Text: HSB00181                          Text: HSB00183
Text: HSB00100 - HSB00199               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

House Study Bill 182

Bill Text

PAG LIN
  1  1    Section 1.  Section 19A.2A, Code 1997, is amended to read
  1  2 as follows:
  1  3    19A.2A  PURPOSE AND APPLICABILITY OF CHAPTER.
  1  4    The general purpose of this chapter is to establish for the
  1  5 state of Iowa a system of personnel administration based on
  1  6 merit principles and scientific methods to govern the
  1  7 appointment, promotion, welfare compensation, benefits,
  1  8 training, transfer, layoff, removal, and discipline of its
  1  9 civil employees, and other incidents of state employment.  It
  1 10 is also the purpose of this chapter to promote the
  1 11 coordination of personnel rules and policies with collective
  1 12 bargaining agreements negotiated under chapter 20.
  1 13    All appointments and promotions to positions in the state
  1 14 merit system executive branch shall be made solely on the
  1 15 basis of merit, and fitness, to be ascertained by competitive
  1 16 examinations and competition, except as otherwise specified in
  1 17 this chapter.
  1 18    Provisions of this chapter pertaining to qualifications,
  1 19 examination, competitive appointment, probation, and just
  1 20 cause hearings apply only to employees covered by the merit
  1 21 system.
  1 22    This chapter does not apply to persons who are independent
  1 23 contractors.
  1 24    Sec. 2.  Section 19A.3, subsection 8, Code 1997, is amended
  1 25 by striking the subsection.
  1 26    Sec. 3.  Section 19A.3, subsection 9, Code 1997, is amended
  1 27 to read as follows:
  1 28    9.  Seasonal Temporary employees appointed during a
  1 29 department's designated six-month seasonal employment period
  1 30 during the same annual twelve-month period, as approved by the
  1 31 director employed for less than one thousand forty hours
  1 32 during a fiscal year.
  1 33    Sec. 4.  Section 19A.8, subsection 3, Code 1997, is amended
  1 34 to read as follows:
  1 35    3.  To appoint such employees of the department and such
  2  1 experts, legal counsels, and special assistants as may be
  2  2 necessary to carry out effectively the provisions of this
  2  3 chapter.  Staff employees shall be appointed in accordance
  2  4 with the provisions of this chapter.
  2  5    Sec. 5.  Section 19A.8, subsection 6, Code 1997, is amended
  2  6 to read as follows:
  2  7    6.  To investigate, when deemed appropriate, the operation
  2  8 and effect of this chapter and of the rules made under it and
  2  9 to report semiannually the director's findings and
  2 10 recommendations to the governor.
  2 11    Sec. 6.  Section 19A.8, Code 1997, is amended by adding the
  2 12 following new subsection:
  2 13    NEW SUBSECTION.  9.  To investigate allegations of any
  2 14 violation of this chapter or chapter 19B in the discretion of
  2 15 the director.  The director, or director's designee, may
  2 16 investigate any alleged violation of this chapter or
  2 17 discrimination complaint against a state agency, negotiate a
  2 18 settlement to resolve a complaint, and order appropriate
  2 19 dispositions that may include, but are not limited to,
  2 20 discharge, suspension, or reduction in job classification or
  2 21 pay grade.  All information and data gathered in the course of
  2 22 an investigation, including complaint files, investigation
  2 23 files, investigation reports, and any other investigative
  2 24 information in the possession of the department, are
  2 25 considered confidential public records as provided in section
  2 26 22.7.
  2 27    Sec. 7.  Section 19A.9, subsection 8, Code 1997, is amended
  2 28 to read as follows:
  2 29    8.  For a probation period of six twelve months, excluding
  2 30 educational or training leave, before appointment may be made
  2 31 complete, and during which period a probationer probationary
  2 32 employee may be discharged or reduced in class or rank, or
  2 33 replaced on the eligible list.  The appointing authority shall
  2 34 within ten days prior to the expiration of an employee's
  2 35 probation period notify the director in writing whether the
  3  1 services of the employee have been satisfactory or
  3  2 unsatisfactory job classification or pay grade.  If the
  3  3 employee's services are unsatisfactory, the employee shall be
  3  4 dropped from the payroll on or before the expiration of the
  3  5 probation period.  If satisfactory, the appointment shall be
  3  6 deemed permanent.  The determination of the appointing
  3  7 authority shall be final and conclusive.
  3  8    Sec. 8.  Section 19A.9, subsection 9, Code 1997, is amended
  3  9 to read as follows:
  3 10    9.  For emergency employment for not more than sixty
  3 11 calendar days in any twelve-month period without examination,
  3 12 and for intermittent employment for not more than one hundred
  3 13 twenty calendar days in any twelve-month period.  For
  3 14 intermittent employment the employee must have had a
  3 15 probationary, permanent, or temporary appointment for less
  3 16 than one thousand forty hours in a fiscal year.  Temporary
  3 17 employees shall not accrue benefits and shall have no right to
  3 18 a position in the state merit system.
  3 19    Sec. 9.  Section 19A.9, Code 1997, is amended by adding the
  3 20 following new subsection:
  3 21    NEW SUBSECTION.  25.  For severance pay to permanent
  3 22 employees.
  3 23    Sec. 10.  Section 19A.12A, subsection 2, Code 1997, is
  3 24 amended to read as follows:
  3 25    2.  A combined charitable campaign revolving fund is
  3 26 created in the state treasury under the control of the
  3 27 department.  The moneys credited to the fund shall be used for
  3 28 the purpose of paying actual and necessary expenses incurred
  3 29 by the department in administering the program.
  3 30 Administrative expenses shall not exceed five percent of the
  3 31 contributions pledged the previous year.  All fees, grants, or
  3 32 specific appropriations for this purpose shall be credited to
  3 33 the fund.  The fees for the program shall be set by the
  3 34 director to cover only the cost of administration, and
  3 35 materials, and shall not cover salaries of state employees
  4  1 involved in the administration of the program.  The fees shall
  4  2 be paid to the department from the voluntary employee
  4  3 contributions and the payment shall be credited to the
  4  4 revolving fund.  Notwithstanding section 8.33, any
  4  5 unencumbered or unobligated balance in the fund shall not
  4  6 revert.
  4  7    Sec. 11.  Section 19A.14, Code 1997, is amended to read as
  4  8 follows:
  4  9    19A.14  GRIEVANCES AND DISCIPLINE RESOLUTION.
  4 10    1.  GRIEVANCES.  An employee, except an employee covered by
  4 11 a collective bargaining agreement which provides otherwise,
  4 12 who has exhausted the available agency steps in the uniform
  4 13 grievance procedure provided for in the department of
  4 14 personnel rules may, within seven fourteen calendar days
  4 15 following the date a decision was received or should have been
  4 16 received at the second step of the grievance procedure, file
  4 17 the grievance at the third step with the director.  The
  4 18 director shall respond within thirty calendar days following
  4 19 receipt of the third step grievance at the third step.
  4 20    If not satisfied, the employee may, within thirty calendar
  4 21 days following the director's response or within thirty
  4 22 calendar days after filing the grievance at the third step
  4 23 with the director, file an appeal with the public employment
  4 24 relations board, unless the employee alleges that the
  4 25 grievance is based on discrimination because of religion,
  4 26 race, national origin, sex, age, disability, or other reason
  4 27 prohibited under chapter 216.  The hearing shall be conducted
  4 28 in accordance with the rules of the public employment
  4 29 relations board and the Iowa administrative procedure Act
  4 30 chapter 17A.  Decisions rendered shall be based upon a
  4 31 standard of substantial compliance with this chapter and the
  4 32 rules of the department of personnel.  Decisions by the public
  4 33 employment relations board constitute final agency action.
  4 34 Further appeal shall be pursuant to chapter 17A.
  4 35    If the employee alleges that the grievance is based on
  5  1 discrimination because of religion, race, national origin,
  5  2 sex, age, disability, or other reason prohibited under chapter
  5  3 216, and pursues an appeal of the director's third step
  5  4 grievance response, the appeal shall be to the Iowa state
  5  5 civil rights commission pursuant to chapter 216.
  5  6    For purposes of this subsection, "uniform grievance
  5  7 procedure" does not include procedures for the appeal of
  5  8 discipline and discharge decisions.
  5  9    2.  DISCIPLINE RESOLUTION.  A An employee covered by the
  5 10 merit system employee provided for in this chapter, except an
  5 11 employee covered by a collective bargaining agreement, who is
  5 12 discharged, suspended, demoted, or otherwise reduced in pay
  5 13 for disciplinary reasons, except during the employee's
  5 14 probationary period, may bypass steps one and two of the
  5 15 uniform grievance procedure and appeal the disciplinary action
  5 16 to the director within seven calendar days following the
  5 17 effective date of the action.  The director shall respond
  5 18 within thirty calendar days following receipt of the appeal.
  5 19    If not satisfied, the employee may, within thirty calendar
  5 20 days following the director's response or within thirty
  5 21 calendar days after filing the grievance with the director,
  5 22 file an appeal with the public employment relations board,
  5 23 unless the employee alleges that the grievance is based on
  5 24 discrimination because of religion, race, national origin,
  5 25 sex, age, disability, or other reason prohibited under chapter
  5 26 216.  The employee has shall have the right to a hearing
  5 27 closed to the public, unless a public hearing is requested by
  5 28 the employee.  The hearing shall otherwise be conducted in
  5 29 accordance with the rules of the public employment relations
  5 30 board and the Iowa administrative procedure Act chapter 17A.
  5 31 If the public employment relations board finds that the action
  5 32 taken by the appointing authority was for political,
  5 33 religious, racial, national origin, sex, age, or other reasons
  5 34 not constituting just cause, the employee may be reinstated
  5 35 without loss of pay or benefits for the elapsed period, or the
  6  1 public employment relations board may provide other
  6  2 appropriate remedies.  Decisions by the public employment
  6  3 relations board constitute final agency action.  Further
  6  4 appeal shall be pursuant to chapter 17A.
  6  5    If the employee alleges that the disciplinary action was
  6  6 based on discrimination because of religion, race, national
  6  7 origin, sex, age, disability, or other reason prohibited under
  6  8 chapter 216, the employee must seek relief with the Iowa state
  6  9 civil rights commission pursuant to chapter 216.
  6 10    Sec. 12.  Section 20.4, subsection 5, Code 1997, is amended
  6 11 to read as follows:
  6 12    5.  Temporary public employees employed for a period of
  6 13 four months or less than one thousand forty hours during a
  6 14 fiscal year.
  6 15    Sec. 13.  Section 20.9, Code 1997, is amended to read as
  6 16 follows:
  6 17    20.9  SCOPE OF NEGOTIATIONS.
  6 18    The public employer and the employee organization shall
  6 19 meet at reasonable times, including meetings reasonably in
  6 20 advance of the public employer's budget-making process, to
  6 21 negotiate in good faith with respect to wages, hours,
  6 22 vacations, insurance, holidays, leaves of absence, shift
  6 23 differentials, overtime compensation, supplemental pay,
  6 24 seniority, transfer procedures, job classifications
  6 25 classification pay grades, health and safety matters,
  6 26 performance evaluation procedures, procedures for staff
  6 27 reduction, in-service training and other matters mutually
  6 28 agreed upon.  Negotiations shall also include terms
  6 29 authorizing dues checkoff for members of the employee
  6 30 organization and grievance procedures for resolving any
  6 31 questions arising under the agreement, which shall be embodied
  6 32 in a written agreement and signed by the parties.  If an
  6 33 agreement provides for dues checkoff, a member's dues may be
  6 34 checked off only upon the member's written request and the
  6 35 member may terminate the dues checkoff at any time by giving
  7  1 thirty days' written notice.  Such obligation to negotiate in
  7  2 good faith does not compel either party to agree to a proposal
  7  3 or make a concession.
  7  4    Nothing in this section shall diminish the exclusive
  7  5 authority and power of the department of personnel, board of
  7  6 regents' merit system, Iowa public broadcasting board's merit
  7  7 system, or any civil service commission established by
  7  8 constitutional provision, statute, charter or special act to
  7  9 recruit employees, prepare, conduct and grade examinations,
  7 10 rate candidates in order of their relative scores for
  7 11 certification for appointment or promotion or for other, and
  7 12 administer all matters of classification, reclassification or
  7 13 appeal rights, and classification appeals in the classified
  7 14 service of the public employer served.
  7 15    All retirement systems shall be excluded from the scope of
  7 16 negotiations.
  7 17    Sec. 14.  Section 22.7, Code 1997, is amended by adding the
  7 18 following new subsection:
  7 19    NEW SUBSECTION.  37.  Information and data gathered in the
  7 20 course of an investigation by the department of personnel of
  7 21 any violation of chapter 19A or 19B, including complaint
  7 22 files, investigation files, investigation reports, and any
  7 23 other investigative information in the possession of the
  7 24 department.
  7 25    Sec. 15.  Section 70A.25, Code 1997, is amended to read as
  7 26 follows:
  7 27    70A.25  EDUCATIONAL LEAVE – EDUCATIONAL ASSISTANCE.
  7 28    1.  DEFINITIONS.  As used in this section, unless the con-
  7 29 text otherwise requires:
  7 30    a.  "Educational assistance" means reimbursement for
  7 31 tuition, fees, books or, and other expenses incurred by a
  7 32 state employee in taking coursework at an educational
  7 33 institution or attending a workshop, seminar or conference
  7 34 without a reduction in ordinary job responsibilities and that
  7 35 the appointing authority determines contributes to the growth
  8  1 and development of the employee in the employee's present
  8  2 position.
  8  3    b.  "Educational leave" means full or partial absence from
  8  4 an employee's ordinary job responsibilities either with full
  8  5 or partial pay or without pay, to attend a course of study at
  8  6 an educational institution or a course of study conducted by a
  8  7 reputable sponsor on behalf of an educational institution.
  8  8 Educational leave may include reimbursement for all or a
  8  9 portion of educational expenses incurred.
  8 10    c.  "Educational leave and educational assistance" do not
  8 11 apply to job training and or employee development programs and
  8 12 departmental or seminars that are conducted or sponsored by a
  8 13 state agency for the exclusive benefit of employees of that
  8 14 the state agency.
  8 15    2.  GENERAL APPLICABILITY.  The purpose of educational
  8 16 leave with full or partial pay and educational assistance is
  8 17 to assist state employees to develop skills that will improve
  8 18 their ability to perform their present job responsibilities or
  8 19 in the case of educational leave to also provide training and
  8 20 educational opportunities for employees of a state agency that
  8 21 will enable the agency director to better meet the staffing
  8 22 needs of the state agency.
  8 23    The director of the department of personnel shall not allow
  8 24 the payment of expenses for courses unless the department,
  8 25 agency, or commission can demonstrate a relationship between
  8 26 the employee's job responsibilities and the courses to be
  8 27 taken or that the employee is required to will learn new
  8 28 skills for which the department, agency, or commission state
  8 29 has a need.
  8 30    3.  REPORTING AND REVIEW.
  8 31    a.  The director of the department of personnel shall
  8 32 periodically, and at least annually, review the implementation
  8 33 of educational leave and educational assistance programs by
  8 34 state agencies.
  8 35    b.  The head of each state agency, department, or
  9  1 commission shall report to the director of the department of
  9  2 personnel and shall report to the legislative council not
  9  3 later than October 1 of each year the direct and indirect
  9  4 costs to the agency of educational leave and educational
  9  5 assistance granted to agency employees during the preceding
  9  6 fiscal year.  The report shall include an estimate of costs
  9  7 saved by the state agency, department, or commission through
  9  8 the use of educational leave and educational assistance.  As
  9  9 used in this subsection, "indirect costs" includes but is not
  9 10 limited to adjustments in employee work assignments and agency
  9 11 operations necessitated by educational leave or assistance.
  9 12    c.  The report to the director of the department of
  9 13 personnel and legislative council shall identify the
  9 14 relationship of each course to the employee who is granted
  9 15 educational leave and how the course may improve the
  9 16 employee's job performance or the task to be accomplished
  9 17 within the agency.
  9 18    d. c.  The report to the director of the department of
  9 19 personnel and the legislative council shall also include:
  9 20    (1)  The number of employees who were granted educational
  9 21 leave and the amount of tuition reimbursement allowed by the
  9 22 each department, agency, or commission.
  9 23    (2)  The number of employees who were granted a leave from
  9 24 work to attend the classes and who continued to receive their
  9 25 salary and the number of hours of work from which those
  9 26 employees were excused.
  9 27    (3)  The number of employees who were granted a temporary
  9 28 leave of absence from work to attend the classes without pay
  9 29 and the amount of time missed absent.  
  9 30                           EXPLANATION
  9 31    This bill provides that individuals who are retained as
  9 32 independent contractors are not considered state employees for
  9 33 purposes of chapter 19A.
  9 34    The bill provides that individuals employed by the state
  9 35 for less than 1040 hours during a fiscal year are considered
 10  1 temporary employees and are exempt from the merit system under
 10  2 chapter 19A and from collective bargaining under chapter 20.
 10  3    The bill provides that the director of the department of
 10  4 personnel has the duty to investigate violations of chapters
 10  5 19A and 19B.  The bill further provides that the director has
 10  6 the ability to resolve discrimination complaints and that
 10  7 information gathered in a discrimination investigation is
 10  8 considered confidential for purposes of the open records law.
 10  9    The bill removes the requirement that the director of the
 10 10 department of personnel make semiannual reports to the
 10 11 governor regarding chapter 19A.
 10 12    The bill lengthens the probationary period for state
 10 13 employees from six to 12 months and eliminates the requirement
 10 14 that the appointing authority submit a report to the director
 10 15 of the department of personnel concerning the probationary
 10 16 employee's services.  The bill also allows for severance pay
 10 17 for permanent employees.
 10 18    The bill allows a previously prohibited reimbursement from
 10 19 the combined charitable campaign revolving fund for salaries
 10 20 of state employees and eliminates the provision limiting
 10 21 administrative expenses for the program to no more than 5
 10 22 percent of contributions pledged during the previous year.
 10 23    The bill amends the grievance and appeal provisions for
 10 24 state employees to require that grievances alleging
 10 25 discrimination in violation of chapter 216 are dealt with by
 10 26 the Iowa state civil rights commission and are not reviewed by
 10 27 the public employment relations board.
 10 28    The bill provides that job classifications, including
 10 29 appeals of a classification, are not subject to bargaining for
 10 30 public employees under chapter 20.
 10 31    The bill makes changes concerning educational leave and
 10 32 assistance granted state employees.  The bill requires that
 10 33 the leave contribute to the development of the employee and
 10 34 the state but eliminates the specific requirement that the
 10 35 leave relate to the employee's present position.  
 11  1 LSB 1320DP 77
 11  2 ec/jj/8.1
     

Text: HSB00181                          Text: HSB00183
Text: HSB00100 - HSB00199               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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