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House Study Bill 661 - IntroducedA Bill ForAn Act 1relating to employment protections for state employees
2who are veterans.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 35C.6, Code 2022, is amended by striking
2the section and inserting in lieu thereof the following:
335C.6 Removal — certiorari — judicial review.
41. For the purposes of this section:
5a. “Aggravated misconduct” means repeated misconduct a
6person knows will likely cause harm but the person, after being
7given a warning and reasonable opportunity to correct the
8person’s actions, willfully continues the conduct, or an act
9with readily apparent, serious, and harmful consequences that
10would deter a reasonable person in similar circumstances from
11committing that act.
12b. “Removal authority” means an official of an entity that
13determines whether or not to remove a veteran at a pre-removal
14hearing.
152. A veteran holding a public position by appointment or
16employment shall not be removed from the position except upon a
17finding of incompetency or aggravated misconduct.
183. a. A removal of a veteran is not valid unless, prior to
19the removal, the veteran’s employer completes an investigation
20into the alleged incompetency or aggravated misconduct, gives
21written notice to the veteran of each charge of incompetency or
22aggravated misconduct and, at a pre-removal hearing held within
23a reasonable amount of time, a removal authority finds the
24veteran is incompetent or has committed aggravated misconduct
25and should be removed.
26b. A notice given to a veteran pursuant to paragraph “a”
27shall include the specific facts alleged to support each count
28of incompetence or aggravated misconduct, the date, time, and
29location of the veteran’s pre-removal hearing, the name and
30contact information for the removal authority, and a statement
31that the veteran has the right to a review of a removal
32authority’s decision by a writ of certiorari or judicial review
33in accordance with chapter 17A.
34c. If a removal authority has determined a veteran should
35be removed due to incompetence or aggravated misconduct,
-1-1the removal authority shall provide the veteran written
2notification of the decision, the findings and rationale in
3support of the decision, and the veteran’s right to a review
4of the decision by a writ of certiorari or judicial review in
5accordance with chapter 17A, as applicable.
6d. A writ of certiorari or petition filed pursuant to this
7subsection shall be filed within three hundred days of the
8veteran’s receipt of notice of the veteran’s removal from the
9removal authority.
104. a. Unless extended by consent of the parties to a
11pre-removal hearing or for good cause, within thirty days of
12receiving notice of a removed veteran’s writ of certiorari or
13petition for judicial review, a removal authority shall file
14all of the following materials with the clerk of court:
15(1) A certified transcript of the pre-removal hearing and
16recorded investigatory interviews.
17(2) Any transcripts, reports, and other materials created
18as part of an investigation into alleged incompetency or
19aggravated misconduct.
20(3) Any audio or video recordings created in relation to the
21veteran’s removal.
22(4) The administrative record or return to the writ related
23to the removal.
24b. Upon a showing of good cause, a court shall seal
25materials submitted pursuant to paragraph “a” that the court
26determines to be confidential in nature, including but not
27limited to documents relating to a person’s medical history
28or health, financial information, and personal identifying
29information.
305. Upon a court or administrative law judge finding that
31a veteran has been removed in violation of this section, the
32court or administrative law judge shall award the removed
33veteran reimbursement for lost wages and benefits and order
34the reinstatement of the veteran, if requested, and may award
35equitable relief, injunctive relief, and reasonable attorney
-2-1fees.
2 Sec. 2. Section 35C.7, Code 2022, is amended to read as
3follows:
435C.7 Burden of proof.
5The burden of proving incompetency or aggravated misconduct
6as defined in section 35C.6 shall rest upon the party alleging
7the same.
8EXPLANATION
9The inclusion of this explanation does not constitute agreement with
10the explanation’s substance by the members of the general assembly.
11This bill relates to employment protections for state
12employees who are veterans.
13The bill defines “aggravated misconduct” as repeated
14misconduct a person knows will likely cause harm but the
15person, after being given a warning and reasonable opportunity
16to correct the person’s actions, willfully continues the
17conduct, or an act with readily apparent, serious, and harmful
18consequences that would deter a reasonable person in similar
19circumstances from committing that act.
20The bill defines “removal authority” as an official of
21an entity that determines whether or not to remove a veteran
22at a pre-removal hearing. The bill prohibits a veteran from
23being removed from a public position to which the veteran was
24appointed or employed except upon a finding of incompetency or
25aggravated misconduct.
26The bill provides that a removal of a veteran is not valid
27unless, prior to the removal, the veteran’s employer completes
28an investigation into the alleged incompetency or aggravated
29misconduct, gives written notice to the veteran of each charge
30of incompetency or aggravated misconduct and, at a pre-removal
31hearing held within a reasonable amount of time, a removal
32authority finds the veteran is incompetent or has committed
33aggravated misconduct and should be removed.
34The bill requires employer notice to a veteran to include the
35specific facts alleged to support each count of incompetence
-3-1or aggravated misconduct, the date, time, and location of the
2veteran’s pre-removal hearing, the name and contact information
3for the removal authority, and a statement that the veteran has
4the right to a review of a removal authority’s decision by a
5writ of certiorari or judicial review. A writ of certiorari
6or petition shall be filed within 300 days of the veteran’s
7receipt of notice of the veteran’s removal from the removal
8authority.
9The bill requires a removal authority that determines
10a veteran should be removed due to incompetence or having
11committed aggravated misconduct, to provide the veteran written
12notification of the decision, the findings in support of the
13decision, and the veteran’s right to a review of the decision
14by a writ of certiorari or judicial review.
15The bill provides that, unless extended by consent
16of parties to a pre-removal hearing or for good cause,
17within 30 days of receiving notice of a removed veteran’s
18writ of certiorari or petition for judicial review, a
19removal authority shall file a certified transcript of the
20pre-removal hearing and recorded investigatory interviews;
21any transcripts, reports, and other materials created as part
22of an investigation into alleged incompetency or aggravated
23misconduct; any audio or video recordings created in relation
24to the veteran’s removal; and the administrative record or
25return to the writ related to the removal with the clerk of
26court. The bill also requires that, upon a showing of good
27cause, a court shall seal submitted materials that the court
28determines to be confidential in nature, including but not
29limited to documents relating to a person’s medical history
30or health, financial information, and personal identifying
31information.
32The bill requires a court or administrative law judge that
33finds a veteran has been improperly removed to award the
34removed veteran reimbursement for lost wages and benefits and
35order the reinstatement of the veteran, if requested, and may
-4-1award equitable relief, injunctive relief, and reasonable
2attorney fees.
3The bill makes a conforming change to Code section 35C.7
4(burden of proof).
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2who are veterans.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 35C.6, Code 2022, is amended by striking
2the section and inserting in lieu thereof the following:
335C.6 Removal — certiorari — judicial review.
41. For the purposes of this section:
5a. “Aggravated misconduct” means repeated misconduct a
6person knows will likely cause harm but the person, after being
7given a warning and reasonable opportunity to correct the
8person’s actions, willfully continues the conduct, or an act
9with readily apparent, serious, and harmful consequences that
10would deter a reasonable person in similar circumstances from
11committing that act.
12b. “Removal authority” means an official of an entity that
13determines whether or not to remove a veteran at a pre-removal
14hearing.
152. A veteran holding a public position by appointment or
16employment shall not be removed from the position except upon a
17finding of incompetency or aggravated misconduct.
183. a. A removal of a veteran is not valid unless, prior to
19the removal, the veteran’s employer completes an investigation
20into the alleged incompetency or aggravated misconduct, gives
21written notice to the veteran of each charge of incompetency or
22aggravated misconduct and, at a pre-removal hearing held within
23a reasonable amount of time, a removal authority finds the
24veteran is incompetent or has committed aggravated misconduct
25and should be removed.
26b. A notice given to a veteran pursuant to paragraph “a”
27shall include the specific facts alleged to support each count
28of incompetence or aggravated misconduct, the date, time, and
29location of the veteran’s pre-removal hearing, the name and
30contact information for the removal authority, and a statement
31that the veteran has the right to a review of a removal
32authority’s decision by a writ of certiorari or judicial review
33in accordance with chapter 17A.
34c. If a removal authority has determined a veteran should
35be removed due to incompetence or aggravated misconduct,
-1-1the removal authority shall provide the veteran written
2notification of the decision, the findings and rationale in
3support of the decision, and the veteran’s right to a review
4of the decision by a writ of certiorari or judicial review in
5accordance with chapter 17A, as applicable.
6d. A writ of certiorari or petition filed pursuant to this
7subsection shall be filed within three hundred days of the
8veteran’s receipt of notice of the veteran’s removal from the
9removal authority.
104. a. Unless extended by consent of the parties to a
11pre-removal hearing or for good cause, within thirty days of
12receiving notice of a removed veteran’s writ of certiorari or
13petition for judicial review, a removal authority shall file
14all of the following materials with the clerk of court:
15(1) A certified transcript of the pre-removal hearing and
16recorded investigatory interviews.
17(2) Any transcripts, reports, and other materials created
18as part of an investigation into alleged incompetency or
19aggravated misconduct.
20(3) Any audio or video recordings created in relation to the
21veteran’s removal.
22(4) The administrative record or return to the writ related
23to the removal.
24b. Upon a showing of good cause, a court shall seal
25materials submitted pursuant to paragraph “a” that the court
26determines to be confidential in nature, including but not
27limited to documents relating to a person’s medical history
28or health, financial information, and personal identifying
29information.
305. Upon a court or administrative law judge finding that
31a veteran has been removed in violation of this section, the
32court or administrative law judge shall award the removed
33veteran reimbursement for lost wages and benefits and order
34the reinstatement of the veteran, if requested, and may award
35equitable relief, injunctive relief, and reasonable attorney
-2-1fees.
2 Sec. 2. Section 35C.7, Code 2022, is amended to read as
3follows:
435C.7 Burden of proof.
5The burden of proving incompetency or aggravated misconduct
6as defined in section 35C.6 shall rest upon the party alleging
7the same.
8EXPLANATION
9The inclusion of this explanation does not constitute agreement with
10the explanation’s substance by the members of the general assembly.
11This bill relates to employment protections for state
12employees who are veterans.
13The bill defines “aggravated misconduct” as repeated
14misconduct a person knows will likely cause harm but the
15person, after being given a warning and reasonable opportunity
16to correct the person’s actions, willfully continues the
17conduct, or an act with readily apparent, serious, and harmful
18consequences that would deter a reasonable person in similar
19circumstances from committing that act.
20The bill defines “removal authority” as an official of
21an entity that determines whether or not to remove a veteran
22at a pre-removal hearing. The bill prohibits a veteran from
23being removed from a public position to which the veteran was
24appointed or employed except upon a finding of incompetency or
25aggravated misconduct.
26The bill provides that a removal of a veteran is not valid
27unless, prior to the removal, the veteran’s employer completes
28an investigation into the alleged incompetency or aggravated
29misconduct, gives written notice to the veteran of each charge
30of incompetency or aggravated misconduct and, at a pre-removal
31hearing held within a reasonable amount of time, a removal
32authority finds the veteran is incompetent or has committed
33aggravated misconduct and should be removed.
34The bill requires employer notice to a veteran to include the
35specific facts alleged to support each count of incompetence
-3-1or aggravated misconduct, the date, time, and location of the
2veteran’s pre-removal hearing, the name and contact information
3for the removal authority, and a statement that the veteran has
4the right to a review of a removal authority’s decision by a
5writ of certiorari or judicial review. A writ of certiorari
6or petition shall be filed within 300 days of the veteran’s
7receipt of notice of the veteran’s removal from the removal
8authority.
9The bill requires a removal authority that determines
10a veteran should be removed due to incompetence or having
11committed aggravated misconduct, to provide the veteran written
12notification of the decision, the findings in support of the
13decision, and the veteran’s right to a review of the decision
14by a writ of certiorari or judicial review.
15The bill provides that, unless extended by consent
16of parties to a pre-removal hearing or for good cause,
17within 30 days of receiving notice of a removed veteran’s
18writ of certiorari or petition for judicial review, a
19removal authority shall file a certified transcript of the
20pre-removal hearing and recorded investigatory interviews;
21any transcripts, reports, and other materials created as part
22of an investigation into alleged incompetency or aggravated
23misconduct; any audio or video recordings created in relation
24to the veteran’s removal; and the administrative record or
25return to the writ related to the removal with the clerk of
26court. The bill also requires that, upon a showing of good
27cause, a court shall seal submitted materials that the court
28determines to be confidential in nature, including but not
29limited to documents relating to a person’s medical history
30or health, financial information, and personal identifying
31information.
32The bill requires a court or administrative law judge that
33finds a veteran has been improperly removed to award the
34removed veteran reimbursement for lost wages and benefits and
35order the reinstatement of the veteran, if requested, and may
-4-1award equitable relief, injunctive relief, and reasonable
2attorney fees.
3The bill makes a conforming change to Code section 35C.7
4(burden of proof).
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