House File 2462 - Introduced HOUSE FILE 2462 BY COMMITTEE ON GOVERNMENT OVERSIGHT (SUCCESSOR TO HSB 684) A BILL FOR An Act concerning public employee personnel settlement 1 agreements and disciplinary actions, and including effective 2 date and retroactive applicability provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 6201HV (3) 85 ec/rj

H.F. 2462 Section 1. Section 22.7, subsection 11, paragraph a, 1 subparagraph (5), Code 2014, is amended to read as follows: 2 (5) The fact that the individual resigned in lieu of 3 termination, was discharged , or was demoted as the result 4 of a final disciplinary action upon the exhaustion of all 5 applicable contractual, legal, and statutory remedies , and the 6 documented reasons and rationale for the resignation in lieu of 7 termination, the discharge, or the demotion . 8 Sec. 2. NEW SECTION . 22.13A Personnel settlement agreements 9 —— state employees —— confidentiality —— disclosure. 10 1. For purposes of this section: 11 a. “Personnel settlement agreement” means a binding legal 12 agreement between a state employee and the state employee’s 13 employer, subject to section 22.13, to resolve a personnel 14 dispute including but not limited to a grievance. “Personnel 15 settlement agreement” does not include an initial decision by a 16 state employee’s immediate supervisor concerning a personnel 17 dispute or grievance. 18 b. “State employee” means an employee of the state who is 19 an employee of the executive branch as described in sections 20 7E.2 and 7E.5. 21 2. Personnel settlement agreements shall not contain any 22 confidentiality or nondisclosure provision that attempts to 23 prevent the disclosure of the personnel settlement agreement. 24 In addition, any confidentiality or nondisclosure provision in 25 a personnel settlement agreement is void and unenforceable. 26 3. The requirements of this section shall not be superseded 27 by any provision of a collective bargaining agreement. 28 4. All personnel settlement agreements shall be made easily 29 accessible to the public on an internet site maintained as 30 follows: 31 a. For personnel settlement agreements with an employee of 32 the executive branch, excluding an employee of the state board 33 of regents or institution under the control of the state board 34 of regents, by the department of administrative services. 35 -1- LSB 6201HV (3) 85 ec/rj 1/ 3

H.F. 2462 b. For personnel settlement agreements with an employee of 1 the state board of regents or institution under the control of 2 the state board of regents, by the state board of regents. 3 Sec. 3. IMPLEMENTATION PROVISION. This Act shall not be 4 construed to limit or impair the ability of law enforcement 5 personnel to investigate any activity that may violate the laws 6 of the state. 7 Sec. 4. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 8 immediate importance, takes effect upon enactment. 9 Sec. 5. RETROACTIVE APPLICABILITY. The following provision 10 of this Act applies retroactively to January 1, 2004: 11 1. The section of this Act amending section 22.7, subsection 12 11. 13 EXPLANATION 14 The inclusion of this explanation does not constitute agreement with 15 the explanation’s substance by the members of the general assembly. 16 This bill concerns disclosure of information relating to 17 disciplinary actions taken against certain public employees and 18 personnel settlement agreements with state employees. 19 Code section 22.7(11), concerning personal information in 20 confidential personnel records of government bodies, is amended 21 to provide that information in an official’s, officer’s, or 22 employee’s personnel records concerning the fact that such an 23 individual resigned in lieu of termination or was demoted as 24 the result of a final disciplinary action by a government body 25 and the documented reasons and rationale for any resignation 26 in lieu of termination, discharge, or demotion against an 27 individual are public records and not confidential. Under 28 current law, only the fact in a personnel record that the 29 individual was discharged is considered a public record and not 30 confidential. This provision takes effect upon enactment and 31 applies retroactively to January 1, 2004. 32 New Code section 22.13A provides that personnel settlement 33 agreements between the state and an employee of the state shall 34 not contain any confidentiality or nondisclosure provisions 35 -2- LSB 6201HV (3) 85 ec/rj 2/ 3

H.F. 2462 that attempt to prevent the disclosure of the personnel 1 settlement agreement and shall be made available to the public 2 on an internet site. In addition, the bill provides that any 3 confidentiality or nondisclosure provision in a personnel 4 settlement agreement is not enforceable. New Code section 5 22.13A is applicable to employees of the executive branch of 6 government and defines a personnel settlement agreement as a 7 binding legal agreement between a state employee and the state 8 employee’s employer, subject to Code section 22.13 relating to 9 settlement agreements as public records, to resolve a personnel 10 dispute including but not limited to certain grievances. The 11 bill provides that the internet site be maintained by the 12 department of administrative services or board of regents, 13 as applicable, based on the employee covered. The bill also 14 provides that the requirements of this new provision shall not 15 be superseded by any collective bargaining agreement. 16 The bill includes an implementation provision that provides 17 that the bill shall not be construed to limit or impair the 18 ability of law enforcement personnel to investigate violations 19 of the law. 20 These provisions of the bill take effect upon enactment. 21 -3- LSB 6201HV (3) 85 ec/rj 3/ 3