Senate File 64 - Introduced SENATE FILE 64 BY PETERSEN A BILL FOR An Act concerning department of administrative services’ 1 procedures regarding the designation of individuals as 2 ineligible for state employment and the public solicitation 3 of individuals to fill certain state employment vacancies. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1598XS (3) 87 ec/rj

S.F. 64 Section 1. NEW SECTION . 8A.403 State agency employment —— 1 designation-of-ineligibility procedures. 2 1. The department shall only designate an individual 3 as ineligible to apply for; to be considered, referred, or 4 approved for; or to be appointed to employment by a state 5 agency for any of the following reasons: 6 a. The individual has knowingly misrepresented facts when 7 submitting information relating to an application, examination, 8 certification, appeal, or any other facet of the selection 9 process for employment by a state agency. 10 b. The individual has used or attempted to use coercion, 11 bribery, or other illegal means to secure an advantage in the 12 application, examination, appeal, or selection process for 13 employment by a state agency. 14 c. The individual has been convicted of a crime that is 15 shown to have a direct relationship to the duties of the 16 job class or position for which the individual wishes to be 17 considered. 18 d. The individual is proven to be an unrehabilitated 19 substance abuser who would be unable to perform the duties of 20 the job class or position for which the individual wishes to be 21 considered or who would constitute a threat to state property 22 or to the safety of others. 23 e. The individual is not a United States citizen and 24 does not have a valid permit to work in the United States 25 under regulations issued by the United States citizenship and 26 immigration services. 27 f. The individual was terminated from employment by a state 28 agency for creating a hostile work environment. 29 2. The department shall do all of the following upon making 30 a determination that an individual is ineligible for employment 31 as provided in subsection 1: 32 a. Notify the individual in writing within five working 33 days following the designation of ineligibility and the extent 34 of the individual’s ineligibility for employment by a state 35 -1- LSB 1598XS (3) 87 ec/rj 1/ 4

S.F. 64 agency. The notification shall include information on the 1 process for an individual to appeal, remove, or modify the 2 designation of ineligibility. 3 b. Maintain documentation of the designation of 4 ineligibility, the extent of the individual’s ineligibility 5 for employment by a state agency, proof of notification of 6 the individual, and any information concerning any appeals 7 regarding the designation. 8 c. Upon request by an individual determined to be 9 ineligible, review whether the designation of ineligibility of 10 the individual should be removed or modified and to notify the 11 individual, in writing, if the designation of ineligibility is 12 removed or modified. 13 3. An individual designated as ineligible for employment 14 as provided by this section may file a written appeal to the 15 employment appeal board in the department of inspections and 16 appeals for a review of that designation. The written appeal 17 must be filed with the board within sixty days following the 18 notice of initial designation of ineligibility. The department 19 shall also establish a procedure for an individual, following 20 the time for filing an appeal, to apply to the department for 21 removal or modification of a designation of ineligibility. 22 4. The department shall adopt rules pursuant to chapter 17A 23 to administer this section. 24 Sec. 2. NEW SECTION . 8A.404 Hiring procedures —— nonmerit 25 system positions. 26 The department shall establish procedures providing for the 27 hiring of employees by a state agency to positions that are not 28 covered by the merit system. The procedures shall provide for 29 the public announcement of vacancies by the state agency at 30 least ten days in advance of the date fixed for the filing of 31 applications for the vacancies and shall provide for the public 32 advertisement of the vacancies through the communications 33 media. 34 Sec. 3. DESIGNATION OF INELIGIBILITY —— NOTIFICATION 35 -2- LSB 1598XS (3) 87 ec/rj 2/ 4

S.F. 64 REQUIREMENTS. Individuals designated as ineligible to apply 1 for; to be considered, referred, or approved for; or to 2 be appointed to employment by a state agency, prior to the 3 effective date of this Act, shall be notified, in writing, by 4 the department of administrative services that they have been 5 designated as ineligible and of their rights relative to that 6 designation as provided in this Act. 7 EXPLANATION 8 The inclusion of this explanation does not constitute agreement with 9 the explanation’s substance by the members of the general assembly. 10 This bill concerns procedures of the department of 11 administrative services relating to state employee hiring. 12 New Code section 8A.403 requires the department of 13 administrative services to establish procedures for designating 14 an individual as ineligible to apply for or to be considered or 15 approved for or appointed to employment with a state agency. 16 The bill describes the permissible reasons for designating 17 an individual as ineligible, provides for notice to the 18 individual within five working days following the designation 19 of ineligibility, and requires that documentation of the 20 designation be maintained by the department of administrative 21 services. 22 The bill provides for the ability of an individual to 23 appeal the designation of ineligibility and for the ability 24 of the individual to request that the department review 25 the designation of ineligibility to consider removal or 26 modification of the designation. 27 The bill also provides that individuals designated as 28 ineligible as of the effective date of the bill be notified 29 of this designation by the department in writing and of their 30 rights under the bill. 31 New Code section 8A.404 requires the department of 32 administrative services to establish procedures for the hiring 33 of employees by a state agency to positions not covered by 34 the merit system. The procedures shall provide for public 35 -3- LSB 1598XS (3) 87 ec/rj 3/ 4

S.F. 64 announcement and advertisement of vacancies. 1 -4- LSB 1598XS (3) 87 ec/rj 4/ 4