House Study Bill 113 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CHAIRPERSON VANDER LINDEN) A BILL FOR An Act concerning government accountability, relating to 1 state employee bonuses, personnel records and settlement 2 agreements and disciplinary actions, and citizen interaction 3 with state government, and including effective date and 4 retroactive applicability provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 1416YC (1) 86 ec/rj

H.F. _____ DIVISION I 1 PERSONNEL RECORDS AND SETTLEMENT AGREEMENTS 2 Section 1. Section 22.7, subsection 11, paragraph a, Code 3 2015, is amended to read as follows: 4 a. Personal information in confidential personnel records 5 of government bodies relating to identified or identifiable 6 individuals who are officials, officers, or employees of the 7 government bodies. However, the following information relating 8 to such individuals contained as of or after January 1, 2004, 9 in personnel records shall be public records: 10 (1) The name and compensation of the individual including 11 any written agreement establishing compensation or any other 12 terms of employment excluding any information otherwise 13 excludable from public information pursuant to this section or 14 any other applicable provision of law. For purposes of this 15 paragraph, “compensation” means payment of, or agreement to pay, 16 any money, thing of value, or financial benefit conferred in 17 return for labor or services rendered by an official, officer, 18 or employee plus the value of benefits conferred including but 19 not limited to casualty, disability, life, or health insurance, 20 other health or wellness benefits, vacation, holiday, and sick 21 leave, severance payments, retirement benefits, and deferred 22 compensation. 23 (2) The dates the individual was employed by the government 24 body. 25 (3) The positions the individual holds or has held with the 26 government body. 27 (4) The educational institutions attended by the 28 individual, including any diplomas and degrees earned, and 29 the names of the individual’s previous employers, positions 30 previously held, and dates of previous employment. 31 (5) The fact that the individual resigned in lieu of 32 termination, was discharged , or was demoted as the result 33 of a final disciplinary action upon the exhaustion of all 34 applicable contractual, legal, and statutory remedies , and the 35 -1- LSB 1416YC (1) 86 ec/rj 1/ 7

H.F. _____ documented reasons and rationale for the resignation in lieu 1 of termination, the discharge, or the demotion . For purposes 2 of this subparagraph, “demoted” and “demotion” mean a change 3 of an employee from a position in a given classification to a 4 position in a classification having a lower pay grade. 5 Sec. 2. NEW SECTION . 22.13A Personnel settlement agreements 6 —— state employees —— confidentiality —— disclosure. 7 1. For purposes of this section: 8 a. “Personnel settlement agreement” means a binding legal 9 agreement between a state employee and the state employee’s 10 employer, subject to section 22.13, to resolve a personnel 11 dispute including but not limited to a grievance. “Personnel 12 settlement agreement” does not include an initial decision by a 13 state employee’s immediate supervisor concerning a personnel 14 dispute or grievance. 15 b. “State employee” means an employee of the state who is 16 an employee of the executive branch as described in sections 17 7E.2 and 7E.5. 18 2. Personnel settlement agreements shall not contain any 19 confidentiality or nondisclosure provision that attempts to 20 prevent the disclosure of the personnel settlement agreement. 21 In addition, any confidentiality or nondisclosure provision in 22 a personnel settlement agreement is void and unenforceable. 23 3. The requirements of this section shall not be superseded 24 by any provision of a collective bargaining agreement. 25 4. All personnel settlement agreements shall be made easily 26 accessible to the public on an internet site maintained as 27 follows: 28 a. For personnel settlement agreements with an employee of 29 the executive branch, excluding an employee of the state board 30 of regents or institution under the control of the state board 31 of regents, by the department of administrative services. 32 b. For personnel settlement agreements with an employee of 33 the state board of regents or institution under the control of 34 the state board of regents, by the state board of regents. 35 -2- LSB 1416YC (1) 86 ec/rj 2/ 7

H.F. _____ Sec. 3. IMPLEMENTATION PROVISION. This division of this 1 Act shall not be construed to limit or impair the ability of 2 law enforcement personnel to investigate any activity that may 3 violate the laws of the state. 4 Sec. 4. EFFECTIVE UPON ENACTMENT. This division of this 5 Act, being deemed of immediate importance, takes effect upon 6 enactment. 7 Sec. 5. RETROACTIVE APPLICABILITY. The section of this 8 division of this Act amending section 22.7, subsection 11, 9 applies retroactively to all information described in section 10 22.7, subsection 11, paragraph “a”, subparagraphs (1) through 11 (5), as amended by this division of this Act, relating to 12 information of such individuals contained as of or after 13 January 1, 2004, in personnel records. 14 DIVISION II 15 STATE EMPLOYEE BONUSES 16 Sec. 6. NEW SECTION . 22.13B Executive branch bonuses —— 17 disclosure. 18 1. For purposes of this section: 19 a. “Bonus pay” means any additional remuneration provided an 20 employee in the form of a bonus, including but not limited to a 21 retention bonus, recruitment bonus, exceptional job performance 22 pay, extraordinary job performance pay, exceptional performance 23 pay, extraordinary duty pay, or extraordinary or special duty 24 pay, and any extra benefit not otherwise provided to other 25 similarly situated employees. 26 b. “Executive branch employee” means an employee of the 27 executive branch of state government, which includes any 28 unit of state government, including but not limited to an 29 authority, board, commission, committee, council, department, 30 or independent agency as defined in section 7E.4, and each 31 principal central department enumerated in section 7E.5; 32 the office of the governor; and the office of an elective 33 constitutional or statutory officer. 34 2. A decision to provide bonus pay to an executive branch 35 -3- LSB 1416YC (1) 86 ec/rj 3/ 7

H.F. _____ employee, including the amount paid and the documented reasons 1 and rationale for the bonus paid, shall be a public record. 2 3. All decisions to provide bonus pay to an executive branch 3 employee, including information described in subsection 2, 4 shall be made easily accessible to the public on an internet 5 site maintained as follows: 6 a. For decisions to provide bonus pay to an employee of the 7 executive branch, excluding an employee of the state board of 8 regents or institution under the control of the state board of 9 regents, by the department of administrative services. 10 b. For decisions to provide bonus pay to an employee of the 11 state board of regents or institution under the control of the 12 state board of regents, by the state board of regents. 13 Sec. 7. EFFECTIVE UPON ENACTMENT. This division of this 14 Act, being deemed of immediate importance, takes effect upon 15 enactment. 16 DIVISION III 17 GOVERNMENTAL ACCOUNTABILITY PORTAL 18 Sec. 8. Section 23.1, Code 2015, is amended to read as 19 follows: 20 23.1 Citation and purpose. 21 This chapter may be cited as the “Iowa Public Information 22 Board Act” . The purpose of this chapter is to enhance citizen 23 interaction with state government and to provide an alternative 24 means by which to secure compliance with and enforcement of the 25 requirements of chapters 21 and 22 through the provision by the 26 Iowa public information board to all interested parties of an 27 efficient, informal, and cost-effective process for resolving 28 disputes. 29 Sec. 9. Section 23.6, Code 2015, is amended by adding the 30 following new subsection: 31 NEW SUBSECTION . 11A. Develop and maintain an 32 internet-based government accountability portal to provide 33 public access to and to foster public interaction with state 34 government agencies. The portal shall facilitate public access 35 -4- LSB 1416YC (1) 86 ec/rj 4/ 7

H.F. _____ and interaction with state agencies by allowing the public to 1 register complaints, make comments and suggestions, and receive 2 timely responses to information requests. 3 Sec. 10. GOVERNMENT ACCOUNTABILITY PORTAL —— 4 DEVELOPMENT. The Iowa public information board, in 5 collaboration with the office of the chief information officer, 6 shall develop and establish a government accountability portal 7 to serve as a primary access point for citizens to interact 8 with state government agencies, enabling the public to register 9 complaints, make comments and suggestions, and receive timely 10 responses to information requests. 11 EXPLANATION 12 The inclusion of this explanation does not constitute agreement with 13 the explanation’s substance by the members of the general assembly. 14 This bill concerns government accountability and government 15 employment practices. 16 PERSONNEL RECORDS AND SETTLEMENT AGREEMENTS. This division 17 of the bill relates to personal information in confidential 18 personnel records of government bodies and personnel settlement 19 agreements. 20 Code section 22.7(11), governing personal information 21 in confidential personnel records of government bodies, 22 is amended. Previous legislation, effective May 12, 2011, 23 provides that certain information in confidential personnel 24 records is considered a public record. The bill provides 25 that this information in a confidential personnel record as 26 of or after January 1, 2004, is a public record. The bill 27 further amends this subsection to provide that information 28 in an official’s, officer’s, or employee’s personnel records 29 concerning the fact that such an individual resigned in 30 lieu of termination or was demoted as the result of a final 31 disciplinary action by a government body and the documented 32 reasons and rationale for any resignation in lieu of 33 termination, discharge, or demotion against an individual 34 are public records and not confidential. Under current law, 35 -5- LSB 1416YC (1) 86 ec/rj 5/ 7

H.F. _____ only the fact in a personnel record that the individual was 1 discharged is considered a public record and not confidential. 2 The amendments to this subsection take effect upon enactment 3 and apply retroactively to information contained as of or after 4 January 1, 2004, in personnel records. 5 New Code section 22.13A provides that personnel settlement 6 agreements between the state and an employee of the state shall 7 not contain any confidentiality or nondisclosure provisions 8 that attempt to prevent the disclosure of the personnel 9 settlement agreement and shall be made available to the public 10 on an internet site. In addition, the bill provides that any 11 confidentiality or nondisclosure provision in a personnel 12 settlement agreement is not enforceable. New Code section 13 22.13A is applicable to employees of the executive branch of 14 government and defines a personnel settlement agreement as a 15 binding legal agreement between a state employee and the state 16 employee’s employer, subject to Code section 22.13 relating to 17 settlement agreements as public records, to resolve a personnel 18 dispute including but not limited to certain grievances. The 19 bill provides that the internet site be maintained by the 20 department of administrative services or board of regents, 21 as applicable, based on the employee covered. The bill also 22 provides that the requirements of this new provision shall not 23 be superseded by any collective bargaining agreement. These 24 provisions of this division of this bill take effect upon 25 enactment. 26 The division further provides that this division of the bill 27 shall not be construed to limit the ability of law enforcement 28 personnel to investigate any activity that may violate state 29 law. 30 STATE EMPLOYEE BONUSES. This division of the bill concerns 31 executive branch bonuses. New Code section 22.13B requires 32 that information concerning bonus pay awarded to an executive 33 branch employee in any amount, including the name of the 34 employee, the amount paid and the reasons for the bonus, shall 35 -6- LSB 1416YC (1) 86 ec/rj 6/ 7

H.F. _____ be made easily accessible to the public on an internet site. 1 This division of the bill takes effect upon enactment. 2 GOVERNMENT ACCOUNTABILITY PORTAL. This division of the 3 bill concerns establishment of a government accountability 4 portal under the authority of the Iowa public information 5 board. The bill amends Code section 23.1 to provide that a 6 purpose of the Code chapter is to enhance citizen interaction 7 with state government and amends Code section 23.6 to require 8 the Iowa public information board to develop and maintain an 9 internet-based government accountability portal. The bill 10 directs the Iowa public information board, in collaboration 11 with the office of the chief information officer, to develop 12 and establish a government accountability portal to serve as 13 a primary access point for citizens to interact with state 14 government agencies. 15 -7- LSB 1416YC (1) 86 ec/rj 7/ 7