House
File
2462
-
Reprinted
HOUSE
FILE
2462
BY
COMMITTEE
ON
GOVERNMENT
OVERSIGHT
(SUCCESSOR
TO
HSB
684)
(As
Amended
and
Passed
by
the
House
April
7,
2014
)
A
BILL
FOR
An
Act
concerning
public
employee
bonuses,
personnel
settlement
1
agreements
and
disciplinary
actions,
and
including
effective
2
date
and
retroactive
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
22.7,
subsection
11,
paragraph
a,
1
subparagraph
(5),
Code
2014,
is
amended
to
read
as
follows:
2
(5)
The
fact
that
the
individual
resigned
in
lieu
of
3
termination,
was
discharged
,
or
was
demoted
as
the
result
4
of
a
final
disciplinary
action
upon
the
exhaustion
of
all
5
applicable
contractual,
legal,
and
statutory
remedies
,
and
the
6
documented
reasons
and
rationale
for
the
resignation
in
lieu
7
of
termination,
the
discharge,
or
the
demotion
.
For
purposes
8
of
this
subparagraph,
“demoted”
and
“demotion”
mean
a
change
9
of
an
employee
from
a
position
in
a
given
classification
to
a
10
position
in
a
classification
having
a
lower
pay
grade.
11
Sec.
2.
NEW
SECTION
.
22.13A
Personnel
settlement
agreements
12
——
state
employees
——
confidentiality
——
disclosure.
13
1.
For
purposes
of
this
section:
14
a.
“Personnel
settlement
agreement”
means
a
binding
legal
15
agreement
between
a
state
employee
and
the
state
employee’s
16
employer,
subject
to
section
22.13,
to
resolve
a
personnel
17
dispute
including
but
not
limited
to
a
grievance.
“Personnel
18
settlement
agreement”
does
not
include
an
initial
decision
by
a
19
state
employee’s
immediate
supervisor
concerning
a
personnel
20
dispute
or
grievance.
21
b.
“State
employee”
means
an
employee
of
the
state
who
is
22
an
employee
of
the
executive
branch
as
described
in
sections
23
7E.2
and
7E.5.
24
2.
Personnel
settlement
agreements
shall
not
contain
any
25
confidentiality
or
nondisclosure
provision
that
attempts
to
26
prevent
the
disclosure
of
the
personnel
settlement
agreement.
27
In
addition,
any
confidentiality
or
nondisclosure
provision
in
28
a
personnel
settlement
agreement
is
void
and
unenforceable.
29
3.
The
requirements
of
this
section
shall
not
be
superseded
30
by
any
provision
of
a
collective
bargaining
agreement.
31
4.
All
personnel
settlement
agreements
shall
be
made
easily
32
accessible
to
the
public
on
an
internet
site
maintained
as
33
follows:
34
a.
For
personnel
settlement
agreements
with
an
employee
of
35
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H.F.
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the
executive
branch,
excluding
an
employee
of
the
state
board
1
of
regents
or
institution
under
the
control
of
the
state
board
2
of
regents,
by
the
department
of
administrative
services.
3
b.
For
personnel
settlement
agreements
with
an
employee
of
4
the
state
board
of
regents
or
institution
under
the
control
of
5
the
state
board
of
regents,
by
the
state
board
of
regents.
6
Sec.
3.
NEW
SECTION
.
22.13B
Executive
branch
bonuses
——
7
disclosure.
8
1.
For
purposes
of
this
section:
9
a.
“Bonus
pay”
means
any
additional
remuneration
provided
an
10
employee
in
the
form
of
a
bonus,
including
but
not
limited
to
a
11
retention
bonus,
recruitment
bonus,
exceptional
job
performance
12
pay,
extraordinary
job
performance
pay,
exceptional
performance
13
pay,
extraordinary
duty
pay,
or
extraordinary
or
special
duty
14
pay,
and
any
extra
benefit
not
otherwise
provided
to
other
15
similarly
situated
employees.
16
b.
“Executive
branch
employee”
means
an
employee
of
the
17
executive
branch
of
state
government,
which
includes
any
18
unit
of
state
government,
including
but
not
limited
to
an
19
authority,
board,
commission,
committee,
council,
department,
20
or
independent
agency
as
defined
in
section
7E.4,
and
each
21
principal
central
department
enumerated
in
section
7E.5;
22
the
office
of
the
governor;
and
the
office
of
an
elective
23
constitutional
or
statutory
officer.
24
2.
A
decision
to
provide
bonus
pay
to
an
executive
branch
25
employee,
including
the
amount
paid
and
the
documented
reasons
26
and
rationale
for
the
bonus
paid,
shall
be
a
public
record.
27
3.
All
decisions
to
provide
bonus
pay
to
an
executive
branch
28
employee,
including
information
described
in
subsection
2,
29
shall
be
made
easily
accessible
to
the
public
on
an
internet
30
site
maintained
as
follows:
31
a.
For
decisions
to
provide
bonus
pay
to
an
employee
of
the
32
executive
branch,
excluding
an
employee
of
the
state
board
of
33
regents
or
institution
under
the
control
of
the
state
board
of
34
regents,
by
the
department
of
administrative
services.
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b.
For
decisions
to
provide
bonus
pay
to
an
employee
of
the
1
state
board
of
regents
or
institution
under
the
control
of
the
2
state
board
of
regents,
by
the
state
board
of
regents.
3
Sec.
4.
IMPLEMENTATION
PROVISION.
This
Act
shall
not
be
4
construed
to
limit
or
impair
the
ability
of
law
enforcement
5
personnel
to
investigate
any
activity
that
may
violate
the
laws
6
of
the
state.
7
Sec.
5.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
of
8
immediate
importance,
takes
effect
upon
enactment.
9
Sec.
6.
RETROACTIVE
APPLICABILITY.
The
following
provision
10
of
this
Act
applies
retroactively
to
January
1,
2004:
11
1.
The
section
of
this
Act
amending
section
22.7,
subsection
12
11.
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