Senate File 141 - IntroducedA Bill ForAn Act 1concerning employment matters involving public employees
2including collective bargaining, educator employment
3matters, and city civil service requirements, and including
4effective date, applicability, and transition provisions.
5BE 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 2021,
4are amended by striking the subsections.
5   Sec. 2.  Section 20.6, subsection 1, Code 2021, 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 2021, are
10amended by striking the subsections.
11   Sec. 4.  Section 20.7, subsection 2, Code 2021, 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 2021, is amended by
16striking the subsection.
17   Sec. 6.  Section 20.9, Code 2021, 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 shall
21meet at reasonable times, including meetings reasonably in
22advance of the public employer’s budget-making process, to
23negotiate in good faith with respect to but not limited to the
24following:
   25a.  Wages.
   26b.  Hours, including the establishment of work shifts and
27schedules and procedures and criteria for assigning work shifts
28and schedules.
   29c.  Vacations.
   30d.  Insurance, including the determination of the health
31insurance carrier.
   32e.  Holidays.
   33f.  Leaves of absence, including cash payments for
34accumulated leave.
   35g.  Shift differentials.
-1-
   1h.  Overtime compensation.
   2i.  Supplemental pay, including payments and benefits which
3are other than wages and are not paid as compensation for or
4conditioned upon the employees’ performance of services in
5addition to their regular services to the public employer.
   6j.  Seniority.
   7k.  Transfer procedures.
   8l.  Job classifications.
   9m.  Health and safety matters.
   10n.  Evaluation procedures, including the frequency of
11evaluations, the method of evaluation, evaluation forms
12and other evaluation instruments, evaluation criteria, the
13purposes for and use of evaluations, and remedial and employee
14performances improvement plans and procedures.
   15o.  Procedures for staff reduction.
   16p.  In-service training.
   17q.  Preparation time.
   18r.  Class size.
   19s.  Discipline and discharge, including grounds for discharge
20and imposition of other discipline, levels and types of
21disciplinary measures, and procedures for resolving disputes.
   22t.  Work uniforms and equipment and other required work
23clothing and equipment, including allowances for uniforms and
24equipment and other required work clothing and equipment.
   25u.  Staffing levels.
   26v.  Retirement systems not excluded from negotiations
27pursuant to subsection 4.
   28w.  Other terms and conditions of employment except as
29provided in subsection 4.
   302.  Negotiations shall also include terms authorizing
31dues checkoff for members of the employee organization and
32grievance procedures for resolving any questions arising under
33the agreement, which shall be embodied in a written agreement
34and signed by the parties. If an agreement provides for dues
35checkoff, a member’s dues may be checked off only upon the
-2-1member’s written request and the member may terminate the dues
2checkoff at any time by giving thirty days’ written notice.
3Such obligation to negotiate in good faith does not compel
4either party to agree to a proposal or make a concession.
   53.  Nothing in this section shall diminish the authority
6and power of the department of administrative services, board
7of regents’ merit system, Iowa public broadcasting board’s
8merit system, or any civil service commission established by
9constitutional provision, statute, charter, or special act to
10recruit employees, prepare, conduct and grade examinations,
11rate candidates in order of their relative scores for
12certification for appointment or promotion or for other matters
13of classification, reclassification or appeal rights in the
14classified service of the public employer served.
   154.  The following shall be excluded from the scope of
16negotiations:
   17a.  All retirement systems established by statute except
18for pension and annuity retirement systems established
19under chapter 412 and except for supplemental and additional
20retirement benefits including severance payments, cash payments
21based on accumulated or unused leave time, and insurance for
22retired employees.
   23b.  Discharge for teachers who are employed pursuant to
24chapter 279. For purposes of this paragraph, discharge does
25not include procedures and criteria for staff reduction.
26   Sec. 7.  Section 20.10, subsection 3, paragraph j, Code 2021,
27is amended by striking the paragraph.
28   Sec. 8.  Section 20.12, subsection 5, Code 2021, is amended
29to read as follows:
   305.  If an employee organization or any of its officers
31is held to be in contempt of court for failure to comply
32with an injunction pursuant to this section, or is convicted
33of violating this section, the employee organization shall
34be immediately decertified, shall cease to represent the
35bargaining unit, shall cease to receive any dues by checkoff,
-3-1 and may again be certified only after twenty-four twelve months
2have elapsed from the effective date of decertification and
3only if after a new petition for certification pursuant to
4
 compliance with section 20.14 is filed and a new certification
5election pursuant to section 20.15 is held
. The penalties
6provided in this section may be suspended or modified by the
7court, but only upon request of the public employer and only
8if the court determines the suspension or modification is in
9the public interest.
10   Sec. 9.  Section 20.15, Code 2021, is amended by striking the
11section and inserting in lieu thereof the following:
   1220.15  Elections.
   131.  Upon the filing of a petition for certification of an
14employee organization, the board shall submit a question to
15the public employees at an election in the bargaining unit
16found appropriate by the board. The question on the ballot
17shall permit the public employees to vote for no bargaining
18representation or for any employee organization which has
19petitioned for certification or which has presented proof
20satisfactory to the board of support of ten percent or more of
21the public employees in the appropriate unit.
   222.  If a majority of the votes cast on the question is
23for no bargaining representation, the public employees in
24the bargaining unit found appropriate by the board shall not
25be represented by an employee organization. If a majority
26of the votes cast on the question is for a listed employee
27organization, then that employee organization shall represent
28the public employees in the bargaining unit found appropriate
29by the board.
   303.  If none of the choices on the ballot receive the vote
31of a majority of the public employees voting, the board shall
32conduct a runoff election among the two choices receiving the
33greatest number of votes.
   344.  Upon written objections filed by any party to the
35election within ten days after notice of the results of
-4-1the election, if the board finds that misconduct or other
2circumstances prevented the public employees eligible to
3vote from freely expressing their preferences, the board may
4invalidate the election and hold a second election for the
5public employees.
   65.  Upon completion of a valid election in which the majority
7choice of the employees voting is determined, the board shall
8certify the results of the election and shall give reasonable
9notice of the order to all employee organizations listed on the
10ballot, the public employers, and the public employees in the
11appropriate bargaining unit.
   126.  a.  A petition for certification as exclusive bargaining
13representative of a bargaining unit shall not be considered
14by the board for a period of one year from the date of the
15noncertification of an employee organization as the exclusive
16bargaining representative of that bargaining unit following a
17certification election. A petition for certification as the
18exclusive bargaining representative of a bargaining unit shall
19also not be considered by the board if the bargaining unit is
20at that time represented by a certified exclusive bargaining
21representative.
   22b.  A petition for the decertification of the exclusive
23bargaining representative of a bargaining unit shall not be
24considered by the board for a period of one year from the date
25of its certification, or within one year of its continued
26certification following a decertification election, or during
27the duration of a collective bargaining agreement which, for
28purposes of this section, shall be deemed not to exceed two
29years. However, if a petition for decertification is filed
30during the duration of a collective bargaining agreement, the
31board shall award an election under this section not more than
32one hundred eighty days and not less than one hundred fifty
33days prior to the expiration of the collective bargaining
34agreement. If an employee organization is decertified, the
35board may receive petitions under section 20.14, provided that
-5-1no such petition and no election conducted pursuant to such
2petition within one year from decertification shall include as
3a party the decertified employee organization.
   4c.  A collective bargaining agreement with the state, its
5boards, commissions, departments, and agencies shall be for two
6years. The provisions of a collective bargaining agreement or
7arbitrator’s award affecting state employees shall not provide
8for renegotiations which would require the refinancing of
9salary and fringe benefits for the second year of the term of
10the agreement, except as provided in section 20.17, subsection
116. The effective date of any such agreement shall be July 1 of
12odd-numbered years, provided that if an exclusive bargaining
13representative is certified on a date which will prevent the
14negotiation of a collective bargaining agreement prior to
15July 1 of odd-numbered years for a period of two years, the
16certified collective bargaining representative may negotiate
17a one-year contract with the public employer which shall be
18effective from July 1 of the even-numbered year to July 1
19of the succeeding odd-numbered year when new contracts shall
20become effective.
21   Sec. 10.  Section 20.17, subsection 8, Code 2021, is amended
22by striking the subsection and inserting in lieu thereof the
23following:
   248.  The salaries of all public employees of the state under
25a merit system and all other fringe benefits which are granted
26to all public employees of the state shall be negotiated with
27the governor or the governor’s designee on a statewide basis,
28except those benefits which are not subject to negotiations
29pursuant to the provisions of section 20.9.
30   Sec. 11.  Section 20.17, Code 2021, is amended by adding the
31following new subsection:
32   NEW SUBSECTION.  8A.  A public employee or any employee
33organization shall not negotiate or attempt to negotiate
34directly with a member of the governing board of a public
35employer if the public employer has appointed or authorized
-6-1a bargaining representative for the purpose of bargaining
2with the public employees or their representative, unless the
3member of the governing board is the designated bargaining
4representative of the public employer.
5   Sec. 12.  Section 20.22, subsections 2, 3, 7, 9, and 10, Code
62021, are amended to read as follows:
   72.  Each party shall serve its final offer on each of
8the impasse items upon the other party within four days of
9the board’s receipt of the request for arbitration, or by a
10deadline otherwise agreed upon by the parties
. The parties may
11continue to negotiate all offers until an agreement is reached
12or an award is rendered by the arbitrator. The full costs of
13arbitration under this section shall be shared equally by the
14parties to the dispute.
   153.  The submission of the impasse items to the arbitrator
16shall be limited to those items upon which the parties have
17not reached agreement. With respect to each such item, the
18arbitrator’s award shall be restricted to the final offers on
19each impasse item submitted by the parties to the arbitrator,
20except as provided in subsection 10, paragraph “b”
.
   217.  For an arbitration involving a bargaining unit that
22has at least thirty percent of members who are public safety
23employees, the
 The arbitrator shall consider and specifically
24address in the arbitrator’s determination
, in addition to any
25other relevant factors, the following factors:
   26a.  Past collective bargaining contracts between the parties
27including the bargaining that led up to such contracts.
   28b.  Comparison of wages, hours, and conditions of employment
29of the involved public employees with those of other public
30employees doing comparable work, giving consideration to
31factors peculiar to the area and the classifications involved.
   32c.  The interests and welfare of the public, the ability of
33the public employer to finance economic adjustments, and the
34effect of such adjustments on the normal standard of services.
   35d.  The power of the public employer to levy taxes and
-7-1appropriate funds for the conduct of its operations.
   29.  a.  The arbitrator may administer oaths, examine
3witnesses and documents, take testimony and receive evidence,
4and issue subpoenas to compel the attendance of witnesses and
5the production of records. The arbitrator may petition the
6district court at the seat of government or of the county
7in which the hearing is held to enforce the order of the
8arbitrator compelling the attendance of witnesses and the
9production of records.
   10b.  Except as required for purposes of the consideration of
11the factors specified in subsection 7, paragraphs “a” through
12“c”, and subsection 8, paragraph “a”, subparagraphs (1) through
13(3), the parties shall not introduce, and the arbitrator
14shall not accept or consider, any direct or indirect evidence
15regarding any subject excluded from negotiations pursuant to
16section 20.9.
   1710.  a.  The arbitrator shall select within fifteen
18days after the hearing the most reasonable offer, in the
19arbitrator’s judgment, of the final offers on each impasse item
20submitted by the parties.
   21b.  (1)  However, for an arbitration involving a bargaining
22unit that does not have at least thirty percent of members who
23are public safety employees, with respect to any increase in
24base wages, the arbitrator’s award shall not exceed the lesser
25of the following percentages in any one-year period in the
26duration of the bargaining agreement:
   27(a)  Three percent.
   28(b)  A percentage equal to the increase in the consumer
29price index for all urban consumers for the midwest region,
30if any, as determined by the United States department of
31labor, bureau of labor statistics, or a successor index. Such
32percentage shall be the change in the consumer price index
33for the twelve-month period beginning eighteen months prior
34to the month in which the impasse item regarding base wages
35was submitted to the arbitrator and ending six months prior to
-8-1the month in which the impasse item regarding base wages was
2submitted to the arbitrator.
   3(2)  To assist the parties in the preparation of their final
4offers on an impasse item regarding base wages, the board
5shall provide information to the parties regarding the change
6in the consumer price index for all urban consumers for the
7midwest region for any twelve-month period. The department of
8workforce development shall assist the board in preparing such
9information upon request.
10   Sec. 13.  Section 20.22, subsection 8, Code 2021, is amended
11by striking the subsection.
12   Sec. 14.  Section 20.26, subsection 4, Code 2021, is amended
13to read as follows:
   144.  Nothing in this section shall be construed to prohibit
15voluntary contributions by individuals to political parties
16or candidates, provided that such contributions are not made
17through payroll deductions
.
18   Sec. 15.  Section 20.29, Code 2021, is amended to read as
19follows:
   2020.29  Filing agreement — public access — internet site.
   211.  Collective bargaining agreements shall be in writing and
22shall be signed by the parties.
   232.  A copy of a collective bargaining agreement entered into
24between a public employer and a certified employee organization
25and made final under this chapter shall be filed with the board
26by the public employer within ten days of the date on which the
27agreement is entered into.
   283.  Copies of collective bargaining agreements entered
29into between the state and the state employees’ bargaining
30representatives and made final under this chapter shall be
31filed with the secretary of state and be made available to the
32public at cost.
   334.  The board shall maintain an internet site that allows
34searchable access to a database of collective bargaining
35agreements and other collective bargaining information.
-9-
1   Sec. 16.  Section 20.30, Code 2021, is amended by striking
2the section and inserting in lieu thereof the following:
   320.30  Supervisory member — no reduction before retirement.
   41.  A supervisory member of any department or agency
5employed by the state of Iowa shall not be granted a voluntary
6reduction to a nonsupervisory rank or grade during the six
7months preceding retirement of the member. A member of any
8department or agency employed by the state of Iowa who retires
9in less than six months after voluntarily requesting and
10receiving a reduction in rank or grade from a supervisory to a
11nonsupervisory position shall be ineligible for a benefit to
12which the member is entitled as a nonsupervisory member but is
13not entitled as a supervisory member.
   142.  The provisions of this section shall be effective during
15the collective bargaining agreement in effect from July 1,
161979, to June 30, 1981.
17   Sec. 17.  Section 20.31, subsection 2, unnumbered paragraph
181, Code 2021, is amended to read as follows:
   19A mediator shall not be required to testify in any judicial,
20administrative, arbitration, or grievance proceeding regarding
21any matters occurring in the course of a mediation, including
22any verbal or written communication or behavior, other than
23facts relating exclusively to the timing or scheduling of
24mediation. A mediator shall not be required to produce or
25disclose any documents, including notes, memoranda, or other
26work product, relating to mediation, other than documents
27relating exclusively to the timing or scheduling of mediation.
28This subsection shall not apply in any of the following
29circumstances:
30   Sec. 18.  Section 22.7, subsection 69, Code 2021, is amended
31to read as follows:
   3269.  The evidence of public employee support for
33the certification, retention and recertification, or
34decertification of an employee organization as defined in
35section 20.3 that is submitted to the public employment
-10-1relations board as provided in section 20.14 or 20.15.
2   Sec. 19.  Section 22.7, subsection 70, Code 2021, is amended
3by striking the subsection.
4   Sec. 20.  Section 70A.17A, Code 2021, is amended by adding
5the following new subsection:
6   NEW SUBSECTION.  3.  This section shall not affect a payroll
7deduction elected by a state employee pursuant to section
870A.19.
9   Sec. 21.  Section 70A.19, Code 2021, is amended by striking
10the section and inserting in lieu thereof the following:
   1170A.19  Duration of state payroll deduction for dues of
12employee organization member.
  13A state employee who elects a payroll deduction for
14membership dues to an employee organization pursuant to the
15provisions of a collective bargaining agreement negotiated
16under the provisions of chapter 20 shall maintain the deduction
17for a period of one year or until the expiration of the
18collective bargaining agreement, whichever occurs first. A
19state employee who transfers employment to a position covered
20by a different collective bargaining agreement or who becomes
21a management employee is not subject to this requirement.
22With respect to state employees, this section supersedes the
23provisions of section 20.9 allowing termination of a dues
24checkoff at any time but does not supersede the requirement for
25thirty days’ written notice of termination.
26   Sec. 22.  Section 412.2, subsection 1, Code 2021, is amended
27to read as follows:
   281.  From the proceeds of the assessments on the wages
29and salaries of employees, of any such waterworks system,
30or other municipally owned and operated public utility,
31eligible to receive the benefits thereof. Notwithstanding
32any provisions of section 20.9 to the contrary, a council,
33board of waterworks, or other board or commission which
34establishes a pension and annuity retirement system pursuant to
35this chapter, shall negotiate in good faith with a certified
-11-1employee organization as defined in section 20.3, which is the
2collective bargaining representative of the employees, with
3respect to the amount or rate of the assessment on the wages
4and salaries of employees and the method or methods for payment
5of the assessment by the employees.

6   Sec. 23.  Section 602.1401, subsection 3, paragraph b, Code
72021, is amended to read as follows:
   8b.  For purposes of chapter 20, the certified representative,
9which on July 1, 1983, represents employees who become judicial
10branch employees as a result of 1983 Iowa Acts, ch.186, shall
11remain the certified representative when the employees become
12judicial branch employees and thereafter, unless the public
13employee organization is not retained and recertified or is
14 decertified in an election held under section 20.15 or amended
15or absorbed into another certified organization pursuant to
16chapter 20. Collective bargaining negotiations shall be
17conducted on a statewide basis and the certified employee
18organizations which engage in bargaining shall negotiate on a
19statewide basis, although bargaining units shall be organized
20by judicial district. The public employment relations board
21shall adopt rules pursuant to chapter 17A to implement this
22subsection.
23   Sec. 24.  REPEAL.  Sections 20.32 and 20.33, Code 2021, are
24repealed.
25   Sec. 25.  TRANSITION PROCEDURES — DEADLINE — EMERGENCY
26RULES.
   271.  As of the effective date of this division of this Act,
28parties, mediators, and arbitrators engaging in any collective
29bargaining procedures provided for in chapter 20, Code 2021,
30who have not, before the effective date of this division
31of this Act, completed such procedures, shall immediately
32terminate any such procedures in process. A collective
33bargaining agreement negotiated pursuant to such procedures in
34process shall not become effective. Parties, mediators, and
35arbitrators shall not engage in further collective bargaining
-12-1procedures except as provided in this section. Such parties
2shall commence collective bargaining in accordance with section
320.17, as amended in this division of this Act. Such parties
4shall complete such bargaining not later than June 30, 2021,
5unless the parties mutually agree to a different deadline.
   62.  The public employment relations board shall adopt
7emergency rules under section 17A.4, subsection 3, and section
817A.5, subsection 2, paragraph “b”, to provide for procedures
9as deemed necessary to implement the provisions of this section
10and the rules shall be effective immediately upon filing
11unless a later date is specified in the rules. Such rules
12shall include but are not limited to alternative deadlines for
13completion of the procedures provided in sections 20.17 and
1420.22, as amended by this division of this Act, and sections
1520.19 and 20.20, which deadlines may be waived by mutual
16agreement of the parties.
   173.  The department of administrative services shall adopt
18emergency rules under section 17A.4, subsection 3, and
19section 17A.5, subsection 2, paragraph “b”, to provide for the
20implementation of section 70A.19, as amended by this division
21of this Act, and the rules shall be effective immediately upon
22filing unless a later date is specified in the rules.
23   Sec. 26.  ELECTIONS — DIRECTIVES TO PUBLIC EMPLOYMENT
24RELATIONS BOARD.
   251.  The public employment relations board shall cancel any
26elections scheduled or in process pursuant to section 20.15,
27subsection 2, Code 2021, as of the effective date of this Act.
   282.  Notwithstanding section 20.15, subsection 1, paragraph
29“c”, Code 2021, the public employment relations board
30shall consider a petition for certification of an employee
31organization as the exclusive representative of a bargaining
32unit for which an employee organization was not retained and
33recertified as the exclusive representative of that bargaining
34unit regardless of the amount of time that has elapsed since
35the retention and recertification election at which an employee
-13-1organization was not retained or recertified.
2   Sec. 27.  EFFECTIVE DATE.  This division of this Act, being
3deemed of immediate importance, takes effect upon enactment.
4   Sec. 28.  APPLICABILITY.  With the exception of the
5section of this division of this Act amending section 20.6,
6subsection 1, this division of this Act does not apply to
7collective bargaining agreements which have been ratified in a
8ratification election referred to in section 20.17, subsection
94, for which an arbitrator has made a final determination as
10described in section 20.22, subsection 11, or which have become
11effective, where such events occurred before the effective
12date of this division of this Act. This division of this Act
13applies to all collective bargaining procedures provided for in
14chapter 20 occurring on and after the effective date of this
15division of this Act and collective bargaining agreements for
16which a ratification election referred to in section 20.17,
17subsection 4, is held, for which an arbitrator makes a final
18determination as described in section 20.22, subsection 11, or
19which become effective on or after the effective date of this
20division of this Act.
21DIVISION II
22EDUCATOR EMPLOYMENT MATTERS
23   Sec. 29.  Section 279.13, subsections 2 and 5, Code 2021, are
24amended to read as follows:
   252.  The contract shall remain in force and effect for the
26period stated in the contract and shall be automatically
27continued for equivalent periods except as modified or
28terminated by mutual agreement of the board of directors and
29the teacher or as modified or terminated in accordance with
30the provisions specified in this chapter. A contract shall
31not be offered by the employing board to a teacher under its
32jurisdiction prior to March 15 of any year. A teacher who has
33not accepted a contract for the ensuing school year tendered
34by the employing board may resign effective at the end of the
35current school year by filing a written resignation with the
-14-1secretary of the board. The resignation must be filed not
2later than the last day of the current school year or the date
3specified by the employing board for return of the contract,
4whichever date occurs first. However, a teacher shall not be
5required to return a contract to the board or to resign less
6than twenty-one days after the contract has been offered.
   75.  Notwithstanding the other provisions of this section, a
8temporary contract may be issued to a teacher for a period of
9up to six months. Notwithstanding the other provisions of this
10section, a temporary contract may also be issued to a teacher

11 to fill a vacancy created by a leave of absence in accordance
12with the provisions of section 29A.28, which contract shall
13automatically terminate upon return from military leave of the
14former incumbent of the teaching position. Temporary contracts
15
 and which contract shall not be subject to the provisions of
16sections 279.15 through 279.19, or section 279.27. A separate
17extracurricular contract issued pursuant to section 279.19A to
18a person issued a temporary contract under this section shall
19automatically terminate with the termination of the temporary
20contract as required under section 279.19A, subsection 8.
21   Sec. 30.  Section 279.13, subsection 4, unnumbered paragraph
221, Code 2021, is amended to read as follows:
   23For purposes of this section, sections 279.14, 279.15,
24279.16
 through 279.17, 279.19, and 279.27, unless the context
25otherwise requires, “teacher” includes the following individuals
26employed by a community college:
27   Sec. 31.  Section 279.14, Code 2021, is amended to read as
28follows:
   29279.14  Evaluation criteria and procedures.
   301.  The board shall establish evaluation criteria and shall
31implement
evaluation procedures. If an exclusive bargaining
32representative has been certified, the board shall negotiate
33in good faith with respect to evaluation procedures pursuant
34to chapter 20.

   352.  The determination of standards of performance expected
-15-1of school district personnel shall be reserved as an exclusive
2management right of the school board and shall not be subject
3to mandatory negotiations under chapter 20. Objections
4
 Notwithstanding chapter 20, objections to the procedures,
5use, or content of an evaluation in a teacher termination
6proceeding brought before the school board in a hearing held in
7accordance with section 279.16 or 279.27 shall not be subject
8to any the grievance procedures negotiated in accordance with
9chapter 20. A school district shall not be obligated to
10process any evaluation grievance after service of a notice and
11recommendation to terminate an individual’s continuing teaching
12contract in accordance with this chapter.

13   Sec. 32.  Section 279.15, subsection 2, paragraph c, Code
142021, is amended to read as follows:
   15c.  Within five days of the receipt of the written notice
16that the superintendent is recommending termination of the
17contract, the teacher may request, in writing to the secretary
18of the board, a private hearing with the board. The private
19hearing shall not be subject to chapter 21 and shall be held
20no sooner than twenty ten days and no later than forty twenty
21 days following the receipt of the request unless the parties
22otherwise agree. The secretary of the board shall notify the
23teacher in writing of the date, time, and location of the
24private hearing, and at least ten five days before the hearing
25shall also furnish to the teacher any documentation which
26may be presented to the board at the private hearing and a
27list of persons who may address the board in support of the
28superintendent’s recommendation at the private hearing. At
29least seven three days before the hearing, the teacher shall
30provide any documentation the teacher expects to present at
31the private hearing, along with the names of any persons who
32may address the board on behalf of the teacher. This exchange
33of information shall be at the time specified unless otherwise
34agreed.
35   Sec. 33.  Section 279.16, Code 2021, is amended by striking
-16-1the section and inserting in lieu thereof the following:
   2279.16  Private hearing — decision — record.
   31.  The participants at the private hearing shall be
4at least a majority of the members of the board, their
5legal representatives, if any, the superintendent, the
6superintendent’s designated representatives, if any, the
7teacher’s immediate supervisor, the teacher, the teacher’s
8representatives, if any, and the witnesses for the parties.
9The evidence at the private hearing shall be limited to the
10specific reasons stated in the superintendent’s notice of
11recommendation of termination. No participant in the hearing
12shall be liable for any damages to any person if any statement
13at the hearing is determined to be erroneous as long as the
14statement was made in good faith. The superintendent shall
15present evidence and argument on all issues involved and
16the teacher may cross-examine, respond and present evidence
17and argument in the teacher’s behalf relevant to all issues
18involved. Evidence may be by stipulation of the parties and
19informal settlement may be made by stipulation, consent, or
20default or by any other method agreed upon by the parties in
21writing. The board shall employ a certified shorthand reporter
22to keep a record of the private hearing. The proceedings
23or any part thereof shall be transcribed at the request of
24either party with the expense of transcription charged to the
25requesting party.
   262.  The presiding officer of the board may administer oaths
27in the same manner and with like effect and under the same
28penalties as in the case of magistrates exercising criminal
29or civil jurisdiction. The board shall cause subpoenas to be
30issued for such witnesses and the production of such books
31and papers as either the board or the teacher may designate.
32The subpoenas shall be signed by the presiding officer of the
33board.
   343.  In case a witness is duly subpoenaed and refuses to
35attend, or in case a witness appears and refuses to testify
-17-1or to produce required books or papers, the board shall,
2in writing, report such refusal to the district court of
3the county in which the administrative office of the school
4district is located, and the court shall proceed with the
5person or witness as though the refusal had occurred in a
6proceeding legally pending before the court.
   74.  The board shall not be bound by common law or statutory
8rules of evidence or by technical or formal rules of procedure,
9but it shall hold the hearing in such manner as is best suited
10to ascertain and conserve the substantial rights of the
11parties. Process and procedure under sections 279.13 through
12279.19 shall be as summary as reasonably may be.
   135.  At the conclusion of the private hearing, the
14superintendent and the teacher may file written briefs and
15arguments with the board within three days or such other time
16as may be agreed upon.
   176.  If the teacher fails to timely request a private hearing
18or does not appear at the private hearing, the board may
19proceed and make a determination upon the superintendent’s
20recommendation. If the teacher fails to timely file a request
21for a private hearing, the determination shall be not later
22than May 31. If the teacher fails to appear at the private
23hearing, the determination shall be not later than five days
24after the scheduled date for the private hearing. The board
25shall convene in open session and by roll call vote determine
26the termination or continuance of the teacher’s contract
27and, if the board votes to continue the teacher’s contract,
28whether to suspend the teacher with or without pay for a period
29specified by the board.
   307.  Within five days after the private hearing, the board
31shall, in executive session, meet to make a final decision
32upon the recommendation and the evidence as herein provided.
33The board shall also consider any written brief and arguments
34submitted by the superintendent and the teacher.
   358.  The record for a private hearing shall include:
-18-
   1a.  All pleadings, motions and intermediate rulings.
   2b.  All evidence received or considered and all other
3submissions.
   4c.  A statement of all matters officially noticed.
   5d.  All questions and offers of proof, objections and rulings
6thereon.
   7e.  All findings and exceptions.
   8f.  Any decision, opinion, or conclusion by the board.
   9g.  Findings of fact shall be based solely on the evidence in
10the record and on matters officially noticed in the record.
   119.  The decision of the board shall be in writing and shall
12include findings of fact and conclusions of law, separately
13stated. Findings of fact, if set forth in statutory language,
14shall be accompanied by a concise and explicit statement of
15the underlying facts supporting the findings. Each conclusion
16of law shall be supported by cited authority or by reasoned
17opinion.
   1810.  When the board has reached a decision, opinion, or
19conclusion, it shall convene in open meeting and by roll
20call vote determine the continuance or discontinuance of the
21teacher’s contract and, if the board votes to continue the
22teacher’s contract, whether to suspend the teacher with or
23without pay for a period specified by the board. The record
24of the private conference and findings of fact and exceptions
25shall be exempt from the provisions of chapter 22. The
26secretary of the board shall immediately mail notice of the
27board’s action to the teacher.
28   Sec. 34.  NEW SECTION.  279.17  Appeal by teacher to
29adjudicator.
   301.  If the teacher is no longer a probationary teacher, the
31teacher may, within ten days, appeal the determination of the
32board to an adjudicator by filing a notice of appeal with the
33secretary of the board. The notice of appeal shall contain a
34concise statement of the action which is the subject of the
35appeal, the particular board action appealed from, the grounds
-19-1on which relief is sought and the relief sought.
   22.  Within five days following receipt by the secretary
3of the notice of appeal, the board or the board’s legal
4representative, if any, and the teacher or the teacher’s
5representative, if any, may select an adjudicator who resides
6within the boundaries of the merged area in which the school
7district is located. If an adjudicator cannot be mutually
8agreed upon within the five-day period, the secretary shall
9notify the chairperson of the public employment relations board
10by transmitting the notice of appeal, and the chairperson of
11the public employment relations board shall within five days
12provide a list of five adjudicators to the parties. Within
13three days from receipt of the list of adjudicators, the
14parties shall select an adjudicator by alternately removing a
15name from the list until only one name remains. The person
16whose name remains shall be the adjudicator. The parties shall
17determine by lot which party shall remove the first name from
18the list submitted by the chairperson of the public employment
19relations board. The secretary of the board shall inform the
20chairperson of the public employment relations board of the
21name of the adjudicator selected.
   223.  If the teacher does not timely request an appeal to an
23adjudicator, the decision, opinion, or conclusion of the board
24shall become final and binding.
   254.  a.  Within thirty days after filing the notice of appeal,
26or within further time allowed by the adjudicator, the board
27shall transmit to the adjudicator the original or a certified
28copy of the entire record of the private hearing which may be
29the subject of the petition. By stipulation of the parties
30to review the proceedings, the record of the case may be
31shortened. The adjudicator may require or permit subsequent
32corrections or additions to the shortened record.
   33b.  The record certified and filed by the board shall be the
34record upon which the appeal shall be heard and no additional
35evidence shall be heard by the adjudicator. In such appeal to
-20-1the adjudicator, especially when considering the credibility
2of witnesses, the adjudicator shall give weight to the fact
3findings of the board but shall not be bound by them.
   45.  Before the date set for hearing a petition for review
5of board action, which shall be within ten days after
6receipt of the record unless otherwise agreed or unless the
7adjudicator orders additional evidence be taken before the
8board, application may be made to the adjudicator for leave to
9present evidence in addition to that found in the record of the
10case. If it is shown to the adjudicator that the additional
11evidence is material and that there were good reasons for
12failure to present it in the private hearing before the board,
13the adjudicator may order that the additional evidence be taken
14before the board upon conditions determined by the adjudicator.
15The board may modify its findings and decision in the case by
16reason of the additional evidence and shall file that evidence
17and any modifications, new findings, or decisions, with the
18adjudicator and mail copies of the new findings or decisions
19to the teacher.
   206.  The adjudicator may affirm board action or remand to the
21board for further proceedings. The adjudicator shall reverse,
22modify, or grant any appropriate relief from the board action
23if substantial rights of the teacher have been prejudiced
24because the board action is any of the following:
   25a.  In violation of a board rule or policy or contract.
   26b.  Unsupported by a preponderance of the competent evidence
27in the record made before the board when that record is viewed
28as a whole.
   29c.  Unreasonable, arbitrary or capricious or characterized
30by an abuse of discretion or a clearly unwarranted exercise of
31discretion.
   327.  The adjudicator shall, within fifteen days after the
33hearing, make a decision and shall give a copy of the decision
34to the teacher and the secretary of the board. The decision
35of the adjudicator shall become the final and binding decision
-21-1of the board unless either party within ten days notifies the
2secretary of the board that the decision is rejected. The
3board may reject the decision by majority roll call vote, in
4open meeting, entered into the minutes of the meeting. The
5board shall immediately notify the teacher of its decision
6by certified mail. The teacher may reject the adjudicator’s
7decision by notifying the board’s secretary in writing within
8ten days of the filing of such decision.
   98.  All costs of the adjudicator shall be shared equally by
10the teacher and the board.
11   Sec. 35.  Section 279.18, Code 2021, is amended by striking
12the section and inserting in lieu thereof the following:
   13279.18  Appeal by either party to court.
   141.  If either party rejects the adjudicator’s decision,
15the rejecting party shall, within thirty days of the initial
16filing of such decision, appeal to the district court of
17the county in which the administrative office of the school
18district is located. The notice of appeal shall be immediately
19mailed by certified mail to the other party. The adjudicator
20shall transmit to the reviewing court the original or a
21certified copy of the entire record which may be the subject
22of the petition. By stipulation of all parties to the review
23proceedings, the record of such a case may be shortened. A
24party unreasonably refusing to stipulate to limit the record
25may be taxed by the court for the additional cost. The court
26may require or permit subsequent corrections or additions to
27the shortened record.
   282.  In proceedings for judicial review of the adjudicator’s
29decision, the court shall not hear any further evidence
30but shall hear the case upon the certified record. In such
31judicial review, especially when considering the credibility of
32witnesses, the court shall give weight to the fact findings of
33the board but shall not be bound by them. The court may affirm
34the adjudicator’s decision or remand to the adjudicator or the
35board for further proceedings upon conditions determined by the
-22-1court. The court shall reverse, modify, or grant any other
2appropriate relief from the board decision or the adjudicator’s
3decision equitable or legal and including declaratory relief
4if substantial rights of the petitioner have been prejudiced
5because the action is any of the following:
   6a.  In violation of constitutional or statutory provisions.
   7b.  In excess of the statutory authority of the board or the
8adjudicator.
   9c.  In violation of a board rule or policy or contract.
   10d.  Made upon unlawful procedure.
   11e.  Affected by other error of law.
   12f.  Unsupported by a preponderance of the competent evidence
13in the record made before the board and the adjudicator when
14that record is viewed as a whole.
   15g.  Unreasonable, arbitrary or capricious or characterized
16by an abuse of discretion or a clearly unwarranted exercise of
17discretion.
   183.  An aggrieved or adversely affected party to the judicial
19review proceeding may obtain a review of any final judgment of
20the district court by appeal to the supreme court. The appeal
21shall be taken as in other civil cases, although the appeal may
22be taken regardless of the amount involved.
   234.  For purposes of this section, unless the context
24otherwise requires, “rejecting party” shall include but not be
25limited to an instructor employed by a community college.
26   Sec. 36.  Section 279.19, Code 2021, is amended by striking
27the section and inserting in lieu thereof the following:
   28279.19  Probationary period.
   291.  The first three consecutive years of employment of
30a teacher in the same school district are a probationary
31period. However, if the teacher has successfully completed a
32probationary period of employment for another school district
33located in Iowa, the probationary period in the current
34district of employment shall not exceed one year. A board of
35directors may waive the probationary period for any teacher who
-23-1previously has served a probationary period in another school
2district and the board may extend the probationary period for
3an additional year with the consent of the teacher.
   42.  a.  In the case of the termination of a probationary
5teacher’s contract, the provisions of sections 279.15 and
6279.16 shall apply. However, if the probationary teacher is a
7beginning teacher who fails to demonstrate competence in the
8Iowa teaching standards in accordance with chapter 284, the
9provisions of sections 279.17 and 279.18 shall also apply.
   10b.  The board’s decision shall be final and binding unless
11the termination was based upon an alleged violation of a
12constitutionally guaranteed right of the teacher or an alleged
13violation of public employee rights of the teacher under
14section 20.10.
   153.  Notwithstanding any provision to the contrary, the
16grievance procedures of section 20.18 relating to job
17performance or job retention shall not apply to a teacher
18during the first two years of the teacher’s probationary
19period. However, this subsection shall not apply to a teacher
20who has successfully completed a probationary period in a
21school district in Iowa.
22   Sec. 37.  Section 279.19A, subsections 1, 2, 7, and 8, Code
232021, are amended to read as follows:
   241.  School districts employing individuals to coach
25interscholastic athletic sports shall issue a separate
26extracurricular contract for each of these sports. An
27extracurricular contract offered under this section shall be
28separate from the contract issued under section 279.13. Wages
29for employees who coach these sports shall be paid pursuant
30to established or negotiated supplemental pay schedules.

31 An extracurricular contract shall be in writing, and shall
32state the number of contract days for that sport, the annual
33compensation to be paid, and any other matters as may be
34mutually agreed upon. The contract shall be for a single
35school year.
-24-
   12.  a.   An extracurricular contract shall be continued
2automatically in force and effect for equivalent periods,
3except as modified or terminated by mutual agreement of
4the board of directors and the employee, or terminated in
5accordance with this section. An extracurricular contract
6shall initially be offered by the employing board to an
7individual on the same date that contracts are offered to
8teachers under section 279.13. An extracurricular contract
9may be terminated at the end of a school year pursuant to
10sections 279.15 through 279.19.
If the school district offers
11an extracurricular contract for a sport for the subsequent
12school year to an employee who is currently performing
13under an extracurricular contract for that sport, and the
14employee does not wish to accept the extracurricular contract
15for the subsequent year, the employee may resign from the
16extracurricular contract within twenty-one days after it has
17been received.
   18b.  If the provisions of an extracurricular contract executed
19under this section conflict with a collective bargaining
20agreement negotiated under chapter 20 and effective when the
21extracurricular contract is executed or renewed, the provisions
22of the collective bargaining agreement shall prevail
 Section
23279.13, subsection 3, applies to this section
.
   247.  An extracurricular contract may be terminated prior to
25the expiration of that contract for any lawful reason following
26an informal, private hearing before the board of directors
27
 pursuant to section 279.27. The decision of the board to
28terminate an extracurricular contract shall be final.

   298.  a.  A termination proceeding regarding an extracurricular
30contract shall either by the board pursuant to subsection 2 or
31pursuant to section 279.27 does
not affect a contract issued
32pursuant to section 279.13.
   33b.  A termination of a contract entered into pursuant to
34section 279.13, or a resignation from that contract by the
35teacher, constitutes an automatic termination or resignation of
-25-1the extracurricular contract in effect between the same teacher
2and the employing school board.
3   Sec. 38.  Section 279.23, subsection 1, paragraph c, Code
42021, is amended to read as follows:
   5c.  The rate of compensation per week of five consecutive
6days or month of four consecutive weeks
.
7   Sec. 39.  Section 279.23, subsection 5, Code 2021, is amended
8to read as follows:
   95.  Notwithstanding the other provisions of this section,
10a temporary contract may be issued to an administrator for
11up to nine months. Notwithstanding the other provisions of
12this section, a temporary contract may also be issued to
13an administrator
to fill a vacancy created by a leave of
14absence in accordance with the provisions of section 29A.28,
15which contract shall automatically terminate upon return from
16military leave of the former incumbent of the administrator
17position. Temporary contracts and which contract shall not be
18subject to the provisions of sections 279.24 and 279.25.
19   Sec. 40.  Section 279.24, subsections 2 and 4, Code 2021, are
20amended to read as follows:
   212.  If the board of directors is considering termination of
22an administrator’s contract, prior to any formal action, the
23board may arrange to meet in closed session, in accordance with
24the provisions of section 21.5, with the administrator and the
25administrator’s representative. The board shall review the
26administrator’s evaluation, review the reasons for nonrenewal,
27and give the administrator an opportunity to respond. If,
28following the closed session, the board of directors and the
29administrator are unable to mutually agree to a modification
30or termination of the administrator’s contract, or the board
31of directors may issue and the administrator are unable to
32mutually agree to enter into
a one-year, nonrenewable contract,
33 to the administrator. If the board of directors decides to
34terminate the administrator’s contract, the board
shall follow
35the procedures in this section.
-26-
   14.  Administrators employed in a school district for
2less than three two consecutive years are probationary
3administrators. However, a school board may waive the
4probationary period for any administrator who has previously
5served a probationary period in another school district and
6the school board
may extend the probationary period for an
7additional year with the consent of the administrator. If a
8school board determines that it should terminate a probationary
9administrator’s contract, the school board shall notify the
10administrator not later than May 15 that the contract will not
11be renewed beyond the current year. The notice shall be in
12writing by letter, personally delivered, or mailed by certified
13mail. The notification shall be complete when received by the
14administrator. Within ten days after receiving the notice, the
15administrator may request a private conference with the school
16board to discuss the reasons for termination. The school
17board’s decision to terminate a probationary administrator’s
18contract shall be final unless the termination was based upon
19an alleged violation of a constitutionally guaranteed right of
20the administrator.
21   Sec. 41.  Section 279.24, subsection 5, paragraphs c, d, e,
22f, g, and h, Code 2021, are amended to read as follows:
   23c.  Within five days after receipt of the written notice
24that the school board has voted to consider termination of
25the contract, the administrator may request a private hearing
26 in writing to the secretary of the school board. The board
27shall then forward
 that the notification be forwarded to the
28board of educational examiners along with a request that the
29board of educational examiners submit a list of five qualified
30administrative law judges to the parties. Within three
31days from receipt of the list the parties shall select an
32administrative law judge by alternately removing a name from
33the list until only one name remains. The person whose name
34remains shall be the administrative law judge. The parties
35shall determine by lot which party shall remove the first
-27-1name from the list. The private hearing shall be held no
2sooner than twenty ten days and not later than forty thirty
3 days following the administrator’s request unless the parties
4otherwise agree. If the administrator does not request a
5private hearing, the school board, not later than May 31, may
6determine the continuance or discontinuance of the contract
7and, if the board determines to continue the administrator’s
8contract, whether to suspend the administrator with or without
9pay for a period specified by the board. School board action
10shall be by majority roll call vote entered on the minutes of
11the meeting. Notice of school board action shall be personally
12delivered or mailed to the administrator.
   13d.  The administrative law judge selected shall notify
14the secretary of the school board and the administrator in
15writing concerning the date, time, and location of the private
16 hearing. The school board may be represented by a legal
17representative, if any, and the administrator shall appear and
18may be represented by counsel or by representative, if any.
19Any witnesses for the parties at the private hearing shall be
20sequestered.
A transcript or recording shall be made of the
21proceedings at the private hearing. A school board member or
22administrator is not liable for any damage to an administrator
23or school board member if a statement made at the private
24 hearing is determined to be erroneous as long as the statement
25was made in good faith.
   26e.  The administrative law judge shall, within ten days
27following the date of the private hearing, make a proposed
28decision as to whether or not the administrator should be
29dismissed, and shall give a copy of the proposed decision to
30the administrator and the school board. Findings of fact shall
31be prepared by the administrative law judge. The proposed
32decision of the administrative law judge shall become the final
33decision of the school board unless within thirty ten days
34after the filing of the decision the administrator files a
35written notice of appeal with the school board, or the school
-28-1board on its own motion determines to review the decision.
   2f.  If the administrator appeals to the school board, or if
3the school board determines on its own motion to review the
4proposed decision of the administrative law judge, a private
5hearing shall be held before the school board within ten five
6 days after the petition for review, or motion for review, has
7been made or at such other time as the parties agree. The
8private hearing is not subject to chapter 21. The school board
9may hear the case de novo upon the record as submitted before
10the administrative law judge. In cases where there is an
11appeal from a proposed decision or where a proposed decision
12is reviewed on motion of the school board, an opportunity
13shall be afforded to each party to file exceptions, present
14briefs, and present oral arguments to the school board which
15is to render the final decision. The secretary of the school
16board shall give the administrator written notice of the time,
17place, and date of the private hearing. The school board shall
18meet within five days after the private hearing to determine
19the question of continuance or discontinuance of the contract
20and, if the board determines to continue the administrator’s
21contract, whether to suspend the administrator with or
22without pay for a period specified by the board or issue the
23administrator a one-year, nonrenewable contract
. The school
24board shall make findings of fact which shall be based solely
25on the evidence in the record and on matters officially noticed
26in the record.
   27g.  The decision of the school board shall be in writing
 28and shall include findings of fact and conclusions of law,
29separately stated
Findings of fact, if set forth in statutory
30language, shall be accompanied by a concise and explicit
31statement of the underlying facts supporting the findings.
32Each conclusion of law shall be supported by cited authority
33or by reasoned opinion.

   34h.  When the school board has reached a decision, opinion,
35or conclusion, it shall convene in open meeting and by roll
-29-1call vote determine the continuance or discontinuance of
2the administrator’s contract and, if the board votes to
3continue the administrator’s contract, whether to suspend the
4administrator with or without pay for a period specified by
5the board or issue the administrator a one-year, nonrenewable
6contract
. The record of the private hearing conference and
7written decision of the board findings of fact and exceptions
8 shall be exempt from the provisions of chapter 22. The
9secretary of the school board shall immediately personally
10deliver or mail notice of the school board’s action to the
11administrator.
12   Sec. 42.  Section 279.27, Code 2021, is amended to read as
13follows:
   14279.27  Discharge of teacher.
   151.  A teacher may be discharged at any time during the
16contract year for just cause. The superintendent or the
17superintendent’s designee, shall notify the teacher immediately
18that the superintendent will recommend in writing to the board
19at a regular or special meeting of the board held not more
20than fifteen days after notification has been given to the
21teacher that the teacher’s continuing contract be terminated
22effective immediately following a decision of the board.
23The procedure for dismissal shall be as provided in section
24279.15, subsection 2, and sections 279.16 through 279.19. The
25superintendent may suspend a teacher under this section pending
26hearing and determination by the board.
   272.  For purposes of this section, “just cause” includes
28but is not limited to a violation of the code of professional
29conduct and ethics of the board of educational examiners if
30the board has taken disciplinary action against a teacher,
31during the six months following issuance by the board of a
32final written decision and finding of fact after a disciplinary
33proceeding.
34   Sec. 43.  Section 284.3, subsection 2, Code 2021, is amended
35to read as follows:
-30-   12.  A school board shall provide for the following:
   2a.  For purposes of comprehensive evaluations, standards
3and criteria which measure a beginning teacher’s performance
4against the Iowa teaching standards specified in subsection 1,
5and the criteria for the Iowa teaching standards developed by
6the department in accordance with section 256.9, to determine
7whether the teacher’s practice meets the requirements specified
8for a career teacher. These standards and criteria shall be
9set forth in an instrument provided by the department. The
10comprehensive evaluation and instrument are not subject to
11negotiations or grievance procedures pursuant to chapter 20 or
12determinations made by the board of directors under section
13279.14. A local school board and its certified bargaining
14representative may negotiate, pursuant to chapter 20,
15evaluation and grievance procedures for beginning teachers that
16are not in conflict with this chapter. If, in accordance with
17section 279.19, a beginning teacher appeals the determination
18of a school board to an adjudicator under section 279.17, the
19adjudicator selected shall have successfully completed training
20related to the Iowa teacher standards, the criteria adopted
21by the state board in accordance with subsection 3, and any
22additional training required under rules adopted by the public
23employment relations board in cooperation with the state board.

   24b.  For purposes of performance reviews for teachers other
25than beginning teachers, evaluations that contain, at a
26minimum, the Iowa teaching standards specified in subsection
271, as well as the criteria for the Iowa teaching standards
28developed by the department in accordance with section
29256.9, subsection 42. A local school board and its certified
30bargaining representative may negotiate, pursuant to chapter
3120, additional teaching standards and criteria. A local
32school board and its certified bargaining representative shall
33negotiate, pursuant to chapter 20, evaluation and grievance
34procedures for teachers other than beginning teachers that are
35not in conflict with this chapter.

-31-
1   Sec. 44.  Section 284.4, subsection 1, paragraph b,
2subparagraphs (2) and (5), Code 2021, are amended to read as
3follows:
   4(2)  Monitor the evaluation requirements of this chapter
5to ensure evaluations are conducted in a fair and consistent
6manner throughout the school district or agency. The committee
7shall
 In addition to any negotiated evaluation procedures,
8 develop model evidence for the Iowa teaching standards and
9criteria. The model evidence will minimize paperwork and focus
10on teacher improvement. The model evidence will determine
11which standards and criteria can be met with observation and
12which evidence meets multiple standards and criteria.
   13(5)  Determine Ensure the agreement negotiated pursuant to
14chapter 20 determines
the compensation for teachers on the
15committee for work responsibilities required beyond the normal
16work day.
17   Sec. 45.  Section 284.8, subsections 2 and 3, Code 2021, are
18amended to read as follows:
   192.  If a supervisor or an evaluator determines, at any time,
20as a result of a teacher’s performance that the teacher is not
21meeting district expectations under the Iowa teaching standards
22specified in section 284.3, subsection 1, paragraphs “a”
23through “h”, and the criteria for the Iowa teaching standards
24developed by the department in accordance with section 256.9,
25subsection 42, and any other standards or criteria established
26in the collective bargaining agreement,
the evaluator shall,
27at the direction of the teacher’s supervisor, recommend to
28the district that the teacher participate in an intensive
29assistance program. The intensive assistance program and its
30implementation are not subject to negotiation and grievance
31procedures established pursuant to chapter 20. All school
32districts shall be prepared to offer an intensive assistance
33program.
   343.  A teacher who is not meeting the applicable standards and
35criteria based on a determination made pursuant to subsection 2
-32-1shall participate in an intensive assistance program. However,
2a teacher who has previously participated in an intensive
3assistance program relating to particular Iowa teaching
4standards or criteria shall not be entitled to participate
5in another intensive assistance program relating to the same
6standards or criteria and shall be subject to the provisions of
7subsection 4.

8   Sec. 46.  Section 284.8, Code 2021, is amended by adding the
9following new subsection:
10   NEW SUBSECTION.  2A.  If a teacher is denied advancement
11to the career II or advanced teacher level based upon a
12performance review, the teacher may appeal the decision to an
13adjudicator under the process established under section 279.17.
14However, the decision of the adjudicator is final.
15   Sec. 47.  Section 284.8, subsection 4, Code 2021, is amended
16by striking the subsection.
17   Sec. 48.  EFFECTIVE DATE.  This division of this Act, being
18deemed of immediate importance, takes effect upon enactment.
19   Sec. 49.  APPLICABILITY.  This division of this Act applies
20to employment contracts of school employees entered into
21pursuant to chapter 279 on and after the effective date of
22this division of this Act. This division of this Act does
23not apply to collective bargaining agreements which have been
24ratified in a ratification election referred to in section
2520.17, subsection 4, for which an arbitrator has made a final
26determination as described in section 20.22, subsection 11,
27or which have become effective, where such events occurred
28before the effective date of this division of this Act. This
29division of this Act applies to all collective bargaining
30procedures provided for in chapter 20 occurring on and after
31the effective date of this division of this Act and collective
32bargaining agreements pursuant to chapter 20 for which a
33ratification election referred to in section 20.17, subsection
344, is held, for which an arbitrator makes a final determination
35as described in section 20.22, subsection 11, or which become
-33-1effective on or after the effective date of this division of
2this Act.
3DIVISION III
4CITY CIVIL SERVICE REQUIREMENTS
5   Sec. 50.  Section 400.12, subsection 4, Code 2021, is amended
6by striking the subsection.
7   Sec. 51.  Section 400.17, subsection 4, Code 2021, is amended
8to read as follows:
   94.  A person shall not be appointed, denied appointment,
10promoted, removed, discharged, suspended, or demoted to or
11from a civil service position or in any other way favored or
12discriminated against in that position because of political
13or religious opinions or affiliations, race, national origin,
14sex, or age, or in retaliation for the exercise of any right
15enumerated in this chapter. However, the maximum age for a
16police officer or fire fighter covered by this chapter and
17employed for police duty or the duty of fighting fires is
18sixty-five years of age.
19   Sec. 52.  Section 400.18, Code 2021, is amended by striking
20the section and inserting in lieu thereof the following:
   21400.18  Removal, demotion, or suspension.
   221.  A person holding civil service rights as provided in
23this chapter shall not be removed, demoted, or suspended
24arbitrarily, except as otherwise provided in this chapter, but
25may be removed, demoted, or suspended after a hearing by a
26majority vote of the civil service commission, for neglect of
27duty, disobedience, misconduct, or failure to properly perform
28the person’s duties.
   292.  The party alleging neglect of duty, disobedience,
30misconduct, or failure to properly perform a duty shall have
31the burden of proof.
   323.  A person subject to a hearing has the right to be
33represented by counsel at the person’s expense or by the
34person’s authorized collective bargaining representative.
35   Sec. 53.  Section 400.19, Code 2021, is amended to read as
-34-1follows:
   2400.19  Removal, or discharge, demotion, or suspension of
3subordinates.
   4The person having the appointing power as provided in
5this chapter, or the chief of police or chief of the fire
6department, may, upon presentation of grounds for such action
7to the subordinate in writing,
peremptorily remove, discharge,
8demote, or
suspend, demote, or discharge a subordinate then
9under the person’s or chief’s direction due to any act or
10failure to act by the employee that is in contravention of law,
11city policies, or standard operating procedures, or that in
12the judgment of the person or chief is sufficient to show that
13the employee is unsuitable or unfit for employment
 for neglect
14of duty, disobedience of orders, misconduct, or failure to
15properly perform the subordinate’s duties
.
16   Sec. 54.  Section 400.20, Code 2021, is amended to read as
17follows:
   18400.20  Appeal.
   19The removal, discharge suspension, demotion, or suspension
20
 discharge of a person holding civil service rights may be
21appealed to the civil service commission within fourteen
22calendar days after the removal, discharge suspension,
23demotion, or suspension discharge.
24   Sec. 55.  Section 400.21, Code 2021, is amended to read as
25follows:
   26400.21  Notice of appeal.
   27If the appeal be taken by the person removed, discharged
28
 suspended, demoted, or suspended discharged, notice of the
29appeal, signed by the appellant and specifying the ruling
30appealed from, shall be filed with the clerk of the commission.
31If the appeal is taken by the person making such removal,
32discharge
 suspension, demotion, or suspension discharge, such
33notice shall also be served upon the person removed, discharged
34
 suspended, demoted, or suspended discharged.
35   Sec. 56.  Section 400.22, Code 2021, is amended to read as
-35-1follows:
   2400.22  Charges.
   3Within fourteen calendar days from the service of the notice
4of appeal, the person or body making the ruling appealed
5from shall file with the body to which the appeal is taken a
6written specification of the charges and grounds upon which the
7ruling was based. If the charges are not filed, the person
8removed, suspended or discharged, demoted, or suspended may
9present the matter to the body to whom the appeal is to be
10taken by affidavit, setting forth the facts, and the body to
11whom the appeal is to be taken shall immediately enter an
12order reinstating the person removed, suspended or discharged,
13demoted, or suspended
for want of prosecution.
14   Sec. 57.  Section 400.27, subsection 3, Code 2021, is amended
15to read as follows:
   163.  The city or any civil service employee shall have a
17right to appeal to the district court from the final ruling or
18decision of the civil service commission. The appeal shall be
19taken within thirty days from the filing of the formal decision
20of the commission. The district court of the county in which
21the city is located shall have full jurisdiction of the appeal.
22The scope of review for the appeal shall be limited to de novo
23appellate review without a trial or additional evidence
 The
24appeal shall be a trial de novo as an equitable action in the
25district court
.
26   Sec. 58.  Section 400.28, Code 2021, is amended by striking
27the section and inserting in lieu thereof the following:
   28400.28  Employees — number diminished.
   291.  When the public interest requires a diminution of
30employees in a classification or grade under civil service,
31the city council, acting in good faith, may do either of the
32following:
   33a.  Abolish the office and remove the employee from the
34employee’s classification or grade thereunder.
   35b.  Reduce the number of employees in any classification or
-36-1grade by suspending the necessary number.
   22.  In case it thus becomes necessary to so remove or suspend
3any such employees, the persons so removed or suspended shall
4be those having seniority of the shortest duration in the
5classifications or grades affected, and such seniority shall be
6computed as provided in section 400.12 for all persons holding
7seniority in the classification or grade affected, regardless
8of their seniority in any other classification or grade, but
9any such employee so removed from any classification or grade
10shall revert to the employee’s seniority in the next lower
11grade or classification; if such seniority is equal, then the
12one less efficient and competent as determined by the person or
13body having the appointing power shall be the one affected.
   143.  In case of removal or suspension, the civil service
15commission shall issue to each person affected one certificate
16showing the person’s comparative seniority or length of service
17in each of the classifications or grades from which the person
18is so removed and the fact that the person has been honorably
19removed. The certificate shall also list each classification
20or grade in which the person was previously employed. The
21person’s name shall be carried for a period of not less than
22three years after the suspension or removal on a preferred list
23and appointments or promotions made during that period to the
24person’s former duties in the classification or grade shall
25be made in the order of greater seniority from the preferred
26lists.
27   Sec. 59.  SENIORITY RIGHTS REESTABLISHED.  The seniority
28rights of any civil service employee extinguished pursuant
29to section 400.12, subsection 4, Code 2021, are hereby
30reestablished, including accrual of seniority during the period
31of extinguishment.
32   Sec. 60.  EFFECTIVE DATE.  This division of this Act, being
33deemed of immediate importance, takes effect upon enactment.
34   Sec. 61.  APPLICABILITY.  This division of this Act applies
35to employment actions taken on or after the effective date of
-37-1this division of this Act.
2EXPLANATION
3The inclusion of this explanation does not constitute agreement with
4the explanation’s substance by the members of the general assembly.
   5This bill relates to employment matters involving public
6employees including collective bargaining, educator employment
7matters, and city civil service requirements. The bill
8generally strikes statutory changes made by 2017 Iowa Acts,
9House File 291, and restores statutory language in effect prior
10to the enactment of 2017 Iowa Acts, House File 291.
   11DIVISION I — PUBLIC EMPLOYEE COLLECTIVE BARGAINING.
12 This division makes a variety of changes to Code chapter
1320, the public employment relations Act, as well as other
14Code provisions relating to collective bargaining by public
15employees.
   16ELIMINATION OF PUBLIC SAFETY AND TRANSIT EMPLOYEE
17CATEGORIES. The division eliminates public safety employees
18and transit employees as separate categories of employees for
19the purposes of public employee collective bargaining, making
20affected provisions of Code chapter 20 applicable to all public
21employees governed by Code chapter 20.
   22SCOPE OF NEGOTIATIONS. The division makes changes to
23subjects which are negotiated through collective bargaining
24between public employers and public employees under Code
25section 20.9.
   26The division provides that the scope of negotiations for all
27public employees shall include but not be limited to wages,
28hours, vacations, insurance, holidays, leaves of absence,
29shift differentials, overtime compensation, supplemental pay,
30seniority, transfer procedures, job classifications, health and
31safety matters, evaluation procedures, procedures for staff
32reduction, in-service training, preparation time, class size,
33discipline and discharge, work uniforms and equipment and
34other required work clothing and equipment, staffing levels,
35retirement systems not otherwise excluded, dues checkoff,
-38-1grievance procedures for resolving any questions arising under
2the agreement, and other terms and conditions of employment not
3otherwise excluded.
   4The division provides that all retirement systems
5established by statute except for pension and annuity
6retirement systems established under Code chapter 412 and
7except for supplemental and additional retirement benefits
8shall be excluded under the scope of negotiations. The
9division provides that discharge for teachers who are employed
10pursuant to Code chapter 279 shall be excluded under the scope
11of negotiations.
   12The division strikes language providing that mandatory
13subjects of negotiation under Code section 20.9 shall be
14interpreted narrowly and restrictively. The division strikes
15language limiting the term of a collective bargaining agreement
16entered into pursuant to Code chapter 20 to a maximum of five
17years.
   18ARBITRATION PROCEDURES. The division makes changes to the
19procedures for arbitration of impasses in collective bargaining
20between public employers and public employees under Code
21section 20.22.
   22The division modifies the factors that an arbitrator is
23required to consider in addition to any other relevant factors
24in making a final determination on an impasse item. The
25division requires an arbitrator to consider past collective
26bargaining contracts between the parties including the
27bargaining that led up to such contracts; comparison of wages,
28hours, and conditions of employment of the involved public
29employees with those of other public employees doing comparable
30work, giving consideration to factors peculiar to the area and
31the classifications involved; the interests and welfare of the
32public, the ability of the public employer to finance economic
33adjustments, and the effect of such adjustments on the normal
34standard of services; and the power of the public employer
35to levy taxes and appropriate funds for the conduct of its
-39-1operations.
   2The division strikes language permitting the parties to
3agree to change the four-day deadline to serve final offers on
4impasse items after a request for arbitration is received.
   5The division strikes language prohibiting the parties to an
6arbitration from introducing, and the arbitrator from accepting
7or considering, any direct or indirect evidence regarding any
8subject excluded from negotiations pursuant to Code section
920.9.
   10The division strikes language providing for a maximum
11increase in base wages in an arbitrator’s award.
   12PUBLIC EMPLOYEE ELECTIONS. The division makes changes to
13public employee elections conducted pursuant to Code section
1420.15.
   15The division strikes language providing for retention and
16recertification elections and requires the public employment
17relations board (PERB) to cancel any such elections scheduled
18or in process. The division requires the PERB to consider a
19petition for certification of an employee organization as the
20exclusive representative of a bargaining unit for which an
21employee organization was not retained and recertified as the
22exclusive representative of that bargaining unit regardless of
23the amount of time that has elapsed since the retention and
24recertification election, notwithstanding prior requirements
25prohibiting such consideration for two years.
   26The division provides that the outcome of a certification
27or decertification election is determined by a majority vote
28of the members of the bargaining unit voting, rather than the
29total membership of the bargaining unit. The division provides
30for a runoff election if none of the choices on the ballot in a
31certification election receives a majority vote of the members
32of the bargaining unit voting.
   33The division lowers the required percentage of support
34from employees in a bargaining unit required for an employee
35organization that did not submit a petition for certification
-40-1as the exclusive bargaining representative of a bargaining unit
2to be listed on the ballot for a certification election from 30
3percent to 10 percent.
   4The division strikes language prohibiting the PERB from
5considering a petition for certification as the exclusive
6bargaining representative of a bargaining unit unless a
7period of two years has elapsed from the date of the last
8certification election in which an employee organization
9was not certified as the exclusive representative of that
10bargaining unit or of the last decertification election in
11which an employee organization was decertified as the exclusive
12representative of that bargaining unit. The division prohibits
13the PERB from considering a petition for certification as the
14exclusive bargaining representative of a bargaining unit for
15one year after the employee organization is not certified in a
16certification election. The division makes additional changes
17relating to the scheduling of decertification elections.
   18EMPLOYEE ORGANIZATION DUES. The division strikes a
19prohibition on public entities authorizing or administering
20a deduction from the salaries or wages of its employees for
21membership dues to an employee organization. The division
22provides procedures for administering such dues deductions.
   23PERB DUTIES. The division provides that the PERB may
24interpret and apply, as well as administer, Code chapter 20.
   25The division strikes language permitting the PERB to
26appoint a certified shorthand reporter to report state employee
27grievance and discipline resolution proceedings, to contract
28with a vendor to conduct elections, to establish fees to cover
29the cost of elections, and to retain certain funds collected by
30the PERB as repayment receipts.
   31STATEWIDE COLLECTIVE BARGAINING AGREEMENTS FOLLOWING A
32GUBERNATORIAL ELECTION YEAR. The division strikes language
33providing for modified collective bargaining procedures for a
34proposed, statewide collective bargaining agreement to become
35effective in the year following a general election in which the
-41-1governor and certain other elected officials are elected.
   2CONFIDENTIAL RECORDS. The division strikes language
3providing that certain information relating to elections
4conducted by the PERB is a confidential record under Code
5chapter 22, the state open records law.
   6MISCELLANEOUS PROVISIONS RELATING TO PUBLIC EMPLOYEE
7COLLECTIVE BARGAINING. The division strikes a definition of
8“supplemental pay”.
   9The division strikes language providing that a public
10employer has the right to evaluate public employees in
11positions within the public agency. The division strikes
12language providing that a public employee has the right under
13Code section 20.8 to exercise any right or seek any remedy
14provided by law, including but not limited to Code sections
1570A.28 and 70A.29, Code chapter 8A, subchapter IV, and Code
16chapters 216 and 400.
   17The division transfers language in Code section 20.10
18prohibiting a public employee or any employee organization
19from negotiating or attempting to negotiate directly with a
20member of the governing board of a public employer if the
21public employer has appointed or authorized a bargaining
22representative for the purpose of bargaining with the public
23employees or their representative to Code section 20.17.
   24The division decreases the amount of time before an employee
25organization decertified as the exclusive representative of a
26bargaining unit for violating an injunction against an unlawful
27strike can be certified again from 24 months to 12 months.
   28The division strikes language prohibiting voluntary
29contributions by individuals to political parties or candidates
30through payroll deductions.
   31The division strikes a requirement that a copy of a final
32collective bargaining agreement be filed with the PERB by
33the public employer within 10 days of the agreement being
34entered into. The division strikes a requirement that the
35PERB maintain an internet site that allows searchable access
-42-1to a database of collective bargaining agreements and other
2collective bargaining information.
   3The division changes the period before retirement for a
4prohibited voluntary reduction to a nonsupervisory rank or
5grade by a supervisor and related ineligibility for benefits
6from 36 months to six months.
   7The division strikes language providing that a mediator
8shall not be required to testify in any arbitration proceeding
9regarding any matters occurring in the course of a mediation.
   10The division requires a council, board of waterworks, or
11other board or commission which establishes a pension and
12annuity retirement system pursuant to Code chapter 412 to
13negotiate in good faith with a certified employee organization
14which is the collective bargaining representative of the
15employees, with respect to the amount or rate of the assessment
16on the wages and salaries of employees and the method or
17methods for payment of the assessment by the employees.
   18The division makes additional conforming changes.
   19TRANSITION PROVISIONS — DEADLINE. The division requires
20parties, mediators, and arbitrators engaging in any collective
21bargaining procedures provided for in Code chapter 20, Code
222021, who have not, before the effective date of the division,
23completed such procedures, to immediately terminate any such
24procedures in process as of the effective date of the division.
25The division provides that a collective bargaining agreement
26negotiated pursuant to such procedures in process shall not
27become effective. The division prohibits parties, mediators,
28and arbitrators from engaging in further collective bargaining
29procedures except as provided in the division. The division
30requires such parties to commence collective bargaining in
31accordance with Code section 20.17, as amended by the division.
32The division requires such parties to complete such bargaining
33not later than June 30, 2021, unless the parties mutually agree
34to a different deadline.
   35The division requires the PERB to adopt emergency rules to
-43-1implement these requirements. The division also requires the
2department of administrative services to adopt emergency rules
3to implement the provisions of the division relating to dues
4deductions.
   5EFFECTIVE DATE AND APPLICABILITY PROVISIONS. The division
6takes effect upon enactment.
   7With the exception of the section of the division amending
8Code section 20.6, subsection 1, the division does not apply
9to collective bargaining agreements which have been ratified
10in a ratification election, for which an arbitrator has made
11a final determination, or which have become effective, where
12such events occurred before the effective date of the division.
13The division applies to all collective bargaining procedures
14provided for in Code chapter 20 occurring on and after the
15effective date of the division and collective bargaining
16agreements for which a ratification election is held, for which
17an arbitrator makes a final determination, or which become
18effective on or after the effective date of the division.
   19DIVISION II — EDUCATOR EMPLOYMENT MATTERS. This division
20makes a variety of changes relating to educator employment
21matters.
   22TERMINATION OF TEACHER EMPLOYMENT CONTRACTS. The division
23makes various changes relating to the termination of teacher
24employment contracts.
   25The division shortens various procedural deadlines
26regarding private hearings held after a superintendent
27recommends termination of a teacher’s employment contract.
28The division makes participation in such a private hearing
29by the superintendent, the superintendent’s designated
30representatives, the teacher’s immediate supervisor, the
31teacher, and the teacher’s representatives mandatory on the
32part of those individuals instead of discretionary. The
33division requires that the school board employ a certified
34shorthand reporter to keep a record of a private hearing.
35The division requires the school board to issue subpoenas
-44-1for witnesses and evidence on behalf of the board and the
2teacher. The division provides for a judicial remedy if a
3witness appears and refuses to testify or to produce required
4books or papers at a private hearing. The division authorizes
5the superintendent and the teacher to file written briefs and
6arguments with the board at the conclusion of the private
7hearing. The division provides deadlines for determining
8the status of the teacher’s contract if the teacher does not
9request a private hearing. The division requires that the
10decision of the board include findings of fact and conclusions
11of law. The division strikes language authorizing a school
12board which votes to continue a teacher’s contract to issue
13the teacher a one-year, nonrenewable contract. The division
14permits a teacher to appeal the board’s determination to an
15adjudicator and provides procedures for such appeals.
   16TEACHER PROBATIONARY PERIODS. The division makes various
17changes relating to probationary employment of teachers.
   18The division decreases from two years to one year the
19length of a teacher’s probationary employment period in a
20school district if the teacher has successfully completed a
21probationary period of employment for another school district
22located in Iowa.
   23The division provides that requirements for notices of
24termination, private hearings, and appeals applicable to
25nonprobationary teachers whose employment contracts are
26terminated are applicable to probationary teachers whose
27employment contracts are terminated. The division strikes
28alternative procedures for the termination of employment
29contracts of such probationary teachers, including notification
30procedures and the opportunity to request a private conference
31with the school board.
   32EXTRACURRICULAR INTERSCHOLASTIC ATHLETIC COACH CONTRACTS.
33 The division makes various changes relating to extracurricular
34interscholastic athletic coach employment contracts.
   35The division provides that wages for such coaches shall be
-45-1paid pursuant to established or negotiated supplemental pay
2schedules. The division provides that employment contracts
3of such coaches shall be continued automatically in force and
4effect for equivalent periods and that the termination of such
5contracts follows procedures similar to those used for teacher
6contracts. The division strikes language providing that
7employment contracts of such coaches may be terminated prior to
8their expiration for any lawful reason following an informal,
9private hearing before the school board. The division strikes
10language providing that the decision of the school board to
11terminate such a contract is final.
   12SCHOOL ADMINISTRATOR EMPLOYMENT MATTERS. The division makes
13various changes relating to school administrator employment
14matters.
   15The division provides that the rate of compensation in an
16administrator’s employment contract must be on a weekly or
17monthly basis.
   18The division strikes language authorizing a school board to
19issue a temporary employment contract to an administrator for
20a period of up to nine months.
   21The division strikes language authorizing a school board to
22issue a one-year, nonrenewable employment contract and instead
23authorizes a school board considering the termination of an
24administrator’s contract and the administrator to mutually
25agree to enter into such a contract.
   26The division decreases the probationary employment period
27for administrators from three years to two years and authorizes
28a school board to waive the probationary period for an
29administrator who previously served a probationary period in
30another school district.
   31The division strikes language providing that a hearing
32before an administrative law judge requested by an
33administrator whose employment contract a school board is
34considering terminating shall be a private hearing. The
35division reduces certain procedural deadlines relating to such
-46-1hearings. The division strikes language providing that any
2witnesses for the parties at the hearing shall be sequestered.
3The division requires that the decision of the board include
4findings of fact and conclusions of law. The division strikes
5language authorizing a school board which votes to continue an
6administrator’s contract to issue the administrator a one-year,
7nonrenewable contract.
   8INTENSIVE ASSISTANCE PROGRAMS. The division makes various
9changes relating to intensive assistance programs.
   10The division strikes language providing that a teacher who
11has previously participated in an intensive assistance program
12relating to particular Iowa teaching standards or criteria
13shall not be entitled to participate in another intensive
14assistance program relating to the same standards or criteria.
15The division strikes language providing that following a
16teacher’s participation in an intensive assistance program, the
17teacher shall be reevaluated to determine whether the teacher
18successfully completed the intensive assistance program and
19is meeting district expectations under the applicable Iowa
20teaching standards or criteria. The division strikes language
21providing that if the teacher did not successfully complete
22the intensive assistance program or continues not to meet the
23applicable Iowa teaching standards or criteria, the board may
24initiate procedures to terminate the teacher’s employment
25contract immediately or at the end of the school year or may
26continue the teacher’s contract for a period not to exceed one
27year on a nonrenewable basis and without the right to a private
28hearing.
   29MISCELLANEOUS PROVISIONS RELATING TO EDUCATOR EMPLOYMENT
30MATTERS. The division strikes language authorizing a school
31board to issue a temporary employment contract to a teacher for
32a period of up to six months.
   33The division strikes language providing that just cause
34for which a teacher may be discharged at any time during the
35contract year under Code section 279.27 includes but is not
-47-1limited to a violation of the code of professional conduct
2and ethics of the board of educational examiners if the board
3has taken disciplinary action against a teacher during the
4six months following issuance by the board of a final written
5decision and finding of fact after a disciplinary proceeding.
   6The division either authorizes or requires a school board
7and its certified bargaining representative to negotiate
8various matters pursuant to Code chapter 20.
   9The division makes additional conforming changes.
   10EFFECTIVE DATE AND APPLICABILITY PROVISIONS. The division
11takes effect upon enactment.
   12The division applies to employment contracts of school
13employees entered into pursuant to Code chapter 279 on and
14after the effective date of the division. The division does
15not apply to collective bargaining agreements pursuant to Code
16chapter 20 which have been ratified in a ratification election,
17for which an arbitrator has made a final determination, or
18which have become effective, where such events occurred before
19the effective date of the division. The division applies to
20all collective bargaining procedures provided for in Code
21chapter 20 occurring on and after the effective date of the
22division and collective bargaining agreements pursuant to Code
23chapter 20 for which a ratification election is held, for which
24an arbitrator makes a final determination, or which become
25effective on or after the effective date of the division.
   26DIVISION III — CITY CIVIL SERVICE REQUIREMENTS. This
27division makes a variety of changes relating to city civil
28service requirements under Code chapter 400.
   29SENIORITY RIGHTS. The division strikes language permitting
30a city council to extinguish statutory seniority rights of
31all city civil service employees who are not employed or
32appointed as a fire fighter or police officer, fire chief or
33police chief, or assistant fire chief or assistant police
34chief, unless otherwise provided in a collective bargaining
35agreement. The division reestablishes any such rights so
-48-1extinguished, including accrual of seniority during the period
2of extinguishment.
   3ADVERSE EMPLOYMENT ACTIONS — GROUNDS AND PROCEDURES.The
4division provides that adverse employment action may be taken
5against a city civil service employee for neglect of duty,
6disobedience, misconduct, or failure to properly perform the
7person’s duties. The division strikes language permitting such
8action to be taken due to any act or failure to act by the
9employee that is in contravention of law, city policies, or
10standard operating procedures, or that in the judgment of the
11person having appointing power for the employee, or the chief
12of police or chief of the fire department, is sufficient to
13show that the employee is unsuitable or unfit for employment.
   14The division strikes language providing that the scope of
15review for an appeal to district court from a civil service
16commission shall be limited to de novo appellate review without
17a trial or additional evidence, instead providing that the
18appeal shall be a trial de novo as an equitable action.
   19DIMINUTION OF EMPLOYEES. The division provides that a
20diminution of city employees by a city council can only be
21implemented when the public interest requires. The division
22permits a diminution to be carried out either by abolishing
23an office and removing the employee from the employee’s
24classification or grade thereunder, or reducing the number of
25employees in any classification or grade by suspending the
26necessary number. The division provides for such removal to be
27carried out based on seniority and requires that employees so
28removed be placed on a preferred list for at least three years
29for purposes of appointments or promotions made during that
30period to the person’s former duties.
   31MISCELLANEOUS PROVISIONS. The division makes changes in
32terminology relating to adverse employment actions for city
33civil service employees.
   34The division makes additional conforming changes.
   35EFFECTIVE DATE AND APPLICABILITY PROVISIONS. The division
-49-1takes effect upon enactment.
   2The division applies to employment actions taken on or after
3the effective date of the division.
-50-
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