House
File
2462
H-8213
Amend
House
File
2462
as
follows:
1
1.
By
striking
everything
after
the
enacting
clause
2
and
inserting:
3
<
Section
1.
Section
22.7,
subsection
11,
paragraph
4
a,
subparagraph
(5),
Code
2014,
is
amended
to
read
as
5
follows:
6
(5)
The
fact
that
the
individual
resigned
in
lieu
7
of
termination,
was
discharged
,
or
was
demoted
as
8
the
result
of
a
final
disciplinary
action
upon
the
9
exhaustion
of
all
applicable
contractual,
legal,
and
10
statutory
remedies
,
and
the
documented
reasons
and
11
rationale
for
the
resignation
in
lieu
of
termination,
12
the
discharge,
or
the
demotion
.
For
purposes
of
this
13
subparagraph,
“demoted”
and
“demotion”
mean
a
change
of
14
an
employee
from
a
position
in
a
given
classification
15
to
a
position
in
a
classification
having
a
lower
pay
16
grade.
17
Sec.
2.
NEW
SECTION
.
22.13A
Personnel
settlement
18
agreements
——
state
employees
——
confidentiality
——
19
disclosure.
20
1.
For
purposes
of
this
section:
21
a.
“Personnel
settlement
agreement”
means
a
binding
22
legal
agreement
between
a
state
employee
and
the
state
23
employee’s
employer,
subject
to
section
22.13,
to
24
resolve
a
personnel
dispute
including
but
not
limited
25
to
a
grievance.
“Personnel
settlement
agreement”
does
26
not
include
an
initial
decision
by
a
state
employee’s
27
immediate
supervisor
concerning
a
personnel
dispute
or
28
grievance.
29
b.
“State
employee”
means
an
employee
of
the
state
30
who
is
an
employee
of
the
executive
branch
as
described
31
in
sections
7E.2
and
7E.5.
32
2.
Personnel
settlement
agreements
shall
not
33
contain
any
confidentiality
or
nondisclosure
34
provision
that
attempts
to
prevent
the
disclosure
of
35
the
personnel
settlement
agreement.
In
addition,
36
any
confidentiality
or
nondisclosure
provision
37
in
a
personnel
settlement
agreement
is
void
and
38
unenforceable.
39
3.
The
requirements
of
this
section
shall
not
be
40
superseded
by
any
provision
of
a
collective
bargaining
41
agreement.
42
4.
All
personnel
settlement
agreements
shall
be
43
made
easily
accessible
to
the
public
on
an
internet
44
site
maintained
as
follows:
45
a.
For
personnel
settlement
agreements
with
an
46
employee
of
the
executive
branch,
excluding
an
employee
47
of
the
state
board
of
regents
or
institution
under
48
the
control
of
the
state
board
of
regents,
by
the
49
department
of
administrative
services.
50
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2
#1.
b.
For
personnel
settlement
agreements
with
an
1
employee
of
the
state
board
of
regents
or
institution
2
under
the
control
of
the
state
board
of
regents,
by
the
3
state
board
of
regents.
4
Sec.
3.
IMPLEMENTATION
PROVISION.
This
Act
shall
5
not
be
construed
to
limit
or
impair
the
ability
of
law
6
enforcement
personnel
to
investigate
any
activity
that
7
may
violate
the
laws
of
the
state.
8
Sec.
4.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
9
deemed
of
immediate
importance,
takes
effect
upon
10
enactment.
11
Sec.
5.
RETROACTIVE
APPLICABILITY.
The
following
12
provision
of
this
Act
applies
retroactively
to
January
13
1,
2004:
14
1.
The
section
of
this
Act
amending
section
22.7,
15
subsection
11.
>
16
______________________________
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2