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House File 291 - IntroducedA Bill ForAn Act 1relating to employment matters involving public
2employees including collective bargaining, educator
3employment matters, personnel records and settlement
4agreements, city civil service requirements, and health
5insurance matters, making penalties applicable, and
6including effective date, applicability, and transition
7provisions.
8BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2Public employee collective bargaining
3 Section 1. Section 20.3, Code 2017, is amended by adding the
4following new subsections:
5 NEW SUBSECTION. 10A. “Public safety employee” means a
6public employee who is employed as one of the following:
7a. A sheriff or a sheriff’s regular deputy.
8b. A marshal or police officer of a city, township, or
9special-purpose district or authority who is a member of a paid
10police department.
11c. A member, except a non-peace officer member, of the
12division of state patrol, narcotics enforcement, state fire
13marshal, or criminal investigation, including but not limited
14to a gaming enforcement officer, who has been duly appointed
15by the department of public safety in accordance with section
1680.15.
17d. A conservation officer or park ranger as authorized by
18section 456A.13.
19e. A permanent or full-time fire fighter of a city,
20township, or special-purpose district or authority who is a
21member of a paid fire department.
22 NEW SUBSECTION. 12. “Supplemental pay” means a payment
23of moneys or other thing of value that is in addition to
24compensation received pursuant to any other permitted subject
25of negotiation specified in section 20.9 and is related to the
26employment relationship.
27 Sec. 2. Section 20.6, subsection 1, Code 2017, is amended
28to read as follows:
291. Interpret, apply, and administer Administer the
30provisions of this chapter.
31 Sec. 3. Section 20.6, Code 2017, is amended by adding the
32following new subsections:
33 NEW SUBSECTION. 6. Appoint a certified shorthand reporter
34to report state employee grievance and discipline resolution
35proceedings pursuant to section 8A.415 and fix a reasonable
-1-1amount of compensation for such service and for any transcript
2requested by the board, which amounts shall be taxed as other
3costs.
4 NEW SUBSECTION. 7. Contract with a vendor as the board may
5deem necessary to conduct elections required by section 20.15
6on behalf of the board. The board shall establish fees by rule
7pursuant to chapter 17A to cover the cost of elections required
8by section 20.15. Such fees shall be paid in advance of an
9election and shall be paid by each employee organization listed
10on the ballot.
11 Sec. 4. Section 20.7, subsections 2 and 3, Code 2017, are
12amended to read as follows:
132. Hire, evaluate, promote, demote, transfer, assign and
14retain public employees in positions within the public agency.
153. Suspend or discharge public employees for proper cause.
16 Sec. 5. Section 20.8, Code 2017, is amended by adding the
17following new subsection:
18 NEW SUBSECTION. 5. Exercise any right or seek any remedy
19provided by law, including but not limited to those rights and
20remedies available under sections 70A.28 and 70A.29, chapter
218A, subchapter IV, and chapters 216 and 400.
22 Sec. 6. Section 20.9, Code 2017, is amended to read as
23follows:
2420.9 Scope of negotiations.
251. The For negotiations regarding a bargaining unit with
26a majority of members who are public safety employees, the
27 public employer and the employee organization shall meet at
28reasonable times, including meetings reasonably in advance of
29the public employer’s budget-making process, to negotiate in
30good faith with respect to wages, hours, vacations, insurance,
31holidays, leaves of absence, shift differentials, overtime
32compensation, supplemental pay, seniority, transfer procedures,
33job classifications, health and safety matters, evaluation
34procedures, procedures for staff reduction, in-service
35training, grievance procedures for resolving any questions
-2-1arising under the agreement, and other matters mutually agreed
2upon. Negotiations shall also include terms authorizing
3dues checkoff for members of the employee organization and
4grievance procedures for resolving any questions arising under
5the agreement, which shall be embodied in a written agreement
6and signed by the parties. If an agreement provides for dues
7checkoff, a member’s dues may be checked off only upon the
8member’s written request and the member may terminate the dues
9checkoff at any time by giving thirty days’ written notice.
10For negotiations regarding a bargaining unit that does not
11have a majority of members who are public safety employees,
12the public employer and the employee organization shall meet
13at reasonable times, including meetings reasonably in advance
14of the public employer’s budget-making process, to negotiate
15in good faith with respect to base wages and other matters
16mutually agreed upon. Such obligation to negotiate in good
17faith does not compel either party to agree to a proposal
18or make a concession. Mandatory subjects of negotiation
19specified in this subsection shall be interpreted narrowly and
20restrictively.
212. Nothing in this section shall diminish the authority
22and power of the department of administrative services, board
23of regents’ merit system, Iowa public broadcasting board’s
24merit system, or any civil service commission established by
25constitutional provision, statute, charter, or special act to
26recruit employees, prepare, conduct, and grade examinations,
27rate candidates in order of their relative scores for
28certification for appointment or promotion or for other matters
29of classification, reclassification, or appeal rights in the
30classified service of the public employer served.
313. All retirement systems, dues checkoffs, and other
32payroll deductions for political action committees or other
33political contributions or political activities shall be
34excluded from the scope of negotiations. For negotiations
35regarding a bargaining unit that does not have a majority of
-3-1members who are public safety employees, insurance, leaves of
2absence for political activities, supplemental pay, transfer
3procedures, evaluation procedures, procedures for staff
4reduction, release time, subcontracting public services,
5grievance procedures for resolving any questions arising under
6the agreement, and seniority and any wage increase, employment
7benefit, or other employment advantage based on seniority shall
8also be excluded from the scope of negotiations.
94. The term of a contract entered into pursuant to this
10chapter shall not exceed five years.
11 Sec. 7. Section 20.10, subsection 3, Code 2017, is amended
12by adding the following new paragraph:
13 NEW PARAGRAPH. j. Negotiate or attempt to negotiate
14directly with a member of the governing board of a public
15employer if the public employer has appointed or authorized
16a bargaining representative for the purpose of bargaining
17with the public employees or their representative, unless the
18member of the governing board is the designated bargaining
19representative of the public employer.
20 Sec. 8. Section 20.12, subsection 5, Code 2017, is amended
21to read as follows:
225. If an employee organization or any of its officers
23is held to be in contempt of court for failure to comply
24with an injunction pursuant to this section, or is convicted
25of violating this section, the employee organization shall
26be immediately decertified, shall cease to represent the
27bargaining unit, shall cease to receive any dues by checkoff,
28 and may again be certified only after twelve twenty-four months
29have elapsed from the effective date of decertification and
30only after if a new compliance with petition for certification
31pursuant to section 20.14 is filed and a new certification
32election pursuant to section 20.15 is held. The penalties
33provided in this section may be suspended or modified by the
34court, but only upon request of the public employer and only
35if the court determines the suspension or modification is in
-4-1the public interest.
2 Sec. 9. Section 20.15, Code 2017, is amended to read as
3follows:
420.15 Elections — agreements with the state.
51. Initial certification elections.
6a. Upon the filing of a petition for certification of an
7employee organization, the board shall submit a question to
8the public employees at an election in the bargaining unit
9found appropriate by the board. The question on the ballot
10shall permit the public employees to vote for no bargaining
11representation or for any employee organization which has
12petitioned for certification or which has presented proof
13satisfactory to the board of support of ten thirty percent or
14more of the public employees in the appropriate unit.
152. b. (1) If a majority of the votes cast on the
16question is public employees in the bargaining unit vote for
17no bargaining representation, the public employees in the
18bargaining unit found appropriate by the board shall not be
19represented by an employee organization.
20(2) If a majority of the votes cast on the question is
21 public employees in the bargaining unit vote for a listed
22employee organization, then that employee organization shall
23represent the public employees in the bargaining unit found
24appropriate by the board.
253. (3) If none of the choices on the ballot receive the
26vote of a majority of the public employees voting in the
27bargaining unit, the board shall conduct a runoff election
28among the two choices receiving the greatest number of votes
29 the public employees in the bargaining unit found appropriate
30by the board shall not be represented by an employee
31organization.
32c. The board shall not consider a petition for certification
33of an employee organization as the exclusive representative
34of a bargaining unit unless a period of two years has
35elapsed from the date of the last certification election
-5-1in which an employee organization was not certified as the
2exclusive representative of that bargaining unit, of the
3last retention and recertification election in which an
4employee organization was not retained and recertified as the
5exclusive representative of that bargaining unit, or of the
6last decertification election in which an employee organization
7was decertified as the exclusive representative of that
8bargaining unit. The board shall also not consider a petition
9for certification as the exclusive bargaining representative
10of a bargaining unit if the bargaining unit is at that time
11represented by a certified exclusive bargaining representative.
122. Retention and recertification elections.
13a. The board shall conduct an election to retain and
14recertify the bargaining representative of a bargaining unit
15prior to the expiration of the bargaining unit’s collective
16bargaining agreement. The question on the ballot shall be
17whether the bargaining representative of the public employees
18in the bargaining unit shall be retained and recertified as
19the bargaining representative of the public employees in the
20bargaining unit. For collective bargaining agreements with a
21June 30 expiration date, the election shall occur between June
221 and November 1, both dates included, in the year prior to
23that expiration date. For collective bargaining agreements
24with a different expiration date, the election shall occur
25between three hundred sixty-five and two hundred seventy days
26prior to the expiration date.
27b. (1) If a majority of the public employees in
28the bargaining unit vote to retain and recertify the
29representative, the board shall retain and recertify the
30bargaining representative and the bargaining representative
31shall continue to represent the public employees in the
32bargaining unit.
33(2) If a majority of the public employees in the bargaining
34unit do not vote to retain and recertify the representative,
35the board, after the period for filing written objections
-6-1pursuant to subsection 4 has elapsed, shall immediately
2decertify the representative and the public employees shall
3not be represented by an employee organization except pursuant
4to the filing of a subsequent petition for certification of
5an employee organization as provided in section 20.14 and an
6election conducted pursuant to such petition. Such written
7objections and decertifications shall be subject to applicable
8administrative and judicial review.
93. Decertification elections.
10a. Upon the filing of a petition for decertification of an
11employee organization, the board shall submit a question to the
12public employees at an election in the bargaining unit found
13appropriate by the board. The question on the ballot shall be
14whether the bargaining representative of the public employees
15in the bargaining unit shall be decertified as the bargaining
16representative of public employees in the bargaining unit.
17b. (1) If a majority of the public employees in
18the bargaining unit vote to decertify the bargaining
19representative, the board, after the period for filing
20written objections pursuant to subsection 4 has elapsed,
21shall immediately decertify the representative and the public
22employees shall not be represented by an employee organization
23except pursuant to the filing of a subsequent petition for
24certification of an employee organization as provided in
25section 20.14 and an election conducted pursuant to such
26petition. Such written objections and decertifications shall
27be subject to applicable administrative and judicial review.
28(2) If a majority of the public employees in the bargaining
29unit do not vote to decertify the bargaining representative,
30the bargaining representative shall continue to represent the
31public employees in the bargaining unit.
32c. The board shall not consider a petition for
33decertification of an employee organization unless a
34bargaining unit’s collective bargaining agreement exceeds
35two years in length. The board shall not schedule a
-7-1decertification election for a bargaining unit within one
2year of a prior certification, retention and recertification,
3or decertification election involving the bargaining unit.
4Unless otherwise prohibited by this paragraph, the board shall
5schedule a decertification election not less than one hundred
6fifty days before the expiration date of the bargaining unit’s
7collective bargaining agreement.
84. Invalidation of elections. Upon written objections
9filed by any party to public employee, public employer, or
10employee organization involved in the election within ten days
11after notice of the results of the election, if the board
12finds that misconduct or other circumstances prevented the
13public employees eligible to vote from freely expressing their
14preferences, the board may invalidate the election and hold a
15second election for the public employees.
165. Results certified. Upon completion of a valid election
17in which the majority choice of the public employees voting in
18the bargaining unit is determined, the board shall certify the
19results of the election and shall give reasonable notice of the
20order to all employee organizations listed on the ballot, the
21public employers, and the public employees in the appropriate
22bargaining unit.
236. State agreements. a. A petition for certification as
24exclusive bargaining representative of a bargaining unit shall
25not be considered by the board for a period of one year from
26the date of the noncertification of an employee organization
27as the exclusive bargaining representative of that bargaining
28unit following a certification election. A petition for
29certification as the exclusive bargaining representative of a
30bargaining unit shall also not be considered by the board if
31the bargaining unit is at that time represented by a certified
32exclusive bargaining representative.
33b. A petition for the decertification of the exclusive
34bargaining representative of a bargaining unit shall not be
35considered by the board for a period of one year from the date
-8-1of its certification, or within one year of its continued
2certification following a decertification election, or during
3the duration of a collective bargaining agreement which, for
4purposes of this section, shall be deemed not to exceed two
5years. However, if a petition for decertification is filed
6during the duration of a collective bargaining agreement, the
7board shall award an election under this section not more than
8one hundred eighty days and not less than one hundred fifty
9days prior to the expiration of the collective bargaining
10agreement. If an employee organization is decertified, the
11board may receive petitions under section 20.14, provided that
12no such petition and no election conducted pursuant to such
13petition within one year from decertification shall include as
14a party the decertified employee organization.
15c. A collective bargaining agreement with the state, its
16boards, commissions, departments, and agencies shall be for
17two years. and the The provisions of a collective bargaining
18agreement or arbitrator’s award affecting state employees
19shall not provide for renegotiations which would require the
20refinancing of salary and fringe benefits subjects within the
21scope of negotiations under section 20.9 for the second year
22of the term of the agreement, except as provided in section
2320.17, subsection 6, and the. The effective date of any such
24agreement shall be July 1 of odd-numbered years, provided
25that if an exclusive bargaining representative is certified
26on a date which will prevent the negotiation of a collective
27bargaining agreement prior to July 1 of odd-numbered years for
28a period of two years, the certified collective bargaining
29representative may negotiate a one-year contract with the
30public employer which shall be effective from July 1 of the
31even-numbered year to July 1 of the succeeding odd-numbered
32year when new contracts agreements shall become effective.
33 Sec. 10. Section 20.17, subsection 8, Code 2017, is amended
34to read as follows:
358. a. The salaries of all public employees of the state
-9-1under a merit system and all other fringe benefits which are
2granted to all subjects within the scope of negotiations
3pursuant to the provisions of section 20.9 regarding public
4employees of the state shall be negotiated with the governor
5or the governor’s designee on a statewide basis, except those
6benefits which are not subject to subjects excluded from the
7scope of negotiations pursuant to the provisions of section
820.9, subsection 3.
9b. For the negotiation of such a proposed, statewide
10collective bargaining agreement to become effective in the year
11following an election described in section 39.9, a ratification
12election referred to in section 20.17, subsection 4, shall
13not be held, and the parties shall not request arbitration as
14provided in section 20.22, subsection 1, until at least two
15weeks after the date of the beginning of the term of office of
16the governor in that year as prescribed in the Constitution
17of the State of Iowa. On or after the beginning of the term
18of office of the governor in that year as prescribed in the
19Constitution of the State of Iowa, the governor shall have
20the authority to reject such a proposed statewide collective
21bargaining agreement. If the governor does so, the parties
22shall commence collective bargaining in accordance with section
2320.17. Such negotiation shall be complete not later than
24March 15 of that year, unless the parties mutually agree to
25a different deadline. The board shall adopt rules pursuant
26to chapter 17A providing for alternative deadlines for the
27completion of the procedures provided in sections 20.17, 20.19,
2820.20, and 20.22 for negotiation of such statewide collective
29bargaining agreements in such years, which deadlines may be
30waived by mutual agreement of the parties.
31 Sec. 11. Section 20.17, subsection 9, Code 2017, is amended
32by striking the subsection.
33 Sec. 12. Section 20.18, subsection 1, Code 2017, is amended
34to read as follows:
351. An agreement with an employee organization which
-10-1is the exclusive representative of public employees in an
2appropriate unit with a majority of members who are public
3safety employees may provide procedures for the consideration
4of public employee and employee organization grievances over
5the interpretation and application of agreements. Negotiated
6 Such negotiated procedures may provide for binding arbitration
7of public employee and employee organization grievances over
8the interpretation and application of existing agreements. An
9arbitrator’s decision on a grievance may shall not change or
10amend the terms, conditions, or applications of the collective
11bargaining agreement. Such procedures shall provide for the
12invoking of arbitration only with the approval of the employee
13organization in all instances, and in the case of an employee
14grievance, only with the additional approval of the public
15employee. The costs of arbitration shall be shared equally by
16the parties.
17 Sec. 13. Section 20.22, subsections 2, 3, 7, 8, and 9, Code
182017, are amended to read as follows:
192. Each party shall serve its final offer on each of
20the impasse items upon the other party within four days of
21the board’s receipt of the request for arbitration, or by a
22deadline otherwise agreed upon by the parties. The parties may
23continue to negotiate all offers until an agreement is reached
24or an award is rendered by the arbitrator. The full costs of
25arbitration under this section shall be shared equally by the
26parties to the dispute.
273. The submission of the impasse items to the arbitrator
28shall be limited to those items upon which the parties have
29not reached agreement. With respect to each such item, the
30arbitrator’s award shall be restricted to the final offers on
31each impasse item submitted by the parties to the arbitrator,
32except as provided in subsection 9, paragraph “b”.
337. The For an arbitration to which a bargaining unit that
34has a majority of members who are public safety employees is a
35party, the arbitrator shall consider and specifically address
-11-1in the arbitrator’s decision, in addition to any other relevant
2factors, the following factors:
3a. Past collective bargaining contracts between the parties
4including the bargaining that led up to such contracts.
5b. Comparison of wages, hours and conditions of employment
6of the involved public employees with those of other public
7employees doing comparable work, giving consideration to
8factors peculiar to the area and the classifications involved.
9c. The interests and welfare of the public, the ability of
10the public employer to finance economic adjustments and the
11effect of such adjustments on the normal standard of services.
12d. The power of the public employer to levy taxes and
13appropriate funds for the conduct of its operations.
148. a. The arbitrator may administer oaths, examine
15witnesses and documents, take testimony and receive evidence,
16and issue subpoenas to compel the attendance of witnesses and
17the production of records. The arbitrator may petition the
18district court at the seat of government or of the county
19in which the hearing is held to enforce the order of the
20arbitrator compelling the attendance of witnesses and the
21production of records.
22b. The parties shall not introduce, and the arbitrator
23shall not accept or consider, any direct or indirect evidence
24regarding any subject excluded from negotiations pursuant to
25section 20.9.
269. a. The arbitrator shall select within fifteen days after
27the hearing the most reasonable offer, in the arbitrator’s
28judgment, of the final offers on each impasse item submitted
29by the parties.
30b. (1) However, for an arbitration to which a bargaining
31unit that does not have a majority of members who are public
32safety employees is a party, with respect to any increase in
33base wages, the arbitrator’s award shall not exceed the lesser
34of the following percentages in any one-year period in the
35duration of the bargaining agreement:
-12- 1(a) Three percent.
2(b) A percentage equal to the increase in the consumer
3price index for all urban consumers for the midwest region,
4if any, as determined by the United States department of
5labor, bureau of labor statistics, or a successor index. Such
6percentage shall be the change in the consumer price index
7for the twelve-month period beginning eighteen months prior
8to the month in which the impasse item regarding base wages
9was submitted to the arbitrator and ending six months prior to
10the month in which the impasse item regarding base wages was
11submitted to the arbitrator.
12(2) To assist the parties in the preparation of their final
13offers on an impasse item regarding base wages, the board
14shall provide information to the parties regarding the change
15in the consumer price index for all urban consumers for the
16midwest region for any twelve-month period. The department of
17workforce development shall assist the board in preparing such
18information upon request.
19 Sec. 14. Section 20.22, Code 2017, is amended by adding the
20following new subsection:
21 NEW SUBSECTION. 7A. For an arbitration to which a
22bargaining unit that does not have a majority of members who
23are public safety employees is a party, the following shall
24apply:
25a. The arbitrator shall consider and specifically address
26in the arbitrator’s determination, in addition to any other
27relevant factors, the following factors:
28(1) Comparison of base wages, hours, and conditions of
29employment of the involved public employees with those of other
30public employees doing comparable work, giving consideration to
31factors peculiar to the area and the classifications involved.
32To the extent adequate, applicable data is available,
33the arbitrator shall also compare base wages, hours, and
34conditions of employment of the involved public employees
35with those of private sector employees doing comparable work,
-13-1giving consideration to factors peculiar to the area and the
2classifications involved.
3(2) The interests and welfare of the public.
4(3) The financial ability of the employer to meet the cost
5of an offer in light of the current economic conditions of the
6public employer. The arbitrator shall give substantial weight
7to evidence that the public employer’s authority to utilize
8funds is restricted to special purposes or circumstances
9by state or federal law, rules, regulations, or grant
10requirements.
11b. The arbitrator shall not consider the following factors:
12(1) Past collective bargaining agreements between the
13parties or bargaining that led to such agreements.
14(2) The public employer’s ability to fund an award through
15the increase or imposition of new taxes, fees, or charges, or
16to develop other sources of revenues.
17 Sec. 15. Section 20.26, unnumbered paragraph 4, Code 2017,
18is amended to read as follows:
19Nothing in this section shall be construed to prohibit
20voluntary contributions by individuals to political parties
21or candidates, provided that such contributions are not made
22through payroll deductions.
23 Sec. 16. Section 20.29, Code 2017, is amended to read as
24follows:
2520.29 Filing agreement — public access — internet site.
261. Copies of collective bargaining agreements entered
27into between the state and the state employees’ bargaining
28representatives and made final under this chapter shall be
29filed with the secretary of state and be made available to the
30public at cost.
312. The board shall maintain an internet site that allows
32searchable access to a database of collective bargaining
33agreements and other collective bargaining information.
34 Sec. 17. Section 20.30, Code 2017, is amended by striking
35the section and inserting in lieu thereof the following:
-14- 120.30 Supervisory member — no reduction before retirement.
2A supervisory member of any department or agency employed by
3the state of Iowa shall not be granted a voluntary reduction
4to a nonsupervisory rank or grade during the thirty-six
5months preceding retirement of the member. A member of any
6department or agency employed by the state of Iowa who retires
7in less than thirty-six months after voluntarily requesting and
8receiving a reduction in rank or grade from a supervisory to a
9nonsupervisory position shall be ineligible for a benefit to
10which the member is entitled as a nonsupervisory member but is
11not entitled as a supervisory member.
12 Sec. 18. Section 20.31, subsection 2, unnumbered paragraph
131, Code 2017, is amended to read as follows:
14A mediator shall not be required to testify in any judicial,
15administrative, arbitration, or grievance proceeding regarding
16any matters occurring in the course of a mediation, including
17any verbal or written communication or behavior, other than
18facts relating exclusively to the timing or scheduling of
19mediation. A mediator shall not be required to produce or
20disclose any documents, including notes, memoranda, or other
21work product, relating to mediation, other than documents
22relating exclusively to the timing or scheduling of mediation.
23This subsection shall not apply in any of the following
24circumstances:
25 Sec. 19. Section 22.7, subsection 69, Code 2017, is amended
26to read as follows:
2769. The evidence of public employee support for
28the certification, retention and recertification, or
29decertification of an employee organization as defined in
30section 20.3 that is submitted to the public employment
31relations board as provided in sections section 20.14 and or
32 20.15.
33 Sec. 20. Section 22.7, Code 2017, is amended by adding the
34following new subsection:
35 NEW SUBSECTION. 70. Information indicating whether
-15-1a public employee voted in a certification, retention and
2recertification, or decertification election held pursuant to
3section 20.15 or how the employee voted on any question on a
4ballot in such an election.
5 Sec. 21. Section 70A.17A, subsection 3, Code 2017, is
6amended by striking the subsection.
7 Sec. 22. Section 70A.19, Code 2017, is amended by striking
8the section and inserting in lieu thereof the following:
970A.19 Payroll deduction for employee organization dues
10prohibited.
11The state, a state agency, a regents institution, a board of
12directors of a school district, a community college, or an area
13education agency, a county board of supervisors, a governing
14body of a city, or any other public employer as defined in
15section 20.3 shall not authorize or administer a deduction from
16the salaries or wages of its employees for membership dues to
17an employee organization as defined in section 20.3.
18 Sec. 23. Section 412.2, subsection 1, Code 2017, is amended
19to read as follows:
201. From the proceeds of the assessments on the wages
21and salaries of employees, of any such waterworks system,
22or other municipally owned and operated public utility,
23eligible to receive the benefits thereof. Notwithstanding
24any provisions of section 20.9 to the contrary, a council,
25board of waterworks, or other board or commission which
26establishes a pension and annuity retirement system pursuant to
27this chapter, shall negotiate in good faith with a certified
28employee organization as defined in section 20.3, which is the
29collective bargaining representative of the employees, with
30respect to the amount or rate of the assessment on the wages
31and salaries of employees and the method or methods for payment
32of the assessment by the employees.
33 Sec. 24. Section 602.1401, subsection 3, paragraph b, Code
342017, is amended to read as follows:
35b. For purposes of chapter 20, the certified representative,
-16-1which on July 1, 1983, represents employees who become judicial
2branch employees as a result of 1983 Iowa Acts, ch.186, shall
3remain the certified representative when the employees become
4judicial branch employees and thereafter, unless the public
5employee organization is not retained and recertified or is
6 decertified in an election held under section 20.15 or amended
7or absorbed into another certified organization pursuant to
8chapter 20. Collective bargaining negotiations shall be
9conducted on a statewide basis and the certified employee
10organizations which engage in bargaining shall negotiate on a
11statewide basis, although bargaining units shall be organized
12by judicial district. The public employment relations board
13shall adopt rules pursuant to chapter 17A to implement this
14subsection.
15 Sec. 25. TRANSITION PROCEDURES — EMERGENCY RULES.
161. As of the effective date of this division of this Act,
17parties, mediators, and arbitrators engaging in any collective
18bargaining procedures provided for in chapter 20, Code 2017,
19who have not, before the effective date of this division
20of this Act, completed such procedures, shall immediately
21terminate any such procedures in process. A collective
22bargaining agreement negotiated pursuant to such procedures in
23process shall not become effective. Parties, mediators, and
24arbitrators shall not engage in further collective bargaining
25procedures except as provided in this section. Such parties,
26on or after the effective date of this division of this Act,
27may commence collective bargaining in accordance with section
2820.17, as amended in this division of this Act. If such
29parties include a state public employer and a state employee
30organization, negotiation of a proposed collective bargaining
31agreement to become effective during the remainder of calendar
32year 2017 shall be complete not later than March 15, 2017,
33unless the parties mutually agree to a different deadline.
34If such parties include public employees represented by a
35certified employee organization who are employed by a public
-17-1employer which is a school district, area education agency,
2or community college, negotiation of a proposed collective
3bargaining agreement to become effective during the remainder
4of calendar year 2017 shall be complete not later than June
530, 2017, unless the parties mutually agree to a different
6deadline.
72. The public employment relations board shall adopt
8emergency rules under section 17A.4, subsection 3, and section
917A.5, subsection 2, paragraph “b”, to provide for procedures
10as deemed necessary to implement the provisions of this section
11and the rules shall be effective immediately upon filing
12unless a later date is specified in the rules. Such rules
13shall include but are not limited to alternative deadlines for
14completion of the procedures provided in sections 20.17 and
1520.22, as amended by this division of this Act, and sections
1620.19 and 20.20, which deadlines may be waived by mutual
17agreement of the parties.
18 Sec. 26. EFFECTIVE UPON ENACTMENT. This division of this
19Act, being deemed of immediate importance, takes effect upon
20enactment.
21 Sec. 27. APPLICABILITY.
221. With the exception of the section of this division of
23this Act amending section 20.6, subsection 1, this division of
24this Act does not apply to collective bargaining agreements
25which have been ratified in a ratification election referred
26to in section 20.17, subsection 4, for which an arbitrator
27has made a final determination as described in section 20.22,
28subsection 11, or which have become effective, where such
29events occurred before the effective date of this division of
30this Act. This division of this Act applies to all collective
31bargaining procedures provided for in chapter 20 occurring
32on and after the effective date of this division of this Act
33and collective bargaining agreements for which a ratification
34election referred to in section 20.17, subsection 4, is
35held, for which an arbitrator makes a final determination as
-18-1described in section 20.22, subsection 11, or which, unless
2otherwise provided in this section, become effective on or
3after the effective date of this division of this Act.
42. The provision of this division of this Act amending
5section 70A.19 does not apply to dues deductions required by
6collective bargaining agreements which have been ratified in a
7ratification election referred to in section 20.17, subsection
84, for which an arbitrator has made a final determination as
9described in section 20.22, subsection 11, or which have become
10effective, where such events occurred before the effective date
11of this division of this Act.
123. Section 20.15, subsection 2, as enacted by this division
13of this Act, does not apply to collective bargaining agreements
14with expiration dates occurring before April 1, 2018.
15DIVISION II
16EDUCATOR employment matters
17 Sec. 28. Section 279.13, subsections 2 and 5, Code 2017, are
18amended to read as follows:
192. The contract shall remain in force and effect for the
20period stated in the contract and shall be automatically
21continued for equivalent periods except as modified or
22terminated by mutual agreement of the board of directors and
23the teacher or as modified or terminated in accordance with
24the provisions specified in this chapter. A contract shall
25not be offered by the employing board to a teacher under its
26jurisdiction prior to March 15 of any year. A teacher who has
27not accepted a contract for the ensuing school year tendered
28by the employing board may resign effective at the end of the
29current school year by filing a written resignation with the
30secretary of the board. The resignation must be filed not
31later than the last day of the current school year or the date
32specified by the employing board for return of the contract,
33whichever date occurs first. However, a teacher shall not be
34required to return a contract to the board or to resign less
35than twenty-one days after the contract has been offered.
-19- 15. Notwithstanding the other provisions of this section, a
2temporary contract may be issued to a teacher for a period of
3up to six months. Notwithstanding the other provisions of this
4section, a temporary contract may also be issued to a teacher
5 to fill a vacancy created by a leave of absence in accordance
6with the provisions of section 29A.28, which contract shall
7automatically terminate upon return from military leave of the
8former incumbent of the teaching position and which contract.
9Temporary contacts shall not be subject to the provisions of
10sections 279.15 through 279.19, or section 279.27. A separate
11extracurricular contract issued pursuant to section 279.19A to
12a person issued a temporary contract under this section shall
13automatically terminate with the termination of the temporary
14contract as required under section 279.19A, subsection 8.
15 Sec. 29. Section 279.13, subsection 4, unnumbered paragraph
161, Code 2017, is amended to read as follows:
17For purposes of this section, sections 279.14, 279.15
18through 279.17, 279.16, 279.19, and 279.27, unless the context
19otherwise requires, “teacher” includes the following individuals
20employed by a community college:
21 Sec. 30. Section 279.14, Code 2017, is amended to read as
22follows:
23279.14 Evaluation criteria and procedures.
241. The board shall establish evaluation criteria and shall
25implement evaluation procedures. If an exclusive bargaining
26representative has been certified, the board shall negotiate
27in good faith with respect to evaluation procedures pursuant
28to chapter 20.
292. The determination of standards of performance expected
30of school district personnel shall be reserved as an exclusive
31management right of the school board and shall not be subject
32to mandatory negotiations under chapter 20. Notwithstanding
33chapter 20, objections to the procedures, use, or content of
34an evaluation in a teacher termination proceeding brought
35before the school board in a hearing held in accordance with
-20-1section 279.16 or 279.27 shall not be subject to the grievance
2procedures negotiated in accordance with chapter 20. A school
3district shall not be obligated to process any evaluation
4grievance after service of a notice and recommendation to
5terminate an individual’s continuing teaching contract in
6accordance with this chapter.
7 Sec. 31. Section 279.15, subsection 2, paragraph c, Code
82017, is amended to read as follows:
9c. Within five days of the receipt of the written notice
10that the superintendent is recommending termination of the
11contract, the teacher may request, in writing to the secretary
12of the board, a private hearing with the board. The private
13hearing shall not be subject to chapter 21 and shall be held
14no sooner than ten twenty days and no later than twenty forty
15 days following the receipt of the request unless the parties
16otherwise agree. The secretary of the board shall notify the
17teacher in writing of the date, time, and location of the
18private hearing, and at least five ten days before the hearing
19shall also furnish to the teacher any documentation which
20may be presented to the board at the private hearing and a
21list of persons who may address the board in support of the
22superintendent’s recommendation at the private hearing. At
23least three seven days before the hearing, the teacher shall
24provide any documentation the teacher expects to present at
25the private hearing, along with the names of any persons who
26may address the board on behalf of the teacher. This exchange
27of information shall be at the time specified unless otherwise
28agreed.
29 Sec. 32. Section 279.16, subsections 1, 2, 6, 7, 8, 9, and
3010, Code 2017, are amended to read as follows:
311. The participants at the private hearing shall be at
32least a majority of the members of the board, and their
33legal representatives, if any, the and the witnesses for the
34parties. The superintendent, the superintendent’s designated
35representatives, if any, the teacher’s immediate supervisor,
-21-1the teacher, and the teacher’s representatives, if any, and the
2witnesses for the parties may participate in the hearing as
3well. The evidence at the private hearing shall be limited to
4the specific reasons stated in the superintendent’s notice of
5recommendation of termination. No A participant in the hearing
6shall not be liable for any damages to any person if any
7statement at the hearing is determined to be erroneous as long
8as the statement was made in good faith. The superintendent
9shall present evidence and argument on all issues involved and
10the teacher may cross-examine, respond, and present evidence
11and argument in the teacher’s behalf relevant to all issues
12involved. Evidence may be by stipulation of the parties and
13informal settlement may be made by stipulation, consent, or
14default or by any other method agreed upon by the parties in
15writing. The board shall employ a certified shorthand reporter
16to keep a record of the private hearing. The proceedings
17or any part thereof shall be transcribed at the request of
18either party with the expense of transcription charged to the
19requesting party.
202. The presiding officer of the board may administer oaths
21in the same manner and with like effect and under the same
22penalties as in the case of magistrates exercising criminal
23or civil jurisdiction. The board shall cause subpoenas to be
24issued for such witnesses and the production of such books
25and papers as either the board or the teacher may designate.
26The subpoenas shall be signed by the presiding officer of the
27board.
286. If the teacher fails to timely request a private hearing
29or does not appear at the private hearing, the board may
30proceed and make a determination upon the superintendent’s
31recommendation. If the teacher fails to timely file a request
32for a private hearing, the determination shall be not later
33than May 31. If the teacher fails to appear at the private
34hearing, the determination shall be not later than five days
35after the scheduled date for the private hearing. The board
-22-1shall convene in open session and by roll call vote determine
2the termination or continuance of the teacher’s contract
3and, if the board votes to continue the teacher’s contract,
4whether to suspend the teacher with or without pay for a
5period specified by the board or issue the teacher a one-year,
6nonrenewable contract.
77. Within five days after the private hearing, the board
8shall, in executive session, meet to make a final decision
9upon the recommendation and the evidence as herein provided.
10The board shall also consider any written brief and arguments
11submitted by the superintendent and the teacher.
128. a. The record for a private hearing shall include:
13a. (1) All pleadings, motions, and intermediate rulings.
14b. (2) All evidence received or considered and all other
15submissions.
16c. (3) A statement of all matters officially noticed.
17d. (4) All questions and offers of proof, objections, and
18rulings thereon.
19e. (5) All findings and exceptions.
20f. (6) Any decision, opinion, or conclusion by the board.
21g. Findings of fact
22b. The decision of the boardshall be based solely on the
23evidence in the record and on matters officially noticed in the
24record.
259. The decision of the board shall be in writing and shall
26include findings of fact and conclusions of law, separately
27stated. Findings of fact, if set forth in statutory language,
28shall be accompanied by a concise and explicit statement of the
29underlying facts and supporting the findings. Each conclusion
30of law shall be supported by cited authority or by reasoned
31opinion.
3210. When the board has reached a decision, opinion, or
33conclusion, it shall convene in open meeting and by roll
34call vote determine the continuance or discontinuance of
35the teacher’s contract and, if the board votes to continue
-23-1the teacher’s contract, whether to suspend the teacher with
2or without pay for a period specified by the board or issue
3the teacher a one-year, nonrenewable contract. The record
4of the private conference hearing and findings of fact and
5exceptions written decision of the board shall be exempt from
6the provisions of chapter 22. The secretary of the board shall
7immediately mail notice of the board’s action to the teacher.
8 Sec. 33. Section 279.16, subsections 3 and 5, Code 2017, are
9amended by striking the subsections.
10 Sec. 34. Section 279.18, Code 2017, is amended to read as
11follows:
12279.18 Appeal by either party teacher to court.
131. If either party a teacher rejects the adjudicator’s
14 board’s decision, the rejecting party teacher shall, within
15thirty days of the initial filing of such decision, appeal to
16the district court of the county in which the administrative
17office of the school district is located. The notice of
18appeal shall be immediately mailed by certified mail to the
19other party board. The adjudicator secretary of the board
20 shall 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
29 board’s decision, 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
32of witnesses, the court shall give weight to the fact findings
33 decision of the board;, but shall not be bound by them it.
34The court may affirm the adjudicator’s board’s decision or
35remand to the adjudicator or the board for further proceedings
-24-1upon conditions determined by the court. The court shall
2reverse, modify, or grant any other appropriate equitable or
3legal relief from the board decision, or the adjudicator’s
4decision equitable or legal and including declaratory relief,
5 if substantial rights of the petitioner have been prejudiced
6because the action is any of the following:
7a. In violation of constitutional or statutory provisions;
8or.
9b. In excess of the statutory authority of the board or the
10adjudicator; or.
11c. In violation of a board rule or policy or contract; or.
12d. Made upon unlawful procedure; or.
13e. Affected by other error of law; or.
14f. Unsupported by a preponderance of the competent evidence
15in the record made before the board and the adjudicator when
16that record is viewed as a whole; or.
17g. Unreasonable, arbitrary, or capricious or characterized
18by an abuse of discretion or a clearly unwarranted exercise of
19discretion.
203. An aggrieved or adversely affected party to the judicial
21review proceeding may obtain a review of any final judgment of
22the district court by appeal to the supreme court. The appeal
23shall be taken as in other civil cases, although the appeal may
24be taken regardless of the amount involved.
254. For purposes of this section, unless the context
26otherwise requires, “rejecting party” “teacher” shall include,
27but not be limited to, an instructor employed by a community
28college.
29 Sec. 35. Section 279.19, Code 2017, is amended to read as
30follows:
31279.19 Probationary period.
321. The first three consecutive years of employment of
33a teacher in the same school district are a probationary
34period. However, if the teacher has successfully completed a
35probationary period of employment for another school district
-25-1located in Iowa, the probationary period in the current
2district of employment shall not exceed one year two years.
3A board of directors may waive the probationary period for
4any teacher who previously has served a probationary period
5in another school district and the board may extend the
6probationary period for an additional year with the consent of
7the teacher.
82. In the case of the termination of a probationary
9teacher’s contract, the contract may be terminated by the board
10of directors effective at the end of a school year without
11cause. The superintendent or the superintendent’s designee
12shall notify the teacher not later than April 30 that the
13board has voted to terminate the contract effective at the
14end of the school year. The notice shall be in writing by
15letter, personally delivered, or mailed by certified mail. The
16notification shall be complete when received by the teacher.
17Within ten days after receiving the notice, the teacher may
18request a private conference with the school board to discuss
19the reasons for termination. The provisions of sections 279.15
20and 279.16 shall not apply to such a termination. However,
21if the probationary teacher is a beginning teacher who fails
22to demonstrate competence in the Iowa teaching standards in
23accordance with chapter 284, the provisions of sections 279.17
24 and 279.18 shall also apply.
253. The board’s decision shall be final and binding unless
26the termination was based upon an alleged violation of a
27constitutionally guaranteed right of the teacher or an alleged
28violation of public employee rights of the teacher under
29section 20.10.
30Notwithstanding any provision to the contrary, the
31grievance procedures of section 20.18 relating to job
32performance or job retention shall not apply to a teacher
33during the first two years of the teacher’s probationary
34period. However, this paragraph shall not apply to a teacher
35who has successfully completed a probationary period in a
-26-1school district in Iowa.
2 Sec. 36. Section 279.19A, subsections 1, 2, 7, and 8, Code
32017, are amended to read as follows:
41. School districts employing individuals to coach
5interscholastic athletic sports shall issue a separate
6extracurricular contract for each of these sports. An
7extracurricular contract offered under this section shall be
8separate from the contract issued under section 279.13. Wages
9for employees who coach these sports shall be paid pursuant
10to established or negotiated supplemental pay schedules.
11 An extracurricular contract shall be in writing, and shall
12state the number of contract days for that sport, the annual
13compensation to be paid, and any other matters as may be
14mutually agreed upon. The contract shall be for a single
15school year.
162. a. An extracurricular contract shall be continued
17automatically in force and effect for equivalent periods,
18except as modified or terminated by mutual agreement of
19the board of directors and the employee, or terminated in
20accordance with this section. An extracurricular contract
21shall initially be offered by the employing board to an
22individual on the same date that contracts are offered to
23teachers under section 279.13. An extracurricular contract
24may be terminated at the end of a school year pursuant to
25sections 279.15 through 279.19. If the school district offers
26an extracurricular contract for a sport for the subsequent
27school year to an employee who is currently performing
28under an extracurricular contract for that sport, and the
29employee does not wish to accept the extracurricular contract
30for the subsequent year, the employee may resign from the
31extracurricular contract within twenty-one days after it has
32been received.
33b. Section 279.13, subsection 3, applies to this section.
34 If the provisions of an extracurricular contract executed
35under this section conflict with a collective bargaining
-27-1agreement negotiated under chapter 20 and effective when the
2extracurricular contract is executed or renewed, the provisions
3of the collective bargaining agreement shall prevail.
47. An extracurricular contract may be terminated prior to
5the expiration of that contract pursuant to section 279.27 for
6any lawful reason following an informal, private hearing before
7the board of directors. The decision of the board to terminate
8an extracurricular contract shall be final.
98. a. A termination proceeding of regarding an
10extracurricular contract either by the board pursuant to
11subsection 2 or pursuant to section 279.27 does shall not
12affect a contract issued pursuant to section 279.13.
13b. A termination of a contract entered into pursuant to
14section 279.13, or a resignation from that contract by the
15teacher, constitutes an automatic termination or resignation of
16the extracurricular contract in effect between the same teacher
17and the employing school board.
18 Sec. 37. Section 279.23, subsection 1, paragraph c, Code
192017, is amended to read as follows:
20c. The rate of compensation per week of five consecutive
21days or month of four consecutive weeks.
22 Sec. 38. Section 279.23, subsection 5, Code 2017, is amended
23to read as follows:
245. Notwithstanding the other provisions of this section,
25a temporary contract may be issued to an administrator for
26up to nine months. Notwithstanding the other provisions of
27this section, a temporary contract may also be issued to
28an administrator to fill a vacancy created by a leave of
29absence in accordance with the provisions of section 29A.28,
30which contract shall automatically terminate upon return from
31military leave of the former incumbent of the administrator
32position and which contract. Temporary contracts shall not be
33subject to the provisions of sections 279.24 and 279.25.
34 Sec. 39. Section 279.24, subsections 2 and 4, Code 2017, are
35amended to read as follows:
-28- 12. If the board of directors is considering termination of
2an administrator’s contract, prior to any formal action, the
3board may arrange to meet in closed session, in accordance with
4the provisions of section 21.5, with the administrator and the
5administrator’s representative. The board shall review the
6administrator’s evaluation, review the reasons for nonrenewal,
7and give the administrator an opportunity to respond. If,
8following the closed session, the board of directors and the
9administrator are unable to mutually agree to a modification or
10termination of the administrator’s contract, or the board of
11directors and the administrator are unable to mutually agree
12to enter into may issue a one-year nonrenewable contract,
13 to the administrator. If the board of directors decides to
14terminate the administrator’s contract, the board shall follow
15the procedures in this section.
164. Administrators employed in a school district for
17less than two three consecutive years are probationary
18administrators. However, a school board may waive the
19probationary period for any administrator who has previously
20served a probationary period in another school district and
21the school board may extend the probationary period for an
22additional year with the consent of the administrator. If a
23school board determines that it should terminate a probationary
24administrator’s contract, the school board shall notify the
25administrator not later than May 15 that the contract will not
26be renewed beyond the current year. The notice shall be in
27writing by letter, personally delivered, or mailed by certified
28mail. The notification shall be complete when received by the
29administrator. Within ten days after receiving the notice, the
30administrator may request a private conference with the school
31board to discuss the reasons for termination. The school
32board’s decision to terminate a probationary administrator’s
33contract shall be final unless the termination was based upon
34an alleged violation of a constitutionally guaranteed right of
35the administrator.
-29-1 Sec. 40. Section 279.24, subsection 5, paragraphs c, d, e,
2f, g, and h, Code 2017, are amended to read as follows:
3c. Within five days after receipt of the written notice
4that the school board has voted to consider termination of
5the contract, the administrator may request a private hearing
6 in writing to the secretary of the school board that. The
7board shall then forward the notification be forwarded to
8the board of educational examiners along with a request that
9the board of educational examiners submit a list of five
10qualified administrative law judges to the parties. Within
11three days from receipt of the list the parties shall select an
12administrative law judge by alternately removing a name from
13the list until only one name remains. The person whose name
14remains shall be the administrative law judge. The parties
15shall determine by lot which party shall remove the first
16name from the list. The private hearing shall be held no
17sooner than ten twenty days and not later than thirty forty
18 days following the administrator’s request unless the parties
19otherwise agree. If the administrator does not request a
20private hearing, the school board, not later than May 31, may
21determine the continuance or discontinuance of the contract
22and, if the board determines to continue the administrator’s
23contract, whether to suspend the administrator with or without
24pay for a period specified by the board. School board action
25shall be by majority roll call vote entered on the minutes of
26the meeting. Notice of school board action shall be personally
27delivered or mailed to the administrator.
28d. The administrative law judge selected shall notify
29the secretary of the school board and the administrator in
30writing concerning the date, time, and location of the private
31 hearing. The school board may be represented by a legal
32representative, if any, and the administrator shall appear and
33may be represented by counsel or by representative, if any.
34Any witnesses for the parties at the private hearing shall be
35sequestered. A transcript or recording shall be made of the
-30-1proceedings at the private hearing. A school board member or
2administrator is not liable for any damage to an administrator
3or school board member if a statement made at the private
4 hearing is determined to be erroneous as long as the statement
5was made in good faith.
6e. The administrative law judge shall, within ten days
7following the date of the private hearing, make a proposed
8decision as to whether or not the administrator should be
9dismissed, and shall give a copy of the proposed decision to
10the administrator and the school board. Findings of fact shall
11be prepared by the administrative law judge. The proposed
12decision of the administrative law judge shall become the final
13decision of the school board unless within ten thirty days
14after the filing of the decision the administrator files a
15written notice of appeal with the school board, or the school
16board on its own motion determines to review the decision.
17f. If the administrator appeals to the school board, or if
18the school board determines on its own motion to review the
19proposed decision of the administrative law judge, a private
20hearing shall be held before the school board within five ten
21 days after the petition for review, or motion for review, has
22been made or at such other time as the parties agree. The
23private hearing is not subject to chapter 21. The school board
24may hear the case de novo upon the record as submitted before
25the administrative law judge. In cases where there is an
26appeal from a proposed decision or where a proposed decision
27is reviewed on motion of the school board, an opportunity
28shall be afforded to each party to file exceptions, present
29briefs, and present oral arguments to the school board which
30is to render the final decision. The secretary of the school
31board shall give the administrator written notice of the time,
32place, and date of the private hearing. The school board shall
33meet within five days after the private hearing to determine
34the question of continuance or discontinuance of the contract
35and, if the board determines to continue the administrator’s
-31-1contract, whether to suspend the administrator with or
2without pay for a period specified by the board or issue the
3administrator a one-year, nonrenewable contract. The school
4board shall make findings of fact which shall be based solely
5on the evidence in the record and on matters officially noticed
6in the record.
7g. The decision of the school board shall be in writing
8and shall include findings of fact and conclusions of law,
9separately stated. Findings of fact, if set forth in statutory
10language, shall be accompanied by a concise and explicit
11statement of the underlying facts supporting the findings.
12Each conclusion of law shall be supported by cited authority
13or by reasoned opinion.
14h. When the school board has reached a decision, opinion,
15or conclusion, it shall convene in open meeting and by roll
16call vote determine the continuance or discontinuance of
17the administrator’s contract and, if the board votes to
18continue the administrator’s contract, whether to suspend the
19administrator with or without pay for a period specified by
20the board or issue the administrator a one-year, nonrenewable
21contract. The record of the private conference hearing
22 and findings of fact and exceptions written decision of the
23board shall be exempt from the provisions of chapter 22. The
24secretary of the school board shall immediately personally
25deliver or mail notice of the school board’s action to the
26administrator.
27 Sec. 41. Section 279.27, Code 2017, is amended to read as
28follows:
29279.27 Discharge of teacher.
301. A teacher may be discharged at any time during the
31contract year for just cause. The superintendent or the
32superintendent’s designee, shall notify the teacher immediately
33that the superintendent will recommend in writing to the board
34at a regular or special meeting of the board held not more
35than fifteen days after notification has been given to the
-32-1teacher that the teacher’s continuing contract be terminated
2effective immediately following a decision of the board. The
3procedure for dismissal shall be as provided in section 279.15,
4subsection 2, and sections 279.16 to through 279.19. The
5superintendent may suspend a teacher under this section pending
6hearing and determination by the board.
72. For purposes of this section, “just cause” includes
8but is not limited to a violation of the code of professional
9conduct and ethics of the board of educational examiners if
10the board has taken disciplinary action against a teacher,
11during the six months following issuance by the board of a
12final written decision and finding of fact after a disciplinary
13proceeding.
14 Sec. 42. Section 284.3, subsection 2, Code 2017, is amended
15to read as follows:
162. A school board shall provide for the following:
17a. For purposes of comprehensive evaluations, standards
18and criteria which measure a beginning teacher’s performance
19against the Iowa teaching standards specified in subsection 1,
20and the criteria for the Iowa teaching standards developed by
21the department in accordance with section 256.9, to determine
22whether the teacher’s practice meets the requirements specified
23for a career teacher. These standards and criteria shall be
24set forth in an instrument provided by the department. The
25comprehensive evaluation and instrument are not subject to
26negotiations or grievance procedures pursuant to chapter 20 or
27determinations made by the board of directors under section
28279.14. A local school board and its certified bargaining
29representative may negotiate, pursuant to chapter 20,
30evaluation and grievance procedures for beginning teachers that
31are not in conflict with this chapter. If, in accordance with
32section 279.19, a beginning teacher appeals the determination
33of a school board to an adjudicator under section 279.17, the
34adjudicator selected shall have successfully completed training
35related to the Iowa teacher standards, the criteria adopted
-33-1by the state board in accordance with subsection 3, and any
2additional training required under rules adopted by the public
3employment relations board in cooperation with the state board.
4b. For purposes of performance reviews for teachers other
5than beginning teachers, evaluations that contain, at a
6minimum, the Iowa teaching standards specified in subsection
71, as well as the criteria for the Iowa teaching standards
8developed by the department in accordance with section
9256.9, subsection 42. A local school board and its certified
10bargaining representative may negotiate, pursuant to chapter
1120, additional teaching standards and criteria. A local
12school board and its certified bargaining representative shall
13negotiate, pursuant to chapter 20, evaluation and grievance
14procedures for teachers other than beginning teachers that are
15not in conflict with this chapter.
16 Sec. 43. Section 284.4, subsection 1, paragraph c,
17subparagraphs (2) and (5), Code 2017, are amended to read as
18follows:
19(2) Monitor the evaluation requirements of this chapter
20to ensure evaluations are conducted in a fair and consistent
21manner throughout the school district or agency. In addition
22to any negotiated evaluation procedures, The committee shall
23 develop model evidence for the Iowa teaching standards and
24criteria. The model evidence will minimize paperwork and focus
25on teacher improvement. The model evidence will determine
26which standards and criteria can be met with observation and
27which evidence meets multiple standards and criteria.
28(5) Ensure the agreement negotiated pursuant to chapter
2920 determines Determine the compensation for teachers on the
30committee for work responsibilities required beyond the normal
31work day.
32 Sec. 44. Section 284.8, subsections 2 and 4, Code 2017, are
33amended to read as follows:
342. If a supervisor or an evaluator determines, at any time,
35as a result of a teacher’s performance that the teacher is not
-34-1meeting district expectations under the Iowa teaching standards
2specified in section 284.3, subsection 1, paragraphs “a”
3through “h”, and the criteria for the Iowa teaching standards
4developed by the department in accordance with section 256.9,
5subsection 42, and any other standards or criteria established
6in the collective bargaining agreement, the evaluator shall,
7at the direction of the teacher’s supervisor, recommend to
8the district that the teacher participate in an intensive
9assistance program. The intensive assistance program and its
10implementation are not subject to negotiation and grievance
11procedures established pursuant to chapter 20. All school
12districts shall be prepared to offer an intensive assistance
13program.
144. A teacher who is not meeting the applicable standards and
15criteria based on a determination made pursuant to subsection 2
16shall participate in an intensive assistance program. However,
17a teacher who has previously participated in an intensive
18assistance program relating to particular Iowa teaching
19standards or criteria shall not be entitled to participate
20in another intensive assistance program relating to the same
21standards or criteria and shall be subject to the provisions of
22subsection 5.
23 Sec. 45. Section 284.8, subsection 3, Code 2017, is amended
24by striking the subsection.
25 Sec. 46. Section 284.8, Code 2017, is amended by adding the
26following new subsection:
27 NEW SUBSECTION. 5. Following a teacher’s participation
28in an intensive assistance program, the teacher shall be
29reevaluated to determine whether the teacher successfully
30completed the intensive assistance program and is meeting
31district expectations under the applicable Iowa teaching
32standards or criteria. If the teacher did not successfully
33complete the intensive assistance program or continues not to
34meet the applicable Iowa teaching standards or criteria, the
35board may do any of the following:
-35- 1a. Terminate the teacher’s contract immediately pursuant to
2section 279.27.
3b. Terminate the teacher’s contract at the end of the school
4year pursuant to section 279.15.
5c. Continue the teacher’s contract for a period not to
6exceed one year. However, the contract shall not be renewed
7and shall not be subject to section 279.15.
8 Sec. 47. REPEAL. Section 279.17, Code 2017, is repealed.
9 Sec. 48. EFFECTIVE UPON ENACTMENT. This division of this
10Act, being deemed of immediate importance, takes effect upon
11enactment.
12 Sec. 49. APPLICABILITY. This division of this Act applies
13to employment contracts of school employees entered into
14pursuant to chapter 279 on and after the effective date of this
15division of this Act. This division of this Act does not apply
16to collective bargaining agreements pursuant to chapter 20
17which have been ratified in a ratification election referred
18to in section 20.17, subsection 4, for which an arbitrator
19has made a final determination as described in section 20.22,
20subsection 11, or which have become effective, where such
21events occurred before the effective date of this division of
22this Act. This division of this Act applies to all collective
23bargaining procedures provided for in chapter 20 occurring on
24and after the effective date of this division of this Act and
25collective bargaining agreements pursuant to chapter 20 for
26which a ratification election referred to in section 20.17,
27subsection 4, is held, for which an arbitrator makes a final
28determination as described in section 20.22, subsection 11,
29or which, unless otherwise provided in this section, become
30effective on or after the effective date of this division of
31this Act.
32DIVISION III
33personnel records and settlement agreements
34 Sec. 50. Section 22.7, subsection 11, paragraph a,
35subparagraph (5), Code 2017, is amended to read as follows:
-36- 1(5) The fact that the individual resigned in lieu of
2termination, was discharged, or was demoted as the result
3of a final disciplinary action upon the exhaustion of all
4applicable contractual, legal, and statutory remedies , and the
5documented reasons and rationale for the resignation in lieu
6of termination, the discharge, or the demotion. For purposes
7of this subparagraph, “demoted” and “demotion” mean a change
8of an employee from a position in a given classification to a
9position in a classification having a lower pay grade.
10 Sec. 51. NEW SECTION. 22.13A Personnel settlement
11agreements — state employees — confidentiality — disclosure.
121. For purposes of this section:
13a. “Personnel settlement agreement” means a binding legal
14agreement between a state employee and the state employee’s
15employer, subject to section 22.13, to resolve a personnel
16dispute including but not limited to a grievance. “Personnel
17settlement agreement” does not include an initial decision by
18a state employee’s employer concerning a personnel dispute or
19grievance.
20b. “State employee” means an employee of the state who is
21an employee of the executive branch as described in sections
227E.2 and 7E.5.
232. Personnel settlement agreements shall not contain any
24confidentiality or nondisclosure provision that attempts to
25prevent the disclosure of the personnel settlement agreement.
26In addition, any confidentiality or nondisclosure provision in
27a personnel settlement agreement is void and unenforceable.
283. The requirements of this section shall not be superseded
29by any provision of a collective bargaining agreement.
304. All personnel settlement agreements shall be made easily
31accessible to the public on an internet site maintained as
32follows:
33a. For personnel settlement agreements with an employee of
34the executive branch, excluding an employee of the state board
35of regents or institution under the control of the state board
-37-1of regents, by the department of administrative services.
2b. For personnel settlement agreements with an employee of
3the state board of regents or institution under the control of
4the state board of regents, by the state board of regents.
55. a. A state agency shall not enter into a personnel
6settlement agreement with a state employee on behalf of the
7state unless the personnel settlement agreement is first
8reviewed by the attorney general or the attorney general’s
9designee. Additionally, a state agency shall not enter into a
10personnel settlement agreement with a state employee on behalf
11of the state unless the agreement has been approved in writing
12by the following individuals:
13(1) For a state agency other than an institution governed
14by the board of regents, the director of the department of
15management, the director of the department of administrative
16services, and the head of the state agency.
17(2) For an institution governed by the board of regents, the
18executive director of the board of regents and the head of the
19institution.
20b. If subparagraph (1) or (2) is not consistent with the
21provision of a collective bargaining agreement, a state agency
22shall provide the individuals referenced in this subsection,
23as applicable, with regular reports regarding any personnel
24settlement agreements entered into with state employees by the
25state agency.
26 Sec. 52. NEW SECTION. 22.15 Personnel records — discipline
27— employee notification.
28A government body that takes disciplinary action against an
29employee that may result in information described in section
3022.7, subsection 11, paragraph “a”, subparagraph (5), being
31placed in the employee’s personnel record, prior to taking such
32disciplinary action, shall notify the employee in writing that
33the information placed in the employee’s personnel file as a
34result of the disciplinary action may become a public record.
35 Sec. 53. EFFECTIVE UPON ENACTMENT. This division of this
-38-1Act, being deemed of immediate importance, takes effect upon
2enactment.
3 Sec. 54. APPLICABILITY. The section of this division of
4this Act amending section 22.7, subsection 11, applies to all
5information described in section 22.7, subsection 11, paragraph
6“a”, subparagraph (5), as amended by this division of this Act,
7relating to information placed in an individual’s personnel
8records on or after the effective date of this division of this
9Act.
10DIVISION IV
11CITY CIVIL SERVICE REQUIREMENTS
12 Sec. 55. Section 400.12, Code 2017, is amended to read as
13follows:
14400.12 Seniority.
151. For the purpose of determining the seniority rights
16of civil service employees employed or appointed as fire
17fighters or police officers, fire chiefs or police chiefs, or
18assistant fire chiefs or assistant police chiefs, seniority
19shall be computed, beginning with the date of appointment to
20or employment in any positions for which they were certified
21or otherwise qualified and established as provided in this
22chapter, but shall not include any period of time exceeding
23sixty days in any one year during which they were absent from
24the service except for disability.
252. In the event that a civil service employee employed
26or appointed as a fire fighter or police officer, fire chief
27or police chief, or assistant fire chief or assistant police
28chief has more than one classification or grade, the length of
29the employee’s seniority rights shall date in the respective
30classifications or grades from and after the time the employee
31was appointed to or began employment in each classification or
32grade. In the event that an employee has been promoted from
33one classification or grade to another, the employee’s civil
34service seniority rights shall be continuous in any department
35grade or classification that the employee formerly held.
-39- 13. A list of all civil service employees employed or
2appointed as fire fighters or police officers, fire chiefs or
3police chiefs, or assistant fire chiefs or assistant police
4chiefs shall be prepared and posted in the city hall by the
5civil service commission on or before July 1 of each year,
6indicating the civil service standing of each employee as to
7the employee’s seniority.
84. Seniority rights under this section shall not be
9applicable to a civil service employee unless the employee is
10employed or appointed as a fire fighter or police officer, fire
11chief or police chief, or assistant fire chief or assistant
12police chief. Seniority rights under this section shall only
13accrue during employment or appointment as a fire fighter or
14police officer, fire chief or police chief, or assistant fire
15chief or assistant police chief.
16 Sec. 56. Section 400.17, subsection 4, Code 2017, is amended
17to read as follows:
184. A person shall not be appointed, denied appointment,
19promoted, removed, discharged, suspended, or demoted to or
20from a civil service position or in any other way favored or
21discriminated against in that position because of political
22or religious opinions or affiliations, race, national origin,
23sex, or age, or in retaliation for the exercise of any right
24enumerated in this chapter. However, the maximum age for a
25police officer or fire fighter covered by this chapter and
26employed for police duty or the duty of fighting fires is
27sixty-five years of age.
28 Sec. 57. Section 400.18, Code 2017, is amended to read as
29follows:
30400.18 Removal, discharge, demotion, or suspension.
311. A person holding civil service rights as provided in this
32chapter shall not be removed, discharged, demoted, or suspended
33arbitrarily, except as otherwise provided in this chapter,
34 but may be removed, discharged, demoted, or suspended after a
35hearing by a majority vote of the civil service commission,
-40-1for neglect of duty, disobedience, misconduct, or failure
2to properly perform the person’s duties due to any act or
3failure to act by the employee that is in contravention of
4law, city policies, or standard operating procedures, or that
5in the judgment of the person having the appointing power as
6provided in this chapter, or the chief of police or chief of
7the fire department, is sufficient to show that the employee is
8unsuitable or unfit for employment.
92. An employee who is removed, discharged, demoted, or
10suspended may request a hearing before the civil service
11commission to review the appointing authority’s, police
12chief’s, or fire chief’s decision to remove, discharge, demote,
13or suspend the employee.
142. 3. The party alleging neglect of duty, disobedience,
15misconduct, or failure to properly perform a duty city shall
16have the burden of proof to prove that the act or failure to act
17by the employee was in contravention of law, city policies, or
18standard operating procedures, or is sufficient to show that
19the employee is unsuitable or unfit for employment.
203. 4. A person subject to a hearing has the right to
21be represented by counsel at the person’s expense or by the
22person’s authorized collective bargaining representative.
235. A collective bargaining agreement to which a bargaining
24unit that has a majority of members who are public safety
25employees as defined in section 20.3 is a party shall provide
26additional procedures not inconsistent with this section for
27the implementation of this section.
28 Sec. 58. Section 400.19, Code 2017, is amended to read as
29follows:
30400.19 Removal, or discharge, demotion, or suspension of
31subordinates.
32The person having the appointing power as provided in
33this chapter, or the chief of police or chief of the fire
34department, may, upon presentation of grounds for such action
35to the subordinate in writing, peremptorily remove, discharge,
-41-1demote, or suspend, demote, or discharge a subordinate then
2under the person’s or chief’s direction for neglect of duty,
3disobedience of orders, misconduct, or failure to properly
4perform the subordinate’s duties due to any act or failure
5to act by the employee that is in contravention of law, city
6policies, or standard operating procedures, or that in the
7judgment of the person or chief is sufficient to show that the
8employee is unsuitable or unfit for employment.
9 Sec. 59. Section 400.20, Code 2017, is amended to read as
10follows:
11400.20 Appeal.
12The suspension removal, discharge, demotion, or discharge
13 suspension of a person holding civil service rights may be
14appealed to the civil service commission within fourteen
15calendar days after the suspension removal, discharge,
16 demotion, or discharge suspension.
17 Sec. 60. Section 400.21, Code 2017, is amended to read as
18follows:
19400.21 Notice of appeal.
20If the appeal be taken by the person suspended removed,
21discharged, demoted, or discharged suspended, notice thereof,
22signed by the appellant and specifying the ruling appealed
23from, shall be filed with the clerk of commission; if by the
24person making such suspension removal, discharge, demotion, or
25discharge suspension, such notice shall also be served upon the
26person suspended removed, discharged, demoted, or discharged
27 suspended.
28 Sec. 61. Section 400.22, Code 2017, is amended to read as
29follows:
30400.22 Charges.
31Within fourteen calendar days from the service of the notice
32of appeal, the person or body making the ruling appealed
33from shall file with the body to which the appeal is taken a
34written specification of the charges and grounds upon which the
35ruling was based. If the charges are not filed, the person
-42-1suspended or removed, discharged, demoted, or suspended may
2present the matter to the body to whom the appeal is to be
3taken by affidavit, setting forth the facts, and the body to
4whom the appeal is to be taken shall immediately enter an
5order reinstating the person suspended or removed, discharged,
6demoted, or suspended for want of prosecution.
7 Sec. 62. Section 400.27, Code 2017, is amended to read as
8follows:
9400.27 Jurisdiction — attorney — appeal.
101. The civil service commission has jurisdiction to hear
11and determine matters involving the rights of civil service
12employees under this chapter, and may affirm, modify, or
13reverse any case on its merits.
142. The city attorney or solicitor shall be the attorney
15for the commission or when requested by the commission shall
16present matters concerning civil service employees to the
17commission, except the commission may hire a counselor or
18an attorney on a per diem basis to represent it when in the
19opinion of the commission there is a conflict of interest
20between the commission and the city council. The counselor or
21attorney hired by the commission shall not be the city attorney
22or solicitor. The city shall pay the costs incurred by the
23commission in employing an attorney under this section.
24The city or any civil service employee shall have a right to
25appeal to the district court from the final ruling or decision
26of the civil service commission. The appeal shall be taken
27within thirty days from the filing of the formal decision of
28the commission. The district court of the county in which the
29city is located shall have full jurisdiction of the appeal and
30the said appeal shall be a trial de novo as an equitable action
31in the district court.
32The appeal to the district court shall be perfected by filing
33a notice of appeal with the clerk of the district court within
34the time prescribed in this section by serving notice of appeal
35on the clerk of the civil service commission, from whose ruling
-43-1or decision the appeal is taken.
2In the event the ruling or decision appealed from is reversed
3by the district court, the appellant, if it be an employee,
4shall then be reinstated as of the date of the said suspension,
5demotion, or discharge and shall be entitled to compensation
6from the date of such suspension, demotion, or discharge.
7 Sec. 63. Section 400.28, Code 2017, is amended to read as
8follows:
9400.28 Employees — number diminished.
101. When the public interest requires A city council may
11implement a diminution of employees in a classification or
12grade under civil service, the city council, acting in good
13faith, may do either of the following:
14a. Abolish the office and remove the employee from
15the employee’s classification or grade thereunder. Such
16a diminution shall be carried out in accordance with any
17procedures provided in a collective bargaining agreement to
18which a bargaining unit that has a majority of members who are
19public safety employees as defined in section 20.3 is a party,
20if applicable.
21b. Reduce the number of employees in any classification or
22grade by suspending the necessary number.
232. In case it thus becomes necessary to so remove or suspend
24any such employees, the persons so removed or suspended shall
25be those having seniority of the shortest duration in the
26classifications or grades affected, and such seniority shall be
27computed as provided in section 400.12 for all persons holding
28seniority in the classification or grade affected, regardless
29of their seniority in any other classification or grade, but
30any such employee so removed from any classification or grade
31shall revert to the employee’s seniority in the next lower
32grade or classification; if such seniority is equal, then the
33one less efficient and competent as determined by the person or
34body having the appointing power shall be the one affected.
353. In case of removal or suspension, the civil service
-44-1commission shall issue to each person affected one certificate
2showing the person’s comparative seniority or length of service
3in each of the classifications or grades from which the person
4is so removed and the fact that the person has been honorably
5removed. The certificate shall also list each classification
6or grade in which the person was previously employed. The
7person’s name shall be carried for a period of not less than
8three years after the suspension or removal on a preferred list
9and appointments or promotions made during that period to the
10person’s former duties in the classification or grade shall
11be made in the order of greater seniority from the preferred
12lists.
13 Sec. 64. Section 411.1, subsection 14, Code 2017, is amended
14to read as follows:
1514. “Member in good standing” means a member in service who
16is not subject to removal, discharge, demotion, or suspension
17 by the employing city of the member pursuant to section 400.18
18or 400.19, or other comparable process, and who is not the
19subject of an investigation that could lead to such removal,
20discharge, demotion, or suspension. Except as specifically
21provided pursuant to section 411.9, a person who is restored
22to active service for purposes of applying for a pension under
23this chapter is not a member in good standing.
24 Sec. 65. SENIORITY RIGHTS — APPLICABILITY. On and after
25the effective date of this division of this Act, any seniority
26rights of city civil service employees, including but not
27limited to seniority accrued, provided pursuant to section
28400.12, Code 2017, that are not also provided pursuant to
29section 400.12, as amended by this division of this Act, are
30extinguished.
31 Sec. 66. EFFECTIVE UPON ENACTMENT. This division of this
32Act, being deemed of immediate importance, takes effect upon
33enactment.
34DIVISION V
35Health insurance matters
-45-1 Sec. 67. NEW SECTION. 70A.41 Public employee health
2insurance.
3A public employer shall offer health insurance to all public
4employees employed by the public employer. All costs of such
5health insurance shall be determined as otherwise provided
6by law. For purposes of this section, “public employer” and
7“public employee” mean the same as defined in section 20.3.
8 Sec. 68. STATE AND REGENTS EMPLOYEE HEALTH INSURANCE —
9OPEN ENROLLMENT PERIOD. A thirty-day enrollment and change
10period for health insurance coverage may be established and
11administered for any employees of the state of Iowa, the state
12board of regents, or an institution governed by the state board
13of regents eligible to participate in a health insurance plan
14offered by the state, state board, or institution pursuant to
15chapter 509A, if the affected employees are provided written
16notice of the period at least thirty days before the beginning
17of the period and if the first day of such a period occurs in
18calendar year 2017.
19 Sec. 69. EFFECTIVE UPON ENACTMENT. This division of this
20Act, being deemed of immediate importance, takes effect upon
21enactment.
22EXPLANATION
23The inclusion of this explanation does not constitute agreement with
24the explanation’s substance by the members of the general assembly.
25This bill relates to employment matters involving public
26employees including collective bargaining, educator employment
27matters, personnel records and settlement agreements, and city
28civil service requirements.
29DIVISION I — PUBLIC EMPLOYEE COLLECTIVE BARGAINING.
30 This division makes a variety of changes to Code chapter
3120, the public employment relations Act, as well as other
32Code provisions relating to collective bargaining by public
33employees.
34SCOPE OF NEGOTIATIONS. The division makes changes to
35mandatory and prohibited subjects which are negotiated through
-46-1collective bargaining between public employers and public
2employees under Code section 20.9.
3Under current law, for negotiations regarding any public
4employees, mandatory subjects of bargaining are wages, hours,
5vacations, insurance, holidays, leaves of absence, shift
6differentials, overtime compensation, supplemental pay,
7seniority, transfer procedures, job classifications, health and
8safety matters, evaluation procedures, procedures for staff
9reduction, in-service training, terms authorizing dues checkoff
10for members of employee organizations, grievance procedures
11for resolving any questions arising under the agreement, and
12other matters mutually agreed upon. Retirement systems are a
13prohibited subject of bargaining.
14The division provides that, for negotiations regarding a
15bargaining unit with a majority of members who are public
16safety employees, mandatory subjects of bargaining are wages,
17hours, vacations, insurance, holidays, leaves of absence,
18shift differentials, overtime compensation, supplemental pay,
19seniority, transfer procedures, job classifications, health
20and safety matters, evaluation procedures, procedures for
21staff reduction, in-service training, grievance procedures
22for resolving any questions arising under the agreement, and
23other matters mutually agreed upon. The division provides
24that, for negotiations regarding a bargaining unit that does
25not have a majority of members who are public safety employees,
26the mandatory subjects of bargaining are base wages and
27other matters mutually agreed upon. Mandatory subjects of
28negotiation specified in the division shall be interpreted
29narrowly and restrictively.
30The division provides that prohibited subjects of bargaining
31for negotiations regarding any public employees are retirement
32systems, dues checkoffs, and other payroll deductions for
33political action committees or other political contributions or
34political activities. The division provides that prohibited
35subjects of bargaining negotiations regarding a bargaining unit
-47-1that does not have a majority of members who are public safety
2employees shall also include insurance, leaves of absence for
3political activities, supplemental pay, transfer procedures,
4evaluation procedures, procedures for staff reduction, release
5time, subcontracting public services, grievance procedures
6for resolving any questions arising under the agreement, and
7seniority and any wage increase, employment benefit, or other
8employment advantage based on seniority.
9The division provides that the term of a collective
10bargaining agreement entered into pursuant to Code chapter 20
11shall not exceed five years.
12The division defines “public safety employee” as a public
13employee who is employed as a sheriff or a sheriff’s regular
14deputy; a marshal or police officer of a city, township, or
15special-purpose district or authority who is a member of a
16paid police department; a member, except a non-peace officer
17member, of the division of state patrol, narcotics enforcement,
18state fire marshal, or criminal investigation, including but
19not limited to a gaming enforcement officer, who has been duly
20appointed by the department of public safety in accordance with
21Code section 80.15; a conservation officer or park ranger as
22authorized by Code section 456A.13; or a permanent or full-time
23fire fighter of a city, township, or special-purpose district
24or authority who is a member of a paid fire department. The
25division defines “supplemental pay” as a payment of moneys
26or other thing of value that is in addition to compensation
27received pursuant to any other permitted subject of negotiation
28specified in Code section 20.9 and is related to the employment
29relationship.
30ARBITRATION PROCEDURES. The division makes changes to the
31procedures for arbitration of impasses in collective bargaining
32between public employers and public employees under Code
33section 20.22.
34ARBITRATION FACTORS. The division modifies the factors that
35an arbitrator is required to consider in addition to any other
-48-1relevant factors in making a final determination on an impasse
2item.
3The division requires an arbitrator to specifically
4address in the arbitrator’s final determination on an impasse
5item the factors considered by the arbitrator in making the
6determination.
7ARBITRATION FACTORS — PUBLIC SAFETY EMPLOYEES. Under the
8division, an arbitrator in an arbitration to which a bargaining
9unit that has a majority of members who are public safety
10employees is a party is required to consider past collective
11bargaining contracts between the parties including the
12bargaining that led up to such contracts.
13The arbitrator is required to consider a comparison of
14wages, hours, and conditions of employment of the involved
15public employees with those of other public employees doing
16comparable work, giving consideration to factors peculiar to
17the area and the classifications involved.
18The arbitrator is required to consider the interests and
19welfare of the public, the ability of the public employer to
20finance economic adjustments and the effect of such adjustments
21on the normal standard of services.
22ARBITRATION FACTORS — NONPUBLIC SAFETY EMPLOYEES. Under
23the division, an arbitrator in an arbitration to which a
24bargaining unit that does not have a majority of members who
25are public safety employees is a party is required to consider
26a comparison of base wages, hours, and conditions of employment
27of the involved public employees with those of other public
28employees doing comparable work, giving consideration to
29factors peculiar to the area and the classifications involved.
30To the extent adequate, applicable data is available, the
31arbitrator is also required to compare base wages, hours, and
32conditions of employment of the involved public employees
33with those of private sector employees doing comparable work,
34giving consideration to factors peculiar to the area and the
35classifications involved.
-49- 1The arbitrator is required to consider the interests and
2welfare of the public.
3The arbitrator is required to consider the financial ability
4of the employer to meet the cost of an offer in light of the
5current economic conditions of the public employer. The
6arbitrator is required to give substantial weight to evidence
7that the public employer’s authority to utilize funds is
8restricted to special purposes or circumstances by state or
9federal law, rules, regulations, or grant requirements.
10The division prohibits the arbitrator from considering
11past collective bargaining agreements between the parties or
12bargaining that led to such agreements. The division also
13prohibits the arbitrator from considering the public employer’s
14ability to fund an award through the increase or imposition of
15new taxes, fees, or charges, or to develop other sources of
16revenues.
17MISCELLANEOUS ARBITRATION MATTERS. The division permits
18the parties to agree to change the four-day deadline to serve
19final offers on impasse items after a request for arbitration
20is received.
21The division prohibits the parties to an arbitration from
22introducing, and the arbitrator from accepting or considering,
23any direct or indirect evidence regarding any subject excluded
24from negotiations pursuant to Code section 20.9.
25Current law requires an arbitrator to select the most
26reasonable offer, in the arbitrator’s judgment, of the
27final offers on each impasse item submitted by the parties.
28The division provides that, for an arbitration to which a
29bargaining unit that does not have a majority of members who
30are public safety employees is a party, with respect to any
31increase in base wages, the arbitrator’s award shall not exceed
32the lesser of two percentages in any one-year period in the
33duration of the bargaining agreement. The percentages are 3
34percent or a percentage equal to the increase in the consumer
35price index for all urban consumers (CPI-U) for the midwest
-50-1region, if any, as determined by the United States department
2of labor, bureau of labor statistics, or a successor index.
3The CPI-U percentage shall be the change in the consumer price
4index for the 12-month period beginning 18 months prior to
5the month in which the impasse item regarding base wages was
6submitted to the arbitrator and ending six months prior to
7the month in which the impasse item regarding base wages was
8submitted to the arbitrator.
9The division requires the public employment relations board
10(PERB) to provide information to the parties regarding the
11change in the CPI-U for the midwest region for any 12-month
12period to assist the parties in the preparation of their final
13offers on an impasse item regarding base wages. The division
14requires the department of workforce development to assist the
15PERB in preparing such information upon request.
16PUBLIC EMPLOYEE ELECTIONS. The division makes changes to
17public employee elections conducted pursuant to Code section
1820.15.
19CERTIFICATION ELECTIONS. The division raises the required
20percentage of support from employees in a bargaining unit
21required for an employee organization that did not submit
22a petition for certification as the exclusive bargaining
23representative of a bargaining unit to be listed on the ballot
24for a certification election from 10 percent to 30 percent.
25The division provides that if a majority of employees in
26a bargaining unit vote for no bargaining representation,
27the public employees in the bargaining unit shall not be
28represented by an employee organization. The division provides
29that if a majority of employees in the bargaining unit vote
30for a listed employee organization, that employee organization
31shall represent the public employees in the bargaining unit.
32The division provides that if none of the choices listed
33on the ballot receive the vote of a majority of the public
34employees in the bargaining unit, the public employees in
35the bargaining unit shall not be represented by an employee
-51-1organization. Current law requires a runoff election to be
2held if none of the choices listed on the ballot receive a
3majority of votes cast.
4The division prohibits the PERB from considering a petition
5for certification as the exclusive bargaining representative
6of a bargaining unit unless a period of two years has
7elapsed from the date of the last certification election
8in which an employee organization was not certified as the
9exclusive representative of that bargaining unit, of the last
10retention and recertification election in which an employee
11organization was not retained and recertified as the exclusive
12representative of that bargaining unit, or of the last
13decertification election in which an employee organization was
14decertified as the exclusive representative of that bargaining
15unit.
16DECERTIFICATION ELECTIONS. The division provides that
17if a majority of the public employees in a bargaining unit
18vote to decertify the bargaining representative, the PERB,
19after the period for filing written objections has elapsed,
20shall immediately decertify the representative and the
21public employees shall not be represented by an employee
22organization except pursuant to the filing of a subsequent
23petition for certification of an employee organization and an
24election conducted pursuant to such petition. Such written
25objections and decertifications shall be subject to applicable
26administrative and judicial review.
27The division provides that if a majority of the public
28employees in the bargaining unit do not vote to decertify the
29bargaining representative, the bargaining representative shall
30continue to represent the public employees in the bargaining
31unit.
32The division prohibits the PERB from considering a petition
33for decertification of an employee organization unless a
34bargaining unit’s collective bargaining agreement exceeds
35two years in length. The division also prohibits the PERB
-52-1from scheduling a decertification election for a bargaining
2unit within one year of a prior certification, retention and
3recertification, or decertification election involving the
4bargaining unit. The division requires the PERB to schedule
5a decertification election not less than 150 days before the
6expiration date of the bargaining unit’s collective bargaining
7agreement unless otherwise prohibited by the division.
8RETENTION AND RECERTIFICATION ELECTIONS. The division
9provides for elections to retain and recertify the bargaining
10representative of a bargaining unit prior to the expiration of
11the bargaining unit’s collective bargaining agreement. The
12division provides that the question on the ballot shall be
13whether the bargaining representative of the public employees
14in the bargaining unit shall be retained and recertified as
15the bargaining representative of the public employees in the
16bargaining unit. For collective bargaining agreements with
17a June 30 expiration date, the division provides that the
18election shall occur between June 1 and November 1, both dates
19included, in the year prior to that expiration date. For
20collective bargaining agreements with a different expiration
21date, the division provides that the election shall occur
22between 365 and 270 days prior to the expiration date.
23The division provides that if a majority of the public
24employees in the bargaining unit vote to retain and recertify
25the representative, the PERB shall retain and recertify the
26bargaining representative, and the bargaining representative
27shall continue to represent the public employees in the
28bargaining unit. The division provides that if a majority
29of the public employees in the bargaining unit do not vote
30to retain and recertify the representative, the PERB,
31after the period for filing written objections has elapsed,
32shall immediately decertify the representative and the
33public employees shall not be represented by an employee
34organization except pursuant to the filing of a subsequent
35petition for certification of an employee organization and an
-53-1election conducted pursuant to such petition. Such written
2objections and decertifications shall be subject to applicable
3administrative and judicial review.
4PERB DUTIES. The division strikes language providing that
5the PERB shall interpret, apply, and administer the provisions
6of Code chapter 20. The division instead provides that the
7PERB shall administer the provisions of Code chapter 20.
8The division requires the PERB to appoint a certified
9shorthand reporter to report state employee grievance and
10discipline resolution proceedings pursuant to Code section
118A.415, relating to grievance and discipline resolution
12procedures under the state employee merit system, and fix a
13reasonable amount of compensation for such service and for any
14transcript requested by the PERB, which amounts shall be taxed
15as other costs.
16The division authorizes the PERB to contract with a vendor
17to conduct elections required by Code section 20.15 on behalf
18of the PERB. The division requires the PERB to establish fees
19by rule to cover the cost of such elections. Such fees shall
20be paid in advance of an election and shall be paid by each
21employee organization listed on the ballot.
22STATEWIDE COLLECTIVE BARGAINING AGREEMENTS FOLLOWING A
23GUBERNATORIAL ELECTION YEAR. The division prohibits holding
24a ratification election or requesting arbitration for the
25negotiation of a proposed, statewide collective bargaining
26agreement to become effective in the year following a general
27election in which the governor and certain other elected
28officials are elected until at least two weeks after the date
29of the beginning of the term of office of the governor in that
30year as prescribed in the Iowa Constitution. The division
31provides that on and after the beginning of the term of
32office of the governor in that year as prescribed in the Iowa
33Constitution, the governor shall have the authority to reject
34such a proposed statewide collective bargaining agreement. If
35the governor does so, the division requires the parties to
-54-1commence collective bargaining in accordance with Code section
220.17. The division provides that such negotiation shall be
3complete not later than March 15 of that year, unless the
4parties mutually agree to a different deadline. The division
5requires the PERB to adopt rules providing for alternative
6deadlines for the completion of the procedures provided in Code
7sections 20.17, 20.19, 20.20, and 20.22 for negotiation of such
8statewide collective bargaining agreements in such years, which
9deadlines may be waived by mutual agreement of the parties.
10CONFIDENTIAL RECORDS. The division provides that
11evidence of public employee support for the retention and
12recertification of an employee organization that is submitted
13to the PERB as provided in Code section 20.15 is a confidential
14record under Code chapter 22, the state open records law. The
15division also provides that information indicating whether
16a public employee voted in a certification, retention and
17recertification, or decertification election, or how the
18employee voted on any question on a ballot in such an election,
19is a confidential record.
20EMPLOYEE ORGANIZATION DUES. The division strikes current
21Code section 70A.19, relating to the duration of state payroll
22deductions for dues of members of employee organizations,
23and replaces it with new Code section 70A.19. New Code
24section 70A.19 prohibits the state, a state agency, a regents
25institution, a board of directors of a school district, a
26community college, or an area education agency, a county board
27of supervisors, a governing body of a city, or any other public
28employer from authorizing or administering a deduction from the
29salaries or wages of its employees for membership dues to an
30employee organization.
31MISCELLANEOUS PROVISIONS RELATING TO PUBLIC EMPLOYEE
32COLLECTIVE BARGAINING. The division modifies certain public
33employer rights provided in Code section 20.7. The division
34provides that a public employer has the right to evaluate
35public employees in positions within the public agency.
-55-1The division strikes language providing that suspension or
2discharge of a public employee must be for proper cause.
3The division provides that a public employee has the right
4under Code section 20.8 to exercise any right or seek any
5remedy provided by law, including but not limited to Code
6sections 70A.28 and 70A.29, Code chapter 8A, subchapter IV, and
7Code chapters 216 and 400. Interfering with public employee
8rights under Code section 20.8 is a prohibited practice under
9Code section 20.10. Code section 20.11 provides administrative
10remedies for violations of Code section 20.10.
11Language in Code section 20.17, subsection 9, prohibiting a
12public employee or any employee organization from negotiating
13or attempting to negotiate directly with a member of the
14governing board of a public employer if the public employer
15has appointed or authorized a bargaining representative for
16the purpose of bargaining with the public employees or their
17representative is transferred to Code section 20.10.
18The division increases the amount of time before an employee
19organization decertified as the exclusive representative of a
20bargaining unit for violating an injunction against an unlawful
21strike can be certified again from 12 months to 24 months.
22Current Code section 20.26, which prohibits employer
23organizations from making direct or indirect political
24contributions, specifies that the section shall not be
25construed to prohibit voluntary contributions by individuals
26to political parties or candidates. The division provides
27that such contributions shall not be made through payroll
28deductions. Current law provides that any person who willfully
29violates Code section 20.26, or who makes a false statement
30knowing it to be false, or who knowingly fails to disclose a
31material fact shall, upon conviction, be subject to a fine of
32not more than $1,000 or imprisoned for not more than 30 days or
33shall be subject to both such fine and imprisonment.
34The division requires the PERB to maintain an internet site
35that allows searchable access to a database of collective
-56-1bargaining agreements and other collective bargaining
2information.
3The division strikes and replaces Code section 20.30,
4relating to voluntary reductions in rank by supervisory
5members of departments or agencies in certain circumstances.
6Previously, Code section 20.30 prohibited granting a
7supervisory member employed by any state department or agency
8a voluntary reduction to a nonsupervisory rank or grade
9during the six months preceding retirement of the member. The
10division further provided that a member employed by any state
11department or agency who retires in less than six months after
12voluntarily requesting and receiving a reduction in rank or
13grade from a supervisory to a nonsupervisory position shall be
14ineligible for a benefit to which the member is entitled as
15a nonsupervisory member but is not entitled as a supervisory
16member. The division increases these time periods to 36
17months.
18The division provides that a mediator shall not be required
19to testify in any arbitration proceeding regarding any matters
20occurring in the course of a mediation.
21The division strikes language requiring a council, board of
22waterworks, or other board or commission which establishes a
23pension and annuity retirement system pursuant to Code chapter
24412 to negotiate in good faith with a certified employee
25organization which is the collective bargaining representative
26of the employees, with respect to the amount or rate of
27the assessment on the wages and salaries of employees and
28the method or methods for payment of the assessment by the
29employees.
30The division makes additional conforming changes.
31TRANSITION PROVISIONS. The division requires parties,
32mediators, and arbitrators engaging in any collective
33bargaining procedures provided for in Code chapter 20, Code
342017, who have not, before the effective date of the division,
35completed such procedures, to immediately terminate any such
-57-1procedures in process as of the effective date of the division.
2The division provides that a collective bargaining agreement
3negotiated pursuant to such procedures in process shall not
4become effective. The division prohibits parties, mediators,
5and arbitrators from engaging in further collective bargaining
6procedures except as provided in the division. Such parties,
7on or after the effective date of the division, may commence
8collective bargaining in accordance with Code section 20.17, as
9amended by the division.
10If such parties include a state public employer and a state
11employee organization, the division provides that negotiation
12of a proposed collective bargaining agreement to become
13effective during the remainder of calendar year 2017 shall be
14complete not later than March 15, 2017, unless the parties
15mutually agree to a different deadline. If such parties
16include public employees represented by a certified employee
17organization who are employed by a public employer which is a
18school district, area education agency, or community college,
19the division provides that negotiation of a proposed collective
20bargaining agreement to become effective during the remainder
21of calendar year 2017 shall be complete not later than June
2230, 2017, unless the parties mutually agree to a different
23deadline.
24The division requires the PERB to adopt emergency rules to
25provide for procedures as deemed necessary to implement these
26transition provisions. The division provides that such rules
27shall include but are not limited to alternative deadlines
28for completion of the procedures provided in sections 20.17
29and 20.22, as amended by the division, and sections 20.19 and
3020.20, which deadlines may be waived by mutual agreement of the
31parties.
32EFFECTIVE DATE AND APPLICABILITY PROVISIONS. The division
33takes effect upon enactment.
34With the exception of the section of the division amending
35Code section 20.6, subsection 1, the division does not apply
-58-1to collective bargaining agreements which have been ratified
2in a ratification election, for which an arbitrator has made
3a final determination, or which have become effective, where
4such events occurred before the effective date of the division.
5The division applies to all collective bargaining procedures
6provided for in Code chapter 20 occurring on and after the
7effective date of the division and collective bargaining
8agreements for which a ratification election is held, for which
9an arbitrator makes a final determination, or which, unless
10otherwise provided in the division, become effective on or
11after the effective date of the division.
12The provision of the division amending Code section
1370A.19 does not apply to dues deductions required by
14collective bargaining agreements which have been ratified in
15a ratification election, for which an arbitrator has made a
16final determination, or which have become effective, where such
17events occurred before the effective date of the division.
18The provision of the division enacting Code section 20.15,
19subsection 2, which provides for retention and recertification
20elections, does not apply to collective bargaining agreements
21with expiration dates occurring before April 1, 2018.
22DIVISION II — EDUCATOR EMPLOYMENT MATTERS. This division
23makes a variety of changes relating to educator employment
24matters.
25TERMINATION OF TEACHER EMPLOYMENT CONTRACTS. The division
26makes various changes relating to the termination of teacher
27employment contracts.
28The division extends various procedural deadlines
29regarding private hearings held after a superintendent
30recommends termination of a teacher’s employment contract.
31The division makes participation in such a private hearing
32by the superintendent, the superintendent’s designated
33representatives, the teacher’s immediate supervisor, the
34teacher, and the teacher’s representatives discretionary on
35the part of those individuals instead of mandatory. The
-59-1division strikes a requirement that the school board employ
2a certified shorthand reporter to keep a record of a private
3hearing, although the board must still keep a record. The
4division strikes a requirement that the school board issue
5subpoenas for witnesses and evidence on behalf of the board and
6the teacher. The division strikes language providing for a
7judicial remedy if a witness appears and refuses to testify or
8to produce required books or papers at a private hearing. The
9division strikes language authorizing the superintendent and
10the teacher to file written briefs and arguments with the board
11at the conclusion of the private hearing. The division strikes
12language providing deadlines for determining the status of the
13teacher’s contract if the teacher does not request a private
14hearing. The division strikes language requiring that the
15decision of the board include findings of fact and conclusions
16of law. The division permits a school board which votes to
17continue a teacher’s contract to issue the teacher a one-year,
18nonrenewable contract.
19The division repeals Code section 279.17, which permits a
20teacher to appeal the board’s determination to an adjudicator
21and provides procedures for such appeals. Code language
22providing for appeal of an adjudicator’s decision to district
23court is modified to allow a teacher to appeal the board’s
24determination to district court.
25TEACHER PROBATIONARY PERIODS. The division makes various
26changes relating to probationary employment of teachers.
27The division increases from one year to two years the
28length of a teacher’s probationary employment period in a
29school district if the teacher has successfully completed a
30probationary period of employment for another school district
31located in Iowa.
32The division strikes language providing that requirements
33for notices of termination, private hearings, and appeals
34applicable to nonprobationary teachers whose employment
35contracts are terminated are applicable to probationary
-60-1teachers whose employment contracts are terminated. The
2division provides alternative procedures for the termination of
3employment contracts of such probationary teachers, including
4notification procedures and the opportunity to request a
5private conference with the school board.
6EXTRACURRICULAR INTERSCHOLASTIC ATHLETIC COACH CONTRACTS.
7 The division makes various changes relating to extracurricular
8interscholastic athletic coach employment contracts. The
9division strikes language providing that wages for such
10coaches shall be paid pursuant to established or negotiated
11supplemental pay schedules. The division strikes language
12providing that employment contracts of such coaches shall be
13continued automatically in force and effect for equivalent
14periods and that the termination of such contracts follows
15procedures similar to those used for teacher contracts. The
16division provides that employment contracts of such coaches may
17be terminated prior to their expiration for any lawful reason
18following an informal, private hearing before the school board.
19The division provides that the decision of the school board to
20terminate such a contract is final.
21SCHOOL ADMINISTRATOR EMPLOYMENT MATTERS. The division makes
22various changes relating to school administrator employment
23matters.
24The division strikes language providing that the rate of
25compensation in an administrator’s employment contract must be
26on a weekly or monthly basis.
27The division permits a school board to issue a temporary
28employment contract to an administrator for a period of up to
29nine months.
30The division strikes language permitting a school board
31considering the termination of an administrator’s contract and
32the administrator to mutually agree to enter into a one-year,
33nonrenewable employment contract and instead permits the school
34board to issue such a contract.
35The division increases the probationary employment
-61-1period for administrators from two years to three years
2and strikes language permitting a school board to waive the
3probationary period for an administrator who previously served
4a probationary period in another school district.
5The division provides that a hearing before an
6administrative law judge requested by an administrator whose
7employment contract a school board is considering terminating
8shall be a private hearing. The division extends certain
9procedural deadlines relating to such hearings. The division
10provides that any witnesses for the parties at the hearing
11shall be sequestered. The division strikes language requiring
12that the decision of the board include findings of fact and
13conclusions of law. The division permits a school board which
14votes to continue an administrator’s contract to issue the
15administrator a one-year, nonrenewable contract.
16INTENSIVE ASSISTANCE PROGRAMS. The division makes various
17changes relating to intensive assistance programs.
18The division provides that a teacher who has previously
19participated in an intensive assistance program relating to
20particular Iowa teaching standards or criteria shall not be
21entitled to participate in another intensive assistance program
22relating to the same standards or criteria. The division
23provides that following a teacher’s participation in an
24intensive assistance program, the teacher shall be reevaluated
25to determine whether the teacher successfully completed
26the intensive assistance program and is meeting district
27expectations under the applicable Iowa teaching standards or
28criteria. The division provides that if the teacher did not
29successfully complete the intensive assistance program or
30continues not to meet the applicable Iowa teaching standards or
31criteria, the board may initiate procedures to terminate the
32teacher’s employment contract immediately or at the end of the
33school year or may continue the teacher’s contract for a period
34not to exceed one year on a nonrenewable basis and without the
35right to a private hearing.
-62- 1MISCELLANEOUS PROVISIONS RELATING TO EDUCATOR EMPLOYMENT
2MATTERS. The division permits a school board to issue a
3temporary employment contract to a teacher for a period of up
4to six months.
5The division provides that just cause for which a teacher
6may be discharged at any time during the contract year under
7Code section 279.27 includes but is not limited to a violation
8of the code of professional conduct and ethics of the board
9of educational examiners if the board has taken disciplinary
10action against a teacher, during the six months following
11issuance by the board of a final written decision and finding
12of fact after a disciplinary proceeding. Code section 279.27
13specifies procedures for such discharges.
14The division strikes language permitting or requiring a
15school board and its certified bargaining representative to
16negotiate various matters pursuant to Code chapter 20.
17The division makes additional conforming changes.
18EFFECTIVE DATE AND APPLICABILITY PROVISIONS. The division
19takes effect upon enactment.
20The division applies to employment contracts of school
21employees entered into pursuant to Code chapter 279 on and
22after the effective date of the division. The division does
23not apply to collective bargaining agreements pursuant to Code
24chapter 20 which have been ratified in a ratification election,
25for which an arbitrator has made a final determination, or
26which have become effective, where such events occurred before
27the effective date of the division. The division applies to
28all collective bargaining procedures provided for in Code
29chapter 20 occurring on and after the effective date of the
30division and collective bargaining agreements pursuant to Code
31chapter 20 for which a ratification election is held, for which
32an arbitrator makes a final determination, or which, unless
33otherwise provided in the division, become effective on or
34after the effective date of the division.
35DIVISION III — PERSONNEL RECORDS AND SETTLEMENT AGREEMENTS.
-63-1 This division makes changes relating to public employee
2personnel records and settlement agreements.
3PERSONNEL RECORDS. The division amends Code section 22.7,
4subsection 11, governing personal information in confidential
5personnel records of government bodies. Code section 22.7,
6subsection 11, generally provides that personal information in
7confidential personnel records of government bodies relating
8to identified or identifiable individuals who are officials,
9officers, or employees of the government bodies is considered
10a confidential record. Code section 22.7, subsection 11,
11paragraph “a”, subparagraph (5), provides that certain
12information relating to such individuals contained in personnel
13records shall be a public record. Under current law, the fact
14that an individual was discharged as the result of a final
15disciplinary action upon the exhaustion of all applicable
16contractual, legal, and statutory remedies is a public record.
17Under the division, the fact that, as the result of a
18disciplinary action, an individual resigned in lieu of
19termination, was discharged, or was demoted is a public record.
20The division strikes requirements that such disciplinary
21action be final and that all applicable contractual, legal,
22and statutory remedies be exhausted. The division defines
23“demoted” and “demotion” as a change of an employee from
24a position in a given classification to a position in a
25classification having a lower pay grade. This provision
26applies to all such information relating to resignation in
27lieu of termination, discharge, or demotion placed in an
28individual’s personnel records on or after the effective date
29of the division.
30The division requires a government body that takes
31disciplinary action against an employee that may result in
32information described in the division being placed in the
33employee’s personnel record, prior to taking such disciplinary
34action, to notify the employee in writing that the information
35placed in the employee’s personnel file as a result of the
-64-1disciplinary action may become a public record.
2PERSONNEL SETTLEMENT AGREEMENTS. The division provides that
3personnel settlement agreements between the state and a state
4employee shall not contain any confidentiality or nondisclosure
5provisions that attempt to prevent the disclosure of the
6personnel settlement agreement. The division provides that
7any confidentiality or nondisclosure provision in a personnel
8settlement agreement is not enforceable. The division provides
9that the requirements of the division shall not be superseded
10by any collective bargaining agreement. The division provides
11that personnel settlements shall be made available to the
12public on an internet site. The division provides that the
13internet site be maintained by the department of administrative
14services or board of regents, as applicable, based on the
15employee covered. The requirements of the division are
16applicable to employees of the executive branch of government.
17The division prohibits a state agency from entering into a
18personnel settlement agreement with a state employee on behalf
19of the state unless the personnel settlement agreement is first
20reviewed by certain state officials specified in the division.
21The division defines a “personnel settlement agreement” as a
22binding legal agreement between a state employee and the state
23employee’s employer, subject to Code section 22.13 relating to
24settlement agreements as public records, to resolve a personnel
25dispute including but not limited to a grievance. A “personnel
26settlement agreement” does not include an initial decision
27by an employee’s employer concerning a personnel dispute or
28grievance.
29EFFECTIVE DATE. The division takes effect upon enactment.
30DIVISION IV — CITY CIVIL SERVICE REQUIREMENTS. This
31division makes a variety of changes relating to city civil
32service requirements under Code chapter 400.
33SENIORITY RIGHTS. The division provides that Code section
34400.12, which currently establishes seniority rights in
35employment for all city civil service employees, applies only
-65-1to city civil service employees employed or appointed as fire
2fighters or police officers, fire chiefs or police chiefs, or
3assistant fire chiefs or assistant police chiefs. The division
4provides that seniority rights under Code section 400.12
5shall not be applicable to a civil service employee unless
6the employee is employed or appointed as a fire fighter or
7police officer, fire chief or police chief, or assistant fire
8chief or assistant police chief. The division provides that
9seniority rights under Code section 400.12 shall only accrue
10during employment or appointment as a fire fighter or police
11officer, fire chief or police chief, or assistant fire chief
12or assistant police chief. On and after the effective date
13of the division, any seniority rights of city civil service
14employees, including but not limited to seniority accrued,
15provided pursuant to Code section 400.12, Code 2017, that are
16not also provided pursuant to Code section 400.12, as amended
17by the division, are extinguished.
18ADVERSE EMPLOYMENT ACTIONS — GROUNDS AND PROCEDURES. The
19division makes changes relating to adverse employment actions
20taken against city civil service employees. Current law
21provides that adverse employment action may be taken against
22an employee by the employee’s appointing authority, police
23chief, or fire chief, as applicable, for neglect of duty,
24disobedience, misconduct, or failure to properly perform the
25employee’s duties after a hearing before the city civil service
26commission.
27The division instead provides that such action may be
28taken against an employee due to any act or failure to act by
29the employee that is in contravention of law, city policies,
30or standard operating procedures, or that in the judgment
31of the appointing authority, police chief, or fire chief is
32sufficient to show that the employee is unsuitable or unfit for
33employment.
34The division requires an appointing authority, police
35chief, or fire chief taking such action to present the grounds
-66-1for such action to the employee in writing. The division
2permits an employee subject to adverse employment action to
3request a hearing before the civil service commission to review
4the appointing authority’s, police chief’s, or fire chief’s
5decision. The division provides that, in such a hearing, the
6city shall have the burden to prove that the act or failure to
7act by the employee was in contravention of law, city policies,
8or standard operating procedures, or is sufficient to show
9that the employee is unsuitable or unfit for employment. The
10division provides that a collective bargaining agreement to
11which a bargaining unit that has a majority of members who are
12public safety employees as defined in Code section 20.3 is a
13party shall provide additional procedures not inconsistent with
14the division for the implementation of these requirements.
15APPEAL OF CERTAIN CITY CIVIL SERVICE COMMISSION DECISIONS.
16 The division strikes language in Code section 400.27 permitting
17a city or any civil service employee to appeal a final ruling
18or decision of a city civil service commission involving the
19rights of civil service employees under Code chapter 400 to a
20district court and providing procedures for such appeals.
21DIMINUTION OF EMPLOYEES. The division modifies Code
22section 400.28, which permits a city council to carry out
23certain procedures to implement a diminution of employees in
24a classification or grade under civil service when the public
25interest requires. The division permits a city council to
26implement a diminution of employees in a classification or
27grade under civil service and strikes procedural requirements
28for such diminutions. The division provides that such
29a diminution shall be carried out in accordance with any
30procedures provided in a collective bargaining agreement to
31which a bargaining unit that has a majority of members who are
32public safety employees as defined in Code section 20.3 is a
33party, if applicable.
34MISCELLANEOUS PROVISIONS. The division generally
35standardizes terminology relating to adverse employment
-67-1actions in Code chapter 400. The division generally provides
2that language referring to removal, discharge, demotion, or
3suspension from employment as a city civil service employee
4refers to all four terms.
5The division makes additional conforming changes.
6EFFECTIVE DATE. The division takes effect upon enactment.
7DIVISION V — HEALTH INSURANCE MATTERS. This division makes
8changes relating to public employee health insurance.
9HEALTH INSURANCE — OFFER REQUIRED. The division requires
10a public employer to offer health insurance to all public
11employees employed by the public employer. The division
12provides that all costs of such health insurance shall
13be determined as otherwise provided by law. The division
14defines “public employer” as the state of Iowa, its boards,
15commissions, agencies, departments, and its political
16subdivisions including school districts and other special
17purpose districts. The division defines “public employee”
18as any individual employed by a public employer, with the
19exclusions enumerated in Code section 20.4.
20ENROLLMENT AND CHANGE PERIOD. The division permits a 30-day
21enrollment and change period for health insurance coverage
22to be established and administered for any employees of the
23state of Iowa, the state board of regents, or an institution
24governed by the state board of regents eligible to participate
25in a health insurance plan offered by the state, state board,
26or institution pursuant to Code chapter 509A, if the affected
27employees are provided written notice of the period at least 30
28days before the beginning of the period and if the first day of
29the period occurs in calendar year 2017.
30The division takes effect upon enactment.
-68-je/rj
2employees including collective bargaining, educator
3employment matters, personnel records and settlement
4agreements, city civil service requirements, and health
5insurance matters, making penalties applicable, and
6including effective date, applicability, and transition
7provisions.
8BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2Public employee collective bargaining
3 Section 1. Section 20.3, Code 2017, is amended by adding the
4following new subsections:
5 NEW SUBSECTION. 10A. “Public safety employee” means a
6public employee who is employed as one of the following:
7a. A sheriff or a sheriff’s regular deputy.
8b. A marshal or police officer of a city, township, or
9special-purpose district or authority who is a member of a paid
10police department.
11c. A member, except a non-peace officer member, of the
12division of state patrol, narcotics enforcement, state fire
13marshal, or criminal investigation, including but not limited
14to a gaming enforcement officer, who has been duly appointed
15by the department of public safety in accordance with section
1680.15.
17d. A conservation officer or park ranger as authorized by
18section 456A.13.
19e. A permanent or full-time fire fighter of a city,
20township, or special-purpose district or authority who is a
21member of a paid fire department.
22 NEW SUBSECTION. 12. “Supplemental pay” means a payment
23of moneys or other thing of value that is in addition to
24compensation received pursuant to any other permitted subject
25of negotiation specified in section 20.9 and is related to the
26employment relationship.
27 Sec. 2. Section 20.6, subsection 1, Code 2017, is amended
28to read as follows:
291. Interpret, apply, and administer Administer the
30provisions of this chapter.
31 Sec. 3. Section 20.6, Code 2017, is amended by adding the
32following new subsections:
33 NEW SUBSECTION. 6. Appoint a certified shorthand reporter
34to report state employee grievance and discipline resolution
35proceedings pursuant to section 8A.415 and fix a reasonable
-1-1amount of compensation for such service and for any transcript
2requested by the board, which amounts shall be taxed as other
3costs.
4 NEW SUBSECTION. 7. Contract with a vendor as the board may
5deem necessary to conduct elections required by section 20.15
6on behalf of the board. The board shall establish fees by rule
7pursuant to chapter 17A to cover the cost of elections required
8by section 20.15. Such fees shall be paid in advance of an
9election and shall be paid by each employee organization listed
10on the ballot.
11 Sec. 4. Section 20.7, subsections 2 and 3, Code 2017, are
12amended to read as follows:
132. Hire, evaluate, promote, demote, transfer, assign and
14retain public employees in positions within the public agency.
153. Suspend or discharge public employees for proper cause.
16 Sec. 5. Section 20.8, Code 2017, is amended by adding the
17following new subsection:
18 NEW SUBSECTION. 5. Exercise any right or seek any remedy
19provided by law, including but not limited to those rights and
20remedies available under sections 70A.28 and 70A.29, chapter
218A, subchapter IV, and chapters 216 and 400.
22 Sec. 6. Section 20.9, Code 2017, is amended to read as
23follows:
2420.9 Scope of negotiations.
251. The For negotiations regarding a bargaining unit with
26a majority of members who are public safety employees, the
27 public employer and the employee organization shall meet at
28reasonable times, including meetings reasonably in advance of
29the public employer’s budget-making process, to negotiate in
30good faith with respect to wages, hours, vacations, insurance,
31holidays, leaves of absence, shift differentials, overtime
32compensation, supplemental pay, seniority, transfer procedures,
33job classifications, health and safety matters, evaluation
34procedures, procedures for staff reduction, in-service
35training, grievance procedures for resolving any questions
-2-1arising under the agreement, and other matters mutually agreed
2upon. Negotiations shall also include terms authorizing
3dues checkoff for members of the employee organization and
4grievance procedures for resolving any questions arising under
5the agreement, which shall be embodied in a written agreement
6and signed by the parties. If an agreement provides for dues
7checkoff, a member’s dues may be checked off only upon the
8member’s written request and the member may terminate the dues
9checkoff at any time by giving thirty days’ written notice.
10For negotiations regarding a bargaining unit that does not
11have a majority of members who are public safety employees,
12the public employer and the employee organization shall meet
13at reasonable times, including meetings reasonably in advance
14of the public employer’s budget-making process, to negotiate
15in good faith with respect to base wages and other matters
16mutually agreed upon. Such obligation to negotiate in good
17faith does not compel either party to agree to a proposal
18or make a concession. Mandatory subjects of negotiation
19specified in this subsection shall be interpreted narrowly and
20restrictively.
212. Nothing in this section shall diminish the authority
22and power of the department of administrative services, board
23of regents’ merit system, Iowa public broadcasting board’s
24merit system, or any civil service commission established by
25constitutional provision, statute, charter, or special act to
26recruit employees, prepare, conduct, and grade examinations,
27rate candidates in order of their relative scores for
28certification for appointment or promotion or for other matters
29of classification, reclassification, or appeal rights in the
30classified service of the public employer served.
313. All retirement systems, dues checkoffs, and other
32payroll deductions for political action committees or other
33political contributions or political activities shall be
34excluded from the scope of negotiations. For negotiations
35regarding a bargaining unit that does not have a majority of
-3-1members who are public safety employees, insurance, leaves of
2absence for political activities, supplemental pay, transfer
3procedures, evaluation procedures, procedures for staff
4reduction, release time, subcontracting public services,
5grievance procedures for resolving any questions arising under
6the agreement, and seniority and any wage increase, employment
7benefit, or other employment advantage based on seniority shall
8also be excluded from the scope of negotiations.
94. The term of a contract entered into pursuant to this
10chapter shall not exceed five years.
11 Sec. 7. Section 20.10, subsection 3, Code 2017, is amended
12by adding the following new paragraph:
13 NEW PARAGRAPH. j. Negotiate or attempt to negotiate
14directly with a member of the governing board of a public
15employer if the public employer has appointed or authorized
16a bargaining representative for the purpose of bargaining
17with the public employees or their representative, unless the
18member of the governing board is the designated bargaining
19representative of the public employer.
20 Sec. 8. Section 20.12, subsection 5, Code 2017, is amended
21to read as follows:
225. If an employee organization or any of its officers
23is held to be in contempt of court for failure to comply
24with an injunction pursuant to this section, or is convicted
25of violating this section, the employee organization shall
26be immediately decertified, shall cease to represent the
27bargaining unit, shall cease to receive any dues by checkoff,
28 and may again be certified only after twelve twenty-four months
29have elapsed from the effective date of decertification and
30only after if a new compliance with petition for certification
31pursuant to section 20.14 is filed and a new certification
32election pursuant to section 20.15 is held. The penalties
33provided in this section may be suspended or modified by the
34court, but only upon request of the public employer and only
35if the court determines the suspension or modification is in
-4-1the public interest.
2 Sec. 9. Section 20.15, Code 2017, is amended to read as
3follows:
420.15 Elections — agreements with the state.
51. Initial certification elections.
6a. Upon the filing of a petition for certification of an
7employee organization, the board shall submit a question to
8the public employees at an election in the bargaining unit
9found appropriate by the board. The question on the ballot
10shall permit the public employees to vote for no bargaining
11representation or for any employee organization which has
12petitioned for certification or which has presented proof
13satisfactory to the board of support of ten thirty percent or
14more of the public employees in the appropriate unit.
152. b. (1) If a majority of the votes cast on the
16question is public employees in the bargaining unit vote for
17no bargaining representation, the public employees in the
18bargaining unit found appropriate by the board shall not be
19represented by an employee organization.
20(2) If a majority of the votes cast on the question is
21 public employees in the bargaining unit vote for a listed
22employee organization, then that employee organization shall
23represent the public employees in the bargaining unit found
24appropriate by the board.
253. (3) If none of the choices on the ballot receive the
26vote of a majority of the public employees voting in the
27bargaining unit, the board shall conduct a runoff election
28among the two choices receiving the greatest number of votes
29 the public employees in the bargaining unit found appropriate
30by the board shall not be represented by an employee
31organization.
32c. The board shall not consider a petition for certification
33of an employee organization as the exclusive representative
34of a bargaining unit unless a period of two years has
35elapsed from the date of the last certification election
-5-1in which an employee organization was not certified as the
2exclusive representative of that bargaining unit, of the
3last retention and recertification election in which an
4employee organization was not retained and recertified as the
5exclusive representative of that bargaining unit, or of the
6last decertification election in which an employee organization
7was decertified as the exclusive representative of that
8bargaining unit. The board shall also not consider a petition
9for certification as the exclusive bargaining representative
10of a bargaining unit if the bargaining unit is at that time
11represented by a certified exclusive bargaining representative.
122. Retention and recertification elections.
13a. The board shall conduct an election to retain and
14recertify the bargaining representative of a bargaining unit
15prior to the expiration of the bargaining unit’s collective
16bargaining agreement. The question on the ballot shall be
17whether the bargaining representative of the public employees
18in the bargaining unit shall be retained and recertified as
19the bargaining representative of the public employees in the
20bargaining unit. For collective bargaining agreements with a
21June 30 expiration date, the election shall occur between June
221 and November 1, both dates included, in the year prior to
23that expiration date. For collective bargaining agreements
24with a different expiration date, the election shall occur
25between three hundred sixty-five and two hundred seventy days
26prior to the expiration date.
27b. (1) If a majority of the public employees in
28the bargaining unit vote to retain and recertify the
29representative, the board shall retain and recertify the
30bargaining representative and the bargaining representative
31shall continue to represent the public employees in the
32bargaining unit.
33(2) If a majority of the public employees in the bargaining
34unit do not vote to retain and recertify the representative,
35the board, after the period for filing written objections
-6-1pursuant to subsection 4 has elapsed, shall immediately
2decertify the representative and the public employees shall
3not be represented by an employee organization except pursuant
4to the filing of a subsequent petition for certification of
5an employee organization as provided in section 20.14 and an
6election conducted pursuant to such petition. Such written
7objections and decertifications shall be subject to applicable
8administrative and judicial review.
93. Decertification elections.
10a. Upon the filing of a petition for decertification of an
11employee organization, the board shall submit a question to the
12public employees at an election in the bargaining unit found
13appropriate by the board. The question on the ballot shall be
14whether the bargaining representative of the public employees
15in the bargaining unit shall be decertified as the bargaining
16representative of public employees in the bargaining unit.
17b. (1) If a majority of the public employees in
18the bargaining unit vote to decertify the bargaining
19representative, the board, after the period for filing
20written objections pursuant to subsection 4 has elapsed,
21shall immediately decertify the representative and the public
22employees shall not be represented by an employee organization
23except pursuant to the filing of a subsequent petition for
24certification of an employee organization as provided in
25section 20.14 and an election conducted pursuant to such
26petition. Such written objections and decertifications shall
27be subject to applicable administrative and judicial review.
28(2) If a majority of the public employees in the bargaining
29unit do not vote to decertify the bargaining representative,
30the bargaining representative shall continue to represent the
31public employees in the bargaining unit.
32c. The board shall not consider a petition for
33decertification of an employee organization unless a
34bargaining unit’s collective bargaining agreement exceeds
35two years in length. The board shall not schedule a
-7-1decertification election for a bargaining unit within one
2year of a prior certification, retention and recertification,
3or decertification election involving the bargaining unit.
4Unless otherwise prohibited by this paragraph, the board shall
5schedule a decertification election not less than one hundred
6fifty days before the expiration date of the bargaining unit’s
7collective bargaining agreement.
84. Invalidation of elections. Upon written objections
9filed by any party to public employee, public employer, or
10employee organization involved in the election within ten days
11after notice of the results of the election, if the board
12finds that misconduct or other circumstances prevented the
13public employees eligible to vote from freely expressing their
14preferences, the board may invalidate the election and hold a
15second election for the public employees.
165. Results certified. Upon completion of a valid election
17in which the majority choice of the public employees voting in
18the bargaining unit is determined, the board shall certify the
19results of the election and shall give reasonable notice of the
20order to all employee organizations listed on the ballot, the
21public employers, and the public employees in the appropriate
22bargaining unit.
236. State agreements. a. A petition for certification as
24exclusive bargaining representative of a bargaining unit shall
25not be considered by the board for a period of one year from
26the date of the noncertification of an employee organization
27as the exclusive bargaining representative of that bargaining
28unit following a certification election. A petition for
29certification as the exclusive bargaining representative of a
30bargaining unit shall also not be considered by the board if
31the bargaining unit is at that time represented by a certified
32exclusive bargaining representative.
33b. A petition for the decertification of the exclusive
34bargaining representative of a bargaining unit shall not be
35considered by the board for a period of one year from the date
-8-1of its certification, or within one year of its continued
2certification following a decertification election, or during
3the duration of a collective bargaining agreement which, for
4purposes of this section, shall be deemed not to exceed two
5years. However, if a petition for decertification is filed
6during the duration of a collective bargaining agreement, the
7board shall award an election under this section not more than
8one hundred eighty days and not less than one hundred fifty
9days prior to the expiration of the collective bargaining
10agreement. If an employee organization is decertified, the
11board may receive petitions under section 20.14, provided that
12no such petition and no election conducted pursuant to such
13petition within one year from decertification shall include as
14a party the decertified employee organization.
15c. A collective bargaining agreement with the state, its
16boards, commissions, departments, and agencies shall be for
17two years. and the The provisions of a collective bargaining
18agreement or arbitrator’s award affecting state employees
19shall not provide for renegotiations which would require the
20refinancing of salary and fringe benefits subjects within the
21scope of negotiations under section 20.9 for the second year
22of the term of the agreement, except as provided in section
2320.17, subsection 6, and the. The effective date of any such
24agreement shall be July 1 of odd-numbered years, provided
25that if an exclusive bargaining representative is certified
26on a date which will prevent the negotiation of a collective
27bargaining agreement prior to July 1 of odd-numbered years for
28a period of two years, the certified collective bargaining
29representative may negotiate a one-year contract with the
30public employer which shall be effective from July 1 of the
31even-numbered year to July 1 of the succeeding odd-numbered
32year when new contracts agreements shall become effective.
33 Sec. 10. Section 20.17, subsection 8, Code 2017, is amended
34to read as follows:
358. a. The salaries of all public employees of the state
-9-1under a merit system and all other fringe benefits which are
2granted to all subjects within the scope of negotiations
3pursuant to the provisions of section 20.9 regarding public
4employees of the state shall be negotiated with the governor
5or the governor’s designee on a statewide basis, except those
6benefits which are not subject to subjects excluded from the
7scope of negotiations pursuant to the provisions of section
820.9, subsection 3.
9b. For the negotiation of such a proposed, statewide
10collective bargaining agreement to become effective in the year
11following an election described in section 39.9, a ratification
12election referred to in section 20.17, subsection 4, shall
13not be held, and the parties shall not request arbitration as
14provided in section 20.22, subsection 1, until at least two
15weeks after the date of the beginning of the term of office of
16the governor in that year as prescribed in the Constitution
17of the State of Iowa. On or after the beginning of the term
18of office of the governor in that year as prescribed in the
19Constitution of the State of Iowa, the governor shall have
20the authority to reject such a proposed statewide collective
21bargaining agreement. If the governor does so, the parties
22shall commence collective bargaining in accordance with section
2320.17. Such negotiation shall be complete not later than
24March 15 of that year, unless the parties mutually agree to
25a different deadline. The board shall adopt rules pursuant
26to chapter 17A providing for alternative deadlines for the
27completion of the procedures provided in sections 20.17, 20.19,
2820.20, and 20.22 for negotiation of such statewide collective
29bargaining agreements in such years, which deadlines may be
30waived by mutual agreement of the parties.
31 Sec. 11. Section 20.17, subsection 9, Code 2017, is amended
32by striking the subsection.
33 Sec. 12. Section 20.18, subsection 1, Code 2017, is amended
34to read as follows:
351. An agreement with an employee organization which
-10-1is the exclusive representative of public employees in an
2appropriate unit with a majority of members who are public
3safety employees may provide procedures for the consideration
4of public employee and employee organization grievances over
5the interpretation and application of agreements. Negotiated
6 Such negotiated procedures may provide for binding arbitration
7of public employee and employee organization grievances over
8the interpretation and application of existing agreements. An
9arbitrator’s decision on a grievance may shall not change or
10amend the terms, conditions, or applications of the collective
11bargaining agreement. Such procedures shall provide for the
12invoking of arbitration only with the approval of the employee
13organization in all instances, and in the case of an employee
14grievance, only with the additional approval of the public
15employee. The costs of arbitration shall be shared equally by
16the parties.
17 Sec. 13. Section 20.22, subsections 2, 3, 7, 8, and 9, Code
182017, are amended to read as follows:
192. Each party shall serve its final offer on each of
20the impasse items upon the other party within four days of
21the board’s receipt of the request for arbitration, or by a
22deadline otherwise agreed upon by the parties. The parties may
23continue to negotiate all offers until an agreement is reached
24or an award is rendered by the arbitrator. The full costs of
25arbitration under this section shall be shared equally by the
26parties to the dispute.
273. The submission of the impasse items to the arbitrator
28shall be limited to those items upon which the parties have
29not reached agreement. With respect to each such item, the
30arbitrator’s award shall be restricted to the final offers on
31each impasse item submitted by the parties to the arbitrator,
32except as provided in subsection 9, paragraph “b”.
337. The For an arbitration to which a bargaining unit that
34has a majority of members who are public safety employees is a
35party, the arbitrator shall consider and specifically address
-11-1in the arbitrator’s decision, in addition to any other relevant
2factors, the following factors:
3a. Past collective bargaining contracts between the parties
4including the bargaining that led up to such contracts.
5b. Comparison of wages, hours and conditions of employment
6of the involved public employees with those of other public
7employees doing comparable work, giving consideration to
8factors peculiar to the area and the classifications involved.
9c. The interests and welfare of the public, the ability of
10the public employer to finance economic adjustments and the
11effect of such adjustments on the normal standard of services.
12d. The power of the public employer to levy taxes and
13appropriate funds for the conduct of its operations.
148. a. The arbitrator may administer oaths, examine
15witnesses and documents, take testimony and receive evidence,
16and issue subpoenas to compel the attendance of witnesses and
17the production of records. The arbitrator may petition the
18district court at the seat of government or of the county
19in which the hearing is held to enforce the order of the
20arbitrator compelling the attendance of witnesses and the
21production of records.
22b. The parties shall not introduce, and the arbitrator
23shall not accept or consider, any direct or indirect evidence
24regarding any subject excluded from negotiations pursuant to
25section 20.9.
269. a. The arbitrator shall select within fifteen days after
27the hearing the most reasonable offer, in the arbitrator’s
28judgment, of the final offers on each impasse item submitted
29by the parties.
30b. (1) However, for an arbitration to which a bargaining
31unit that does not have a majority of members who are public
32safety employees is a party, with respect to any increase in
33base wages, the arbitrator’s award shall not exceed the lesser
34of the following percentages in any one-year period in the
35duration of the bargaining agreement:
-12- 1(a) Three percent.
2(b) A percentage equal to the increase in the consumer
3price index for all urban consumers for the midwest region,
4if any, as determined by the United States department of
5labor, bureau of labor statistics, or a successor index. Such
6percentage shall be the change in the consumer price index
7for the twelve-month period beginning eighteen months prior
8to the month in which the impasse item regarding base wages
9was submitted to the arbitrator and ending six months prior to
10the month in which the impasse item regarding base wages was
11submitted to the arbitrator.
12(2) To assist the parties in the preparation of their final
13offers on an impasse item regarding base wages, the board
14shall provide information to the parties regarding the change
15in the consumer price index for all urban consumers for the
16midwest region for any twelve-month period. The department of
17workforce development shall assist the board in preparing such
18information upon request.
19 Sec. 14. Section 20.22, Code 2017, is amended by adding the
20following new subsection:
21 NEW SUBSECTION. 7A. For an arbitration to which a
22bargaining unit that does not have a majority of members who
23are public safety employees is a party, the following shall
24apply:
25a. The arbitrator shall consider and specifically address
26in the arbitrator’s determination, in addition to any other
27relevant factors, the following factors:
28(1) Comparison of base wages, hours, and conditions of
29employment of the involved public employees with those of other
30public employees doing comparable work, giving consideration to
31factors peculiar to the area and the classifications involved.
32To the extent adequate, applicable data is available,
33the arbitrator shall also compare base wages, hours, and
34conditions of employment of the involved public employees
35with those of private sector employees doing comparable work,
-13-1giving consideration to factors peculiar to the area and the
2classifications involved.
3(2) The interests and welfare of the public.
4(3) The financial ability of the employer to meet the cost
5of an offer in light of the current economic conditions of the
6public employer. The arbitrator shall give substantial weight
7to evidence that the public employer’s authority to utilize
8funds is restricted to special purposes or circumstances
9by state or federal law, rules, regulations, or grant
10requirements.
11b. The arbitrator shall not consider the following factors:
12(1) Past collective bargaining agreements between the
13parties or bargaining that led to such agreements.
14(2) The public employer’s ability to fund an award through
15the increase or imposition of new taxes, fees, or charges, or
16to develop other sources of revenues.
17 Sec. 15. Section 20.26, unnumbered paragraph 4, Code 2017,
18is amended to read as follows:
19Nothing in this section shall be construed to prohibit
20voluntary contributions by individuals to political parties
21or candidates, provided that such contributions are not made
22through payroll deductions.
23 Sec. 16. Section 20.29, Code 2017, is amended to read as
24follows:
2520.29 Filing agreement — public access — internet site.
261. Copies of collective bargaining agreements entered
27into between the state and the state employees’ bargaining
28representatives and made final under this chapter shall be
29filed with the secretary of state and be made available to the
30public at cost.
312. The board shall maintain an internet site that allows
32searchable access to a database of collective bargaining
33agreements and other collective bargaining information.
34 Sec. 17. Section 20.30, Code 2017, is amended by striking
35the section and inserting in lieu thereof the following:
-14- 120.30 Supervisory member — no reduction before retirement.
2A supervisory member of any department or agency employed by
3the state of Iowa shall not be granted a voluntary reduction
4to a nonsupervisory rank or grade during the thirty-six
5months preceding retirement of the member. A member of any
6department or agency employed by the state of Iowa who retires
7in less than thirty-six months after voluntarily requesting and
8receiving a reduction in rank or grade from a supervisory to a
9nonsupervisory position shall be ineligible for a benefit to
10which the member is entitled as a nonsupervisory member but is
11not entitled as a supervisory member.
12 Sec. 18. Section 20.31, subsection 2, unnumbered paragraph
131, Code 2017, is amended to read as follows:
14A mediator shall not be required to testify in any judicial,
15administrative, arbitration, or grievance proceeding regarding
16any matters occurring in the course of a mediation, including
17any verbal or written communication or behavior, other than
18facts relating exclusively to the timing or scheduling of
19mediation. A mediator shall not be required to produce or
20disclose any documents, including notes, memoranda, or other
21work product, relating to mediation, other than documents
22relating exclusively to the timing or scheduling of mediation.
23This subsection shall not apply in any of the following
24circumstances:
25 Sec. 19. Section 22.7, subsection 69, Code 2017, is amended
26to read as follows:
2769. The evidence of public employee support for
28the certification, retention and recertification, or
29decertification of an employee organization as defined in
30section 20.3 that is submitted to the public employment
31relations board as provided in sections section 20.14 and or
32 20.15.
33 Sec. 20. Section 22.7, Code 2017, is amended by adding the
34following new subsection:
35 NEW SUBSECTION. 70. Information indicating whether
-15-1a public employee voted in a certification, retention and
2recertification, or decertification election held pursuant to
3section 20.15 or how the employee voted on any question on a
4ballot in such an election.
5 Sec. 21. Section 70A.17A, subsection 3, Code 2017, is
6amended by striking the subsection.
7 Sec. 22. Section 70A.19, Code 2017, is amended by striking
8the section and inserting in lieu thereof the following:
970A.19 Payroll deduction for employee organization dues
10prohibited.
11The state, a state agency, a regents institution, a board of
12directors of a school district, a community college, or an area
13education agency, a county board of supervisors, a governing
14body of a city, or any other public employer as defined in
15section 20.3 shall not authorize or administer a deduction from
16the salaries or wages of its employees for membership dues to
17an employee organization as defined in section 20.3.
18 Sec. 23. Section 412.2, subsection 1, Code 2017, is amended
19to read as follows:
201. From the proceeds of the assessments on the wages
21and salaries of employees, of any such waterworks system,
22or other municipally owned and operated public utility,
23eligible to receive the benefits thereof. Notwithstanding
24any provisions of section 20.9 to the contrary, a council,
25board of waterworks, or other board or commission which
26establishes a pension and annuity retirement system pursuant to
27this chapter, shall negotiate in good faith with a certified
28employee organization as defined in section 20.3, which is the
29collective bargaining representative of the employees, with
30respect to the amount or rate of the assessment on the wages
31and salaries of employees and the method or methods for payment
32of the assessment by the employees.
33 Sec. 24. Section 602.1401, subsection 3, paragraph b, Code
342017, is amended to read as follows:
35b. For purposes of chapter 20, the certified representative,
-16-1which on July 1, 1983, represents employees who become judicial
2branch employees as a result of 1983 Iowa Acts, ch.186, shall
3remain the certified representative when the employees become
4judicial branch employees and thereafter, unless the public
5employee organization is not retained and recertified or is
6 decertified in an election held under section 20.15 or amended
7or absorbed into another certified organization pursuant to
8chapter 20. Collective bargaining negotiations shall be
9conducted on a statewide basis and the certified employee
10organizations which engage in bargaining shall negotiate on a
11statewide basis, although bargaining units shall be organized
12by judicial district. The public employment relations board
13shall adopt rules pursuant to chapter 17A to implement this
14subsection.
15 Sec. 25. TRANSITION PROCEDURES — EMERGENCY RULES.
161. As of the effective date of this division of this Act,
17parties, mediators, and arbitrators engaging in any collective
18bargaining procedures provided for in chapter 20, Code 2017,
19who have not, before the effective date of this division
20of this Act, completed such procedures, shall immediately
21terminate any such procedures in process. A collective
22bargaining agreement negotiated pursuant to such procedures in
23process shall not become effective. Parties, mediators, and
24arbitrators shall not engage in further collective bargaining
25procedures except as provided in this section. Such parties,
26on or after the effective date of this division of this Act,
27may commence collective bargaining in accordance with section
2820.17, as amended in this division of this Act. If such
29parties include a state public employer and a state employee
30organization, negotiation of a proposed collective bargaining
31agreement to become effective during the remainder of calendar
32year 2017 shall be complete not later than March 15, 2017,
33unless the parties mutually agree to a different deadline.
34If such parties include public employees represented by a
35certified employee organization who are employed by a public
-17-1employer which is a school district, area education agency,
2or community college, negotiation of a proposed collective
3bargaining agreement to become effective during the remainder
4of calendar year 2017 shall be complete not later than June
530, 2017, unless the parties mutually agree to a different
6deadline.
72. The public employment relations board shall adopt
8emergency rules under section 17A.4, subsection 3, and section
917A.5, subsection 2, paragraph “b”, to provide for procedures
10as deemed necessary to implement the provisions of this section
11and the rules shall be effective immediately upon filing
12unless a later date is specified in the rules. Such rules
13shall include but are not limited to alternative deadlines for
14completion of the procedures provided in sections 20.17 and
1520.22, as amended by this division of this Act, and sections
1620.19 and 20.20, which deadlines may be waived by mutual
17agreement of the parties.
18 Sec. 26. EFFECTIVE UPON ENACTMENT. This division of this
19Act, being deemed of immediate importance, takes effect upon
20enactment.
21 Sec. 27. APPLICABILITY.
221. With the exception of the section of this division of
23this Act amending section 20.6, subsection 1, this division of
24this Act does not apply to collective bargaining agreements
25which have been ratified in a ratification election referred
26to in section 20.17, subsection 4, for which an arbitrator
27has made a final determination as described in section 20.22,
28subsection 11, or which have become effective, where such
29events occurred before the effective date of this division of
30this Act. This division of this Act applies to all collective
31bargaining procedures provided for in chapter 20 occurring
32on and after the effective date of this division of this Act
33and collective bargaining agreements for which a ratification
34election referred to in section 20.17, subsection 4, is
35held, for which an arbitrator makes a final determination as
-18-1described in section 20.22, subsection 11, or which, unless
2otherwise provided in this section, become effective on or
3after the effective date of this division of this Act.
42. The provision of this division of this Act amending
5section 70A.19 does not apply to dues deductions required by
6collective bargaining agreements which have been ratified in a
7ratification election referred to in section 20.17, subsection
84, for which an arbitrator has made a final determination as
9described in section 20.22, subsection 11, or which have become
10effective, where such events occurred before the effective date
11of this division of this Act.
123. Section 20.15, subsection 2, as enacted by this division
13of this Act, does not apply to collective bargaining agreements
14with expiration dates occurring before April 1, 2018.
15DIVISION II
16EDUCATOR employment matters
17 Sec. 28. Section 279.13, subsections 2 and 5, Code 2017, are
18amended to read as follows:
192. The contract shall remain in force and effect for the
20period stated in the contract and shall be automatically
21continued for equivalent periods except as modified or
22terminated by mutual agreement of the board of directors and
23the teacher or as modified or terminated in accordance with
24the provisions specified in this chapter. A contract shall
25not be offered by the employing board to a teacher under its
26jurisdiction prior to March 15 of any year. A teacher who has
27not accepted a contract for the ensuing school year tendered
28by the employing board may resign effective at the end of the
29current school year by filing a written resignation with the
30secretary of the board. The resignation must be filed not
31later than the last day of the current school year or the date
32specified by the employing board for return of the contract,
33whichever date occurs first. However, a teacher shall not be
34required to return a contract to the board or to resign less
35than twenty-one days after the contract has been offered.
-19- 15. Notwithstanding the other provisions of this section, a
2temporary contract may be issued to a teacher for a period of
3up to six months. Notwithstanding the other provisions of this
4section, a temporary contract may also be issued to a teacher
5 to fill a vacancy created by a leave of absence in accordance
6with the provisions of section 29A.28, which contract shall
7automatically terminate upon return from military leave of the
8former incumbent of the teaching position and which contract.
9Temporary contacts shall not be subject to the provisions of
10sections 279.15 through 279.19, or section 279.27. A separate
11extracurricular contract issued pursuant to section 279.19A to
12a person issued a temporary contract under this section shall
13automatically terminate with the termination of the temporary
14contract as required under section 279.19A, subsection 8.
15 Sec. 29. Section 279.13, subsection 4, unnumbered paragraph
161, Code 2017, is amended to read as follows:
17For purposes of this section, sections 279.14, 279.15
18through 279.17, 279.16, 279.19, and 279.27, unless the context
19otherwise requires, “teacher” includes the following individuals
20employed by a community college:
21 Sec. 30. Section 279.14, Code 2017, is amended to read as
22follows:
23279.14 Evaluation criteria and procedures.
241. The board shall establish evaluation criteria and shall
25implement evaluation procedures. If an exclusive bargaining
26representative has been certified, the board shall negotiate
27in good faith with respect to evaluation procedures pursuant
28to chapter 20.
292. The determination of standards of performance expected
30of school district personnel shall be reserved as an exclusive
31management right of the school board and shall not be subject
32to mandatory negotiations under chapter 20. Notwithstanding
33chapter 20, objections to the procedures, use, or content of
34an evaluation in a teacher termination proceeding brought
35before the school board in a hearing held in accordance with
-20-1section 279.16 or 279.27 shall not be subject to the grievance
2procedures negotiated in accordance with chapter 20. A school
3district shall not be obligated to process any evaluation
4grievance after service of a notice and recommendation to
5terminate an individual’s continuing teaching contract in
6accordance with this chapter.
7 Sec. 31. Section 279.15, subsection 2, paragraph c, Code
82017, is amended to read as follows:
9c. Within five days of the receipt of the written notice
10that the superintendent is recommending termination of the
11contract, the teacher may request, in writing to the secretary
12of the board, a private hearing with the board. The private
13hearing shall not be subject to chapter 21 and shall be held
14no sooner than ten twenty days and no later than twenty forty
15 days following the receipt of the request unless the parties
16otherwise agree. The secretary of the board shall notify the
17teacher in writing of the date, time, and location of the
18private hearing, and at least five ten days before the hearing
19shall also furnish to the teacher any documentation which
20may be presented to the board at the private hearing and a
21list of persons who may address the board in support of the
22superintendent’s recommendation at the private hearing. At
23least three seven days before the hearing, the teacher shall
24provide any documentation the teacher expects to present at
25the private hearing, along with the names of any persons who
26may address the board on behalf of the teacher. This exchange
27of information shall be at the time specified unless otherwise
28agreed.
29 Sec. 32. Section 279.16, subsections 1, 2, 6, 7, 8, 9, and
3010, Code 2017, are amended to read as follows:
311. The participants at the private hearing shall be at
32least a majority of the members of the board, and their
33legal representatives, if any, the and the witnesses for the
34parties. The superintendent, the superintendent’s designated
35representatives, if any, the teacher’s immediate supervisor,
-21-1the teacher, and the teacher’s representatives, if any, and the
2witnesses for the parties may participate in the hearing as
3well. The evidence at the private hearing shall be limited to
4the specific reasons stated in the superintendent’s notice of
5recommendation of termination. No A participant in the hearing
6shall not be liable for any damages to any person if any
7statement at the hearing is determined to be erroneous as long
8as the statement was made in good faith. The superintendent
9shall present evidence and argument on all issues involved and
10the teacher may cross-examine, respond, and present evidence
11and argument in the teacher’s behalf relevant to all issues
12involved. Evidence may be by stipulation of the parties and
13informal settlement may be made by stipulation, consent, or
14default or by any other method agreed upon by the parties in
15writing. The board shall employ a certified shorthand reporter
16to keep a record of the private hearing. The proceedings
17or any part thereof shall be transcribed at the request of
18either party with the expense of transcription charged to the
19requesting party.
202. The presiding officer of the board may administer oaths
21in the same manner and with like effect and under the same
22penalties as in the case of magistrates exercising criminal
23or civil jurisdiction. The board shall cause subpoenas to be
24issued for such witnesses and the production of such books
25and papers as either the board or the teacher may designate.
26The subpoenas shall be signed by the presiding officer of the
27board.
286. If the teacher fails to timely request a private hearing
29or does not appear at the private hearing, the board may
30proceed and make a determination upon the superintendent’s
31recommendation. If the teacher fails to timely file a request
32for a private hearing, the determination shall be not later
33than May 31. If the teacher fails to appear at the private
34hearing, the determination shall be not later than five days
35after the scheduled date for the private hearing. The board
-22-1shall convene in open session and by roll call vote determine
2the termination or continuance of the teacher’s contract
3and, if the board votes to continue the teacher’s contract,
4whether to suspend the teacher with or without pay for a
5period specified by the board or issue the teacher a one-year,
6nonrenewable contract.
77. Within five days after the private hearing, the board
8shall, in executive session, meet to make a final decision
9upon the recommendation and the evidence as herein provided.
10The board shall also consider any written brief and arguments
11submitted by the superintendent and the teacher.
128. a. The record for a private hearing shall include:
13a. (1) All pleadings, motions, and intermediate rulings.
14b. (2) All evidence received or considered and all other
15submissions.
16c. (3) A statement of all matters officially noticed.
17d. (4) All questions and offers of proof, objections, and
18rulings thereon.
19e. (5) All findings and exceptions.
20f. (6) Any decision, opinion, or conclusion by the board.
21g. Findings of fact
22b. The decision of the boardshall be based solely on the
23evidence in the record and on matters officially noticed in the
24record.
259. The decision of the board shall be in writing and shall
26include findings of fact and conclusions of law, separately
27stated. Findings of fact, if set forth in statutory language,
28shall be accompanied by a concise and explicit statement of the
29underlying facts and supporting the findings. Each conclusion
30of law shall be supported by cited authority or by reasoned
31opinion.
3210. When the board has reached a decision, opinion, or
33conclusion, it shall convene in open meeting and by roll
34call vote determine the continuance or discontinuance of
35the teacher’s contract and, if the board votes to continue
-23-1the teacher’s contract, whether to suspend the teacher with
2or without pay for a period specified by the board or issue
3the teacher a one-year, nonrenewable contract. The record
4of the private conference hearing and findings of fact and
5exceptions written decision of the board shall be exempt from
6the provisions of chapter 22. The secretary of the board shall
7immediately mail notice of the board’s action to the teacher.
8 Sec. 33. Section 279.16, subsections 3 and 5, Code 2017, are
9amended by striking the subsections.
10 Sec. 34. Section 279.18, Code 2017, is amended to read as
11follows:
12279.18 Appeal by either party teacher to court.
131. If either party a teacher rejects the adjudicator’s
14 board’s decision, the rejecting party teacher shall, within
15thirty days of the initial filing of such decision, appeal to
16the district court of the county in which the administrative
17office of the school district is located. The notice of
18appeal shall be immediately mailed by certified mail to the
19other party board. The adjudicator secretary of the board
20 shall 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
29 board’s decision, 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
32of witnesses, the court shall give weight to the fact findings
33 decision of the board;, but shall not be bound by them it.
34The court may affirm the adjudicator’s board’s decision or
35remand to the adjudicator or the board for further proceedings
-24-1upon conditions determined by the court. The court shall
2reverse, modify, or grant any other appropriate equitable or
3legal relief from the board decision, or the adjudicator’s
4decision equitable or legal and including declaratory relief,
5 if substantial rights of the petitioner have been prejudiced
6because the action is any of the following:
7a. In violation of constitutional or statutory provisions;
8or.
9b. In excess of the statutory authority of the board or the
10adjudicator; or.
11c. In violation of a board rule or policy or contract; or.
12d. Made upon unlawful procedure; or.
13e. Affected by other error of law; or.
14f. Unsupported by a preponderance of the competent evidence
15in the record made before the board and the adjudicator when
16that record is viewed as a whole; or.
17g. Unreasonable, arbitrary, or capricious or characterized
18by an abuse of discretion or a clearly unwarranted exercise of
19discretion.
203. An aggrieved or adversely affected party to the judicial
21review proceeding may obtain a review of any final judgment of
22the district court by appeal to the supreme court. The appeal
23shall be taken as in other civil cases, although the appeal may
24be taken regardless of the amount involved.
254. For purposes of this section, unless the context
26otherwise requires, “rejecting party” “teacher” shall include,
27but not be limited to, an instructor employed by a community
28college.
29 Sec. 35. Section 279.19, Code 2017, is amended to read as
30follows:
31279.19 Probationary period.
321. The first three consecutive years of employment of
33a teacher in the same school district are a probationary
34period. However, if the teacher has successfully completed a
35probationary period of employment for another school district
-25-1located in Iowa, the probationary period in the current
2district of employment shall not exceed one year two years.
3A board of directors may waive the probationary period for
4any teacher who previously has served a probationary period
5in another school district and the board may extend the
6probationary period for an additional year with the consent of
7the teacher.
82. In the case of the termination of a probationary
9teacher’s contract, the contract may be terminated by the board
10of directors effective at the end of a school year without
11cause. The superintendent or the superintendent’s designee
12shall notify the teacher not later than April 30 that the
13board has voted to terminate the contract effective at the
14end of the school year. The notice shall be in writing by
15letter, personally delivered, or mailed by certified mail. The
16notification shall be complete when received by the teacher.
17Within ten days after receiving the notice, the teacher may
18request a private conference with the school board to discuss
19the reasons for termination. The provisions of sections 279.15
20and 279.16 shall not apply to such a termination. However,
21if the probationary teacher is a beginning teacher who fails
22to demonstrate competence in the Iowa teaching standards in
23accordance with chapter 284, the provisions of sections 279.17
24 and 279.18 shall also apply.
253. The board’s decision shall be final and binding unless
26the termination was based upon an alleged violation of a
27constitutionally guaranteed right of the teacher or an alleged
28violation of public employee rights of the teacher under
29section 20.10.
30Notwithstanding any provision to the contrary, the
31grievance procedures of section 20.18 relating to job
32performance or job retention shall not apply to a teacher
33during the first two years of the teacher’s probationary
34period. However, this paragraph shall not apply to a teacher
35who has successfully completed a probationary period in a
-26-1school district in Iowa.
2 Sec. 36. Section 279.19A, subsections 1, 2, 7, and 8, Code
32017, are amended to read as follows:
41. School districts employing individuals to coach
5interscholastic athletic sports shall issue a separate
6extracurricular contract for each of these sports. An
7extracurricular contract offered under this section shall be
8separate from the contract issued under section 279.13. Wages
9for employees who coach these sports shall be paid pursuant
10to established or negotiated supplemental pay schedules.
11 An extracurricular contract shall be in writing, and shall
12state the number of contract days for that sport, the annual
13compensation to be paid, and any other matters as may be
14mutually agreed upon. The contract shall be for a single
15school year.
162. a. An extracurricular contract shall be continued
17automatically in force and effect for equivalent periods,
18except as modified or terminated by mutual agreement of
19the board of directors and the employee, or terminated in
20accordance with this section. An extracurricular contract
21shall initially be offered by the employing board to an
22individual on the same date that contracts are offered to
23teachers under section 279.13. An extracurricular contract
24may be terminated at the end of a school year pursuant to
25sections 279.15 through 279.19. If the school district offers
26an extracurricular contract for a sport for the subsequent
27school year to an employee who is currently performing
28under an extracurricular contract for that sport, and the
29employee does not wish to accept the extracurricular contract
30for the subsequent year, the employee may resign from the
31extracurricular contract within twenty-one days after it has
32been received.
33b. Section 279.13, subsection 3, applies to this section.
34 If the provisions of an extracurricular contract executed
35under this section conflict with a collective bargaining
-27-1agreement negotiated under chapter 20 and effective when the
2extracurricular contract is executed or renewed, the provisions
3of the collective bargaining agreement shall prevail.
47. An extracurricular contract may be terminated prior to
5the expiration of that contract pursuant to section 279.27 for
6any lawful reason following an informal, private hearing before
7the board of directors. The decision of the board to terminate
8an extracurricular contract shall be final.
98. a. A termination proceeding of regarding an
10extracurricular contract either by the board pursuant to
11subsection 2 or pursuant to section 279.27 does shall not
12affect a contract issued pursuant to section 279.13.
13b. A termination of a contract entered into pursuant to
14section 279.13, or a resignation from that contract by the
15teacher, constitutes an automatic termination or resignation of
16the extracurricular contract in effect between the same teacher
17and the employing school board.
18 Sec. 37. Section 279.23, subsection 1, paragraph c, Code
192017, is amended to read as follows:
20c. The rate of compensation per week of five consecutive
21days or month of four consecutive weeks.
22 Sec. 38. Section 279.23, subsection 5, Code 2017, is amended
23to read as follows:
245. Notwithstanding the other provisions of this section,
25a temporary contract may be issued to an administrator for
26up to nine months. Notwithstanding the other provisions of
27this section, a temporary contract may also be issued to
28an administrator to fill a vacancy created by a leave of
29absence in accordance with the provisions of section 29A.28,
30which contract shall automatically terminate upon return from
31military leave of the former incumbent of the administrator
32position and which contract. Temporary contracts shall not be
33subject to the provisions of sections 279.24 and 279.25.
34 Sec. 39. Section 279.24, subsections 2 and 4, Code 2017, are
35amended to read as follows:
-28- 12. If the board of directors is considering termination of
2an administrator’s contract, prior to any formal action, the
3board may arrange to meet in closed session, in accordance with
4the provisions of section 21.5, with the administrator and the
5administrator’s representative. The board shall review the
6administrator’s evaluation, review the reasons for nonrenewal,
7and give the administrator an opportunity to respond. If,
8following the closed session, the board of directors and the
9administrator are unable to mutually agree to a modification or
10termination of the administrator’s contract, or the board of
11directors and the administrator are unable to mutually agree
12to enter into may issue a one-year nonrenewable contract,
13 to the administrator. If the board of directors decides to
14terminate the administrator’s contract, the board shall follow
15the procedures in this section.
164. Administrators employed in a school district for
17less than two three consecutive years are probationary
18administrators. However, a school board may waive the
19probationary period for any administrator who has previously
20served a probationary period in another school district and
21the school board may extend the probationary period for an
22additional year with the consent of the administrator. If a
23school board determines that it should terminate a probationary
24administrator’s contract, the school board shall notify the
25administrator not later than May 15 that the contract will not
26be renewed beyond the current year. The notice shall be in
27writing by letter, personally delivered, or mailed by certified
28mail. The notification shall be complete when received by the
29administrator. Within ten days after receiving the notice, the
30administrator may request a private conference with the school
31board to discuss the reasons for termination. The school
32board’s decision to terminate a probationary administrator’s
33contract shall be final unless the termination was based upon
34an alleged violation of a constitutionally guaranteed right of
35the administrator.
-29-1 Sec. 40. Section 279.24, subsection 5, paragraphs c, d, e,
2f, g, and h, Code 2017, are amended to read as follows:
3c. Within five days after receipt of the written notice
4that the school board has voted to consider termination of
5the contract, the administrator may request a private hearing
6 in writing to the secretary of the school board that. The
7board shall then forward the notification be forwarded to
8the board of educational examiners along with a request that
9the board of educational examiners submit a list of five
10qualified administrative law judges to the parties. Within
11three days from receipt of the list the parties shall select an
12administrative law judge by alternately removing a name from
13the list until only one name remains. The person whose name
14remains shall be the administrative law judge. The parties
15shall determine by lot which party shall remove the first
16name from the list. The private hearing shall be held no
17sooner than ten twenty days and not later than thirty forty
18 days following the administrator’s request unless the parties
19otherwise agree. If the administrator does not request a
20private hearing, the school board, not later than May 31, may
21determine the continuance or discontinuance of the contract
22and, if the board determines to continue the administrator’s
23contract, whether to suspend the administrator with or without
24pay for a period specified by the board. School board action
25shall be by majority roll call vote entered on the minutes of
26the meeting. Notice of school board action shall be personally
27delivered or mailed to the administrator.
28d. The administrative law judge selected shall notify
29the secretary of the school board and the administrator in
30writing concerning the date, time, and location of the private
31 hearing. The school board may be represented by a legal
32representative, if any, and the administrator shall appear and
33may be represented by counsel or by representative, if any.
34Any witnesses for the parties at the private hearing shall be
35sequestered. A transcript or recording shall be made of the
-30-1proceedings at the private hearing. A school board member or
2administrator is not liable for any damage to an administrator
3or school board member if a statement made at the private
4 hearing is determined to be erroneous as long as the statement
5was made in good faith.
6e. The administrative law judge shall, within ten days
7following the date of the private hearing, make a proposed
8decision as to whether or not the administrator should be
9dismissed, and shall give a copy of the proposed decision to
10the administrator and the school board. Findings of fact shall
11be prepared by the administrative law judge. The proposed
12decision of the administrative law judge shall become the final
13decision of the school board unless within ten thirty days
14after the filing of the decision the administrator files a
15written notice of appeal with the school board, or the school
16board on its own motion determines to review the decision.
17f. If the administrator appeals to the school board, or if
18the school board determines on its own motion to review the
19proposed decision of the administrative law judge, a private
20hearing shall be held before the school board within five ten
21 days after the petition for review, or motion for review, has
22been made or at such other time as the parties agree. The
23private hearing is not subject to chapter 21. The school board
24may hear the case de novo upon the record as submitted before
25the administrative law judge. In cases where there is an
26appeal from a proposed decision or where a proposed decision
27is reviewed on motion of the school board, an opportunity
28shall be afforded to each party to file exceptions, present
29briefs, and present oral arguments to the school board which
30is to render the final decision. The secretary of the school
31board shall give the administrator written notice of the time,
32place, and date of the private hearing. The school board shall
33meet within five days after the private hearing to determine
34the question of continuance or discontinuance of the contract
35and, if the board determines to continue the administrator’s
-31-1contract, whether to suspend the administrator with or
2without pay for a period specified by the board or issue the
3administrator a one-year, nonrenewable contract. The school
4board shall make findings of fact which shall be based solely
5on the evidence in the record and on matters officially noticed
6in the record.
7g. The decision of the school board shall be in writing
8and shall include findings of fact and conclusions of law,
9separately stated. Findings of fact, if set forth in statutory
10language, shall be accompanied by a concise and explicit
11statement of the underlying facts supporting the findings.
12Each conclusion of law shall be supported by cited authority
13or by reasoned opinion.
14h. When the school board has reached a decision, opinion,
15or conclusion, it shall convene in open meeting and by roll
16call vote determine the continuance or discontinuance of
17the administrator’s contract and, if the board votes to
18continue the administrator’s contract, whether to suspend the
19administrator with or without pay for a period specified by
20the board or issue the administrator a one-year, nonrenewable
21contract. The record of the private conference hearing
22 and findings of fact and exceptions written decision of the
23board shall be exempt from the provisions of chapter 22. The
24secretary of the school board shall immediately personally
25deliver or mail notice of the school board’s action to the
26administrator.
27 Sec. 41. Section 279.27, Code 2017, is amended to read as
28follows:
29279.27 Discharge of teacher.
301. A teacher may be discharged at any time during the
31contract year for just cause. The superintendent or the
32superintendent’s designee, shall notify the teacher immediately
33that the superintendent will recommend in writing to the board
34at a regular or special meeting of the board held not more
35than fifteen days after notification has been given to the
-32-1teacher that the teacher’s continuing contract be terminated
2effective immediately following a decision of the board. The
3procedure for dismissal shall be as provided in section 279.15,
4subsection 2, and sections 279.16 to through 279.19. The
5superintendent may suspend a teacher under this section pending
6hearing and determination by the board.
72. For purposes of this section, “just cause” includes
8but is not limited to a violation of the code of professional
9conduct and ethics of the board of educational examiners if
10the board has taken disciplinary action against a teacher,
11during the six months following issuance by the board of a
12final written decision and finding of fact after a disciplinary
13proceeding.
14 Sec. 42. Section 284.3, subsection 2, Code 2017, is amended
15to read as follows:
162. A school board shall provide for the following:
17a. For purposes of comprehensive evaluations, standards
18and criteria which measure a beginning teacher’s performance
19against the Iowa teaching standards specified in subsection 1,
20and the criteria for the Iowa teaching standards developed by
21the department in accordance with section 256.9, to determine
22whether the teacher’s practice meets the requirements specified
23for a career teacher. These standards and criteria shall be
24set forth in an instrument provided by the department. The
25comprehensive evaluation and instrument are not subject to
26negotiations or grievance procedures pursuant to chapter 20 or
27determinations made by the board of directors under section
28279.14. A local school board and its certified bargaining
29representative may negotiate, pursuant to chapter 20,
30evaluation and grievance procedures for beginning teachers that
31are not in conflict with this chapter. If, in accordance with
32section 279.19, a beginning teacher appeals the determination
33of a school board to an adjudicator under section 279.17, the
34adjudicator selected shall have successfully completed training
35related to the Iowa teacher standards, the criteria adopted
-33-1by the state board in accordance with subsection 3, and any
2additional training required under rules adopted by the public
3employment relations board in cooperation with the state board.
4b. For purposes of performance reviews for teachers other
5than beginning teachers, evaluations that contain, at a
6minimum, the Iowa teaching standards specified in subsection
71, as well as the criteria for the Iowa teaching standards
8developed by the department in accordance with section
9256.9, subsection 42. A local school board and its certified
10bargaining representative may negotiate, pursuant to chapter
1120, additional teaching standards and criteria. A local
12school board and its certified bargaining representative shall
13negotiate, pursuant to chapter 20, evaluation and grievance
14procedures for teachers other than beginning teachers that are
15not in conflict with this chapter.
16 Sec. 43. Section 284.4, subsection 1, paragraph c,
17subparagraphs (2) and (5), Code 2017, are amended to read as
18follows:
19(2) Monitor the evaluation requirements of this chapter
20to ensure evaluations are conducted in a fair and consistent
21manner throughout the school district or agency. In addition
22to any negotiated evaluation procedures, The committee shall
23 develop model evidence for the Iowa teaching standards and
24criteria. The model evidence will minimize paperwork and focus
25on teacher improvement. The model evidence will determine
26which standards and criteria can be met with observation and
27which evidence meets multiple standards and criteria.
28(5) Ensure the agreement negotiated pursuant to chapter
2920 determines Determine the compensation for teachers on the
30committee for work responsibilities required beyond the normal
31work day.
32 Sec. 44. Section 284.8, subsections 2 and 4, Code 2017, are
33amended to read as follows:
342. If a supervisor or an evaluator determines, at any time,
35as a result of a teacher’s performance that the teacher is not
-34-1meeting district expectations under the Iowa teaching standards
2specified in section 284.3, subsection 1, paragraphs “a”
3through “h”, and the criteria for the Iowa teaching standards
4developed by the department in accordance with section 256.9,
5subsection 42, and any other standards or criteria established
6in the collective bargaining agreement, the evaluator shall,
7at the direction of the teacher’s supervisor, recommend to
8the district that the teacher participate in an intensive
9assistance program. The intensive assistance program and its
10implementation are not subject to negotiation and grievance
11procedures established pursuant to chapter 20. All school
12districts shall be prepared to offer an intensive assistance
13program.
144. A teacher who is not meeting the applicable standards and
15criteria based on a determination made pursuant to subsection 2
16shall participate in an intensive assistance program. However,
17a teacher who has previously participated in an intensive
18assistance program relating to particular Iowa teaching
19standards or criteria shall not be entitled to participate
20in another intensive assistance program relating to the same
21standards or criteria and shall be subject to the provisions of
22subsection 5.
23 Sec. 45. Section 284.8, subsection 3, Code 2017, is amended
24by striking the subsection.
25 Sec. 46. Section 284.8, Code 2017, is amended by adding the
26following new subsection:
27 NEW SUBSECTION. 5. Following a teacher’s participation
28in an intensive assistance program, the teacher shall be
29reevaluated to determine whether the teacher successfully
30completed the intensive assistance program and is meeting
31district expectations under the applicable Iowa teaching
32standards or criteria. If the teacher did not successfully
33complete the intensive assistance program or continues not to
34meet the applicable Iowa teaching standards or criteria, the
35board may do any of the following:
-35- 1a. Terminate the teacher’s contract immediately pursuant to
2section 279.27.
3b. Terminate the teacher’s contract at the end of the school
4year pursuant to section 279.15.
5c. Continue the teacher’s contract for a period not to
6exceed one year. However, the contract shall not be renewed
7and shall not be subject to section 279.15.
8 Sec. 47. REPEAL. Section 279.17, Code 2017, is repealed.
9 Sec. 48. EFFECTIVE UPON ENACTMENT. This division of this
10Act, being deemed of immediate importance, takes effect upon
11enactment.
12 Sec. 49. APPLICABILITY. This division of this Act applies
13to employment contracts of school employees entered into
14pursuant to chapter 279 on and after the effective date of this
15division of this Act. This division of this Act does not apply
16to collective bargaining agreements pursuant to chapter 20
17which have been ratified in a ratification election referred
18to in section 20.17, subsection 4, for which an arbitrator
19has made a final determination as described in section 20.22,
20subsection 11, or which have become effective, where such
21events occurred before the effective date of this division of
22this Act. This division of this Act applies to all collective
23bargaining procedures provided for in chapter 20 occurring on
24and after the effective date of this division of this Act and
25collective bargaining agreements pursuant to chapter 20 for
26which a ratification election referred to in section 20.17,
27subsection 4, is held, for which an arbitrator makes a final
28determination as described in section 20.22, subsection 11,
29or which, unless otherwise provided in this section, become
30effective on or after the effective date of this division of
31this Act.
32DIVISION III
33personnel records and settlement agreements
34 Sec. 50. Section 22.7, subsection 11, paragraph a,
35subparagraph (5), Code 2017, is amended to read as follows:
-36- 1(5) The fact that the individual resigned in lieu of
2termination, was discharged, or was demoted as the result
3of a final disciplinary action upon the exhaustion of all
4applicable contractual, legal, and statutory remedies , and the
5documented reasons and rationale for the resignation in lieu
6of termination, the discharge, or the demotion. For purposes
7of this subparagraph, “demoted” and “demotion” mean a change
8of an employee from a position in a given classification to a
9position in a classification having a lower pay grade.
10 Sec. 51. NEW SECTION. 22.13A Personnel settlement
11agreements — state employees — confidentiality — disclosure.
121. For purposes of this section:
13a. “Personnel settlement agreement” means a binding legal
14agreement between a state employee and the state employee’s
15employer, subject to section 22.13, to resolve a personnel
16dispute including but not limited to a grievance. “Personnel
17settlement agreement” does not include an initial decision by
18a state employee’s employer concerning a personnel dispute or
19grievance.
20b. “State employee” means an employee of the state who is
21an employee of the executive branch as described in sections
227E.2 and 7E.5.
232. Personnel settlement agreements shall not contain any
24confidentiality or nondisclosure provision that attempts to
25prevent the disclosure of the personnel settlement agreement.
26In addition, any confidentiality or nondisclosure provision in
27a personnel settlement agreement is void and unenforceable.
283. The requirements of this section shall not be superseded
29by any provision of a collective bargaining agreement.
304. All personnel settlement agreements shall be made easily
31accessible to the public on an internet site maintained as
32follows:
33a. For personnel settlement agreements with an employee of
34the executive branch, excluding an employee of the state board
35of regents or institution under the control of the state board
-37-1of regents, by the department of administrative services.
2b. For personnel settlement agreements with an employee of
3the state board of regents or institution under the control of
4the state board of regents, by the state board of regents.
55. a. A state agency shall not enter into a personnel
6settlement agreement with a state employee on behalf of the
7state unless the personnel settlement agreement is first
8reviewed by the attorney general or the attorney general’s
9designee. Additionally, a state agency shall not enter into a
10personnel settlement agreement with a state employee on behalf
11of the state unless the agreement has been approved in writing
12by the following individuals:
13(1) For a state agency other than an institution governed
14by the board of regents, the director of the department of
15management, the director of the department of administrative
16services, and the head of the state agency.
17(2) For an institution governed by the board of regents, the
18executive director of the board of regents and the head of the
19institution.
20b. If subparagraph (1) or (2) is not consistent with the
21provision of a collective bargaining agreement, a state agency
22shall provide the individuals referenced in this subsection,
23as applicable, with regular reports regarding any personnel
24settlement agreements entered into with state employees by the
25state agency.
26 Sec. 52. NEW SECTION. 22.15 Personnel records — discipline
27— employee notification.
28A government body that takes disciplinary action against an
29employee that may result in information described in section
3022.7, subsection 11, paragraph “a”, subparagraph (5), being
31placed in the employee’s personnel record, prior to taking such
32disciplinary action, shall notify the employee in writing that
33the information placed in the employee’s personnel file as a
34result of the disciplinary action may become a public record.
35 Sec. 53. EFFECTIVE UPON ENACTMENT. This division of this
-38-1Act, being deemed of immediate importance, takes effect upon
2enactment.
3 Sec. 54. APPLICABILITY. The section of this division of
4this Act amending section 22.7, subsection 11, applies to all
5information described in section 22.7, subsection 11, paragraph
6“a”, subparagraph (5), as amended by this division of this Act,
7relating to information placed in an individual’s personnel
8records on or after the effective date of this division of this
9Act.
10DIVISION IV
11CITY CIVIL SERVICE REQUIREMENTS
12 Sec. 55. Section 400.12, Code 2017, is amended to read as
13follows:
14400.12 Seniority.
151. For the purpose of determining the seniority rights
16of civil service employees employed or appointed as fire
17fighters or police officers, fire chiefs or police chiefs, or
18assistant fire chiefs or assistant police chiefs, seniority
19shall be computed, beginning with the date of appointment to
20or employment in any positions for which they were certified
21or otherwise qualified and established as provided in this
22chapter, but shall not include any period of time exceeding
23sixty days in any one year during which they were absent from
24the service except for disability.
252. In the event that a civil service employee employed
26or appointed as a fire fighter or police officer, fire chief
27or police chief, or assistant fire chief or assistant police
28chief has more than one classification or grade, the length of
29the employee’s seniority rights shall date in the respective
30classifications or grades from and after the time the employee
31was appointed to or began employment in each classification or
32grade. In the event that an employee has been promoted from
33one classification or grade to another, the employee’s civil
34service seniority rights shall be continuous in any department
35grade or classification that the employee formerly held.
-39- 13. A list of all civil service employees employed or
2appointed as fire fighters or police officers, fire chiefs or
3police chiefs, or assistant fire chiefs or assistant police
4chiefs shall be prepared and posted in the city hall by the
5civil service commission on or before July 1 of each year,
6indicating the civil service standing of each employee as to
7the employee’s seniority.
84. Seniority rights under this section shall not be
9applicable to a civil service employee unless the employee is
10employed or appointed as a fire fighter or police officer, fire
11chief or police chief, or assistant fire chief or assistant
12police chief. Seniority rights under this section shall only
13accrue during employment or appointment as a fire fighter or
14police officer, fire chief or police chief, or assistant fire
15chief or assistant police chief.
16 Sec. 56. Section 400.17, subsection 4, Code 2017, is amended
17to read as follows:
184. A person shall not be appointed, denied appointment,
19promoted, removed, discharged, suspended, or demoted to or
20from a civil service position or in any other way favored or
21discriminated against in that position because of political
22or religious opinions or affiliations, race, national origin,
23sex, or age, or in retaliation for the exercise of any right
24enumerated in this chapter. However, the maximum age for a
25police officer or fire fighter covered by this chapter and
26employed for police duty or the duty of fighting fires is
27sixty-five years of age.
28 Sec. 57. Section 400.18, Code 2017, is amended to read as
29follows:
30400.18 Removal, discharge, demotion, or suspension.
311. A person holding civil service rights as provided in this
32chapter shall not be removed, discharged, demoted, or suspended
33arbitrarily, except as otherwise provided in this chapter,
34 but may be removed, discharged, demoted, or suspended after a
35hearing by a majority vote of the civil service commission,
-40-1for neglect of duty, disobedience, misconduct, or failure
2to properly perform the person’s duties due to any act or
3failure to act by the employee that is in contravention of
4law, city policies, or standard operating procedures, or that
5in the judgment of the person having the appointing power as
6provided in this chapter, or the chief of police or chief of
7the fire department, is sufficient to show that the employee is
8unsuitable or unfit for employment.
92. An employee who is removed, discharged, demoted, or
10suspended may request a hearing before the civil service
11commission to review the appointing authority’s, police
12chief’s, or fire chief’s decision to remove, discharge, demote,
13or suspend the employee.
142. 3. The party alleging neglect of duty, disobedience,
15misconduct, or failure to properly perform a duty city shall
16have the burden of proof to prove that the act or failure to act
17by the employee was in contravention of law, city policies, or
18standard operating procedures, or is sufficient to show that
19the employee is unsuitable or unfit for employment.
203. 4. A person subject to a hearing has the right to
21be represented by counsel at the person’s expense or by the
22person’s authorized collective bargaining representative.
235. A collective bargaining agreement to which a bargaining
24unit that has a majority of members who are public safety
25employees as defined in section 20.3 is a party shall provide
26additional procedures not inconsistent with this section for
27the implementation of this section.
28 Sec. 58. Section 400.19, Code 2017, is amended to read as
29follows:
30400.19 Removal, or discharge, demotion, or suspension of
31subordinates.
32The person having the appointing power as provided in
33this chapter, or the chief of police or chief of the fire
34department, may, upon presentation of grounds for such action
35to the subordinate in writing, peremptorily remove, discharge,
-41-1demote, or suspend, demote, or discharge a subordinate then
2under the person’s or chief’s direction for neglect of duty,
3disobedience of orders, misconduct, or failure to properly
4perform the subordinate’s duties due to any act or failure
5to act by the employee that is in contravention of law, city
6policies, or standard operating procedures, or that in the
7judgment of the person or chief is sufficient to show that the
8employee is unsuitable or unfit for employment.
9 Sec. 59. Section 400.20, Code 2017, is amended to read as
10follows:
11400.20 Appeal.
12The suspension removal, discharge, demotion, or discharge
13 suspension of a person holding civil service rights may be
14appealed to the civil service commission within fourteen
15calendar days after the suspension removal, discharge,
16 demotion, or discharge suspension.
17 Sec. 60. Section 400.21, Code 2017, is amended to read as
18follows:
19400.21 Notice of appeal.
20If the appeal be taken by the person suspended removed,
21discharged, demoted, or discharged suspended, notice thereof,
22signed by the appellant and specifying the ruling appealed
23from, shall be filed with the clerk of commission; if by the
24person making such suspension removal, discharge, demotion, or
25discharge suspension, such notice shall also be served upon the
26person suspended removed, discharged, demoted, or discharged
27 suspended.
28 Sec. 61. Section 400.22, Code 2017, is amended to read as
29follows:
30400.22 Charges.
31Within fourteen calendar days from the service of the notice
32of appeal, the person or body making the ruling appealed
33from shall file with the body to which the appeal is taken a
34written specification of the charges and grounds upon which the
35ruling was based. If the charges are not filed, the person
-42-1suspended or removed, discharged, demoted, or suspended may
2present the matter to the body to whom the appeal is to be
3taken by affidavit, setting forth the facts, and the body to
4whom the appeal is to be taken shall immediately enter an
5order reinstating the person suspended or removed, discharged,
6demoted, or suspended for want of prosecution.
7 Sec. 62. Section 400.27, Code 2017, is amended to read as
8follows:
9400.27 Jurisdiction — attorney — appeal.
101. The civil service commission has jurisdiction to hear
11and determine matters involving the rights of civil service
12employees under this chapter, and may affirm, modify, or
13reverse any case on its merits.
142. The city attorney or solicitor shall be the attorney
15for the commission or when requested by the commission shall
16present matters concerning civil service employees to the
17commission, except the commission may hire a counselor or
18an attorney on a per diem basis to represent it when in the
19opinion of the commission there is a conflict of interest
20between the commission and the city council. The counselor or
21attorney hired by the commission shall not be the city attorney
22or solicitor. The city shall pay the costs incurred by the
23commission in employing an attorney under this section.
24The city or any civil service employee shall have a right to
25appeal to the district court from the final ruling or decision
26of the civil service commission. The appeal shall be taken
27within thirty days from the filing of the formal decision of
28the commission. The district court of the county in which the
29city is located shall have full jurisdiction of the appeal and
30the said appeal shall be a trial de novo as an equitable action
31in the district court.
32The appeal to the district court shall be perfected by filing
33a notice of appeal with the clerk of the district court within
34the time prescribed in this section by serving notice of appeal
35on the clerk of the civil service commission, from whose ruling
-43-1or decision the appeal is taken.
2In the event the ruling or decision appealed from is reversed
3by the district court, the appellant, if it be an employee,
4shall then be reinstated as of the date of the said suspension,
5demotion, or discharge and shall be entitled to compensation
6from the date of such suspension, demotion, or discharge.
7 Sec. 63. Section 400.28, Code 2017, is amended to read as
8follows:
9400.28 Employees — number diminished.
101. When the public interest requires A city council may
11implement a diminution of employees in a classification or
12grade under civil service, the city council, acting in good
13faith, may do either of the following:
14a. Abolish the office and remove the employee from
15the employee’s classification or grade thereunder. Such
16a diminution shall be carried out in accordance with any
17procedures provided in a collective bargaining agreement to
18which a bargaining unit that has a majority of members who are
19public safety employees as defined in section 20.3 is a party,
20if applicable.
21b. Reduce the number of employees in any classification or
22grade by suspending the necessary number.
232. In case it thus becomes necessary to so remove or suspend
24any such employees, the persons so removed or suspended shall
25be those having seniority of the shortest duration in the
26classifications or grades affected, and such seniority shall be
27computed as provided in section 400.12 for all persons holding
28seniority in the classification or grade affected, regardless
29of their seniority in any other classification or grade, but
30any such employee so removed from any classification or grade
31shall revert to the employee’s seniority in the next lower
32grade or classification; if such seniority is equal, then the
33one less efficient and competent as determined by the person or
34body having the appointing power shall be the one affected.
353. In case of removal or suspension, the civil service
-44-1commission shall issue to each person affected one certificate
2showing the person’s comparative seniority or length of service
3in each of the classifications or grades from which the person
4is so removed and the fact that the person has been honorably
5removed. The certificate shall also list each classification
6or grade in which the person was previously employed. The
7person’s name shall be carried for a period of not less than
8three years after the suspension or removal on a preferred list
9and appointments or promotions made during that period to the
10person’s former duties in the classification or grade shall
11be made in the order of greater seniority from the preferred
12lists.
13 Sec. 64. Section 411.1, subsection 14, Code 2017, is amended
14to read as follows:
1514. “Member in good standing” means a member in service who
16is not subject to removal, discharge, demotion, or suspension
17 by the employing city of the member pursuant to section 400.18
18or 400.19, or other comparable process, and who is not the
19subject of an investigation that could lead to such removal,
20discharge, demotion, or suspension. Except as specifically
21provided pursuant to section 411.9, a person who is restored
22to active service for purposes of applying for a pension under
23this chapter is not a member in good standing.
24 Sec. 65. SENIORITY RIGHTS — APPLICABILITY. On and after
25the effective date of this division of this Act, any seniority
26rights of city civil service employees, including but not
27limited to seniority accrued, provided pursuant to section
28400.12, Code 2017, that are not also provided pursuant to
29section 400.12, as amended by this division of this Act, are
30extinguished.
31 Sec. 66. EFFECTIVE UPON ENACTMENT. This division of this
32Act, being deemed of immediate importance, takes effect upon
33enactment.
34DIVISION V
35Health insurance matters
-45-1 Sec. 67. NEW SECTION. 70A.41 Public employee health
2insurance.
3A public employer shall offer health insurance to all public
4employees employed by the public employer. All costs of such
5health insurance shall be determined as otherwise provided
6by law. For purposes of this section, “public employer” and
7“public employee” mean the same as defined in section 20.3.
8 Sec. 68. STATE AND REGENTS EMPLOYEE HEALTH INSURANCE —
9OPEN ENROLLMENT PERIOD. A thirty-day enrollment and change
10period for health insurance coverage may be established and
11administered for any employees of the state of Iowa, the state
12board of regents, or an institution governed by the state board
13of regents eligible to participate in a health insurance plan
14offered by the state, state board, or institution pursuant to
15chapter 509A, if the affected employees are provided written
16notice of the period at least thirty days before the beginning
17of the period and if the first day of such a period occurs in
18calendar year 2017.
19 Sec. 69. EFFECTIVE UPON ENACTMENT. This division of this
20Act, being deemed of immediate importance, takes effect upon
21enactment.
22EXPLANATION
23The inclusion of this explanation does not constitute agreement with
24the explanation’s substance by the members of the general assembly.
25This bill relates to employment matters involving public
26employees including collective bargaining, educator employment
27matters, personnel records and settlement agreements, and city
28civil service requirements.
29DIVISION I — PUBLIC EMPLOYEE COLLECTIVE BARGAINING.
30 This division makes a variety of changes to Code chapter
3120, the public employment relations Act, as well as other
32Code provisions relating to collective bargaining by public
33employees.
34SCOPE OF NEGOTIATIONS. The division makes changes to
35mandatory and prohibited subjects which are negotiated through
-46-1collective bargaining between public employers and public
2employees under Code section 20.9.
3Under current law, for negotiations regarding any public
4employees, mandatory subjects of bargaining are wages, hours,
5vacations, insurance, holidays, leaves of absence, shift
6differentials, overtime compensation, supplemental pay,
7seniority, transfer procedures, job classifications, health and
8safety matters, evaluation procedures, procedures for staff
9reduction, in-service training, terms authorizing dues checkoff
10for members of employee organizations, grievance procedures
11for resolving any questions arising under the agreement, and
12other matters mutually agreed upon. Retirement systems are a
13prohibited subject of bargaining.
14The division provides that, for negotiations regarding a
15bargaining unit with a majority of members who are public
16safety employees, mandatory subjects of bargaining are wages,
17hours, vacations, insurance, holidays, leaves of absence,
18shift differentials, overtime compensation, supplemental pay,
19seniority, transfer procedures, job classifications, health
20and safety matters, evaluation procedures, procedures for
21staff reduction, in-service training, grievance procedures
22for resolving any questions arising under the agreement, and
23other matters mutually agreed upon. The division provides
24that, for negotiations regarding a bargaining unit that does
25not have a majority of members who are public safety employees,
26the mandatory subjects of bargaining are base wages and
27other matters mutually agreed upon. Mandatory subjects of
28negotiation specified in the division shall be interpreted
29narrowly and restrictively.
30The division provides that prohibited subjects of bargaining
31for negotiations regarding any public employees are retirement
32systems, dues checkoffs, and other payroll deductions for
33political action committees or other political contributions or
34political activities. The division provides that prohibited
35subjects of bargaining negotiations regarding a bargaining unit
-47-1that does not have a majority of members who are public safety
2employees shall also include insurance, leaves of absence for
3political activities, supplemental pay, transfer procedures,
4evaluation procedures, procedures for staff reduction, release
5time, subcontracting public services, grievance procedures
6for resolving any questions arising under the agreement, and
7seniority and any wage increase, employment benefit, or other
8employment advantage based on seniority.
9The division provides that the term of a collective
10bargaining agreement entered into pursuant to Code chapter 20
11shall not exceed five years.
12The division defines “public safety employee” as a public
13employee who is employed as a sheriff or a sheriff’s regular
14deputy; a marshal or police officer of a city, township, or
15special-purpose district or authority who is a member of a
16paid police department; a member, except a non-peace officer
17member, of the division of state patrol, narcotics enforcement,
18state fire marshal, or criminal investigation, including but
19not limited to a gaming enforcement officer, who has been duly
20appointed by the department of public safety in accordance with
21Code section 80.15; a conservation officer or park ranger as
22authorized by Code section 456A.13; or a permanent or full-time
23fire fighter of a city, township, or special-purpose district
24or authority who is a member of a paid fire department. The
25division defines “supplemental pay” as a payment of moneys
26or other thing of value that is in addition to compensation
27received pursuant to any other permitted subject of negotiation
28specified in Code section 20.9 and is related to the employment
29relationship.
30ARBITRATION PROCEDURES. The division makes changes to the
31procedures for arbitration of impasses in collective bargaining
32between public employers and public employees under Code
33section 20.22.
34ARBITRATION FACTORS. The division modifies the factors that
35an arbitrator is required to consider in addition to any other
-48-1relevant factors in making a final determination on an impasse
2item.
3The division requires an arbitrator to specifically
4address in the arbitrator’s final determination on an impasse
5item the factors considered by the arbitrator in making the
6determination.
7ARBITRATION FACTORS — PUBLIC SAFETY EMPLOYEES. Under the
8division, an arbitrator in an arbitration to which a bargaining
9unit that has a majority of members who are public safety
10employees is a party is required to consider past collective
11bargaining contracts between the parties including the
12bargaining that led up to such contracts.
13The arbitrator is required to consider a comparison of
14wages, hours, and conditions of employment of the involved
15public employees with those of other public employees doing
16comparable work, giving consideration to factors peculiar to
17the area and the classifications involved.
18The arbitrator is required to consider the interests and
19welfare of the public, the ability of the public employer to
20finance economic adjustments and the effect of such adjustments
21on the normal standard of services.
22ARBITRATION FACTORS — NONPUBLIC SAFETY EMPLOYEES. Under
23the division, an arbitrator in an arbitration to which a
24bargaining unit that does not have a majority of members who
25are public safety employees is a party is required to consider
26a comparison of base wages, hours, and conditions of employment
27of the involved public employees with those of other public
28employees doing comparable work, giving consideration to
29factors peculiar to the area and the classifications involved.
30To the extent adequate, applicable data is available, the
31arbitrator is also required to compare base wages, hours, and
32conditions of employment of the involved public employees
33with those of private sector employees doing comparable work,
34giving consideration to factors peculiar to the area and the
35classifications involved.
-49- 1The arbitrator is required to consider the interests and
2welfare of the public.
3The arbitrator is required to consider the financial ability
4of the employer to meet the cost of an offer in light of the
5current economic conditions of the public employer. The
6arbitrator is required to give substantial weight to evidence
7that the public employer’s authority to utilize funds is
8restricted to special purposes or circumstances by state or
9federal law, rules, regulations, or grant requirements.
10The division prohibits the arbitrator from considering
11past collective bargaining agreements between the parties or
12bargaining that led to such agreements. The division also
13prohibits the arbitrator from considering the public employer’s
14ability to fund an award through the increase or imposition of
15new taxes, fees, or charges, or to develop other sources of
16revenues.
17MISCELLANEOUS ARBITRATION MATTERS. The division permits
18the parties to agree to change the four-day deadline to serve
19final offers on impasse items after a request for arbitration
20is received.
21The division prohibits the parties to an arbitration from
22introducing, and the arbitrator from accepting or considering,
23any direct or indirect evidence regarding any subject excluded
24from negotiations pursuant to Code section 20.9.
25Current law requires an arbitrator to select the most
26reasonable offer, in the arbitrator’s judgment, of the
27final offers on each impasse item submitted by the parties.
28The division provides that, for an arbitration to which a
29bargaining unit that does not have a majority of members who
30are public safety employees is a party, with respect to any
31increase in base wages, the arbitrator’s award shall not exceed
32the lesser of two percentages in any one-year period in the
33duration of the bargaining agreement. The percentages are 3
34percent or a percentage equal to the increase in the consumer
35price index for all urban consumers (CPI-U) for the midwest
-50-1region, if any, as determined by the United States department
2of labor, bureau of labor statistics, or a successor index.
3The CPI-U percentage shall be the change in the consumer price
4index for the 12-month period beginning 18 months prior to
5the month in which the impasse item regarding base wages was
6submitted to the arbitrator and ending six months prior to
7the month in which the impasse item regarding base wages was
8submitted to the arbitrator.
9The division requires the public employment relations board
10(PERB) to provide information to the parties regarding the
11change in the CPI-U for the midwest region for any 12-month
12period to assist the parties in the preparation of their final
13offers on an impasse item regarding base wages. The division
14requires the department of workforce development to assist the
15PERB in preparing such information upon request.
16PUBLIC EMPLOYEE ELECTIONS. The division makes changes to
17public employee elections conducted pursuant to Code section
1820.15.
19CERTIFICATION ELECTIONS. The division raises the required
20percentage of support from employees in a bargaining unit
21required for an employee organization that did not submit
22a petition for certification as the exclusive bargaining
23representative of a bargaining unit to be listed on the ballot
24for a certification election from 10 percent to 30 percent.
25The division provides that if a majority of employees in
26a bargaining unit vote for no bargaining representation,
27the public employees in the bargaining unit shall not be
28represented by an employee organization. The division provides
29that if a majority of employees in the bargaining unit vote
30for a listed employee organization, that employee organization
31shall represent the public employees in the bargaining unit.
32The division provides that if none of the choices listed
33on the ballot receive the vote of a majority of the public
34employees in the bargaining unit, the public employees in
35the bargaining unit shall not be represented by an employee
-51-1organization. Current law requires a runoff election to be
2held if none of the choices listed on the ballot receive a
3majority of votes cast.
4The division prohibits the PERB from considering a petition
5for certification as the exclusive bargaining representative
6of a bargaining unit unless a period of two years has
7elapsed from the date of the last certification election
8in which an employee organization was not certified as the
9exclusive representative of that bargaining unit, of the last
10retention and recertification election in which an employee
11organization was not retained and recertified as the exclusive
12representative of that bargaining unit, or of the last
13decertification election in which an employee organization was
14decertified as the exclusive representative of that bargaining
15unit.
16DECERTIFICATION ELECTIONS. The division provides that
17if a majority of the public employees in a bargaining unit
18vote to decertify the bargaining representative, the PERB,
19after the period for filing written objections has elapsed,
20shall immediately decertify the representative and the
21public employees shall not be represented by an employee
22organization except pursuant to the filing of a subsequent
23petition for certification of an employee organization and an
24election conducted pursuant to such petition. Such written
25objections and decertifications shall be subject to applicable
26administrative and judicial review.
27The division provides that if a majority of the public
28employees in the bargaining unit do not vote to decertify the
29bargaining representative, the bargaining representative shall
30continue to represent the public employees in the bargaining
31unit.
32The division prohibits the PERB from considering a petition
33for decertification of an employee organization unless a
34bargaining unit’s collective bargaining agreement exceeds
35two years in length. The division also prohibits the PERB
-52-1from scheduling a decertification election for a bargaining
2unit within one year of a prior certification, retention and
3recertification, or decertification election involving the
4bargaining unit. The division requires the PERB to schedule
5a decertification election not less than 150 days before the
6expiration date of the bargaining unit’s collective bargaining
7agreement unless otherwise prohibited by the division.
8RETENTION AND RECERTIFICATION ELECTIONS. The division
9provides for elections to retain and recertify the bargaining
10representative of a bargaining unit prior to the expiration of
11the bargaining unit’s collective bargaining agreement. The
12division provides that the question on the ballot shall be
13whether the bargaining representative of the public employees
14in the bargaining unit shall be retained and recertified as
15the bargaining representative of the public employees in the
16bargaining unit. For collective bargaining agreements with
17a June 30 expiration date, the division provides that the
18election shall occur between June 1 and November 1, both dates
19included, in the year prior to that expiration date. For
20collective bargaining agreements with a different expiration
21date, the division provides that the election shall occur
22between 365 and 270 days prior to the expiration date.
23The division provides that if a majority of the public
24employees in the bargaining unit vote to retain and recertify
25the representative, the PERB shall retain and recertify the
26bargaining representative, and the bargaining representative
27shall continue to represent the public employees in the
28bargaining unit. The division provides that if a majority
29of the public employees in the bargaining unit do not vote
30to retain and recertify the representative, the PERB,
31after the period for filing written objections has elapsed,
32shall immediately decertify the representative and the
33public employees shall not be represented by an employee
34organization except pursuant to the filing of a subsequent
35petition for certification of an employee organization and an
-53-1election conducted pursuant to such petition. Such written
2objections and decertifications shall be subject to applicable
3administrative and judicial review.
4PERB DUTIES. The division strikes language providing that
5the PERB shall interpret, apply, and administer the provisions
6of Code chapter 20. The division instead provides that the
7PERB shall administer the provisions of Code chapter 20.
8The division requires the PERB to appoint a certified
9shorthand reporter to report state employee grievance and
10discipline resolution proceedings pursuant to Code section
118A.415, relating to grievance and discipline resolution
12procedures under the state employee merit system, and fix a
13reasonable amount of compensation for such service and for any
14transcript requested by the PERB, which amounts shall be taxed
15as other costs.
16The division authorizes the PERB to contract with a vendor
17to conduct elections required by Code section 20.15 on behalf
18of the PERB. The division requires the PERB to establish fees
19by rule to cover the cost of such elections. Such fees shall
20be paid in advance of an election and shall be paid by each
21employee organization listed on the ballot.
22STATEWIDE COLLECTIVE BARGAINING AGREEMENTS FOLLOWING A
23GUBERNATORIAL ELECTION YEAR. The division prohibits holding
24a ratification election or requesting arbitration for the
25negotiation of a proposed, statewide collective bargaining
26agreement to become effective in the year following a general
27election in which the governor and certain other elected
28officials are elected until at least two weeks after the date
29of the beginning of the term of office of the governor in that
30year as prescribed in the Iowa Constitution. The division
31provides that on and after the beginning of the term of
32office of the governor in that year as prescribed in the Iowa
33Constitution, the governor shall have the authority to reject
34such a proposed statewide collective bargaining agreement. If
35the governor does so, the division requires the parties to
-54-1commence collective bargaining in accordance with Code section
220.17. The division provides that such negotiation shall be
3complete not later than March 15 of that year, unless the
4parties mutually agree to a different deadline. The division
5requires the PERB to adopt rules providing for alternative
6deadlines for the completion of the procedures provided in Code
7sections 20.17, 20.19, 20.20, and 20.22 for negotiation of such
8statewide collective bargaining agreements in such years, which
9deadlines may be waived by mutual agreement of the parties.
10CONFIDENTIAL RECORDS. The division provides that
11evidence of public employee support for the retention and
12recertification of an employee organization that is submitted
13to the PERB as provided in Code section 20.15 is a confidential
14record under Code chapter 22, the state open records law. The
15division also provides that information indicating whether
16a public employee voted in a certification, retention and
17recertification, or decertification election, or how the
18employee voted on any question on a ballot in such an election,
19is a confidential record.
20EMPLOYEE ORGANIZATION DUES. The division strikes current
21Code section 70A.19, relating to the duration of state payroll
22deductions for dues of members of employee organizations,
23and replaces it with new Code section 70A.19. New Code
24section 70A.19 prohibits the state, a state agency, a regents
25institution, a board of directors of a school district, a
26community college, or an area education agency, a county board
27of supervisors, a governing body of a city, or any other public
28employer from authorizing or administering a deduction from the
29salaries or wages of its employees for membership dues to an
30employee organization.
31MISCELLANEOUS PROVISIONS RELATING TO PUBLIC EMPLOYEE
32COLLECTIVE BARGAINING. The division modifies certain public
33employer rights provided in Code section 20.7. The division
34provides that a public employer has the right to evaluate
35public employees in positions within the public agency.
-55-1The division strikes language providing that suspension or
2discharge of a public employee must be for proper cause.
3The division provides that a public employee has the right
4under Code section 20.8 to exercise any right or seek any
5remedy provided by law, including but not limited to Code
6sections 70A.28 and 70A.29, Code chapter 8A, subchapter IV, and
7Code chapters 216 and 400. Interfering with public employee
8rights under Code section 20.8 is a prohibited practice under
9Code section 20.10. Code section 20.11 provides administrative
10remedies for violations of Code section 20.10.
11Language in Code section 20.17, subsection 9, prohibiting a
12public employee or any employee organization from negotiating
13or attempting to negotiate directly with a member of the
14governing board of a public employer if the public employer
15has appointed or authorized a bargaining representative for
16the purpose of bargaining with the public employees or their
17representative is transferred to Code section 20.10.
18The division increases the amount of time before an employee
19organization decertified as the exclusive representative of a
20bargaining unit for violating an injunction against an unlawful
21strike can be certified again from 12 months to 24 months.
22Current Code section 20.26, which prohibits employer
23organizations from making direct or indirect political
24contributions, specifies that the section shall not be
25construed to prohibit voluntary contributions by individuals
26to political parties or candidates. The division provides
27that such contributions shall not be made through payroll
28deductions. Current law provides that any person who willfully
29violates Code section 20.26, or who makes a false statement
30knowing it to be false, or who knowingly fails to disclose a
31material fact shall, upon conviction, be subject to a fine of
32not more than $1,000 or imprisoned for not more than 30 days or
33shall be subject to both such fine and imprisonment.
34The division requires the PERB to maintain an internet site
35that allows searchable access to a database of collective
-56-1bargaining agreements and other collective bargaining
2information.
3The division strikes and replaces Code section 20.30,
4relating to voluntary reductions in rank by supervisory
5members of departments or agencies in certain circumstances.
6Previously, Code section 20.30 prohibited granting a
7supervisory member employed by any state department or agency
8a voluntary reduction to a nonsupervisory rank or grade
9during the six months preceding retirement of the member. The
10division further provided that a member employed by any state
11department or agency who retires in less than six months after
12voluntarily requesting and receiving a reduction in rank or
13grade from a supervisory to a nonsupervisory position shall be
14ineligible for a benefit to which the member is entitled as
15a nonsupervisory member but is not entitled as a supervisory
16member. The division increases these time periods to 36
17months.
18The division provides that a mediator shall not be required
19to testify in any arbitration proceeding regarding any matters
20occurring in the course of a mediation.
21The division strikes language requiring a council, board of
22waterworks, or other board or commission which establishes a
23pension and annuity retirement system pursuant to Code chapter
24412 to negotiate in good faith with a certified employee
25organization which is the collective bargaining representative
26of the employees, with respect to the amount or rate of
27the assessment on the wages and salaries of employees and
28the method or methods for payment of the assessment by the
29employees.
30The division makes additional conforming changes.
31TRANSITION PROVISIONS. The division requires parties,
32mediators, and arbitrators engaging in any collective
33bargaining procedures provided for in Code chapter 20, Code
342017, who have not, before the effective date of the division,
35completed such procedures, to immediately terminate any such
-57-1procedures in process as of the effective date of the division.
2The division provides that a collective bargaining agreement
3negotiated pursuant to such procedures in process shall not
4become effective. The division prohibits parties, mediators,
5and arbitrators from engaging in further collective bargaining
6procedures except as provided in the division. Such parties,
7on or after the effective date of the division, may commence
8collective bargaining in accordance with Code section 20.17, as
9amended by the division.
10If such parties include a state public employer and a state
11employee organization, the division provides that negotiation
12of a proposed collective bargaining agreement to become
13effective during the remainder of calendar year 2017 shall be
14complete not later than March 15, 2017, unless the parties
15mutually agree to a different deadline. If such parties
16include public employees represented by a certified employee
17organization who are employed by a public employer which is a
18school district, area education agency, or community college,
19the division provides that negotiation of a proposed collective
20bargaining agreement to become effective during the remainder
21of calendar year 2017 shall be complete not later than June
2230, 2017, unless the parties mutually agree to a different
23deadline.
24The division requires the PERB to adopt emergency rules to
25provide for procedures as deemed necessary to implement these
26transition provisions. The division provides that such rules
27shall include but are not limited to alternative deadlines
28for completion of the procedures provided in sections 20.17
29and 20.22, as amended by the division, and sections 20.19 and
3020.20, which deadlines may be waived by mutual agreement of the
31parties.
32EFFECTIVE DATE AND APPLICABILITY PROVISIONS. The division
33takes effect upon enactment.
34With the exception of the section of the division amending
35Code section 20.6, subsection 1, the division does not apply
-58-1to collective bargaining agreements which have been ratified
2in a ratification election, for which an arbitrator has made
3a final determination, or which have become effective, where
4such events occurred before the effective date of the division.
5The division applies to all collective bargaining procedures
6provided for in Code chapter 20 occurring on and after the
7effective date of the division and collective bargaining
8agreements for which a ratification election is held, for which
9an arbitrator makes a final determination, or which, unless
10otherwise provided in the division, become effective on or
11after the effective date of the division.
12The provision of the division amending Code section
1370A.19 does not apply to dues deductions required by
14collective bargaining agreements which have been ratified in
15a ratification election, for which an arbitrator has made a
16final determination, or which have become effective, where such
17events occurred before the effective date of the division.
18The provision of the division enacting Code section 20.15,
19subsection 2, which provides for retention and recertification
20elections, does not apply to collective bargaining agreements
21with expiration dates occurring before April 1, 2018.
22DIVISION II — EDUCATOR EMPLOYMENT MATTERS. This division
23makes a variety of changes relating to educator employment
24matters.
25TERMINATION OF TEACHER EMPLOYMENT CONTRACTS. The division
26makes various changes relating to the termination of teacher
27employment contracts.
28The division extends various procedural deadlines
29regarding private hearings held after a superintendent
30recommends termination of a teacher’s employment contract.
31The division makes participation in such a private hearing
32by the superintendent, the superintendent’s designated
33representatives, the teacher’s immediate supervisor, the
34teacher, and the teacher’s representatives discretionary on
35the part of those individuals instead of mandatory. The
-59-1division strikes a requirement that the school board employ
2a certified shorthand reporter to keep a record of a private
3hearing, although the board must still keep a record. The
4division strikes a requirement that the school board issue
5subpoenas for witnesses and evidence on behalf of the board and
6the teacher. The division strikes language providing for a
7judicial remedy if a witness appears and refuses to testify or
8to produce required books or papers at a private hearing. The
9division strikes language authorizing the superintendent and
10the teacher to file written briefs and arguments with the board
11at the conclusion of the private hearing. The division strikes
12language providing deadlines for determining the status of the
13teacher’s contract if the teacher does not request a private
14hearing. The division strikes language requiring that the
15decision of the board include findings of fact and conclusions
16of law. The division permits a school board which votes to
17continue a teacher’s contract to issue the teacher a one-year,
18nonrenewable contract.
19The division repeals Code section 279.17, which permits a
20teacher to appeal the board’s determination to an adjudicator
21and provides procedures for such appeals. Code language
22providing for appeal of an adjudicator’s decision to district
23court is modified to allow a teacher to appeal the board’s
24determination to district court.
25TEACHER PROBATIONARY PERIODS. The division makes various
26changes relating to probationary employment of teachers.
27The division increases from one year to two years the
28length of a teacher’s probationary employment period in a
29school district if the teacher has successfully completed a
30probationary period of employment for another school district
31located in Iowa.
32The division strikes language providing that requirements
33for notices of termination, private hearings, and appeals
34applicable to nonprobationary teachers whose employment
35contracts are terminated are applicable to probationary
-60-1teachers whose employment contracts are terminated. The
2division provides alternative procedures for the termination of
3employment contracts of such probationary teachers, including
4notification procedures and the opportunity to request a
5private conference with the school board.
6EXTRACURRICULAR INTERSCHOLASTIC ATHLETIC COACH CONTRACTS.
7 The division makes various changes relating to extracurricular
8interscholastic athletic coach employment contracts. The
9division strikes language providing that wages for such
10coaches shall be paid pursuant to established or negotiated
11supplemental pay schedules. The division strikes language
12providing that employment contracts of such coaches shall be
13continued automatically in force and effect for equivalent
14periods and that the termination of such contracts follows
15procedures similar to those used for teacher contracts. The
16division provides that employment contracts of such coaches may
17be terminated prior to their expiration for any lawful reason
18following an informal, private hearing before the school board.
19The division provides that the decision of the school board to
20terminate such a contract is final.
21SCHOOL ADMINISTRATOR EMPLOYMENT MATTERS. The division makes
22various changes relating to school administrator employment
23matters.
24The division strikes language providing that the rate of
25compensation in an administrator’s employment contract must be
26on a weekly or monthly basis.
27The division permits a school board to issue a temporary
28employment contract to an administrator for a period of up to
29nine months.
30The division strikes language permitting a school board
31considering the termination of an administrator’s contract and
32the administrator to mutually agree to enter into a one-year,
33nonrenewable employment contract and instead permits the school
34board to issue such a contract.
35The division increases the probationary employment
-61-1period for administrators from two years to three years
2and strikes language permitting a school board to waive the
3probationary period for an administrator who previously served
4a probationary period in another school district.
5The division provides that a hearing before an
6administrative law judge requested by an administrator whose
7employment contract a school board is considering terminating
8shall be a private hearing. The division extends certain
9procedural deadlines relating to such hearings. The division
10provides that any witnesses for the parties at the hearing
11shall be sequestered. The division strikes language requiring
12that the decision of the board include findings of fact and
13conclusions of law. The division permits a school board which
14votes to continue an administrator’s contract to issue the
15administrator a one-year, nonrenewable contract.
16INTENSIVE ASSISTANCE PROGRAMS. The division makes various
17changes relating to intensive assistance programs.
18The division provides that a teacher who has previously
19participated in an intensive assistance program relating to
20particular Iowa teaching standards or criteria shall not be
21entitled to participate in another intensive assistance program
22relating to the same standards or criteria. The division
23provides that following a teacher’s participation in an
24intensive assistance program, the teacher shall be reevaluated
25to determine whether the teacher successfully completed
26the intensive assistance program and is meeting district
27expectations under the applicable Iowa teaching standards or
28criteria. The division provides that if the teacher did not
29successfully complete the intensive assistance program or
30continues not to meet the applicable Iowa teaching standards or
31criteria, the board may initiate procedures to terminate the
32teacher’s employment contract immediately or at the end of the
33school year or may continue the teacher’s contract for a period
34not to exceed one year on a nonrenewable basis and without the
35right to a private hearing.
-62- 1MISCELLANEOUS PROVISIONS RELATING TO EDUCATOR EMPLOYMENT
2MATTERS. The division permits a school board to issue a
3temporary employment contract to a teacher for a period of up
4to six months.
5The division provides that just cause for which a teacher
6may be discharged at any time during the contract year under
7Code section 279.27 includes but is not limited to a violation
8of the code of professional conduct and ethics of the board
9of educational examiners if the board has taken disciplinary
10action against a teacher, during the six months following
11issuance by the board of a final written decision and finding
12of fact after a disciplinary proceeding. Code section 279.27
13specifies procedures for such discharges.
14The division strikes language permitting or requiring a
15school board and its certified bargaining representative to
16negotiate various matters pursuant to Code chapter 20.
17The division makes additional conforming changes.
18EFFECTIVE DATE AND APPLICABILITY PROVISIONS. The division
19takes effect upon enactment.
20The division applies to employment contracts of school
21employees entered into pursuant to Code chapter 279 on and
22after the effective date of the division. The division does
23not apply to collective bargaining agreements pursuant to Code
24chapter 20 which have been ratified in a ratification election,
25for which an arbitrator has made a final determination, or
26which have become effective, where such events occurred before
27the effective date of the division. The division applies to
28all collective bargaining procedures provided for in Code
29chapter 20 occurring on and after the effective date of the
30division and collective bargaining agreements pursuant to Code
31chapter 20 for which a ratification election is held, for which
32an arbitrator makes a final determination, or which, unless
33otherwise provided in the division, become effective on or
34after the effective date of the division.
35DIVISION III — PERSONNEL RECORDS AND SETTLEMENT AGREEMENTS.
-63-1 This division makes changes relating to public employee
2personnel records and settlement agreements.
3PERSONNEL RECORDS. The division amends Code section 22.7,
4subsection 11, governing personal information in confidential
5personnel records of government bodies. Code section 22.7,
6subsection 11, generally provides that personal information in
7confidential personnel records of government bodies relating
8to identified or identifiable individuals who are officials,
9officers, or employees of the government bodies is considered
10a confidential record. Code section 22.7, subsection 11,
11paragraph “a”, subparagraph (5), provides that certain
12information relating to such individuals contained in personnel
13records shall be a public record. Under current law, the fact
14that an individual was discharged as the result of a final
15disciplinary action upon the exhaustion of all applicable
16contractual, legal, and statutory remedies is a public record.
17Under the division, the fact that, as the result of a
18disciplinary action, an individual resigned in lieu of
19termination, was discharged, or was demoted is a public record.
20The division strikes requirements that such disciplinary
21action be final and that all applicable contractual, legal,
22and statutory remedies be exhausted. The division defines
23“demoted” and “demotion” as a change of an employee from
24a position in a given classification to a position in a
25classification having a lower pay grade. This provision
26applies to all such information relating to resignation in
27lieu of termination, discharge, or demotion placed in an
28individual’s personnel records on or after the effective date
29of the division.
30The division requires a government body that takes
31disciplinary action against an employee that may result in
32information described in the division being placed in the
33employee’s personnel record, prior to taking such disciplinary
34action, to notify the employee in writing that the information
35placed in the employee’s personnel file as a result of the
-64-1disciplinary action may become a public record.
2PERSONNEL SETTLEMENT AGREEMENTS. The division provides that
3personnel settlement agreements between the state and a state
4employee shall not contain any confidentiality or nondisclosure
5provisions that attempt to prevent the disclosure of the
6personnel settlement agreement. The division provides that
7any confidentiality or nondisclosure provision in a personnel
8settlement agreement is not enforceable. The division provides
9that the requirements of the division shall not be superseded
10by any collective bargaining agreement. The division provides
11that personnel settlements shall be made available to the
12public on an internet site. The division provides that the
13internet site be maintained by the department of administrative
14services or board of regents, as applicable, based on the
15employee covered. The requirements of the division are
16applicable to employees of the executive branch of government.
17The division prohibits a state agency from entering into a
18personnel settlement agreement with a state employee on behalf
19of the state unless the personnel settlement agreement is first
20reviewed by certain state officials specified in the division.
21The division defines a “personnel settlement agreement” as a
22binding legal agreement between a state employee and the state
23employee’s employer, subject to Code section 22.13 relating to
24settlement agreements as public records, to resolve a personnel
25dispute including but not limited to a grievance. A “personnel
26settlement agreement” does not include an initial decision
27by an employee’s employer concerning a personnel dispute or
28grievance.
29EFFECTIVE DATE. The division takes effect upon enactment.
30DIVISION IV — CITY CIVIL SERVICE REQUIREMENTS. This
31division makes a variety of changes relating to city civil
32service requirements under Code chapter 400.
33SENIORITY RIGHTS. The division provides that Code section
34400.12, which currently establishes seniority rights in
35employment for all city civil service employees, applies only
-65-1to city civil service employees employed or appointed as fire
2fighters or police officers, fire chiefs or police chiefs, or
3assistant fire chiefs or assistant police chiefs. The division
4provides that seniority rights under Code section 400.12
5shall not be applicable to a civil service employee unless
6the employee is employed or appointed as a fire fighter or
7police officer, fire chief or police chief, or assistant fire
8chief or assistant police chief. The division provides that
9seniority rights under Code section 400.12 shall only accrue
10during employment or appointment as a fire fighter or police
11officer, fire chief or police chief, or assistant fire chief
12or assistant police chief. On and after the effective date
13of the division, any seniority rights of city civil service
14employees, including but not limited to seniority accrued,
15provided pursuant to Code section 400.12, Code 2017, that are
16not also provided pursuant to Code section 400.12, as amended
17by the division, are extinguished.
18ADVERSE EMPLOYMENT ACTIONS — GROUNDS AND PROCEDURES. The
19division makes changes relating to adverse employment actions
20taken against city civil service employees. Current law
21provides that adverse employment action may be taken against
22an employee by the employee’s appointing authority, police
23chief, or fire chief, as applicable, for neglect of duty,
24disobedience, misconduct, or failure to properly perform the
25employee’s duties after a hearing before the city civil service
26commission.
27The division instead provides that such action may be
28taken against an employee due to any act or failure to act by
29the employee that is in contravention of law, city policies,
30or standard operating procedures, or that in the judgment
31of the appointing authority, police chief, or fire chief is
32sufficient to show that the employee is unsuitable or unfit for
33employment.
34The division requires an appointing authority, police
35chief, or fire chief taking such action to present the grounds
-66-1for such action to the employee in writing. The division
2permits an employee subject to adverse employment action to
3request a hearing before the civil service commission to review
4the appointing authority’s, police chief’s, or fire chief’s
5decision. The division provides that, in such a hearing, the
6city shall have the burden to prove that the act or failure to
7act by the employee was in contravention of law, city policies,
8or standard operating procedures, or is sufficient to show
9that the employee is unsuitable or unfit for employment. The
10division provides that a collective bargaining agreement to
11which a bargaining unit that has a majority of members who are
12public safety employees as defined in Code section 20.3 is a
13party shall provide additional procedures not inconsistent with
14the division for the implementation of these requirements.
15APPEAL OF CERTAIN CITY CIVIL SERVICE COMMISSION DECISIONS.
16 The division strikes language in Code section 400.27 permitting
17a city or any civil service employee to appeal a final ruling
18or decision of a city civil service commission involving the
19rights of civil service employees under Code chapter 400 to a
20district court and providing procedures for such appeals.
21DIMINUTION OF EMPLOYEES. The division modifies Code
22section 400.28, which permits a city council to carry out
23certain procedures to implement a diminution of employees in
24a classification or grade under civil service when the public
25interest requires. The division permits a city council to
26implement a diminution of employees in a classification or
27grade under civil service and strikes procedural requirements
28for such diminutions. The division provides that such
29a diminution shall be carried out in accordance with any
30procedures provided in a collective bargaining agreement to
31which a bargaining unit that has a majority of members who are
32public safety employees as defined in Code section 20.3 is a
33party, if applicable.
34MISCELLANEOUS PROVISIONS. The division generally
35standardizes terminology relating to adverse employment
-67-1actions in Code chapter 400. The division generally provides
2that language referring to removal, discharge, demotion, or
3suspension from employment as a city civil service employee
4refers to all four terms.
5The division makes additional conforming changes.
6EFFECTIVE DATE. The division takes effect upon enactment.
7DIVISION V — HEALTH INSURANCE MATTERS. This division makes
8changes relating to public employee health insurance.
9HEALTH INSURANCE — OFFER REQUIRED. The division requires
10a public employer to offer health insurance to all public
11employees employed by the public employer. The division
12provides that all costs of such health insurance shall
13be determined as otherwise provided by law. The division
14defines “public employer” as the state of Iowa, its boards,
15commissions, agencies, departments, and its political
16subdivisions including school districts and other special
17purpose districts. The division defines “public employee”
18as any individual employed by a public employer, with the
19exclusions enumerated in Code section 20.4.
20ENROLLMENT AND CHANGE PERIOD. The division permits a 30-day
21enrollment and change period for health insurance coverage
22to be established and administered for any employees of the
23state of Iowa, the state board of regents, or an institution
24governed by the state board of regents eligible to participate
25in a health insurance plan offered by the state, state board,
26or institution pursuant to Code chapter 509A, if the affected
27employees are provided written notice of the period at least 30
28days before the beginning of the period and if the first day of
29the period occurs in calendar year 2017.
30The division takes effect upon enactment.
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