes language providing that certain information relating to the discipline, resignation, discharge, or demotion of a public employee is a public record and requiring notice to affected employees.
   PERSONNEL SETTLEMENT AGREEMENTS. The division also strikes language prohibiting a personnel settlement agreement between the state and a state executive branch employee that contains confidentiality or nondisclosure provisions that attempt to prevent the disclosure of the agreement.
   EFFECTIVE DATE AND APPLICABILITY PROVISIONS. The division takes effect upon enactment.
   The division applies to requests for records submitted on or after the effective date of the division.
   DIVISION IV —— CITY CIVIL SERVICE REQUIREMENTS. This division makes a variety of changes relating to city civil service requirements under Code chapter 400.
   SENIORITY RIGHTS. The division strikes language permitting a city council to extinguish statutory seniority rights of all city civil service employees who are not employed or appointed as a fire fighter or police officer, fire chief or police chief, or assistant fire chief or assistant police chief, unless otherwise provided in a collective bargaining agreement. The division reestablishes any such rights so extinguished, including accrual of seniority during the period of extinguishment.
   ADVERSE EMPLOYMENT ACTIONS —— GROUNDS AND PROCEDURES. The division provides that adverse employment action may be taken against a city civil service employee for neglect of duty, disobedience, misconduct, or failure to properly perform the person’s duties. The division strikes language permitting such action to be taken due to any act or failure to act by the employee that is in contravention of law, city policies, or standard operating procedures, or that in the judgment of the person having the appointing power as provided in this Code chapter, or the chief of police or chief of the fire department, is sufficient to show that the employee is unsuitable or unfit for employment.
   The division strikes language providing that the scope of review for an appeal to district court from a civil service commission shall be limited to de novo appellate review without a trial or additional evidence, instead providing that the appeal shall be a trial de novo as an equitable action.
   DIMINUTION OF EMPLOYEES. The division provides that a diminution of city employees by a city council can only be implemented when the public interest requires. The division permits a diminution to be carried out either by abolishing an office and removing the employee from the employee’s classification or grade thereunder, or reducing the number of employees in any classification or grade by suspending the necessary number. The division provides for such removal to be carried out based on seniority and requires that employees so removed be placed on a preferred list for at least three years for purposes of appointments or promotions made during that period to the person’s former duties.
   MISCELLANEOUS PROVISIONS. The division makes changes in terminology relating to adverse employment actions for city civil service employees.
   The division makes additional conforming changes.
   EFFECTIVE DATE AND APPLICABILITY PROVISIONS. The division takes effect upon enactment.
   The division applies to employment actions taken on or after the effective date of the division.
   DIVISION V —— HEALTH INSURANCE MATTERS. This division strikes a requirement that a public employer shall offer health insurance to all permanent, full-time public employees employed by the public employer.
   EFFECTIVE DATE. The division takes effect upon enactment.