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
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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
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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
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