Senate File 2129 - Introduced SENATE FILE 2129 BY PETERSEN A BILL FOR An Act concerning administrative law judges appointed or 1 employed by the public employment relations board. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5832XS (3) 86 ec/rj

S.F. 2129 Section 1. Section 8A.412, subsection 11, Code 2016 , is 1 amended to read as follows: 2 11. Professional employees under the supervision of the 3 attorney general, the state public defender, the secretary 4 of state, the auditor of state, the treasurer of state, and 5 the public employment relations board. However, employees of 6 the consumer advocate division of the department of justice, 7 other than the consumer advocate, and administrative law judges 8 appointed or employed by the public employment relations board 9 are subject to the merit system. 10 Sec. 2. Section 8A.415, subsection 1, paragraph b, Code 11 2016 , is amended to read as follows: 12 b. If not satisfied, the employee may, within thirty 13 calendar days following the director’s response, file an 14 appeal with the public employment relations board. The 15 hearing shall be conducted in accordance with the rules of the 16 public employment relations board and the Iowa administrative 17 procedure Act, chapter 17A. Decisions rendered shall be based 18 upon a standard of substantial compliance with this subchapter 19 and the rules of the department. Decisions by the public 20 employment relations board constitute final agency action. 21 However, if the employee is an administrative law judge 22 appointed or employed by the public employment relations board, 23 the employee’s appeal shall be heard by an administrative law 24 judge employed by the administrative hearings division of the 25 department of inspections and appeals in accordance with the 26 provisions of section 10A.801, whose decision shall constitute 27 final agency action. 28 Sec. 3. Section 8A.415, subsection 2, paragraph b, Code 29 2016 , is amended to read as follows: 30 b. If not satisfied, the employee may, within thirty 31 calendar days following the director’s response, file an appeal 32 with the public employment relations board. The employee has 33 the right to a hearing closed to the public, unless a public 34 hearing is requested by the employee. The hearing shall 35 -1- LSB 5832XS (3) 86 ec/rj 1/ 2

S.F. 2129 otherwise be conducted in accordance with the rules of the 1 public employment relations board and the Iowa administrative 2 procedure Act, chapter 17A. If the public employment relations 3 board finds that the action taken by the appointing authority 4 was for political, religious, racial, national origin, sex, 5 age, or other reasons not constituting just cause, the employee 6 may be reinstated without loss of pay or benefits for the 7 elapsed period, or the public employment relations board may 8 provide other appropriate remedies. Decisions by the public 9 employment relations board constitute final agency action. 10 However, if the employee is an administrative law judge 11 appointed or employed by the public employment relations board, 12 the employee’s appeal shall be heard by an administrative law 13 judge employed by the administrative hearings division of the 14 department of inspections and appeals in accordance with the 15 provisions of section 10A.801, whose decision shall constitute 16 final agency action. 17 EXPLANATION 18 The inclusion of this explanation does not constitute agreement with 19 the explanation’s substance by the members of the general assembly. 20 Code section 8A.412 is amended to provide that 21 administrative law judges appointed or employed by the public 22 employment relations board are subject to the merit system. 23 Code section 8A.415 is amended to provide that an appeal 24 concerning a grievance or discipline by an administrative law 25 judge appointed or employed by the public employment relations 26 board shall be heard by an administrative law judge employed 27 by the administrative hearings division of the department 28 of inspections and appeals and not by the public employment 29 appeals board. 30 -2- LSB 5832XS (3) 86 ec/rj 2/ 2