Text: S05027                            Text: S05029
Text: S05000 - S05099                   Text: S Index
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Senate Amendment 5028

Amendment Text

PAG LIN
  1  1    Amend Senate File 2039 as follows:
  1  2    #1.  By striking everything after the enacting
  1  3 clause and inserting the following:
  1  4    "Section 1.  Section 260C.39, unnumbered paragraph
  1  5 3, Code Supplement 1997, is amended to read as
  1  6 follows:
  1  7    The terms of employment of personnel, for the
  1  8 academic year following the effective date of the
  1  9 agreement to combine the merged areas shall not be
  1 10 affected by the combination of the merged areas,
  1 11 except in accordance with the procedures under
  1 12 sections 279.15 to 279.18 279.17 and section 279.24,
  1 13 to the extent those procedures are applicable, or
  1 14 under the terms of the base bargaining agreement.  The
  1 15 authority and responsibility to offer new contracts or
  1 16 to continue, modify, or terminate existing contracts
  1 17 pursuant to any applicable procedures under chapter
  1 18 279, shall be transferred to the acting, and then to
  1 19 the new, board of the combined merged area upon
  1 20 certification of a favorable vote to each of the
  1 21 merged areas affected by the agreement.  The
  1 22 collective bargaining agreement of the merged area
  1 23 receiving the greatest amount of general state aid
  1 24 shall serve as the base agreement for the combined
  1 25 merged area and the employees of the merged areas
  1 26 which combined to form the new combined merged area
  1 27 shall automatically be accreted to the bargaining unit
  1 28 from that former merged area for purposes of
  1 29 negotiating the contracts for the following years
  1 30 without further action by the public employment
  1 31 relations board.  If only one collective bargaining
  1 32 agreement is in effect among the merged areas which
  1 33 are combining under this section, then that agreement
  1 34 shall serve as the base agreement, and the employees
  1 35 of the merged areas which are combining to form the
  1 36 new combined merged area shall automatically be
  1 37 accreted to the bargaining unit of that former merged
  1 38 area for purposes of negotiating the contracts for the
  1 39 following years without further action by the public
  1 40 employment relations board.  The board of the combined
  1 41 merged area, using the base agreement as its existing
  1 42 contract, shall bargain with the combined employees of
  1 43 the merged areas that have agreed to combine for the
  1 44 academic year beginning with the effective date of the
  1 45 agreement to combine merged areas.  The bargaining
  1 46 shall be completed by March 15 prior to the academic
  1 47 year in which the agreement to combine merged areas
  1 48 becomes effective or within one hundred eighty days
  1 49 after the organization of the acting board of the new
  1 50 combined merged area, whichever is later.  If a
  2  1 bargaining agreement was already concluded in the
  2  2 former merged area which has the collective bargaining
  2  3 agreement that is serving as the base agreement for
  2  4 the new combined merged area, between the former
  2  5 merged area board and the employees of the former
  2  6 merged area, that agreement is void, unless the
  2  7 agreement contained multiyear provisions affecting
  2  8 academic years subsequent to the effective date of the
  2  9 agreement to form a combined merged area.  If the base
  2 10 collective bargaining agreement contains multiyear
  2 11 provisions, the duration and effect of the agreement
  2 12 shall be controlled by the terms of the agreement.
  2 13 The provisions of the base agreement shall apply to
  2 14 the offering of new contracts, or the continuation,
  2 15 modification, or termination of existing contracts
  2 16 between the acting or new board of the combined merged
  2 17 area and the combined employees of the new combined
  2 18 merged area.
  2 19    Sec. 2.  Section 275.33, subsection 1, Code 1997,
  2 20 is amended to read as follows:
  2 21    1.  The terms of employment of superintendents,
  2 22 principals, and teachers, for the school year
  2 23 following the effective date of the formation of the
  2 24 new district shall not be affected by the formation of
  2 25 the new district, except in accordance with the
  2 26 provisions of sections 279.15 to 279.18 279.17 and
  2 27 279.24 and the authority and responsibility to offer
  2 28 new contracts or to continue, modify, or terminate
  2 29 existing contracts pursuant to sections 279.12,
  2 30 279.13, 279.15 to 279.21, 279.23, and 279.24 for the
  2 31 school year beginning with the effective date of the
  2 32 reorganization shall be transferred from the boards of
  2 33 the existing districts to the board of the new
  2 34 district on the third Tuesday of January prior to the
  2 35 school year the reorganization is effective.
  2 36    Sec. 3.  Section 279.15, Code 1997, is amended to
  2 37 read as follows:
  2 38    279.15  NOTICE OF TERMINATION – REQUEST FOR
  2 39 HEARING.
  2 40    1.  The superintendent or the superintendent's
  2 41 designee shall notify the teacher not later than April
  2 42 30 March 15 that the superintendent will recommend in
  2 43 writing recommends to the board at a regular or
  2 44 special meeting of the board, held not later than May
  2 45 15, that the teacher's continuing contract be
  2 46 terminated effective at the end of the current school
  2 47 year.  However, if the district is subject to
  2 48 reorganization under chapter 275, the notification
  2 49 shall not occur until after the first organizational
  2 50 meeting of the board of the newly formed district.
  3  1    2.  Notification of recommendation of termination
  3  2 of a teacher's contract shall be in writing, signed by
  3  3 the superintendent and the presiding officer of the
  3  4 board, and shall be personally delivered to the
  3  5 teacher, or mailed by certified mail.  The
  3  6 notification shall be complete when received by the
  3  7 teacher.  The notification and the recommendation to
  3  8 terminate shall contain a short and plain statement of
  3  9 the reasons, which shall be for just cause, why the
  3 10 recommendation is being made.  The notification shall
  3 11 be given at or before the time the recommendation is
  3 12 given to the board.
  3 13    3.  As a part of the termination proceedings, the
  3 14 teacher's complete personnel file of employment by
  3 15 that board shall be available to the teacher, which
  3 16 file shall contain a record of all periodic
  3 17 evaluations between the teacher and appropriate
  3 18 supervisors.
  3 19    4.  Within five days of the receipt of the written
  3 20 notice that the superintendent is recommending
  3 21 recommends termination of the contract, the teacher
  3 22 may request, in writing to the secretary of the board,
  3 23 a private hearing with the board an adjudicator
  3 24 selected in accordance with section 279.17.  The
  3 25 private hearing shall not be subject to chapter 21 and
  3 26 shall be held no sooner than ten twenty days and no
  3 27 later than twenty thirty days following the receipt of
  3 28 the request unless the parties otherwise agree.  The
  3 29 secretary of the board shall notify the teacher in
  3 30 writing of the date, time, and location of the private
  3 31 hearing, and at least five ten days before the hearing
  3 32 shall also furnish to the teacher any documentation
  3 33 which may be presented to by the superintendent and
  3 34 the board at the private hearing and a list of persons
  3 35 who may address the board adjudicator in support of
  3 36 the superintendent's recommendation at the private
  3 37 hearing.  At least three days before the hearing, the
  3 38 teacher shall provide any documentation the teacher
  3 39 expects to present at the private hearing, along with
  3 40 the names of any persons who may address the board on
  3 41 behalf of the teacher.  This exchange of information
  3 42 shall be at the time specified unless otherwise
  3 43 agreed.
  3 44    Sec. 4.  Section 279.16, Code 1997, is amended to
  3 45 read as follows:
  3 46    279.16  PRIVATE HEARING – DECISION – RECORD.
  3 47    1.  The participants at the private hearing shall
  3 48 be at least a majority of the interested members of
  3 49 the board, their legal representatives, if any, the
  3 50 superintendent, the superintendent's designated
  4  1 representatives, if any, the teacher's immediate
  4  2 supervisor, the teacher, the teacher's
  4  3 representatives, if any, and the witnesses for the
  4  4 parties.  The evidence at the private hearing shall be
  4  5 limited to the specific reasons stated in the
  4  6 superintendent's notice of recommendation of
  4  7 termination.  No participant in the hearing shall be
  4  8 liable for any damages to any person if any statement
  4  9 at the hearing is determined to be erroneous as long
  4 10 as the statement was made in good faith.  The
  4 11 superintendent shall present evidence and argument on
  4 12 all issues involved and the teacher may cross-examine,
  4 13 respond and present evidence and argument in the
  4 14 teacher's behalf relevant to all issues involved.
  4 15 Evidence may be by stipulation of the parties and
  4 16 informal settlement may be made by stipulation,
  4 17 consent, or default or by any other method agreed upon
  4 18 by the parties in writing.  The board shall employ a
  4 19 certified shorthand reporter to keep a record of the
  4 20 private hearing.  The proceedings or any Any part
  4 21 thereof of the proceedings shall be transcribed at the
  4 22 request of either party with the expense of
  4 23 transcription charged to the requesting party school
  4 24 district.
  4 25    2.  The presiding officer of the board adjudicator
  4 26 may administer oaths in the same manner and with like
  4 27 effect and under the same penalties as in the case of
  4 28 magistrates exercising criminal or civil jurisdiction.
  4 29 The board adjudicator shall cause subpoenas to be
  4 30 issued for such witnesses and the production of such
  4 31 any books and papers as either the board or the
  4 32 teacher may designate.  The subpoenas shall be signed
  4 33 by the presiding officer of the board adjudicator.
  4 34    3.  In case a witness is duly subpoenaed and
  4 35 refuses to attend, or in case a witness appears and
  4 36 refuses to testify or to produce required books or
  4 37 papers, the board adjudicator shall, in writing,
  4 38 report such refusal to the district court of the
  4 39 county in which the administrative office of the
  4 40 school district is located, and the court shall
  4 41 proceed with the person or witness as though the
  4 42 refusal had occurred in a proceeding legally pending
  4 43 before the court.
  4 44    The board shall not be bound by common law or
  4 45 statutory rules of evidence or by technical or formal
  4 46 rules of procedure, but it shall hold the hearing in
  4 47 such manner as is best suited to ascertain and
  4 48 conserve the substantial rights of the parties.
  4 49 Process and procedure under sections 279.13 to 279.19
  4 50 shall be as summary as reasonably may be.
  5  1    4.  At the conclusion of the private hearing, the
  5  2 superintendent and the teacher may file written briefs
  5  3 and arguments with the board adjudicator within three
  5  4 days or such other time as may be agreed upon.
  5  5    5.  If the teacher fails to timely request a
  5  6 private hearing or does not appear at the private
  5  7 hearing, the board may proceed and make a
  5  8 determination upon the superintendent's
  5  9 recommendation.  If the teacher fails to timely file a
  5 10 request for a private hearing, the determination shall
  5 11 be not later than May 31 April 15.  If the teacher
  5 12 fails to appear at the private hearing, the
  5 13 determination shall be not later than five days after
  5 14 the scheduled date for the private hearing.  The board
  5 15 shall convene in open session and by roll call vote
  5 16 determine the termination or continuance of the
  5 17 teacher's contract.
  5 18    6.  Within five days after the private hearing, the
  5 19 board shall, in executive session, meet to make a
  5 20 final decision upon the recommendation and the
  5 21 evidence as herein provided.  The board adjudicator
  5 22 shall also consider any written brief and arguments
  5 23 submitted by the superintendent and the teacher.
  5 24    7.  The record for a private hearing shall include
  5 25 the following:
  5 26    1. a.  All pleadings, motions and intermediate
  5 27 rulings.
  5 28    2. b.  All evidence received or considered and all
  5 29 other submissions.
  5 30    3. c.  A statement of all matters officially
  5 31 noticed.
  5 32    4. d.  All questions and offers of proof,
  5 33 objections and rulings thereon.
  5 34    5. e.  All findings and exceptions.
  5 35    6. f.  Any decision, opinion, or conclusion by the
  5 36 board.
  5 37    7. g.  Findings of fact shall be based solely on
  5 38 the evidence in the record and on matters officially
  5 39 noticed in the record.
  5 40    8.  The decision of the board adjudicator shall be
  5 41 in writing and shall include findings of fact and
  5 42 conclusions of law, separately stated.  Findings of
  5 43 fact, if set forth in statutory language, shall be
  5 44 accompanied by a concise and explicit statement of the
  5 45 underlying facts and supporting the findings.  Each
  5 46 conclusion of law shall be supported by cited
  5 47 authority or by reasoned opinion.
  5 48    9.  When the board has reached a decision, opinion,
  5 49 or conclusion, it shall convene in open meeting and by
  5 50 roll call vote determine the continuance or
  6  1 discontinuance of the teacher's contract.  The record
  6  2 of the private conference and findings of fact and
  6  3 exceptions shall be exempt from the provisions of
  6  4 chapter 22.  The secretary of the board adjudicator
  6  5 shall make a decision within thirty days and shall,
  6  6 upon reaching a decision, immediately mail notice of
  6  7 the board's action decision to the teacher, the
  6  8 superintendent, and the secretary of the board.  The
  6  9 adjudicator's decision is final and binding unless it
  6 10 can be shown that the adjudicator exceeded the
  6 11 adjudicator's authority.
  6 12    10.  The record of the private hearing and findings
  6 13 of fact and exceptions shall be exempt from the
  6 14 provisions of chapter 22.
  6 15    Sec. 5.  Section 279.17, Code 1997, is amended to
  6 16 read as follows:
  6 17    279.17  APPEAL BY TEACHER TO SELECTION AND
  6 18 AUTHORITY OF ADJUDICATOR.
  6 19    If the teacher is no longer a probationary teacher,
  6 20 the teacher may, within ten days, appeal the
  6 21 determination of the board to an adjudicator by filing
  6 22 a notice of appeal with the secretary of the board.
  6 23 The notice of appeal shall contain a concise statement
  6 24 of the action which is the subject of the appeal, the
  6 25 particular board action appealed from, the grounds on
  6 26 which relief is sought and the relief sought.
  6 27    1.  Within five days following receipt by the
  6 28 secretary of the notice of appeal a teacher's request
  6 29 for a private hearing by an adjudicator as provided in
  6 30 section 279.15, the board or the board's legal
  6 31 representative, if any, and the teacher or the
  6 32 teacher's representative, if any, may select an
  6 33 adjudicator who resides within the boundaries of the
  6 34 merged area in which the school district is located.
  6 35 If an adjudicator cannot be mutually agreed upon
  6 36 within the five-day period, the secretary shall notify
  6 37 the chairperson of the public employment relations
  6 38 board by transmitting the notice of appeal request for
  6 39 a private hearing, and the chairperson of the public
  6 40 employment relations board shall within five days
  6 41 provide a list of five adjudicators to the parties.
  6 42 Within three days from receipt of the list of
  6 43 adjudicators, the parties shall select an adjudicator
  6 44 by alternately removing a name from the list until
  6 45 only one name remains.  The person whose name remains
  6 46 shall be the adjudicator.  The parties shall determine
  6 47 by lot which party shall remove the first name from
  6 48 the list submitted by the chairperson of the public
  6 49 employment relations board.  The secretary of the
  6 50 board shall inform the chairperson of the public
  7  1 employee relations board of the name of the
  7  2 adjudicator selected.
  7  3    If the teacher does not timely request an appeal to
  7  4 an adjudicator the decision, opinion, or conclusion of
  7  5 the board shall become final and binding.
  7  6    Within thirty days after filing the notice of
  7  7 appeal, or within further time allowed by the
  7  8 adjudicator, the board shall transmit to the
  7  9 adjudicator the original or a certified copy of the
  7 10 entire record of the private hearing which may be the
  7 11 subject of the petition.  By stipulation of the
  7 12 parties to review the proceedings, the record of the
  7 13 case may be shortened.  The adjudicator may require or
  7 14 permit subsequent corrections or additions to the
  7 15 shortened record.
  7 16    The record certified and filed by the board shall
  7 17 be the record upon which the appeal shall be heard and
  7 18 no additional evidence shall be heard by the
  7 19 adjudicator.  In such appeal to the adjudicator,
  7 20 especially when considering the credibility of
  7 21 witnesses, the adjudicator shall give weight to the
  7 22 fact findings of the board; but shall not be bound by
  7 23 them.
  7 24    Before the date set for hearing a petition for
  7 25 review of board action, which shall be within ten days
  7 26 after receipt of the record unless otherwise agreed or
  7 27 unless the adjudicator orders additional evidence be
  7 28 taken before the board, application may be made to the
  7 29 adjudicator for leave to present evidence in addition
  7 30 to that found in the record of the case.  If it is
  7 31 shown to the adjudicator that the additional evidence
  7 32 is material and that there were good reasons for
  7 33 failure to present it in the private hearing before
  7 34 the board, the adjudicator may order that the
  7 35 additional evidence be taken before the board upon
  7 36 conditions determined by the adjudicator.  The board
  7 37 may modify its findings and decision in the case by
  7 38 reason of the additional evidence and shall file that
  7 39 evidence and any modifications, new findings, or
  7 40 decisions, with the adjudicator and mail copies of the
  7 41 new findings or decisions to the teacher.
  7 42    2.  The adjudicator may affirm board action or
  7 43 remand to the board for further proceedings.  The
  7 44 adjudicator shall reverse, modify, the
  7 45 superintendent's recommendation to terminate the
  7 46 teacher's contract or grant any appropriate relief
  7 47 from the board action require the board to continue
  7 48 the teacher's contract if substantial rights of the
  7 49 teacher have been prejudiced because the board action
  7 50 is the adjudicator determines that termination of the
  8  1 contract would be any of the following:
  8  2    1. a.  In A violation of a board rule or policy or
  8  3 contract; or.
  8  4    2. b.  Unsupported by a preponderance of the
  8  5 competent evidence in the record made before the board
  8  6 adjudicator when that record is viewed as a whole; or.
  8  7    3. c.  Unreasonable, arbitrary or capricious or
  8  8 characterized by an abuse of discretion or a clearly
  8  9 unwarranted exercise of discretion.
  8 10    The adjudicator shall, within fifteen days after
  8 11 the hearing, make a decision and shall give a copy of
  8 12 the decision to the teacher and the secretary of the
  8 13 board.  The decision of the adjudicator shall become
  8 14 the final and binding decision of the board unless
  8 15 either party within ten days notifies the secretary of
  8 16 the board that the decision is rejected.  The board
  8 17 may reject the decision by majority vote, by roll
  8 18 call, in open meeting and entered into the minutes of
  8 19 the meeting.  The board shall immediately notify the
  8 20 teacher of its decision by certified mail.  The
  8 21 teacher may reject the adjudicator's decision by
  8 22 notifying the board's secretary in writing within ten
  8 23 days of the filing of such decision.
  8 24    3.  All costs of the adjudicator shall be shared
  8 25 equally by the teacher and the board.
  8 26    Sec. 6.  Section 279.18, Code 1997, is repealed." 
  8 27 
  8 28 
  8 29                               
  8 30 ELAINE SZYMONIAK 
  8 31 SF 2039.201 77
  8 32 kh/jl/28
     

Text: S05027                            Text: S05029
Text: S05000 - S05099                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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