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House File 495 - IntroducedA Bill ForAn Act 1relating to investigations conducted by the office of
2ombudsman.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 2C.11A, Code 2023, is amended to read as
2follows:
32C.11A Subjects for investigations — disclosures of
4information.
5The office of ombudsman shall investigate or, only if the
6employee is represented by counsel in the matter, decline to
7investigate a complaint filed by an employee who is not a
8merit system employee or an employee covered by a collective
9bargaining agreement and who alleges that adverse employment
10action has been taken against the employee in violation of
11section 70A.28, subsection 2. A complaint filed pursuant
12to this section shall be made within thirty calendar days
13following the effective date of the adverse employment action.
14The ombudsman shall investigate review the matter and shall,
15in writing to the employee, either decline to investigate the
16matter or issue findings following an investigation relative
17to the complaint in an expeditious manner. The ombudsman’s
18findings following an investigation shall also be provided to
19the agency or officer who is the subject of the allegations.
20 Sec. 2. Section 70A.28, subsection 6, Code 2023, is amended
21to read as follows:
226. Subsection 2 may also be enforced by an employee through
23an administrative action pursuant to the requirements of this
24subsection if the employee is not a merit system employee or
25an employee covered by a collective bargaining agreement. An
26employee eligible to pursue an administrative action pursuant
27to this subsection who is discharged, suspended, demoted,
28or otherwise receives a reduction in pay and who believes
29the adverse employment action was taken as a result of the
30employee’s disclosure of information that was authorized
31pursuant to subsection 2, may file an appeal of the adverse
32employment action with the public employment relations
33board within thirty calendar days following the later of the
34effective date of the action or the date a finding or written
35decision declining to investigate is issued to the employee
-1-1by the office of ombudsman pursuant to section 2C.11A. The
2findings issued by the ombudsman may be introduced as evidence
3before the public employment relations board. The employee has
4the right to a hearing closed to the public, but may request a
5public hearing. The hearing shall otherwise be conducted in
6accordance with the rules of the public employment relations
7board and the Iowa administrative procedure Act, chapter 17A.
8 If the public employment relations board finds that the action
9taken in regard to the employee was in violation of subsection
102, the employee may be reinstated without loss of pay or
11benefits for the elapsed period, or the public employment
12relations board may provide other appropriate remedies.
13Decisions by the public employment relations board constitute
14final agency action.
15EXPLANATION
16The inclusion of this explanation does not constitute agreement with
17the explanation’s substance by the members of the general assembly.
18This bill concerns investigations conducted by the office
19of ombudsman.
20Code section 2C.11A, concerning certain whistleblower
21complaints filed by an employee that are subject to
22investigation by the office of ombudsman, is amended to provide
23that the office of ombudsman may, in writing to the employee,
24decline to investigate the complaint if the employee is
25represented by counsel in the matter. The bill also provides
26that if findings are issued following an investigation, the
27findings shall also be provided to the agency or officer who
28is the subject of the allegations. Code section 70A.28,
29concerning whistleblower complaints, is amended to conform to
30the changes made to Code section 2C.11A.
-2-ec/rn
2ombudsman.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 2C.11A, Code 2023, is amended to read as
2follows:
32C.11A Subjects for investigations — disclosures of
4information.
5The office of ombudsman shall investigate or, only if the
6employee is represented by counsel in the matter, decline to
7investigate a complaint filed by an employee who is not a
8merit system employee or an employee covered by a collective
9bargaining agreement and who alleges that adverse employment
10action has been taken against the employee in violation of
11section 70A.28, subsection 2. A complaint filed pursuant
12to this section shall be made within thirty calendar days
13following the effective date of the adverse employment action.
14The ombudsman shall investigate review the matter and shall,
15in writing to the employee, either decline to investigate the
16matter or issue findings following an investigation relative
17to the complaint in an expeditious manner. The ombudsman’s
18findings following an investigation shall also be provided to
19the agency or officer who is the subject of the allegations.
20 Sec. 2. Section 70A.28, subsection 6, Code 2023, is amended
21to read as follows:
226. Subsection 2 may also be enforced by an employee through
23an administrative action pursuant to the requirements of this
24subsection if the employee is not a merit system employee or
25an employee covered by a collective bargaining agreement. An
26employee eligible to pursue an administrative action pursuant
27to this subsection who is discharged, suspended, demoted,
28or otherwise receives a reduction in pay and who believes
29the adverse employment action was taken as a result of the
30employee’s disclosure of information that was authorized
31pursuant to subsection 2, may file an appeal of the adverse
32employment action with the public employment relations
33board within thirty calendar days following the later of the
34effective date of the action or the date a finding or written
35decision declining to investigate is issued to the employee
-1-1by the office of ombudsman pursuant to section 2C.11A. The
2findings issued by the ombudsman may be introduced as evidence
3before the public employment relations board. The employee has
4the right to a hearing closed to the public, but may request a
5public hearing. The hearing shall otherwise be conducted in
6accordance with the rules of the public employment relations
7board and the Iowa administrative procedure Act, chapter 17A.
8 If the public employment relations board finds that the action
9taken in regard to the employee was in violation of subsection
102, the employee may be reinstated without loss of pay or
11benefits for the elapsed period, or the public employment
12relations board may provide other appropriate remedies.
13Decisions by the public employment relations board constitute
14final agency action.
15EXPLANATION
16The inclusion of this explanation does not constitute agreement with
17the explanation’s substance by the members of the general assembly.
18This bill concerns investigations conducted by the office
19of ombudsman.
20Code section 2C.11A, concerning certain whistleblower
21complaints filed by an employee that are subject to
22investigation by the office of ombudsman, is amended to provide
23that the office of ombudsman may, in writing to the employee,
24decline to investigate the complaint if the employee is
25represented by counsel in the matter. The bill also provides
26that if findings are issued following an investigation, the
27findings shall also be provided to the agency or officer who
28is the subject of the allegations. Code section 70A.28,
29concerning whistleblower complaints, is amended to conform to
30the changes made to Code section 2C.11A.
-2-ec/rn