SSB 1039 (LSB 1162DP (2) 90)

SENATE/HOUSE FILE _____

BY  (PROPOSED OFFICE OF OMBUDSMAN BILL)

A BILL FOR

An Act relating to investigations conducted by the office of ombudsman.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 2C.11A, Code 2023, is amended to read as follows:
   2C.11A  Subjects for investigations —— disclosures of information.
   The office of ombudsman shall either investigate or decline to investigate a complaint filed by an employee who is not a merit system employee or an employee covered by a collective bargaining agreement and who alleges that adverse employment action has been taken against the employee in violation of section 70A.28, subsection 2. A complaint filed pursuant to this section shall be made within thirty calendar days following the effective date of the adverse employment action. The ombudsman shall investigate review the matter and shall, in writing to the employee, either decline to investigate the matter or issue findings following an investigation relative to the complaint in an expeditious manner.  The ombudsman’s findings following an investigation shall also be provided to the agency or officer who is the subject of the allegations.
    Sec. 2.  Section 70A.28, subsection 6, Code 2023, is amended to read as follows:
   6.  Subsection 2 may also be enforced by an employee through an administrative action pursuant to the requirements of this subsection if the employee is not a merit system employee or an employee covered by a collective bargaining agreement. An employee eligible to pursue an administrative action pursuant to this subsection who is discharged, suspended, demoted, or otherwise receives a reduction in pay and who believes the adverse employment action was taken as a result of the employee’s disclosure of information that was authorized pursuant to subsection 2, may file an appeal of the adverse employment action with the public employment relations board within thirty calendar days following the later of the effective date of the action or the date a finding or written decision declining to investigate is issued to the employee by the office of ombudsman pursuant to section 2C.11A. The findings issued by the ombudsman may be introduced as evidence before the public employment relations board. The employee has the right to a hearing closed to the public, but may request a public hearing. The hearing shall otherwise be conducted in accordance with the rules of the public employment relations board and the Iowa administrative procedure Act, chapter 17A.  If the public employment relations board finds that the action taken in regard to the employee was in violation of subsection 2, the employee may be reinstated without loss of pay or benefits for the elapsed period, or the public employment relations board may provide other appropriate remedies. Decisions by the public employment relations board constitute final agency action.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill concerns investigations conducted by the office of ombudsman.
   Code section 2C.11A, concerning certain whistleblower complaints filed by an employee that are subject to investigation by the office of ombudsman, is amended to provide that the office of ombudsman may, in writing to the employee, decline to investigate the complaint. The bill also provides that if findings are issued following an investigation, the findings shall also be provided to the agency or officer who is the subject of the allegations. Code section 70A.28, concerning whistleblower complaints, is amended to conform to the changes made to Code section 2C.11A.