House File 2462 H-8220 Amend the amendment, H-8213, to House File 2462 as 1 follows: 2 1. By striking page 1, line 4, through page 2, line 3 4, and inserting: 4 << Section 1. NEW SECTION . 22.13A Personnel 5 settlement agreements —— executive branch employers. 6 1. For purposes of this section: 7 a. “Executive branch employer” means the executive 8 branch of state government, which includes any unit 9 of state government, including but not limited to an 10 authority, board, commission, committee, council, 11 department, or independent agency as defined in section 12 7E.4, each principal central department enumerated 13 in section 7E.5; and the office of the governor. 14 “Executive branch employer” does not include the office 15 of an elective constitutional or statutory officer that 16 is not the office of the governor. 17 b. “Personnel settlement agreement” means a binding 18 legal agreement between an employee and the employee’s 19 executive branch employer to resolve a personnel 20 dispute including but not limited to a grievance. 21 “Personnel settlement agreement” does not include an 22 initial decision by an employee’s immediate supervisor 23 concerning a personnel dispute or grievance. 24 2. a. For personnel settlement agreements with an 25 employee of an executive branch employer, excluding an 26 employee of the state board of regents or institution 27 under the control of the state board of regents, 28 the personnel settlement agreement shall, to the 29 extent consistent with any provision of an applicable 30 collective bargaining agreement, be reviewed and 31 approved as to form by the attorney general or by 32 the attorney general’s designee, and approved by the 33 director of the department of management, the director 34 of the department of administrative services, and the 35 head of the agency or office involved with the matter 36 at issue. 37 b. For personnel settlement agreements with an 38 employee of the state board of regents or institution 39 under the control of the state board of regents, 40 the personnel settlement agreement shall, to the 41 extent consistent with any provision of an applicable 42 collective bargaining agreement, be reviewed and 43 approved as to form by the attorney general or by 44 the attorney general’s designee, and approved by the 45 executive director of the state board of regents and 46 the head of the institution involved with the matter 47 at issue. 48 c. For personnel settlement agreements with an 49 employee of an executive branch employer subject to 50 -1- H8213.3824 (2) 85 ec/rj 1/ 4 #1.
review and approval pursuant to the requirements of a 1 collective bargaining agreement that are inconsistent 2 with the requirements of this subsection, a report on 3 the personnel settlement agreement shall be provided to 4 those persons who would otherwise review or approve the 5 personnel settlement agreement for that employee. 6 3. Personnel settlement agreements shall not 7 contain any confidentiality or nondisclosure provision 8 that attempts to prevent the disclosure of the 9 personnel settlement agreement. 10 4. All personnel settlement agreements shall be 11 made easily accessible to the public on an internet 12 site maintained as follows: 13 a. For personnel settlement agreements with an 14 employee of an executive branch employer, excluding an 15 employee of the state board of regents or institution 16 under the control of the state board of regents, by the 17 department of administrative services. 18 b. For personnel settlement agreements with an 19 employee of the state board of regents or institution 20 under the control of the state board of regents, by the 21 state board of regents. > 22 2. Page 2, by striking lines 12 through 16 and 23 inserting: 24 < ___. Title page, line 2, by striking < and 25 disciplinary actions > 26 ___. Title page, line 3, by striking < and 27 retroactive applicability >> 28 3. By renumbering as necessary. 29 ______________________________ GAINES of Polk ______________________________ ABDUL-SAMAD of Polk ______________________________ ANDERSON of Polk ______________________________ BERRY of Black Hawk ______________________________ COHOON of Des Moines -2- H8213.3824 (2) 85 ec/rj 2/ 4 #2. #3.
______________________________ GASKILL of Wapello ______________________________ HANSON of Jefferson ______________________________ HUNTER of Polk ______________________________ ISENHART of Dubuque ______________________________ JACOBY of Johnson ______________________________ KEARNS of Lee ______________________________ KRESSIG of Black Hawk ______________________________ LENSING of Johnson ______________________________ H. MILLER of Webster ______________________________ MUHLBAUER of Crawford ______________________________ OLDSON of Polk ______________________________ PRICHARD of Floyd ______________________________ RUFF of Clayton -3- H8213.3824 (2) 85 ec/rj 3/ 4
______________________________ M. SMITH of Marshall ______________________________ STAED of Linn ______________________________ STECKMAN of Cerro Gordo ______________________________ STUTSMAN of Johnson ______________________________ T. TAYLOR of Linn ______________________________ THEDE of Scott ______________________________ THOMAS of Clayton ______________________________ WESSEL-KROESCHELL of Story ______________________________ WINCKLER of Scott ______________________________ WOLFE of Clinton -4- H8213.3824 (2) 85 ec/rj 4/ 4