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Text: HF00400                           Text: HF00402
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House File 401

Partial Bill History

Bill Text

PAG LIN
  1  1                                           HOUSE FILE 401
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO STATE GOVERNMENT PERSONNEL PROCEDURES
  1  5    INCLUDING JOB CLASSIFICATIONS, PAY PLANS, EMPLOYEE
  1  6    RECALL FROM LAYOFF, AND ABOLISHING THE PERSONNEL
  1  7    COMMISSION.
  1  8 
  1  9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1 10 
  1 11    Section 1.  Section 19A.1, subsection 3, paragraph a, Code
  1 12 1997, is amended by striking the paragraph.
  1 13    Sec. 2.  Section 19A.2, subsection 2, Code 1997, is amended
  1 14 by striking the subsection.
  1 15    Sec. 3.  Section 19A.9, unnumbered paragraph 1, Code 1997,
  1 16 is amended to read as follows:
  1 17    The personnel commission director shall adopt and may amend
  1 18 rules for the administration and implementation of this
  1 19 chapter in accordance with chapter 17A.  The director shall
  1 20 prepare and submit proposed rules to the commission.
  1 21 Rulemaking shall be carried out with due regard to the terms
  1 22 of collective bargaining agreements.  A rule shall not
  1 23 supersede a provision of a collective bargaining agreement
  1 24 negotiated under chapter 20.  The rules shall provide:
  1 25    Sec. 4.  Section 19A.9, subsections 1, 2, 14, 16, and 23,
  1 26 Code 1997, are amended by striking the subsections and
  1 27 inserting in lieu thereof the following:
  1 28    1.  For the preparation, maintenance, and revision of a job
  1 29 classification plan that encompasses each job in the executive
  1 30 branch, excluding job classifications under the state board of
  1 31 regents, based upon assigned duties and responsibilities, so
  1 32 that the same general qualifications may reasonably be
  1 33 required for and the same pay plan may be equitably applied to
  1 34 all jobs in the same job classification.  The director shall
  1 35 classify the position of every employee in the executive
  2  1 branch, excluding employees of the state board of regents,
  2  2 into one of the classes in the plan.  An appointing authority
  2  3 or employee adversely affected by a job classification or
  2  4 reclassification may file an appeal with the director.  The
  2  5 classification or reclassification of a position that would
  2  6 cause the expenditure of additional salary funds shall not
  2  7 become effective if the expenditure of funds would be in
  2  8 excess of the total amount budgeted for the department of the
  2  9 appointing authority until budgetary approval has been
  2 10 obtained from the director of the department of management.
  2 11    When the public interest requires a diminution or increase
  2 12 of employees in any position or type of employment not
  2 13 otherwise provided by law, or the creation or abolishment of
  2 14 any position or type of employment, the director, acting in
  2 15 good faith, shall so notify the governor.  Thereafter, the
  2 16 position or type of employment shall stand abolished or
  2 17 created and the number of employees therein reduced or
  2 18 increased.
  2 19    2.  For pay plans covering all employees in the executive
  2 20 branch of state government, excluding employees of the state
  2 21 board of regents, after consultation with the governor and
  2 22 appointing authorities, and consistent with the terms of
  2 23 collective bargaining agreements negotiated under chapter 20.
  2 24    14.  For layoffs by reason of lack of funds or work, or
  2 25 organization, and for the recall of employees so laid off,
  2 26 giving primary consideration in layoffs to the performance
  2 27 record and secondary consideration to the length of service.
  2 28 An employee who has been laid off may be on a recall list for
  2 29 one year, which list shall be exhausted by the agency
  2 30 enforcing the layoff before selection of an employee may be
  2 31 made from the promotional or nonpromotional list of eligibles
  2 32 in the employee's classification.  Employees who are subject
  2 33 to contracts negotiated under chapter 20 which include layoff
  2 34 and recall provisions shall be governed by the contract
  2 35 provisions.
  3  1    16.  For discharge, suspension, or reduction in job
  3  2 classification or pay grade for any of the following causes:
  3  3 failure to perform assigned duties; inadequacy in performing
  3  4 assigned duties; negligence; inefficiency; incompetence;
  3  5 insubordination; unrehabilitated alcoholism or narcotics
  3  6 addiction; dishonesty; unlawful discrimination; failure to
  3  7 maintain a license, certificate, or qualification necessary
  3  8 for a job classification or position; any act or conduct which
  3  9 adversely affects the employee's performance or the employing
  3 10 agency; or any other good cause for discharge, suspension, or
  3 11 reduction.  The person discharged, suspended, or reduced shall
  3 12 be given a written statement of the reasons for the discharge,
  3 13 suspension, or reduction within twenty-four hours after the
  3 14 discharge, suspension, or reduction.  All persons concerned
  3 15 with the administration of this chapter shall use their best
  3 16 efforts to insure that this chapter and the rules adopted
  3 17 hereunder shall not be a means of protecting or retaining
  3 18 unqualified or unsatisfactory employees, and shall discharge,
  3 19 suspend, or reduce in job classification or pay grade all
  3 20 employees who should be discharged, suspended, or reduced for
  3 21 any of the causes stated in this subsection.
  3 22    23.  For the establishment of work test appointments to job
  3 23 classifications such as laborers, attendants, aides, food
  3 24 service workers, laundry workers, custodial workers, or
  3 25 similar types of employment when the character of the work
  3 26 makes it impracticable to effectively supply the needs of the
  3 27 departments by written or other type of competitive
  3 28 examination.  If this subsection conflicts with any other
  3 29 provisions of this chapter, the provisions of this subsection
  3 30 govern the positions to which it applies.  All persons
  3 31 appointed to the positions specified in this subsection shall
  3 32 serve a probationary period in accordance with this chapter,
  3 33 may acquire permanent status, and are subject to the same
  3 34 rules as other employees.  Such persons shall be required to
  3 35 pass promotional examinations as prescribed by this chapter
  4  1 and the rules adopted by the director before they may be
  4  2 promoted to a higher classification.
  4  3    Sec. 5.  Section 19A.16, Code 1997, is amended to read as
  4  4 follows:
  4  5    19A.16  SERVICES TO POLITICAL SUBDIVISIONS.
  4  6    Subject to the rules approved by the commission, the The
  4  7 director may enter into agreements with any municipality or
  4  8 political subdivision of the state to furnish services and
  4  9 facilities of the agency to such the municipality or political
  4 10 subdivision in the administration of its personnel on merit
  4 11 principles.  Any such The agreement shall provide for the
  4 12 reimbursement to the state of the reasonable cost of the
  4 13 services and facilities furnished.  All municipalities and
  4 14 political subdivisions of the state are authorized to enter
  4 15 into such agreements.
  4 16    Nothing in this chapter shall affect any municipal civil
  4 17 service programs presently established under and pursuant to
  4 18 the provisions of chapter 400.
  4 19    Sec. 6.  Section 19A.18, unnumbered paragraphs 6 and 7,
  4 20 Code 1997, are amended to read as follows:
  4 21    Any officer or employee in the merit system who violates
  4 22 any of the provisions of this section shall be subject to
  4 23 suspension, dismissal, or demotion subject to the right of
  4 24 appeal herein.
  4 25    The commission director shall adopt any rules necessary for
  4 26 further restricting political activities of persons holding
  4 27 positions in the classified service employees in the executive
  4 28 branch, but only to the extent necessary to comply with
  4 29 federal standards.  Employees retain the right to vote as they
  4 30 please and to express their opinions on all subjects.
  4 31    Sec. 7.  Section 70A.1, unnumbered paragraphs 1 and 7, Code
  4 32 1997, are amended to read as follows:
  4 33    Salaries specifically provided for in an appropriation Act
  4 34 of the general assembly shall be in lieu of existing statutory
  4 35 salaries, for the positions provided for in the Act, and all
  5  1 salaries, including longevity where applicable by express
  5  2 provision in the Code, shall be paid according to the
  5  3 provisions of chapter 91A and shall be in full compensation of
  5  4 all services, including any service on committees, boards,
  5  5 commissions or similar duty for Iowa government, except for
  5  6 members of the general assembly.  A state employee on an
  5  7 annual salary shall not be paid for a pay period an amount
  5  8 which exceeds the employee's annual salary transposed into a
  5  9 rate applicable to the pay period by dividing the annual
  5 10 salary by the number of pay periods in the fiscal year.
  5 11 Salaries for state employees other than annual salaries
  5 12 covered by the overtime payment provisions of the federal Fair
  5 13 Labor Standards Act shall be established on an hourly basis.
  5 14    State employees, excluding state board of regents' faculty
  5 15 members with nine-month appointments, and employees covered
  5 16 under a collective bargaining agreement negotiated with the
  5 17 public safety bargaining unit who are eligible for accrued
  5 18 vacation benefits and accrued sick leave benefits, who have
  5 19 accumulated thirty days of sick leave, and who do not use sick
  5 20 leave during a full month of employment may elect to accrue up
  5 21 to one-half day of additional vacation.  The accrual of
  5 22 additional vacation time by an employee for not using sick
  5 23 leave during a month is in lieu of the accrual of up to one
  5 24 and one-half days of sick leave for that month.  The personnel
  5 25 commission director of the department of personnel may adopt
  5 26 the necessary rules and procedures for the implementation of
  5 27 this program for all state employees except employees of the
  5 28 state board of regents.  The state board of regents may adopt
  5 29 necessary rules for the implementation of this program for its
  5 30 employees.
  5 31    Sec. 8.  Section 70A.16, subsection 2, unnumbered paragraph
  5 32 1, Code 1997, is amended to read as follows:
  5 33    A state employee who is reassigned shall be reimbursed for
  5 34 moving expenses incurred in accordance with rules and policies
  5 35 adopted by the director of the department of personnel
  6  1 commission when all of the following circumstances exist:
  6  2    Sec. 9.  Section 137.6, subsection 4, Code 1997, is amended
  6  3 to read as follows:
  6  4    4.  Employ persons as necessary for the efficient discharge
  6  5 of its duties.  Employment practices shall meet the
  6  6 requirements of the personnel commission chapter 19A or any
  6  7 civil service provision adopted under chapter 400.
  6  8    Sec. 10.  Sections 19A.4, 19A.6, and 19A.7, Code 1997, are
  6  9 repealed.  
  6 10 
  6 11 
  6 12                                                             
  6 13                               RON J. CORBETT
  6 14                               Speaker of the House
  6 15 
  6 16 
  6 17                                                             
  6 18                               MARY E. KRAMER
  6 19                               President of the Senate
  6 20 
  6 21    I hereby certify that this bill originated in the House and
  6 22 is known as House File 401, Seventy-seventh General Assembly.
  6 23 
  6 24 
  6 25                                                             
  6 26                               ELIZABETH ISAACSON
  6 27                               Chief Clerk of the House
  6 28 Approved                , 1997
  6 29 
  6 30 
  6 31                         
  6 32 TERRY E. BRANSTAD
  6 33 Governor
     
Text: HF00400                           Text: HF00402
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