Senate File 2347 S-5130 Amend the amendment, S-5126, to Senate File 2347 as 1 follows: 2 1. Page 1, after line 39 by inserting: 3 < ___. Page 36, after line 24 by inserting: 4 < DIVISION ___ 5 PUBLIC EMPLOYEE SETTLEMENT AGREEMENTS AND DISCIPLINARY 6 ACTIONS 7 Sec. ___. Section 22.7, subsection 11, paragraph 8 a, subparagraph (5), Code 2014, is amended to read as 9 follows: 10 (5) The fact that the individual resigned in lieu 11 of termination, was discharged , or was demoted as 12 the result of a final disciplinary action upon the 13 exhaustion of all applicable contractual, legal, and 14 statutory remedies , and the documented reasons and 15 rationale for the resignation in lieu of termination, 16 the discharge, or the demotion . 17 Sec. ___. 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 The requirements of this section shall not be 40 superseded by any provision of a collective bargaining 41 agreement. 42 4.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 -1- S5126.3843 (5) 85 kh/tm 1/ 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. ___. IMPLEMENTATION PROVISION. This division 5 of this Act shall not be construed to limit or impair 6 the ability of law enforcement personnel to investigate 7 any activity that may violate the laws of the state. 8 Sec. ___. EFFECTIVE UPON ENACTMENT. This division 9 of this Act, being deemed of immediate importance, 10 takes effect upon enactment. 11 Sec. ___. RETROACTIVE APPLICABILITY. The following 12 provision of this division of this Act applies 13 retroactively to January 1, 2004: 14 1. The section of this division of this Act 15 amending section 22.7, subsection 11. > 16 ___. Title page, by striking lines 1 through 5 17 and inserting < An Act relating to state finances 18 and public employment by appropriating moneys to the 19 college student aid commission, the department for the 20 blind, the department of education, and the state board 21 of regents, and providing for related matters, and 22 including effective date and retroactive applicability 23 provisions. >> 24 ______________________________ JULIAN B. GARRETT -2- S5126.3843 (5) 85 kh/tm 2/ 2