Text: HSB00195 Text: HSB00197 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 19A.1, subsection 3, paragraph a, Code 1 2 1995, is amended by striking the paragraph. 1 3 Sec. 2. Section 19A.2, subsection 2, Code 1995, is amended 1 4 by striking the subsection. 1 5 Sec. 3. Section 19A.2A, Code 1995, is amended by adding 1 6 the following new unnumbered paragraph: 1 7 NEW UNNUMBERED PARAGRAPH. The provisions of this chapter 1 8 do not apply to persons who are paid on a contract-for- 1 9 services basis. 1 10 Sec. 4. Section 19A.3, subsection 8, Code 1995, is amended 1 11 by striking the subsection. 1 12 Sec. 5. Section 19A.3, subsection 9, Code 1995, is amended 1 13 to read as follows: 1 14 9. Seasonal employeesappointed during the period of April1 1515 through October 15. 1 16 Sec. 6. Section 19A.8, subsection 6, Code 1995, is amended 1 17 by striking the subsection. 1 18 Sec. 7. NEW SECTION. 19A.8A EXPERIMENTAL RESEARCH 1 19 PROJECTS. 1 20 The director may conduct experimental or research 1 21 personnel-related projects of limited duration designed to im- 1 22 prove the quality of the employment system. The provisions of 1 23 section 19A.9 or administrative rules adopted pursuant to that 1 24 section are waived for the purposes of such projects. 1 25 Projects adopted under this authority shall not violate 1 26 existing collective bargaining agreements. Any projects that 1 27 relate to issues covered by such agreements are subject to 1 28 negotiations as applicable. The director shall report the 1 29 results of the experimental research projects conducted in the 1 30 preceding fiscal year to the legislative council by September 1 31 30 of each year. 1 32 Sec. 8. Section 19A.9, unnumbered paragraph 1, Code 1995, 1 33 is amended to read as follows: 1 34 Thepersonnel commissiondirector shall adopt and may amend 1 35 rules for the administration and implementation of this 2 1 chapter in accordance with chapter 17A.The director shall2 2prepare and submit proposed rules to the commission.2 3 Rulemaking shall be carried out with due regard to the terms 2 4 of collective bargaining agreements. A rule shall not 2 5 supersede a provision of a collective bargaining agreement 2 6 negotiated under chapter 20. The rules shall provide: 2 7 Sec. 9. Section 19A.9, subsection 16, Code 1995, is 2 8 amended by adding the following new unnumbered paragraph: 2 9 NEW UNNUMBERED PARAGRAPH. This subsection does not limit 2 10 the power of a department director to reduce the job 2 11 classification or pay grade of an employee as part of a bona 2 12 fide reorganization, if the department's work force is not 2 13 reduced. An employee shall not, however, be reduced to a job 2 14 class more than five pay grades lower than the employee's 2 15 current job class. However, if the next lower class is more 2 16 than five pay grades lower and is in the same class series, 2 17 the five pay grade limit may be exceeded. If an appointing 2 18 authority reduces the job classification of an employee, any 2 19 corresponding reduction in pay shall be to the maximum of the 2 20 new pay range or to not more than fifteen percent below the 2 21 current pay, whichever is the lesser reduction. A reduction 2 22 in pay shall be applied to all employees in that appointing 2 23 authority's department who are reduced in job classification 2 24 during a reorganization. This reduction in pay as a result of 2 25 the job classification change shall be accompanied by a 2 26 showing of budgetary necessity; otherwise, the appointing 2 27 authority shall not reduce the pay of an employee. Any 2 28 reductions in job classification below the levels authorized 2 29 in this paragraph are subject to the requirements of section 2 30 19A.9, subsection 14. Employees who are covered by collective 2 31 bargaining agreements negotiated under chapter 20 which 2 32 include layoff provisions shall be governed by the contract 2 33 provisions. 2 34 Sec. 10. Section 19A.9, subsection 23, Code 1995, is 2 35 amended to read as follows: 3 1 23. For the establishment of work test appointments for 3 2 positions of unskilled labor, attendants, aides, janitors, 3 3 food service workers, laundry workers, porters, elevator 3 4 operators, or custodial or similar types of employment when 3 5 the character of the work makes it impracticable to supply the 3 6 needs of the service effectively by written or other type of 3 7 competitive examination. If this subsection conflicts with 3 8 any other provisions of this chapter, the provisions of this 3 9 subsection govern the positions to which it applies. All 3 10 persons appointed to the positions specified in this 3 11 subsection shall serve a probationary period in accordance 3 12 with this chapter, may acquire permanent status, and are 3 13 subject to the same rules as other classified employees. Such 3 14 persons shall be required to pass promotional examinations as 3 15 prescribed by this chapter and the rulesadopted by the3 16personnel commissionbefore they may be promoted to a higher 3 17 classification. 3 18 Sec. 11. Section 19A.12, subsection 2, Code 1995, is 3 19 amended to read as follows: 3 20 2.An Iowa managementA training revolving fund is created 3 21 in the state treasury. The moneys credited to the fund shall 3 22 be used for the purpose of paying actual and necessary 3 23 expenses incurred by the department in administering theIowa3 24managementtraining system. All fees, grants, or specific 3 25 appropriations for this purpose shall be credited to the fund. 3 26 The fees for theIowa managementtraining system courses shall 3 27 be set by the director to cover thecostcosts of 3 28administration except for costs associated with salaries of3 29employees of the department,course development, training 3 30 materials, facilities and equipment,andprofessional 3 31 instructors, and administration, except for costs associated 3 32 with the salary of employees of the department. The fees 3 33 shall be paid to the department by the state agency sending 3 34 the employees for training and the payment shall be credited 3 35 to theIowa managementtraining revolving fund. 4 1 Notwithstanding section 8.33, the department shall not revert 4 2 any unencumbered or unobligated balance in the fund, except4 3amounts in excess of fifty thousand dollars, beginning on June4 430, 1988. 4 5 Sec. 12. Section 19A.14, Code 1995, is amended to read as 4 6 follows: 4 7 19A.14 GRIEVANCES AND DISCIPLINE RESOLUTION. 4 8 1. GRIEVANCES. An employee, except an employee covered by 4 9 a collective bargaining agreement which provides otherwise, 4 10 who has exhausted the available agency steps in the uniform 4 11 grievance procedure provided for in the department of 4 12 personnel rules may, within seven calendar days following the 4 13 date a decision was received or should have been received at 4 14 the second step of the grievance procedure, file the grievance 4 15 at the third step with the director. The director shall 4 16 respond within thirty calendar days following receipt of the 4 17 third step grievance. 4 18 If not satisfied, the employee may, within thirty calendar 4 19 days following the director's response, file an appeal with 4 20 the public employment relations board, unless the employee 4 21 alleges that the grievance is because of religious, racial, 4 22 national origin, sex, age, disability, or other reason 4 23 prohibited under chapter 216. The hearing shall be conducted 4 24 in accordance with the rules of the public employment 4 25 relations board and the Iowa administrative procedure Act. 4 26 Decisions rendered shall be based upon a standard of 4 27 substantial compliance with this chapter and the rules of the 4 28 department of personnel. Decisions by the public employment 4 29 relations board constitute final agency action. 4 30 If the employee alleges that the grievance is because of 4 31 religious, racial, national origin, sex, age, disability, or 4 32 other reason prohibited under chapter 216, the employee shall 4 33 file the appeal with the Iowa state civil rights commission 4 34 pursuant to chapter 216. 4 35 For purposes of this subsection, "uniform grievance 5 1 procedure" does not include procedures for the appeal of 5 2 discipline and discharge decisions. 5 3 2. DISCIPLINE RESOLUTION. A meritsystemsystem-covered 5 4 employee, except an employee covered by a collective 5 5 bargaining agreement, who is discharged, suspended, demoted, 5 6 or otherwise reduced in pay for disciplinary reasons, except 5 7 during the employee's probationary period, may bypass steps 5 8 one and two of the uniform grievance procedure and appeal the 5 9 disciplinary action to the director within seven calendar days 5 10 following the effective date of the action. The director 5 11 shall respond within thirty calendar days following receipt of 5 12 the appeal. 5 13 If not satisfied, the employee may, within thirty calendar 5 14 days following the director's response, file an appeal with 5 15 the public employment relations board, unless the employee 5 16 alleges that the disciplinary action was taken because of 5 17 religious, racial, national origin, sex, age, disability, or 5 18 other reason prohibited under chapter 216. The employee has 5 19 the right to a hearing closed to the public, unless a public 5 20 hearing is requested by the employee. The hearing shall 5 21 otherwise be conducted in accordance with the rules of the 5 22 public employment relations board and the Iowa administrative 5 23 procedure Act, and shall be recorded by a certified shorthand 5 24 reporter. If the public employment relations board finds that 5 25 the action taken by the appointing authority was for 5 26political, religious, racial, national origin, sex, age, or5 27otherreasons not constituting just cause, the employee may be 5 28 reinstated without loss of pay or benefits for the elapsed 5 29 period, or the public employment relations board may provide 5 30 other appropriate remedies. Decisions by the public 5 31 employment relations board constitute final agency action. 5 32 If the employee alleges that the disciplinary action was 5 33 taken because of religious, racial, national origin, sex, age, 5 34 disability, or other reason prohibited under chapter 216, the 5 35 employee shall file the appeal with the Iowa state civil 6 1 rights commission pursuant to chapter 216. 6 2 Sec. 13. Section 19A.15, unnumbered paragraph 1, Code 6 3 1995, is amended to read as follows: 6 4 The records of the department, except personal information 6 5 in an employee's file if the publication of such information 6 6 would serve no proper public purpose, shall be public records 6 7 and shall be open to public inspection, subject to reasonable 6 8 rules as to the time and manner of inspection which may be 6 9 prescribed by the director. Personal information includes the 6 10 home address and home telephone number of an employee. Each 6 11 employee shall have access to the employee's personal file. 6 12 Sec. 14. Section 19A.16, unnumbered paragraph 1, Code 6 13 1995, is amended to read as follows: 6 14Subject to the rules approved by the commission, theThe 6 15 director may enter into agreements with any municipality or 6 16 political subdivision of the state to furnish services and 6 17 facilities of the agency to such municipality or political 6 18 subdivision in the administration of its personnel on merit 6 19 principles. Any such agreement shall provide for the 6 20 reimbursement to the state of the reasonable cost of the 6 21 services and facilities furnished. All municipalities and 6 22 political subdivisions of the state are authorized to enter 6 23 into such agreements. 6 24 Sec. 15. Section 19A.18, unnumbered paragraph 7, Code 6 25 1995, is amended to read as follows: 6 26 Thecommissiondirector shall adopt any rules necessary for 6 27 further restricting political activities of persons holding 6 28 positions in the classified service, but only to the extent 6 29 necessary to comply with federal standards. Employees retain 6 30 the right to vote as they please and to express their opinions 6 31 on all subjects. 6 32 Sec. 16. NEW SECTION. 19B.13 CONFIDENTIALITY AND 6 33 LIABILITY. 6 34 Notwithstanding chapter 22 or other related provisions of 6 35 the Code, in order to assure a free flow of information for 7 1 accomplishing the purposes of this chapter, all complaint 7 2 files, investigation files, investigative reports, and any 7 3 other investigative information in the possession of the 7 4 department of personnel are considered attorney work products 7 5 pursuant to section 22.7, subsection 4. 7 6 Employees participating in an investigation pursuant to 7 7 this chapter shall not be civilly liable as a result of their 7 8 acts, omissions, or decisions when acting in good faith. 7 9 Sec. 17. Section 70A.1, unnumbered paragraph 7, Code 1995, 7 10 is amended to read as follows: 7 11 State employees, excluding state board of regents' faculty 7 12 members with nine-month appointments, and employees covered 7 13 under a collective bargaining agreement negotiated with the 7 14 public safety bargaining unit who are eligible for accrued 7 15 vacation benefits and accrued sick leave benefits, who have 7 16 accumulated thirty days of sick leave, and who do not use sick 7 17 leave during a full month of employment may elect to accrue up 7 18 to one-half day of additional vacation. The accrual of 7 19 additional vacation time by an employee for not using sick 7 20 leave during a month is in lieu of the accrual of up to one 7 21 and one-half days of sick leave for that month. Thepersonnel7 22commissiondirector of the department of personnel may adopt 7 23 the necessary rules and procedures for the implementation of 7 24 this program for all state employees except employees of the 7 25 state board of regents. The state board of regents may adopt 7 26 necessary rules for the implementation of this program for its 7 27 employees. 7 28 Sec. 18. Section 70A.16, subsection 2, unnumbered 7 29 paragraph 1, Code 1995, is amended to read as follows: 7 30 A state employee who is reassigned shall be reimbursed for 7 31 moving expenses incurred in accordance with rules adopted by 7 32 thepersonnel commissiondirector of the department of 7 33 personnel when all of the following circumstances exist: 7 34 Sec. 19. Section 137.6, subsection 4, Code 1995, is 7 35 amended to read as follows: 8 1 4. Employ persons as necessary for the efficient discharge 8 2 of its duties. Employment practices shall meet the 8 3 requirements of thepersonnel commissionstate merit system 8 4 provided for in chapter 19A or any civil service provision 8 5 adopted under chapter 400. 8 6 Sec. 20. NEW SECTION. 613.20 INFORMATION ABOUT CURRENT 8 7 OR FORMER EMPLOYEES. 8 8 An employer who, upon request by a current or former 8 9 employee or by a prospective employer of a current or former 8 10 employee, provides work-related information about that 8 11 employee's job performance is presumed to be acting in good 8 12 faith and shall be immune from civil liability for such 8 13 disclosure and the consequences of such disclosure. For 8 14 purposes of this section, the presumption of good faith is 8 15 rebutted upon a showing by a preponderance of the evidence 8 16 that the information disclosed was knowingly false, 8 17 deliberately misleading, or violative of a civil right of the 8 18 employee. For purposes of this section, "employer" and 8 19 "employee" are defined as provided in section 91A.2. 8 20 Sec. 21. Sections 19A.4, 19A.6, and 19A.7, Code 1995, are 8 21 repealed. 8 22 EXPLANATION 8 23 Sections 1, 2, 10, 14, 15, 17, 18, and 19 of this bill 8 24 reflect the abolishment of the personnel commission in section 8 25 21. 8 26 Sections 3 and 4 provide that individuals who are hired 8 27 under a contract to provide certain services are not 8 28 considered state employees. 8 29 Section 5 drops the qualification that seasonal workers are 8 30 those individuals hired only between April 15 and October 15. 8 31 Section 6 removes the requirement that the director of the 8 32 department of personnel make semiannual reports to the 8 33 governor. 8 34 Section 7 allows the department of personnel the flexi- 8 35 bility to pilot innovative changes in the personnel system. 9 1 Section 8 gives the rulemaking authority for the department 9 2 of personnel to the director instead of to the personnel 9 3 commission. 9 4 Section 9 provides that employees may be reduced in job 9 5 classification and pay grade in the event of a bona fide 9 6 reorganization and how such reduction shall take place. 9 7 Section 11 changes the name of the state training system to 9 8 include employees other than managers and eliminates the 9 9 $50,000 floor on reversions to the general fund from the 9 10 training revolving fund. The fund will not cover salaries of 9 11 employees of the department. 9 12 Section 12 requires that the Iowa state civil rights 9 13 commission hear state employee complaints alleging violations 9 14 of civil rights. 9 15 Section 13 exempts the home phone number and house address 9 16 of state employees from routine public disclosure. 9 17 Section 16 provides that information that the department 9 18 receives in investigating alleged discrimination is protected 9 19 from disclosure as a public record. 9 20 Section 20 provides that an employer who provides work- 9 21 related information in good faith about a current or former 9 22 employee upon the request of that employee or that employee's 9 23 prospective employer is immune from liability. The 9 24 presumption of good faith can be rebutted upon a preponderence 9 25 of evidence that the information was knowingly false, 9 26 misleading, or violative of the employee's civil rights. 9 27 BACKGROUND STATEMENT 9 28 SUBMITTED BY THE AGENCY 9 29 This bill does several things: 9 30 Sections 1, 2, 10, 14, 15, 17, 18, and 19 make Code changes 9 31 to reflect the elimination of the personnel commission in 9 32 section 21. 9 33 Sections 3 and 4 clarify that persons providing services to 9 34 the state on a contract-for-services fee basis are not state 9 35 employees, are not covered by state employee laws, and are not 10 1 entitled to state employee benefits. 10 2 Section 5 removes the restriction on the period of 10 3 employment for seasonal employees. The need for seasonal 10 4 employment varies in agencies, and the April 15 to October 15 10 5 time period does not serve the needs of all agencies. 10 6 Section 6 deletes the requirement for semiannual reports by 10 7 the director of the department of personnel to the governor. 10 8 These reports have not added value to the overall operation of 10 9 state government. 10 10 Section 7 allows for innovative changes in the personnel 10 11 system to be implemented as controlled experiments. Results 10 12 would be evaluated before any major changes would be 10 13 recommended or fully implemented. This measure would 10 14 facilitate improvements in the quality of services delivered 10 15 in the personnel system. 10 16 Section 8 provides that the director of the department of 10 17 personnel shall exercise rulemaking authority for the 10 18 department. 10 19 Section 9 provides that employees may be reduced in job 10 20 classification and pay grade in order to implement a bona fide 10 21 reorganization. 10 22 Section 11 changes the name of the state training system so 10 23 that the system is not restricted to state managers. The 10 24 evolution of training needs of state departments has broadened 10 25 from a focus on management to a focus on the entire work 10 26 force. As state government moves toward total quality 10 27 management, many of its training needs will be focused on line 10 28 staff. The requirement that the training revolving fund 10 29 revert funds in excess of $50,000 at the end of the fiscal 10 30 year is removed. 10 31 Section 12 amends the grievance and appeal provisions for 10 32 state employees to require that grievances alleging 10 33 discrimination in violation of chapter 216 are reviewed by the 10 34 Iowa state civil rights commission rather than the public 10 35 employment relations board. 11 1 Section 13 clarifies that the home phone number and home 11 2 address of state employees are "personal information" and 11 3 would be protected from routine public disclosure. 11 4 Section 16 provides that information received by the 11 5 department in investigating alleged discrimination is 11 6 protected from disclosure as a public record. 11 7 Section 20 provides immunity for an employer who in good 11 8 faith provides work related information about a current or 11 9 former employee upon the request of that employee or that 11 10 employee's prospective employer. The presumption of good 11 11 faith can be rebutted upon a preponderance of the evidence 11 12 that the information was knowingly false, misleading, or 11 13 violative of the employee's civil rights. 11 14 LSB 1216DP 76 11 15 cl/jw/5.3
Text: HSB00195 Text: HSB00197 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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