SF 400 (LSB 2431XS (6) 88)

SENATE FILE 400

BY  SCHNEIDER

A BILL FOR

An Act relating to disclosures of certain information, including reprisals with respect to employees of a political subdivision of the state and providing information to employees concerning the office of ombudsman.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 70A.29, subsection 1, Code 2019, is amended to read as follows:
   1.  A person shall not discharge an employee from or take or fail to take action regarding an employee’s appointment or proposed appointment to, promotion or proposed promotion to, or any advantage in, a position in employment by a political subdivision of this state as a reprisal for a disclosure of any information by that employee to a member or employee of the general assembly, or an official of that political subdivision, a person providing human resource management for that political subdivision, or a state official, or for a disclosure of information to any other public official or law enforcement agency if the employee reasonably believes the information evidences a violation of law or rule, mismanagement, a gross abuse of funds, an abuse of authority, or a substantial and specific danger to public health or safety. This section does not apply if the disclosure of the information is prohibited by statute.
    Sec. 2.  Section 70A.29, subsection 3, Code 2019, is amended to read as follows:
   3.  Subsection 1 may be enforced through a civil action.
   a.  A person who violates subsection 1 is liable to an aggrieved employee for affirmative relief including reinstatement, with or without back pay, or civil damages in an amount not to exceed three times the annual wages and benefits received by the aggrieved employee prior to the violation of subsection 1, and any other equitable relief the court deems appropriate, including attorney fees and costs.
   b.  When a person commits, is committing, or proposes to commit an act in violation of subsection 1, an injunction may be granted through an action in district court to prohibit the person from continuing such acts. The action for injunctive relief may be brought by an aggrieved employee, or the county attorney, or the person providing human resource management for the political subdivision.
    Sec. 3.  Section 70A.29, Code 2019, is amended by adding the following new subsection:
   NEW SUBSECTION.  4.  Each political subdivision of this state subject to the requirements of this section shall provide procedures for notifying new employees of the authority of the office of ombudsman to investigate complaints under chapter 2C and shall periodically conduct promotional campaigns to provide similar information to all employees of the political subdivision. The information shall include the toll-free telephone number of the ombudsman.
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 disclosures of certain information by an employee of a political subdivision of the state and provides for notification to employees regarding the ability of the office of ombudsman to investigate complaints.
   Code section 70A.29, prohibiting adverse employment action for certain disclosures of information by an employee of a political subdivision of the state, is amended. The bill provides that an aggrieved employee may recover civil damages in an amount up to three times the employee’s annual wages and benefits at the time of the violation of the Code section. The bill specifically authorizes disclosure of information by an employee to a person providing human resource management for the political subdivision of the state that employed the employee and allows that person to seek injunctive relief for a violation of the Code section.
   The bill also requires each political subdivision of the state subject to Code section 70A.29 to provide information to employees of the authority of the office of ombudsman to investigate complaints under Code chapter 2C, including the toll-free telephone number of the ombudsman.