Senate
File
2244
-
Introduced
SENATE
FILE
2244
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
SF
2054)
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
TLSB
5036SV
(2)
85
je/rj
S.F.
2244
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.
“Confidential
employee”
pursuant
to
section
8A.412,
6
subsection
16,
means
the
personal
secretary
of
an
elected
7
official
of
the
executive
branch
or
a
person
appointed
to
fill
8
a
vacancy
in
an
elective
office,
the
chair
of
a
full-time
9
board
or
commission,
or
the
director
of
a
state
agency;
as
10
well
as
the
nonprofessional
staff
in
the
office
of
the
auditor
11
of
state,
and
the
nonprofessional
staff
in
the
department
of
12
justice
except
those
reporting
to
the
administrator
of
the
13
consumer
advocate
division.
14
2.
However,
“confidential
employee”
pursuant
to
section
15
8A.412,
subsection
16,
shall
be
defined
by
the
department
by
16
rule
for
an
employee
hired
on
or
after
December
19,
2012,
as
17
notified
in
writing
before
the
employee
accepts
employment
that
18
the
employee
may
be
excluded
from
the
merit
system
due
to
the
19
employee’s
status
as
a
confidential
employee.
20
Sec.
3.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
of
21
immediate
importance,
takes
effect
upon
enactment.
22
Sec.
4.
RETROACTIVE
APPLICABILITY.
This
Act
applies
23
retroactively
to
December
19,
2012.
24
EXPLANATION
25
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
26
the
explanation’s
substance
by
the
members
of
the
general
assembly.
27
Current
law
provides
that
confidential
employees
are
28
excluded
from
the
state
merit
system.
This
bill
provides
29
that
the
definition
of
“confidential
employee”
established
30
by
rule
before
December
19,
2012,
applies
to
such
employees.
31
That
definition
stated
that
“confidential
employee”
means
the
32
personal
secretary
of
an
elected
official
of
the
executive
33
branch
or
a
person
appointed
to
fill
a
vacancy
in
an
elective
34
office,
the
chair
of
a
full-time
board
or
commission,
or
the
35
-1-
LSB
5036SV
(2)
85
je/rj
1/
2
S.F.
2244
director
of
a
state
agency;
as
well
as
the
nonprofessional
1
staff
in
the
office
of
the
auditor
of
state,
and
the
2
nonprofessional
staff
in
the
department
of
justice
except
3
those
reporting
to
the
administrator
of
the
consumer
advocate
4
division.
5
The
bill
directs
the
department
of
administrative
services
6
to
define
“confidential
employee”
by
rule
for
an
employee
7
hired
on
or
after
December
19,
2012,
as
notified
in
writing
8
before
the
employee
accepts
employment
that
the
employee
may
be
9
excluded
from
the
merit
system
due
to
the
employee’s
status
as
10
a
confidential
employee.
11
Effective
December
19,
2012,
department
of
administrative
12
services
rules
have
contained
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
December
19,
2012.
22
-2-
LSB
5036SV
(2)
85
je/rj
2/
2