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Senate File 176 - IntroducedA Bill ForAn Act 1concerning employment matters involving public employees
2including collective bargaining, educator employment
3matters, personnel records and settlement agreements, city
4civil service requirements, and health insurance matters,
5and including effective date, applicability, and transition
6provisions.
7BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2PUBLIC EMPLOYEE COLLECTIVE BARGAINING
3 Section 1. Section 20.3, subsections 11 and 13, Code 2019,
4are amended by striking the subsections.
5 Sec. 2. Section 20.6, subsection 1, Code 2019, is amended
6to read as follows:
71. Administer Interpret, apply, and administer the
8provisions of this chapter.
9 Sec. 3. Section 20.6, subsections 6 and 7, Code 2019, are
10amended by striking the subsections.
11 Sec. 4. Section 20.7, subsection 2, Code 2019, is amended
12to read as follows:
132. Hire, evaluate, promote, demote, transfer, assign, and
14retain public employees in positions within the public agency.
15 Sec. 5. Section 20.8, subsection 5, Code 2019, is amended by
16striking the subsection.
17 Sec. 6. Section 20.9, Code 2019, is amended by striking the
18section and inserting in lieu thereof the following:
1920.9 Scope of negotiations.
201. The public employer and the employee organization
21shall meet at reasonable times, including meetings reasonably
22in advance of the public employer’s budget-making process,
23to negotiate in good faith with respect to wages, hours,
24vacations, insurance, holidays, leaves of absence, shift
25differentials, overtime compensation, supplemental pay,
26seniority, transfer procedures, job classifications, health and
27safety matters, evaluation procedures, procedures for staff
28reduction, in-service training, and other matters mutually
29agreed upon. Negotiations shall also include terms authorizing
30dues checkoff for members of the employee organization and
31grievance procedures for resolving any questions arising under
32the agreement, which shall be embodied in a written agreement
33and signed by the parties. If an agreement provides for dues
34checkoff, a member’s dues may be checked off only upon the
35member’s written request and the member may terminate the dues
-1-1checkoff at any time by giving thirty days’ written notice.
2Such obligation to negotiate in good faith does not compel
3either party to agree to a proposal or make a concession.
42. Nothing in this section shall diminish the authority
5and power of the department of administrative services, board
6of regents’ merit system, Iowa public broadcasting board’s
7merit system, or any civil service commission established by
8constitutional provision, statute, charter, or special act to
9recruit employees, prepare, conduct and grade examinations,
10rate candidates in order of their relative scores for
11certification for appointment or promotion or for other matters
12of classification, reclassification or appeal rights in the
13classified service of the public employer served.
143. All retirement systems shall be excluded from the scope
15of negotiations.
16 Sec. 7. Section 20.10, subsection 3, paragraph j, Code 2019,
17is amended by striking the paragraph.
18 Sec. 8. Section 20.12, subsection 5, Code 2019, is amended
19to read as follows:
205. If an employee organization or any of its officers
21is held to be in contempt of court for failure to comply
22with an injunction pursuant to this section, or is convicted
23of violating this section, the employee organization shall
24be immediately decertified, shall cease to represent the
25bargaining unit, shall cease to receive any dues by checkoff,
26 and may again be certified only after twenty-four twelve months
27have elapsed from the effective date of decertification and
28only if after a new petition for certification pursuant to
29 compliance with section 20.14 is filed and a new certification
30election pursuant to section 20.15 is held. The penalties
31provided in this section may be suspended or modified by the
32court, but only upon request of the public employer and only
33if the court determines the suspension or modification is in
34the public interest.
35 Sec. 9. Section 20.15, Code 2019, is amended by striking the
-2-1section and inserting in lieu thereof the following:
220.15 Elections.
31. Upon the filing of a petition for certification of an
4employee organization, the board shall submit a question to
5the public employees at an election in the bargaining unit
6found appropriate by the board. The question on the ballot
7shall permit the public employees to vote for no bargaining
8representation or for any employee organization which has
9petitioned for certification or which has presented proof
10satisfactory to the board of support of ten percent or more of
11the public employees in the appropriate unit.
122. If a majority of the votes cast on the question is
13for no bargaining representation, the public employees in
14the bargaining unit found appropriate by the board shall not
15be represented by an employee organization. If a majority
16of the votes cast on the question is for a listed employee
17organization, then that employee organization shall represent
18the public employees in the bargaining unit found appropriate
19by the board.
203. If none of the choices on the ballot receive the vote
21of a majority of the public employees voting, the board shall
22conduct a runoff election among the two choices receiving the
23greatest number of votes.
244. Upon written objections filed by any party to the
25election within ten days after notice of the results of
26the election, if the board finds that misconduct or other
27circumstances prevented the public employees eligible to
28vote from freely expressing their preferences, the board may
29invalidate the election and hold a second election for the
30public employees.
315. Upon completion of a valid election in which the majority
32choice of the employees voting is determined, the board shall
33certify the results of the election and shall give reasonable
34notice of the order to all employee organizations listed on the
35ballot, the public employers, and the public employees in the
-3-1appropriate bargaining unit.
26. a. A petition for certification as exclusive bargaining
3representative of a bargaining unit shall not be considered
4by the board for a period of one year from the date of the
5noncertification of an employee organization as the exclusive
6bargaining representative of that bargaining unit following a
7certification election. A petition for certification as the
8exclusive bargaining representative of a bargaining unit shall
9also not be considered by the board if the bargaining unit is
10at that time represented by a certified exclusive bargaining
11representative.
12b. A petition for the decertification of the exclusive
13bargaining representative of a bargaining unit shall not be
14considered by the board for a period of one year from the date
15of its certification, or within one year of its continued
16certification following a decertification election, or during
17the duration of a collective bargaining agreement which, for
18purposes of this section, shall be deemed not to exceed two
19years. However, if a petition for decertification is filed
20during the duration of a collective bargaining agreement, the
21board shall award an election under this section not more than
22one hundred eighty days and not less than one hundred fifty
23days prior to the expiration of the collective bargaining
24agreement. If an employee organization is decertified, the
25board may receive petitions under section 20.14, provided that
26no such petition and no election conducted pursuant to such
27petition within one year from decertification shall include as
28a party the decertified employee organization.
29c. A collective bargaining agreement with the state, its
30boards, commissions, departments, and agencies shall be for two
31years. The provisions of a collective bargaining agreement or
32arbitrator’s award affecting state employees shall not provide
33for renegotiations which would require the refinancing of
34salary and fringe benefits for the second year of the term of
35the agreement, except as provided in section 20.17, subsection
-4-16. The effective date of any such agreement shall be July 1 of
2odd-numbered years, provided that if an exclusive bargaining
3representative is certified on a date which will prevent the
4negotiation of a collective bargaining agreement prior to
5July 1 of odd-numbered years for a period of two years, the
6certified collective bargaining representative may negotiate
7a one-year contract with the public employer which shall be
8effective from July 1 of the even-numbered year to July 1
9of the succeeding odd-numbered year when new contracts shall
10become effective.
11 Sec. 10. Section 20.17, subsection 8, Code 2019, is amended
12by striking the subsection and inserting in lieu thereof the
13following:
148. The salaries of all public employees of the state under
15a merit system and all other fringe benefits which are granted
16to all public employees of the state shall be negotiated with
17the governor or the governor’s designee on a statewide basis,
18except those benefits which are not subject to negotiations
19pursuant to the provisions of section 20.9.
20 Sec. 11. Section 20.17, Code 2019, is amended by adding the
21following new subsection:
22 NEW SUBSECTION. 8A. A public employee or any employee
23organization shall not negotiate or attempt to negotiate
24directly with a member of the governing board of a public
25employer if the public employer has appointed or authorized
26a bargaining representative for the purpose of bargaining
27with the public employees or their representative, unless the
28member of the governing board is the designated bargaining
29representative of the public employer.
30 Sec. 12. Section 20.22, subsections 2, 3, 7, 9, and 10, Code
312019, are amended to read as follows:
322. Each party shall serve its final offer on each of
33the impasse items upon the other party within four days of
34the board’s receipt of the request for arbitration, or by a
35deadline otherwise agreed upon by the parties. The parties may
-5-1continue to negotiate all offers until an agreement is reached
2or an award is rendered by the arbitrator. The full costs of
3arbitration under this section shall be shared equally by the
4parties to the dispute.
53. The submission of the impasse items to the arbitrator
6shall be limited to those items upon which the parties have
7not reached agreement. With respect to each such item, the
8arbitrator’s award shall be restricted to the final offers on
9each impasse item submitted by the parties to the arbitrator,
10except as provided in subsection 10, paragraph “b”.
117. For an arbitration involving a bargaining unit that
12has at least thirty percent of members who are public safety
13employees, the The arbitrator shall consider and specifically
14address in the arbitrator’s determination, in addition to any
15other relevant factors, the following factors:
16a. Past collective bargaining contracts between the parties
17including the bargaining that led up to such contracts.
18b. Comparison of wages, hours, and conditions of employment
19of the involved public employees with those of other public
20employees doing comparable work, giving consideration to
21factors peculiar to the area and the classifications involved.
22c. The interests and welfare of the public, the ability of
23the public employer to finance economic adjustments, and the
24effect of such adjustments on the normal standard of services.
25d. The power of the public employer to levy taxes and
26appropriate funds for the conduct of its operations.
279. a. The arbitrator may administer oaths, examine
28witnesses and documents, take testimony and receive evidence,
29and issue subpoenas to compel the attendance of witnesses and
30the production of records. The arbitrator may petition the
31district court at the seat of government or of the county
32in which the hearing is held to enforce the order of the
33arbitrator compelling the attendance of witnesses and the
34production of records.
35b. Except as required for purposes of the consideration of
-6-1the factors specified in subsection 7, paragraphs “a” through
2“c”, and subsection 8, paragraph “a”, subparagraphs (1) through
3(3), the parties shall not introduce, and the arbitrator
4shall not accept or consider, any direct or indirect evidence
5regarding any subject excluded from negotiations pursuant to
6section 20.9.
710. a. The arbitrator shall select within fifteen
8days after the hearing the most reasonable offer, in the
9arbitrator’s judgment, of the final offers on each impasse item
10submitted by the parties.
11b. (1) However, for an arbitration involving a bargaining
12unit that does not have at least thirty percent of members who
13are public safety employees, with respect to any increase in
14base wages, the arbitrator’s award shall not exceed the lesser
15of the following percentages in any one-year period in the
16duration of the bargaining agreement:
17(a) Three percent.
18(b) A percentage equal to the increase in the consumer
19price index for all urban consumers for the midwest region,
20if any, as determined by the United States department of
21labor, bureau of labor statistics, or a successor index. Such
22percentage shall be the change in the consumer price index
23for the twelve-month period beginning eighteen months prior
24to the month in which the impasse item regarding base wages
25was submitted to the arbitrator and ending six months prior to
26the month in which the impasse item regarding base wages was
27submitted to the arbitrator.
28(2) To assist the parties in the preparation of their final
29offers on an impasse item regarding base wages, the board
30shall provide information to the parties regarding the change
31in the consumer price index for all urban consumers for the
32midwest region for any twelve-month period. The department of
33workforce development shall assist the board in preparing such
34information upon request.
35 Sec. 13. Section 20.22, subsection 8, Code 2019, is amended
-7-1by striking the subsection.
2 Sec. 14. Section 20.26, subsection 4, Code 2019, is amended
3to read as follows:
44. Nothing in this section shall be construed to prohibit
5voluntary contributions by individuals to political parties
6or candidates, provided that such contributions are not made
7through payroll deductions.
8 Sec. 15. Section 20.29, Code 2019, is amended to read as
9follows:
1020.29 Filing agreement — public access — internet site.
111. Collective bargaining agreements shall be in writing and
12shall be signed by the parties.
132. A copy of a collective bargaining agreement entered into
14between a public employer and a certified employee organization
15and made final under this chapter shall be filed with the board
16by the public employer within ten days of the date on which the
17agreement is entered into.
183. Copies of collective bargaining agreements entered
19into between the state and the state employees’ bargaining
20representatives and made final under this chapter shall be
21filed with the secretary of state and be made available to the
22public at cost.
234. The board shall maintain an internet site that allows
24searchable access to a database of collective bargaining
25agreements and other collective bargaining information.
26 Sec. 16. Section 20.30, Code 2019, is amended by striking
27the section and inserting in lieu thereof the following:
2820.30 Supervisory member — no reduction before retirement.
29A supervisory member of any department or agency employed by
30the state of Iowa shall not be granted a voluntary reduction to
31a nonsupervisory rank or grade during the six months preceding
32retirement of the member. A member of any department or agency
33employed by the state of Iowa who retires in less than six
34months after voluntarily requesting and receiving a reduction
35in rank or grade from a supervisory to a nonsupervisory
-8-1position shall be ineligible for a benefit to which the member
2is entitled as a nonsupervisory member but is not entitled as a
3supervisory member.
4The provisions of this section shall be effective during the
5collective bargaining agreement in effect from July 1, 1979,
6to June 30, 1981.
7 Sec. 17. Section 20.31, subsection 2, unnumbered paragraph
81, Code 2019, is amended to read as follows:
9A mediator shall not be required to testify in any judicial,
10administrative, arbitration, or grievance proceeding regarding
11any matters occurring in the course of a mediation, including
12any verbal or written communication or behavior, other than
13facts relating exclusively to the timing or scheduling of
14mediation. A mediator shall not be required to produce or
15disclose any documents, including notes, memoranda, or other
16work product, relating to mediation, other than documents
17relating exclusively to the timing or scheduling of mediation.
18This subsection shall not apply in any of the following
19circumstances:
20 Sec. 18. Section 22.7, subsection 69, Code 2019, is amended
21to read as follows:
2269. The evidence of public employee support for
23the certification, retention and recertification, or
24decertification of an employee organization as defined in
25section 20.3 that is submitted to the public employment
26relations board as provided in section 20.14 or 20.15.
27 Sec. 19. Section 22.7, subsection 70, Code 2019, is amended
28by striking the subsection.
29 Sec. 20. Section 70A.17A, Code 2019, is amended by adding
30the following new subsection:
31 NEW SUBSECTION. 3. This section shall not affect a payroll
32deduction elected by a state employee pursuant to section
3370A.19.
34 Sec. 21. Section 70A.19, Code 2019, is amended by striking
35the section and inserting in lieu thereof the following:
-9- 170A.19 Duration of state payroll deduction for dues of
2employee organization member.
3A state employee who elects a payroll deduction for
4membership dues to an employee organization pursuant to the
5provisions of a collective bargaining agreement negotiated
6under the provisions of chapter 20 shall maintain the deduction
7for a period of one year or until the expiration of the
8collective bargaining agreement, whichever occurs first. A
9state employee who transfers employment to a position covered
10by a different collective bargaining agreement or who becomes
11a management employee is not subject to this requirement.
12With respect to state employees, this section supersedes the
13provisions of section 20.9 allowing termination of a dues
14checkoff at any time but does not supersede the requirement for
15thirty days’ written notice of termination.
16 Sec. 22. Section 412.2, subsection 1, Code 2019, is amended
17to read as follows:
181. From the proceeds of the assessments on the wages
19and salaries of employees, of any such waterworks system,
20or other municipally owned and operated public utility,
21eligible to receive the benefits thereof. Notwithstanding
22any provisions of section 20.9 to the contrary, a council,
23board of waterworks, or other board or commission which
24establishes a pension and annuity retirement system pursuant to
25this chapter, shall negotiate in good faith with a certified
26employee organization as defined in section 20.3, which is the
27collective bargaining representative of the employees, with
28respect to the amount or rate of the assessment on the wages
29and salaries of employees and the method or methods for payment
30of the assessment by the employees.
31 Sec. 23. Section 602.1401, subsection 3, paragraph b, Code
322019, is amended to read as follows:
33b. For purposes of chapter 20, the certified representative,
34which on July 1, 1983, represents employees who become judicial
35branch employees as a result of 1983 Iowa Acts, ch.186, shall
-10-1remain the certified representative when the employees become
2judicial branch employees and thereafter, unless the public
3employee organization is not retained and recertified or is
4 decertified in an election held under section 20.15 or amended
5or absorbed into another certified organization pursuant to
6chapter 20. Collective bargaining negotiations shall be
7conducted on a statewide basis and the certified employee
8organizations which engage in bargaining shall negotiate on a
9statewide basis, although bargaining units shall be organized
10by judicial district. The public employment relations board
11shall adopt rules pursuant to chapter 17A to implement this
12subsection.
13 Sec. 24. REPEAL. Sections 20.32 and 20.33, Code 2019, are
14repealed.
15 Sec. 25. TRANSITION PROCEDURES — DEADLINE — EMERGENCY
16RULES.
171. As of the effective date of this division of this Act,
18parties, mediators, and arbitrators engaging in any collective
19bargaining procedures provided for in chapter 20, Code 2019,
20who have not, before the effective date of this division
21of this Act, completed such procedures, shall immediately
22terminate any such procedures in process. A collective
23bargaining agreement negotiated pursuant to such procedures in
24process shall not become effective. Parties, mediators, and
25arbitrators shall not engage in further collective bargaining
26procedures except as provided in this section. Such parties
27shall commence collective bargaining in accordance with section
2820.17, as amended in this division of this Act. Such parties
29shall complete such bargaining not later than June 30, 2019,
30unless the parties mutually agree to a different deadline.
312. The public employment relations board shall adopt
32emergency rules under section 17A.4, subsection 3, and section
3317A.5, subsection 2, paragraph “b”, to provide for procedures
34as deemed necessary to implement the provisions of this section
35and the rules shall be effective immediately upon filing
-11-1unless a later date is specified in the rules. Such rules
2shall include but are not limited to alternative deadlines for
3completion of the procedures provided in sections 20.17 and
420.22, as amended by this division of this Act, and sections
520.19 and 20.20, which deadlines may be waived by mutual
6agreement of the parties.
73. The department of administrative services shall adopt
8emergency rules under section 17A.4, subsection 3, and
9section 17A.5, subsection 2, paragraph “b”, to provide for the
10implementation of section 70A.19, as amended by this division
11of this Act, and the rules shall be effective immediately upon
12filing unless a later date is specified in the rules.
13 Sec. 26. ELECTIONS — DIRECTIVES TO PUBLIC EMPLOYMENT
14RELATIONS BOARD.
151. The public employment relations board shall cancel any
16elections scheduled or in process pursuant to section 20.15,
17subsection 2, Code 2019, as of the effective date of this Act.
182. Notwithstanding section 20.15, subsection 1, paragraph
19“c”, Code 2019, the public employment relations board
20shall consider a petition for certification of an employee
21organization as the exclusive representative of a bargaining
22unit for which an employee organization was not retained and
23recertified as the exclusive representative of that bargaining
24unit regardless of the amount of time that has elapsed since
25the retention and recertification election at which an employee
26organization was not retained or recertified.
27 Sec. 27. EFFECTIVE DATE. This division of this Act, being
28deemed of immediate importance, takes effect upon enactment.
29 Sec. 28. APPLICABILITY. With the exception of the
30section of this division of this Act amending section 20.6,
31subsection 1, this division of this Act does not apply to
32collective bargaining agreements which have been ratified in a
33ratification election referred to in section 20.17, subsection
344, for which an arbitrator has made a final determination as
35described in section 20.22, subsection 11, or which have become
-12-1effective, where such events occurred before the effective
2date of this division of this Act. This division of this Act
3applies to all collective bargaining procedures provided for in
4chapter 20 occurring on and after the effective date of this
5division of this Act and collective bargaining agreements for
6which a ratification election referred to in section 20.17,
7subsection 4, is held, for which an arbitrator makes a final
8determination as described in section 20.22, subsection 11, or
9which become effective on or after the effective date of this
10division of this Act.
11DIVISION II
12EDUCATOR EMPLOYMENT MATTERS
13 Sec. 29. Section 279.13, subsections 2 and 5, Code 2019, are
14amended to read as follows:
152. The contract shall remain in force and effect for the
16period stated in the contract and shall be automatically
17continued for equivalent periods except as modified or
18terminated by mutual agreement of the board of directors and
19the teacher or as modified or terminated in accordance with
20the provisions specified in this chapter. A contract shall
21not be offered by the employing board to a teacher under its
22jurisdiction prior to March 15 of any year. A teacher who has
23not accepted a contract for the ensuing school year tendered
24by the employing board may resign effective at the end of the
25current school year by filing a written resignation with the
26secretary of the board. The resignation must be filed not
27later than the last day of the current school year or the date
28specified by the employing board for return of the contract,
29whichever date occurs first. However, a teacher shall not be
30required to return a contract to the board or to resign less
31than twenty-one days after the contract has been offered.
325. Notwithstanding the other provisions of this section, a
33temporary contract may be issued to a teacher for a period of
34up to six months. Notwithstanding the other provisions of this
35section, a temporary contract may also be issued to a teacher
-13-1 to fill a vacancy created by a leave of absence in accordance
2with the provisions of section 29A.28, which contract shall
3automatically terminate upon return from military leave of the
4former incumbent of the teaching position. Temporary contracts
5 and which contract shall not be subject to the provisions of
6sections 279.15 through 279.19, or section 279.27. A separate
7extracurricular contract issued pursuant to section 279.19A to
8a person issued a temporary contract under this section shall
9automatically terminate with the termination of the temporary
10contract as required under section 279.19A, subsection 8.
11 Sec. 30. Section 279.13, subsection 4, unnumbered paragraph
121, Code 2019, is amended to read as follows:
13For purposes of this section, sections 279.14, 279.15,
14279.16 through 279.17, 279.19, and 279.27, unless the context
15otherwise requires, “teacher” includes the following individuals
16employed by a community college:
17 Sec. 31. Section 279.14, Code 2019, is amended to read as
18follows:
19279.14 Evaluation criteria and procedures.
201. The board shall establish evaluation criteria and shall
21implement evaluation procedures. If an exclusive bargaining
22representative has been certified, the board shall negotiate
23in good faith with respect to evaluation procedures pursuant
24to chapter 20.
252. The determination of standards of performance expected
26of school district personnel shall be reserved as an exclusive
27management right of the school board and shall not be subject
28to mandatory negotiations under chapter 20. Objections
29 Notwithstanding chapter 20, objections to the procedures,
30use, or content of an evaluation in a teacher termination
31proceeding brought before the school board in a hearing held in
32accordance with section 279.16 or 279.27 shall not be subject
33to any the grievance procedures negotiated in accordance with
34chapter 20. A school district shall not be obligated to
35process any evaluation grievance after service of a notice and
-14-1recommendation to terminate an individual’s continuing teaching
2contract in accordance with this chapter.
3 Sec. 32. Section 279.15, subsection 2, paragraph c, Code
42019, is amended to read as follows:
5c. Within five days of the receipt of the written notice
6that the superintendent is recommending termination of the
7contract, the teacher may request, in writing to the secretary
8of the board, a private hearing with the board. The private
9hearing shall not be subject to chapter 21 and shall be held
10no sooner than twenty ten days and no later than forty twenty
11 days following the receipt of the request unless the parties
12otherwise agree. The secretary of the board shall notify the
13teacher in writing of the date, time, and location of the
14private hearing, and at least ten five days before the hearing
15shall also furnish to the teacher any documentation which
16may be presented to the board at the private hearing and a
17list of persons who may address the board in support of the
18superintendent’s recommendation at the private hearing. At
19least seven three days before the hearing, the teacher shall
20provide any documentation the teacher expects to present at
21the private hearing, along with the names of any persons who
22may address the board on behalf of the teacher. This exchange
23of information shall be at the time specified unless otherwise
24agreed.
25 Sec. 33. Section 279.16, Code 2019, is amended by striking
26the section and inserting in lieu thereof the following:
27279.16 Private hearing — decision — record.
281. The participants at the private hearing shall be
29at least a majority of the members of the board, their
30legal representatives, if any, the superintendent, the
31superintendent’s designated representatives, if any, the
32teacher’s immediate supervisor, the teacher, the teacher’s
33representatives, if any, and the witnesses for the parties.
34The evidence at the private hearing shall be limited to the
35specific reasons stated in the superintendent’s notice of
-15-1recommendation of termination. No participant in the hearing
2shall be liable for any damages to any person if any statement
3at the hearing is determined to be erroneous as long as the
4statement was made in good faith. The superintendent shall
5present evidence and argument on all issues involved and
6the teacher may cross-examine, respond and present evidence
7and argument in the teacher’s behalf relevant to all issues
8involved. Evidence may be by stipulation of the parties and
9informal settlement may be made by stipulation, consent, or
10default or by any other method agreed upon by the parties in
11writing. The board shall employ a certified shorthand reporter
12to keep a record of the private hearing. The proceedings
13or any part thereof shall be transcribed at the request of
14either party with the expense of transcription charged to the
15requesting party.
162. The presiding officer of the board may administer oaths
17in the same manner and with like effect and under the same
18penalties as in the case of magistrates exercising criminal
19or civil jurisdiction. The board shall cause subpoenas to be
20issued for such witnesses and the production of such books
21and papers as either the board or the teacher may designate.
22The subpoenas shall be signed by the presiding officer of the
23board.
243. In case a witness is duly subpoenaed and refuses to
25attend, or in case a witness appears and refuses to testify
26or to produce required books or papers, the board shall,
27in writing, report such refusal to the district court of
28the county in which the administrative office of the school
29district is located, and the court shall proceed with the
30person or witness as though the refusal had occurred in a
31proceeding legally pending before the court.
324. The board shall not be bound by common law or statutory
33rules of evidence or by technical or formal rules of procedure,
34but it shall hold the hearing in such manner as is best suited
35to ascertain and conserve the substantial rights of the
-16-1parties. Process and procedure under sections 279.13 through
2279.19 shall be as summary as reasonably may be.
35. At the conclusion of the private hearing, the
4superintendent and the teacher may file written briefs and
5arguments with the board within three days or such other time
6as may be agreed upon.
76. If the teacher fails to timely request a private hearing
8or does not appear at the private hearing, the board may
9proceed and make a determination upon the superintendent’s
10recommendation. If the teacher fails to timely file a request
11for a private hearing, the determination shall be not later
12than May 31. If the teacher fails to appear at the private
13hearing, the determination shall be not later than five days
14after the scheduled date for the private hearing. The board
15shall convene in open session and by roll call vote determine
16the termination or continuance of the teacher’s contract
17and, if the board votes to continue the teacher’s contract,
18whether to suspend the teacher with or without pay for a period
19specified by the board.
207. Within five days after the private hearing, the board
21shall, in executive session, meet to make a final decision
22upon the recommendation and the evidence as herein provided.
23The board shall also consider any written brief and arguments
24submitted by the superintendent and the teacher.
258. The record for a private hearing shall include:
26a. All pleadings, motions and intermediate rulings.
27b. All evidence received or considered and all other
28submissions.
29c. A statement of all matters officially noticed.
30d. All questions and offers of proof, objections and rulings
31thereon.
32e. All findings and exceptions.
33f. Any decision, opinion, or conclusion by the board.
34g. Findings of fact shall be based solely on the evidence in
35the record and on matters officially noticed in the record.
-17- 19. The decision of the board shall be in writing and shall
2include findings of fact and conclusions of law, separately
3stated. Findings of fact, if set forth in statutory language,
4shall be accompanied by a concise and explicit statement of
5the underlying facts supporting the findings. Each conclusion
6of law shall be supported by cited authority or by reasoned
7opinion.
810. When the board has reached a decision, opinion, or
9conclusion, it shall convene in open meeting and by roll
10call vote determine the continuance or discontinuance of the
11teacher’s contract and, if the board votes to continue the
12teacher’s contract, whether to suspend the teacher with or
13without pay for a period specified by the board. The record
14of the private conference and findings of fact and exceptions
15shall be exempt from the provisions of chapter 22. The
16secretary of the board shall immediately mail notice of the
17board’s action to the teacher.
18 Sec. 34. NEW SECTION. 279.17 Appeal by teacher to
19adjudicator.
201. If the teacher is no longer a probationary teacher, the
21teacher may, within ten days, appeal the determination of the
22board to an adjudicator by filing a notice of appeal with the
23secretary of the board. The notice of appeal shall contain a
24concise statement of the action which is the subject of the
25appeal, the particular board action appealed from, the grounds
26on which relief is sought and the relief sought.
272. Within five days following receipt by the secretary
28of the notice of appeal, the board or the board’s legal
29representative, if any, and the teacher or the teacher’s
30representative, if any, may select an adjudicator who resides
31within the boundaries of the merged area in which the school
32district is located. If an adjudicator cannot be mutually
33agreed upon within the five-day period, the secretary shall
34notify the chairperson of the public employment relations board
35by transmitting the notice of appeal, and the chairperson of
-18-1the public employment relations board shall within five days
2provide a list of five adjudicators to the parties. Within
3three days from receipt of the list of adjudicators, the
4parties shall select an adjudicator by alternately removing a
5name from the list until only one name remains. The person
6whose name remains shall be the adjudicator. The parties shall
7determine by lot which party shall remove the first name from
8the list submitted by the chairperson of the public employment
9relations board. The secretary of the board shall inform the
10chairperson of the public employment relations board of the
11name of the adjudicator selected.
123. If the teacher does not timely request an appeal to an
13adjudicator, the decision, opinion, or conclusion of the board
14shall become final and binding.
154. a. Within thirty days after filing the notice of appeal,
16or within further time allowed by the adjudicator, the board
17shall transmit to the adjudicator the original or a certified
18copy of the entire record of the private hearing which may be
19the subject of the petition. By stipulation of the parties
20to review the proceedings, the record of the case may be
21shortened. The adjudicator may require or permit subsequent
22corrections or additions to the shortened record.
23b. The record certified and filed by the board shall be the
24record upon which the appeal shall be heard and no additional
25evidence shall be heard by the adjudicator. In such appeal to
26the adjudicator, especially when considering the credibility
27of witnesses, the adjudicator shall give weight to the fact
28findings of the board but shall not be bound by them.
295. Before the date set for hearing a petition for review
30of board action, which shall be within ten days after
31receipt of the record unless otherwise agreed or unless the
32adjudicator orders additional evidence be taken before the
33board, application may be made to the adjudicator for leave to
34present evidence in addition to that found in the record of the
35case. If it is shown to the adjudicator that the additional
-19-1evidence is material and that there were good reasons for
2failure to present it in the private hearing before the board,
3the adjudicator may order that the additional evidence be taken
4before the board upon conditions determined by the adjudicator.
5The board may modify its findings and decision in the case by
6reason of the additional evidence and shall file that evidence
7and any modifications, new findings, or decisions, with the
8adjudicator and mail copies of the new findings or decisions
9to the teacher.
106. The adjudicator may affirm board action or remand to the
11board for further proceedings. The adjudicator shall reverse,
12modify, or grant any appropriate relief from the board action
13if substantial rights of the teacher have been prejudiced
14because the board action is any of the following:
15a. In violation of a board rule or policy or contract.
16b. Unsupported by a preponderance of the competent evidence
17in the record made before the board when that record is viewed
18as a whole.
19c. Unreasonable, arbitrary or capricious or characterized
20by an abuse of discretion or a clearly unwarranted exercise of
21discretion.
227. The adjudicator shall, within fifteen days after the
23hearing, make a decision and shall give a copy of the decision
24to the teacher and the secretary of the board. The decision
25of the adjudicator shall become the final and binding decision
26of the board unless either party within ten days notifies the
27secretary of the board that the decision is rejected. The
28board may reject the decision by majority roll call vote, in
29open meeting, entered into the minutes of the meeting. The
30board shall immediately notify the teacher of its decision
31by certified mail. The teacher may reject the adjudicator’s
32decision by notifying the board’s secretary in writing within
33ten days of the filing of such decision.
348. All costs of the adjudicator shall be shared equally by
35the teacher and the board.
-20-1 Sec. 35. Section 279.18, Code 2019, is amended by striking
2the section and inserting in lieu thereof the following:
3279.18 Appeal by either party to court.
41. If either party rejects the adjudicator’s decision,
5the rejecting party shall, within thirty days of the initial
6filing of such decision, appeal to the district court of
7the county in which the administrative office of the school
8district is located. The notice of appeal shall be immediately
9mailed by certified mail to the other party. The adjudicator
10shall transmit to the reviewing court the original or a
11certified copy of the entire record which may be the subject
12of the petition. By stipulation of all parties to the review
13proceedings, the record of such a case may be shortened. A
14party unreasonably refusing to stipulate to limit the record
15may be taxed by the court for the additional cost. The court
16may require or permit subsequent corrections or additions to
17the shortened record.
182. In proceedings for judicial review of the adjudicator’s
19decision, the court shall not hear any further evidence
20but shall hear the case upon the certified record. In such
21judicial review, especially when considering the credibility of
22witnesses, the court shall give weight to the fact findings of
23the board but shall not be bound by them. The court may affirm
24the adjudicator’s decision or remand to the adjudicator or the
25board for further proceedings upon conditions determined by the
26court. The court shall reverse, modify, or grant any other
27appropriate relief from the board decision or the adjudicator’s
28decision equitable or legal and including declaratory relief
29if substantial rights of the petitioner have been prejudiced
30because the action is any of the following:
31a. In violation of constitutional or statutory provisions.
32b. In excess of the statutory authority of the board or the
33adjudicator.
34c. In violation of a board rule or policy or contract.
35d. Made upon unlawful procedure.
-21- 1e. Affected by other error of law.
2f. Unsupported by a preponderance of the competent evidence
3in the record made before the board and the adjudicator when
4that record is viewed as a whole.
5g. Unreasonable, arbitrary or capricious or characterized
6by an abuse of discretion or a clearly unwarranted exercise of
7discretion.
83. An aggrieved or adversely affected party to the judicial
9review proceeding may obtain a review of any final judgment of
10the district court by appeal to the supreme court. The appeal
11shall be taken as in other civil cases, although the appeal may
12be taken regardless of the amount involved.
134. For purposes of this section, unless the context
14otherwise requires, “rejecting party” shall include but not be
15limited to an instructor employed by a community college.
16 Sec. 36. Section 279.19, Code 2019, is amended by striking
17the section and inserting in lieu thereof the following:
18279.19 Probationary period.
191. The first three consecutive years of employment of
20a teacher in the same school district are a probationary
21period. However, if the teacher has successfully completed a
22probationary period of employment for another school district
23located in Iowa, the probationary period in the current
24district of employment shall not exceed one year. A board of
25directors may waive the probationary period for any teacher who
26previously has served a probationary period in another school
27district and the board may extend the probationary period for
28an additional year with the consent of the teacher.
292. a. In the case of the termination of a probationary
30teacher’s contract, the provisions of sections 279.15 and
31279.16 shall apply. However, if the probationary teacher is a
32beginning teacher who fails to demonstrate competence in the
33Iowa teaching standards in accordance with chapter 284, the
34provisions of sections 279.17 and 279.18 shall also apply.
35b. The board’s decision shall be final and binding unless
-22-1the termination was based upon an alleged violation of a
2constitutionally guaranteed right of the teacher or an alleged
3violation of public employee rights of the teacher under
4section 20.10.
53. Notwithstanding any provision to the contrary, the
6grievance procedures of section 20.18 relating to job
7performance or job retention shall not apply to a teacher
8during the first two years of the teacher’s probationary
9period. However, this subsection shall not apply to a teacher
10who has successfully completed a probationary period in a
11school district in Iowa.
12 Sec. 37. Section 279.19A, subsections 1, 2, 7, and 8, Code
132019, are amended to read as follows:
141. School districts employing individuals to coach
15interscholastic athletic sports shall issue a separate
16extracurricular contract for each of these sports. An
17extracurricular contract offered under this section shall be
18separate from the contract issued under section 279.13. Wages
19for employees who coach these sports shall be paid pursuant
20to established or negotiated supplemental pay schedules.
21 An extracurricular contract shall be in writing, and shall
22state the number of contract days for that sport, the annual
23compensation to be paid, and any other matters as may be
24mutually agreed upon. The contract shall be for a single
25school year.
262. a. An extracurricular contract shall be continued
27automatically in force and effect for equivalent periods,
28except as modified or terminated by mutual agreement of
29the board of directors and the employee, or terminated in
30accordance with this section. An extracurricular contract
31shall initially be offered by the employing board to an
32individual on the same date that contracts are offered to
33teachers under section 279.13. An extracurricular contract
34may be terminated at the end of a school year pursuant to
35sections 279.15 through 279.19.If the school district offers
-23-1an extracurricular contract for a sport for the subsequent
2school year to an employee who is currently performing
3under an extracurricular contract for that sport, and the
4employee does not wish to accept the extracurricular contract
5for the subsequent year, the employee may resign from the
6extracurricular contract within twenty-one days after it has
7been received.
8b. If the provisions of an extracurricular contract executed
9under this section conflict with a collective bargaining
10agreement negotiated under chapter 20 and effective when the
11extracurricular contract is executed or renewed, the provisions
12of the collective bargaining agreement shall prevail Section
13279.13, subsection 3, applies to this section.
147. An extracurricular contract may be terminated prior to
15the expiration of that contract for any lawful reason following
16an informal, private hearing before the board of directors
17 pursuant to section 279.27. The decision of the board to
18terminate an extracurricular contract shall be final.
198. a. A termination proceeding regarding an extracurricular
20contract shall either by the board pursuant to subsection 2 or
21pursuant to section 279.27 does not affect a contract issued
22pursuant to section 279.13.
23b. A termination of a contract entered into pursuant to
24section 279.13, or a resignation from that contract by the
25teacher, constitutes an automatic termination or resignation of
26the extracurricular contract in effect between the same teacher
27and the employing school board.
28 Sec. 38. Section 279.23, subsection 1, paragraph c, Code
292019, is amended to read as follows:
30c. The rate of compensation per week of five consecutive
31days or month of four consecutive weeks.
32 Sec. 39. Section 279.23, subsection 5, Code 2019, is amended
33to read as follows:
345. Notwithstanding the other provisions of this section,
35a temporary contract may be issued to an administrator for
-24-1up to nine months. Notwithstanding the other provisions of
2this section, a temporary contract may also be issued to
3an administrator to fill a vacancy created by a leave of
4absence in accordance with the provisions of section 29A.28,
5which contract shall automatically terminate upon return from
6military leave of the former incumbent of the administrator
7position. Temporary contracts and which contract shall not be
8subject to the provisions of sections 279.24 and 279.25.
9 Sec. 40. Section 279.24, subsections 2 and 4, Code 2019, are
10amended to read as follows:
112. If the board of directors is considering termination of
12an administrator’s contract, prior to any formal action, the
13board may arrange to meet in closed session, in accordance with
14the provisions of section 21.5, with the administrator and the
15administrator’s representative. The board shall review the
16administrator’s evaluation, review the reasons for nonrenewal,
17and give the administrator an opportunity to respond. If,
18following the closed session, the board of directors and the
19administrator are unable to mutually agree to a modification
20or termination of the administrator’s contract, or the board
21of directors may issue and the administrator are unable to
22mutually agree to enter into a one-year, nonrenewable contract,
23 to the administrator. If the board of directors decides to
24terminate the administrator’s contract, the board shall follow
25the procedures in this section.
264. Administrators employed in a school district for
27less than three two consecutive years are probationary
28administrators. However, a school board may waive the
29probationary period for any administrator who has previously
30served a probationary period in another school district and
31the school board may extend the probationary period for an
32additional year with the consent of the administrator. If a
33school board determines that it should terminate a probationary
34administrator’s contract, the school board shall notify the
35administrator not later than May 15 that the contract will not
-25-1be renewed beyond the current year. The notice shall be in
2writing by letter, personally delivered, or mailed by certified
3mail. The notification shall be complete when received by the
4administrator. Within ten days after receiving the notice, the
5administrator may request a private conference with the school
6board to discuss the reasons for termination. The school
7board’s decision to terminate a probationary administrator’s
8contract shall be final unless the termination was based upon
9an alleged violation of a constitutionally guaranteed right of
10the administrator.
11 Sec. 41. Section 279.24, subsection 5, paragraphs c, d, e,
12f, g, and h, Code 2019, are amended to read as follows:
13c. Within five days after receipt of the written notice
14that the school board has voted to consider termination of
15the contract, the administrator may request a private hearing
16 in writing to the secretary of the school board. The board
17shall then forward that the notification be forwarded to the
18board of educational examiners along with a request that the
19board of educational examiners submit a list of five qualified
20administrative law judges to the parties. Within three
21days from receipt of the list the parties shall select an
22administrative law judge by alternately removing a name from
23the list until only one name remains. The person whose name
24remains shall be the administrative law judge. The parties
25shall determine by lot which party shall remove the first
26name from the list. The private hearing shall be held no
27sooner than twenty ten days and not later than forty thirty
28 days following the administrator’s request unless the parties
29otherwise agree. If the administrator does not request a
30private hearing, the school board, not later than May 31, may
31determine the continuance or discontinuance of the contract
32and, if the board determines to continue the administrator’s
33contract, whether to suspend the administrator with or without
34pay for a period specified by the board. School board action
35shall be by majority roll call vote entered on the minutes of
-26-1the meeting. Notice of school board action shall be personally
2delivered or mailed to the administrator.
3d. The administrative law judge selected shall notify
4the secretary of the school board and the administrator in
5writing concerning the date, time, and location of the private
6 hearing. The school board may be represented by a legal
7representative, if any, and the administrator shall appear and
8may be represented by counsel or by representative, if any.
9Any witnesses for the parties at the private hearing shall be
10sequestered. A transcript or recording shall be made of the
11proceedings at the private hearing. A school board member or
12administrator is not liable for any damage to an administrator
13or school board member if a statement made at the private
14 hearing is determined to be erroneous as long as the statement
15was made in good faith.
16e. The administrative law judge shall, within ten days
17following the date of the private hearing, make a proposed
18decision as to whether or not the administrator should be
19dismissed, and shall give a copy of the proposed decision to
20the administrator and the school board. Findings of fact shall
21be prepared by the administrative law judge. The proposed
22decision of the administrative law judge shall become the final
23decision of the school board unless within thirty ten days
24after the filing of the decision the administrator files a
25written notice of appeal with the school board, or the school
26board on its own motion determines to review the decision.
27f. If the administrator appeals to the school board, or if
28the school board determines on its own motion to review the
29proposed decision of the administrative law judge, a private
30hearing shall be held before the school board within ten five
31 days after the petition for review, or motion for review, has
32been made or at such other time as the parties agree. The
33private hearing is not subject to chapter 21. The school board
34may hear the case de novo upon the record as submitted before
35the administrative law judge. In cases where there is an
-27-1appeal from a proposed decision or where a proposed decision
2is reviewed on motion of the school board, an opportunity
3shall be afforded to each party to file exceptions, present
4briefs, and present oral arguments to the school board which
5is to render the final decision. The secretary of the school
6board shall give the administrator written notice of the time,
7place, and date of the private hearing. The school board shall
8meet within five days after the private hearing to determine
9the question of continuance or discontinuance of the contract
10and, if the board determines to continue the administrator’s
11contract, whether to suspend the administrator with or
12without pay for a period specified by the board or issue the
13administrator a one-year, nonrenewable contract. The school
14board shall make findings of fact which shall be based solely
15on the evidence in the record and on matters officially noticed
16in the record.
17g. The decision of the school board shall be in writing
18and shall include findings of fact and conclusions of law,
19separately stated. Findings of fact, if set forth in statutory
20language, shall be accompanied by a concise and explicit
21statement of the underlying facts supporting the findings.
22Each conclusion of law shall be supported by cited authority
23or by reasoned opinion.
24h. When the school board has reached a decision, opinion,
25or conclusion, it shall convene in open meeting and by roll
26call vote determine the continuance or discontinuance of
27the administrator’s contract and, if the board votes to
28continue the administrator’s contract, whether to suspend the
29administrator with or without pay for a period specified by
30the board or issue the administrator a one-year, nonrenewable
31contract. The record of the private hearing conference and
32written decision of the board findings of fact and exceptions
33 shall be exempt from the provisions of chapter 22. The
34secretary of the school board shall immediately personally
35deliver or mail notice of the school board’s action to the
-28-1administrator.
2 Sec. 42. Section 279.27, Code 2019, is amended to read as
3follows:
4279.27 Discharge of teacher.
51. A teacher may be discharged at any time during the
6contract year for just cause. The superintendent or the
7superintendent’s designee, shall notify the teacher immediately
8that the superintendent will recommend in writing to the board
9at a regular or special meeting of the board held not more
10than fifteen days after notification has been given to the
11teacher that the teacher’s continuing contract be terminated
12effective immediately following a decision of the board.
13The procedure for dismissal shall be as provided in section
14279.15, subsection 2, and sections 279.16 through 279.19. The
15superintendent may suspend a teacher under this section pending
16hearing and determination by the board.
172. For purposes of this section, “just cause” includes
18but is not limited to a violation of the code of professional
19conduct and ethics of the board of educational examiners if
20the board has taken disciplinary action against a teacher,
21during the six months following issuance by the board of a
22final written decision and finding of fact after a disciplinary
23proceeding.
24 Sec. 43. Section 284.3, subsection 2, Code 2019, is amended
25to read as follows:
262. A school board shall provide for the following:
27a. For purposes of comprehensive evaluations, standards
28and criteria which measure a beginning teacher’s performance
29against the Iowa teaching standards specified in subsection 1,
30and the criteria for the Iowa teaching standards developed by
31the department in accordance with section 256.9, to determine
32whether the teacher’s practice meets the requirements specified
33for a career teacher. These standards and criteria shall be
34set forth in an instrument provided by the department. The
35comprehensive evaluation and instrument are not subject to
-29-1negotiations or grievance procedures pursuant to chapter 20 or
2determinations made by the board of directors under section
3279.14. A local school board and its certified bargaining
4representative may negotiate, pursuant to chapter 20,
5evaluation and grievance procedures for beginning teachers that
6are not in conflict with this chapter. If, in accordance with
7section 279.19, a beginning teacher appeals the determination
8of a school board to an adjudicator under section 279.17, the
9adjudicator selected shall have successfully completed training
10related to the Iowa teacher standards, the criteria adopted
11by the state board in accordance with subsection 3, and any
12additional training required under rules adopted by the public
13employment relations board in cooperation with the state board.
14b. For purposes of performance reviews for teachers other
15than beginning teachers, evaluations that contain, at a
16minimum, the Iowa teaching standards specified in subsection
171, as well as the criteria for the Iowa teaching standards
18developed by the department in accordance with section
19256.9, subsection 42. A local school board and its certified
20bargaining representative may negotiate, pursuant to chapter
2120, additional teaching standards and criteria. A local
22school board and its certified bargaining representative shall
23negotiate, pursuant to chapter 20, evaluation and grievance
24procedures for teachers other than beginning teachers that are
25not in conflict with this chapter.
26 Sec. 44. Section 284.4, subsection 1, paragraph b,
27subparagraphs (2) and (5), Code 2019, are amended to read as
28follows:
29(2) Monitor the evaluation requirements of this chapter
30to ensure evaluations are conducted in a fair and consistent
31manner throughout the school district or agency. The committee
32shall In addition to any negotiated evaluation procedures,
33 develop model evidence for the Iowa teaching standards and
34criteria. The model evidence will minimize paperwork and focus
35on teacher improvement. The model evidence will determine
-30-1which standards and criteria can be met with observation and
2which evidence meets multiple standards and criteria.
3(5) Determine Ensure the agreement negotiated pursuant to
4chapter 20 determines the compensation for teachers on the
5committee for work responsibilities required beyond the normal
6work day.
7 Sec. 45. Section 284.8, subsections 2 and 3, Code 2019, are
8amended to read as follows:
92. If a supervisor or an evaluator determines, at any time,
10as a result of a teacher’s performance that the teacher is not
11meeting district expectations under the Iowa teaching standards
12specified in section 284.3, subsection 1, paragraphs “a”
13through “h”, and the criteria for the Iowa teaching standards
14developed by the department in accordance with section 256.9,
15subsection 42, and any other standards or criteria established
16in the collective bargaining agreement, the evaluator shall,
17at the direction of the teacher’s supervisor, recommend to
18the district that the teacher participate in an intensive
19assistance program. The intensive assistance program and its
20implementation are not subject to negotiation and grievance
21procedures established pursuant to chapter 20. All school
22districts shall be prepared to offer an intensive assistance
23program.
243. A teacher who is not meeting the applicable standards and
25criteria based on a determination made pursuant to subsection 2
26shall participate in an intensive assistance program. However,
27a teacher who has previously participated in an intensive
28assistance program relating to particular Iowa teaching
29standards or criteria shall not be entitled to participate
30in another intensive assistance program relating to the same
31standards or criteria and shall be subject to the provisions of
32subsection 4.
33 Sec. 46. Section 284.8, Code 2019, is amended by adding the
34following new subsection:
35 NEW SUBSECTION. 2A. If a teacher is denied advancement
-31-1to the career II or advanced teacher level based upon a
2performance review, the teacher may appeal the decision to an
3adjudicator under the process established under section 279.17.
4However, the decision of the adjudicator is final.
5 Sec. 47. Section 284.8, subsection 4, Code 2019, is amended
6by striking the subsection.
7 Sec. 48. EFFECTIVE DATE. This division of this Act, being
8deemed of immediate importance, takes effect upon enactment.
9 Sec. 49. APPLICABILITY. This division of this Act applies
10to employment contracts of school employees entered into
11pursuant to chapter 279 on and after the effective date of
12this division of this Act. This division of this Act does
13not apply to collective bargaining agreements which have been
14ratified in a ratification election referred to in section
1520.17, subsection 4, for which an arbitrator has made a final
16determination as described in section 20.22, subsection 11,
17or which have become effective, where such events occurred
18before the effective date of this division of this Act. This
19division of this Act applies to all collective bargaining
20procedures provided for in chapter 20 occurring on and after
21the effective date of this division of this Act and collective
22bargaining agreements pursuant to chapter 20 for which a
23ratification election referred to in section 20.17, subsection
244, is held, for which an arbitrator makes a final determination
25as described in section 20.22, subsection 11, or which become
26effective on or after the effective date of this division of
27this Act.
28DIVISION III
29PERSONNEL RECORDS AND SETTLEMENT AGREEMENTS
30 Sec. 50. Section 22.7, subsection 11, paragraph a,
31subparagraph (5), Code 2019, is amended to read as follows:
32(5) The fact that the individual resigned in lieu of
33termination, was discharged, or was demoted as the result of
34a final disciplinary action, and the documented reasons and
35rationale for the resignation in lieu of termination, the
-32-1discharge, or the demotion. For purposes of this subparagraph,
2“demoted” and “demotion” mean a change of an employee from
3a position in a given classification to a position in a
4classification having a lower pay grade upon the exhaustion of
5all applicable contractual, legal, and statutory remedies.
6 Sec. 51. REPEAL. Sections 22.13A and 22.15, Code 2019, are
7repealed.
8 Sec. 52. EFFECTIVE DATE. This division of this Act, being
9deemed of immediate importance, takes effect upon enactment.
10 Sec. 53. APPLICABILITY. This division of this Act applies
11to requests for records pursuant to chapter 22 submitted on or
12after the effective date of this division of this Act.
13DIVISION IV
14CITY CIVIL SERVICE REQUIREMENTS
15 Sec. 54. Section 400.12, subsection 4, Code 2019, is amended
16by striking the subsection.
17 Sec. 55. Section 400.17, subsection 4, Code 2019, is amended
18to read as follows:
194. A person shall not be appointed, denied appointment,
20promoted, removed, discharged, suspended, or demoted to or
21from a civil service position or in any other way favored or
22discriminated against in that position because of political
23or religious opinions or affiliations, race, national origin,
24sex, or age, or in retaliation for the exercise of any right
25enumerated in this chapter. However, the maximum age for a
26police officer or fire fighter covered by this chapter and
27employed for police duty or the duty of fighting fires is
28sixty-five years of age.
29 Sec. 56. Section 400.18, Code 2019, is amended by striking
30the section and inserting in lieu thereof the following:
31400.18 Removal, demotion, or suspension.
321. A person holding civil service rights as provided in
33this chapter shall not be removed, demoted, or suspended
34arbitrarily, except as otherwise provided in this chapter, but
35may be removed, demoted, or suspended after a hearing by a
-33-1majority vote of the civil service commission, for neglect of
2duty, disobedience, misconduct, or failure to properly perform
3the person’s duties.
42. The party alleging neglect of duty, disobedience,
5misconduct, or failure to properly perform a duty shall have
6the burden of proof.
73. A person subject to a hearing has the right to be
8represented by counsel at the person’s expense or by the
9person’s authorized collective bargaining representative.
10 Sec. 57. Section 400.19, Code 2019, is amended to read as
11follows:
12400.19 Removal, or discharge, demotion, or suspension of
13subordinates.
14The person having the appointing power as provided in
15this chapter, or the chief of police or chief of the fire
16department, may, upon presentation of grounds for such action
17to the subordinate in writing, peremptorily remove, discharge,
18demote, or suspend, demote, or discharge a subordinate then
19under the person’s or chief’s direction due to any act or
20failure to act by the employee that is in contravention of law,
21city policies, or standard operating procedures, or that in
22the judgment of the person or chief is sufficient to show that
23the employee is unsuitable or unfit for employment for neglect
24of duty, disobedience of orders, misconduct, or failure to
25properly perform the subordinate’s duties.
26 Sec. 58. Section 400.20, Code 2019, is amended to read as
27follows:
28400.20 Appeal.
29The removal, discharge suspension, demotion, or suspension
30 discharge of a person holding civil service rights may be
31appealed to the civil service commission within fourteen
32calendar days after the removal, discharge suspension,
33demotion, or suspension discharge.
34 Sec. 59. Section 400.21, Code 2019, is amended to read as
35follows:
-34- 1400.21 Notice of appeal.
2If the appeal be taken by the person removed, discharged
3 suspended, demoted, or suspended discharged, notice of the
4appeal, signed by the appellant and specifying the ruling
5appealed from, shall be filed with the clerk of the commission.
6If the appeal is taken by the person making such removal,
7discharge suspension, demotion, or suspension discharge, such
8notice shall also be served upon the person removed, discharged
9 suspended, demoted, or suspended discharged.
10 Sec. 60. Section 400.22, Code 2019, is amended to read as
11follows:
12400.22 Charges.
13Within fourteen calendar days from the service of the notice
14of appeal, the person or body making the ruling appealed
15from shall file with the body to which the appeal is taken a
16written specification of the charges and grounds upon which the
17ruling was based. If the charges are not filed, the person
18removed, suspended or discharged, demoted, or suspended may
19present the matter to the body to whom the appeal is to be
20taken by affidavit, setting forth the facts, and the body to
21whom the appeal is to be taken shall immediately enter an
22order reinstating the person removed, suspended or discharged,
23demoted, or suspended for want of prosecution.
24 Sec. 61. Section 400.27, subsection 3, Code 2019, is amended
25to read as follows:
263. The city or any civil service employee shall have a
27right to appeal to the district court from the final ruling or
28decision of the civil service commission. The appeal shall be
29taken within thirty days from the filing of the formal decision
30of the commission. The district court of the county in which
31the city is located shall have full jurisdiction of the appeal.
32The scope of review for the appeal shall be limited to de novo
33appellate review without a trial or additional evidence The
34appeal shall be a trial de novo as an equitable action in the
35district court.
-35-1 Sec. 62. Section 400.28, Code 2019, is amended by striking
2the section and inserting in lieu thereof the following:
3400.28 Employees — number diminished.
41. When the public interest requires a diminution of
5employees in a classification or grade under civil service,
6the city council, acting in good faith, may do either of the
7following:
8a. Abolish the office and remove the employee from the
9employee’s classification or grade thereunder.
10b. Reduce the number of employees in any classification or
11grade by suspending the necessary number.
122. In case it thus becomes necessary to so remove or suspend
13any such employees, the persons so removed or suspended shall
14be those having seniority of the shortest duration in the
15classifications or grades affected, and such seniority shall be
16computed as provided in section 400.12 for all persons holding
17seniority in the classification or grade affected, regardless
18of their seniority in any other classification or grade, but
19any such employee so removed from any classification or grade
20shall revert to the employee’s seniority in the next lower
21grade or classification; if such seniority is equal, then the
22one less efficient and competent as determined by the person or
23body having the appointing power shall be the one affected.
243. In case of removal or suspension, the civil service
25commission shall issue to each person affected one certificate
26showing the person’s comparative seniority or length of service
27in each of the classifications or grades from which the person
28is so removed and the fact that the person has been honorably
29removed. The certificate shall also list each classification
30or grade in which the person was previously employed. The
31person’s name shall be carried for a period of not less than
32three years after the suspension or removal on a preferred list
33and appointments or promotions made during that period to the
34person’s former duties in the classification or grade shall
35be made in the order of greater seniority from the preferred
-36-1lists.
2 Sec. 63. SENIORITY RIGHTS REESTABLISHED. The seniority
3rights of any civil service employee extinguished pursuant
4to section 400.12, subsection 4, Code 2019, are hereby
5reestablished, including accrual of seniority during the period
6of extinguishment.
7 Sec. 64. EFFECTIVE DATE. This division of this Act, being
8deemed of immediate importance, takes effect upon enactment.
9 Sec. 65. APPLICABILITY. This division of this Act applies
10to employment actions taken on or after the effective date of
11this division of this Act.
12DIVISION V
13HEALTH INSURANCE MATTERS
14 Sec. 66. REPEAL. Section 70A.41, Code 2019, is repealed.
15 Sec. 67. EFFECTIVE DATE. This division of this Act, being
16deemed of immediate importance, takes effect upon enactment.
17EXPLANATION
18The inclusion of this explanation does not constitute agreement with
19the explanation’s substance by the members of the general assembly.
20This bill relates to employment matters involving public
21employees including collective bargaining, educator employment
22matters, personnel records and settlement agreements, city
23civil service requirements, and health insurance matters. The
24bill generally strikes statutory changes made by 2017 Iowa
25Acts, House File 291, and restores statutory language in effect
26prior to the enactment of 2017 Iowa Acts, House File 291.
27DIVISION I — PUBLIC EMPLOYEE COLLECTIVE BARGAINING.
28 This division makes a variety of changes to Code chapter
2920, the public employment relations Act, as well as other
30Code provisions relating to collective bargaining by public
31employees.
32ELIMINATION OF PUBLIC SAFETY AND TRANSIT EMPLOYEE
33CATEGORIES. The division eliminates public safety employees
34and transit employees as separate categories of employees for
35the purposes of public employee collective bargaining, making
-37-1affected provisions of Code chapter 20 applicable to all public
2employees governed by Code chapter 20.
3SCOPE OF NEGOTIATIONS. The division makes changes to
4subjects which are negotiated through collective bargaining
5between public employers and public employees under Code
6section 20.9.
7The division provides that the scope of negotiations for
8all public employees shall consist of wages, hours, vacations,
9insurance, holidays, leaves of absence, shift differentials,
10overtime compensation, supplemental pay, seniority, transfer
11procedures, job classifications, health and safety matters,
12evaluation procedures, procedures for staff reduction,
13in-service training, dues checkoff, grievance procedures for
14resolving any questions arising under the agreement, and
15other matters mutually agreed upon. The division provides
16that retirement systems shall be excluded from the scope of
17negotiations.
18The division strikes language providing that mandatory
19subjects of negotiation under Code section 20.9 shall be
20interpreted narrowly and restrictively. The division strikes
21language limiting the term of a collective bargaining agreement
22entered into pursuant to Code chapter 20 to a maximum of five
23years.
24ARBITRATION PROCEDURES. The division makes changes to the
25procedures for arbitration of impasses in collective bargaining
26between public employers and public employees under Code
27section 20.22.
28The division modifies the factors that an arbitrator is
29required to consider in addition to any other relevant factors
30in making a final determination on an impasse item. The
31division requires an arbitrator to consider past collective
32bargaining contracts between the parties including the
33bargaining that led up to such contracts; comparison of wages,
34hours, and conditions of employment of the involved public
35employees with those of other public employees doing comparable
-38-1work, giving consideration to factors peculiar to the area and
2the classifications involved; the interests and welfare of the
3public, the ability of the public employer to finance economic
4adjustments, and the effect of such adjustments on the normal
5standard of services; and the power of the public employer
6to levy taxes and appropriate funds for the conduct of its
7operations.
8The division strikes language permitting the parties to
9agree to change the four-day deadline to serve final offers on
10impasse items after a request for arbitration is received.
11The division strikes language prohibiting the parties to an
12arbitration from introducing, and the arbitrator from accepting
13or considering, any direct or indirect evidence regarding any
14subject excluded from negotiations pursuant to Code section
1520.9.
16The division strikes language providing for a maximum
17increase in base wages in an arbitrator’s award.
18PUBLIC EMPLOYEE ELECTIONS. The division makes changes to
19public employee elections conducted pursuant to Code section
2020.15.
21The division strikes language providing for retention and
22recertification elections and requires the public employment
23relations board (PERB) to cancel any such elections scheduled
24or in process. The division requires the PERB to consider a
25petition for certification of an employee organization as the
26exclusive representative of a bargaining unit for which an
27employee organization was not retained and recertified as the
28exclusive representative of that bargaining unit regardless of
29the amount of time that has elapsed since the retention and
30recertification election, notwithstanding prior requirements
31prohibiting such consideration for two years.
32The division provides that the outcome of a certification
33or decertification election is determined by a majority vote
34of the members of the bargaining unit voting, rather than the
35total membership of the bargaining unit. The division provides
-39-1for a runoff election if none of the choices on the ballot in a
2certification election receives a majority vote of the members
3of the bargaining unit voting.
4The division lowers the required percentage of support
5from employees in a bargaining unit required for an employee
6organization that did not submit a petition for certification
7as the exclusive bargaining representative of a bargaining unit
8to be listed on the ballot for a certification election from 30
9percent to 10 percent.
10The division strikes language prohibiting the PERB from
11considering a petition for certification as the exclusive
12bargaining representative of a bargaining unit unless a
13period of two years has elapsed from the date of the last
14certification election in which an employee organization
15was not certified as the exclusive representative of that
16bargaining unit or of the last decertification election in
17which an employee organization was decertified as the exclusive
18representative of that bargaining unit. The division prohibits
19the PERB from considering a petition for certification as the
20exclusive bargaining representative of a bargaining unit for
21one year after the employee organization is not certified in a
22certification election. The division makes additional changes
23relating to the scheduling of decertification elections.
24EMPLOYEE ORGANIZATION DUES. The division strikes a
25prohibition on public entities authorizing or administering
26a deduction from the salaries or wages of its employees for
27membership dues to an employee organization. The division
28provides procedures for administering such dues deductions.
29PERB DUTIES. The division provides that the PERB may
30interpret and apply, as well as administer, Code chapter 20.
31The division strikes language permitting the PERB to
32appoint a certified shorthand reporter to report state employee
33grievance and discipline resolution proceedings, to contract
34with a vendor to conduct elections, to establish fees to cover
35the cost of elections, and to retain certain funds collected by
-40-1the PERB as repayment receipts.
2STATEWIDE COLLECTIVE BARGAINING AGREEMENTS FOLLOWING A
3GUBERNATORIAL ELECTION YEAR. The division strikes language
4providing for modified collective bargaining procedures for a
5proposed, statewide collective bargaining agreement to become
6effective in the year following a general election in which the
7governor and certain other elected officials are elected.
8CONFIDENTIAL RECORDS. The division strikes language
9providing that certain information relating to elections
10conducted by the PERB is a confidential record under Code
11chapter 22, the state open records law.
12MISCELLANEOUS PROVISIONS RELATING TO PUBLIC EMPLOYEE
13COLLECTIVE BARGAINING. The division strikes a definition of
14“supplemental pay”.
15The division strikes language providing that a public
16employer has the right to evaluate public employees in
17positions within the public agency. The division strikes
18language providing that a public employee has the right under
19Code section 20.8 to exercise any right or seek any remedy
20provided by law, including but not limited to Code sections
2170A.28 and 70A.29, Code chapter 8A, subchapter IV, and Code
22chapters 216 and 400.
23The division transfers language in Code section 20.10
24prohibiting a public employee or any employee organization
25from negotiating or attempting to negotiate directly with a
26member of the governing board of a public employer if the
27public employer has appointed or authorized a bargaining
28representative for the purpose of bargaining with the public
29employees or their representative to Code section 20.17.
30The division decreases the amount of time before an employee
31organization decertified as the exclusive representative of a
32bargaining unit for violating an injunction against an unlawful
33strike can be certified again from 24 months to 12 months.
34The division strikes language prohibiting voluntary
35contributions by individuals to political parties or candidates
-41-1through payroll deductions.
2The division strikes a requirement that a copy of a final
3collective bargaining agreement be filed with the PERB by
4the public employer within 10 days of the agreement being
5entered into. The division strikes a requirement that the
6PERB maintain an internet site that allows searchable access
7to a database of collective bargaining agreements and other
8collective bargaining information.
9The division changes the period before retirement for a
10prohibited voluntary reduction to a nonsupervisory rank or
11grade by a supervisor and related ineligibility for benefits
12from 36 months to six months.
13The division strikes language providing that a mediator
14shall not be required to testify in any arbitration proceeding
15regarding any matters occurring in the course of a mediation.
16The division requires a council, board of waterworks, or
17other board or commission which establishes a pension and
18annuity retirement system pursuant to Code chapter 412 to
19negotiate in good faith with a certified employee organization
20which is the collective bargaining representative of the
21employees, with respect to the amount or rate of the assessment
22on the wages and salaries of employees and the method or
23methods for payment of the assessment by the employees.
24The division makes additional conforming changes.
25TRANSITION PROVISIONS — DEADLINE. The division requires
26parties, mediators, and arbitrators engaging in any collective
27bargaining procedures provided for in Code chapter 20, Code
282019, who have not, before the effective date of the division,
29completed such procedures, to immediately terminate any such
30procedures in process as of the effective date of the division.
31The division provides that a collective bargaining agreement
32negotiated pursuant to such procedures in process shall not
33become effective. The division prohibits parties, mediators,
34and arbitrators from engaging in further collective bargaining
35procedures except as provided in the division. The division
-42-1requires such parties to commence collective bargaining in
2accordance with Code section 20.17, as amended by the division.
3The division requires such parties to complete such bargaining
4not later than June 30, 2019, unless the parties mutually agree
5to a different deadline.
6The division requires the PERB to adopt emergency rules to
7implement these requirements. The division also requires the
8department of administrative services to adopt emergency rules
9to implement the provisions of the division relating to dues
10deductions.
11EFFECTIVE DATE AND APPLICABILITY PROVISIONS. The division
12takes effect upon enactment.
13With the exception of the section of the division amending
14Code section 20.6, subsection 1, the division does not apply
15to collective bargaining agreements which have been ratified
16in a ratification election, for which an arbitrator has made
17a final determination, or which have become effective, where
18such events occurred before the effective date of the division.
19The division applies to all collective bargaining procedures
20provided for in Code chapter 20 occurring on and after the
21effective date of the division and collective bargaining
22agreements for which a ratification election is held, for which
23an arbitrator makes a final determination, or which become
24effective on or after the effective date of the division.
25DIVISION II — EDUCATOR EMPLOYMENT MATTERS. This division
26makes a variety of changes relating to educator employment
27matters.
28TERMINATION OF TEACHER EMPLOYMENT CONTRACTS. The division
29makes various changes relating to the termination of teacher
30employment contracts.
31The division shortens various procedural deadlines
32regarding private hearings held after a superintendent
33recommends termination of a teacher’s employment contract.
34The division makes participation in such a private hearing
35by the superintendent, the superintendent’s designated
-43-1representatives, the teacher’s immediate supervisor, the
2teacher, and the teacher’s representatives mandatory on the
3part of those individuals instead of discretionary. The
4division requires that the school board employ a certified
5shorthand reporter to keep a record of a private hearing.
6The division requires the school board to issue subpoenas
7for witnesses and evidence on behalf of the board and the
8teacher. The division provides for a judicial remedy if a
9witness appears and refuses to testify or to produce required
10books or papers at a private hearing. The division authorizes
11the superintendent and the teacher to file written briefs and
12arguments with the board at the conclusion of the private
13hearing. The division provides deadlines for determining
14the status of the teacher’s contract if the teacher does not
15request a private hearing. The division requires that the
16decision of the board include findings of fact and conclusions
17of law. The division strikes language authorizing a school
18board which votes to continue a teacher’s contract to issue
19the teacher a one-year, nonrenewable contract. The division
20permits a teacher to appeal the board’s determination to an
21adjudicator and provides procedures for such appeals.
22TEACHER PROBATIONARY PERIODS. The division makes various
23changes relating to probationary employment of teachers.
24The division decreases from two years to one year the
25length of a teacher’s probationary employment period in a
26school district if the teacher has successfully completed a
27probationary period of employment for another school district
28located in Iowa.
29The division provides that requirements for notices of
30termination, private hearings, and appeals applicable to
31nonprobationary teachers whose employment contracts are
32terminated are applicable to probationary teachers whose
33employment contracts are terminated. The division strikes
34alternative procedures for the termination of employment
35contracts of such probationary teachers, including notification
-44-1procedures and the opportunity to request a private conference
2with the school board.
3EXTRACURRICULAR INTERSCHOLASTIC ATHLETIC COACH CONTRACTS.
4 The division makes various changes relating to extracurricular
5interscholastic athletic coach employment contracts.
6The division provides that wages for such coaches shall be
7paid pursuant to established or negotiated supplemental pay
8schedules. The division provides that employment contracts
9of such coaches shall be continued automatically in force and
10effect for equivalent periods and that the termination of such
11contracts follows procedures similar to those used for teacher
12contracts. The division strikes language providing that
13employment contracts of such coaches may be terminated prior to
14their expiration for any lawful reason following an informal,
15private hearing before the school board. The division strikes
16language providing that the decision of the school board to
17terminate such a contract is final.
18SCHOOL ADMINISTRATOR EMPLOYMENT MATTERS. The division makes
19various changes relating to school administrator employment
20matters.
21The division provides that the rate of compensation in an
22administrator’s employment contract must be on a weekly or
23monthly basis.
24The division strikes language authorizing a school board to
25issue a temporary employment contract to an administrator for
26a period of up to nine months.
27The division strikes language authorizing a school board to
28issue a one-year, nonrenewable employment contract and instead
29authorizes a school board considering the termination of an
30administrator’s contract and the administrator to mutually
31agree to enter into such a contract.
32The division decreases the probationary employment period
33for administrators from three years to two years and authorizes
34a school board to waive the probationary period for an
35administrator who previously served a probationary period in
-45-1another school district.
2The division strikes language providing that a hearing
3before an administrative law judge requested by an
4administrator whose employment contract a school board is
5considering terminating shall be a private hearing. The
6division reduces certain procedural deadlines relating to such
7hearings. The division strikes language providing that any
8witnesses for the parties at the hearing shall be sequestered.
9The division requires that the decision of the board include
10findings of fact and conclusions of law. The division strikes
11language authorizing a school board which votes to continue an
12administrator’s contract to issue the administrator a one-year,
13nonrenewable contract.
14INTENSIVE ASSISTANCE PROGRAMS. The division makes various
15changes relating to intensive assistance programs.
16The division strikes language providing that a teacher who
17has previously participated in an intensive assistance program
18relating to particular Iowa teaching standards or criteria
19shall not be entitled to participate in another intensive
20assistance program relating to the same standards or criteria.
21The division strikes language providing that following a
22teacher’s participation in an intensive assistance program, the
23teacher shall be reevaluated to determine whether the teacher
24successfully completed the intensive assistance program and
25is meeting district expectations under the applicable Iowa
26teaching standards or criteria. The division strikes language
27providing that if the teacher did not successfully complete
28the intensive assistance program or continues not to meet the
29applicable Iowa teaching standards or criteria, the board may
30initiate procedures to terminate the teacher’s employment
31contract immediately or at the end of the school year or may
32continue the teacher’s contract for a period not to exceed one
33year on a nonrenewable basis and without the right to a private
34hearing.
35MISCELLANEOUS PROVISIONS RELATING TO EDUCATOR EMPLOYMENT
-46-1MATTERS. The division strikes language authorizing a school
2board to issue a temporary employment contract to a teacher for
3a period of up to six months.
4The division strikes language providing that just cause
5for which a teacher may be discharged at any time during the
6contract year under Code section 279.27 includes but is not
7limited to a violation of the code of professional conduct
8and ethics of the board of educational examiners if the board
9has taken disciplinary action against a teacher during the
10six months following issuance by the board of a final written
11decision and finding of fact after a disciplinary proceeding.
12The division either authorizes or requires a school board
13and its certified bargaining representative to negotiate
14various matters pursuant to Code chapter 20.
15The division makes additional conforming changes.
16EFFECTIVE DATE AND APPLICABILITY PROVISIONS. The division
17takes effect upon enactment.
18The division applies to employment contracts of school
19employees entered into pursuant to Code chapter 279 on and
20after the effective date of the division. The division does
21not apply to collective bargaining agreements pursuant to Code
22chapter 20 which have been ratified in a ratification election,
23for which an arbitrator has made a final determination, or
24which have become effective, where such events occurred before
25the effective date of the division. The division applies to
26all collective bargaining procedures provided for in Code
27chapter 20 occurring on and after the effective date of the
28division and collective bargaining agreements pursuant to Code
29chapter 20 for which a ratification election is held, for which
30an arbitrator makes a final determination, or which become
31effective on or after the effective date of the division.
32DIVISION III — PERSONNEL RECORDS AND SETTLEMENT AGREEMENTS.
33 This division makes changes relating to public employee
34personnel records and settlement agreements.
35PERSONNEL RECORDS. The division strikes language providing
-47-1that certain information relating to the discipline,
2resignation, discharge, or demotion of a public employee is a
3public record and requiring notice to affected employees.
4PERSONNEL SETTLEMENT AGREEMENTS. The division also strikes
5language prohibiting a personnel settlement agreement between
6the state and a state executive branch employee that contains
7confidentiality or nondisclosure provisions that attempt to
8prevent the disclosure of the agreement.
9EFFECTIVE DATE AND APPLICABILITY PROVISIONS. The division
10takes effect upon enactment.
11The division applies to requests for records submitted on or
12after the effective date of the division.
13DIVISION IV — CITY CIVIL SERVICE REQUIREMENTS. This
14division makes a variety of changes relating to city civil
15service requirements under Code chapter 400.
16SENIORITY RIGHTS. The division strikes language permitting
17a city council to extinguish statutory seniority rights of
18all city civil service employees who are not employed or
19appointed as a fire fighter or police officer, fire chief or
20police chief, or assistant fire chief or assistant police
21chief, unless otherwise provided in a collective bargaining
22agreement. The division reestablishes any such rights so
23extinguished, including accrual of seniority during the period
24of extinguishment.
25ADVERSE EMPLOYMENT ACTIONS — GROUNDS AND PROCEDURES.The
26division provides that adverse employment action may be taken
27against a city civil service employee for neglect of duty,
28disobedience, misconduct, or failure to properly perform the
29person’s duties. The division strikes language permitting
30such action to be taken due to any act or failure to act by
31the employee that is in contravention of law, city policies,
32or standard operating procedures, or that in the judgment
33of the person having the appointing power as provided in
34this Code chapter, or the chief of police or chief of the
35fire department, is sufficient to show that the employee is
-48-1unsuitable or unfit for employment.
2The division strikes language providing that the scope of
3review for an appeal to district court from a civil service
4commission shall be limited to de novo appellate review without
5a trial or additional evidence, instead providing that the
6appeal shall be a trial de novo as an equitable action.
7DIMINUTION OF EMPLOYEES. The division provides that a
8diminution of city employees by a city council can only be
9implemented when the public interest requires. The division
10permits a diminution to be carried out either by abolishing
11an office and removing the employee from the employee’s
12classification or grade thereunder, or reducing the number of
13employees in any classification or grade by suspending the
14necessary number. The division provides for such removal to be
15carried out based on seniority and requires that employees so
16removed be placed on a preferred list for at least three years
17for purposes of appointments or promotions made during that
18period to the person’s former duties.
19MISCELLANEOUS PROVISIONS. The division makes changes in
20terminology relating to adverse employment actions for city
21civil service employees.
22The division makes additional conforming changes.
23EFFECTIVE DATE AND APPLICABILITY PROVISIONS. The division
24takes effect upon enactment.
25The division applies to employment actions taken on or after
26the effective date of the division.
27DIVISION V — HEALTH INSURANCE MATTERS. This division
28strikes a requirement that a public employer shall offer health
29insurance to all permanent, full-time public employees employed
30by the public employer.
31EFFECTIVE DATE. The division takes effect upon enactment.
-49-je/rn
2including collective bargaining, educator employment
3matters, personnel records and settlement agreements, city
4civil service requirements, and health insurance matters,
5and including effective date, applicability, and transition
6provisions.
7BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2PUBLIC EMPLOYEE COLLECTIVE BARGAINING
3 Section 1. Section 20.3, subsections 11 and 13, Code 2019,
4are amended by striking the subsections.
5 Sec. 2. Section 20.6, subsection 1, Code 2019, is amended
6to read as follows:
71. Administer Interpret, apply, and administer the
8provisions of this chapter.
9 Sec. 3. Section 20.6, subsections 6 and 7, Code 2019, are
10amended by striking the subsections.
11 Sec. 4. Section 20.7, subsection 2, Code 2019, is amended
12to read as follows:
132. Hire, evaluate, promote, demote, transfer, assign, and
14retain public employees in positions within the public agency.
15 Sec. 5. Section 20.8, subsection 5, Code 2019, is amended by
16striking the subsection.
17 Sec. 6. Section 20.9, Code 2019, is amended by striking the
18section and inserting in lieu thereof the following:
1920.9 Scope of negotiations.
201. The public employer and the employee organization
21shall meet at reasonable times, including meetings reasonably
22in advance of the public employer’s budget-making process,
23to negotiate in good faith with respect to wages, hours,
24vacations, insurance, holidays, leaves of absence, shift
25differentials, overtime compensation, supplemental pay,
26seniority, transfer procedures, job classifications, health and
27safety matters, evaluation procedures, procedures for staff
28reduction, in-service training, and other matters mutually
29agreed upon. Negotiations shall also include terms authorizing
30dues checkoff for members of the employee organization and
31grievance procedures for resolving any questions arising under
32the agreement, which shall be embodied in a written agreement
33and signed by the parties. If an agreement provides for dues
34checkoff, a member’s dues may be checked off only upon the
35member’s written request and the member may terminate the dues
-1-1checkoff at any time by giving thirty days’ written notice.
2Such obligation to negotiate in good faith does not compel
3either party to agree to a proposal or make a concession.
42. Nothing in this section shall diminish the authority
5and power of the department of administrative services, board
6of regents’ merit system, Iowa public broadcasting board’s
7merit system, or any civil service commission established by
8constitutional provision, statute, charter, or special act to
9recruit employees, prepare, conduct and grade examinations,
10rate candidates in order of their relative scores for
11certification for appointment or promotion or for other matters
12of classification, reclassification or appeal rights in the
13classified service of the public employer served.
143. All retirement systems shall be excluded from the scope
15of negotiations.
16 Sec. 7. Section 20.10, subsection 3, paragraph j, Code 2019,
17is amended by striking the paragraph.
18 Sec. 8. Section 20.12, subsection 5, Code 2019, is amended
19to read as follows:
205. If an employee organization or any of its officers
21is held to be in contempt of court for failure to comply
22with an injunction pursuant to this section, or is convicted
23of violating this section, the employee organization shall
24be immediately decertified, shall cease to represent the
25bargaining unit, shall cease to receive any dues by checkoff,
26 and may again be certified only after twenty-four twelve months
27have elapsed from the effective date of decertification and
28only if after a new petition for certification pursuant to
29 compliance with section 20.14 is filed and a new certification
30election pursuant to section 20.15 is held. The penalties
31provided in this section may be suspended or modified by the
32court, but only upon request of the public employer and only
33if the court determines the suspension or modification is in
34the public interest.
35 Sec. 9. Section 20.15, Code 2019, is amended by striking the
-2-1section and inserting in lieu thereof the following:
220.15 Elections.
31. Upon the filing of a petition for certification of an
4employee organization, the board shall submit a question to
5the public employees at an election in the bargaining unit
6found appropriate by the board. The question on the ballot
7shall permit the public employees to vote for no bargaining
8representation or for any employee organization which has
9petitioned for certification or which has presented proof
10satisfactory to the board of support of ten percent or more of
11the public employees in the appropriate unit.
122. If a majority of the votes cast on the question is
13for no bargaining representation, the public employees in
14the bargaining unit found appropriate by the board shall not
15be represented by an employee organization. If a majority
16of the votes cast on the question is for a listed employee
17organization, then that employee organization shall represent
18the public employees in the bargaining unit found appropriate
19by the board.
203. If none of the choices on the ballot receive the vote
21of a majority of the public employees voting, the board shall
22conduct a runoff election among the two choices receiving the
23greatest number of votes.
244. Upon written objections filed by any party to the
25election within ten days after notice of the results of
26the election, if the board finds that misconduct or other
27circumstances prevented the public employees eligible to
28vote from freely expressing their preferences, the board may
29invalidate the election and hold a second election for the
30public employees.
315. Upon completion of a valid election in which the majority
32choice of the employees voting is determined, the board shall
33certify the results of the election and shall give reasonable
34notice of the order to all employee organizations listed on the
35ballot, the public employers, and the public employees in the
-3-1appropriate bargaining unit.
26. a. A petition for certification as exclusive bargaining
3representative of a bargaining unit shall not be considered
4by the board for a period of one year from the date of the
5noncertification of an employee organization as the exclusive
6bargaining representative of that bargaining unit following a
7certification election. A petition for certification as the
8exclusive bargaining representative of a bargaining unit shall
9also not be considered by the board if the bargaining unit is
10at that time represented by a certified exclusive bargaining
11representative.
12b. A petition for the decertification of the exclusive
13bargaining representative of a bargaining unit shall not be
14considered by the board for a period of one year from the date
15of its certification, or within one year of its continued
16certification following a decertification election, or during
17the duration of a collective bargaining agreement which, for
18purposes of this section, shall be deemed not to exceed two
19years. However, if a petition for decertification is filed
20during the duration of a collective bargaining agreement, the
21board shall award an election under this section not more than
22one hundred eighty days and not less than one hundred fifty
23days prior to the expiration of the collective bargaining
24agreement. If an employee organization is decertified, the
25board may receive petitions under section 20.14, provided that
26no such petition and no election conducted pursuant to such
27petition within one year from decertification shall include as
28a party the decertified employee organization.
29c. A collective bargaining agreement with the state, its
30boards, commissions, departments, and agencies shall be for two
31years. The provisions of a collective bargaining agreement or
32arbitrator’s award affecting state employees shall not provide
33for renegotiations which would require the refinancing of
34salary and fringe benefits for the second year of the term of
35the agreement, except as provided in section 20.17, subsection
-4-16. The effective date of any such agreement shall be July 1 of
2odd-numbered years, provided that if an exclusive bargaining
3representative is certified on a date which will prevent the
4negotiation of a collective bargaining agreement prior to
5July 1 of odd-numbered years for a period of two years, the
6certified collective bargaining representative may negotiate
7a one-year contract with the public employer which shall be
8effective from July 1 of the even-numbered year to July 1
9of the succeeding odd-numbered year when new contracts shall
10become effective.
11 Sec. 10. Section 20.17, subsection 8, Code 2019, is amended
12by striking the subsection and inserting in lieu thereof the
13following:
148. The salaries of all public employees of the state under
15a merit system and all other fringe benefits which are granted
16to all public employees of the state shall be negotiated with
17the governor or the governor’s designee on a statewide basis,
18except those benefits which are not subject to negotiations
19pursuant to the provisions of section 20.9.
20 Sec. 11. Section 20.17, Code 2019, is amended by adding the
21following new subsection:
22 NEW SUBSECTION. 8A. A public employee or any employee
23organization shall not negotiate or attempt to negotiate
24directly with a member of the governing board of a public
25employer if the public employer has appointed or authorized
26a bargaining representative for the purpose of bargaining
27with the public employees or their representative, unless the
28member of the governing board is the designated bargaining
29representative of the public employer.
30 Sec. 12. Section 20.22, subsections 2, 3, 7, 9, and 10, Code
312019, are amended to read as follows:
322. Each party shall serve its final offer on each of
33the impasse items upon the other party within four days of
34the board’s receipt of the request for arbitration, or by a
35deadline otherwise agreed upon by the parties. The parties may
-5-1continue to negotiate all offers until an agreement is reached
2or an award is rendered by the arbitrator. The full costs of
3arbitration under this section shall be shared equally by the
4parties to the dispute.
53. The submission of the impasse items to the arbitrator
6shall be limited to those items upon which the parties have
7not reached agreement. With respect to each such item, the
8arbitrator’s award shall be restricted to the final offers on
9each impasse item submitted by the parties to the arbitrator,
10except as provided in subsection 10, paragraph “b”.
117. For an arbitration involving a bargaining unit that
12has at least thirty percent of members who are public safety
13employees, the The arbitrator shall consider and specifically
14address in the arbitrator’s determination, in addition to any
15other relevant factors, the following factors:
16a. Past collective bargaining contracts between the parties
17including the bargaining that led up to such contracts.
18b. Comparison of wages, hours, and conditions of employment
19of the involved public employees with those of other public
20employees doing comparable work, giving consideration to
21factors peculiar to the area and the classifications involved.
22c. The interests and welfare of the public, the ability of
23the public employer to finance economic adjustments, and the
24effect of such adjustments on the normal standard of services.
25d. The power of the public employer to levy taxes and
26appropriate funds for the conduct of its operations.
279. a. The arbitrator may administer oaths, examine
28witnesses and documents, take testimony and receive evidence,
29and issue subpoenas to compel the attendance of witnesses and
30the production of records. The arbitrator may petition the
31district court at the seat of government or of the county
32in which the hearing is held to enforce the order of the
33arbitrator compelling the attendance of witnesses and the
34production of records.
35b. Except as required for purposes of the consideration of
-6-1the factors specified in subsection 7, paragraphs “a” through
2“c”, and subsection 8, paragraph “a”, subparagraphs (1) through
3(3), the parties shall not introduce, and the arbitrator
4shall not accept or consider, any direct or indirect evidence
5regarding any subject excluded from negotiations pursuant to
6section 20.9.
710. a. The arbitrator shall select within fifteen
8days after the hearing the most reasonable offer, in the
9arbitrator’s judgment, of the final offers on each impasse item
10submitted by the parties.
11b. (1) However, for an arbitration involving a bargaining
12unit that does not have at least thirty percent of members who
13are public safety employees, with respect to any increase in
14base wages, the arbitrator’s award shall not exceed the lesser
15of the following percentages in any one-year period in the
16duration of the bargaining agreement:
17(a) Three percent.
18(b) A percentage equal to the increase in the consumer
19price index for all urban consumers for the midwest region,
20if any, as determined by the United States department of
21labor, bureau of labor statistics, or a successor index. Such
22percentage shall be the change in the consumer price index
23for the twelve-month period beginning eighteen months prior
24to the month in which the impasse item regarding base wages
25was submitted to the arbitrator and ending six months prior to
26the month in which the impasse item regarding base wages was
27submitted to the arbitrator.
28(2) To assist the parties in the preparation of their final
29offers on an impasse item regarding base wages, the board
30shall provide information to the parties regarding the change
31in the consumer price index for all urban consumers for the
32midwest region for any twelve-month period. The department of
33workforce development shall assist the board in preparing such
34information upon request.
35 Sec. 13. Section 20.22, subsection 8, Code 2019, is amended
-7-1by striking the subsection.
2 Sec. 14. Section 20.26, subsection 4, Code 2019, is amended
3to read as follows:
44. Nothing in this section shall be construed to prohibit
5voluntary contributions by individuals to political parties
6or candidates, provided that such contributions are not made
7through payroll deductions.
8 Sec. 15. Section 20.29, Code 2019, is amended to read as
9follows:
1020.29 Filing agreement — public access — internet site.
111. Collective bargaining agreements shall be in writing and
12shall be signed by the parties.
132. A copy of a collective bargaining agreement entered into
14between a public employer and a certified employee organization
15and made final under this chapter shall be filed with the board
16by the public employer within ten days of the date on which the
17agreement is entered into.
183. Copies of collective bargaining agreements entered
19into between the state and the state employees’ bargaining
20representatives and made final under this chapter shall be
21filed with the secretary of state and be made available to the
22public at cost.
234. The board shall maintain an internet site that allows
24searchable access to a database of collective bargaining
25agreements and other collective bargaining information.
26 Sec. 16. Section 20.30, Code 2019, is amended by striking
27the section and inserting in lieu thereof the following:
2820.30 Supervisory member — no reduction before retirement.
29A supervisory member of any department or agency employed by
30the state of Iowa shall not be granted a voluntary reduction to
31a nonsupervisory rank or grade during the six months preceding
32retirement of the member. A member of any department or agency
33employed by the state of Iowa who retires in less than six
34months after voluntarily requesting and receiving a reduction
35in rank or grade from a supervisory to a nonsupervisory
-8-1position shall be ineligible for a benefit to which the member
2is entitled as a nonsupervisory member but is not entitled as a
3supervisory member.
4The provisions of this section shall be effective during the
5collective bargaining agreement in effect from July 1, 1979,
6to June 30, 1981.
7 Sec. 17. Section 20.31, subsection 2, unnumbered paragraph
81, Code 2019, is amended to read as follows:
9A mediator shall not be required to testify in any judicial,
10administrative, arbitration, or grievance proceeding regarding
11any matters occurring in the course of a mediation, including
12any verbal or written communication or behavior, other than
13facts relating exclusively to the timing or scheduling of
14mediation. A mediator shall not be required to produce or
15disclose any documents, including notes, memoranda, or other
16work product, relating to mediation, other than documents
17relating exclusively to the timing or scheduling of mediation.
18This subsection shall not apply in any of the following
19circumstances:
20 Sec. 18. Section 22.7, subsection 69, Code 2019, is amended
21to read as follows:
2269. The evidence of public employee support for
23the certification, retention and recertification, or
24decertification of an employee organization as defined in
25section 20.3 that is submitted to the public employment
26relations board as provided in section 20.14 or 20.15.
27 Sec. 19. Section 22.7, subsection 70, Code 2019, is amended
28by striking the subsection.
29 Sec. 20. Section 70A.17A, Code 2019, is amended by adding
30the following new subsection:
31 NEW SUBSECTION. 3. This section shall not affect a payroll
32deduction elected by a state employee pursuant to section
3370A.19.
34 Sec. 21. Section 70A.19, Code 2019, is amended by striking
35the section and inserting in lieu thereof the following:
-9- 170A.19 Duration of state payroll deduction for dues of
2employee organization member.
3A state employee who elects a payroll deduction for
4membership dues to an employee organization pursuant to the
5provisions of a collective bargaining agreement negotiated
6under the provisions of chapter 20 shall maintain the deduction
7for a period of one year or until the expiration of the
8collective bargaining agreement, whichever occurs first. A
9state employee who transfers employment to a position covered
10by a different collective bargaining agreement or who becomes
11a management employee is not subject to this requirement.
12With respect to state employees, this section supersedes the
13provisions of section 20.9 allowing termination of a dues
14checkoff at any time but does not supersede the requirement for
15thirty days’ written notice of termination.
16 Sec. 22. Section 412.2, subsection 1, Code 2019, is amended
17to read as follows:
181. From the proceeds of the assessments on the wages
19and salaries of employees, of any such waterworks system,
20or other municipally owned and operated public utility,
21eligible to receive the benefits thereof. Notwithstanding
22any provisions of section 20.9 to the contrary, a council,
23board of waterworks, or other board or commission which
24establishes a pension and annuity retirement system pursuant to
25this chapter, shall negotiate in good faith with a certified
26employee organization as defined in section 20.3, which is the
27collective bargaining representative of the employees, with
28respect to the amount or rate of the assessment on the wages
29and salaries of employees and the method or methods for payment
30of the assessment by the employees.
31 Sec. 23. Section 602.1401, subsection 3, paragraph b, Code
322019, is amended to read as follows:
33b. For purposes of chapter 20, the certified representative,
34which on July 1, 1983, represents employees who become judicial
35branch employees as a result of 1983 Iowa Acts, ch.186, shall
-10-1remain the certified representative when the employees become
2judicial branch employees and thereafter, unless the public
3employee organization is not retained and recertified or is
4 decertified in an election held under section 20.15 or amended
5or absorbed into another certified organization pursuant to
6chapter 20. Collective bargaining negotiations shall be
7conducted on a statewide basis and the certified employee
8organizations which engage in bargaining shall negotiate on a
9statewide basis, although bargaining units shall be organized
10by judicial district. The public employment relations board
11shall adopt rules pursuant to chapter 17A to implement this
12subsection.
13 Sec. 24. REPEAL. Sections 20.32 and 20.33, Code 2019, are
14repealed.
15 Sec. 25. TRANSITION PROCEDURES — DEADLINE — EMERGENCY
16RULES.
171. As of the effective date of this division of this Act,
18parties, mediators, and arbitrators engaging in any collective
19bargaining procedures provided for in chapter 20, Code 2019,
20who have not, before the effective date of this division
21of this Act, completed such procedures, shall immediately
22terminate any such procedures in process. A collective
23bargaining agreement negotiated pursuant to such procedures in
24process shall not become effective. Parties, mediators, and
25arbitrators shall not engage in further collective bargaining
26procedures except as provided in this section. Such parties
27shall commence collective bargaining in accordance with section
2820.17, as amended in this division of this Act. Such parties
29shall complete such bargaining not later than June 30, 2019,
30unless the parties mutually agree to a different deadline.
312. The public employment relations board shall adopt
32emergency rules under section 17A.4, subsection 3, and section
3317A.5, subsection 2, paragraph “b”, to provide for procedures
34as deemed necessary to implement the provisions of this section
35and the rules shall be effective immediately upon filing
-11-1unless a later date is specified in the rules. Such rules
2shall include but are not limited to alternative deadlines for
3completion of the procedures provided in sections 20.17 and
420.22, as amended by this division of this Act, and sections
520.19 and 20.20, which deadlines may be waived by mutual
6agreement of the parties.
73. The department of administrative services shall adopt
8emergency rules under section 17A.4, subsection 3, and
9section 17A.5, subsection 2, paragraph “b”, to provide for the
10implementation of section 70A.19, as amended by this division
11of this Act, and the rules shall be effective immediately upon
12filing unless a later date is specified in the rules.
13 Sec. 26. ELECTIONS — DIRECTIVES TO PUBLIC EMPLOYMENT
14RELATIONS BOARD.
151. The public employment relations board shall cancel any
16elections scheduled or in process pursuant to section 20.15,
17subsection 2, Code 2019, as of the effective date of this Act.
182. Notwithstanding section 20.15, subsection 1, paragraph
19“c”, Code 2019, the public employment relations board
20shall consider a petition for certification of an employee
21organization as the exclusive representative of a bargaining
22unit for which an employee organization was not retained and
23recertified as the exclusive representative of that bargaining
24unit regardless of the amount of time that has elapsed since
25the retention and recertification election at which an employee
26organization was not retained or recertified.
27 Sec. 27. EFFECTIVE DATE. This division of this Act, being
28deemed of immediate importance, takes effect upon enactment.
29 Sec. 28. APPLICABILITY. With the exception of the
30section of this division of this Act amending section 20.6,
31subsection 1, this division of this Act does not apply to
32collective bargaining agreements which have been ratified in a
33ratification election referred to in section 20.17, subsection
344, for which an arbitrator has made a final determination as
35described in section 20.22, subsection 11, or which have become
-12-1effective, where such events occurred before the effective
2date of this division of this Act. This division of this Act
3applies to all collective bargaining procedures provided for in
4chapter 20 occurring on and after the effective date of this
5division of this Act and collective bargaining agreements for
6which a ratification election referred to in section 20.17,
7subsection 4, is held, for which an arbitrator makes a final
8determination as described in section 20.22, subsection 11, or
9which become effective on or after the effective date of this
10division of this Act.
11DIVISION II
12EDUCATOR EMPLOYMENT MATTERS
13 Sec. 29. Section 279.13, subsections 2 and 5, Code 2019, are
14amended to read as follows:
152. The contract shall remain in force and effect for the
16period stated in the contract and shall be automatically
17continued for equivalent periods except as modified or
18terminated by mutual agreement of the board of directors and
19the teacher or as modified or terminated in accordance with
20the provisions specified in this chapter. A contract shall
21not be offered by the employing board to a teacher under its
22jurisdiction prior to March 15 of any year. A teacher who has
23not accepted a contract for the ensuing school year tendered
24by the employing board may resign effective at the end of the
25current school year by filing a written resignation with the
26secretary of the board. The resignation must be filed not
27later than the last day of the current school year or the date
28specified by the employing board for return of the contract,
29whichever date occurs first. However, a teacher shall not be
30required to return a contract to the board or to resign less
31than twenty-one days after the contract has been offered.
325. Notwithstanding the other provisions of this section, a
33temporary contract may be issued to a teacher for a period of
34up to six months. Notwithstanding the other provisions of this
35section, a temporary contract may also be issued to a teacher
-13-1 to fill a vacancy created by a leave of absence in accordance
2with the provisions of section 29A.28, which contract shall
3automatically terminate upon return from military leave of the
4former incumbent of the teaching position. Temporary contracts
5 and which contract shall not be subject to the provisions of
6sections 279.15 through 279.19, or section 279.27. A separate
7extracurricular contract issued pursuant to section 279.19A to
8a person issued a temporary contract under this section shall
9automatically terminate with the termination of the temporary
10contract as required under section 279.19A, subsection 8.
11 Sec. 30. Section 279.13, subsection 4, unnumbered paragraph
121, Code 2019, is amended to read as follows:
13For purposes of this section, sections 279.14, 279.15,
14279.16 through 279.17, 279.19, and 279.27, unless the context
15otherwise requires, “teacher” includes the following individuals
16employed by a community college:
17 Sec. 31. Section 279.14, Code 2019, is amended to read as
18follows:
19279.14 Evaluation criteria and procedures.
201. The board shall establish evaluation criteria and shall
21implement evaluation procedures. If an exclusive bargaining
22representative has been certified, the board shall negotiate
23in good faith with respect to evaluation procedures pursuant
24to chapter 20.
252. The determination of standards of performance expected
26of school district personnel shall be reserved as an exclusive
27management right of the school board and shall not be subject
28to mandatory negotiations under chapter 20. Objections
29 Notwithstanding chapter 20, objections to the procedures,
30use, or content of an evaluation in a teacher termination
31proceeding brought before the school board in a hearing held in
32accordance with section 279.16 or 279.27 shall not be subject
33to any the grievance procedures negotiated in accordance with
34chapter 20. A school district shall not be obligated to
35process any evaluation grievance after service of a notice and
-14-1recommendation to terminate an individual’s continuing teaching
2contract in accordance with this chapter.
3 Sec. 32. Section 279.15, subsection 2, paragraph c, Code
42019, is amended to read as follows:
5c. Within five days of the receipt of the written notice
6that the superintendent is recommending termination of the
7contract, the teacher may request, in writing to the secretary
8of the board, a private hearing with the board. The private
9hearing shall not be subject to chapter 21 and shall be held
10no sooner than twenty ten days and no later than forty twenty
11 days following the receipt of the request unless the parties
12otherwise agree. The secretary of the board shall notify the
13teacher in writing of the date, time, and location of the
14private hearing, and at least ten five days before the hearing
15shall also furnish to the teacher any documentation which
16may be presented to the board at the private hearing and a
17list of persons who may address the board in support of the
18superintendent’s recommendation at the private hearing. At
19least seven three days before the hearing, the teacher shall
20provide any documentation the teacher expects to present at
21the private hearing, along with the names of any persons who
22may address the board on behalf of the teacher. This exchange
23of information shall be at the time specified unless otherwise
24agreed.
25 Sec. 33. Section 279.16, Code 2019, is amended by striking
26the section and inserting in lieu thereof the following:
27279.16 Private hearing — decision — record.
281. The participants at the private hearing shall be
29at least a majority of the members of the board, their
30legal representatives, if any, the superintendent, the
31superintendent’s designated representatives, if any, the
32teacher’s immediate supervisor, the teacher, the teacher’s
33representatives, if any, and the witnesses for the parties.
34The evidence at the private hearing shall be limited to the
35specific reasons stated in the superintendent’s notice of
-15-1recommendation of termination. No participant in the hearing
2shall be liable for any damages to any person if any statement
3at the hearing is determined to be erroneous as long as the
4statement was made in good faith. The superintendent shall
5present evidence and argument on all issues involved and
6the teacher may cross-examine, respond and present evidence
7and argument in the teacher’s behalf relevant to all issues
8involved. Evidence may be by stipulation of the parties and
9informal settlement may be made by stipulation, consent, or
10default or by any other method agreed upon by the parties in
11writing. The board shall employ a certified shorthand reporter
12to keep a record of the private hearing. The proceedings
13or any part thereof shall be transcribed at the request of
14either party with the expense of transcription charged to the
15requesting party.
162. The presiding officer of the board may administer oaths
17in the same manner and with like effect and under the same
18penalties as in the case of magistrates exercising criminal
19or civil jurisdiction. The board shall cause subpoenas to be
20issued for such witnesses and the production of such books
21and papers as either the board or the teacher may designate.
22The subpoenas shall be signed by the presiding officer of the
23board.
243. In case a witness is duly subpoenaed and refuses to
25attend, or in case a witness appears and refuses to testify
26or to produce required books or papers, the board shall,
27in writing, report such refusal to the district court of
28the county in which the administrative office of the school
29district is located, and the court shall proceed with the
30person or witness as though the refusal had occurred in a
31proceeding legally pending before the court.
324. The board shall not be bound by common law or statutory
33rules of evidence or by technical or formal rules of procedure,
34but it shall hold the hearing in such manner as is best suited
35to ascertain and conserve the substantial rights of the
-16-1parties. Process and procedure under sections 279.13 through
2279.19 shall be as summary as reasonably may be.
35. At the conclusion of the private hearing, the
4superintendent and the teacher may file written briefs and
5arguments with the board within three days or such other time
6as may be agreed upon.
76. If the teacher fails to timely request a private hearing
8or does not appear at the private hearing, the board may
9proceed and make a determination upon the superintendent’s
10recommendation. If the teacher fails to timely file a request
11for a private hearing, the determination shall be not later
12than May 31. If the teacher fails to appear at the private
13hearing, the determination shall be not later than five days
14after the scheduled date for the private hearing. The board
15shall convene in open session and by roll call vote determine
16the termination or continuance of the teacher’s contract
17and, if the board votes to continue the teacher’s contract,
18whether to suspend the teacher with or without pay for a period
19specified by the board.
207. Within five days after the private hearing, the board
21shall, in executive session, meet to make a final decision
22upon the recommendation and the evidence as herein provided.
23The board shall also consider any written brief and arguments
24submitted by the superintendent and the teacher.
258. The record for a private hearing shall include:
26a. All pleadings, motions and intermediate rulings.
27b. All evidence received or considered and all other
28submissions.
29c. A statement of all matters officially noticed.
30d. All questions and offers of proof, objections and rulings
31thereon.
32e. All findings and exceptions.
33f. Any decision, opinion, or conclusion by the board.
34g. Findings of fact shall be based solely on the evidence in
35the record and on matters officially noticed in the record.
-17- 19. The decision of the board shall be in writing and shall
2include findings of fact and conclusions of law, separately
3stated. Findings of fact, if set forth in statutory language,
4shall be accompanied by a concise and explicit statement of
5the underlying facts supporting the findings. Each conclusion
6of law shall be supported by cited authority or by reasoned
7opinion.
810. When the board has reached a decision, opinion, or
9conclusion, it shall convene in open meeting and by roll
10call vote determine the continuance or discontinuance of the
11teacher’s contract and, if the board votes to continue the
12teacher’s contract, whether to suspend the teacher with or
13without pay for a period specified by the board. The record
14of the private conference and findings of fact and exceptions
15shall be exempt from the provisions of chapter 22. The
16secretary of the board shall immediately mail notice of the
17board’s action to the teacher.
18 Sec. 34. NEW SECTION. 279.17 Appeal by teacher to
19adjudicator.
201. If the teacher is no longer a probationary teacher, the
21teacher may, within ten days, appeal the determination of the
22board to an adjudicator by filing a notice of appeal with the
23secretary of the board. The notice of appeal shall contain a
24concise statement of the action which is the subject of the
25appeal, the particular board action appealed from, the grounds
26on which relief is sought and the relief sought.
272. Within five days following receipt by the secretary
28of the notice of appeal, the board or the board’s legal
29representative, if any, and the teacher or the teacher’s
30representative, if any, may select an adjudicator who resides
31within the boundaries of the merged area in which the school
32district is located. If an adjudicator cannot be mutually
33agreed upon within the five-day period, the secretary shall
34notify the chairperson of the public employment relations board
35by transmitting the notice of appeal, and the chairperson of
-18-1the public employment relations board shall within five days
2provide a list of five adjudicators to the parties. Within
3three days from receipt of the list of adjudicators, the
4parties shall select an adjudicator by alternately removing a
5name from the list until only one name remains. The person
6whose name remains shall be the adjudicator. The parties shall
7determine by lot which party shall remove the first name from
8the list submitted by the chairperson of the public employment
9relations board. The secretary of the board shall inform the
10chairperson of the public employment relations board of the
11name of the adjudicator selected.
123. If the teacher does not timely request an appeal to an
13adjudicator, the decision, opinion, or conclusion of the board
14shall become final and binding.
154. a. Within thirty days after filing the notice of appeal,
16or within further time allowed by the adjudicator, the board
17shall transmit to the adjudicator the original or a certified
18copy of the entire record of the private hearing which may be
19the subject of the petition. By stipulation of the parties
20to review the proceedings, the record of the case may be
21shortened. The adjudicator may require or permit subsequent
22corrections or additions to the shortened record.
23b. The record certified and filed by the board shall be the
24record upon which the appeal shall be heard and no additional
25evidence shall be heard by the adjudicator. In such appeal to
26the adjudicator, especially when considering the credibility
27of witnesses, the adjudicator shall give weight to the fact
28findings of the board but shall not be bound by them.
295. Before the date set for hearing a petition for review
30of board action, which shall be within ten days after
31receipt of the record unless otherwise agreed or unless the
32adjudicator orders additional evidence be taken before the
33board, application may be made to the adjudicator for leave to
34present evidence in addition to that found in the record of the
35case. If it is shown to the adjudicator that the additional
-19-1evidence is material and that there were good reasons for
2failure to present it in the private hearing before the board,
3the adjudicator may order that the additional evidence be taken
4before the board upon conditions determined by the adjudicator.
5The board may modify its findings and decision in the case by
6reason of the additional evidence and shall file that evidence
7and any modifications, new findings, or decisions, with the
8adjudicator and mail copies of the new findings or decisions
9to the teacher.
106. The adjudicator may affirm board action or remand to the
11board for further proceedings. The adjudicator shall reverse,
12modify, or grant any appropriate relief from the board action
13if substantial rights of the teacher have been prejudiced
14because the board action is any of the following:
15a. In violation of a board rule or policy or contract.
16b. Unsupported by a preponderance of the competent evidence
17in the record made before the board when that record is viewed
18as a whole.
19c. Unreasonable, arbitrary or capricious or characterized
20by an abuse of discretion or a clearly unwarranted exercise of
21discretion.
227. The adjudicator shall, within fifteen days after the
23hearing, make a decision and shall give a copy of the decision
24to the teacher and the secretary of the board. The decision
25of the adjudicator shall become the final and binding decision
26of the board unless either party within ten days notifies the
27secretary of the board that the decision is rejected. The
28board may reject the decision by majority roll call vote, in
29open meeting, entered into the minutes of the meeting. The
30board shall immediately notify the teacher of its decision
31by certified mail. The teacher may reject the adjudicator’s
32decision by notifying the board’s secretary in writing within
33ten days of the filing of such decision.
348. All costs of the adjudicator shall be shared equally by
35the teacher and the board.
-20-1 Sec. 35. Section 279.18, Code 2019, is amended by striking
2the section and inserting in lieu thereof the following:
3279.18 Appeal by either party to court.
41. If either party rejects the adjudicator’s decision,
5the rejecting party shall, within thirty days of the initial
6filing of such decision, appeal to the district court of
7the county in which the administrative office of the school
8district is located. The notice of appeal shall be immediately
9mailed by certified mail to the other party. The adjudicator
10shall transmit to the reviewing court the original or a
11certified copy of the entire record which may be the subject
12of the petition. By stipulation of all parties to the review
13proceedings, the record of such a case may be shortened. A
14party unreasonably refusing to stipulate to limit the record
15may be taxed by the court for the additional cost. The court
16may require or permit subsequent corrections or additions to
17the shortened record.
182. In proceedings for judicial review of the adjudicator’s
19decision, the court shall not hear any further evidence
20but shall hear the case upon the certified record. In such
21judicial review, especially when considering the credibility of
22witnesses, the court shall give weight to the fact findings of
23the board but shall not be bound by them. The court may affirm
24the adjudicator’s decision or remand to the adjudicator or the
25board for further proceedings upon conditions determined by the
26court. The court shall reverse, modify, or grant any other
27appropriate relief from the board decision or the adjudicator’s
28decision equitable or legal and including declaratory relief
29if substantial rights of the petitioner have been prejudiced
30because the action is any of the following:
31a. In violation of constitutional or statutory provisions.
32b. In excess of the statutory authority of the board or the
33adjudicator.
34c. In violation of a board rule or policy or contract.
35d. Made upon unlawful procedure.
-21- 1e. Affected by other error of law.
2f. Unsupported by a preponderance of the competent evidence
3in the record made before the board and the adjudicator when
4that record is viewed as a whole.
5g. Unreasonable, arbitrary or capricious or characterized
6by an abuse of discretion or a clearly unwarranted exercise of
7discretion.
83. An aggrieved or adversely affected party to the judicial
9review proceeding may obtain a review of any final judgment of
10the district court by appeal to the supreme court. The appeal
11shall be taken as in other civil cases, although the appeal may
12be taken regardless of the amount involved.
134. For purposes of this section, unless the context
14otherwise requires, “rejecting party” shall include but not be
15limited to an instructor employed by a community college.
16 Sec. 36. Section 279.19, Code 2019, is amended by striking
17the section and inserting in lieu thereof the following:
18279.19 Probationary period.
191. The first three consecutive years of employment of
20a teacher in the same school district are a probationary
21period. However, if the teacher has successfully completed a
22probationary period of employment for another school district
23located in Iowa, the probationary period in the current
24district of employment shall not exceed one year. A board of
25directors may waive the probationary period for any teacher who
26previously has served a probationary period in another school
27district and the board may extend the probationary period for
28an additional year with the consent of the teacher.
292. a. In the case of the termination of a probationary
30teacher’s contract, the provisions of sections 279.15 and
31279.16 shall apply. However, if the probationary teacher is a
32beginning teacher who fails to demonstrate competence in the
33Iowa teaching standards in accordance with chapter 284, the
34provisions of sections 279.17 and 279.18 shall also apply.
35b. The board’s decision shall be final and binding unless
-22-1the termination was based upon an alleged violation of a
2constitutionally guaranteed right of the teacher or an alleged
3violation of public employee rights of the teacher under
4section 20.10.
53. Notwithstanding any provision to the contrary, the
6grievance procedures of section 20.18 relating to job
7performance or job retention shall not apply to a teacher
8during the first two years of the teacher’s probationary
9period. However, this subsection shall not apply to a teacher
10who has successfully completed a probationary period in a
11school district in Iowa.
12 Sec. 37. Section 279.19A, subsections 1, 2, 7, and 8, Code
132019, are amended to read as follows:
141. School districts employing individuals to coach
15interscholastic athletic sports shall issue a separate
16extracurricular contract for each of these sports. An
17extracurricular contract offered under this section shall be
18separate from the contract issued under section 279.13. Wages
19for employees who coach these sports shall be paid pursuant
20to established or negotiated supplemental pay schedules.
21 An extracurricular contract shall be in writing, and shall
22state the number of contract days for that sport, the annual
23compensation to be paid, and any other matters as may be
24mutually agreed upon. The contract shall be for a single
25school year.
262. a. An extracurricular contract shall be continued
27automatically in force and effect for equivalent periods,
28except as modified or terminated by mutual agreement of
29the board of directors and the employee, or terminated in
30accordance with this section. An extracurricular contract
31shall initially be offered by the employing board to an
32individual on the same date that contracts are offered to
33teachers under section 279.13. An extracurricular contract
34may be terminated at the end of a school year pursuant to
35sections 279.15 through 279.19.If the school district offers
-23-1an extracurricular contract for a sport for the subsequent
2school year to an employee who is currently performing
3under an extracurricular contract for that sport, and the
4employee does not wish to accept the extracurricular contract
5for the subsequent year, the employee may resign from the
6extracurricular contract within twenty-one days after it has
7been received.
8b. If the provisions of an extracurricular contract executed
9under this section conflict with a collective bargaining
10agreement negotiated under chapter 20 and effective when the
11extracurricular contract is executed or renewed, the provisions
12of the collective bargaining agreement shall prevail Section
13279.13, subsection 3, applies to this section.
147. An extracurricular contract may be terminated prior to
15the expiration of that contract for any lawful reason following
16an informal, private hearing before the board of directors
17 pursuant to section 279.27. The decision of the board to
18terminate an extracurricular contract shall be final.
198. a. A termination proceeding regarding an extracurricular
20contract shall either by the board pursuant to subsection 2 or
21pursuant to section 279.27 does not affect a contract issued
22pursuant to section 279.13.
23b. A termination of a contract entered into pursuant to
24section 279.13, or a resignation from that contract by the
25teacher, constitutes an automatic termination or resignation of
26the extracurricular contract in effect between the same teacher
27and the employing school board.
28 Sec. 38. Section 279.23, subsection 1, paragraph c, Code
292019, is amended to read as follows:
30c. The rate of compensation per week of five consecutive
31days or month of four consecutive weeks.
32 Sec. 39. Section 279.23, subsection 5, Code 2019, is amended
33to read as follows:
345. Notwithstanding the other provisions of this section,
35a temporary contract may be issued to an administrator for
-24-1up to nine months. Notwithstanding the other provisions of
2this section, a temporary contract may also be issued to
3an administrator to fill a vacancy created by a leave of
4absence in accordance with the provisions of section 29A.28,
5which contract shall automatically terminate upon return from
6military leave of the former incumbent of the administrator
7position. Temporary contracts and which contract shall not be
8subject to the provisions of sections 279.24 and 279.25.
9 Sec. 40. Section 279.24, subsections 2 and 4, Code 2019, are
10amended to read as follows:
112. If the board of directors is considering termination of
12an administrator’s contract, prior to any formal action, the
13board may arrange to meet in closed session, in accordance with
14the provisions of section 21.5, with the administrator and the
15administrator’s representative. The board shall review the
16administrator’s evaluation, review the reasons for nonrenewal,
17and give the administrator an opportunity to respond. If,
18following the closed session, the board of directors and the
19administrator are unable to mutually agree to a modification
20or termination of the administrator’s contract, or the board
21of directors may issue and the administrator are unable to
22mutually agree to enter into a one-year, nonrenewable contract,
23 to the administrator. If the board of directors decides to
24terminate the administrator’s contract, the board shall follow
25the procedures in this section.
264. Administrators employed in a school district for
27less than three two consecutive years are probationary
28administrators. However, a school board may waive the
29probationary period for any administrator who has previously
30served a probationary period in another school district and
31the school board may extend the probationary period for an
32additional year with the consent of the administrator. If a
33school board determines that it should terminate a probationary
34administrator’s contract, the school board shall notify the
35administrator not later than May 15 that the contract will not
-25-1be renewed beyond the current year. The notice shall be in
2writing by letter, personally delivered, or mailed by certified
3mail. The notification shall be complete when received by the
4administrator. Within ten days after receiving the notice, the
5administrator may request a private conference with the school
6board to discuss the reasons for termination. The school
7board’s decision to terminate a probationary administrator’s
8contract shall be final unless the termination was based upon
9an alleged violation of a constitutionally guaranteed right of
10the administrator.
11 Sec. 41. Section 279.24, subsection 5, paragraphs c, d, e,
12f, g, and h, Code 2019, are amended to read as follows:
13c. Within five days after receipt of the written notice
14that the school board has voted to consider termination of
15the contract, the administrator may request a private hearing
16 in writing to the secretary of the school board. The board
17shall then forward that the notification be forwarded to the
18board of educational examiners along with a request that the
19board of educational examiners submit a list of five qualified
20administrative law judges to the parties. Within three
21days from receipt of the list the parties shall select an
22administrative law judge by alternately removing a name from
23the list until only one name remains. The person whose name
24remains shall be the administrative law judge. The parties
25shall determine by lot which party shall remove the first
26name from the list. The private hearing shall be held no
27sooner than twenty ten days and not later than forty thirty
28 days following the administrator’s request unless the parties
29otherwise agree. If the administrator does not request a
30private hearing, the school board, not later than May 31, may
31determine the continuance or discontinuance of the contract
32and, if the board determines to continue the administrator’s
33contract, whether to suspend the administrator with or without
34pay for a period specified by the board. School board action
35shall be by majority roll call vote entered on the minutes of
-26-1the meeting. Notice of school board action shall be personally
2delivered or mailed to the administrator.
3d. The administrative law judge selected shall notify
4the secretary of the school board and the administrator in
5writing concerning the date, time, and location of the private
6 hearing. The school board may be represented by a legal
7representative, if any, and the administrator shall appear and
8may be represented by counsel or by representative, if any.
9Any witnesses for the parties at the private hearing shall be
10sequestered. A transcript or recording shall be made of the
11proceedings at the private hearing. A school board member or
12administrator is not liable for any damage to an administrator
13or school board member if a statement made at the private
14 hearing is determined to be erroneous as long as the statement
15was made in good faith.
16e. The administrative law judge shall, within ten days
17following the date of the private hearing, make a proposed
18decision as to whether or not the administrator should be
19dismissed, and shall give a copy of the proposed decision to
20the administrator and the school board. Findings of fact shall
21be prepared by the administrative law judge. The proposed
22decision of the administrative law judge shall become the final
23decision of the school board unless within thirty ten days
24after the filing of the decision the administrator files a
25written notice of appeal with the school board, or the school
26board on its own motion determines to review the decision.
27f. If the administrator appeals to the school board, or if
28the school board determines on its own motion to review the
29proposed decision of the administrative law judge, a private
30hearing shall be held before the school board within ten five
31 days after the petition for review, or motion for review, has
32been made or at such other time as the parties agree. The
33private hearing is not subject to chapter 21. The school board
34may hear the case de novo upon the record as submitted before
35the administrative law judge. In cases where there is an
-27-1appeal from a proposed decision or where a proposed decision
2is reviewed on motion of the school board, an opportunity
3shall be afforded to each party to file exceptions, present
4briefs, and present oral arguments to the school board which
5is to render the final decision. The secretary of the school
6board shall give the administrator written notice of the time,
7place, and date of the private hearing. The school board shall
8meet within five days after the private hearing to determine
9the question of continuance or discontinuance of the contract
10and, if the board determines to continue the administrator’s
11contract, whether to suspend the administrator with or
12without pay for a period specified by the board or issue the
13administrator a one-year, nonrenewable contract. The school
14board shall make findings of fact which shall be based solely
15on the evidence in the record and on matters officially noticed
16in the record.
17g. The decision of the school board shall be in writing
18and shall include findings of fact and conclusions of law,
19separately stated. Findings of fact, if set forth in statutory
20language, shall be accompanied by a concise and explicit
21statement of the underlying facts supporting the findings.
22Each conclusion of law shall be supported by cited authority
23or by reasoned opinion.
24h. When the school board has reached a decision, opinion,
25or conclusion, it shall convene in open meeting and by roll
26call vote determine the continuance or discontinuance of
27the administrator’s contract and, if the board votes to
28continue the administrator’s contract, whether to suspend the
29administrator with or without pay for a period specified by
30the board or issue the administrator a one-year, nonrenewable
31contract. The record of the private hearing conference and
32written decision of the board findings of fact and exceptions
33 shall be exempt from the provisions of chapter 22. The
34secretary of the school board shall immediately personally
35deliver or mail notice of the school board’s action to the
-28-1administrator.
2 Sec. 42. Section 279.27, Code 2019, is amended to read as
3follows:
4279.27 Discharge of teacher.
51. A teacher may be discharged at any time during the
6contract year for just cause. The superintendent or the
7superintendent’s designee, shall notify the teacher immediately
8that the superintendent will recommend in writing to the board
9at a regular or special meeting of the board held not more
10than fifteen days after notification has been given to the
11teacher that the teacher’s continuing contract be terminated
12effective immediately following a decision of the board.
13The procedure for dismissal shall be as provided in section
14279.15, subsection 2, and sections 279.16 through 279.19. The
15superintendent may suspend a teacher under this section pending
16hearing and determination by the board.
172. For purposes of this section, “just cause” includes
18but is not limited to a violation of the code of professional
19conduct and ethics of the board of educational examiners if
20the board has taken disciplinary action against a teacher,
21during the six months following issuance by the board of a
22final written decision and finding of fact after a disciplinary
23proceeding.
24 Sec. 43. Section 284.3, subsection 2, Code 2019, is amended
25to read as follows:
262. A school board shall provide for the following:
27a. For purposes of comprehensive evaluations, standards
28and criteria which measure a beginning teacher’s performance
29against the Iowa teaching standards specified in subsection 1,
30and the criteria for the Iowa teaching standards developed by
31the department in accordance with section 256.9, to determine
32whether the teacher’s practice meets the requirements specified
33for a career teacher. These standards and criteria shall be
34set forth in an instrument provided by the department. The
35comprehensive evaluation and instrument are not subject to
-29-1negotiations or grievance procedures pursuant to chapter 20 or
2determinations made by the board of directors under section
3279.14. A local school board and its certified bargaining
4representative may negotiate, pursuant to chapter 20,
5evaluation and grievance procedures for beginning teachers that
6are not in conflict with this chapter. If, in accordance with
7section 279.19, a beginning teacher appeals the determination
8of a school board to an adjudicator under section 279.17, the
9adjudicator selected shall have successfully completed training
10related to the Iowa teacher standards, the criteria adopted
11by the state board in accordance with subsection 3, and any
12additional training required under rules adopted by the public
13employment relations board in cooperation with the state board.
14b. For purposes of performance reviews for teachers other
15than beginning teachers, evaluations that contain, at a
16minimum, the Iowa teaching standards specified in subsection
171, as well as the criteria for the Iowa teaching standards
18developed by the department in accordance with section
19256.9, subsection 42. A local school board and its certified
20bargaining representative may negotiate, pursuant to chapter
2120, additional teaching standards and criteria. A local
22school board and its certified bargaining representative shall
23negotiate, pursuant to chapter 20, evaluation and grievance
24procedures for teachers other than beginning teachers that are
25not in conflict with this chapter.
26 Sec. 44. Section 284.4, subsection 1, paragraph b,
27subparagraphs (2) and (5), Code 2019, are amended to read as
28follows:
29(2) Monitor the evaluation requirements of this chapter
30to ensure evaluations are conducted in a fair and consistent
31manner throughout the school district or agency. The committee
32shall In addition to any negotiated evaluation procedures,
33 develop model evidence for the Iowa teaching standards and
34criteria. The model evidence will minimize paperwork and focus
35on teacher improvement. The model evidence will determine
-30-1which standards and criteria can be met with observation and
2which evidence meets multiple standards and criteria.
3(5) Determine Ensure the agreement negotiated pursuant to
4chapter 20 determines the compensation for teachers on the
5committee for work responsibilities required beyond the normal
6work day.
7 Sec. 45. Section 284.8, subsections 2 and 3, Code 2019, are
8amended to read as follows:
92. If a supervisor or an evaluator determines, at any time,
10as a result of a teacher’s performance that the teacher is not
11meeting district expectations under the Iowa teaching standards
12specified in section 284.3, subsection 1, paragraphs “a”
13through “h”, and the criteria for the Iowa teaching standards
14developed by the department in accordance with section 256.9,
15subsection 42, and any other standards or criteria established
16in the collective bargaining agreement, the evaluator shall,
17at the direction of the teacher’s supervisor, recommend to
18the district that the teacher participate in an intensive
19assistance program. The intensive assistance program and its
20implementation are not subject to negotiation and grievance
21procedures established pursuant to chapter 20. All school
22districts shall be prepared to offer an intensive assistance
23program.
243. A teacher who is not meeting the applicable standards and
25criteria based on a determination made pursuant to subsection 2
26shall participate in an intensive assistance program. However,
27a teacher who has previously participated in an intensive
28assistance program relating to particular Iowa teaching
29standards or criteria shall not be entitled to participate
30in another intensive assistance program relating to the same
31standards or criteria and shall be subject to the provisions of
32subsection 4.
33 Sec. 46. Section 284.8, Code 2019, is amended by adding the
34following new subsection:
35 NEW SUBSECTION. 2A. If a teacher is denied advancement
-31-1to the career II or advanced teacher level based upon a
2performance review, the teacher may appeal the decision to an
3adjudicator under the process established under section 279.17.
4However, the decision of the adjudicator is final.
5 Sec. 47. Section 284.8, subsection 4, Code 2019, is amended
6by striking the subsection.
7 Sec. 48. EFFECTIVE DATE. This division of this Act, being
8deemed of immediate importance, takes effect upon enactment.
9 Sec. 49. APPLICABILITY. This division of this Act applies
10to employment contracts of school employees entered into
11pursuant to chapter 279 on and after the effective date of
12this division of this Act. This division of this Act does
13not apply to collective bargaining agreements which have been
14ratified in a ratification election referred to in section
1520.17, subsection 4, for which an arbitrator has made a final
16determination as described in section 20.22, subsection 11,
17or which have become effective, where such events occurred
18before the effective date of this division of this Act. This
19division of this Act applies to all collective bargaining
20procedures provided for in chapter 20 occurring on and after
21the effective date of this division of this Act and collective
22bargaining agreements pursuant to chapter 20 for which a
23ratification election referred to in section 20.17, subsection
244, is held, for which an arbitrator makes a final determination
25as described in section 20.22, subsection 11, or which become
26effective on or after the effective date of this division of
27this Act.
28DIVISION III
29PERSONNEL RECORDS AND SETTLEMENT AGREEMENTS
30 Sec. 50. Section 22.7, subsection 11, paragraph a,
31subparagraph (5), Code 2019, is amended to read as follows:
32(5) The fact that the individual resigned in lieu of
33termination, was discharged, or was demoted as the result of
34a final disciplinary action, and the documented reasons and
35rationale for the resignation in lieu of termination, the
-32-1discharge, or the demotion. For purposes of this subparagraph,
2“demoted” and “demotion” mean a change of an employee from
3a position in a given classification to a position in a
4classification having a lower pay grade upon the exhaustion of
5all applicable contractual, legal, and statutory remedies.
6 Sec. 51. REPEAL. Sections 22.13A and 22.15, Code 2019, are
7repealed.
8 Sec. 52. EFFECTIVE DATE. This division of this Act, being
9deemed of immediate importance, takes effect upon enactment.
10 Sec. 53. APPLICABILITY. This division of this Act applies
11to requests for records pursuant to chapter 22 submitted on or
12after the effective date of this division of this Act.
13DIVISION IV
14CITY CIVIL SERVICE REQUIREMENTS
15 Sec. 54. Section 400.12, subsection 4, Code 2019, is amended
16by striking the subsection.
17 Sec. 55. Section 400.17, subsection 4, Code 2019, is amended
18to read as follows:
194. A person shall not be appointed, denied appointment,
20promoted, removed, discharged, suspended, or demoted to or
21from a civil service position or in any other way favored or
22discriminated against in that position because of political
23or religious opinions or affiliations, race, national origin,
24sex, or age, or in retaliation for the exercise of any right
25enumerated in this chapter. However, the maximum age for a
26police officer or fire fighter covered by this chapter and
27employed for police duty or the duty of fighting fires is
28sixty-five years of age.
29 Sec. 56. Section 400.18, Code 2019, is amended by striking
30the section and inserting in lieu thereof the following:
31400.18 Removal, demotion, or suspension.
321. A person holding civil service rights as provided in
33this chapter shall not be removed, demoted, or suspended
34arbitrarily, except as otherwise provided in this chapter, but
35may be removed, demoted, or suspended after a hearing by a
-33-1majority vote of the civil service commission, for neglect of
2duty, disobedience, misconduct, or failure to properly perform
3the person’s duties.
42. The party alleging neglect of duty, disobedience,
5misconduct, or failure to properly perform a duty shall have
6the burden of proof.
73. A person subject to a hearing has the right to be
8represented by counsel at the person’s expense or by the
9person’s authorized collective bargaining representative.
10 Sec. 57. Section 400.19, Code 2019, is amended to read as
11follows:
12400.19 Removal, or discharge, demotion, or suspension of
13subordinates.
14The person having the appointing power as provided in
15this chapter, or the chief of police or chief of the fire
16department, may, upon presentation of grounds for such action
17to the subordinate in writing, peremptorily remove, discharge,
18demote, or suspend, demote, or discharge a subordinate then
19under the person’s or chief’s direction due to any act or
20failure to act by the employee that is in contravention of law,
21city policies, or standard operating procedures, or that in
22the judgment of the person or chief is sufficient to show that
23the employee is unsuitable or unfit for employment for neglect
24of duty, disobedience of orders, misconduct, or failure to
25properly perform the subordinate’s duties.
26 Sec. 58. Section 400.20, Code 2019, is amended to read as
27follows:
28400.20 Appeal.
29The removal, discharge suspension, demotion, or suspension
30 discharge of a person holding civil service rights may be
31appealed to the civil service commission within fourteen
32calendar days after the removal, discharge suspension,
33demotion, or suspension discharge.
34 Sec. 59. Section 400.21, Code 2019, is amended to read as
35follows:
-34- 1400.21 Notice of appeal.
2If the appeal be taken by the person removed, discharged
3 suspended, demoted, or suspended discharged, notice of the
4appeal, signed by the appellant and specifying the ruling
5appealed from, shall be filed with the clerk of the commission.
6If the appeal is taken by the person making such removal,
7discharge suspension, demotion, or suspension discharge, such
8notice shall also be served upon the person removed, discharged
9 suspended, demoted, or suspended discharged.
10 Sec. 60. Section 400.22, Code 2019, is amended to read as
11follows:
12400.22 Charges.
13Within fourteen calendar days from the service of the notice
14of appeal, the person or body making the ruling appealed
15from shall file with the body to which the appeal is taken a
16written specification of the charges and grounds upon which the
17ruling was based. If the charges are not filed, the person
18removed, suspended or discharged, demoted, or suspended may
19present the matter to the body to whom the appeal is to be
20taken by affidavit, setting forth the facts, and the body to
21whom the appeal is to be taken shall immediately enter an
22order reinstating the person removed, suspended or discharged,
23demoted, or suspended for want of prosecution.
24 Sec. 61. Section 400.27, subsection 3, Code 2019, is amended
25to read as follows:
263. The city or any civil service employee shall have a
27right to appeal to the district court from the final ruling or
28decision of the civil service commission. The appeal shall be
29taken within thirty days from the filing of the formal decision
30of the commission. The district court of the county in which
31the city is located shall have full jurisdiction of the appeal.
32The scope of review for the appeal shall be limited to de novo
33appellate review without a trial or additional evidence The
34appeal shall be a trial de novo as an equitable action in the
35district court.
-35-1 Sec. 62. Section 400.28, Code 2019, is amended by striking
2the section and inserting in lieu thereof the following:
3400.28 Employees — number diminished.
41. When the public interest requires a diminution of
5employees in a classification or grade under civil service,
6the city council, acting in good faith, may do either of the
7following:
8a. Abolish the office and remove the employee from the
9employee’s classification or grade thereunder.
10b. Reduce the number of employees in any classification or
11grade by suspending the necessary number.
122. In case it thus becomes necessary to so remove or suspend
13any such employees, the persons so removed or suspended shall
14be those having seniority of the shortest duration in the
15classifications or grades affected, and such seniority shall be
16computed as provided in section 400.12 for all persons holding
17seniority in the classification or grade affected, regardless
18of their seniority in any other classification or grade, but
19any such employee so removed from any classification or grade
20shall revert to the employee’s seniority in the next lower
21grade or classification; if such seniority is equal, then the
22one less efficient and competent as determined by the person or
23body having the appointing power shall be the one affected.
243. In case of removal or suspension, the civil service
25commission shall issue to each person affected one certificate
26showing the person’s comparative seniority or length of service
27in each of the classifications or grades from which the person
28is so removed and the fact that the person has been honorably
29removed. The certificate shall also list each classification
30or grade in which the person was previously employed. The
31person’s name shall be carried for a period of not less than
32three years after the suspension or removal on a preferred list
33and appointments or promotions made during that period to the
34person’s former duties in the classification or grade shall
35be made in the order of greater seniority from the preferred
-36-1lists.
2 Sec. 63. SENIORITY RIGHTS REESTABLISHED. The seniority
3rights of any civil service employee extinguished pursuant
4to section 400.12, subsection 4, Code 2019, are hereby
5reestablished, including accrual of seniority during the period
6of extinguishment.
7 Sec. 64. EFFECTIVE DATE. This division of this Act, being
8deemed of immediate importance, takes effect upon enactment.
9 Sec. 65. APPLICABILITY. This division of this Act applies
10to employment actions taken on or after the effective date of
11this division of this Act.
12DIVISION V
13HEALTH INSURANCE MATTERS
14 Sec. 66. REPEAL. Section 70A.41, Code 2019, is repealed.
15 Sec. 67. EFFECTIVE DATE. This division of this Act, being
16deemed of immediate importance, takes effect upon enactment.
17EXPLANATION
18The inclusion of this explanation does not constitute agreement with
19the explanation’s substance by the members of the general assembly.
20This bill relates to employment matters involving public
21employees including collective bargaining, educator employment
22matters, personnel records and settlement agreements, city
23civil service requirements, and health insurance matters. The
24bill generally strikes statutory changes made by 2017 Iowa
25Acts, House File 291, and restores statutory language in effect
26prior to the enactment of 2017 Iowa Acts, House File 291.
27DIVISION I — PUBLIC EMPLOYEE COLLECTIVE BARGAINING.
28 This division makes a variety of changes to Code chapter
2920, the public employment relations Act, as well as other
30Code provisions relating to collective bargaining by public
31employees.
32ELIMINATION OF PUBLIC SAFETY AND TRANSIT EMPLOYEE
33CATEGORIES. The division eliminates public safety employees
34and transit employees as separate categories of employees for
35the purposes of public employee collective bargaining, making
-37-1affected provisions of Code chapter 20 applicable to all public
2employees governed by Code chapter 20.
3SCOPE OF NEGOTIATIONS. The division makes changes to
4subjects which are negotiated through collective bargaining
5between public employers and public employees under Code
6section 20.9.
7The division provides that the scope of negotiations for
8all public employees shall consist of wages, hours, vacations,
9insurance, holidays, leaves of absence, shift differentials,
10overtime compensation, supplemental pay, seniority, transfer
11procedures, job classifications, health and safety matters,
12evaluation procedures, procedures for staff reduction,
13in-service training, dues checkoff, grievance procedures for
14resolving any questions arising under the agreement, and
15other matters mutually agreed upon. The division provides
16that retirement systems shall be excluded from the scope of
17negotiations.
18The division strikes language providing that mandatory
19subjects of negotiation under Code section 20.9 shall be
20interpreted narrowly and restrictively. The division strikes
21language limiting the term of a collective bargaining agreement
22entered into pursuant to Code chapter 20 to a maximum of five
23years.
24ARBITRATION PROCEDURES. The division makes changes to the
25procedures for arbitration of impasses in collective bargaining
26between public employers and public employees under Code
27section 20.22.
28The division modifies the factors that an arbitrator is
29required to consider in addition to any other relevant factors
30in making a final determination on an impasse item. The
31division requires an arbitrator to consider past collective
32bargaining contracts between the parties including the
33bargaining that led up to such contracts; comparison of wages,
34hours, and conditions of employment of the involved public
35employees with those of other public employees doing comparable
-38-1work, giving consideration to factors peculiar to the area and
2the classifications involved; the interests and welfare of the
3public, the ability of the public employer to finance economic
4adjustments, and the effect of such adjustments on the normal
5standard of services; and the power of the public employer
6to levy taxes and appropriate funds for the conduct of its
7operations.
8The division strikes language permitting the parties to
9agree to change the four-day deadline to serve final offers on
10impasse items after a request for arbitration is received.
11The division strikes language prohibiting the parties to an
12arbitration from introducing, and the arbitrator from accepting
13or considering, any direct or indirect evidence regarding any
14subject excluded from negotiations pursuant to Code section
1520.9.
16The division strikes language providing for a maximum
17increase in base wages in an arbitrator’s award.
18PUBLIC EMPLOYEE ELECTIONS. The division makes changes to
19public employee elections conducted pursuant to Code section
2020.15.
21The division strikes language providing for retention and
22recertification elections and requires the public employment
23relations board (PERB) to cancel any such elections scheduled
24or in process. The division requires the PERB to consider a
25petition for certification of an employee organization as the
26exclusive representative of a bargaining unit for which an
27employee organization was not retained and recertified as the
28exclusive representative of that bargaining unit regardless of
29the amount of time that has elapsed since the retention and
30recertification election, notwithstanding prior requirements
31prohibiting such consideration for two years.
32The division provides that the outcome of a certification
33or decertification election is determined by a majority vote
34of the members of the bargaining unit voting, rather than the
35total membership of the bargaining unit. The division provides
-39-1for a runoff election if none of the choices on the ballot in a
2certification election receives a majority vote of the members
3of the bargaining unit voting.
4The division lowers the required percentage of support
5from employees in a bargaining unit required for an employee
6organization that did not submit a petition for certification
7as the exclusive bargaining representative of a bargaining unit
8to be listed on the ballot for a certification election from 30
9percent to 10 percent.
10The division strikes language prohibiting the PERB from
11considering a petition for certification as the exclusive
12bargaining representative of a bargaining unit unless a
13period of two years has elapsed from the date of the last
14certification election in which an employee organization
15was not certified as the exclusive representative of that
16bargaining unit or of the last decertification election in
17which an employee organization was decertified as the exclusive
18representative of that bargaining unit. The division prohibits
19the PERB from considering a petition for certification as the
20exclusive bargaining representative of a bargaining unit for
21one year after the employee organization is not certified in a
22certification election. The division makes additional changes
23relating to the scheduling of decertification elections.
24EMPLOYEE ORGANIZATION DUES. The division strikes a
25prohibition on public entities authorizing or administering
26a deduction from the salaries or wages of its employees for
27membership dues to an employee organization. The division
28provides procedures for administering such dues deductions.
29PERB DUTIES. The division provides that the PERB may
30interpret and apply, as well as administer, Code chapter 20.
31The division strikes language permitting the PERB to
32appoint a certified shorthand reporter to report state employee
33grievance and discipline resolution proceedings, to contract
34with a vendor to conduct elections, to establish fees to cover
35the cost of elections, and to retain certain funds collected by
-40-1the PERB as repayment receipts.
2STATEWIDE COLLECTIVE BARGAINING AGREEMENTS FOLLOWING A
3GUBERNATORIAL ELECTION YEAR. The division strikes language
4providing for modified collective bargaining procedures for a
5proposed, statewide collective bargaining agreement to become
6effective in the year following a general election in which the
7governor and certain other elected officials are elected.
8CONFIDENTIAL RECORDS. The division strikes language
9providing that certain information relating to elections
10conducted by the PERB is a confidential record under Code
11chapter 22, the state open records law.
12MISCELLANEOUS PROVISIONS RELATING TO PUBLIC EMPLOYEE
13COLLECTIVE BARGAINING. The division strikes a definition of
14“supplemental pay”.
15The division strikes language providing that a public
16employer has the right to evaluate public employees in
17positions within the public agency. The division strikes
18language providing that a public employee has the right under
19Code section 20.8 to exercise any right or seek any remedy
20provided by law, including but not limited to Code sections
2170A.28 and 70A.29, Code chapter 8A, subchapter IV, and Code
22chapters 216 and 400.
23The division transfers language in Code section 20.10
24prohibiting a public employee or any employee organization
25from negotiating or attempting to negotiate directly with a
26member of the governing board of a public employer if the
27public employer has appointed or authorized a bargaining
28representative for the purpose of bargaining with the public
29employees or their representative to Code section 20.17.
30The division decreases the amount of time before an employee
31organization decertified as the exclusive representative of a
32bargaining unit for violating an injunction against an unlawful
33strike can be certified again from 24 months to 12 months.
34The division strikes language prohibiting voluntary
35contributions by individuals to political parties or candidates
-41-1through payroll deductions.
2The division strikes a requirement that a copy of a final
3collective bargaining agreement be filed with the PERB by
4the public employer within 10 days of the agreement being
5entered into. The division strikes a requirement that the
6PERB maintain an internet site that allows searchable access
7to a database of collective bargaining agreements and other
8collective bargaining information.
9The division changes the period before retirement for a
10prohibited voluntary reduction to a nonsupervisory rank or
11grade by a supervisor and related ineligibility for benefits
12from 36 months to six months.
13The division strikes language providing that a mediator
14shall not be required to testify in any arbitration proceeding
15regarding any matters occurring in the course of a mediation.
16The division requires a council, board of waterworks, or
17other board or commission which establishes a pension and
18annuity retirement system pursuant to Code chapter 412 to
19negotiate in good faith with a certified employee organization
20which is the collective bargaining representative of the
21employees, with respect to the amount or rate of the assessment
22on the wages and salaries of employees and the method or
23methods for payment of the assessment by the employees.
24The division makes additional conforming changes.
25TRANSITION PROVISIONS — DEADLINE. The division requires
26parties, mediators, and arbitrators engaging in any collective
27bargaining procedures provided for in Code chapter 20, Code
282019, who have not, before the effective date of the division,
29completed such procedures, to immediately terminate any such
30procedures in process as of the effective date of the division.
31The division provides that a collective bargaining agreement
32negotiated pursuant to such procedures in process shall not
33become effective. The division prohibits parties, mediators,
34and arbitrators from engaging in further collective bargaining
35procedures except as provided in the division. The division
-42-1requires such parties to commence collective bargaining in
2accordance with Code section 20.17, as amended by the division.
3The division requires such parties to complete such bargaining
4not later than June 30, 2019, unless the parties mutually agree
5to a different deadline.
6The division requires the PERB to adopt emergency rules to
7implement these requirements. The division also requires the
8department of administrative services to adopt emergency rules
9to implement the provisions of the division relating to dues
10deductions.
11EFFECTIVE DATE AND APPLICABILITY PROVISIONS. The division
12takes effect upon enactment.
13With the exception of the section of the division amending
14Code section 20.6, subsection 1, the division does not apply
15to collective bargaining agreements which have been ratified
16in a ratification election, for which an arbitrator has made
17a final determination, or which have become effective, where
18such events occurred before the effective date of the division.
19The division applies to all collective bargaining procedures
20provided for in Code chapter 20 occurring on and after the
21effective date of the division and collective bargaining
22agreements for which a ratification election is held, for which
23an arbitrator makes a final determination, or which become
24effective on or after the effective date of the division.
25DIVISION II — EDUCATOR EMPLOYMENT MATTERS. This division
26makes a variety of changes relating to educator employment
27matters.
28TERMINATION OF TEACHER EMPLOYMENT CONTRACTS. The division
29makes various changes relating to the termination of teacher
30employment contracts.
31The division shortens various procedural deadlines
32regarding private hearings held after a superintendent
33recommends termination of a teacher’s employment contract.
34The division makes participation in such a private hearing
35by the superintendent, the superintendent’s designated
-43-1representatives, the teacher’s immediate supervisor, the
2teacher, and the teacher’s representatives mandatory on the
3part of those individuals instead of discretionary. The
4division requires that the school board employ a certified
5shorthand reporter to keep a record of a private hearing.
6The division requires the school board to issue subpoenas
7for witnesses and evidence on behalf of the board and the
8teacher. The division provides for a judicial remedy if a
9witness appears and refuses to testify or to produce required
10books or papers at a private hearing. The division authorizes
11the superintendent and the teacher to file written briefs and
12arguments with the board at the conclusion of the private
13hearing. The division provides deadlines for determining
14the status of the teacher’s contract if the teacher does not
15request a private hearing. The division requires that the
16decision of the board include findings of fact and conclusions
17of law. The division strikes language authorizing a school
18board which votes to continue a teacher’s contract to issue
19the teacher a one-year, nonrenewable contract. The division
20permits a teacher to appeal the board’s determination to an
21adjudicator and provides procedures for such appeals.
22TEACHER PROBATIONARY PERIODS. The division makes various
23changes relating to probationary employment of teachers.
24The division decreases from two years to one year the
25length of a teacher’s probationary employment period in a
26school district if the teacher has successfully completed a
27probationary period of employment for another school district
28located in Iowa.
29The division provides that requirements for notices of
30termination, private hearings, and appeals applicable to
31nonprobationary teachers whose employment contracts are
32terminated are applicable to probationary teachers whose
33employment contracts are terminated. The division strikes
34alternative procedures for the termination of employment
35contracts of such probationary teachers, including notification
-44-1procedures and the opportunity to request a private conference
2with the school board.
3EXTRACURRICULAR INTERSCHOLASTIC ATHLETIC COACH CONTRACTS.
4 The division makes various changes relating to extracurricular
5interscholastic athletic coach employment contracts.
6The division provides that wages for such coaches shall be
7paid pursuant to established or negotiated supplemental pay
8schedules. The division provides that employment contracts
9of such coaches shall be continued automatically in force and
10effect for equivalent periods and that the termination of such
11contracts follows procedures similar to those used for teacher
12contracts. The division strikes language providing that
13employment contracts of such coaches may be terminated prior to
14their expiration for any lawful reason following an informal,
15private hearing before the school board. The division strikes
16language providing that the decision of the school board to
17terminate such a contract is final.
18SCHOOL ADMINISTRATOR EMPLOYMENT MATTERS. The division makes
19various changes relating to school administrator employment
20matters.
21The division provides that the rate of compensation in an
22administrator’s employment contract must be on a weekly or
23monthly basis.
24The division strikes language authorizing a school board to
25issue a temporary employment contract to an administrator for
26a period of up to nine months.
27The division strikes language authorizing a school board to
28issue a one-year, nonrenewable employment contract and instead
29authorizes a school board considering the termination of an
30administrator’s contract and the administrator to mutually
31agree to enter into such a contract.
32The division decreases the probationary employment period
33for administrators from three years to two years and authorizes
34a school board to waive the probationary period for an
35administrator who previously served a probationary period in
-45-1another school district.
2The division strikes language providing that a hearing
3before an administrative law judge requested by an
4administrator whose employment contract a school board is
5considering terminating shall be a private hearing. The
6division reduces certain procedural deadlines relating to such
7hearings. The division strikes language providing that any
8witnesses for the parties at the hearing shall be sequestered.
9The division requires that the decision of the board include
10findings of fact and conclusions of law. The division strikes
11language authorizing a school board which votes to continue an
12administrator’s contract to issue the administrator a one-year,
13nonrenewable contract.
14INTENSIVE ASSISTANCE PROGRAMS. The division makes various
15changes relating to intensive assistance programs.
16The division strikes language providing that a teacher who
17has previously participated in an intensive assistance program
18relating to particular Iowa teaching standards or criteria
19shall not be entitled to participate in another intensive
20assistance program relating to the same standards or criteria.
21The division strikes language providing that following a
22teacher’s participation in an intensive assistance program, the
23teacher shall be reevaluated to determine whether the teacher
24successfully completed the intensive assistance program and
25is meeting district expectations under the applicable Iowa
26teaching standards or criteria. The division strikes language
27providing that if the teacher did not successfully complete
28the intensive assistance program or continues not to meet the
29applicable Iowa teaching standards or criteria, the board may
30initiate procedures to terminate the teacher’s employment
31contract immediately or at the end of the school year or may
32continue the teacher’s contract for a period not to exceed one
33year on a nonrenewable basis and without the right to a private
34hearing.
35MISCELLANEOUS PROVISIONS RELATING TO EDUCATOR EMPLOYMENT
-46-1MATTERS. The division strikes language authorizing a school
2board to issue a temporary employment contract to a teacher for
3a period of up to six months.
4The division strikes language providing that just cause
5for which a teacher may be discharged at any time during the
6contract year under Code section 279.27 includes but is not
7limited to a violation of the code of professional conduct
8and ethics of the board of educational examiners if the board
9has taken disciplinary action against a teacher during the
10six months following issuance by the board of a final written
11decision and finding of fact after a disciplinary proceeding.
12The division either authorizes or requires a school board
13and its certified bargaining representative to negotiate
14various matters pursuant to Code chapter 20.
15The division makes additional conforming changes.
16EFFECTIVE DATE AND APPLICABILITY PROVISIONS. The division
17takes effect upon enactment.
18The division applies to employment contracts of school
19employees entered into pursuant to Code chapter 279 on and
20after the effective date of the division. The division does
21not apply to collective bargaining agreements pursuant to Code
22chapter 20 which have been ratified in a ratification election,
23for which an arbitrator has made a final determination, or
24which have become effective, where such events occurred before
25the effective date of the division. The division applies to
26all collective bargaining procedures provided for in Code
27chapter 20 occurring on and after the effective date of the
28division and collective bargaining agreements pursuant to Code
29chapter 20 for which a ratification election is held, for which
30an arbitrator makes a final determination, or which become
31effective on or after the effective date of the division.
32DIVISION III — PERSONNEL RECORDS AND SETTLEMENT AGREEMENTS.
33 This division makes changes relating to public employee
34personnel records and settlement agreements.
35PERSONNEL RECORDS. The division strikes language providing
-47-1that certain information relating to the discipline,
2resignation, discharge, or demotion of a public employee is a
3public record and requiring notice to affected employees.
4PERSONNEL SETTLEMENT AGREEMENTS. The division also strikes
5language prohibiting a personnel settlement agreement between
6the state and a state executive branch employee that contains
7confidentiality or nondisclosure provisions that attempt to
8prevent the disclosure of the agreement.
9EFFECTIVE DATE AND APPLICABILITY PROVISIONS. The division
10takes effect upon enactment.
11The division applies to requests for records submitted on or
12after the effective date of the division.
13DIVISION IV — CITY CIVIL SERVICE REQUIREMENTS. This
14division makes a variety of changes relating to city civil
15service requirements under Code chapter 400.
16SENIORITY RIGHTS. The division strikes language permitting
17a city council to extinguish statutory seniority rights of
18all city civil service employees who are not employed or
19appointed as a fire fighter or police officer, fire chief or
20police chief, or assistant fire chief or assistant police
21chief, unless otherwise provided in a collective bargaining
22agreement. The division reestablishes any such rights so
23extinguished, including accrual of seniority during the period
24of extinguishment.
25ADVERSE EMPLOYMENT ACTIONS — GROUNDS AND PROCEDURES.The
26division provides that adverse employment action may be taken
27against a city civil service employee for neglect of duty,
28disobedience, misconduct, or failure to properly perform the
29person’s duties. The division strikes language permitting
30such action to be taken due to any act or failure to act by
31the employee that is in contravention of law, city policies,
32or standard operating procedures, or that in the judgment
33of the person having the appointing power as provided in
34this Code chapter, or the chief of police or chief of the
35fire department, is sufficient to show that the employee is
-48-1unsuitable or unfit for employment.
2The division strikes language providing that the scope of
3review for an appeal to district court from a civil service
4commission shall be limited to de novo appellate review without
5a trial or additional evidence, instead providing that the
6appeal shall be a trial de novo as an equitable action.
7DIMINUTION OF EMPLOYEES. The division provides that a
8diminution of city employees by a city council can only be
9implemented when the public interest requires. The division
10permits a diminution to be carried out either by abolishing
11an office and removing the employee from the employee’s
12classification or grade thereunder, or reducing the number of
13employees in any classification or grade by suspending the
14necessary number. The division provides for such removal to be
15carried out based on seniority and requires that employees so
16removed be placed on a preferred list for at least three years
17for purposes of appointments or promotions made during that
18period to the person’s former duties.
19MISCELLANEOUS PROVISIONS. The division makes changes in
20terminology relating to adverse employment actions for city
21civil service employees.
22The division makes additional conforming changes.
23EFFECTIVE DATE AND APPLICABILITY PROVISIONS. The division
24takes effect upon enactment.
25The division applies to employment actions taken on or after
26the effective date of the division.
27DIVISION V — HEALTH INSURANCE MATTERS. This division
28strikes a requirement that a public employer shall offer health
29insurance to all permanent, full-time public employees employed
30by the public employer.
31EFFECTIVE DATE. The division takes effect upon enactment.
-49-je/rn