SF 346 (LSB 2666XS (1) 91)

SENATE FILE 346

BY  TRONE GARRIOTT

A BILL FOR

An Act relating to procedures for grievances under the merit system for state employees.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 8A.415, subsection 1, paragraph a, Code 2025, is amended to read as follows:
   a.  An employee, except an employee covered by a collective bargaining agreement which provides otherwise, who has exhausted the available agency steps in the uniform grievance procedure provided for in the department rules may, within seven calendar days following the date a decision was received or should have been received at the second step of the grievance procedure, file the grievance at the third step with the director. The director shall respond within thirty calendar days following receipt of the third step grievance.  The director shall include in the response a description of each interview carried out by the department relating to the grievance, the results of such interviews, and the justification for the director’s decision regarding the grievance.
    Sec. 2.  Section 8A.415, subsection 2, paragraph a, Code 2025, is amended to read as follows:
   a.  A merit system employee, except an employee covered by a collective bargaining agreement, who is discharged, suspended, demoted, or otherwise receives a reduction in pay, except during the employee’s probationary period, may bypass steps one and two of the grievance procedure and appeal the disciplinary action to the director within seven calendar days following the effective date of the action. The director shall respond within thirty calendar days following receipt of the appeal.  The director shall include in the response a description of each interview carried out by the department relating to the disciplinary action, the results of such interviews, and the justification for the director’s decision regarding the disciplinary action.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Under current law, the department of administrative services establishes a multistep uniform grievance procedure for employees subject to the state merit system. Such an employee who has exhausted the available agency steps in the uniform grievance procedure may, following receipt of a decision at the second step of the grievance procedure, file the grievance at the third step of the grievance procedure with the director of the department. The director must respond within 30 days following receipt of the third step grievance. A similar process is provided for disciplinary action such as discharge, suspension, or demotion.
   This bill requires the director to include in the response a description of each interview carried out by the department relating to the grievance or disciplinary action, the results of such interviews, and the justification for the director’s decision regarding the grievance or disciplinary action.