HF 2462 (LSB 6201HV (3) 85)

HOUSE FILE 2462

BY  COMMITTEE ON GOVERNMENT OVERSIGHT

(SUCCESSOR TO HSB 684)

A BILL FOR

An Act concerning public employee personnel settlement agreements and disciplinary actions, and including effective date and retroactive applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 22.7, subsection 11, paragraph a, subparagraph (5), Code 2014, is amended to read as follows:
   (5)  The fact that the individual resigned in lieu of termination, was discharged, or was demoted as the result of a final disciplinary action upon the exhaustion of all applicable contractual, legal, and statutory remedies, and the documented reasons and rationale for the resignation in lieu of termination, the discharge, or the demotion.
    Sec. 2.  NEW SECTION.  22.13A  Personnel settlement agreements —— state employees —— confidentiality —— disclosure.
   1.  For purposes of this section:
   a.  “Personnel settlement agreement” means a binding legal agreement between a state employee and the state employee’s employer, subject to section 22.13, to resolve a personnel dispute including but not limited to a grievance. “Personnel settlement agreement” does not include an initial decision by a state employee’s immediate supervisor concerning a personnel dispute or grievance.
   b.  “State employee” means an employee of the state who is an employee of the executive branch as described in sections 7E.2 and 7E.5.
   2.  Personnel settlement agreements shall not contain any confidentiality or nondisclosure provision that attempts to prevent the disclosure of the personnel settlement agreement. In addition, any confidentiality or nondisclosure provision in a personnel settlement agreement is void and unenforceable.
   3.  The requirements of this section shall not be superseded by any provision of a collective bargaining agreement.
   4.  All personnel settlement agreements shall be made easily accessible to the public on an internet site maintained as follows:
   a.  For personnel settlement agreements with an employee of the executive branch, excluding an employee of the state board of regents or institution under the control of the state board of regents, by the department of administrative services. 
   b.  For personnel settlement agreements with an employee of the state board of regents or institution under the control of the state board of regents, by the state board of regents.
    Sec. 3.  IMPLEMENTATION PROVISION.  This Act shall not be construed to limit or impair the ability of law enforcement personnel to investigate any activity that may violate the laws of the state.
    Sec. 4.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of immediate importance, takes effect upon enactment.
    Sec. 5.  RETROACTIVE APPLICABILITY.  The following provision of this Act applies retroactively to January 1, 2004:
   1.  The section of this Act amending section 22.7, subsection 11.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill concerns disclosure of information relating to disciplinary actions taken against certain public employees and personnel settlement agreements with state employees.
   Code section 22.7(11), concerning personal information in confidential personnel records of government bodies, is amended to provide that information in an official’s, officer’s, or employee’s personnel records concerning the fact that such an individual resigned in lieu of termination or was demoted as the result of a final disciplinary action by a government body and the documented reasons and rationale for any resignation in lieu of termination, discharge, or demotion against an individual are public records and not confidential. Under current law, only the fact in a personnel record that the individual was discharged is considered a public record and not confidential. This provision takes effect upon enactment and applies retroactively to January 1, 2004.
   New Code section 22.13A provides that personnel settlement agreements between the state and an employee of the state shall not contain any confidentiality or nondisclosure provisions that attempt to prevent the disclosure of the personnel settlement agreement and shall be made available to the public on an internet site. In addition, the bill provides that any confidentiality or nondisclosure provision in a personnel settlement agreement is not enforceable. New Code section 22.13A is applicable to employees of the executive branch of government and defines a personnel settlement agreement as a binding legal agreement between a state employee and the state employee’s employer, subject to Code section 22.13 relating to settlement agreements as public records, to resolve a personnel dispute including but not limited to certain grievances. The bill provides that the internet site be maintained by the department of administrative services or board of regents, as applicable, based on the employee covered. The bill also provides that the requirements of this new provision shall not be superseded by any collective bargaining agreement.
   The bill includes an implementation provision that provides that the bill shall not be construed to limit or impair the ability of law enforcement personnel to investigate violations of the law.
   These provisions of the bill take effect upon enactment.