Senate
File
182
-
Introduced
SENATE
FILE
182
BY
DANIELSON
A
BILL
FOR
An
Act
related
to
candidacy
and
service
in
elective
public
1
office
of
public
employees.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
55.1,
Code
2011,
is
amended
by
adding
the
1
following
new
subsection:
2
NEW
SUBSECTION
.
5.
A
city
employee
who
is
elected
to
3
a
municipal,
county,
state,
or
federal
office
shall
not
be
4
terminated
for
holding
that
office
unless
the
employer
can
5
show,
by
clear
and
convincing
evidence,
that
holding
the
office
6
to
which
the
employee
was
elected
precludes
the
employee
7
from
performing
the
required
duties
of
the
employee’s
job
8
description.
9
Sec.
2.
Section
55.4,
Code
2011,
is
amended
to
read
as
10
follows:
11
55.4
Leave
of
absence
for
public
employee
candidacy.
12
1.
Any
public
employee
who
becomes
a
candidate
for
any
13
elective
public
office
shall,
and
only
upon
request
of
the
14
employee
and
commencing
any
time
within
thirty
days
prior
to
a
15
contested
primary,
special,
or
general
election
and
continuing
16
until
after
the
day
following
that
election,
automatically
be
17
given
a
period
of
leave.
If
the
employee
is
under
chapter
8A,
18
subchapter
IV
,
the
employee
may
choose
to
use
accrued
vacation
19
leave,
accrued
compensatory
leave
or
leave
without
pay
to
cover
20
these
periods.
The
appointing
authority
may
authorize
other
21
employees
to
use
accrued
vacation
leave
or
accrued
compensatory
22
leave
instead
of
leave
without
pay
to
cover
these
periods.
An
23
employee
who
is
a
candidate
for
any
elective
public
office
24
shall
not
campaign
while
on
duty
as
an
employee.
25
2.
This
section
does
not
apply
to
employees
of
the
federal
26
government
or
to
a
public
employee
whose
position
is
financed
27
by
federal
funds
if
the
application
of
this
section
would
be
28
contrary
to
federal
law
or
result
in
the
loss
of
the
federal
29
funds.
30
EXPLANATION
31
This
bill
prohibits
a
city
from
terminating
a
city
employee
32
because
the
employee
holds
a
publicly
elected
office
unless
33
the
employer
can
show,
by
clear
and
convincing
evidence,
that
34
holding
public
office
precludes
the
employee
from
performing
35
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the
required
duties
of
the
employee’s
job
description.
1
The
bill
also
specifies
that
the
current
Code
provision
2
allowing
a
public
employee
who
becomes
a
candidate
for
public
3
office
to
be
given
a
leave
of
absence
from
employment
applies
4
only
if
the
employee
requests
the
leave
of
absence.
5
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