Senate File 2358 S-5180 Amend Senate File 2358 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, Code 2014, is amended to read as follows: 5 a. Personal information in confidential personnel 6 records of government bodies relating to identified or 7 identifiable individuals who are officials, officers, 8 or employees of the government bodies. However, the 9 following information relating to such individuals 10 contained as of or after January 1, 2004, in personnel 11 records shall be public records: 12 (1) The name and compensation of the individual 13 including any written agreement establishing 14 compensation or any other terms of employment 15 excluding any information otherwise excludable from 16 public information pursuant to this section or any 17 other applicable provision of law. For purposes 18 of this paragraph, “compensation” means payment of, 19 or agreement to pay, any money, thing of value, or 20 financial benefit conferred in return for labor or 21 services rendered by an official, officer, or employee 22 plus the value of benefits conferred including but 23 not limited to casualty, disability, life, or health 24 insurance, other health or wellness benefits, vacation, 25 holiday, and sick leave, severance payments, retirement 26 benefits, and deferred compensation. 27 (2) The dates the individual was employed by the 28 government body. 29 (3) The positions the individual holds or has held 30 with the government body. 31 (4) The educational institutions attended by the 32 individual, including any diplomas and degrees earned, 33 and the names of the individual’s previous employers, 34 positions previously held, and dates of previous 35 employment. 36 (5) The fact that the individual resigned in lieu 37 of termination, was discharged , or was demoted as 38 the result of a final disciplinary action upon the 39 exhaustion of all applicable contractual, legal, and 40 statutory remedies , and the documented reasons and 41 rationale for the resignation in lieu of termination, 42 the discharge, or the demotion . For purposes of this 43 subparagraph, “demoted” and “demotion” mean a change of 44 an employee from a position in a given classification 45 to a position in a classification having a lower pay 46 grade. 47 Sec. 2. NEW SECTION . 22.13B Executive branch 48 bonuses —— disclosure. 49 1. For purposes of this section: 50 -1- SF2358.4246 (3) 85 ec/rj 1/ 4 #1.

a. “Bonus pay” means any additional remuneration 1 provided an employee in the form of a bonus, including 2 but not limited to a retention bonus, recruitment 3 bonus, exceptional job performance pay, extraordinary 4 job performance pay, exceptional performance pay, 5 extraordinary duty pay, or extraordinary or special 6 duty pay, and any extra benefit not otherwise provided 7 to other similarly situated employees. 8 b. “Executive branch employee” means an employee 9 of the executive branch of state government, which 10 includes any unit of state government, including 11 but not limited to an authority, board, commission, 12 committee, council, department, or independent 13 agency as defined in section 7E.4, and each principal 14 central department enumerated in section 7E.5; the 15 office of the governor; and the office of an elective 16 constitutional or statutory officer. 17 2. A decision to provide bonus pay to an executive 18 branch employee, including the amount paid and the 19 documented reasons and rationale for the bonus paid, 20 shall be a public record. 21 3. All decisions to provide bonus pay to an 22 executive branch employee, including information 23 described in subsection 2, shall be made easily 24 accessible to the public on an internet site maintained 25 as follows: 26 a. For decisions to provide bonus pay to an 27 employee of the executive branch, excluding an employee 28 of the state board of regents or institution under 29 the control of the state board of regents, by the 30 department of administrative services. 31 b. For decisions to provide bonus pay to an 32 employee of the state board of regents or institution 33 under the control of the state board of regents, by the 34 state board of regents. 35 Sec. 3. NEW SECTION . 70A.35 Personnel settlement 36 agreements —— public employers. 37 1. For purposes of this section: 38 a. “Personnel settlement agreement” means a binding 39 legal agreement between an employee and the employee’s 40 state employer to resolve a personnel dispute including 41 but not limited to a grievance. “Personnel settlement 42 agreement” does not include an initial decision by an 43 employee’s immediate supervisor concerning a personnel 44 dispute or grievance. 45 b. “State employer” means any of the following: 46 (1) The executive branch of state government, 47 to include a unit of state government, which is an 48 authority, board, commission, committee, council, 49 department, or independent agency as defined in section 50 -2- SF2358.4246 (3) 85 ec/rj 2/ 4

7E.4, including but not limited to each principal 1 central department enumerated in section 7E.5; the 2 office of the governor; and the office of an elective 3 constitutional or statutory officer. 4 (2) The general assembly, or any office or unit 5 under its administrative authority. 6 (3) The judicial branch, as provided in section 7 602.1102. 8 2. Personnel settlement agreements shall not 9 contain any confidentiality or nondisclosure 10 provision that attempts to prevent the disclosure of 11 the personnel settlement agreement. In addition, 12 any confidentiality or nondisclosure provision 13 in a personnel settlement agreement is void and 14 unenforceable. 15 3. The requirements of this section shall not be 16 superseded by any provision of a collective bargaining 17 agreement. 18 4. All personnel settlement agreements shall be 19 made easily accessible to the public on an internet 20 site maintained as follows: 21 a. For personnel settlement agreements with an 22 employee of the executive branch, excluding an employee 23 of the state board of regents or institution under 24 the control of the state board of regents, by the 25 department of administrative services. 26 b. For personnel settlement agreements with an 27 employee of the state board of regents or institution 28 under the control of the state board of regents, by the 29 state board of regents. 30 c. For personnel settlement agreements with an 31 employee of the judicial branch, by the judicial 32 branch. 33 d. For personnel settlement agreements with an 34 employee of the general assembly, by the general 35 assembly. 36 Sec. 4. IMPLEMENTATION PROVISION. This Act shall 37 not be construed to limit or impair the ability of law 38 enforcement personnel to investigate any activity that 39 may violate the laws of the state. 40 Sec. 5. EFFECTIVE UPON ENACTMENT. This Act, being 41 deemed of immediate importance, takes effect upon 42 enactment. 43 Sec. 6. RETROACTIVE APPLICABILITY. The section of 44 this Act amending section 22.7, subsection 11, applies 45 retroactively to all information described in section 46 22.7, subsection 11, paragraph “a”, subparagraphs 47 (1) through (5), as amended by this Act, relating to 48 information of such individuals contained as of or 49 after January 1, 2004, in personnel records. > 50 -3- SF2358.4246 (3) 85 ec/rj 3/ 4