House Study Bill 661 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON VETERANS AFFAIRS BILL BY CHAIRPERSON SALMON) A BILL FOR An Act relating to employment protections for state employees 1 who are veterans. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5824YC (2) 89 dg/rn

H.F. _____ Section 1. Section 35C.6, Code 2022, is amended by striking 1 the section and inserting in lieu thereof the following: 2 35C.6 Removal —— certiorari —— judicial review. 3 1. For the purposes of this section: 4 a. “Aggravated misconduct” means repeated misconduct a 5 person knows will likely cause harm but the person, after being 6 given a warning and reasonable opportunity to correct the 7 person’s actions, willfully continues the conduct, or an act 8 with readily apparent, serious, and harmful consequences that 9 would deter a reasonable person in similar circumstances from 10 committing that act. 11 b. “Removal authority” means an official of an entity that 12 determines whether or not to remove a veteran at a pre-removal 13 hearing. 14 2. A veteran holding a public position by appointment or 15 employment shall not be removed from the position except upon a 16 finding of incompetency or aggravated misconduct. 17 3. a. A removal of a veteran is not valid unless, prior to 18 the removal, the veteran’s employer completes an investigation 19 into the alleged incompetency or aggravated misconduct, gives 20 written notice to the veteran of each charge of incompetency or 21 aggravated misconduct and, at a pre-removal hearing held within 22 a reasonable amount of time, a removal authority finds the 23 veteran is incompetent or has committed aggravated misconduct 24 and should be removed. 25 b. A notice given to a veteran pursuant to paragraph “a” 26 shall include the specific facts alleged to support each count 27 of incompetence or aggravated misconduct, the date, time, and 28 location of the veteran’s pre-removal hearing, the name and 29 contact information for the removal authority, and a statement 30 that the veteran has the right to a review of a removal 31 authority’s decision by a writ of certiorari or judicial review 32 in accordance with chapter 17A. 33 c. If a removal authority has determined a veteran should 34 be removed due to incompetence or aggravated misconduct, 35 -1- LSB 5824YC (2) 89 dg/rn 1/ 5

H.F. _____ the removal authority shall provide the veteran written 1 notification of the decision, the findings and rationale in 2 support of the decision, and the veteran’s right to a review 3 of the decision by a writ of certiorari or judicial review in 4 accordance with chapter 17A, as applicable. 5 d. A writ of certiorari or petition filed pursuant to this 6 subsection shall be filed within three hundred days of the 7 veteran’s receipt of notice of the veteran’s removal from the 8 removal authority. 9 4. a. Unless extended by consent of the parties to a 10 pre-removal hearing or for good cause, within thirty days of 11 receiving notice of a removed veteran’s writ of certiorari or 12 petition for judicial review, a removal authority shall file 13 all of the following materials with the clerk of court: 14 (1) A certified transcript of the pre-removal hearing and 15 recorded investigatory interviews. 16 (2) Any transcripts, reports, and other materials created 17 as part of an investigation into alleged incompetency or 18 aggravated misconduct. 19 (3) Any audio or video recordings created in relation to the 20 veteran’s removal. 21 (4) The administrative record or return to the writ related 22 to the removal. 23 b. Upon a showing of good cause, a court shall seal 24 materials submitted pursuant to paragraph “a” that the court 25 determines to be confidential in nature, including but not 26 limited to documents relating to a person’s medical history 27 or health, financial information, and personal identifying 28 information. 29 5. Upon a court or administrative law judge finding that 30 a veteran has been removed in violation of this section, the 31 court or administrative law judge shall award the removed 32 veteran reimbursement for lost wages and benefits and order 33 the reinstatement of the veteran, if requested, and may award 34 equitable relief, injunctive relief, and reasonable attorney 35 -2- LSB 5824YC (2) 89 dg/rn 2/ 5

H.F. _____ fees. 1 Sec. 2. Section 35C.7, Code 2022, is amended to read as 2 follows: 3 35C.7 Burden of proof. 4 The burden of proving incompetency or aggravated misconduct 5 as defined in section 35C.6 shall rest upon the party alleging 6 the same. 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 relates to employment protections for state 11 employees who are veterans. 12 The bill defines “aggravated misconduct” as repeated 13 misconduct a person knows will likely cause harm but the 14 person, after being given a warning and reasonable opportunity 15 to correct the person’s actions, willfully continues the 16 conduct, or an act with readily apparent, serious, and harmful 17 consequences that would deter a reasonable person in similar 18 circumstances from committing that act. 19 The bill defines “removal authority” as an official of 20 an entity that determines whether or not to remove a veteran 21 at a pre-removal hearing. The bill prohibits a veteran from 22 being removed from a public position to which the veteran was 23 appointed or employed except upon a finding of incompetency or 24 aggravated misconduct. 25 The bill provides that a removal of a veteran is not valid 26 unless, prior to the removal, the veteran’s employer completes 27 an investigation into the alleged incompetency or aggravated 28 misconduct, gives written notice to the veteran of each charge 29 of incompetency or aggravated misconduct and, at a pre-removal 30 hearing held within a reasonable amount of time, a removal 31 authority finds the veteran is incompetent or has committed 32 aggravated misconduct and should be removed. 33 The bill requires employer notice to a veteran to include the 34 specific facts alleged to support each count of incompetence 35 -3- LSB 5824YC (2) 89 dg/rn 3/ 5

H.F. _____ or aggravated misconduct, the date, time, and location of the 1 veteran’s pre-removal hearing, the name and contact information 2 for the removal authority, and a statement that the veteran has 3 the right to a review of a removal authority’s decision by a 4 writ of certiorari or judicial review. A writ of certiorari 5 or petition shall be filed within 300 days of the veteran’s 6 receipt of notice of the veteran’s removal from the removal 7 authority. 8 The bill requires a removal authority that determines 9 a veteran should be removed due to incompetence or having 10 committed aggravated misconduct, to provide the veteran written 11 notification of the decision, the findings in support of the 12 decision, and the veteran’s right to a review of the decision 13 by a writ of certiorari or judicial review. 14 The bill provides that, unless extended by consent 15 of parties to a pre-removal hearing or for good cause, 16 within 30 days of receiving notice of a removed veteran’s 17 writ of certiorari or petition for judicial review, a 18 removal authority shall file a certified transcript of the 19 pre-removal hearing and recorded investigatory interviews; 20 any transcripts, reports, and other materials created as part 21 of an investigation into alleged incompetency or aggravated 22 misconduct; any audio or video recordings created in relation 23 to the veteran’s removal; and the administrative record or 24 return to the writ related to the removal with the clerk of 25 court. The bill also requires that, upon a showing of good 26 cause, a court shall seal submitted materials that the court 27 determines to be confidential in nature, including but not 28 limited to documents relating to a person’s medical history 29 or health, financial information, and personal identifying 30 information. 31 The bill requires a court or administrative law judge that 32 finds a veteran has been improperly removed to award the 33 removed veteran reimbursement for lost wages and benefits and 34 order the reinstatement of the veteran, if requested, and may 35 -4- LSB 5824YC (2) 89 dg/rn 4/ 5

H.F. _____ award equitable relief, injunctive relief, and reasonable 1 attorney fees. 2 The bill makes a conforming change to Code section 35C.7 3 (burden of proof). 4 -5- LSB 5824YC (2) 89 dg/rn 5/ 5