Senate File 213 - Introduced SENATE FILE 213 BY SCHULTZ A BILL FOR An Act relating to employment matters involving public 1 employees including collective bargaining, educator 2 employment matters, personnel records and settlement 3 agreements, city civil service requirements, and health 4 insurance matters, making penalties applicable, and 5 including effective date, applicability, and transition 6 provisions. 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 8 TLSB 1725XS (2) 87 je/rj
S.F. 213 DIVISION I 1 PUBLIC EMPLOYEE COLLECTIVE BARGAINING 2 Section 1. Section 20.3, Code 2017, is amended by adding the 3 following new subsections: 4 NEW SUBSECTION . 10A. “Public safety employee” means a 5 public employee who is employed as one of the following: 6 a. A sheriff or a sheriff’s regular deputy. 7 b. A marshal or police officer of a city, township, or 8 special-purpose district or authority who is a member of a paid 9 police department. 10 c. A member, except a non-peace officer member, of the 11 division of state patrol, narcotics enforcement, state fire 12 marshal, or criminal investigation, including but not limited 13 to a gaming enforcement officer, who has been duly appointed 14 by the department of public safety in accordance with section 15 80.15. 16 d. A conservation officer or park ranger as authorized by 17 section 456A.13. 18 e. A permanent or full-time fire fighter of a city, 19 township, or special-purpose district or authority who is a 20 member of a paid fire department. 21 NEW SUBSECTION . 12. “Supplemental pay” means a payment 22 of moneys or other thing of value that is in addition to 23 compensation received pursuant to any other permitted subject 24 of negotiation specified in section 20.9 and is related to the 25 employment relationship. 26 Sec. 2. Section 20.6, subsection 1, Code 2017, is amended 27 to read as follows: 28 1. Interpret, apply, and administer Administer the 29 provisions of this chapter . 30 Sec. 3. Section 20.6, Code 2017, is amended by adding the 31 following new subsections: 32 NEW SUBSECTION . 6. Appoint a certified shorthand reporter 33 to report state employee grievance and discipline resolution 34 proceedings pursuant to section 8A.415 and fix a reasonable 35 -1- LSB 1725XS (2) 87 je/rj 1/ 68
S.F. 213 amount of compensation for such service and for any transcript 1 requested by the board, which amounts shall be taxed as other 2 costs. 3 NEW SUBSECTION . 7. Contract with a vendor as the board may 4 deem necessary to conduct elections required by section 20.15 5 on behalf of the board. The board shall establish fees by rule 6 pursuant to chapter 17A to cover the cost of elections required 7 by section 20.15. Such fees shall be paid in advance of an 8 election and shall be paid by each employee organization listed 9 on the ballot. 10 Sec. 4. Section 20.7, subsections 2 and 3, Code 2017, are 11 amended to read as follows: 12 2. Hire, evaluate, promote, demote, transfer, assign and 13 retain public employees in positions within the public agency. 14 3. Suspend or discharge public employees for proper cause . 15 Sec. 5. Section 20.8, Code 2017, is amended by adding the 16 following new subsection: 17 NEW SUBSECTION . 5. Exercise any right or seek any remedy 18 provided by law, including but not limited to those rights and 19 remedies available under sections 70A.28 and 70A.29, chapter 20 8A, subchapter IV, and chapters 216 and 400. 21 Sec. 6. Section 20.9, Code 2017, is amended to read as 22 follows: 23 20.9 Scope of negotiations. 24 1. The For negotiations regarding a bargaining unit with 25 a majority of members who are public safety employees, the 26 public employer and the employee organization shall meet at 27 reasonable times, including meetings reasonably in advance of 28 the public employer’s budget-making process, to negotiate in 29 good faith with respect to wages, hours, vacations, insurance, 30 holidays, leaves of absence, shift differentials, overtime 31 compensation, supplemental pay, seniority, transfer procedures, 32 job classifications, health and safety matters, evaluation 33 procedures, procedures for staff reduction, in-service 34 training , grievance procedures for resolving any questions 35 -2- LSB 1725XS (2) 87 je/rj 2/ 68
S.F. 213 arising under the agreement, and other matters mutually agreed 1 upon. Negotiations shall also include terms authorizing 2 dues checkoff for members of the employee organization and 3 grievance procedures for resolving any questions arising under 4 the agreement, which shall be embodied in a written agreement 5 and signed by the parties. If an agreement provides for dues 6 checkoff, a member’s dues may be checked off only upon the 7 member’s written request and the member may terminate the dues 8 checkoff at any time by giving thirty days’ written notice. 9 For negotiations regarding a bargaining unit that does not 10 have a majority of members who are public safety employees, 11 the public employer and the employee organization shall meet 12 at reasonable times, including meetings reasonably in advance 13 of the public employer’s budget-making process, to negotiate 14 in good faith with respect to base wages and other matters 15 mutually agreed upon. Such obligation to negotiate in good 16 faith does not compel either party to agree to a proposal 17 or make a concession. Mandatory subjects of negotiation 18 specified in this subsection shall be interpreted narrowly and 19 restrictively. 20 2. Nothing in this section shall diminish the authority 21 and power of the department of administrative services, board 22 of regents’ merit system, Iowa public broadcasting board’s 23 merit system, or any civil service commission established by 24 constitutional provision, statute, charter , or special act to 25 recruit employees, prepare, conduct , and grade examinations, 26 rate candidates in order of their relative scores for 27 certification for appointment or promotion or for other matters 28 of classification, reclassification , or appeal rights in the 29 classified service of the public employer served. 30 3. All retirement systems , dues checkoffs, and other 31 payroll deductions for political action committees or other 32 political contributions or political activities shall be 33 excluded from the scope of negotiations. For negotiations 34 regarding a bargaining unit that does not have a majority of 35 -3- LSB 1725XS (2) 87 je/rj 3/ 68
S.F. 213 members who are public safety employees, insurance, leaves of 1 absence for political activities, supplemental pay, transfer 2 procedures, evaluation procedures, procedures for staff 3 reduction, release time, subcontracting public services, 4 grievance procedures for resolving any questions arising under 5 the agreement, and seniority and any wage increase, employment 6 benefit, or other employment advantage based on seniority shall 7 also be excluded from the scope of negotiations. 8 4. The term of a contract entered into pursuant to this 9 chapter shall not exceed five years. 10 Sec. 7. Section 20.10, subsection 3, Code 2017, is amended 11 by adding the following new paragraph: 12 NEW PARAGRAPH . j. Negotiate or attempt to negotiate 13 directly with a member of the governing board of a public 14 employer if the public employer has appointed or authorized 15 a bargaining representative for the purpose of bargaining 16 with the public employees or their representative, unless the 17 member of the governing board is the designated bargaining 18 representative of the public employer. 19 Sec. 8. Section 20.12, subsection 5, Code 2017, is amended 20 to read as follows: 21 5. If an employee organization or any of its officers 22 is held to be in contempt of court for failure to comply 23 with an injunction pursuant to this section , or is convicted 24 of violating this section , the employee organization shall 25 be immediately decertified, shall cease to represent the 26 bargaining unit, shall cease to receive any dues by checkoff, 27 and may again be certified only after twelve twenty-four months 28 have elapsed from the effective date of decertification and 29 only after if a new compliance with petition for certification 30 pursuant to section 20.14 is filed and a new certification 31 election pursuant to section 20.15 is held . The penalties 32 provided in this section may be suspended or modified by the 33 court, but only upon request of the public employer and only 34 if the court determines the suspension or modification is in 35 -4- LSB 1725XS (2) 87 je/rj 4/ 68
S.F. 213 the public interest. 1 Sec. 9. Section 20.15, Code 2017, is amended to read as 2 follows: 3 20.15 Elections —— agreements with the state . 4 1. Initial certification elections. 5 a. Upon the filing of a petition for certification of an 6 employee organization, the board shall submit a question to 7 the public employees at an election in the bargaining unit 8 found appropriate by the board. The question on the ballot 9 shall permit the public employees to vote for no bargaining 10 representation or for any employee organization which has 11 petitioned for certification or which has presented proof 12 satisfactory to the board of support of ten thirty percent or 13 more of the public employees in the appropriate unit. 14 2. b. (1) If a majority of the votes cast on the 15 question is public employees in the bargaining unit vote for 16 no bargaining representation, the public employees in the 17 bargaining unit found appropriate by the board shall not be 18 represented by an employee organization. 19 (2) If a majority of the votes cast on the question is 20 public employees in the bargaining unit vote for a listed 21 employee organization, then that employee organization shall 22 represent the public employees in the bargaining unit found 23 appropriate by the board. 24 3. (3) If none of the choices on the ballot receive the 25 vote of a majority of the public employees voting in the 26 bargaining unit , the board shall conduct a runoff election 27 among the two choices receiving the greatest number of votes 28 the public employees in the bargaining unit found appropriate 29 by the board shall not be represented by an employee 30 organization . 31 c. The board shall not consider a petition for certification 32 of an employee organization as the exclusive representative 33 of a bargaining unit unless a period of two years has 34 elapsed from the date of the last certification election 35 -5- LSB 1725XS (2) 87 je/rj 5/ 68
S.F. 213 in which an employee organization was not certified as the 1 exclusive representative of that bargaining unit, of the 2 last retention and recertification election in which an 3 employee organization was not retained and recertified as the 4 exclusive representative of that bargaining unit, or of the 5 last decertification election in which an employee organization 6 was decertified as the exclusive representative of that 7 bargaining unit. The board shall also not consider a petition 8 for certification as the exclusive bargaining representative 9 of a bargaining unit if the bargaining unit is at that time 10 represented by a certified exclusive bargaining representative. 11 2. Retention and recertification elections. 12 a. The board shall conduct an election to retain and 13 recertify the bargaining representative of a bargaining unit 14 prior to the expiration of the bargaining unit’s collective 15 bargaining agreement. The question on the ballot shall be 16 whether the bargaining representative of the public employees 17 in the bargaining unit shall be retained and recertified as 18 the bargaining representative of the public employees in the 19 bargaining unit. For collective bargaining agreements with a 20 June 30 expiration date, the election shall occur between June 21 1 and November 1, both dates included, in the year prior to 22 that expiration date. For collective bargaining agreements 23 with a different expiration date, the election shall occur 24 between three hundred sixty-five and two hundred seventy days 25 prior to the expiration date. 26 b. (1) If a majority of the public employees in 27 the bargaining unit vote to retain and recertify the 28 representative, the board shall retain and recertify the 29 bargaining representative and the bargaining representative 30 shall continue to represent the public employees in the 31 bargaining unit. 32 (2) If a majority of the public employees in the bargaining 33 unit do not vote to retain and recertify the representative, 34 the board, after the period for filing written objections 35 -6- LSB 1725XS (2) 87 je/rj 6/ 68
S.F. 213 pursuant to subsection 4 has elapsed, shall immediately 1 decertify the representative and the public employees shall 2 not be represented by an employee organization except pursuant 3 to the filing of a subsequent petition for certification of 4 an employee organization as provided in section 20.14 and an 5 election conducted pursuant to such petition. Such written 6 objections and decertifications shall be subject to applicable 7 administrative and judicial review. 8 3. Decertification elections. 9 a. Upon the filing of a petition for decertification of an 10 employee organization, the board shall submit a question to the 11 public employees at an election in the bargaining unit found 12 appropriate by the board. The question on the ballot shall be 13 whether the bargaining representative of the public employees 14 in the bargaining unit shall be decertified as the bargaining 15 representative of public employees in the bargaining unit. 16 b. (1) If a majority of the public employees in 17 the bargaining unit vote to decertify the bargaining 18 representative, the board, after the period for filing 19 written objections pursuant to subsection 4 has elapsed, 20 shall immediately decertify the representative and the public 21 employees shall not be represented by an employee organization 22 except pursuant to the filing of a subsequent petition for 23 certification of an employee organization as provided in 24 section 20.14 and an election conducted pursuant to such 25 petition. Such written objections and decertifications shall 26 be subject to applicable administrative and judicial review. 27 (2) If a majority of the public employees in the bargaining 28 unit do not vote to decertify the bargaining representative, 29 the bargaining representative shall continue to represent the 30 public employees in the bargaining unit. 31 c. The board shall not consider a petition for 32 decertification of an employee organization unless a 33 bargaining unit’s collective bargaining agreement exceeds 34 two years in length. The board shall not schedule a 35 -7- LSB 1725XS (2) 87 je/rj 7/ 68
S.F. 213 decertification election for a bargaining unit within one 1 year of a prior certification, retention and recertification, 2 or decertification election involving the bargaining unit. 3 Unless otherwise prohibited by this paragraph, the board shall 4 schedule a decertification election not less than one hundred 5 fifty days before the expiration date of the bargaining unit’s 6 collective bargaining agreement. 7 4. Invalidation of elections. Upon written objections 8 filed by any party to public employee, public employer, or 9 employee organization involved in the election within ten days 10 after notice of the results of the election, if the board 11 finds that misconduct or other circumstances prevented the 12 public employees eligible to vote from freely expressing their 13 preferences, the board may invalidate the election and hold a 14 second election for the public employees. 15 5. Results certified. Upon completion of a valid election 16 in which the majority choice of the public employees voting in 17 the bargaining unit is determined, the board shall certify the 18 results of the election and shall give reasonable notice of the 19 order to all employee organizations listed on the ballot, the 20 public employers, and the public employees in the appropriate 21 bargaining unit. 22 6. State agreements. a. A petition for certification as 23 exclusive bargaining representative of a bargaining unit shall 24 not be considered by the board for a period of one year from 25 the date of the noncertification of an employee organization 26 as the exclusive bargaining representative of that bargaining 27 unit following a certification election. A petition for 28 certification as the exclusive bargaining representative of a 29 bargaining unit shall also not be considered by the board if 30 the bargaining unit is at that time represented by a certified 31 exclusive bargaining representative. 32 b. A petition for the decertification of the exclusive 33 bargaining representative of a bargaining unit shall not be 34 considered by the board for a period of one year from the date 35 -8- LSB 1725XS (2) 87 je/rj 8/ 68
S.F. 213 of its certification, or within one year of its continued 1 certification following a decertification election, or during 2 the duration of a collective bargaining agreement which, for 3 purposes of this section , shall be deemed not to exceed two 4 years. However, if a petition for decertification is filed 5 during the duration of a collective bargaining agreement, the 6 board shall award an election under this section not more than 7 one hundred eighty days and not less than one hundred fifty 8 days prior to the expiration of the collective bargaining 9 agreement. If an employee organization is decertified, the 10 board may receive petitions under section 20.14 , provided that 11 no such petition and no election conducted pursuant to such 12 petition within one year from decertification shall include as 13 a party the decertified employee organization. 14 c. A collective bargaining agreement with the state, its 15 boards, commissions, departments, and agencies shall be for 16 two years . and the The provisions of a collective bargaining 17 agreement or arbitrator’s award affecting state employees 18 shall not provide for renegotiations which would require the 19 refinancing of salary and fringe benefits subjects within the 20 scope of negotiations under section 20.9 for the second year 21 of the term of the agreement, except as provided in section 22 20.17, subsection 6 , and the . The effective date of any such 23 agreement shall be July 1 of odd-numbered years, provided 24 that if an exclusive bargaining representative is certified 25 on a date which will prevent the negotiation of a collective 26 bargaining agreement prior to July 1 of odd-numbered years for 27 a period of two years, the certified collective bargaining 28 representative may negotiate a one-year contract with the 29 public employer which shall be effective from July 1 of the 30 even-numbered year to July 1 of the succeeding odd-numbered 31 year when new contracts agreements shall become effective. 32 Sec. 10. Section 20.17, subsection 8, Code 2017, is amended 33 to read as follows: 34 8. a. The salaries of all public employees of the state 35 -9- LSB 1725XS (2) 87 je/rj 9/ 68
S.F. 213 under a merit system and all other fringe benefits which are 1 granted to all subjects within the scope of negotiations 2 pursuant to the provisions of section 20.9 regarding public 3 employees of the state shall be negotiated with the governor 4 or the governor’s designee on a statewide basis, except those 5 benefits which are not subject to subjects excluded from the 6 scope of negotiations pursuant to the provisions of section 7 20.9 , subsection 3 . 8 b. For the negotiation of such a proposed, statewide 9 collective bargaining agreement to become effective in the year 10 following an election described in section 39.9, a ratification 11 election referred to in section 20.17, subsection 4, shall 12 not be held, and the parties shall not request arbitration as 13 provided in section 20.22, subsection 1, until at least two 14 weeks after the date of the beginning of the term of office of 15 the governor in that year as prescribed in the Constitution 16 of the State of Iowa. On or after the beginning of the term 17 of office of the governor in that year as prescribed in the 18 Constitution of the State of Iowa, the governor shall have 19 the authority to reject such a proposed statewide collective 20 bargaining agreement. If the governor does so, the parties 21 shall commence collective bargaining in accordance with section 22 20.17. Such negotiation shall be complete not later than 23 March 15 of that year, unless the parties mutually agree to 24 a different deadline. The board shall adopt rules pursuant 25 to chapter 17A providing for alternative deadlines for the 26 completion of the procedures provided in sections 20.17, 20.19, 27 20.20, and 20.22 for negotiation of such statewide collective 28 bargaining agreements in such years, which deadlines may be 29 waived by mutual agreement of the parties. 30 Sec. 11. Section 20.17, subsection 9, Code 2017, is amended 31 by striking the subsection. 32 Sec. 12. Section 20.18, subsection 1, Code 2017, is amended 33 to read as follows: 34 1. An agreement with an employee organization which 35 -10- LSB 1725XS (2) 87 je/rj 10/ 68
S.F. 213 is the exclusive representative of public employees in an 1 appropriate unit with a majority of members who are public 2 safety employees may provide procedures for the consideration 3 of public employee and employee organization grievances over 4 the interpretation and application of agreements. Negotiated 5 Such negotiated procedures may provide for binding arbitration 6 of public employee and employee organization grievances over 7 the interpretation and application of existing agreements. An 8 arbitrator’s decision on a grievance may shall not change or 9 amend the terms, conditions, or applications of the collective 10 bargaining agreement. Such procedures shall provide for the 11 invoking of arbitration only with the approval of the employee 12 organization in all instances, and in the case of an employee 13 grievance, only with the additional approval of the public 14 employee. The costs of arbitration shall be shared equally by 15 the parties. 16 Sec. 13. Section 20.22, subsections 2, 3, 7, 8, and 9, Code 17 2017, are amended to read as follows: 18 2. Each party shall serve its final offer on each of 19 the impasse items upon the other party within four days of 20 the board’s receipt of the request for arbitration , or by a 21 deadline otherwise agreed upon by the parties . The parties may 22 continue to negotiate all offers until an agreement is reached 23 or an award is rendered by the arbitrator. The full costs of 24 arbitration under this section shall be shared equally by the 25 parties to the dispute. 26 3. The submission of the impasse items to the arbitrator 27 shall be limited to those items upon which the parties have 28 not reached agreement. With respect to each such item, the 29 arbitrator’s award shall be restricted to the final offers on 30 each impasse item submitted by the parties to the arbitrator , 31 except as provided in subsection 9, paragraph “b” . 32 7. The For an arbitration to which a bargaining unit that 33 has a majority of members who are public safety employees is a 34 party, the arbitrator shall consider and specifically address 35 -11- LSB 1725XS (2) 87 je/rj 11/ 68
S.F. 213 in the arbitrator’s decision , in addition to any other relevant 1 factors, the following factors: 2 a. Past collective bargaining contracts between the parties 3 including the bargaining that led up to such contracts. 4 b. Comparison of wages, hours and conditions of employment 5 of the involved public employees with those of other public 6 employees doing comparable work, giving consideration to 7 factors peculiar to the area and the classifications involved. 8 c. The interests and welfare of the public, the ability of 9 the public employer to finance economic adjustments and the 10 effect of such adjustments on the normal standard of services. 11 d. The power of the public employer to levy taxes and 12 appropriate funds for the conduct of its operations. 13 8. a. The arbitrator may administer oaths, examine 14 witnesses and documents, take testimony and receive evidence, 15 and issue subpoenas to compel the attendance of witnesses and 16 the production of records. The arbitrator may petition the 17 district court at the seat of government or of the county 18 in which the hearing is held to enforce the order of the 19 arbitrator compelling the attendance of witnesses and the 20 production of records. 21 b. The parties shall not introduce, and the arbitrator 22 shall not accept or consider, any direct or indirect evidence 23 regarding any subject excluded from negotiations pursuant to 24 section 20.9. 25 9. a. The arbitrator shall select within fifteen days after 26 the hearing the most reasonable offer, in the arbitrator’s 27 judgment, of the final offers on each impasse item submitted 28 by the parties. 29 b. (1) However, for an arbitration to which a bargaining 30 unit that does not have a majority of members who are public 31 safety employees is a party, with respect to any increase in 32 base wages, the arbitrator’s award shall not exceed the lesser 33 of the following percentages in any one-year period in the 34 duration of the bargaining agreement: 35 -12- LSB 1725XS (2) 87 je/rj 12/ 68
S.F. 213 (a) Three percent. 1 (b) A percentage equal to the increase in the consumer 2 price index for all urban consumers for the midwest region, 3 if any, as determined by the United States department of 4 labor, bureau of labor statistics, or a successor index. Such 5 percentage shall be the change in the consumer price index 6 for the twelve-month period beginning eighteen months prior 7 to the month in which the impasse item regarding base wages 8 was submitted to the arbitrator and ending six months prior to 9 the month in which the impasse item regarding base wages was 10 submitted to the arbitrator. 11 (2) To assist the parties in the preparation of their final 12 offers on an impasse item regarding base wages, the board 13 shall provide information to the parties regarding the change 14 in the consumer price index for all urban consumers for the 15 midwest region for any twelve-month period. The department of 16 workforce development shall assist the board in preparing such 17 information upon request. 18 Sec. 14. Section 20.22, Code 2017, is amended by adding the 19 following new subsection: 20 NEW SUBSECTION . 7A. For an arbitration to which a 21 bargaining unit that does not have a majority of members who 22 are public safety employees is a party, the following shall 23 apply: 24 a. The arbitrator shall consider and specifically address 25 in the arbitrator’s determination, in addition to any other 26 relevant factors, the following factors: 27 (1) Comparison of base wages, hours, and conditions of 28 employment of the involved public employees with those of other 29 public employees doing comparable work, giving consideration to 30 factors peculiar to the area and the classifications involved. 31 To the extent adequate, applicable data is available, 32 the arbitrator shall also compare base wages, hours, and 33 conditions of employment of the involved public employees 34 with those of private sector employees doing comparable work, 35 -13- LSB 1725XS (2) 87 je/rj 13/ 68
S.F. 213 giving consideration to factors peculiar to the area and the 1 classifications involved. 2 (2) The interests and welfare of the public. 3 (3) The financial ability of the employer to meet the cost 4 of an offer in light of the current economic conditions of the 5 public employer. The arbitrator shall give substantial weight 6 to evidence that the public employer’s authority to utilize 7 funds is restricted to special purposes or circumstances 8 by state or federal law, rules, regulations, or grant 9 requirements. 10 b. The arbitrator shall not consider the following factors: 11 (1) Past collective bargaining agreements between the 12 parties or bargaining that led to such agreements. 13 (2) The public employer’s ability to fund an award through 14 the increase or imposition of new taxes, fees, or charges, or 15 to develop other sources of revenues. 16 Sec. 15. Section 20.26, unnumbered paragraph 4, Code 2017, 17 is amended to read as follows: 18 Nothing in this section shall be construed to prohibit 19 voluntary contributions by individuals to political parties 20 or candidates , provided that such contributions are not made 21 through payroll deductions . 22 Sec. 16. Section 20.29, Code 2017, is amended to read as 23 follows: 24 20.29 Filing agreement —— public access —— internet site . 25 1. Copies of collective bargaining agreements entered 26 into between the state and the state employees’ bargaining 27 representatives and made final under this chapter shall be 28 filed with the secretary of state and be made available to the 29 public at cost. 30 2. The board shall maintain an internet site that allows 31 searchable access to a database of collective bargaining 32 agreements and other collective bargaining information. 33 Sec. 17. Section 20.30, Code 2017, is amended by striking 34 the section and inserting in lieu thereof the following: 35 -14- LSB 1725XS (2) 87 je/rj 14/ 68
S.F. 213 20.30 Supervisory member —— no reduction before retirement. 1 A supervisory member of any department or agency employed by 2 the state of Iowa shall not be granted a voluntary reduction 3 to a nonsupervisory rank or grade during the thirty-six 4 months preceding retirement of the member. A member of any 5 department or agency employed by the state of Iowa who retires 6 in less than thirty-six months after voluntarily requesting and 7 receiving a reduction in rank or grade from a supervisory to a 8 nonsupervisory position shall be ineligible for a benefit to 9 which the member is entitled as a nonsupervisory member but is 10 not entitled as a supervisory member. 11 Sec. 18. Section 20.31, subsection 2, unnumbered paragraph 12 1, Code 2017, is amended to read as follows: 13 A mediator shall not be required to testify in any judicial, 14 administrative, arbitration, or grievance proceeding regarding 15 any matters occurring in the course of a mediation, including 16 any verbal or written communication or behavior, other than 17 facts relating exclusively to the timing or scheduling of 18 mediation. A mediator shall not be required to produce or 19 disclose any documents, including notes, memoranda, or other 20 work product, relating to mediation, other than documents 21 relating exclusively to the timing or scheduling of mediation. 22 This subsection shall not apply in any of the following 23 circumstances: 24 Sec. 19. Section 22.7, subsection 69, Code 2017, is amended 25 to read as follows: 26 69. The evidence of public employee support for 27 the certification , retention and recertification, or 28 decertification of an employee organization as defined in 29 section 20.3 that is submitted to the public employment 30 relations board as provided in sections section 20.14 and or 31 20.15 . 32 Sec. 20. Section 22.7, Code 2017, is amended by adding the 33 following new subsection: 34 NEW SUBSECTION . 70. Information indicating whether 35 -15- LSB 1725XS (2) 87 je/rj 15/ 68
S.F. 213 a public employee voted in a certification, retention and 1 recertification, or decertification election held pursuant to 2 section 20.15 or how the employee voted on any question on a 3 ballot in such an election. 4 Sec. 21. Section 70A.17A, subsection 3, Code 2017, is 5 amended by striking the subsection. 6 Sec. 22. Section 70A.19, Code 2017, is amended by striking 7 the section and inserting in lieu thereof the following: 8 70A.19 Payroll deduction for employee organization dues 9 prohibited. 10 The state, a state agency, a regents institution, a board of 11 directors of a school district, a community college, or an area 12 education agency, a county board of supervisors, a governing 13 body of a city, or any other public employer as defined in 14 section 20.3 shall not authorize or administer a deduction from 15 the salaries or wages of its employees for membership dues to 16 an employee organization as defined in section 20.3. 17 Sec. 23. Section 412.2, subsection 1, Code 2017, is amended 18 to read as follows: 19 1. From the proceeds of the assessments on the wages 20 and salaries of employees, of any such waterworks system, 21 or other municipally owned and operated public utility, 22 eligible to receive the benefits thereof. Notwithstanding 23 any provisions of section 20.9 to the contrary, a council, 24 board of waterworks, or other board or commission which 25 establishes a pension and annuity retirement system pursuant to 26 this chapter , shall negotiate in good faith with a certified 27 employee organization as defined in section 20.3 , which is the 28 collective bargaining representative of the employees, with 29 respect to the amount or rate of the assessment on the wages 30 and salaries of employees and the method or methods for payment 31 of the assessment by the employees. 32 Sec. 24. Section 602.1401, subsection 3, paragraph b, Code 33 2017, is amended to read as follows: 34 b. For purposes of chapter 20 , the certified representative, 35 -16- LSB 1725XS (2) 87 je/rj 16/ 68
S.F. 213 which on July 1, 1983, represents employees who become judicial 1 branch employees as a result of 1983 Iowa Acts, ch. 186, shall 2 remain the certified representative when the employees become 3 judicial branch employees and thereafter, unless the public 4 employee organization is not retained and recertified or is 5 decertified in an election held under section 20.15 or amended 6 or absorbed into another certified organization pursuant to 7 chapter 20 . Collective bargaining negotiations shall be 8 conducted on a statewide basis and the certified employee 9 organizations which engage in bargaining shall negotiate on a 10 statewide basis, although bargaining units shall be organized 11 by judicial district. The public employment relations board 12 shall adopt rules pursuant to chapter 17A to implement this 13 subsection . 14 Sec. 25. TRANSITION PROCEDURES —— EMERGENCY RULES. 15 1. As of the effective date of this division of this Act, 16 parties, mediators, and arbitrators engaging in any collective 17 bargaining procedures provided for in chapter 20, Code 2017, 18 who have not, before the effective date of this division 19 of this Act, completed such procedures, shall immediately 20 terminate any such procedures in process. A collective 21 bargaining agreement negotiated pursuant to such procedures in 22 process shall not become effective. Parties, mediators, and 23 arbitrators shall not engage in further collective bargaining 24 procedures except as provided in this section. Such parties, 25 on or after the effective date of this division of this Act, 26 may commence collective bargaining in accordance with section 27 20.17, as amended in this division of this Act. If such 28 parties include a state public employer and a state employee 29 organization, negotiation of a proposed collective bargaining 30 agreement to become effective during the remainder of calendar 31 year 2017 shall be complete not later than March 15, 2017, 32 unless the parties mutually agree to a different deadline. 33 If such parties include public employees represented by a 34 certified employee organization who are employed by a public 35 -17- LSB 1725XS (2) 87 je/rj 17/ 68
S.F. 213 employer which is a school district, area education agency, 1 or community college, negotiation of a proposed collective 2 bargaining agreement to become effective during the remainder 3 of calendar year 2017 shall be complete not later than June 4 30, 2017, unless the parties mutually agree to a different 5 deadline. 6 2. The public employment relations board shall adopt 7 emergency rules under section 17A.4, subsection 3, and section 8 17A.5, subsection 2, paragraph “b”, to provide for procedures 9 as deemed necessary to implement the provisions of this section 10 and the rules shall be effective immediately upon filing 11 unless a later date is specified in the rules. Such rules 12 shall include but are not limited to alternative deadlines for 13 completion of the procedures provided in sections 20.17 and 14 20.22, as amended by this division of this Act, and sections 15 20.19 and 20.20, which deadlines may be waived by mutual 16 agreement of the parties. 17 Sec. 26. EFFECTIVE UPON ENACTMENT. This division of this 18 Act, being deemed of immediate importance, takes effect upon 19 enactment. 20 Sec. 27. APPLICABILITY. 21 1. With the exception of the section of this division of 22 this Act amending section 20.6, subsection 1, this division of 23 this Act does not apply to collective bargaining agreements 24 which have been ratified in a ratification election referred 25 to in section 20.17, subsection 4, for which an arbitrator 26 has made a final determination as described in section 20.22, 27 subsection 11, or which have become effective, where such 28 events occurred before the effective date of this division of 29 this Act. This division of this Act applies to all collective 30 bargaining procedures provided for in chapter 20 occurring 31 on and after the effective date of this division of this Act 32 and collective bargaining agreements for which a ratification 33 election referred to in section 20.17, subsection 4, is 34 held, for which an arbitrator makes a final determination as 35 -18- LSB 1725XS (2) 87 je/rj 18/ 68
S.F. 213 described in section 20.22, subsection 11, or which, unless 1 otherwise provided in this section, become effective on or 2 after the effective date of this division of this Act. 3 2. The provision of this division of this Act amending 4 section 70A.19 does not apply to dues deductions required by 5 collective bargaining agreements which have been ratified in a 6 ratification election referred to in section 20.17, subsection 7 4, for which an arbitrator has made a final determination as 8 described in section 20.22, subsection 11, or which have become 9 effective, where such events occurred before the effective date 10 of this division of this Act. 11 3. Section 20.15, subsection 2, as enacted by this division 12 of this Act, does not apply to collective bargaining agreements 13 with expiration dates occurring before April 1, 2018. 14 DIVISION II 15 EDUCATOR EMPLOYMENT MATTERS 16 Sec. 28. Section 279.13, subsections 2 and 5, Code 2017, are 17 amended to read as follows: 18 2. The contract shall remain in force and effect for the 19 period stated in the contract and shall be automatically 20 continued for equivalent periods except as modified or 21 terminated by mutual agreement of the board of directors and 22 the teacher or as modified or terminated in accordance with 23 the provisions specified in this chapter . A contract shall 24 not be offered by the employing board to a teacher under its 25 jurisdiction prior to March 15 of any year. A teacher who has 26 not accepted a contract for the ensuing school year tendered 27 by the employing board may resign effective at the end of the 28 current school year by filing a written resignation with the 29 secretary of the board. The resignation must be filed not 30 later than the last day of the current school year or the date 31 specified by the employing board for return of the contract, 32 whichever date occurs first. However, a teacher shall not be 33 required to return a contract to the board or to resign less 34 than twenty-one days after the contract has been offered. 35 -19- LSB 1725XS (2) 87 je/rj 19/ 68
S.F. 213 5. Notwithstanding the other provisions of this section , a 1 temporary contract may be issued to a teacher for a period of 2 up to six months. Notwithstanding the other provisions of this 3 section, a temporary contract may also be issued to a teacher 4 to fill a vacancy created by a leave of absence in accordance 5 with the provisions of section 29A.28 , which contract shall 6 automatically terminate upon return from military leave of the 7 former incumbent of the teaching position and which contract . 8 Temporary contacts shall not be subject to the provisions of 9 sections 279.15 through 279.19 , or section 279.27 . A separate 10 extracurricular contract issued pursuant to section 279.19A to 11 a person issued a temporary contract under this section shall 12 automatically terminate with the termination of the temporary 13 contract as required under section 279.19A, subsection 8 . 14 Sec. 29. Section 279.13, subsection 4, unnumbered paragraph 15 1, Code 2017, is amended to read as follows: 16 For purposes of this section , sections 279.14 , 279.15 17 through 279.17 , 279.16, 279.19 , and 279.27 , unless the context 18 otherwise requires, “teacher” includes the following individuals 19 employed by a community college: 20 Sec. 30. Section 279.14, Code 2017, is amended to read as 21 follows: 22 279.14 Evaluation criteria and procedures. 23 1. The board shall establish evaluation criteria and shall 24 implement evaluation procedures. If an exclusive bargaining 25 representative has been certified, the board shall negotiate 26 in good faith with respect to evaluation procedures pursuant 27 to chapter 20 . 28 2. The determination of standards of performance expected 29 of school district personnel shall be reserved as an exclusive 30 management right of the school board and shall not be subject 31 to mandatory negotiations under chapter 20 . Notwithstanding 32 chapter 20 , objections to the procedures, use, or content of 33 an evaluation in a teacher termination proceeding brought 34 before the school board in a hearing held in accordance with 35 -20- LSB 1725XS (2) 87 je/rj 20/ 68
S.F. 213 section 279.16 or 279.27 shall not be subject to the grievance 1 procedures negotiated in accordance with chapter 20 . A school 2 district shall not be obligated to process any evaluation 3 grievance after service of a notice and recommendation to 4 terminate an individual’s continuing teaching contract in 5 accordance with this chapter . 6 Sec. 31. Section 279.15, subsection 2, paragraph c, Code 7 2017, is amended to read as follows: 8 c. Within five days of the receipt of the written notice 9 that the superintendent is recommending termination of the 10 contract, the teacher may request, in writing to the secretary 11 of the board, a private hearing with the board. The private 12 hearing shall not be subject to chapter 21 and shall be held 13 no sooner than ten twenty days and no later than twenty forty 14 days following the receipt of the request unless the parties 15 otherwise agree. The secretary of the board shall notify the 16 teacher in writing of the date, time, and location of the 17 private hearing, and at least five ten days before the hearing 18 shall also furnish to the teacher any documentation which 19 may be presented to the board at the private hearing and a 20 list of persons who may address the board in support of the 21 superintendent’s recommendation at the private hearing. At 22 least three seven days before the hearing, the teacher shall 23 provide any documentation the teacher expects to present at 24 the private hearing, along with the names of any persons who 25 may address the board on behalf of the teacher. This exchange 26 of information shall be at the time specified unless otherwise 27 agreed. 28 Sec. 32. Section 279.16, subsections 1, 2, 6, 7, 8, 9, and 29 10, Code 2017, are amended to read as follows: 30 1. The participants at the private hearing shall be at 31 least a majority of the members of the board , and their 32 legal representatives, if any, the and the witnesses for the 33 parties. The superintendent, the superintendent’s designated 34 representatives, if any, the teacher’s immediate supervisor, 35 -21- LSB 1725XS (2) 87 je/rj 21/ 68
S.F. 213 the teacher, and the teacher’s representatives, if any, and the 1 witnesses for the parties may participate in the hearing as 2 well . The evidence at the private hearing shall be limited to 3 the specific reasons stated in the superintendent’s notice of 4 recommendation of termination. No A participant in the hearing 5 shall not be liable for any damages to any person if any 6 statement at the hearing is determined to be erroneous as long 7 as the statement was made in good faith. The superintendent 8 shall present evidence and argument on all issues involved and 9 the teacher may cross-examine, respond , and present evidence 10 and argument in the teacher’s behalf relevant to all issues 11 involved. Evidence may be by stipulation of the parties and 12 informal settlement may be made by stipulation, consent, or 13 default or by any other method agreed upon by the parties in 14 writing. The board shall employ a certified shorthand reporter 15 to keep a record of the private hearing. The proceedings 16 or any part thereof shall be transcribed at the request of 17 either party with the expense of transcription charged to the 18 requesting party. 19 2. The presiding officer of the board may administer oaths 20 in the same manner and with like effect and under the same 21 penalties as in the case of magistrates exercising criminal 22 or civil jurisdiction. The board shall cause subpoenas to be 23 issued for such witnesses and the production of such books 24 and papers as either the board or the teacher may designate. 25 The subpoenas shall be signed by the presiding officer of the 26 board. 27 6. If the teacher fails to timely request a private hearing 28 or does not appear at the private hearing, the board may 29 proceed and make a determination upon the superintendent’s 30 recommendation. If the teacher fails to timely file a request 31 for a private hearing, the determination shall be not later 32 than May 31. If the teacher fails to appear at the private 33 hearing, the determination shall be not later than five days 34 after the scheduled date for the private hearing. The board 35 -22- LSB 1725XS (2) 87 je/rj 22/ 68
S.F. 213 shall convene in open session and by roll call vote determine 1 the termination or continuance of the teacher’s contract 2 and, if the board votes to continue the teacher’s contract, 3 whether to suspend the teacher with or without pay for a 4 period specified by the board or issue the teacher a one-year, 5 nonrenewable contract . 6 7. Within five days after the private hearing, the board 7 shall, in executive session, meet to make a final decision 8 upon the recommendation and the evidence as herein provided. 9 The board shall also consider any written brief and arguments 10 submitted by the superintendent and the teacher. 11 8. a. The record for a private hearing shall include: 12 a. (1) All pleadings, motions , and intermediate rulings. 13 b. (2) All evidence received or considered and all other 14 submissions. 15 c. (3) A statement of all matters officially noticed. 16 d. (4) All questions and offers of proof, objections , and 17 rulings thereon. 18 e. (5) All findings and exceptions. 19 f. (6) Any decision, opinion, or conclusion by the board. 20 g. Findings of fact 21 b. The decision of the board shall be based solely on the 22 evidence in the record and on matters officially noticed in the 23 record. 24 9. The decision of the board shall be in writing and shall 25 include findings of fact and conclusions of law, separately 26 stated . Findings of fact, if set forth in statutory language, 27 shall be accompanied by a concise and explicit statement of the 28 underlying facts and supporting the findings. Each conclusion 29 of law shall be supported by cited authority or by reasoned 30 opinion. 31 10. When the board has reached a decision, opinion, or 32 conclusion, it shall convene in open meeting and by roll 33 call vote determine the continuance or discontinuance of 34 the teacher’s contract and, if the board votes to continue 35 -23- LSB 1725XS (2) 87 je/rj 23/ 68
S.F. 213 the teacher’s contract, whether to suspend the teacher with 1 or without pay for a period specified by the board or issue 2 the teacher a one-year, nonrenewable contract . The record 3 of the private conference hearing and findings of fact and 4 exceptions written decision of the board shall be exempt from 5 the provisions of chapter 22 . The secretary of the board shall 6 immediately mail notice of the board’s action to the teacher. 7 Sec. 33. Section 279.16, subsections 3 and 5, Code 2017, are 8 amended by striking the subsections. 9 Sec. 34. Section 279.18, Code 2017, is amended to read as 10 follows: 11 279.18 Appeal by either party teacher to court. 12 1. If either party a teacher rejects the adjudicator’s 13 board’s decision, the rejecting party teacher shall, within 14 thirty days of the initial filing of such decision, appeal to 15 the district court of the county in which the administrative 16 office of the school district is located. The notice of 17 appeal shall be immediately mailed by certified mail to the 18 other party board . The adjudicator secretary of the board 19 shall transmit to the reviewing court the original or a 20 certified copy of the entire record which may be the subject 21 of the petition. By stipulation of all parties to the review 22 proceedings, the record of such a case may be shortened. A 23 party unreasonably refusing to stipulate to limit the record 24 may be taxed by the court for the additional cost. The court 25 may require or permit subsequent corrections or additions to 26 the shortened record. 27 2. In proceedings for judicial review of the adjudicator’s 28 board’s decision, the court shall not hear any further evidence 29 but shall hear the case upon the certified record. In such 30 judicial review, especially when considering the credibility 31 of witnesses, the court shall give weight to the fact findings 32 decision of the board ; , but shall not be bound by them it . 33 The court may affirm the adjudicator’s board’s decision or 34 remand to the adjudicator or the board for further proceedings 35 -24- LSB 1725XS (2) 87 je/rj 24/ 68
S.F. 213 upon conditions determined by the court. The court shall 1 reverse, modify, or grant any other appropriate equitable or 2 legal relief from the board decision , or the adjudicator’s 3 decision equitable or legal and including declaratory relief , 4 if substantial rights of the petitioner have been prejudiced 5 because the action is any of the following : 6 a. In violation of constitutional or statutory provisions ; 7 or . 8 b. In excess of the statutory authority of the board or the 9 adjudicator; or . 10 c. In violation of a board rule or policy or contract ; or . 11 d. Made upon unlawful procedure ; or . 12 e. Affected by other error of law ; or . 13 f. Unsupported by a preponderance of the competent evidence 14 in the record made before the board and the adjudicator when 15 that record is viewed as a whole ; or . 16 g. Unreasonable, arbitrary , or capricious or characterized 17 by an abuse of discretion or a clearly unwarranted exercise of 18 discretion. 19 3. An aggrieved or adversely affected party to the judicial 20 review proceeding may obtain a review of any final judgment of 21 the district court by appeal to the supreme court. The appeal 22 shall be taken as in other civil cases, although the appeal may 23 be taken regardless of the amount involved. 24 4. For purposes of this section , unless the context 25 otherwise requires, “rejecting party” “teacher” shall include, 26 but not be limited to, an instructor employed by a community 27 college. 28 Sec. 35. Section 279.19, Code 2017, is amended to read as 29 follows: 30 279.19 Probationary period. 31 1. The first three consecutive years of employment of 32 a teacher in the same school district are a probationary 33 period. However, if the teacher has successfully completed a 34 probationary period of employment for another school district 35 -25- LSB 1725XS (2) 87 je/rj 25/ 68
S.F. 213 located in Iowa, the probationary period in the current 1 district of employment shall not exceed one year two years . 2 A board of directors may waive the probationary period for 3 any teacher who previously has served a probationary period 4 in another school district and the board may extend the 5 probationary period for an additional year with the consent of 6 the teacher. 7 2. In the case of the termination of a probationary 8 teacher’s contract, the contract may be terminated by the board 9 of directors effective at the end of a school year without 10 cause. The superintendent or the superintendent’s designee 11 shall notify the teacher not later than April 30 that the 12 board has voted to terminate the contract effective at the 13 end of the school year. The notice shall be in writing by 14 letter, personally delivered, or mailed by certified mail. The 15 notification shall be complete when received by the teacher. 16 Within ten days after receiving the notice, the teacher may 17 request a private conference with the school board to discuss 18 the reasons for termination. The provisions of sections 279.15 19 and 279.16 shall not apply to such a termination . However, 20 if the probationary teacher is a beginning teacher who fails 21 to demonstrate competence in the Iowa teaching standards in 22 accordance with chapter 284 , the provisions of sections 279.17 23 and 279.18 shall also apply. 24 3. The board’s decision shall be final and binding unless 25 the termination was based upon an alleged violation of a 26 constitutionally guaranteed right of the teacher or an alleged 27 violation of public employee rights of the teacher under 28 section 20.10 . 29 Notwithstanding any provision to the contrary, the 30 grievance procedures of section 20.18 relating to job 31 performance or job retention shall not apply to a teacher 32 during the first two years of the teacher’s probationary 33 period. However, this paragraph shall not apply to a teacher 34 who has successfully completed a probationary period in a 35 -26- LSB 1725XS (2) 87 je/rj 26/ 68
S.F. 213 school district in Iowa. 1 Sec. 36. Section 279.19A, subsections 1, 2, 7, and 8, Code 2 2017, are amended to read as follows: 3 1. School districts employing individuals to coach 4 interscholastic athletic sports shall issue a separate 5 extracurricular contract for each of these sports. An 6 extracurricular contract offered under this section shall be 7 separate from the contract issued under section 279.13 . Wages 8 for employees who coach these sports shall be paid pursuant 9 to established or negotiated supplemental pay schedules. 10 An extracurricular contract shall be in writing, and shall 11 state the number of contract days for that sport, the annual 12 compensation to be paid, and any other matters as may be 13 mutually agreed upon. The contract shall be for a single 14 school year. 15 2. a. An extracurricular contract shall be continued 16 automatically in force and effect for equivalent periods, 17 except as modified or terminated by mutual agreement of 18 the board of directors and the employee, or terminated in 19 accordance with this section . An extracurricular contract 20 shall initially be offered by the employing board to an 21 individual on the same date that contracts are offered to 22 teachers under section 279.13 . An extracurricular contract 23 may be terminated at the end of a school year pursuant to 24 sections 279.15 through 279.19 . If the school district offers 25 an extracurricular contract for a sport for the subsequent 26 school year to an employee who is currently performing 27 under an extracurricular contract for that sport, and the 28 employee does not wish to accept the extracurricular contract 29 for the subsequent year, the employee may resign from the 30 extracurricular contract within twenty-one days after it has 31 been received. 32 b. Section 279.13, subsection 3 , applies to this section . 33 If the provisions of an extracurricular contract executed 34 under this section conflict with a collective bargaining 35 -27- LSB 1725XS (2) 87 je/rj 27/ 68
S.F. 213 agreement negotiated under chapter 20 and effective when the 1 extracurricular contract is executed or renewed, the provisions 2 of the collective bargaining agreement shall prevail. 3 7. An extracurricular contract may be terminated prior to 4 the expiration of that contract pursuant to section 279.27 for 5 any lawful reason following an informal, private hearing before 6 the board of directors . The decision of the board to terminate 7 an extracurricular contract shall be final. 8 8. a. A termination proceeding of regarding an 9 extracurricular contract either by the board pursuant to 10 subsection 2 or pursuant to section 279.27 does shall not 11 affect a contract issued pursuant to section 279.13 . 12 b. A termination of a contract entered into pursuant to 13 section 279.13 , or a resignation from that contract by the 14 teacher, constitutes an automatic termination or resignation of 15 the extracurricular contract in effect between the same teacher 16 and the employing school board. 17 Sec. 37. Section 279.23, subsection 1, paragraph c, Code 18 2017, is amended to read as follows: 19 c. The rate of compensation per week of five consecutive 20 days or month of four consecutive weeks . 21 Sec. 38. Section 279.23, subsection 5, Code 2017, is amended 22 to read as follows: 23 5. Notwithstanding the other provisions of this section , 24 a temporary contract may be issued to an administrator for 25 up to nine months. Notwithstanding the other provisions of 26 this section, a temporary contract may also be issued to 27 an administrator to fill a vacancy created by a leave of 28 absence in accordance with the provisions of section 29A.28 , 29 which contract shall automatically terminate upon return from 30 military leave of the former incumbent of the administrator 31 position and which contract . Temporary contracts shall not be 32 subject to the provisions of sections 279.24 and 279.25 . 33 Sec. 39. Section 279.24, subsections 2 and 4, Code 2017, are 34 amended to read as follows: 35 -28- LSB 1725XS (2) 87 je/rj 28/ 68
S.F. 213 2. If the board of directors is considering termination of 1 an administrator’s contract, prior to any formal action, the 2 board may arrange to meet in closed session, in accordance with 3 the provisions of section 21.5 , with the administrator and the 4 administrator’s representative. The board shall review the 5 administrator’s evaluation, review the reasons for nonrenewal, 6 and give the administrator an opportunity to respond. If, 7 following the closed session, the board of directors and the 8 administrator are unable to mutually agree to a modification or 9 termination of the administrator’s contract, or the board of 10 directors and the administrator are unable to mutually agree 11 to enter into may issue a one-year nonrenewable contract , 12 to the administrator. If the board of directors decides to 13 terminate the administrator’s contract, the board shall follow 14 the procedures in this section . 15 4. Administrators employed in a school district for 16 less than two three consecutive years are probationary 17 administrators. However, a school board may waive the 18 probationary period for any administrator who has previously 19 served a probationary period in another school district and 20 the school board may extend the probationary period for an 21 additional year with the consent of the administrator. If a 22 school board determines that it should terminate a probationary 23 administrator’s contract, the school board shall notify the 24 administrator not later than May 15 that the contract will not 25 be renewed beyond the current year. The notice shall be in 26 writing by letter, personally delivered, or mailed by certified 27 mail. The notification shall be complete when received by the 28 administrator. Within ten days after receiving the notice, the 29 administrator may request a private conference with the school 30 board to discuss the reasons for termination. The school 31 board’s decision to terminate a probationary administrator’s 32 contract shall be final unless the termination was based upon 33 an alleged violation of a constitutionally guaranteed right of 34 the administrator. 35 -29- LSB 1725XS (2) 87 je/rj 29/ 68
S.F. 213 Sec. 40. Section 279.24, subsection 5, paragraphs c, d, e, 1 f, g, and h, Code 2017, are amended to read as follows: 2 c. Within five days after receipt of the written notice 3 that the school board has voted to consider termination of 4 the contract, the administrator may request a private hearing 5 in writing to the secretary of the school board that . The 6 board shall then forward the notification be forwarded to 7 the board of educational examiners along with a request that 8 the board of educational examiners submit a list of five 9 qualified administrative law judges to the parties. Within 10 three days from receipt of the list the parties shall select an 11 administrative law judge by alternately removing a name from 12 the list until only one name remains. The person whose name 13 remains shall be the administrative law judge. The parties 14 shall determine by lot which party shall remove the first 15 name from the list. The private hearing shall be held no 16 sooner than ten twenty days and not later than thirty forty 17 days following the administrator’s request unless the parties 18 otherwise agree. If the administrator does not request a 19 private hearing, the school board, not later than May 31, may 20 determine the continuance or discontinuance of the contract 21 and, if the board determines to continue the administrator’s 22 contract, whether to suspend the administrator with or without 23 pay for a period specified by the board. School board action 24 shall be by majority roll call vote entered on the minutes of 25 the meeting. Notice of school board action shall be personally 26 delivered or mailed to the administrator. 27 d. The administrative law judge selected shall notify 28 the secretary of the school board and the administrator in 29 writing concerning the date, time, and location of the private 30 hearing. The school board may be represented by a legal 31 representative, if any, and the administrator shall appear and 32 may be represented by counsel or by representative, if any. 33 Any witnesses for the parties at the private hearing shall be 34 sequestered. A transcript or recording shall be made of the 35 -30- LSB 1725XS (2) 87 je/rj 30/ 68
S.F. 213 proceedings at the private hearing. A school board member or 1 administrator is not liable for any damage to an administrator 2 or school board member if a statement made at the private 3 hearing is determined to be erroneous as long as the statement 4 was made in good faith. 5 e. The administrative law judge shall, within ten days 6 following the date of the private hearing, make a proposed 7 decision as to whether or not the administrator should be 8 dismissed, and shall give a copy of the proposed decision to 9 the administrator and the school board. Findings of fact shall 10 be prepared by the administrative law judge. The proposed 11 decision of the administrative law judge shall become the final 12 decision of the school board unless within ten thirty days 13 after the filing of the decision the administrator files a 14 written notice of appeal with the school board, or the school 15 board on its own motion determines to review the decision. 16 f. If the administrator appeals to the school board, or if 17 the school board determines on its own motion to review the 18 proposed decision of the administrative law judge, a private 19 hearing shall be held before the school board within five ten 20 days after the petition for review, or motion for review, has 21 been made or at such other time as the parties agree. The 22 private hearing is not subject to chapter 21 . The school board 23 may hear the case de novo upon the record as submitted before 24 the administrative law judge. In cases where there is an 25 appeal from a proposed decision or where a proposed decision 26 is reviewed on motion of the school board, an opportunity 27 shall be afforded to each party to file exceptions, present 28 briefs, and present oral arguments to the school board which 29 is to render the final decision. The secretary of the school 30 board shall give the administrator written notice of the time, 31 place, and date of the private hearing. The school board shall 32 meet within five days after the private hearing to determine 33 the question of continuance or discontinuance of the contract 34 and, if the board determines to continue the administrator’s 35 -31- LSB 1725XS (2) 87 je/rj 31/ 68
S.F. 213 contract, whether to suspend the administrator with or 1 without pay for a period specified by the board or issue the 2 administrator a one-year, nonrenewable contract . The school 3 board shall make findings of fact which shall be based solely 4 on the evidence in the record and on matters officially noticed 5 in the record. 6 g. The decision of the school board shall be in writing 7 and shall include findings of fact and conclusions of law, 8 separately stated . Findings of fact, if set forth in statutory 9 language, shall be accompanied by a concise and explicit 10 statement of the underlying facts supporting the findings. 11 Each conclusion of law shall be supported by cited authority 12 or by reasoned opinion. 13 h. When the school board has reached a decision, opinion, 14 or conclusion, it shall convene in open meeting and by roll 15 call vote determine the continuance or discontinuance of 16 the administrator’s contract and, if the board votes to 17 continue the administrator’s contract, whether to suspend the 18 administrator with or without pay for a period specified by 19 the board or issue the administrator a one-year, nonrenewable 20 contract . The record of the private conference hearing 21 and findings of fact and exceptions written decision of the 22 board shall be exempt from the provisions of chapter 22 . The 23 secretary of the school board shall immediately personally 24 deliver or mail notice of the school board’s action to the 25 administrator. 26 Sec. 41. Section 279.27, Code 2017, is amended to read as 27 follows: 28 279.27 Discharge of teacher. 29 1. A teacher may be discharged at any time during the 30 contract year for just cause. The superintendent or the 31 superintendent’s designee, shall notify the teacher immediately 32 that the superintendent will recommend in writing to the board 33 at a regular or special meeting of the board held not more 34 than fifteen days after notification has been given to the 35 -32- LSB 1725XS (2) 87 je/rj 32/ 68
S.F. 213 teacher that the teacher’s continuing contract be terminated 1 effective immediately following a decision of the board. The 2 procedure for dismissal shall be as provided in section 279.15, 3 subsection 2 , and sections 279.16 to through 279.19 . The 4 superintendent may suspend a teacher under this section pending 5 hearing and determination by the board. 6 2. For purposes of this section, “just cause” includes 7 but is not limited to a violation of the code of professional 8 conduct and ethics of the board of educational examiners if 9 the board has taken disciplinary action against a teacher, 10 during the six months following issuance by the board of a 11 final written decision and finding of fact after a disciplinary 12 proceeding. 13 Sec. 42. Section 284.3, subsection 2, Code 2017, is amended 14 to read as follows: 15 2. A school board shall provide for the following: 16 a. For purposes of comprehensive evaluations, standards 17 and criteria which measure a beginning teacher’s performance 18 against the Iowa teaching standards specified in subsection 1 , 19 and the criteria for the Iowa teaching standards developed by 20 the department in accordance with section 256.9, to determine 21 whether the teacher’s practice meets the requirements specified 22 for a career teacher. These standards and criteria shall be 23 set forth in an instrument provided by the department. The 24 comprehensive evaluation and instrument are not subject to 25 negotiations or grievance procedures pursuant to chapter 20 or 26 determinations made by the board of directors under section 27 279.14 . A local school board and its certified bargaining 28 representative may negotiate, pursuant to chapter 20 , 29 evaluation and grievance procedures for beginning teachers that 30 are not in conflict with this chapter . If, in accordance with 31 section 279.19 , a beginning teacher appeals the determination 32 of a school board to an adjudicator under section 279.17 , the 33 adjudicator selected shall have successfully completed training 34 related to the Iowa teacher standards, the criteria adopted 35 -33- LSB 1725XS (2) 87 je/rj 33/ 68
S.F. 213 by the state board in accordance with subsection 3 , and any 1 additional training required under rules adopted by the public 2 employment relations board in cooperation with the state board. 3 b. For purposes of performance reviews for teachers other 4 than beginning teachers, evaluations that contain, at a 5 minimum, the Iowa teaching standards specified in subsection 6 1 , as well as the criteria for the Iowa teaching standards 7 developed by the department in accordance with section 8 256.9, subsection 42 . A local school board and its certified 9 bargaining representative may negotiate, pursuant to chapter 10 20 , additional teaching standards and criteria. A local 11 school board and its certified bargaining representative shall 12 negotiate, pursuant to chapter 20 , evaluation and grievance 13 procedures for teachers other than beginning teachers that are 14 not in conflict with this chapter . 15 Sec. 43. Section 284.4, subsection 1, paragraph c, 16 subparagraphs (2) and (5), Code 2017, are amended to read as 17 follows: 18 (2) Monitor the evaluation requirements of this chapter 19 to ensure evaluations are conducted in a fair and consistent 20 manner throughout the school district or agency. In addition 21 to any negotiated evaluation procedures, The committee shall 22 develop model evidence for the Iowa teaching standards and 23 criteria. The model evidence will minimize paperwork and focus 24 on teacher improvement. The model evidence will determine 25 which standards and criteria can be met with observation and 26 which evidence meets multiple standards and criteria. 27 (5) Ensure the agreement negotiated pursuant to chapter 28 20 determines Determine the compensation for teachers on the 29 committee for work responsibilities required beyond the normal 30 work day. 31 Sec. 44. Section 284.8, subsections 2 and 4, Code 2017, are 32 amended to read as follows: 33 2. If a supervisor or an evaluator determines, at any time, 34 as a result of a teacher’s performance that the teacher is not 35 -34- LSB 1725XS (2) 87 je/rj 34/ 68
S.F. 213 meeting district expectations under the Iowa teaching standards 1 specified in section 284.3, subsection 1 , paragraphs “a” 2 through “h” , and the criteria for the Iowa teaching standards 3 developed by the department in accordance with section 256.9, 4 subsection 42 , and any other standards or criteria established 5 in the collective bargaining agreement, the evaluator shall, 6 at the direction of the teacher’s supervisor, recommend to 7 the district that the teacher participate in an intensive 8 assistance program. The intensive assistance program and its 9 implementation are not subject to negotiation and grievance 10 procedures established pursuant to chapter 20 . All school 11 districts shall be prepared to offer an intensive assistance 12 program. 13 4. A teacher who is not meeting the applicable standards and 14 criteria based on a determination made pursuant to subsection 2 15 shall participate in an intensive assistance program. However, 16 a teacher who has previously participated in an intensive 17 assistance program relating to particular Iowa teaching 18 standards or criteria shall not be entitled to participate 19 in another intensive assistance program relating to the same 20 standards or criteria and shall be subject to the provisions of 21 subsection 5. 22 Sec. 45. Section 284.8, subsection 3, Code 2017, is amended 23 by striking the subsection. 24 Sec. 46. Section 284.8, Code 2017, is amended by adding the 25 following new subsection: 26 NEW SUBSECTION . 5. Following a teacher’s participation 27 in an intensive assistance program, the teacher shall be 28 reevaluated to determine whether the teacher successfully 29 completed the intensive assistance program and is meeting 30 district expectations under the applicable Iowa teaching 31 standards or criteria. If the teacher did not successfully 32 complete the intensive assistance program or continues not to 33 meet the applicable Iowa teaching standards or criteria, the 34 board may do any of the following: 35 -35- LSB 1725XS (2) 87 je/rj 35/ 68
S.F. 213 a. Terminate the teacher’s contract immediately pursuant to 1 section 279.27. 2 b. Terminate the teacher’s contract at the end of the school 3 year pursuant to section 279.15. 4 c. Continue the teacher’s contract for a period not to 5 exceed one year. However, the contract shall not be renewed 6 and shall not be subject to section 279.15. 7 Sec. 47. REPEAL. Section 279.17, Code 2017, is repealed. 8 Sec. 48. EFFECTIVE UPON ENACTMENT. This division of this 9 Act, being deemed of immediate importance, takes effect upon 10 enactment. 11 Sec. 49. APPLICABILITY. This division of this Act applies 12 to employment contracts of school employees entered into 13 pursuant to chapter 279 on and after the effective date of this 14 division of this Act. This division of this Act does not apply 15 to collective bargaining agreements pursuant to chapter 20 16 which have been ratified in a ratification election referred 17 to in section 20.17, subsection 4, for which an arbitrator 18 has made a final determination as described in section 20.22, 19 subsection 11, or which have become effective, where such 20 events occurred before the effective date of this division of 21 this Act. This division of this Act applies to all collective 22 bargaining procedures provided for in chapter 20 occurring on 23 and after the effective date of this division of this Act and 24 collective bargaining agreements pursuant to chapter 20 for 25 which a ratification election referred to in section 20.17, 26 subsection 4, is held, for which an arbitrator makes a final 27 determination as described in section 20.22, subsection 11, 28 or which, unless otherwise provided in this section, become 29 effective on or after the effective date of this division of 30 this Act. 31 DIVISION III 32 PERSONNEL RECORDS AND SETTLEMENT AGREEMENTS 33 Sec. 50. Section 22.7, subsection 11, paragraph a, 34 subparagraph (5), Code 2017, is amended to read as follows: 35 -36- LSB 1725XS (2) 87 je/rj 36/ 68
S.F. 213 (5) The fact that the individual resigned in lieu of 1 termination, was discharged , or was demoted as the result 2 of a final disciplinary action upon the exhaustion of all 3 applicable contractual, legal, and statutory remedies , and the 4 documented reasons and rationale for the resignation in lieu 5 of termination, the discharge, or the demotion . For purposes 6 of this subparagraph, “demoted” and “demotion” mean a change 7 of an employee from a position in a given classification to a 8 position in a classification having a lower pay grade. 9 Sec. 51. NEW SECTION . 22.13A Personnel settlement 10 agreements —— state employees —— confidentiality —— disclosure. 11 1. For purposes of this section: 12 a. “Personnel settlement agreement” means a binding legal 13 agreement between a state employee and the state employee’s 14 employer, subject to section 22.13, to resolve a personnel 15 dispute including but not limited to a grievance. “Personnel 16 settlement agreement” does not include an initial decision by 17 a state employee’s employer concerning a personnel dispute or 18 grievance. 19 b. “State employee” means an employee of the state who is 20 an employee of the executive branch as described in sections 21 7E.2 and 7E.5. 22 2. Personnel settlement agreements shall not contain any 23 confidentiality or nondisclosure provision that attempts to 24 prevent the disclosure of the personnel settlement agreement. 25 In addition, any confidentiality or nondisclosure provision in 26 a personnel settlement agreement is void and unenforceable. 27 3. The requirements of this section shall not be superseded 28 by any provision of a collective bargaining agreement. 29 4. All personnel settlement agreements shall be made easily 30 accessible to the public on an internet site maintained as 31 follows: 32 a. For personnel settlement agreements with an employee of 33 the executive branch, excluding an employee of the state board 34 of regents or institution under the control of the state board 35 -37- LSB 1725XS (2) 87 je/rj 37/ 68
S.F. 213 of regents, by the department of administrative services. 1 b. For personnel settlement agreements with an employee of 2 the state board of regents or institution under the control of 3 the state board of regents, by the state board of regents. 4 5. a. A state agency shall not enter into a personnel 5 settlement agreement with a state employee on behalf of the 6 state unless the personnel settlement agreement is first 7 reviewed by the attorney general or the attorney general’s 8 designee. Additionally, a state agency shall not enter into a 9 personnel settlement agreement with a state employee on behalf 10 of the state unless the agreement has been approved in writing 11 by the following individuals: 12 (1) For a state agency other than an institution governed 13 by the board of regents, the director of the department of 14 management, the director of the department of administrative 15 services, and the head of the state agency. 16 (2) For an institution governed by the board of regents, the 17 executive director of the board of regents and the head of the 18 institution. 19 b. If subparagraph (1) or (2) is not consistent with the 20 provision of a collective bargaining agreement, a state agency 21 shall provide the individuals referenced in this subsection, 22 as applicable, with regular reports regarding any personnel 23 settlement agreements entered into with state employees by the 24 state agency. 25 Sec. 52. NEW SECTION . 22.15 Personnel records —— discipline 26 —— employee notification. 27 A government body that takes disciplinary action against an 28 employee that may result in information described in section 29 22.7, subsection 11, paragraph “a” , subparagraph (5), being 30 placed in the employee’s personnel record, prior to taking such 31 disciplinary action, shall notify the employee in writing that 32 the information placed in the employee’s personnel file as a 33 result of the disciplinary action may become a public record. 34 Sec. 53. EFFECTIVE UPON ENACTMENT. This division of this 35 -38- LSB 1725XS (2) 87 je/rj 38/ 68
S.F. 213 Act, being deemed of immediate importance, takes effect upon 1 enactment. 2 Sec. 54. APPLICABILITY. The section of this division of 3 this Act amending section 22.7, subsection 11, applies to all 4 information described in section 22.7, subsection 11, paragraph 5 “a”, subparagraph (5), as amended by this division of this Act, 6 relating to information placed in an individual’s personnel 7 records on or after the effective date of this division of this 8 Act. 9 DIVISION IV 10 CITY CIVIL SERVICE REQUIREMENTS 11 Sec. 55. Section 400.12, Code 2017, is amended to read as 12 follows: 13 400.12 Seniority. 14 1. For the purpose of determining the seniority rights 15 of civil service employees employed or appointed as fire 16 fighters or police officers, fire chiefs or police chiefs, or 17 assistant fire chiefs or assistant police chiefs , seniority 18 shall be computed, beginning with the date of appointment to 19 or employment in any positions for which they were certified 20 or otherwise qualified and established as provided in this 21 chapter , but shall not include any period of time exceeding 22 sixty days in any one year during which they were absent from 23 the service except for disability. 24 2. In the event that a civil service employee employed 25 or appointed as a fire fighter or police officer, fire chief 26 or police chief, or assistant fire chief or assistant police 27 chief has more than one classification or grade, the length of 28 the employee’s seniority rights shall date in the respective 29 classifications or grades from and after the time the employee 30 was appointed to or began employment in each classification or 31 grade. In the event that an employee has been promoted from 32 one classification or grade to another, the employee’s civil 33 service seniority rights shall be continuous in any department 34 grade or classification that the employee formerly held. 35 -39- LSB 1725XS (2) 87 je/rj 39/ 68
S.F. 213 3. A list of all civil service employees employed or 1 appointed as fire fighters or police officers, fire chiefs or 2 police chiefs, or assistant fire chiefs or assistant police 3 chiefs shall be prepared and posted in the city hall by the 4 civil service commission on or before July 1 of each year, 5 indicating the civil service standing of each employee as to 6 the employee’s seniority. 7 4. Seniority rights under this section shall not be 8 applicable to a civil service employee unless the employee is 9 employed or appointed as a fire fighter or police officer, fire 10 chief or police chief, or assistant fire chief or assistant 11 police chief. Seniority rights under this section shall only 12 accrue during employment or appointment as a fire fighter or 13 police officer, fire chief or police chief, or assistant fire 14 chief or assistant police chief. 15 Sec. 56. Section 400.17, subsection 4, Code 2017, is amended 16 to read as follows: 17 4. A person shall not be appointed, denied appointment, 18 promoted, removed, discharged, suspended, or demoted to or 19 from a civil service position or in any other way favored or 20 discriminated against in that position because of political 21 or religious opinions or affiliations, race, national origin, 22 sex, or age, or in retaliation for the exercise of any right 23 enumerated in this chapter . However, the maximum age for a 24 police officer or fire fighter covered by this chapter and 25 employed for police duty or the duty of fighting fires is 26 sixty-five years of age. 27 Sec. 57. Section 400.18, Code 2017, is amended to read as 28 follows: 29 400.18 Removal, discharge, demotion, or suspension. 30 1. A person holding civil service rights as provided in this 31 chapter shall not be removed, discharged, demoted, or suspended 32 arbitrarily, except as otherwise provided in this chapter , 33 but may be removed, discharged, demoted, or suspended after a 34 hearing by a majority vote of the civil service commission, 35 -40- LSB 1725XS (2) 87 je/rj 40/ 68
S.F. 213 for neglect of duty, disobedience, misconduct, or failure 1 to properly perform the person’s duties due to any act or 2 failure to act by the employee that is in contravention of 3 law, city policies, or standard operating procedures, or that 4 in the judgment of the person having the appointing power as 5 provided in this chapter, or the chief of police or chief of 6 the fire department, is sufficient to show that the employee is 7 unsuitable or unfit for employment . 8 2. An employee who is removed, discharged, demoted, or 9 suspended may request a hearing before the civil service 10 commission to review the appointing authority’s, police 11 chief’s, or fire chief’s decision to remove, discharge, demote, 12 or suspend the employee. 13 2. 3. The party alleging neglect of duty, disobedience, 14 misconduct, or failure to properly perform a duty city shall 15 have the burden of proof to prove that the act or failure to act 16 by the employee was in contravention of law, city policies, or 17 standard operating procedures, or is sufficient to show that 18 the employee is unsuitable or unfit for employment . 19 3. 4. A person subject to a hearing has the right to 20 be represented by counsel at the person’s expense or by the 21 person’s authorized collective bargaining representative. 22 5. A collective bargaining agreement to which a bargaining 23 unit that has a majority of members who are public safety 24 employees as defined in section 20.3 is a party shall provide 25 additional procedures not inconsistent with this section for 26 the implementation of this section. 27 Sec. 58. Section 400.19, Code 2017, is amended to read as 28 follows: 29 400.19 Removal , or discharge , demotion, or suspension of 30 subordinates. 31 The person having the appointing power as provided in 32 this chapter , or the chief of police or chief of the fire 33 department, may , upon presentation of grounds for such action 34 to the subordinate in writing, peremptorily remove, discharge, 35 -41- LSB 1725XS (2) 87 je/rj 41/ 68
S.F. 213 demote, or suspend , demote, or discharge a subordinate then 1 under the person’s or chief’s direction for neglect of duty, 2 disobedience of orders, misconduct, or failure to properly 3 perform the subordinate’s duties due to any act or failure 4 to act by the employee that is in contravention of law, city 5 policies, or standard operating procedures, or that in the 6 judgment of the person or chief is sufficient to show that the 7 employee is unsuitable or unfit for employment . 8 Sec. 59. Section 400.20, Code 2017, is amended to read as 9 follows: 10 400.20 Appeal. 11 The suspension removal , discharge, demotion, or discharge 12 suspension of a person holding civil service rights may be 13 appealed to the civil service commission within fourteen 14 calendar days after the suspension removal , discharge, 15 demotion, or discharge suspension . 16 Sec. 60. Section 400.21, Code 2017, is amended to read as 17 follows: 18 400.21 Notice of appeal. 19 If the appeal be taken by the person suspended removed , 20 discharged, demoted, or discharged suspended , notice thereof, 21 signed by the appellant and specifying the ruling appealed 22 from, shall be filed with the clerk of commission; if by the 23 person making such suspension removal , discharge, demotion, or 24 discharge suspension , such notice shall also be served upon the 25 person suspended removed , discharged, demoted, or discharged 26 suspended . 27 Sec. 61. Section 400.22, Code 2017, is amended to read as 28 follows: 29 400.22 Charges. 30 Within fourteen calendar days from the service of the notice 31 of appeal, the person or body making the ruling appealed 32 from shall file with the body to which the appeal is taken a 33 written specification of the charges and grounds upon which the 34 ruling was based. If the charges are not filed, the person 35 -42- LSB 1725XS (2) 87 je/rj 42/ 68
S.F. 213 suspended or removed, discharged , demoted, or suspended may 1 present the matter to the body to whom the appeal is to be 2 taken by affidavit, setting forth the facts, and the body to 3 whom the appeal is to be taken shall immediately enter an 4 order reinstating the person suspended or removed, discharged , 5 demoted, or suspended for want of prosecution. 6 Sec. 62. Section 400.27, Code 2017, is amended to read as 7 follows: 8 400.27 Jurisdiction —— attorney —— appeal . 9 1. The civil service commission has jurisdiction to hear 10 and determine matters involving the rights of civil service 11 employees under this chapter , and may affirm, modify, or 12 reverse any case on its merits. 13 2. The city attorney or solicitor shall be the attorney 14 for the commission or when requested by the commission shall 15 present matters concerning civil service employees to the 16 commission, except the commission may hire a counselor or 17 an attorney on a per diem basis to represent it when in the 18 opinion of the commission there is a conflict of interest 19 between the commission and the city council. The counselor or 20 attorney hired by the commission shall not be the city attorney 21 or solicitor. The city shall pay the costs incurred by the 22 commission in employing an attorney under this section . 23 The city or any civil service employee shall have a right to 24 appeal to the district court from the final ruling or decision 25 of the civil service commission. The appeal shall be taken 26 within thirty days from the filing of the formal decision of 27 the commission. The district court of the county in which the 28 city is located shall have full jurisdiction of the appeal and 29 the said appeal shall be a trial de novo as an equitable action 30 in the district court. 31 The appeal to the district court shall be perfected by filing 32 a notice of appeal with the clerk of the district court within 33 the time prescribed in this section by serving notice of appeal 34 on the clerk of the civil service commission, from whose ruling 35 -43- LSB 1725XS (2) 87 je/rj 43/ 68
S.F. 213 or decision the appeal is taken. 1 In the event the ruling or decision appealed from is reversed 2 by the district court, the appellant, if it be an employee, 3 shall then be reinstated as of the date of the said suspension, 4 demotion, or discharge and shall be entitled to compensation 5 from the date of such suspension, demotion, or discharge. 6 Sec. 63. Section 400.28, Code 2017, is amended to read as 7 follows: 8 400.28 Employees —— number diminished. 9 1. When the public interest requires A city council may 10 implement a diminution of employees in a classification or 11 grade under civil service , the city council, acting in good 12 faith, may do either of the following: 13 a. Abolish the office and remove the employee from 14 the employee’s classification or grade thereunder . Such 15 a diminution shall be carried out in accordance with any 16 procedures provided in a collective bargaining agreement to 17 which a bargaining unit that has a majority of members who are 18 public safety employees as defined in section 20.3 is a party, 19 if applicable. 20 b. Reduce the number of employees in any classification or 21 grade by suspending the necessary number. 22 2. In case it thus becomes necessary to so remove or suspend 23 any such employees, the persons so removed or suspended shall 24 be those having seniority of the shortest duration in the 25 classifications or grades affected, and such seniority shall be 26 computed as provided in section 400.12 for all persons holding 27 seniority in the classification or grade affected, regardless 28 of their seniority in any other classification or grade, but 29 any such employee so removed from any classification or grade 30 shall revert to the employee’s seniority in the next lower 31 grade or classification; if such seniority is equal, then the 32 one less efficient and competent as determined by the person or 33 body having the appointing power shall be the one affected. 34 3. In case of removal or suspension, the civil service 35 -44- LSB 1725XS (2) 87 je/rj 44/ 68
S.F. 213 commission shall issue to each person affected one certificate 1 showing the person’s comparative seniority or length of service 2 in each of the classifications or grades from which the person 3 is so removed and the fact that the person has been honorably 4 removed. The certificate shall also list each classification 5 or grade in which the person was previously employed. The 6 person’s name shall be carried for a period of not less than 7 three years after the suspension or removal on a preferred list 8 and appointments or promotions made during that period to the 9 person’s former duties in the classification or grade shall 10 be made in the order of greater seniority from the preferred 11 lists. 12 Sec. 64. Section 411.1, subsection 14, Code 2017, is amended 13 to read as follows: 14 14. “Member in good standing” means a member in service who 15 is not subject to removal , discharge, demotion, or suspension 16 by the employing city of the member pursuant to section 400.18 17 or 400.19 , or other comparable process, and who is not the 18 subject of an investigation that could lead to such removal , 19 discharge, demotion, or suspension . Except as specifically 20 provided pursuant to section 411.9 , a person who is restored 21 to active service for purposes of applying for a pension under 22 this chapter is not a member in good standing. 23 Sec. 65. SENIORITY RIGHTS —— APPLICABILITY. On and after 24 the effective date of this division of this Act, any seniority 25 rights of city civil service employees, including but not 26 limited to seniority accrued, provided pursuant to section 27 400.12, Code 2017, that are not also provided pursuant to 28 section 400.12, as amended by this division of this Act, are 29 extinguished. 30 Sec. 66. EFFECTIVE UPON ENACTMENT. This division of this 31 Act, being deemed of immediate importance, takes effect upon 32 enactment. 33 DIVISION V 34 HEALTH INSURANCE MATTERS 35 -45- LSB 1725XS (2) 87 je/rj 45/ 68
S.F. 213 Sec. 67. NEW SECTION . 70A.41 Public employee health 1 insurance. 2 A public employer shall offer health insurance to all public 3 employees employed by the public employer. All costs of such 4 health insurance shall be determined as otherwise provided 5 by law. For purposes of this section, “public employer” and 6 “public employee” mean the same as defined in section 20.3. 7 Sec. 68. STATE AND REGENTS EMPLOYEE HEALTH INSURANCE —— 8 OPEN ENROLLMENT PERIOD. A thirty-day enrollment and change 9 period for health insurance coverage may be established and 10 administered for any employees of the state of Iowa, the state 11 board of regents, or an institution governed by the state board 12 of regents eligible to participate in a health insurance plan 13 offered by the state, state board, or institution pursuant to 14 chapter 509A, if the affected employees are provided written 15 notice of the period at least thirty days before the beginning 16 of the period and if the first day of such a period occurs in 17 calendar year 2017. 18 Sec. 69. EFFECTIVE UPON ENACTMENT. This division of this 19 Act, being deemed of immediate importance, takes effect upon 20 enactment. 21 EXPLANATION 22 The inclusion of this explanation does not constitute agreement with 23 the explanation’s substance by the members of the general assembly. 24 This bill relates to employment matters involving public 25 employees including collective bargaining, educator employment 26 matters, personnel records and settlement agreements, and city 27 civil service requirements. 28 DIVISION I —— PUBLIC EMPLOYEE COLLECTIVE BARGAINING. 29 This division makes a variety of changes to Code chapter 30 20, the public employment relations Act, as well as other 31 Code provisions relating to collective bargaining by public 32 employees. 33 SCOPE OF NEGOTIATIONS. The division makes changes to 34 mandatory and prohibited subjects which are negotiated through 35 -46- LSB 1725XS (2) 87 je/rj 46/ 68
S.F. 213 collective bargaining between public employers and public 1 employees under Code section 20.9. 2 Under current law, for negotiations regarding any public 3 employees, mandatory subjects of bargaining are wages, hours, 4 vacations, insurance, holidays, leaves of absence, shift 5 differentials, overtime compensation, supplemental pay, 6 seniority, transfer procedures, job classifications, health and 7 safety matters, evaluation procedures, procedures for staff 8 reduction, in-service training, terms authorizing dues checkoff 9 for members of employee organizations, grievance procedures 10 for resolving any questions arising under the agreement, and 11 other matters mutually agreed upon. Retirement systems are a 12 prohibited subject of bargaining. 13 The division provides that, for negotiations regarding a 14 bargaining unit with a majority of members who are public 15 safety employees, mandatory subjects of bargaining are wages, 16 hours, vacations, insurance, holidays, leaves of absence, 17 shift differentials, overtime compensation, supplemental pay, 18 seniority, transfer procedures, job classifications, health 19 and safety matters, evaluation procedures, procedures for 20 staff reduction, in-service training, grievance procedures 21 for resolving any questions arising under the agreement, and 22 other matters mutually agreed upon. The division provides 23 that, for negotiations regarding a bargaining unit that does 24 not have a majority of members who are public safety employees, 25 the mandatory subjects of bargaining are base wages and 26 other matters mutually agreed upon. Mandatory subjects of 27 negotiation specified in the division shall be interpreted 28 narrowly and restrictively. 29 The division provides that prohibited subjects of bargaining 30 for negotiations regarding any public employees are retirement 31 systems, dues checkoffs, and other payroll deductions for 32 political action committees or other political contributions or 33 political activities. The division provides that prohibited 34 subjects of bargaining negotiations regarding a bargaining unit 35 -47- LSB 1725XS (2) 87 je/rj 47/ 68
S.F. 213 that does not have a majority of members who are public safety 1 employees shall also include insurance, leaves of absence for 2 political activities, supplemental pay, transfer procedures, 3 evaluation procedures, procedures for staff reduction, release 4 time, subcontracting public services, grievance procedures 5 for resolving any questions arising under the agreement, and 6 seniority and any wage increase, employment benefit, or other 7 employment advantage based on seniority. 8 The division provides that the term of a collective 9 bargaining agreement entered into pursuant to Code chapter 20 10 shall not exceed five years. 11 The division defines “public safety employee” as a public 12 employee who is employed as a sheriff or a sheriff’s regular 13 deputy; a marshal or police officer of a city, township, or 14 special-purpose district or authority who is a member of a 15 paid police department; a member, except a non-peace officer 16 member, of the division of state patrol, narcotics enforcement, 17 state fire marshal, or criminal investigation, including but 18 not limited to a gaming enforcement officer, who has been duly 19 appointed by the department of public safety in accordance with 20 Code section 80.15; a conservation officer or park ranger as 21 authorized by Code section 456A.13; or a permanent or full-time 22 fire fighter of a city, township, or special-purpose district 23 or authority who is a member of a paid fire department. The 24 division defines “supplemental pay” as a payment of moneys 25 or other thing of value that is in addition to compensation 26 received pursuant to any other permitted subject of negotiation 27 specified in Code section 20.9 and is related to the employment 28 relationship. 29 ARBITRATION PROCEDURES. The division makes changes to the 30 procedures for arbitration of impasses in collective bargaining 31 between public employers and public employees under Code 32 section 20.22. 33 ARBITRATION FACTORS. The division modifies the factors that 34 an arbitrator is required to consider in addition to any other 35 -48- LSB 1725XS (2) 87 je/rj 48/ 68
S.F. 213 relevant factors in making a final determination on an impasse 1 item. 2 The division requires an arbitrator to specifically 3 address in the arbitrator’s final determination on an impasse 4 item the factors considered by the arbitrator in making the 5 determination. 6 ARBITRATION FACTORS —— PUBLIC SAFETY EMPLOYEES. Under the 7 division, an arbitrator in an arbitration to which a bargaining 8 unit that has a majority of members who are public safety 9 employees is a party is required to consider past collective 10 bargaining contracts between the parties including the 11 bargaining that led up to such contracts. 12 The arbitrator is required to consider a comparison of 13 wages, hours, and conditions of employment of the involved 14 public employees with those of other public employees doing 15 comparable work,