Senate Study Bill 1133 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CHAIRPERSON DANIELSON) A BILL FOR An Act concerning state employment hiring procedures. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 2075XC (1) 86 ec/rj
S.F. _____ Section 1. NEW SECTION . 70A.21 State employment —— 1 designation of ineligibility procedures —— penalty. 2 1. A board, commission, agency, or department of the state 3 that seeks to designate an individual as ineligible to apply 4 for; to be considered, referred, or approved for; or to be 5 appointed to employment by the state or any of its boards, 6 commissions, agencies, or departments, shall do all of the 7 following: 8 a. Maintain documentation of the designation of 9 ineligibility, to include signatures from the individual’s 10 immediate supervisor and the applicable head of the board, 11 commission, agency, or department, the extent of the 12 individual’s ineligibility for state employment, proof of 13 notification of the individual, and any information concerning 14 any appeals regarding the designation. 15 b. Notify the individual prior to or within ten days of 16 discharge of the designation of ineligibility and the extent 17 of the individual’s ineligibility for state employment. The 18 notification shall include information on the process for an 19 individual to appeal, remove, or modify the designation of 20 ineligibility. 21 2. Each board, commission, agency, or department of the 22 state shall establish a process for an individual to appeal, 23 remove, or modify a designation of ineligibility. Following 24 a final determination by the board, commission, agency or 25 department within the executive branch of the state relative 26 to an appeal or attempt to remove or modify a designation of 27 ineligibility by an individual, the individual may appeal to 28 the public employment relations board created in section 20.5, 29 for individuals subject to the jurisdiction of the board, and 30 to an administrative law judge employed by the department of 31 inspections and appeals, for all other individuals. 32 Sec. 2. NEW SECTION . 70A.22 State employee hiring 33 requirements. 34 An employer of state employees shall establish procedures 35 -1- LSB 2075XC (1) 86 ec/rj 1/ 2
S.F. _____ providing for the hiring of employees by the employer. The 1 procedures shall provide for the public announcement of 2 vacancies of the employer at least ten days in advance of the 3 date fixed for the filing of applications for the vacancies 4 and for the advertisement of the vacancies through the 5 communications media. 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 state employment hiring procedures. 10 New Code section 70A.21 establishes procedures for state 11 departments, boards, agencies, and commissions for designating 12 an individual as ineligible to apply for state employment. 13 The Code section requires the applicable employer to document 14 the determination and provide notice within 10 days of the 15 individual’s discharge from state employment of the designation 16 and the right of the individual to appeal the determination. 17 The bill requires state executive branch employers to establish 18 procedures for appealing designations of ineligibility for 19 state employment with an appeal to the public employment 20 relations board for individuals subject to the jurisdiction 21 of the board, and to an administrative law judge employed 22 by the department of inspections and appeals, for all other 23 individuals. 24 New Code section 70A.22 requires an employer of state 25 employees to establish procedures providing for the hiring of 26 employees by the employer. The procedures shall provide for 27 public announcement and advertisement of vacancies. 28 -2- LSB 2075XC (1) 86 ec/rj 2/ 2