House File 498 - Introduced HOUSE FILE 498 BY COMMITTEE ON LABOR (SUCCESSOR TO HF 171) A BILL FOR An Act repealing requirements relating to the aggregate ratio 1 in the number of executive branch employees per supervisory 2 employee in executive branch agencies and including 3 effective date provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 2163HV (1) 84 jp/rj

H.F. 498 Section 1. Section 8A.402, subsection 2, paragraph g, Code 1 2011, is amended to read as follows: 2 g. (1) (a) Consult with the department of management 3 and discuss and collaborate with executive branch agencies to 4 implement and maintain a policy for incrementally increasing 5 the aggregate ratio in the number of employees per supervisory 6 employee in executive branch agencies. For purposes of 7 determining the effects of the policy on the state employee 8 workforce, the base date of July 1, 2008, shall be used and 9 the target date for full implementation shall be July 1, 2011. 10 The target aggregate ratio of supervisory employees to other 11 employees shall be as follows: 12 (i) For the fiscal year beginning July 1, 2010, one to 13 fourteen. 14 (ii) For the fiscal year beginning July 1, 2011, one to 15 fifteen. 16 (b) For the purposes of this paragraph “g” , “supervisory 17 employee” means a public employee who is not a member of a 18 collective bargaining unit and who has authority, in the 19 interest of a public employer, to hire, transfer, suspend, lay 20 off, recall, promote, discharge, assign, reward, or discipline 21 other public employees, to direct such public employees, or 22 to adjust the grievances of such public employees, or to 23 effectively recommend any such action. 24 (c) In this paragraph “g” , executive branch agencies, except 25 the department of public safety, shall not grant a supervisory 26 employee with the right to replace or bump a junior employee 27 not being laid off for a position for which the supervisory 28 employee is qualified. 29 (d) The policy shall allow appropriation units with 30 twenty-eight or fewer full-time equivalent employee positions 31 to apply for an exception to the policy through the executive 32 council. The policy shall allow for exceptions when 33 the supervisory employee ratio is mandated by a federal 34 requirement. 35 -1- LSB 2163HV (1) 84 jp/rj 1/ 4

H.F. 498 (e) (i) Beginning July 1, 2011, the policy shall allow 1 a director of an executive branch agency who believes that 2 the agency will not be able to reach the applicable target 3 aggregate ratio to apply for a waiver of that requirement 4 through a five-person review board. In applying for a waiver, 5 the director shall provide detailed documentation to the board 6 describing the efforts that the executive branch agency has 7 made in attempting to meet the applicable target aggregate 8 ratio provided in this paragraph “g” . The review board shall 9 consist of the director of the department of management or 10 a designee of the director, three agency directors or the 11 designees of those directors as designated by the governor, 12 and one public member selected by the employee organization 13 representing the greatest number of executive branch employees. 14 However, if a department represented on the review board seeks 15 a waiver, the member representing the department shall not 16 participate in the decision on whether to grant a waiver for 17 that department. 18 (ii) Prior to determining whether to grant a waiver, the 19 review board shall make an initial determination of whether the 20 executive branch agency has provided sufficient information 21 to conduct a review. If not, the review board shall deny 22 the request and notify the executive branch agency of the 23 information needed to consider the request for waiver. If a 24 waiver is granted, the review board shall limit the waiver to 25 only those operations within an executive branch agency in 26 which adequate justification for granting a waiver has been 27 established. 28 (f) The policy shall provide that if layoffs are 29 implemented, the number of middle management position layoffs 30 shall correspond to the relative number of direct service 31 position layoffs. 32 (g) The policy shall improve on the system in effect as 33 of the base date by specifically defining and accounting for 34 supervisory employee span of control. 35 -2- LSB 2163HV (1) 84 jp/rj 2/ 4

H.F. 498 (h) The policy shall provide that in calculating the span 1 of control ratio for an executive branch agency, unfunded 2 full-time equivalent positions shall not be utilized. 3 (i) The department shall present an interim report to the 4 governor and general assembly on or before April 1, 2010, 5 annual updates on or before April 1 subsequently, and a final 6 report on or before April 1, 2012, detailing the effects of 7 the policy on the composition of the workforce, cost savings, 8 government efficiency, and outcomes. 9 (j) The policy developed pursuant to this paragraph “g” 10 shall not encompass employees under the state board of regents. 11 (2) Evaluate the state’s systems for job classification of 12 executive branch employees in order to ensure the existence 13 of technical skill-based career paths for such employees 14 which do not depend upon an employee gaining supervisory 15 responsibility for advancement, and which provide incentives 16 for such employees to broaden their knowledge and skill base. 17 The evaluation shall include but is not limited to a review of 18 the classifications for all positions and providing options 19 for eliminating obsolete, duplicative, or unnecessary job 20 classifications. The department shall present interim reports 21 to the general assembly on or before January 15, 2010, and 22 January 14, 2011, concerning the department’s progress in 23 completing the evaluation and associated outcomes. 24 Sec. 2. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 25 immediate importance, takes effect upon enactment. 26 EXPLANATION 27 This bill amends Code section 8A.402, relating to the 28 responsibilities of the department of administrative services 29 involving state human resource management by repealing 30 requirements for increasing the aggregate ratio in the number 31 of executive branch employees per supervisory employee in 32 executive branch agencies. The affected provision provides, 33 with certain exceptions and exclusions, for increasing that 34 ratio to fifteen to one by fiscal year 2011-2012. 35 -3- LSB 2163HV (1) 84 jp/rj 3/ 4

H.F. 498 The bill takes effect upon enactment. 1 -4- LSB 2163HV (1) 84 jp/rj 4/ 4