Senate File 332 - Introduced SENATE FILE 332 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO SSB 1133) A BILL FOR An Act concerning department of administrative services’ 1 procedures regarding the designation of individuals as 2 ineligible for state employment and the public solicitation 3 of individuals to fill certain state employment vacancies. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 2075SV (3) 86 ec/rj

S.F. 332 Section 1. NEW SECTION . 8A.403 State agency employment —— 1 designation-of-ineligibility procedures. 2 1. The department may only designate an individual as 3 ineligible to apply for; to be considered, referred, or 4 approved for; or to be appointed to employment by a state 5 agency for any of the following reasons: 6 a. The individual has knowingly misrepresented the facts 7 when submitting information relating to an application, 8 examination, certification, appeal, or any other facet of the 9 selection process for employment by a state agency. 10 b. The individual has used or attempted to use coercion, 11 bribery, or other illegal means to secure an advantage in the 12 application, examination, appeal, or selection process for 13 employment by a state agency. 14 c. The individual has been convicted of a crime that is 15 shown to have a direct relationship to the duties of the 16 job class or position for which the individual wishes to be 17 considered. 18 d. The individual is proven to be an unrehabilitated 19 substance abuser who would be unable to perform the duties of 20 the job class or position for which the individual wishes to be 21 considered or who would constitute a threat to state property 22 or to the safety of others. 23 e. The individual is not a United States citizen and 24 does not have a valid permit to work in the United States 25 under regulations issued by the United States citizenship and 26 immigration services. 27 f. The individual was terminated from employment by a state 28 agency for creating a hostile work environment. 29 2. The department shall do all of the following upon a 30 determination that an individual is ineligible as provided in 31 subsection 1: 32 a. Notify the individual in writing within five working 33 days following the designation of ineligibility and the extent 34 of the individual’s ineligibility for employment by a state 35 -1- LSB 2075SV (3) 86 ec/rj 1/ 3

S.F. 332 agency. The notification shall include information on the 1 process for an individual to appeal, remove, or modify the 2 designation of ineligibility. 3 b. Maintain documentation of the designation of 4 ineligibility, the extent of the individual’s ineligibility 5 for employment by a state agency, proof of notification of 6 the individual, and any information concerning any appeals 7 regarding the designation. 8 c. Upon request by an individual determined to be 9 ineligible, review whether the designation of ineligibility of 10 the individual should be removed or modified and to notify the 11 individual, in writing, if the designation of ineligibility is 12 removed or modified. 13 3. An individual designated as ineligible as provided 14 by this section may file a written appeal to the employment 15 appeal board in the department of inspections and appeals for a 16 review of that action. The written appeal must be filed with 17 the board within sixty days following the notice of initial 18 designation of ineligibility. The department shall also 19 establish a procedure for an individual, following the time for 20 filing an appeal, to apply to the department for removal or 21 modification of a designation of ineligibility. 22 4. The department shall adopt rules pursuant to chapter 17A 23 to administer this section. 24 Sec. 2. NEW SECTION . 8A.404 Hiring procedures —— nonmerit 25 system positions. 26 The department shall establish procedures providing for the 27 hiring of employees by a state agency to positions that are not 28 covered by the merit system. The procedures shall provide for 29 the public announcement of vacancies by the state agency at 30 least ten days in advance of the date fixed for the filing of 31 applications for the vacancies and for the advertisement of the 32 vacancies through the communications media. 33 Sec. 3. DESIGNATION OF INELIGIBILITY —— NOTIFICATION 34 REQUIREMENTS. Individuals designated as ineligible to apply 35 -2- LSB 2075SV (3) 86 ec/rj 2/ 3

S.F. 332 for; to be considered, referred, or approved for; or to 1 be appointed to employment by a state agency, prior to the 2 effective date of this Act, shall be notified, in writing, by 3 the department of administrative services that they have been 4 designated as ineligible and of their rights relative to that 5 designation as provided in this Act. 6 EXPLANATION 7 The inclusion of this explanation does not constitute agreement with 8 the explanation’s substance by the members of the general assembly. 9 This bill concerns procedures of the department of 10 administrative services relating to state employee hiring. 11 New Code section 8A.403 requires the department of 12 administrative services to establish procedures for designating 13 an individual as ineligible to apply for or to be considered or 14 approved for or appointed to employment with a state agency. 15 The bill describes the permissible reasons for designating an 16 individual as ineligible, provides for notice to the individual 17 within five days following the designation of ineligibility, 18 and requires that documentation of the designation be 19 maintained by the department of administrative services. 20 The bill provides for the ability of an individual to 21 appeal the designation of ineligibility and for the ability 22 of the individual to request that the department review the 23 designation of ineligibility. 24 The bill also provides that individuals designated as 25 ineligible as of the effective date of the bill be notified 26 of this designation by the department in writing and of their 27 rights under the bill. 28 New Code section 8A.404 requires the department of 29 administrative services to establish procedures for the hiring 30 of employees by a state agency to positions not covered by 31 the merit system. The procedures shall provide for public 32 announcement and advertisement of vacancies. 33 -3- LSB 2075SV (3) 86 ec/rj 3/ 3