House File 495 - Introduced HOUSE FILE 495 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO HSB 146) A BILL FOR An Act relating to investigations conducted by the office of 1 ombudsman. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1162HV (2) 90 ec/rn
H.F. 495 Section 1. Section 2C.11A, Code 2023, is amended to read as 1 follows: 2 2C.11A Subjects for investigations —— disclosures of 3 information. 4 The office of ombudsman shall investigate or, only if the 5 employee is represented by counsel in the matter, decline to 6 investigate a complaint filed by an employee who is not a 7 merit system employee or an employee covered by a collective 8 bargaining agreement and who alleges that adverse employment 9 action has been taken against the employee in violation of 10 section 70A.28, subsection 2 . A complaint filed pursuant 11 to this section shall be made within thirty calendar days 12 following the effective date of the adverse employment action. 13 The ombudsman shall investigate review the matter and shall , 14 in writing to the employee, either decline to investigate the 15 matter or issue findings following an investigation relative 16 to the complaint in an expeditious manner. The ombudsman’s 17 findings following an investigation shall also be provided to 18 the agency or officer who is the subject of the allegations. 19 Sec. 2. Section 70A.28, subsection 6, Code 2023, is amended 20 to read as follows: 21 6. Subsection 2 may also be enforced by an employee through 22 an administrative action pursuant to the requirements of this 23 subsection if the employee is not a merit system employee or 24 an employee covered by a collective bargaining agreement. An 25 employee eligible to pursue an administrative action pursuant 26 to this subsection who is discharged, suspended, demoted, 27 or otherwise receives a reduction in pay and who believes 28 the adverse employment action was taken as a result of the 29 employee’s disclosure of information that was authorized 30 pursuant to subsection 2 , may file an appeal of the adverse 31 employment action with the public employment relations 32 board within thirty calendar days following the later of the 33 effective date of the action or the date a finding or written 34 decision declining to investigate is issued to the employee 35 -1- LSB 1162HV (2) 90 ec/rn 1/ 2
H.F. 495 by the office of ombudsman pursuant to section 2C.11A . The 1 findings issued by the ombudsman may be introduced as evidence 2 before the public employment relations board. The employee has 3 the right to a hearing closed to the public, but may request a 4 public hearing. The hearing shall otherwise be conducted in 5 accordance with the rules of the public employment relations 6 board and the Iowa administrative procedure Act, chapter 17A . 7 If the public employment relations board finds that the action 8 taken in regard to the employee was in violation of subsection 9 2 , the employee may be reinstated without loss of pay or 10 benefits for the elapsed period, or the public employment 11 relations board may provide other appropriate remedies. 12 Decisions by the public employment relations board constitute 13 final agency action. 14 EXPLANATION 15 The inclusion of this explanation does not constitute agreement with 16 the explanation’s substance by the members of the general assembly. 17 This bill concerns investigations conducted by the office 18 of ombudsman. 19 Code section 2C.11A, concerning certain whistleblower 20 complaints filed by an employee that are subject to 21 investigation by the office of ombudsman, is amended to provide 22 that the office of ombudsman may, in writing to the employee, 23 decline to investigate the complaint if the employee is 24 represented by counsel in the matter. The bill also provides 25 that if findings are issued following an investigation, the 26 findings shall also be provided to the agency or officer who 27 is the subject of the allegations. Code section 70A.28, 28 concerning whistleblower complaints, is amended to conform to 29 the changes made to Code section 2C.11A. 30 -2- LSB 1162HV (2) 90 ec/rn 2/ 2