Senate
File
2054
-
Introduced
SENATE
FILE
2054
BY
JOCHUM
A
BILL
FOR
An
Act
relating
to
confidential
employees
under
the
state
1
merit
system
and
including
effective
date
and
retroactive
2
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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2054
Section
1.
Section
8A.412,
subsection
16,
Code
2014,
is
1
amended
to
read
as
follows:
2
16.
All
confidential
employees
as
defined
in
section
3
8A.412A
.
4
Sec.
2.
NEW
SECTION
.
8A.412A
Confidential
employee
defined.
5
1.
For
an
employee
hired
before
December
19,
2012,
6
“confidential
employee”
pursuant
to
section
8A.412,
subsection
7
16,
means
the
personal
secretary
of
an
elected
official
of
8
the
executive
branch
or
a
person
appointed
to
fill
a
vacancy
9
in
an
elective
office,
the
chair
of
a
full-time
board
or
10
commission,
or
the
director
of
a
state
agency;
as
well
as
the
11
nonprofessional
staff
in
the
office
of
the
auditor
of
state,
12
and
the
nonprofessional
staff
in
the
department
of
justice
13
except
those
reporting
to
the
administrator
of
the
consumer
14
advocate
division.
15
2.
For
an
employee
hired
on
or
after
December
19,
2012,
16
“confidential
employee”
pursuant
to
section
8A.412,
subsection
17
16,
means
the
same
as
provided
in
subsection
1,
except
for
18
an
employee
notified
in
writing
before
the
employee
accepts
19
employment
that
the
employee
will
be
excluded
from
the
merit
20
system
due
to
the
employee’s
status
as
a
confidential
employee.
21
Sec.
3.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
of
22
immediate
importance,
takes
effect
upon
enactment.
23
Sec.
4.
RETROACTIVE
APPLICABILITY.
This
Act
applies
24
retroactively
to
January
1,
2013.
25
EXPLANATION
26
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
27
the
explanation’s
substance
by
the
members
of
the
general
assembly.
28
Current
law
provides
that
confidential
employees
are
29
excluded
from
the
state
merit
system.
This
bill
provides
30
that
the
definition
of
“confidential
employee”
established
31
by
rule
before
December
19,
2012,
applies
to
employees
hired
32
before
that
date.
That
definition
stated
that
“confidential
33
employee”
means
the
personal
secretary
of
an
elected
official
34
of
the
executive
branch
or
a
person
appointed
to
fill
a
vacancy
35
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2054
in
an
elective
office,
the
chair
of
a
full-time
board
or
1
commission,
or
the
director
of
a
state
agency;
as
well
as
the
2
nonprofessional
staff
in
the
office
of
the
auditor
of
state,
3
and
the
nonprofessional
staff
in
the
department
of
justice
4
except
those
reporting
to
the
administrator
of
the
consumer
5
advocate
division.
6
The
bill
provides
that
the
same
definition
applies
to
7
employees
hired
on
or
after
December
19,
2012,
except
for
8
an
employee
notified
in
writing
before
the
employee
accepts
9
employment
that
the
employee
will
be
excluded
from
the
10
merit
system
due
to
the
employee’s
status
as
a
confidential
11
employee.
Effective
December
19,
2012,
department
of
12
administrative
services
rules
contain
an
additional
definition
13
of
“confidential
employee”
for
an
employee
who
is
in
a
14
confidential
relationship
with
a
director,
chief
deputy
15
administrative
officer,
division
administrator,
or
a
similar
16
position,
and
at
the
same
time
is
a
part
of
the
management
17
team,
legal
team,
or
both,
of
that
director,
chief
deputy
18
administrative
officer,
division
administrator,
or
similar
19
position.
20
The
bill
takes
effect
upon
enactment.
The
bill
applies
21
retroactively
to
January
1,
2013.
22
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