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House File 291 - ReprintedA 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’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.
22f. A peace officer designated by the department of
23transportation under section 321.477 who is subject to mandated
24law enforcement training.
25 NEW SUBSECTION. 12. “Supplemental pay” means a payment
26of moneys or other thing of value that is in addition to
27compensation received pursuant to any other permitted subject
28of negotiation specified in section 20.9 and is related to the
29employment relationship.
30 Sec. 2. Section 20.6, subsection 1, Code 2017, is amended
31to read as follows:
321. Interpret, apply, and administer Administer the
33provisions of this chapter.
34 Sec. 3. Section 20.6, Code 2017, is amended by adding the
35following new subsections:
-1-1 NEW SUBSECTION. 6. Appoint a certified shorthand reporter
2to report state employee grievance and discipline resolution
3proceedings pursuant to section 8A.415 and fix a reasonable
4amount of compensation for such service and for any transcript
5requested by the board, which amounts shall be taxed as other
6costs.
7 NEW SUBSECTION. 7. Contract with a vendor as the board may
8deem necessary to conduct elections required by section 20.15
9on behalf of the board. The board shall establish fees by rule
10pursuant to chapter 17A to cover the cost of elections required
11by section 20.15. Such fees shall be paid in advance of an
12election and shall be paid by each employee organization listed
13on the ballot.
14 Sec. 4. Section 20.7, subsection 2, Code 2017, is amended
15to read as follows:
162. Hire, evaluate, promote, demote, transfer, assign and
17retain public employees in positions within the public agency.
18 Sec. 5. Section 20.8, Code 2017, is amended by adding the
19following new subsection:
20 NEW SUBSECTION. 5. Exercise any right or seek any remedy
21provided by law, including but not limited to those rights and
22remedies available under sections 70A.28 and 70A.29, chapter
238A, subchapter IV, and chapters 216 and 400.
24 Sec. 6. Section 20.9, Code 2017, is amended to read as
25follows:
2620.9 Scope of negotiations.
271. The For negotiations regarding a bargaining unit with
28at least thirty percent of members who are public safety
29employees, the public employer and the employee organization
30shall meet at reasonable times, including meetings reasonably
31in advance of the public employer’s budget-making process,
32to negotiate in good faith with respect to wages, hours,
33vacations, insurance, holidays, leaves of absence, shift
34differentials, overtime compensation, supplemental pay,
35seniority, transfer procedures, job classifications, health
-2-1and safety matters, evaluation procedures, procedures for
2staff reduction, in-service training, grievance procedures
3for resolving any questions arising under the agreement, and
4other matters mutually agreed upon. Negotiations shall also
5include terms authorizing dues checkoff for members of the
6employee organization and grievance procedures for resolving
7any questions arising under the agreement, which shall be
8embodied in a written agreement and signed by the parties.
9If an agreement provides for dues checkoff, a member’s dues
10may be checked off only upon the member’s written request
11and the member may terminate the dues checkoff at any time
12by giving thirty days’ written notice. For negotiations
13regarding a bargaining unit that does not have at least
14thirty percent of members who are public safety employees,
15the public employer and the employee organization shall meet
16at reasonable times, including meetings reasonably in advance
17of the public employer’s budget-making process, to negotiate
18in good faith with respect to base wages and other matters
19mutually agreed upon. Such obligation to negotiate in good
20faith does not compel either party to agree to a proposal
21or make a concession. Mandatory subjects of negotiation
22specified in this subsection shall be interpreted narrowly and
23restrictively.
242. Nothing in this section shall diminish the authority
25and power of the department of administrative services, board
26of regents’ merit system, Iowa public broadcasting board’s
27merit system, or any civil service commission established by
28constitutional provision, statute, charter, or special act to
29recruit employees, prepare, conduct, and grade examinations,
30rate candidates in order of their relative scores for
31certification for appointment or promotion or for other matters
32of classification, reclassification, or appeal rights in the
33classified service of the public employer served.
343. All retirement systems, dues checkoffs, and other
35payroll deductions for political action committees or other
-3-1political contributions or political activities shall be
2excluded from the scope of negotiations. For negotiations
3regarding a bargaining unit that does not have at least thirty
4percent of members who are public safety employees, insurance,
5leaves of absence for political activities, supplemental pay,
6transfer procedures, evaluation procedures, procedures for
7staff reduction, and subcontracting public services shall also
8be 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 20.22, subsections 2, 3, 7, 8, and 9, Code
342017, are amended to read as follows:
352. Each party shall serve its final offer on each of
-10-1the impasse items upon the other party within four days of
2the board’s receipt of the request for arbitration, or by a
3deadline otherwise agreed upon by the parties. The parties may
4continue to negotiate all offers until an agreement is reached
5or an award is rendered by the arbitrator. The full costs of
6arbitration under this section shall be shared equally by the
7parties to the dispute.
83. The submission of the impasse items to the arbitrator
9shall be limited to those items upon which the parties have
10not reached agreement. With respect to each such item, the
11arbitrator’s award shall be restricted to the final offers on
12each impasse item submitted by the parties to the arbitrator,
13except as provided in subsection 9, paragraph “b”.
147. The For an arbitration involving a bargaining unit that
15has at least thirty percent of members who are public safety
16employees, the arbitrator shall consider and specifically
17address in the arbitrator’s determination, in addition to any
18other relevant factors, the following factors:
19a. Past collective bargaining contracts between the parties
20including the bargaining that led up to such contracts.
21b. Comparison of wages, hours and conditions of employment
22of the involved public employees with those of other public
23employees doing comparable work, giving consideration to
24factors peculiar to the area and the classifications involved.
25c. The interests and welfare of the public, the ability of
26the public employer to finance economic adjustments and the
27effect of such adjustments on the normal standard of services.
28d. The power of the public employer to levy taxes and
29appropriate funds for the conduct of its operations.
308. a. The arbitrator may administer oaths, examine
31witnesses and documents, take testimony and receive evidence,
32and issue subpoenas to compel the attendance of witnesses and
33the production of records. The arbitrator may petition the
34district court at the seat of government or of the county
35in which the hearing is held to enforce the order of the
-11-1arbitrator compelling the attendance of witnesses and the
2production of records.
3b. Except as required for purposes of the consideration of
4the factors specified in subsection 7, paragraphs “a” through
5“c”, and subsection 7A, paragraph “a”, subparagraphs (1) through
6(3), the parties shall not introduce, and the arbitrator
7shall not accept or consider, any direct or indirect evidence
8regarding any subject excluded from negotiations pursuant to
9section 20.9.
109. a. The arbitrator shall select within fifteen days after
11the hearing the most reasonable offer, in the arbitrator’s
12judgment, of the final offers on each impasse item submitted
13by the parties.
14b. (1) However, for an arbitration involving a bargaining
15unit that does not have at least thirty percent of members who
16are public safety employees, with respect to any increase in
17base wages, the arbitrator’s award shall not exceed the lesser
18of the following percentages in any one-year period in the
19duration of the bargaining agreement:
20(a) Three percent.
21(b) A percentage equal to the increase in the consumer
22price index for all urban consumers for the midwest region,
23if any, as determined by the United States department of
24labor, bureau of labor statistics, or a successor index. Such
25percentage shall be the change in the consumer price index
26for the twelve-month period beginning eighteen months prior
27to the month in which the impasse item regarding base wages
28was submitted to the arbitrator and ending six months prior to
29the month in which the impasse item regarding base wages was
30submitted to the arbitrator.
31(2) To assist the parties in the preparation of their final
32offers on an impasse item regarding base wages, the board
33shall provide information to the parties regarding the change
34in the consumer price index for all urban consumers for the
35midwest region for any twelve-month period. The department of
-12-1workforce development shall assist the board in preparing such
2information upon request.
3 Sec. 13. Section 20.22, Code 2017, is amended by adding the
4following new subsection:
5 NEW SUBSECTION. 7A. For an arbitration involving a
6bargaining unit that does not have at least thirty percent of
7members who are public safety employees, the following shall
8apply:
9a. The arbitrator shall consider and specifically address
10in the arbitrator’s determination, in addition to any other
11relevant factors, the following factors:
12(1) Comparison of base wages, hours, and conditions of
13employment of the involved public employees with those of other
14public employees doing comparable work, giving consideration to
15factors peculiar to the area and the classifications involved.
16To the extent adequate, applicable data is available,
17the arbitrator shall also compare base wages, hours, and
18conditions of employment of the involved public employees
19with those of private sector employees doing comparable work,
20giving consideration to factors peculiar to the area and the
21classifications involved.
22(2) The interests and welfare of the public.
23(3) The financial ability of the employer to meet the cost
24of an offer in light of the current economic conditions of the
25public employer. The arbitrator shall give substantial weight
26to evidence that the public employer’s authority to utilize
27funds is restricted to special purposes or circumstances
28by state or federal law, rules, regulations, or grant
29requirements.
30b. The arbitrator shall not consider the following factors:
31(1) Past collective bargaining agreements between the
32parties or bargaining that led to such agreements.
33(2) The public employer’s ability to fund an award through
34the increase or imposition of new taxes, fees, or charges, or
35to develop other sources of revenues.
-13-1 Sec. 14. Section 20.26, unnumbered paragraph 4, Code 2017,
2is amended to read as follows:
3Nothing in this section shall be construed to prohibit
4voluntary contributions by individuals to political parties
5or candidates, provided that such contributions are not made
6through payroll deductions.
7 Sec. 15. Section 20.29, Code 2017, is amended to read as
8follows:
920.29 Filing agreement — public access — internet site.
101. Collective bargaining agreements shall be in writing and
11shall be signed by the parties.
122. A copy of a collective bargaining agreement entered into
13between a public employer and a certified employee organization
14and made final under this chapter shall be filed with the board
15by the public employer within ten days of the date on which the
16agreement is entered into.
173. Copies of collective bargaining agreements entered
18into between the state and the state employees’ bargaining
19representatives and made final under this chapter shall be
20filed with the secretary of state and be made available to the
21public at cost.
224. The board shall maintain an internet site that allows
23searchable access to a database of collective bargaining
24agreements and other collective bargaining information.
25 Sec. 16. Section 20.30, Code 2017, is amended by striking
26the section and inserting in lieu thereof the following:
2720.30 Supervisory member — no reduction before retirement.
28A supervisory member of any department or agency employed by
29the state of Iowa shall not be granted a voluntary reduction
30to a nonsupervisory rank or grade during the thirty-six
31months preceding retirement of the member. A member of any
32department or agency employed by the state of Iowa who retires
33in less than thirty-six months after voluntarily requesting and
34receiving a reduction in rank or grade from a supervisory to a
35nonsupervisory position shall be ineligible for a benefit to
-14-1which the member is entitled as a nonsupervisory member but is
2not entitled as a supervisory member.
3 Sec. 17. Section 20.31, subsection 2, unnumbered paragraph
41, Code 2017, is amended to read as follows:
5A mediator shall not be required to testify in any judicial,
6administrative, arbitration, or grievance proceeding regarding
7any matters occurring in the course of a mediation, including
8any verbal or written communication or behavior, other than
9facts relating exclusively to the timing or scheduling of
10mediation. A mediator shall not be required to produce or
11disclose any documents, including notes, memoranda, or other
12work product, relating to mediation, other than documents
13relating exclusively to the timing or scheduling of mediation.
14This subsection shall not apply in any of the following
15circumstances:
16 Sec. 18. NEW SECTION. 20.32 Transit employees —
17applicability.
18All provisions of this chapter applicable to employees
19described in section 20.3, subsection 10A, shall be applicable
20on the same terms and to the same degree to any transit
21employee if it is determined by the director of the department
22of transportation, upon written confirmation from the United
23States department of labor, that a public employer would
24lose federal funding under 49 U.S.C. §5333(b) if the transit
25employee is not covered under certain collective bargaining
26rights.
27 Sec. 19. Section 22.7, subsection 69, Code 2017, is amended
28to read as follows:
2969. The evidence of public employee support for
30the certification, retention and recertification, or
31decertification of an employee organization as defined in
32section 20.3 that is submitted to the public employment
33relations board as provided in sections section 20.14 and or
34 20.15.
35 Sec. 20. Section 22.7, Code 2017, is amended by adding the
-15-1following new subsection:
2 NEW SUBSECTION. 70. Information indicating whether
3a public employee voted in a certification, retention and
4recertification, or decertification election held pursuant to
5section 20.15 or how the employee voted on any question on a
6ballot in such an election.
7 Sec. 21. Section 70A.17A, subsection 3, Code 2017, is
8amended by striking the subsection.
9 Sec. 22. Section 70A.19, Code 2017, is amended by striking
10the section and inserting in lieu thereof the following:
1170A.19 Payroll deduction for employee organization dues
12prohibited.
13The state, a state agency, a regents institution, a board of
14directors of a school district, a community college, or an area
15education agency, a county board of supervisors, a governing
16body of a city, or any other public employer as defined in
17section 20.3 shall not authorize or administer a deduction from
18the salaries or wages of its employees for membership dues to
19an employee organization as defined in section 20.3.
20 Sec. 23. Section 412.2, subsection 1, Code 2017, is amended
21to read as follows:
221. From the proceeds of the assessments on the wages
23and salaries of employees, of any such waterworks system,
24or other municipally owned and operated public utility,
25eligible to receive the benefits thereof. Notwithstanding
26any provisions of section 20.9 to the contrary, a council,
27board of waterworks, or other board or commission which
28establishes a pension and annuity retirement system pursuant to
29this chapter, shall negotiate in good faith with a certified
30employee organization as defined in section 20.3, which is the
31collective bargaining representative of the employees, with
32respect to the amount or rate of the assessment on the wages
33and salaries of employees and the method or methods for payment
34of the assessment by the employees.
35 Sec. 24. Section 602.1401, subsection 3, paragraph b, Code
-16-12017, is amended to read as follows:
2b. For purposes of chapter 20, the certified representative,
3which on July 1, 1983, represents employees who become judicial
4branch employees as a result of 1983 Iowa Acts, ch.186, shall
5remain the certified representative when the employees become
6judicial branch employees and thereafter, unless the public
7employee organization is not retained and recertified or is
8 decertified in an election held under section 20.15 or amended
9or absorbed into another certified organization pursuant to
10chapter 20. Collective bargaining negotiations shall be
11conducted on a statewide basis and the certified employee
12organizations which engage in bargaining shall negotiate on a
13statewide basis, although bargaining units shall be organized
14by judicial district. The public employment relations board
15shall adopt rules pursuant to chapter 17A to implement this
16subsection.
17 Sec. 25. TRANSITION PROCEDURES — EMERGENCY RULES.
181. As of the effective date of this division of this Act,
19parties, mediators, and arbitrators engaging in any collective
20bargaining procedures provided for in chapter 20, Code 2017,
21who have not, before the effective date of this division
22of this Act, completed such procedures, shall immediately
23terminate any such procedures in process. A collective
24bargaining agreement negotiated pursuant to such procedures in
25process shall not become effective. Parties, mediators, and
26arbitrators shall not engage in further collective bargaining
27procedures except as provided in this section. Such parties,
28on or after the effective date of this division of this Act,
29may commence collective bargaining in accordance with section
3020.17, as amended in this division of this Act. If such
31parties include a state public employer and a state employee
32organization, negotiation of a proposed collective bargaining
33agreement to become effective during the remainder of calendar
34year 2017 shall be complete not later than March 15, 2017,
35unless the parties mutually agree to a different deadline.
-17-1If such parties include public employees represented by a
2certified employee organization who are employed by a public
3employer which is a school district, area education agency,
4or community college, negotiation of a proposed collective
5bargaining agreement to become effective during the remainder
6of calendar year 2017 shall be complete not later than June
730, 2017, unless the parties mutually agree to a different
8deadline.
92. The public employment relations board shall adopt
10emergency rules under section 17A.4, subsection 3, and section
1117A.5, subsection 2, paragraph “b”, to provide for procedures
12as deemed necessary to implement the provisions of this section
13and the rules shall be effective immediately upon filing
14unless a later date is specified in the rules. Such rules
15shall include but are not limited to alternative deadlines for
16completion of the procedures provided in sections 20.17 and
1720.22, as amended by this division of this Act, and sections
1820.19 and 20.20, which deadlines may be waived by mutual
19agreement of the parties.
20 Sec. 26. EFFECTIVE UPON ENACTMENT. This division of this
21Act, being deemed of immediate importance, takes effect upon
22enactment.
23 Sec. 27. APPLICABILITY.
241. With the exception of the section of this division of
25this Act amending section 20.6, subsection 1, this division of
26this Act does not apply to collective bargaining agreements
27which have been ratified in a ratification election referred
28to in section 20.17, subsection 4, for which an arbitrator
29has made a final determination as described in section 20.22,
30subsection 11, or which have become effective, where such
31events occurred before the effective date of this division of
32this Act. This division of this Act applies to all collective
33bargaining procedures provided for in chapter 20 occurring
34on and after the effective date of this division of this Act
35and collective bargaining agreements for which a ratification
-18-1election referred to in section 20.17, subsection 4, is
2held, for which an arbitrator makes a final determination as
3described in section 20.22, subsection 11, or which, unless
4otherwise provided in this section, become effective on or
5after the effective date of this division of this Act.
62. The provision of this division of this Act amending
7section 70A.19 does not apply to dues deductions required by
8collective bargaining agreements which have been ratified in a
9ratification election referred to in section 20.17, subsection
104, for which an arbitrator has made a final determination as
11described in section 20.22, subsection 11, or which have become
12effective, where such events occurred before the effective date
13of this division of this Act.
143. Section 20.15, subsection 2, as enacted by this division
15of this Act, does not apply to collective bargaining agreements
16with expiration dates occurring before April 1, 2018.
17DIVISION II
18EDUCATOR employment matters
19 Sec. 28. Section 279.13, subsections 2 and 5, Code 2017, are
20amended to read as follows:
212. The contract shall remain in force and effect for the
22period stated in the contract and shall be automatically
23continued for equivalent periods except as modified or
24terminated by mutual agreement of the board of directors and
25the teacher or as modified or terminated in accordance with
26the provisions specified in this chapter. A contract shall
27not be offered by the employing board to a teacher under its
28jurisdiction prior to March 15 of any year. A teacher who has
29not accepted a contract for the ensuing school year tendered
30by the employing board may resign effective at the end of the
31current school year by filing a written resignation with the
32secretary of the board. The resignation must be filed not
33later than the last day of the current school year or the date
34specified by the employing board for return of the contract,
35whichever date occurs first. However, a teacher shall not be
-19-1required to return a contract to the board or to resign less
2than twenty-one days after the contract has been offered.
35. Notwithstanding the other provisions of this section, a
4temporary contract may be issued to a teacher for a period of
5up to six months. Notwithstanding the other provisions of this
6section, a temporary contract may also be issued to a teacher
7 to fill a vacancy created by a leave of absence in accordance
8with the provisions of section 29A.28, which contract shall
9automatically terminate upon return from military leave of the
10former incumbent of the teaching position and which contract.
11Temporary contracts shall not be subject to the provisions of
12sections 279.15 through 279.19, or section 279.27. A separate
13extracurricular contract issued pursuant to section 279.19A to
14a person issued a temporary contract under this section shall
15automatically terminate with the termination of the temporary
16contract as required under section 279.19A, subsection 8.
17 Sec. 29. Section 279.13, subsection 4, unnumbered paragraph
181, Code 2017, is amended to read as follows:
19For purposes of this section, sections 279.14, 279.15
20through 279.17, 279.16, 279.19, and 279.27, unless the context
21otherwise requires, “teacher” includes the following individuals
22employed by a community college:
23 Sec. 30. Section 279.14, Code 2017, is amended to read as
24follows:
25279.14 Evaluation criteria and procedures.
261. The board shall establish evaluation criteria and shall
27implement evaluation procedures. If an exclusive bargaining
28representative has been certified, the board shall negotiate
29in good faith with respect to evaluation procedures pursuant
30to chapter 20.
312. The determination of standards of performance expected
32of school district personnel shall be reserved as an exclusive
33management right of the school board and shall not be subject
34to mandatory negotiations under chapter 20. Notwithstanding
35chapter 20, objections Objections to the procedures, use, or
-20-1content of an evaluation in a teacher termination proceeding
2brought before the school board in a hearing held in accordance
3with section 279.16 or 279.27 shall not be subject to the any
4 grievance procedures negotiated in accordance with chapter
520. A school district shall not be obligated to process
6any evaluation grievance after service of a notice and
7recommendation to terminate an individual’s continuing teaching
8contract in accordance with this chapter.
9 Sec. 31. Section 279.15, subsection 2, paragraph c, Code
102017, is amended to read as follows:
11c. Within five days of the receipt of the written notice
12that the superintendent is recommending termination of the
13contract, the teacher may request, in writing to the secretary
14of the board, a private hearing with the board. The private
15hearing shall not be subject to chapter 21 and shall be held
16no sooner than ten twenty days and no later than twenty forty
17 days following the receipt of the request unless the parties
18otherwise agree. The secretary of the board shall notify the
19teacher in writing of the date, time, and location of the
20private hearing, and at least five ten days before the hearing
21shall also furnish to the teacher any documentation which
22may be presented to the board at the private hearing and a
23list of persons who may address the board in support of the
24superintendent’s recommendation at the private hearing. At
25least three seven days before the hearing, the teacher shall
26provide any documentation the teacher expects to present at
27the private hearing, along with the names of any persons who
28may address the board on behalf of the teacher. This exchange
29of information shall be at the time specified unless otherwise
30agreed.
31 Sec. 32. Section 279.16, subsections 1, 2, 6, 7, 8, 9, and
3210, Code 2017, are amended to read as follows:
331. The participants at the private hearing shall be at
34least a majority of the members of the board, and their
35legal representatives, if any, the and the witnesses for the
-21-1parties. The superintendent, the superintendent’s designated
2representatives, if any, the teacher’s immediate supervisor,
3the teacher, and the teacher’s representatives, if any, and the
4witnesses for the parties may participate in the hearing as
5well. The evidence at the private hearing shall be limited to
6the specific reasons stated in the superintendent’s notice of
7recommendation of termination. No A participant in the hearing
8shall not be liable for any damages to any person if any
9statement at the hearing is determined to be erroneous as long
10as the statement was made in good faith. The superintendent
11shall present evidence and argument on all issues involved and
12the teacher may cross-examine, respond, and present evidence
13and argument in the teacher’s behalf relevant to all issues
14involved. Evidence may be by stipulation of the parties and
15informal settlement may be made by stipulation, consent, or
16default or by any other method agreed upon by the parties in
17writing. The board shall employ a certified shorthand reporter
18to keep a record of the private hearing. The proceedings
19or any part thereof shall be transcribed at the request of
20either party with the expense of transcription charged to the
21requesting party.
222. The presiding officer of the board may administer oaths
23in the same manner and with like effect and under the same
24penalties as in the case of magistrates exercising criminal
25or civil jurisdiction. The board shall cause subpoenas to be
26issued for such witnesses and the production of such books
27and papers as either the board or the teacher may designate.
28The subpoenas shall be signed by the presiding officer of the
29board.
306. If the teacher fails to timely request a private hearing
31or does not appear at the private hearing, the board may
32proceed and make a determination upon the superintendent’s
33recommendation. If the teacher fails to timely file a request
34for a private hearing, the determination shall be not later
35than May 31. If the teacher fails to appear at the private
-22-1hearing, the determination shall be not later than five days
2after the scheduled date for the private hearing. The board
3shall convene in open session and by roll call vote determine
4the termination or continuance of the teacher’s contract
5and, if the board votes to continue the teacher’s contract,
6whether to suspend the teacher with or without pay for a
7period specified by the board or issue the teacher a one-year,
8nonrenewable contract.
97. Within five days after the private hearing, the board
10shall, in executive session, meet to make a final decision
11upon the recommendation and the evidence as herein provided.
12The board shall also consider any written brief and arguments
13submitted by the superintendent and the teacher.
148. a. The record for a private hearing shall include:
15a. (1) All pleadings, motions, and intermediate rulings.
16b. (2) All evidence received or considered and all other
17submissions.
18c. (3) A statement of all matters officially noticed.
19d. (4) All questions and offers of proof, objections, and
20rulings thereon.
21e. (5) All findings and exceptions.
22f. (6) Any decision, opinion, or conclusion by the board.
23g. Findings of fact
24b. The decision of the boardshall be based solely on the
25evidence in the record and on matters officially noticed in the
26record.
279. The decision of the board shall be in writing and shall
28include findings of fact and conclusions of law, separately
29stated. Findings of fact, if set forth in statutory language,
30shall be accompanied by a concise and explicit statement of the
31underlying facts and supporting the findings. Each conclusion
32of law shall be supported by cited authority or by reasoned
33opinion.
3410. When the board has reached a decision, opinion, or
35conclusion, it shall convene in open meeting and by roll
-23-1call vote determine the continuance or discontinuance of
2the teacher’s contract and, if the board votes to continue
3the teacher’s contract, whether to suspend the teacher with
4or without pay for a period specified by the board or issue
5the teacher a one-year, nonrenewable contract. The record
6of the private conference hearing and findings of fact and
7exceptions written decision of the board shall be exempt from
8the provisions of chapter 22. The secretary of the board shall
9immediately mail notice of the board’s action to the teacher.
10 Sec. 33. Section 279.16, subsections 3 and 5, Code 2017, are
11amended by striking the subsections.
12 Sec. 34. Section 279.18, Code 2017, is amended to read as
13follows:
14279.18 Appeal by either party teacher to court.
151. If either party a teacher rejects the adjudicator’s
16 board’s decision, the rejecting party teacher shall, within
17thirty days of the initial filing of such decision, appeal to
18the district court of the county in which the administrative
19office of the school district is located. The notice of
20appeal shall be immediately mailed by certified mail to the
21other party board. The adjudicator secretary of the board
22 shall transmit to the reviewing court the original or a
23certified copy of the entire record which may be the subject
24of the petition. By stipulation of all parties to the review
25proceedings, the record of such a case may be shortened. A
26party unreasonably refusing to stipulate to limit the record
27may be taxed by the court for the additional cost. The court
28may require or permit subsequent corrections or additions to
29the shortened record.
302. In proceedings for judicial review of the adjudicator’s
31 board’s decision, the court shall not hear any further evidence
32but shall hear the case upon the certified record. In such
33judicial review, especially when considering the credibility
34of witnesses, the court shall give weight to the fact findings
35 decision of the board;, but shall not be bound by them it.
-24-1The court may affirm the adjudicator’s board’s decision or
2remand to the adjudicator or the board for further proceedings
3upon conditions determined by the court. The court shall
4reverse, modify, or grant any other appropriate equitable or
5legal relief from the board decision, or the adjudicator’s
6decision equitable or legal and including declaratory relief,
7 if substantial rights of the petitioner have been prejudiced
8because the action is any of the following:
9a. In violation of constitutional or statutory provisions;
10or.
11b. In excess of the statutory authority of the board or the
12adjudicator; or.
13c. In violation of a board rule or policy or contract; or.
14d. Made upon unlawful procedure; or.
15e. Affected by other error of law; or.
16f. Unsupported by a preponderance of the competent evidence
17in the record made before the board and the adjudicator when
18that record is viewed as a whole; or.
19g. Unreasonable, arbitrary, or capricious or characterized
20by an abuse of discretion or a clearly unwarranted exercise of
21discretion.
223. An aggrieved or adversely affected party to the judicial
23review proceeding may obtain a review of any final judgment of
24the district court by appeal to the supreme court. The appeal
25shall be taken as in other civil cases, although the appeal may
26be taken regardless of the amount involved.
274. For purposes of this section, unless the context
28otherwise requires, “rejecting party” “teacher” shall include,
29but not be limited to, an instructor employed by a community
30college.
31 Sec. 35. Section 279.19, Code 2017, is amended to read as
32follows:
33279.19 Probationary period.
341. The first three consecutive years of employment of
35a teacher in the same school district are a probationary
-25-1period. However, if the teacher has successfully completed a
2probationary period of employment for another school district
3located in Iowa, the probationary period in the current
4district of employment shall not exceed one year two years.
5A board of directors may waive the probationary period for
6any teacher who previously has served a probationary period
7in another school district and the board may extend the
8probationary period for an additional year with the consent of
9the teacher.
102. In the case of the termination of a probationary
11teacher’s contract, the contract may be terminated by the board
12of directors effective at the end of a school year without
13cause. The superintendent or the superintendent’s designee
14shall notify the teacher not later than April 30 that the
15board has voted to terminate the contract effective at the
16end of the school year. The notice shall be in writing by
17letter, personally delivered, or mailed by certified mail. The
18notification shall be complete when received by the teacher.
19Within ten days after receiving the notice, the teacher may
20request a private conference with the school board to discuss
21the reasons for termination. The provisions of sections 279.15
22and 279.16 shall not apply to such a termination. However,
23if the probationary teacher is a beginning teacher who fails
24to demonstrate competence in the Iowa teaching standards in
25accordance with chapter 284, the provisions of sections 279.17
26 and 279.18 shall also apply.
273. The board’s decision shall be final and binding unless
28the termination was based upon an alleged violation of a
29constitutionally guaranteed right of the teacher or an alleged
30violation of public employee rights of the teacher under
31section 20.10.
32Notwithstanding any provision to the contrary, the
33grievance procedures of section 20.18 relating to job
34performance or job retention shall not apply to a teacher
35during the first two years of the teacher’s probationary
-26-1period. However, this paragraph shall not apply to a teacher
2who has successfully completed a probationary period in a
3school district in Iowa.
4 Sec. 36. Section 279.19A, subsections 1, 2, 7, and 8, Code
52017, are amended to read as follows:
61. School districts employing individuals to coach
7interscholastic athletic sports shall issue a separate
8extracurricular contract for each of these sports. An
9extracurricular contract offered under this section shall be
10separate from the contract issued under section 279.13. Wages
11for employees who coach these sports shall be paid pursuant
12to established or negotiated supplemental pay schedules.
13 An extracurricular contract shall be in writing, and shall
14state the number of contract days for that sport, the annual
15compensation to be paid, and any other matters as may be
16mutually agreed upon. The contract shall be for a single
17school year.
182. a. An extracurricular contract shall be continued
19automatically in force and effect for equivalent periods,
20except as modified or terminated by mutual agreement of
21the board of directors and the employee, or terminated in
22accordance with this section. An extracurricular contract
23shall initially be offered by the employing board to an
24individual on the same date that contracts are offered to
25teachers under section 279.13. An extracurricular contract
26may be terminated at the end of a school year pursuant to
27sections 279.15 through 279.19. If the school district offers
28an extracurricular contract for a sport for the subsequent
29school year to an employee who is currently performing
30under an extracurricular contract for that sport, and the
31employee does not wish to accept the extracurricular contract
32for the subsequent year, the employee may resign from the
33extracurricular contract within twenty-one days after it has
34been received.
35b. Section 279.13, subsection 3, applies to this section.
-27-1 If the provisions of an extracurricular contract executed
2under this section conflict with a collective bargaining
3agreement negotiated under chapter 20 and effective when the
4extracurricular contract is executed or renewed, the provisions
5of the collective bargaining agreement shall prevail.
67. An extracurricular contract may be terminated prior to
7the expiration of that contract pursuant to section 279.27 for
8any lawful reason following an informal, private hearing before
9the board of directors. The decision of the board to terminate
10an extracurricular contract shall be final.
118. a. A termination proceeding of regarding an
12extracurricular contract either by the board pursuant to
13subsection 2 or pursuant to section 279.27 does shall not
14affect a contract issued pursuant to section 279.13.
15b. A termination of a contract entered into pursuant to
16section 279.13, or a resignation from that contract by the
17teacher, constitutes an automatic termination or resignation of
18the extracurricular contract in effect between the same teacher
19and the employing school board.
20 Sec. 37. Section 279.23, subsection 1, paragraph c, Code
212017, is amended to read as follows:
22c. The rate of compensation per week of five consecutive
23days or month of four consecutive weeks.
24 Sec. 38. Section 279.23, subsection 5, Code 2017, is amended
25to read as follows:
265. Notwithstanding the other provisions of this section,
27a temporary contract may be issued to an administrator for
28up to nine months. Notwithstanding the other provisions of
29this section, a temporary contract may also be issued to
30an administrator to fill a vacancy created by a leave of
31absence in accordance with the provisions of section 29A.28,
32which contract shall automatically terminate upon return from
33military leave of the former incumbent of the administrator
34position and which contract. Temporary contracts shall not be
35subject to the provisions of sections 279.24 and 279.25.
-28-1 Sec. 39. Section 279.24, subsections 2 and 4, Code 2017, are
2amended to read as follows:
32. If the board of directors is considering termination of
4an administrator’s contract, prior to any formal action, the
5board may arrange to meet in closed session, in accordance with
6the provisions of section 21.5, with the administrator and the
7administrator’s representative. The board shall review the
8administrator’s evaluation, review the reasons for nonrenewal,
9and give the administrator an opportunity to respond. If,
10following the closed session, the board of directors and the
11administrator are unable to mutually agree to a modification or
12termination of the administrator’s contract, or the board of
13directors and the administrator are unable to mutually agree
14to enter into may issue a one-year nonrenewable contract,
15 to the administrator. If the board of directors decides to
16terminate the administrator’s contract, the board shall follow
17the procedures in this section.
184. Administrators employed in a school district for
19less than two three consecutive years are probationary
20administrators. However, a school board may waive the
21probationary period for any administrator who has previously
22served a probationary period in another school district and
23the school board may extend the probationary period for an
24additional year with the consent of the administrator. If a
25school board determines that it should terminate a probationary
26administrator’s contract, the school board shall notify the
27administrator not later than May 15 that the contract will not
28be renewed beyond the current year. The notice shall be in
29writing by letter, personally delivered, or mailed by certified
30mail. The notification shall be complete when received by the
31administrator. Within ten days after receiving the notice, the
32administrator may request a private conference with the school
33board to discuss the reasons for termination. The school
34board’s decision to terminate a probationary administrator’s
35contract shall be final unless the termination was based upon
-29-1an alleged violation of a constitutionally guaranteed right of
2the administrator.
3 Sec. 40. Section 279.24, subsection 5, paragraphs c, d, e,
4f, g, and h, Code 2017, are amended to read as follows:
5c. Within five days after receipt of the written notice
6that the school board has voted to consider termination of
7the contract, the administrator may request a private hearing
8 in writing to the secretary of the school board that. The
9board shall then forward the notification be forwarded to
10the board of educational examiners along with a request that
11the board of educational examiners submit a list of five
12qualified administrative law judges to the parties. Within
13three days from receipt of the list the parties shall select an
14administrative law judge by alternately removing a name from
15the list until only one name remains. The person whose name
16remains shall be the administrative law judge. The parties
17shall determine by lot which party shall remove the first
18name from the list. The private hearing shall be held no
19sooner than ten twenty days and not later than thirty forty
20 days following the administrator’s request unless the parties
21otherwise agree. If the administrator does not request a
22private hearing, the school board, not later than May 31, may
23determine the continuance or discontinuance of the contract
24and, if the board determines to continue the administrator’s
25contract, whether to suspend the administrator with or without
26pay for a period specified by the board. School board action
27shall be by majority roll call vote entered on the minutes of
28the meeting. Notice of school board action shall be personally
29delivered or mailed to the administrator.
30d. The administrative law judge selected shall notify
31the secretary of the school board and the administrator in
32writing concerning the date, time, and location of the private
33 hearing. The school board may be represented by a legal
34representative, if any, and the administrator shall appear and
35may be represented by counsel or by representative, if any.
-30- 1Any witnesses for the parties at the private hearing shall be
2sequestered. A transcript or recording shall be made of the
3proceedings at the private hearing. A school board member or
4administrator is not liable for any damage to an administrator
5or school board member if a statement made at the private
6 hearing is determined to be erroneous as long as the statement
7was made in good faith.
8e. The administrative law judge shall, within ten days
9following the date of the private hearing, make a proposed
10decision as to whether or not the administrator should be
11dismissed, and shall give a copy of the proposed decision to
12the administrator and the school board. Findings of fact shall
13be prepared by the administrative law judge. The proposed
14decision of the administrative law judge shall become the final
15decision of the school board unless within ten thirty days
16after the filing of the decision the administrator files a
17written notice of appeal with the school board, or the school
18board on its own motion determines to review the decision.
19f. If the administrator appeals to the school board, or if
20the school board determines on its own motion to review the
21proposed decision of the administrative law judge, a private
22hearing shall be held before the school board within five ten
23 days after the petition for review, or motion for review, has
24been made or at such other time as the parties agree. The
25private hearing is not subject to chapter 21. The school board
26may hear the case de novo upon the record as submitted before
27the administrative law judge. In cases where there is an
28appeal from a proposed decision or where a proposed decision
29is reviewed on motion of the school board, an opportunity
30shall be afforded to each party to file exceptions, present
31briefs, and present oral arguments to the school board which
32is to render the final decision. The secretary of the school
33board shall give the administrator written notice of the time,
34place, and date of the private hearing. The school board shall
35meet within five days after the private hearing to determine
-31-1the question of continuance or discontinuance of the contract
2and, if the board determines to continue the administrator’s
3contract, whether to suspend the administrator with or
4without pay for a period specified by the board or issue the
5administrator a one-year, nonrenewable contract. The school
6board shall make findings of fact which shall be based solely
7on the evidence in the record and on matters officially noticed
8in the record.
9g. The decision of the school board shall be in writing
10and shall include findings of fact and conclusions of law,
11separately stated. Findings of fact, if set forth in statutory
12language, shall be accompanied by a concise and explicit
13statement of the underlying facts supporting the findings.
14Each conclusion of law shall be supported by cited authority
15or by reasoned opinion.
16h. When the school board has reached a decision, opinion,
17or conclusion, it shall convene in open meeting and by roll
18call vote determine the continuance or discontinuance of
19the administrator’s contract and, if the board votes to
20continue the administrator’s contract, whether to suspend the
21administrator with or without pay for a period specified by
22the board or issue the administrator a one-year, nonrenewable
23contract. The record of the private conference hearing
24 and findings of fact and exceptions written decision of the
25board shall be exempt from the provisions of chapter 22. The
26secretary of the school board shall immediately personally
27deliver or mail notice of the school board’s action to the
28administrator.
29 Sec. 41. Section 279.27, Code 2017, is amended to read as
30follows:
31279.27 Discharge of teacher.
321. A teacher may be discharged at any time during the
33contract year for just cause. The superintendent or the
34superintendent’s designee, shall notify the teacher immediately
35that the superintendent will recommend in writing to the board
-32-1at a regular or special meeting of the board held not more
2than fifteen days after notification has been given to the
3teacher that the teacher’s continuing contract be terminated
4effective immediately following a decision of the board. The
5procedure for dismissal shall be as provided in section 279.15,
6subsection 2, and sections 279.16 to through 279.19. The
7superintendent may suspend a teacher under this section pending
8hearing and determination by the board.
92. For purposes of this section, “just cause” includes
10but is not limited to a violation of the code of professional
11conduct and ethics of the board of educational examiners if
12the board has taken disciplinary action against a teacher,
13during the six months following issuance by the board of a
14final written decision and finding of fact after a disciplinary
15proceeding.
16 Sec. 42. Section 284.3, subsection 2, Code 2017, is amended
17to read as follows:
182. A school board shall provide for the following:
19a. For purposes of comprehensive evaluations, standards
20and criteria which measure a beginning teacher’s performance
21against the Iowa teaching standards specified in subsection 1,
22and the criteria for the Iowa teaching standards developed by
23the department in accordance with section 256.9, to determine
24whether the teacher’s practice meets the requirements specified
25for a career teacher. These standards and criteria shall be
26set forth in an instrument provided by the department. The
27comprehensive evaluation and instrument are not subject to
28negotiations or grievance procedures pursuant to chapter 20 or
29determinations made by the board of directors under section
30279.14. A local school board and its certified bargaining
31representative may negotiate, pursuant to chapter 20,
32evaluation and grievance procedures for beginning teachers that
33are not in conflict with this chapter. If, in accordance with
34section 279.19, a beginning teacher appeals the determination
35of a school board to an adjudicator under section 279.17, the
-33-1adjudicator selected shall have successfully completed training
2related to the Iowa teacher standards, the criteria adopted
3by the state board in accordance with subsection 3, and any
4additional training required under rules adopted by the public
5employment relations board in cooperation with the state board.
6b. For purposes of performance reviews for teachers other
7than beginning teachers, evaluations that contain, at a
8minimum, the Iowa teaching standards specified in subsection
91, as well as the criteria for the Iowa teaching standards
10developed by the department in accordance with section
11256.9, subsection 42. A local school board and its certified
12bargaining representative may negotiate, pursuant to chapter
1320, additional teaching standards and criteria. A local
14school board and its certified bargaining representative shall
15negotiate, pursuant to chapter 20, evaluation and grievance
16procedures for teachers other than beginning teachers that are
17not in conflict with this chapter.
18 Sec. 43. Section 284.4, subsection 1, paragraph c,
19subparagraphs (2) and (5), Code 2017, are amended to read as
20follows:
21(2) Monitor the evaluation requirements of this chapter
22to ensure evaluations are conducted in a fair and consistent
23manner throughout the school district or agency. In addition
24to any negotiated evaluation procedures, The committee shall
25 develop model evidence for the Iowa teaching standards and
26criteria. The model evidence will minimize paperwork and focus
27on teacher improvement. The model evidence will determine
28which standards and criteria can be met with observation and
29which evidence meets multiple standards and criteria.
30(5) Ensure the agreement negotiated pursuant to chapter
3120 determines Determine the compensation for teachers on the
32committee for work responsibilities required beyond the normal
33work day.
34 Sec. 44. Section 284.8, subsections 2 and 4, Code 2017, are
35amended to read as follows:
-34- 12. If a supervisor or an evaluator determines, at any time,
2as a result of a teacher’s performance that the teacher is not
3meeting district expectations under the Iowa teaching standards
4specified in section 284.3, subsection 1, paragraphs “a”
5through “h”, and the criteria for the Iowa teaching standards
6developed by the department in accordance with section 256.9,
7subsection 42, and any other standards or criteria established
8in the collective bargaining agreement, the evaluator shall,
9at the direction of the teacher’s supervisor, recommend to
10the district that the teacher participate in an intensive
11assistance program. The intensive assistance program and its
12implementation are not subject to negotiation and grievance
13procedures established pursuant to chapter 20. All school
14districts shall be prepared to offer an intensive assistance
15program.
164. A teacher who is not meeting the applicable standards and
17criteria based on a determination made pursuant to subsection 2
18shall participate in an intensive assistance program. However,
19a teacher who has previously participated in an intensive
20assistance program relating to particular Iowa teaching
21standards or criteria shall not be entitled to participate
22in another intensive assistance program relating to the same
23standards or criteria and shall be subject to the provisions of
24subsection 5.
25 Sec. 45. Section 284.8, subsection 3, Code 2017, is amended
26by striking the subsection.
27 Sec. 46. Section 284.8, Code 2017, is amended by adding the
28following new subsection:
29 NEW SUBSECTION. 5. Following a teacher’s participation
30in an intensive assistance program, the teacher shall be
31reevaluated to determine whether the teacher successfully
32completed the intensive assistance program and is meeting
33district expectations under the applicable Iowa teaching
34standards or criteria. If the teacher did not successfully
35complete the intensive assistance program or continues not to
-35-1meet the applicable Iowa teaching standards or criteria, the
2board may do any of the following:
3a. Terminate the teacher’s contract immediately pursuant to
4section 279.27.
5b. Terminate the teacher’s contract at the end of the school
6year pursuant to section 279.15.
7c. Continue the teacher’s contract for a period not to
8exceed one year. However, the contract shall not be renewed
9and shall not be subject to section 279.15.
10 Sec. 47. REPEAL. Section 279.17, Code 2017, is repealed.
11 Sec. 48. EFFECTIVE UPON ENACTMENT. This division of this
12Act, being deemed of immediate importance, takes effect upon
13enactment.
14 Sec. 49. APPLICABILITY. This division of this Act applies
15to employment contracts of school employees entered into
16pursuant to chapter 279 on and after the effective date of this
17division of this Act. This division of this Act does not apply
18to collective bargaining agreements pursuant to chapter 20
19which have been ratified in a ratification election referred
20to in section 20.17, subsection 4, for which an arbitrator
21has made a final determination as described in section 20.22,
22subsection 11, or which have become effective, where such
23events occurred before the effective date of this division of
24this Act. This division of this Act applies to all collective
25bargaining procedures provided for in chapter 20 occurring on
26and after the effective date of this division of this Act and
27collective bargaining agreements pursuant to chapter 20 for
28which a ratification election referred to in section 20.17,
29subsection 4, is held, for which an arbitrator makes a final
30determination as described in section 20.22, subsection 11,
31or which, unless otherwise provided in this section, become
32effective on or after the effective date of this division of
33this Act.
34DIVISION III
35personnel records and settlement agreements
-36-1 Sec. 50. Section 22.7, subsection 11, paragraph a,
2subparagraph (5), Code 2017, is amended to read as follows:
3(5) The fact that the individual resigned in lieu of
4termination, was discharged, or was demoted as the result
5of a final disciplinary action upon the exhaustion of all
6applicable contractual, legal, and statutory remedies , and the
7documented reasons and rationale for the resignation in lieu
8of termination, the discharge, or the demotion. For purposes
9of this subparagraph, “demoted” and “demotion” mean a change
10of an employee from a position in a given classification to a
11position in a classification having a lower pay grade.
12 Sec. 51. NEW SECTION. 22.13A Personnel settlement
13agreements — state employees — confidentiality — disclosure.
141. For purposes of this section:
15a. “Personnel settlement agreement” means a binding legal
16agreement between a state employee and the state employee’s
17employer, subject to section 22.13, to resolve a personnel
18dispute including but not limited to a grievance. “Personnel
19settlement agreement” does not include an initial decision by
20a state employee’s employer concerning a personnel dispute or
21grievance.
22b. “State employee” means an employee of the state who is
23an employee of the executive branch as described in sections
247E.2 and 7E.5.
252. Personnel settlement agreements shall not contain any
26confidentiality or nondisclosure provision that attempts to
27prevent the disclosure of the personnel settlement agreement.
28In addition, any confidentiality or nondisclosure provision in
29a personnel settlement agreement is void and unenforceable.
303. The requirements of this section shall not be superseded
31by any provision of a collective bargaining agreement.
324. All personnel settlement agreements shall be made easily
33accessible to the public on an internet site maintained as
34follows:
35a. For personnel settlement agreements with an employee of
-37-1the executive branch, excluding an employee of the state board
2of regents or institution under the control of the state board
3of regents, by the department of administrative services.
4b. For personnel settlement agreements with an employee of
5the state board of regents or institution under the control of
6the state board of regents, by the state board of regents.
75. a. A state agency shall not enter into a personnel
8settlement agreement with a state employee on behalf of the
9state unless the personnel settlement agreement is first
10reviewed by the attorney general or the attorney general’s
11designee. Additionally, a state agency shall not enter into a
12personnel settlement agreement with a state employee on behalf
13of the state unless the agreement has been approved in writing
14by the following individuals:
15(1) For a state agency other than an institution governed
16by the board of regents, the director of the department of
17management, the director of the department of administrative
18services, and the head of the state agency.
19(2) For an institution governed by the board of regents, the
20executive director of the board of regents and the head of the
21institution.
22b. If subparagraph (1) or (2) is not consistent with the
23provision of a collective bargaining agreement, a state agency
24shall provide the individuals referenced in this subsection,
25as applicable, with regular reports regarding any personnel
26settlement agreements entered into with state employees by the
27state agency.
28 Sec. 52. NEW SECTION. 22.15 Personnel records — discipline
29— employee notification.
30A government body that takes disciplinary action against an
31employee that may result in information described in section
3222.7, subsection 11, paragraph “a”, subparagraph (5), being
33placed in the employee’s personnel record, prior to taking such
34disciplinary action, shall notify the employee in writing that
35the information placed in the employee’s personnel file as a
-38-1result of the disciplinary action may become a public record.
2 Sec. 53. EFFECTIVE UPON ENACTMENT. This division of this
3Act, being deemed of immediate importance, takes effect upon
4enactment.
5 Sec. 54. APPLICABILITY. The section of this division of
6this Act amending section 22.7, subsection 11, applies to all
7information described in section 22.7, subsection 11, paragraph
8“a”, subparagraph (5), as amended by this division of this Act,
9relating to information placed in an individual’s personnel
10records on or after the effective date of this division of this
11Act.
12DIVISION IV
13CITY CIVIL SERVICE REQUIREMENTS
14 Sec. 55. Section 400.12, Code 2017, is amended to read as
15follows:
16400.12 Seniority — extinguishment — reestablishment.
171. For the purpose of determining the seniority rights of
18civil service employees, seniority shall be computed, beginning
19with the date of appointment to or employment in any positions
20for which they were certified or otherwise qualified and
21established as provided in this chapter, but shall not include
22any period of time exceeding sixty days in any one year during
23which they were absent from the service except for disability.
242. In the event that a civil service employee has more
25than one classification or grade, the length of the employee’s
26seniority rights shall date in the respective classifications
27or grades from and after the time the employee was appointed
28to or began employment in each classification or grade.
29In the event that an employee has been promoted from one
30classification or grade to another, the employee’s civil
31service seniority rights shall be continuous in any department
32grade or classification that the employee formerly held.
333. A list of all civil service employees shall be prepared
34and posted in the city hall by the civil service commission on
35or before July 1 of each year, indicating the civil service
-39-1standing of each employee as to the employee’s seniority.
24. Unless otherwise provided in a collective bargaining
3agreement, a city council may extinguish the seniority rights,
4including but not limited to seniority accrued, provided
5pursuant to this section to all civil service employees who
6are not employed or appointed as a fire fighter or police
7officer, fire chief or police chief, or assistant fire chief
8or assistant police chief. A city council may subsequently
9reestablish seniority rights extinguished pursuant to this
10section for all employees who are not employed or appointed as
11a fire fighter or police officer, fire chief or police chief,
12or assistant fire chief or assistant police chief. Seniority
13rights reestablished in this way may include, but are not
14required to include, accrual of seniority for employment prior
15to the reestablishment of such rights.
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 at least thirty percent of members who are public
25safety employees as defined in section 20.3 is a party shall
26provide additional procedures not inconsistent with this
27section for the 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, unnumbered paragraph 3, Code 2017,
8is amended to read as follows:
9The city or any civil service employee shall have a right to
10appeal to the district court from the final ruling or decision
11of the civil service commission. The appeal shall be taken
12within thirty days from the filing of the formal decision of
13the commission. The district court of the county in which the
14city is located shall have full jurisdiction of the appeal and
15the said appeal shall be a trial de novo as an equitable action
16in the district court. The scope of review for the appeal
17shall be limited to de novo appellate review without a trial
18or additional evidence.
19 Sec. 63. Section 400.28, Code 2017, is amended to read as
20follows:
21400.28 Employees — number diminished.
221. When the public interest requires A city council may
23implement a diminution of employees in a classification or
24grade under civil service, the city council, acting in good
25faith, may do either of the following:
26a. Abolish the office and remove the employee from
27the employee’s classification or grade thereunder. Such
28a diminution shall be carried out in accordance with any
29procedures provided in a collective bargaining agreement to
30which a bargaining unit that has at least thirty percent of
31members who are public safety employees as defined in section
3220.3 is a party, if applicable.
33b. Reduce the number of employees in any classification or
34grade by suspending the necessary number.
352. In case it thus becomes necessary to so remove or suspend
-43-1any such employees, the persons so removed or suspended shall
2be those having seniority of the shortest duration in the
3classifications or grades affected, and such seniority shall be
4computed as provided in section 400.12 for all persons holding
5seniority in the classification or grade affected, regardless
6of their seniority in any other classification or grade, but
7any such employee so removed from any classification or grade
8shall revert to the employee’s seniority in the next lower
9grade or classification; if such seniority is equal, then the
10one less efficient and competent as determined by the person or
11body having the appointing power shall be the one affected.
123. In case of removal or suspension, the civil service
13commission shall issue to each person affected one certificate
14showing the person’s comparative seniority or length of service
15in each of the classifications or grades from which the person
16is so removed and the fact that the person has been honorably
17removed. The certificate shall also list each classification
18or grade in which the person was previously employed. The
19person’s name shall be carried for a period of not less than
20three years after the suspension or removal on a preferred list
21and appointments or promotions made during that period to the
22person’s former duties in the classification or grade shall
23be made in the order of greater seniority from the preferred
24lists.
25 Sec. 64. EFFECTIVE UPON ENACTMENT. This division of this
26Act, being deemed of immediate importance, takes effect upon
27enactment.
28DIVISION V
29Health insurance matters
30 Sec. 65. NEW SECTION. 70A.41 Public employee health
31insurance.
32A public employer shall offer health insurance to all
33permanent, full-time public employees employed by the public
34employer. A public employer may offer health insurance to
35any other public employees employed by the public employer.
-44-1All costs of such health insurance shall be determined as
2otherwise provided by law. For purposes of this section,
3“public employer” and “public employee” mean the same as defined
4in section 20.3.
5 Sec. 66. STATE AND REGENTS EMPLOYEE HEALTH INSURANCE —
6OPEN ENROLLMENT PERIOD. A thirty-day enrollment and change
7period for health insurance coverage may be established and
8administered for any employees of the state of Iowa, the state
9board of regents, or an institution governed by the state board
10of regents eligible to participate in a health insurance plan
11offered by the state, state board, or institution pursuant to
12chapter 509A, if the affected employees are provided written
13notice of the period at least thirty days before the beginning
14of the period and if the first day of such a period occurs in
15calendar year 2017.
16 Sec. 67. EFFECTIVE UPON ENACTMENT. This division of this
17Act, being deemed of immediate importance, takes effect upon
18enactment.
je/rj/md
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’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.
22f. A peace officer designated by the department of
23transportation under section 321.477 who is subject to mandated
24law enforcement training.
25 NEW SUBSECTION. 12. “Supplemental pay” means a payment
26of moneys or other thing of value that is in addition to
27compensation received pursuant to any other permitted subject
28of negotiation specified in section 20.9 and is related to the
29employment relationship.
30 Sec. 2. Section 20.6, subsection 1, Code 2017, is amended
31to read as follows:
321. Interpret, apply, and administer Administer the
33provisions of this chapter.
34 Sec. 3. Section 20.6, Code 2017, is amended by adding the
35following new subsections:
-1-1 NEW SUBSECTION. 6. Appoint a certified shorthand reporter
2to report state employee grievance and discipline resolution
3proceedings pursuant to section 8A.415 and fix a reasonable
4amount of compensation for such service and for any transcript
5requested by the board, which amounts shall be taxed as other
6costs.
7 NEW SUBSECTION. 7. Contract with a vendor as the board may
8deem necessary to conduct elections required by section 20.15
9on behalf of the board. The board shall establish fees by rule
10pursuant to chapter 17A to cover the cost of elections required
11by section 20.15. Such fees shall be paid in advance of an
12election and shall be paid by each employee organization listed
13on the ballot.
14 Sec. 4. Section 20.7, subsection 2, Code 2017, is amended
15to read as follows:
162. Hire, evaluate, promote, demote, transfer, assign and
17retain public employees in positions within the public agency.
18 Sec. 5. Section 20.8, Code 2017, is amended by adding the
19following new subsection:
20 NEW SUBSECTION. 5. Exercise any right or seek any remedy
21provided by law, including but not limited to those rights and
22remedies available under sections 70A.28 and 70A.29, chapter
238A, subchapter IV, and chapters 216 and 400.
24 Sec. 6. Section 20.9, Code 2017, is amended to read as
25follows:
2620.9 Scope of negotiations.
271. The For negotiations regarding a bargaining unit with
28at least thirty percent of members who are public safety
29employees, the public employer and the employee organization
30shall meet at reasonable times, including meetings reasonably
31in advance of the public employer’s budget-making process,
32to negotiate in good faith with respect to wages, hours,
33vacations, insurance, holidays, leaves of absence, shift
34differentials, overtime compensation, supplemental pay,
35seniority, transfer procedures, job classifications, health
-2-1and safety matters, evaluation procedures, procedures for
2staff reduction, in-service training, grievance procedures
3for resolving any questions arising under the agreement, and
4other matters mutually agreed upon. Negotiations shall also
5include terms authorizing dues checkoff for members of the
6employee organization and grievance procedures for resolving
7any questions arising under the agreement, which shall be
8embodied in a written agreement and signed by the parties.
9If an agreement provides for dues checkoff, a member’s dues
10may be checked off only upon the member’s written request
11and the member may terminate the dues checkoff at any time
12by giving thirty days’ written notice. For negotiations
13regarding a bargaining unit that does not have at least
14thirty percent of members who are public safety employees,
15the public employer and the employee organization shall meet
16at reasonable times, including meetings reasonably in advance
17of the public employer’s budget-making process, to negotiate
18in good faith with respect to base wages and other matters
19mutually agreed upon. Such obligation to negotiate in good
20faith does not compel either party to agree to a proposal
21or make a concession. Mandatory subjects of negotiation
22specified in this subsection shall be interpreted narrowly and
23restrictively.
242. Nothing in this section shall diminish the authority
25and power of the department of administrative services, board
26of regents’ merit system, Iowa public broadcasting board’s
27merit system, or any civil service commission established by
28constitutional provision, statute, charter, or special act to
29recruit employees, prepare, conduct, and grade examinations,
30rate candidates in order of their relative scores for
31certification for appointment or promotion or for other matters
32of classification, reclassification, or appeal rights in the
33classified service of the public employer served.
343. All retirement systems, dues checkoffs, and other
35payroll deductions for political action committees or other
-3-1political contributions or political activities shall be
2excluded from the scope of negotiations. For negotiations
3regarding a bargaining unit that does not have at least thirty
4percent of members who are public safety employees, insurance,
5leaves of absence for political activities, supplemental pay,
6transfer procedures, evaluation procedures, procedures for
7staff reduction, and subcontracting public services shall also
8be 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 20.22, subsections 2, 3, 7, 8, and 9, Code
342017, are amended to read as follows:
352. Each party shall serve its final offer on each of
-10-1the impasse items upon the other party within four days of
2the board’s receipt of the request for arbitration, or by a
3deadline otherwise agreed upon by the parties. The parties may
4continue to negotiate all offers until an agreement is reached
5or an award is rendered by the arbitrator. The full costs of
6arbitration under this section shall be shared equally by the
7parties to the dispute.
83. The submission of the impasse items to the arbitrator
9shall be limited to those items upon which the parties have
10not reached agreement. With respect to each such item, the
11arbitrator’s award shall be restricted to the final offers on
12each impasse item submitted by the parties to the arbitrator,
13except as provided in subsection 9, paragraph “b”.
147. The For an arbitration involving a bargaining unit that
15has at least thirty percent of members who are public safety
16employees, the arbitrator shall consider and specifically
17address in the arbitrator’s determination, in addition to any
18other relevant factors, the following factors:
19a. Past collective bargaining contracts between the parties
20including the bargaining that led up to such contracts.
21b. Comparison of wages, hours and conditions of employment
22of the involved public employees with those of other public
23employees doing comparable work, giving consideration to
24factors peculiar to the area and the classifications involved.
25c. The interests and welfare of the public, the ability of
26the public employer to finance economic adjustments and the
27effect of such adjustments on the normal standard of services.
28d. The power of the public employer to levy taxes and
29appropriate funds for the conduct of its operations.
308. a. The arbitrator may administer oaths, examine
31witnesses and documents, take testimony and receive evidence,
32and issue subpoenas to compel the attendance of witnesses and
33the production of records. The arbitrator may petition the
34district court at the seat of government or of the county
35in which the hearing is held to enforce the order of the
-11-1arbitrator compelling the attendance of witnesses and the
2production of records.
3b. Except as required for purposes of the consideration of
4the factors specified in subsection 7, paragraphs “a” through
5“c”, and subsection 7A, paragraph “a”, subparagraphs (1) through
6(3), the parties shall not introduce, and the arbitrator
7shall not accept or consider, any direct or indirect evidence
8regarding any subject excluded from negotiations pursuant to
9section 20.9.
109. a. The arbitrator shall select within fifteen days after
11the hearing the most reasonable offer, in the arbitrator’s
12judgment, of the final offers on each impasse item submitted
13by the parties.
14b. (1) However, for an arbitration involving a bargaining
15unit that does not have at least thirty percent of members who
16are public safety employees, with respect to any increase in
17base wages, the arbitrator’s award shall not exceed the lesser
18of the following percentages in any one-year period in the
19duration of the bargaining agreement:
20(a) Three percent.
21(b) A percentage equal to the increase in the consumer
22price index for all urban consumers for the midwest region,
23if any, as determined by the United States department of
24labor, bureau of labor statistics, or a successor index. Such
25percentage shall be the change in the consumer price index
26for the twelve-month period beginning eighteen months prior
27to the month in which the impasse item regarding base wages
28was submitted to the arbitrator and ending six months prior to
29the month in which the impasse item regarding base wages was
30submitted to the arbitrator.
31(2) To assist the parties in the preparation of their final
32offers on an impasse item regarding base wages, the board
33shall provide information to the parties regarding the change
34in the consumer price index for all urban consumers for the
35midwest region for any twelve-month period. The department of
-12-1workforce development shall assist the board in preparing such
2information upon request.
3 Sec. 13. Section 20.22, Code 2017, is amended by adding the
4following new subsection:
5 NEW SUBSECTION. 7A. For an arbitration involving a
6bargaining unit that does not have at least thirty percent of
7members who are public safety employees, the following shall
8apply:
9a. The arbitrator shall consider and specifically address
10in the arbitrator’s determination, in addition to any other
11relevant factors, the following factors:
12(1) Comparison of base wages, hours, and conditions of
13employment of the involved public employees with those of other
14public employees doing comparable work, giving consideration to
15factors peculiar to the area and the classifications involved.
16To the extent adequate, applicable data is available,
17the arbitrator shall also compare base wages, hours, and
18conditions of employment of the involved public employees
19with those of private sector employees doing comparable work,
20giving consideration to factors peculiar to the area and the
21classifications involved.
22(2) The interests and welfare of the public.
23(3) The financial ability of the employer to meet the cost
24of an offer in light of the current economic conditions of the
25public employer. The arbitrator shall give substantial weight
26to evidence that the public employer’s authority to utilize
27funds is restricted to special purposes or circumstances
28by state or federal law, rules, regulations, or grant
29requirements.
30b. The arbitrator shall not consider the following factors:
31(1) Past collective bargaining agreements between the
32parties or bargaining that led to such agreements.
33(2) The public employer’s ability to fund an award through
34the increase or imposition of new taxes, fees, or charges, or
35to develop other sources of revenues.
-13-1 Sec. 14. Section 20.26, unnumbered paragraph 4, Code 2017,
2is amended to read as follows:
3Nothing in this section shall be construed to prohibit
4voluntary contributions by individuals to political parties
5or candidates, provided that such contributions are not made
6through payroll deductions.
7 Sec. 15. Section 20.29, Code 2017, is amended to read as
8follows:
920.29 Filing agreement — public access — internet site.
101. Collective bargaining agreements shall be in writing and
11shall be signed by the parties.
122. A copy of a collective bargaining agreement entered into
13between a public employer and a certified employee organization
14and made final under this chapter shall be filed with the board
15by the public employer within ten days of the date on which the
16agreement is entered into.
173. Copies of collective bargaining agreements entered
18into between the state and the state employees’ bargaining
19representatives and made final under this chapter shall be
20filed with the secretary of state and be made available to the
21public at cost.
224. The board shall maintain an internet site that allows
23searchable access to a database of collective bargaining
24agreements and other collective bargaining information.
25 Sec. 16. Section 20.30, Code 2017, is amended by striking
26the section and inserting in lieu thereof the following:
2720.30 Supervisory member — no reduction before retirement.
28A supervisory member of any department or agency employed by
29the state of Iowa shall not be granted a voluntary reduction
30to a nonsupervisory rank or grade during the thirty-six
31months preceding retirement of the member. A member of any
32department or agency employed by the state of Iowa who retires
33in less than thirty-six months after voluntarily requesting and
34receiving a reduction in rank or grade from a supervisory to a
35nonsupervisory position shall be ineligible for a benefit to
-14-1which the member is entitled as a nonsupervisory member but is
2not entitled as a supervisory member.
3 Sec. 17. Section 20.31, subsection 2, unnumbered paragraph
41, Code 2017, is amended to read as follows:
5A mediator shall not be required to testify in any judicial,
6administrative, arbitration, or grievance proceeding regarding
7any matters occurring in the course of a mediation, including
8any verbal or written communication or behavior, other than
9facts relating exclusively to the timing or scheduling of
10mediation. A mediator shall not be required to produce or
11disclose any documents, including notes, memoranda, or other
12work product, relating to mediation, other than documents
13relating exclusively to the timing or scheduling of mediation.
14This subsection shall not apply in any of the following
15circumstances:
16 Sec. 18. NEW SECTION. 20.32 Transit employees —
17applicability.
18All provisions of this chapter applicable to employees
19described in section 20.3, subsection 10A, shall be applicable
20on the same terms and to the same degree to any transit
21employee if it is determined by the director of the department
22of transportation, upon written confirmation from the United
23States department of labor, that a public employer would
24lose federal funding under 49 U.S.C. §5333(b) if the transit
25employee is not covered under certain collective bargaining
26rights.
27 Sec. 19. Section 22.7, subsection 69, Code 2017, is amended
28to read as follows:
2969. The evidence of public employee support for
30the certification, retention and recertification, or
31decertification of an employee organization as defined in
32section 20.3 that is submitted to the public employment
33relations board as provided in sections section 20.14 and or
34 20.15.
35 Sec. 20. Section 22.7, Code 2017, is amended by adding the
-15-1following new subsection:
2 NEW SUBSECTION. 70. Information indicating whether
3a public employee voted in a certification, retention and
4recertification, or decertification election held pursuant to
5section 20.15 or how the employee voted on any question on a
6ballot in such an election.
7 Sec. 21. Section 70A.17A, subsection 3, Code 2017, is
8amended by striking the subsection.
9 Sec. 22. Section 70A.19, Code 2017, is amended by striking
10the section and inserting in lieu thereof the following:
1170A.19 Payroll deduction for employee organization dues
12prohibited.
13The state, a state agency, a regents institution, a board of
14directors of a school district, a community college, or an area
15education agency, a county board of supervisors, a governing
16body of a city, or any other public employer as defined in
17section 20.3 shall not authorize or administer a deduction from
18the salaries or wages of its employees for membership dues to
19an employee organization as defined in section 20.3.
20 Sec. 23. Section 412.2, subsection 1, Code 2017, is amended
21to read as follows:
221. From the proceeds of the assessments on the wages
23and salaries of employees, of any such waterworks system,
24or other municipally owned and operated public utility,
25eligible to receive the benefits thereof. Notwithstanding
26any provisions of section 20.9 to the contrary, a council,
27board of waterworks, or other board or commission which
28establishes a pension and annuity retirement system pursuant to
29this chapter, shall negotiate in good faith with a certified
30employee organization as defined in section 20.3, which is the
31collective bargaining representative of the employees, with
32respect to the amount or rate of the assessment on the wages
33and salaries of employees and the method or methods for payment
34of the assessment by the employees.
35 Sec. 24. Section 602.1401, subsection 3, paragraph b, Code
-16-12017, is amended to read as follows:
2b. For purposes of chapter 20, the certified representative,
3which on July 1, 1983, represents employees who become judicial
4branch employees as a result of 1983 Iowa Acts, ch.186, shall
5remain the certified representative when the employees become
6judicial branch employees and thereafter, unless the public
7employee organization is not retained and recertified or is
8 decertified in an election held under section 20.15 or amended
9or absorbed into another certified organization pursuant to
10chapter 20. Collective bargaining negotiations shall be
11conducted on a statewide basis and the certified employee
12organizations which engage in bargaining shall negotiate on a
13statewide basis, although bargaining units shall be organized
14by judicial district. The public employment relations board
15shall adopt rules pursuant to chapter 17A to implement this
16subsection.
17 Sec. 25. TRANSITION PROCEDURES — EMERGENCY RULES.
181. As of the effective date of this division of this Act,
19parties, mediators, and arbitrators engaging in any collective
20bargaining procedures provided for in chapter 20, Code 2017,
21who have not, before the effective date of this division
22of this Act, completed such procedures, shall immediately
23terminate any such procedures in process. A collective
24bargaining agreement negotiated pursuant to such procedures in
25process shall not become effective. Parties, mediators, and
26arbitrators shall not engage in further collective bargaining
27procedures except as provided in this section. Such parties,
28on or after the effective date of this division of this Act,
29may commence collective bargaining in accordance with section
3020.17, as amended in this division of this Act. If such
31parties include a state public employer and a state employee
32organization, negotiation of a proposed collective bargaining
33agreement to become effective during the remainder of calendar
34year 2017 shall be complete not later than March 15, 2017,
35unless the parties mutually agree to a different deadline.
-17-1If such parties include public employees represented by a
2certified employee organization who are employed by a public
3employer which is a school district, area education agency,
4or community college, negotiation of a proposed collective
5bargaining agreement to become effective during the remainder
6of calendar year 2017 shall be complete not later than June
730, 2017, unless the parties mutually agree to a different
8deadline.
92. The public employment relations board shall adopt
10emergency rules under section 17A.4, subsection 3, and section
1117A.5, subsection 2, paragraph “b”, to provide for procedures
12as deemed necessary to implement the provisions of this section
13and the rules shall be effective immediately upon filing
14unless a later date is specified in the rules. Such rules
15shall include but are not limited to alternative deadlines for
16completion of the procedures provided in sections 20.17 and
1720.22, as amended by this division of this Act, and sections
1820.19 and 20.20, which deadlines may be waived by mutual
19agreement of the parties.
20 Sec. 26. EFFECTIVE UPON ENACTMENT. This division of this
21Act, being deemed of immediate importance, takes effect upon
22enactment.
23 Sec. 27. APPLICABILITY.
241. With the exception of the section of this division of
25this Act amending section 20.6, subsection 1, this division of
26this Act does not apply to collective bargaining agreements
27which have been ratified in a ratification election referred
28to in section 20.17, subsection 4, for which an arbitrator
29has made a final determination as described in section 20.22,
30subsection 11, or which have become effective, where such
31events occurred before the effective date of this division of
32this Act. This division of this Act applies to all collective
33bargaining procedures provided for in chapter 20 occurring
34on and after the effective date of this division of this Act
35and collective bargaining agreements for which a ratification
-18-1election referred to in section 20.17, subsection 4, is
2held, for which an arbitrator makes a final determination as
3described in section 20.22, subsection 11, or which, unless
4otherwise provided in this section, become effective on or
5after the effective date of this division of this Act.
62. The provision of this division of this Act amending
7section 70A.19 does not apply to dues deductions required by
8collective bargaining agreements which have been ratified in a
9ratification election referred to in section 20.17, subsection
104, for which an arbitrator has made a final determination as
11described in section 20.22, subsection 11, or which have become
12effective, where such events occurred before the effective date
13of this division of this Act.
143. Section 20.15, subsection 2, as enacted by this division
15of this Act, does not apply to collective bargaining agreements
16with expiration dates occurring before April 1, 2018.
17DIVISION II
18EDUCATOR employment matters
19 Sec. 28. Section 279.13, subsections 2 and 5, Code 2017, are
20amended to read as follows:
212. The contract shall remain in force and effect for the
22period stated in the contract and shall be automatically
23continued for equivalent periods except as modified or
24terminated by mutual agreement of the board of directors and
25the teacher or as modified or terminated in accordance with
26the provisions specified in this chapter. A contract shall
27not be offered by the employing board to a teacher under its
28jurisdiction prior to March 15 of any year. A teacher who has
29not accepted a contract for the ensuing school year tendered
30by the employing board may resign effective at the end of the
31current school year by filing a written resignation with the
32secretary of the board. The resignation must be filed not
33later than the last day of the current school year or the date
34specified by the employing board for return of the contract,
35whichever date occurs first. However, a teacher shall not be
-19-1required to return a contract to the board or to resign less
2than twenty-one days after the contract has been offered.
35. Notwithstanding the other provisions of this section, a
4temporary contract may be issued to a teacher for a period of
5up to six months. Notwithstanding the other provisions of this
6section, a temporary contract may also be issued to a teacher
7 to fill a vacancy created by a leave of absence in accordance
8with the provisions of section 29A.28, which contract shall
9automatically terminate upon return from military leave of the
10former incumbent of the teaching position and which contract.
11Temporary contracts shall not be subject to the provisions of
12sections 279.15 through 279.19, or section 279.27. A separate
13extracurricular contract issued pursuant to section 279.19A to
14a person issued a temporary contract under this section shall
15automatically terminate with the termination of the temporary
16contract as required under section 279.19A, subsection 8.
17 Sec. 29. Section 279.13, subsection 4, unnumbered paragraph
181, Code 2017, is amended to read as follows:
19For purposes of this section, sections 279.14, 279.15
20through 279.17, 279.16, 279.19, and 279.27, unless the context
21otherwise requires, “teacher” includes the following individuals
22employed by a community college:
23 Sec. 30. Section 279.14, Code 2017, is amended to read as
24follows:
25279.14 Evaluation criteria and procedures.
261. The board shall establish evaluation criteria and shall
27implement evaluation procedures. If an exclusive bargaining
28representative has been certified, the board shall negotiate
29in good faith with respect to evaluation procedures pursuant
30to chapter 20.
312. The determination of standards of performance expected
32of school district personnel shall be reserved as an exclusive
33management right of the school board and shall not be subject
34to mandatory negotiations under chapter 20. Notwithstanding
35chapter 20, objections Objections to the procedures, use, or
-20-1content of an evaluation in a teacher termination proceeding
2brought before the school board in a hearing held in accordance
3with section 279.16 or 279.27 shall not be subject to the any
4 grievance procedures negotiated in accordance with chapter
520. A school district shall not be obligated to process
6any evaluation grievance after service of a notice and
7recommendation to terminate an individual’s continuing teaching
8contract in accordance with this chapter.
9 Sec. 31. Section 279.15, subsection 2, paragraph c, Code
102017, is amended to read as follows:
11c. Within five days of the receipt of the written notice
12that the superintendent is recommending termination of the
13contract, the teacher may request, in writing to the secretary
14of the board, a private hearing with the board. The private
15hearing shall not be subject to chapter 21 and shall be held
16no sooner than ten twenty days and no later than twenty forty
17 days following the receipt of the request unless the parties
18otherwise agree. The secretary of the board shall notify the
19teacher in writing of the date, time, and location of the
20private hearing, and at least five ten days before the hearing
21shall also furnish to the teacher any documentation which
22may be presented to the board at the private hearing and a
23list of persons who may address the board in support of the
24superintendent’s recommendation at the private hearing. At
25least three seven days before the hearing, the teacher shall
26provide any documentation the teacher expects to present at
27the private hearing, along with the names of any persons who
28may address the board on behalf of the teacher. This exchange
29of information shall be at the time specified unless otherwise
30agreed.
31 Sec. 32. Section 279.16, subsections 1, 2, 6, 7, 8, 9, and
3210, Code 2017, are amended to read as follows:
331. The participants at the private hearing shall be at
34least a majority of the members of the board, and their
35legal representatives, if any, the and the witnesses for the
-21-1parties. The superintendent, the superintendent’s designated
2representatives, if any, the teacher’s immediate supervisor,
3the teacher, and the teacher’s representatives, if any, and the
4witnesses for the parties may participate in the hearing as
5well. The evidence at the private hearing shall be limited to
6the specific reasons stated in the superintendent’s notice of
7recommendation of termination. No A participant in the hearing
8shall not be liable for any damages to any person if any
9statement at the hearing is determined to be erroneous as long
10as the statement was made in good faith. The superintendent
11shall present evidence and argument on all issues involved and
12the teacher may cross-examine, respond, and present evidence
13and argument in the teacher’s behalf relevant to all issues
14involved. Evidence may be by stipulation of the parties and
15informal settlement may be made by stipulation, consent, or
16default or by any other method agreed upon by the parties in
17writing. The board shall employ a certified shorthand reporter
18to keep a record of the private hearing. The proceedings
19or any part thereof shall be transcribed at the request of
20either party with the expense of transcription charged to the
21requesting party.
222. The presiding officer of the board may administer oaths
23in the same manner and with like effect and under the same
24penalties as in the case of magistrates exercising criminal
25or civil jurisdiction. The board shall cause subpoenas to be
26issued for such witnesses and the production of such books
27and papers as either the board or the teacher may designate.
28The subpoenas shall be signed by the presiding officer of the
29board.
306. If the teacher fails to timely request a private hearing
31or does not appear at the private hearing, the board may
32proceed and make a determination upon the superintendent’s
33recommendation. If the teacher fails to timely file a request
34for a private hearing, the determination shall be not later
35than May 31. If the teacher fails to appear at the private
-22-1hearing, the determination shall be not later than five days
2after the scheduled date for the private hearing. The board
3shall convene in open session and by roll call vote determine
4the termination or continuance of the teacher’s contract
5and, if the board votes to continue the teacher’s contract,
6whether to suspend the teacher with or without pay for a
7period specified by the board or issue the teacher a one-year,
8nonrenewable contract.
97. Within five days after the private hearing, the board
10shall, in executive session, meet to make a final decision
11upon the recommendation and the evidence as herein provided.
12The board shall also consider any written brief and arguments
13submitted by the superintendent and the teacher.
148. a. The record for a private hearing shall include:
15a. (1) All pleadings, motions, and intermediate rulings.
16b. (2) All evidence received or considered and all other
17submissions.
18c. (3) A statement of all matters officially noticed.
19d. (4) All questions and offers of proof, objections, and
20rulings thereon.
21e. (5) All findings and exceptions.
22f. (6) Any decision, opinion, or conclusion by the board.
23g. Findings of fact
24b. The decision of the boardshall be based solely on the
25evidence in the record and on matters officially noticed in the
26record.
279. The decision of the board shall be in writing and shall
28include findings of fact and conclusions of law, separately
29stated. Findings of fact, if set forth in statutory language,
30shall be accompanied by a concise and explicit statement of the
31underlying facts and supporting the findings. Each conclusion
32of law shall be supported by cited authority or by reasoned
33opinion.
3410. When the board has reached a decision, opinion, or
35conclusion, it shall convene in open meeting and by roll
-23-1call vote determine the continuance or discontinuance of
2the teacher’s contract and, if the board votes to continue
3the teacher’s contract, whether to suspend the teacher with
4or without pay for a period specified by the board or issue
5the teacher a one-year, nonrenewable contract. The record
6of the private conference hearing and findings of fact and
7exceptions written decision of the board shall be exempt from
8the provisions of chapter 22. The secretary of the board shall
9immediately mail notice of the board’s action to the teacher.
10 Sec. 33. Section 279.16, subsections 3 and 5, Code 2017, are
11amended by striking the subsections.
12 Sec. 34. Section 279.18, Code 2017, is amended to read as
13follows:
14279.18 Appeal by either party teacher to court.
151. If either party a teacher rejects the adjudicator’s
16 board’s decision, the rejecting party teacher shall, within
17thirty days of the initial filing of such decision, appeal to
18the district court of the county in which the administrative
19office of the school district is located. The notice of
20appeal shall be immediately mailed by certified mail to the
21other party board. The adjudicator secretary of the board
22 shall transmit to the reviewing court the original or a
23certified copy of the entire record which may be the subject
24of the petition. By stipulation of all parties to the review
25proceedings, the record of such a case may be shortened. A
26party unreasonably refusing to stipulate to limit the record
27may be taxed by the court for the additional cost. The court
28may require or permit subsequent corrections or additions to
29the shortened record.
302. In proceedings for judicial review of the adjudicator’s
31 board’s decision, the court shall not hear any further evidence
32but shall hear the case upon the certified record. In such
33judicial review, especially when considering the credibility
34of witnesses, the court shall give weight to the fact findings
35 decision of the board;, but shall not be bound by them it.
-24-1The court may affirm the adjudicator’s board’s decision or
2remand to the adjudicator or the board for further proceedings
3upon conditions determined by the court. The court shall
4reverse, modify, or grant any other appropriate equitable or
5legal relief from the board decision, or the adjudicator’s
6decision equitable or legal and including declaratory relief,
7 if substantial rights of the petitioner have been prejudiced
8because the action is any of the following:
9a. In violation of constitutional or statutory provisions;
10or.
11b. In excess of the statutory authority of the board or the
12adjudicator; or.
13c. In violation of a board rule or policy or contract; or.
14d. Made upon unlawful procedure; or.
15e. Affected by other error of law; or.
16f. Unsupported by a preponderance of the competent evidence
17in the record made before the board and the adjudicator when
18that record is viewed as a whole; or.
19g. Unreasonable, arbitrary, or capricious or characterized
20by an abuse of discretion or a clearly unwarranted exercise of
21discretion.
223. An aggrieved or adversely affected party to the judicial
23review proceeding may obtain a review of any final judgment of
24the district court by appeal to the supreme court. The appeal
25shall be taken as in other civil cases, although the appeal may
26be taken regardless of the amount involved.
274. For purposes of this section, unless the context
28otherwise requires, “rejecting party” “teacher” shall include,
29but not be limited to, an instructor employed by a community
30college.
31 Sec. 35. Section 279.19, Code 2017, is amended to read as
32follows:
33279.19 Probationary period.
341. The first three consecutive years of employment of
35a teacher in the same school district are a probationary
-25-1period. However, if the teacher has successfully completed a
2probationary period of employment for another school district
3located in Iowa, the probationary period in the current
4district of employment shall not exceed one year two years.
5A board of directors may waive the probationary period for
6any teacher who previously has served a probationary period
7in another school district and the board may extend the
8probationary period for an additional year with the consent of
9the teacher.
102. In the case of the termination of a probationary
11teacher’s contract, the contract may be terminated by the board
12of directors effective at the end of a school year without
13cause. The superintendent or the superintendent’s designee
14shall notify the teacher not later than April 30 that the
15board has voted to terminate the contract effective at the
16end of the school year. The notice shall be in writing by
17letter, personally delivered, or mailed by certified mail. The
18notification shall be complete when received by the teacher.
19Within ten days after receiving the notice, the teacher may
20request a private conference with the school board to discuss
21the reasons for termination. The provisions of sections 279.15
22and 279.16 shall not apply to such a termination. However,
23if the probationary teacher is a beginning teacher who fails
24to demonstrate competence in the Iowa teaching standards in
25accordance with chapter 284, the provisions of sections 279.17
26 and 279.18 shall also apply.
273. The board’s decision shall be final and binding unless
28the termination was based upon an alleged violation of a
29constitutionally guaranteed right of the teacher or an alleged
30violation of public employee rights of the teacher under
31section 20.10.
32Notwithstanding any provision to the contrary, the
33grievance procedures of section 20.18 relating to job
34performance or job retention shall not apply to a teacher
35during the first two years of the teacher’s probationary
-26-1period. However, this paragraph shall not apply to a teacher
2who has successfully completed a probationary period in a
3school district in Iowa.
4 Sec. 36. Section 279.19A, subsections 1, 2, 7, and 8, Code
52017, are amended to read as follows:
61. School districts employing individuals to coach
7interscholastic athletic sports shall issue a separate
8extracurricular contract for each of these sports. An
9extracurricular contract offered under this section shall be
10separate from the contract issued under section 279.13. Wages
11for employees who coach these sports shall be paid pursuant
12to established or negotiated supplemental pay schedules.
13 An extracurricular contract shall be in writing, and shall
14state the number of contract days for that sport, the annual
15compensation to be paid, and any other matters as may be
16mutually agreed upon. The contract shall be for a single
17school year.
182. a. An extracurricular contract shall be continued
19automatically in force and effect for equivalent periods,
20except as modified or terminated by mutual agreement of
21the board of directors and the employee, or terminated in
22accordance with this section. An extracurricular contract
23shall initially be offered by the employing board to an
24individual on the same date that contracts are offered to
25teachers under section 279.13. An extracurricular contract
26may be terminated at the end of a school year pursuant to
27sections 279.15 through 279.19. If the school district offers
28an extracurricular contract for a sport for the subsequent
29school year to an employee who is currently performing
30under an extracurricular contract for that sport, and the
31employee does not wish to accept the extracurricular contract
32for the subsequent year, the employee may resign from the
33extracurricular contract within twenty-one days after it has
34been received.
35b. Section 279.13, subsection 3, applies to this section.
-27-1 If the provisions of an extracurricular contract executed
2under this section conflict with a collective bargaining
3agreement negotiated under chapter 20 and effective when the
4extracurricular contract is executed or renewed, the provisions
5of the collective bargaining agreement shall prevail.
67. An extracurricular contract may be terminated prior to
7the expiration of that contract pursuant to section 279.27 for
8any lawful reason following an informal, private hearing before
9the board of directors. The decision of the board to terminate
10an extracurricular contract shall be final.
118. a. A termination proceeding of regarding an
12extracurricular contract either by the board pursuant to
13subsection 2 or pursuant to section 279.27 does shall not
14affect a contract issued pursuant to section 279.13.
15b. A termination of a contract entered into pursuant to
16section 279.13, or a resignation from that contract by the
17teacher, constitutes an automatic termination or resignation of
18the extracurricular contract in effect between the same teacher
19and the employing school board.
20 Sec. 37. Section 279.23, subsection 1, paragraph c, Code
212017, is amended to read as follows:
22c. The rate of compensation per week of five consecutive
23days or month of four consecutive weeks.
24 Sec. 38. Section 279.23, subsection 5, Code 2017, is amended
25to read as follows:
265. Notwithstanding the other provisions of this section,
27a temporary contract may be issued to an administrator for
28up to nine months. Notwithstanding the other provisions of
29this section, a temporary contract may also be issued to
30an administrator to fill a vacancy created by a leave of
31absence in accordance with the provisions of section 29A.28,
32which contract shall automatically terminate upon return from
33military leave of the former incumbent of the administrator
34position and which contract. Temporary contracts shall not be
35subject to the provisions of sections 279.24 and 279.25.
-28-1 Sec. 39. Section 279.24, subsections 2 and 4, Code 2017, are
2amended to read as follows:
32. If the board of directors is considering termination of
4an administrator’s contract, prior to any formal action, the
5board may arrange to meet in closed session, in accordance with
6the provisions of section 21.5, with the administrator and the
7administrator’s representative. The board shall review the
8administrator’s evaluation, review the reasons for nonrenewal,
9and give the administrator an opportunity to respond. If,
10following the closed session, the board of directors and the
11administrator are unable to mutually agree to a modification or
12termination of the administrator’s contract, or the board of
13directors and the administrator are unable to mutually agree
14to enter into may issue a one-year nonrenewable contract,
15 to the administrator. If the board of directors decides to
16terminate the administrator’s contract, the board shall follow
17the procedures in this section.
184. Administrators employed in a school district for
19less than two three consecutive years are probationary
20administrators. However, a school board may waive the
21probationary period for any administrator who has previously
22served a probationary period in another school district and
23the school board may extend the probationary period for an
24additional year with the consent of the administrator. If a
25school board determines that it should terminate a probationary
26administrator’s contract, the school board shall notify the
27administrator not later than May 15 that the contract will not
28be renewed beyond the current year. The notice shall be in
29writing by letter, personally delivered, or mailed by certified
30mail. The notification shall be complete when received by the
31administrator. Within ten days after receiving the notice, the
32administrator may request a private conference with the school
33board to discuss the reasons for termination. The school
34board’s decision to terminate a probationary administrator’s
35contract shall be final unless the termination was based upon
-29-1an alleged violation of a constitutionally guaranteed right of
2the administrator.
3 Sec. 40. Section 279.24, subsection 5, paragraphs c, d, e,
4f, g, and h, Code 2017, are amended to read as follows:
5c. Within five days after receipt of the written notice
6that the school board has voted to consider termination of
7the contract, the administrator may request a private hearing
8 in writing to the secretary of the school board that. The
9board shall then forward the notification be forwarded to
10the board of educational examiners along with a request that
11the board of educational examiners submit a list of five
12qualified administrative law judges to the parties. Within
13three days from receipt of the list the parties shall select an
14administrative law judge by alternately removing a name from
15the list until only one name remains. The person whose name
16remains shall be the administrative law judge. The parties
17shall determine by lot which party shall remove the first
18name from the list. The private hearing shall be held no
19sooner than ten twenty days and not later than thirty forty
20 days following the administrator’s request unless the parties
21otherwise agree. If the administrator does not request a
22private hearing, the school board, not later than May 31, may
23determine the continuance or discontinuance of the contract
24and, if the board determines to continue the administrator’s
25contract, whether to suspend the administrator with or without
26pay for a period specified by the board. School board action
27shall be by majority roll call vote entered on the minutes of
28the meeting. Notice of school board action shall be personally
29delivered or mailed to the administrator.
30d. The administrative law judge selected shall notify
31the secretary of the school board and the administrator in
32writing concerning the date, time, and location of the private
33 hearing. The school board may be represented by a legal
34representative, if any, and the administrator shall appear and
35may be represented by counsel or by representative, if any.
-30- 1Any witnesses for the parties at the private hearing shall be
2sequestered. A transcript or recording shall be made of the
3proceedings at the private hearing. A school board member or
4administrator is not liable for any damage to an administrator
5or school board member if a statement made at the private
6 hearing is determined to be erroneous as long as the statement
7was made in good faith.
8e. The administrative law judge shall, within ten days
9following the date of the private hearing, make a proposed
10decision as to whether or not the administrator should be
11dismissed, and shall give a copy of the proposed decision to
12the administrator and the school board. Findings of fact shall
13be prepared by the administrative law judge. The proposed
14decision of the administrative law judge shall become the final
15decision of the school board unless within ten thirty days
16after the filing of the decision the administrator files a
17written notice of appeal with the school board, or the school
18board on its own motion determines to review the decision.
19f. If the administrator appeals to the school board, or if
20the school board determines on its own motion to review the
21proposed decision of the administrative law judge, a private
22hearing shall be held before the school board within five ten
23 days after the petition for review, or motion for review, has
24been made or at such other time as the parties agree. The
25private hearing is not subject to chapter 21. The school board
26may hear the case de novo upon the record as submitted before
27the administrative law judge. In cases where there is an
28appeal from a proposed decision or where a proposed decision
29is reviewed on motion of the school board, an opportunity
30shall be afforded to each party to file exceptions, present
31briefs, and present oral arguments to the school board which
32is to render the final decision. The secretary of the school
33board shall give the administrator written notice of the time,
34place, and date of the private hearing. The school board shall
35meet within five days after the private hearing to determine
-31-1the question of continuance or discontinuance of the contract
2and, if the board determines to continue the administrator’s
3contract, whether to suspend the administrator with or
4without pay for a period specified by the board or issue the
5administrator a one-year, nonrenewable contract. The school
6board shall make findings of fact which shall be based solely
7on the evidence in the record and on matters officially noticed
8in the record.
9g. The decision of the school board shall be in writing
10and shall include findings of fact and conclusions of law,
11separately stated. Findings of fact, if set forth in statutory
12language, shall be accompanied by a concise and explicit
13statement of the underlying facts supporting the findings.
14Each conclusion of law shall be supported by cited authority
15or by reasoned opinion.
16h. When the school board has reached a decision, opinion,
17or conclusion, it shall convene in open meeting and by roll
18call vote determine the continuance or discontinuance of
19the administrator’s contract and, if the board votes to
20continue the administrator’s contract, whether to suspend the
21administrator with or without pay for a period specified by
22the board or issue the administrator a one-year, nonrenewable
23contract. The record of the private conference hearing
24 and findings of fact and exceptions written decision of the
25board shall be exempt from the provisions of chapter 22. The
26secretary of the school board shall immediately personally
27deliver or mail notice of the school board’s action to the
28administrator.
29 Sec. 41. Section 279.27, Code 2017, is amended to read as
30follows:
31279.27 Discharge of teacher.
321. A teacher may be discharged at any time during the
33contract year for just cause. The superintendent or the
34superintendent’s designee, shall notify the teacher immediately
35that the superintendent will recommend in writing to the board
-32-1at a regular or special meeting of the board held not more
2than fifteen days after notification has been given to the
3teacher that the teacher’s continuing contract be terminated
4effective immediately following a decision of the board. The
5procedure for dismissal shall be as provided in section 279.15,
6subsection 2, and sections 279.16 to through 279.19. The
7superintendent may suspend a teacher under this section pending
8hearing and determination by the board.
92. For purposes of this section, “just cause” includes
10but is not limited to a violation of the code of professional
11conduct and ethics of the board of educational examiners if
12the board has taken disciplinary action against a teacher,
13during the six months following issuance by the board of a
14final written decision and finding of fact after a disciplinary
15proceeding.
16 Sec. 42. Section 284.3, subsection 2, Code 2017, is amended
17to read as follows:
182. A school board shall provide for the following:
19a. For purposes of comprehensive evaluations, standards
20and criteria which measure a beginning teacher’s performance
21against the Iowa teaching standards specified in subsection 1,
22and the criteria for the Iowa teaching standards developed by
23the department in accordance with section 256.9, to determine
24whether the teacher’s practice meets the requirements specified
25for a career teacher. These standards and criteria shall be
26set forth in an instrument provided by the department. The
27comprehensive evaluation and instrument are not subject to
28negotiations or grievance procedures pursuant to chapter 20 or
29determinations made by the board of directors under section
30279.14. A local school board and its certified bargaining
31representative may negotiate, pursuant to chapter 20,
32evaluation and grievance procedures for beginning teachers that
33are not in conflict with this chapter. If, in accordance with
34section 279.19, a beginning teacher appeals the determination
35of a school board to an adjudicator under section 279.17, the
-33-1adjudicator selected shall have successfully completed training
2related to the Iowa teacher standards, the criteria adopted
3by the state board in accordance with subsection 3, and any
4additional training required under rules adopted by the public
5employment relations board in cooperation with the state board.
6b. For purposes of performance reviews for teachers other
7than beginning teachers, evaluations that contain, at a
8minimum, the Iowa teaching standards specified in subsection
91, as well as the criteria for the Iowa teaching standards
10developed by the department in accordance with section
11256.9, subsection 42. A local school board and its certified
12bargaining representative may negotiate, pursuant to chapter
1320, additional teaching standards and criteria. A local
14school board and its certified bargaining representative shall
15negotiate, pursuant to chapter 20, evaluation and grievance
16procedures for teachers other than beginning teachers that are
17not in conflict with this chapter.
18 Sec. 43. Section 284.4, subsection 1, paragraph c,
19subparagraphs (2) and (5), Code 2017, are amended to read as
20follows:
21(2) Monitor the evaluation requirements of this chapter
22to ensure evaluations are conducted in a fair and consistent
23manner throughout the school district or agency. In addition
24to any negotiated evaluation procedures, The committee shall
25 develop model evidence for the Iowa teaching standards and
26criteria. The model evidence will minimize paperwork and focus
27on teacher improvement. The model evidence will determine
28which standards and criteria can be met with observation and
29which evidence meets multiple standards and criteria.
30(5) Ensure the agreement negotiated pursuant to chapter
3120 determines Determine the compensation for teachers on the
32committee for work responsibilities required beyond the normal
33work day.
34 Sec. 44. Section 284.8, subsections 2 and 4, Code 2017, are
35amended to read as follows:
-34- 12. If a supervisor or an evaluator determines, at any time,
2as a result of a teacher’s performance that the teacher is not
3meeting district expectations under the Iowa teaching standards
4specified in section 284.3, subsection 1, paragraphs “a”
5through “h”, and the criteria for the Iowa teaching standards
6developed by the department in accordance with section 256.9,
7subsection 42, and any other standards or criteria established
8in the collective bargaining agreement, the evaluator shall,
9at the direction of the teacher’s supervisor, recommend to
10the district that the teacher participate in an intensive
11assistance program. The intensive assistance program and its
12implementation are not subject to negotiation and grievance
13procedures established pursuant to chapter 20. All school
14districts shall be prepared to offer an intensive assistance
15program.
164. A teacher who is not meeting the applicable standards and
17criteria based on a determination made pursuant to subsection 2
18shall participate in an intensive assistance program. However,
19a teacher who has previously participated in an intensive
20assistance program relating to particular Iowa teaching
21standards or criteria shall not be entitled to participate
22in another intensive assistance program relating to the same
23standards or criteria and shall be subject to the provisions of
24subsection 5.
25 Sec. 45. Section 284.8, subsection 3, Code 2017, is amended
26by striking the subsection.
27 Sec. 46. Section 284.8, Code 2017, is amended by adding the
28following new subsection:
29 NEW SUBSECTION. 5. Following a teacher’s participation
30in an intensive assistance program, the teacher shall be
31reevaluated to determine whether the teacher successfully
32completed the intensive assistance program and is meeting
33district expectations under the applicable Iowa teaching
34standards or criteria. If the teacher did not successfully
35complete the intensive assistance program or continues not to
-35-1meet the applicable Iowa teaching standards or criteria, the
2board may do any of the following:
3a. Terminate the teacher’s contract immediately pursuant to
4section 279.27.
5b. Terminate the teacher’s contract at the end of the school
6year pursuant to section 279.15.
7c. Continue the teacher’s contract for a period not to
8exceed one year. However, the contract shall not be renewed
9and shall not be subject to section 279.15.
10 Sec. 47. REPEAL. Section 279.17, Code 2017, is repealed.
11 Sec. 48. EFFECTIVE UPON ENACTMENT. This division of this
12Act, being deemed of immediate importance, takes effect upon
13enactment.
14 Sec. 49. APPLICABILITY. This division of this Act applies
15to employment contracts of school employees entered into
16pursuant to chapter 279 on and after the effective date of this
17division of this Act. This division of this Act does not apply
18to collective bargaining agreements pursuant to chapter 20
19which have been ratified in a ratification election referred
20to in section 20.17, subsection 4, for which an arbitrator
21has made a final determination as described in section 20.22,
22subsection 11, or which have become effective, where such
23events occurred before the effective date of this division of
24this Act. This division of this Act applies to all collective
25bargaining procedures provided for in chapter 20 occurring on
26and after the effective date of this division of this Act and
27collective bargaining agreements pursuant to chapter 20 for
28which a ratification election referred to in section 20.17,
29subsection 4, is held, for which an arbitrator makes a final
30determination as described in section 20.22, subsection 11,
31or which, unless otherwise provided in this section, become
32effective on or after the effective date of this division of
33this Act.
34DIVISION III
35personnel records and settlement agreements
-36-1 Sec. 50. Section 22.7, subsection 11, paragraph a,
2subparagraph (5), Code 2017, is amended to read as follows:
3(5) The fact that the individual resigned in lieu of
4termination, was discharged, or was demoted as the result
5of a final disciplinary action upon the exhaustion of all
6applicable contractual, legal, and statutory remedies , and the
7documented reasons and rationale for the resignation in lieu
8of termination, the discharge, or the demotion. For purposes
9of this subparagraph, “demoted” and “demotion” mean a change
10of an employee from a position in a given classification to a
11position in a classification having a lower pay grade.
12 Sec. 51. NEW SECTION. 22.13A Personnel settlement
13agreements — state employees — confidentiality — disclosure.
141. For purposes of this section:
15a. “Personnel settlement agreement” means a binding legal
16agreement between a state employee and the state employee’s
17employer, subject to section 22.13, to resolve a personnel
18dispute including but not limited to a grievance. “Personnel
19settlement agreement” does not include an initial decision by
20a state employee’s employer concerning a personnel dispute or
21grievance.
22b. “State employee” means an employee of the state who is
23an employee of the executive branch as described in sections
247E.2 and 7E.5.
252. Personnel settlement agreements shall not contain any
26confidentiality or nondisclosure provision that attempts to
27prevent the disclosure of the personnel settlement agreement.
28In addition, any confidentiality or nondisclosure provision in
29a personnel settlement agreement is void and unenforceable.
303. The requirements of this section shall not be superseded
31by any provision of a collective bargaining agreement.
324. All personnel settlement agreements shall be made easily
33accessible to the public on an internet site maintained as
34follows:
35a. For personnel settlement agreements with an employee of
-37-1the executive branch, excluding an employee of the state board
2of regents or institution under the control of the state board
3of regents, by the department of administrative services.
4b. For personnel settlement agreements with an employee of
5the state board of regents or institution under the control of
6the state board of regents, by the state board of regents.
75. a. A state agency shall not enter into a personnel
8settlement agreement with a state employee on behalf of the
9state unless the personnel settlement agreement is first
10reviewed by the attorney general or the attorney general’s
11designee. Additionally, a state agency shall not enter into a
12personnel settlement agreement with a state employee on behalf
13of the state unless the agreement has been approved in writing
14by the following individuals:
15(1) For a state agency other than an institution governed
16by the board of regents, the director of the department of
17management, the director of the department of administrative
18services, and the head of the state agency.
19(2) For an institution governed by the board of regents, the
20executive director of the board of regents and the head of the
21institution.
22b. If subparagraph (1) or (2) is not consistent with the
23provision of a collective bargaining agreement, a state agency
24shall provide the individuals referenced in this subsection,
25as applicable, with regular reports regarding any personnel
26settlement agreements entered into with state employees by the
27state agency.
28 Sec. 52. NEW SECTION. 22.15 Personnel records — discipline
29— employee notification.
30A government body that takes disciplinary action against an
31employee that may result in information described in section
3222.7, subsection 11, paragraph “a”, subparagraph (5), being
33placed in the employee’s personnel record, prior to taking such
34disciplinary action, shall notify the employee in writing that
35the information placed in the employee’s personnel file as a
-38-1result of the disciplinary action may become a public record.
2 Sec. 53. EFFECTIVE UPON ENACTMENT. This division of this
3Act, being deemed of immediate importance, takes effect upon
4enactment.
5 Sec. 54. APPLICABILITY. The section of this division of
6this Act amending section 22.7, subsection 11, applies to all
7information described in section 22.7, subsection 11, paragraph
8“a”, subparagraph (5), as amended by this division of this Act,
9relating to information placed in an individual’s personnel
10records on or after the effective date of this division of this
11Act.
12DIVISION IV
13CITY CIVIL SERVICE REQUIREMENTS
14 Sec. 55. Section 400.12, Code 2017, is amended to read as
15follows:
16400.12 Seniority — extinguishment — reestablishment.
171. For the purpose of determining the seniority rights of
18civil service employees, seniority shall be computed, beginning
19with the date of appointment to or employment in any positions
20for which they were certified or otherwise qualified and
21established as provided in this chapter, but shall not include
22any period of time exceeding sixty days in any one year during
23which they were absent from the service except for disability.
242. In the event that a civil service employee has more
25than one classification or grade, the length of the employee’s
26seniority rights shall date in the respective classifications
27or grades from and after the time the employee was appointed
28to or began employment in each classification or grade.
29In the event that an employee has been promoted from one
30classification or grade to another, the employee’s civil
31service seniority rights shall be continuous in any department
32grade or classification that the employee formerly held.
333. A list of all civil service employees shall be prepared
34and posted in the city hall by the civil service commission on
35or before July 1 of each year, indicating the civil service
-39-1standing of each employee as to the employee’s seniority.
24. Unless otherwise provided in a collective bargaining
3agreement, a city council may extinguish the seniority rights,
4including but not limited to seniority accrued, provided
5pursuant to this section to all civil service employees who
6are not employed or appointed as a fire fighter or police
7officer, fire chief or police chief, or assistant fire chief
8or assistant police chief. A city council may subsequently
9reestablish seniority rights extinguished pursuant to this
10section for all employees who are not employed or appointed as
11a fire fighter or police officer, fire chief or police chief,
12or assistant fire chief or assistant police chief. Seniority
13rights reestablished in this way may include, but are not
14required to include, accrual of seniority for employment prior
15to the reestablishment of such rights.
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 at least thirty percent of members who are public
25safety employees as defined in section 20.3 is a party shall
26provide additional procedures not inconsistent with this
27section for the 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, unnumbered paragraph 3, Code 2017,
8is amended to read as follows:
9The city or any civil service employee shall have a right to
10appeal to the district court from the final ruling or decision
11of the civil service commission. The appeal shall be taken
12within thirty days from the filing of the formal decision of
13the commission. The district court of the county in which the
14city is located shall have full jurisdiction of the appeal and
15the said appeal shall be a trial de novo as an equitable action
16in the district court. The scope of review for the appeal
17shall be limited to de novo appellate review without a trial
18or additional evidence.
19 Sec. 63. Section 400.28, Code 2017, is amended to read as
20follows:
21400.28 Employees — number diminished.
221. When the public interest requires A city council may
23implement a diminution of employees in a classification or
24grade under civil service, the city council, acting in good
25faith, may do either of the following:
26a. Abolish the office and remove the employee from
27the employee’s classification or grade thereunder. Such
28a diminution shall be carried out in accordance with any
29procedures provided in a collective bargaining agreement to
30which a bargaining unit that has at least thirty percent of
31members who are public safety employees as defined in section
3220.3 is a party, if applicable.
33b. Reduce the number of employees in any classification or
34grade by suspending the necessary number.
352. In case it thus becomes necessary to so remove or suspend
-43-1any such employees, the persons so removed or suspended shall
2be those having seniority of the shortest duration in the
3classifications or grades affected, and such seniority shall be
4computed as provided in section 400.12 for all persons holding
5seniority in the classification or grade affected, regardless
6of their seniority in any other classification or grade, but
7any such employee so removed from any classification or grade
8shall revert to the employee’s seniority in the next lower
9grade or classification; if such seniority is equal, then the
10one less efficient and competent as determined by the person or
11body having the appointing power shall be the one affected.
123. In case of removal or suspension, the civil service
13commission shall issue to each person affected one certificate
14showing the person’s comparative seniority or length of service
15in each of the classifications or grades from which the person
16is so removed and the fact that the person has been honorably
17removed. The certificate shall also list each classification
18or grade in which the person was previously employed. The
19person’s name shall be carried for a period of not less than
20three years after the suspension or removal on a preferred list
21and appointments or promotions made during that period to the
22person’s former duties in the classification or grade shall
23be made in the order of greater seniority from the preferred
24lists.
25 Sec. 64. EFFECTIVE UPON ENACTMENT. This division of this
26Act, being deemed of immediate importance, takes effect upon
27enactment.
28DIVISION V
29Health insurance matters
30 Sec. 65. NEW SECTION. 70A.41 Public employee health
31insurance.
32A public employer shall offer health insurance to all
33permanent, full-time public employees employed by the public
34employer. A public employer may offer health insurance to
35any other public employees employed by the public employer.
-44-1All costs of such health insurance shall be determined as
2otherwise provided by law. For purposes of this section,
3“public employer” and “public employee” mean the same as defined
4in section 20.3.
5 Sec. 66. STATE AND REGENTS EMPLOYEE HEALTH INSURANCE —
6OPEN ENROLLMENT PERIOD. A thirty-day enrollment and change
7period for health insurance coverage may be established and
8administered for any employees of the state of Iowa, the state
9board of regents, or an institution governed by the state board
10of regents eligible to participate in a health insurance plan
11offered by the state, state board, or institution pursuant to
12chapter 509A, if the affected employees are provided written
13notice of the period at least thirty days before the beginning
14of the period and if the first day of such a period occurs in
15calendar year 2017.
16 Sec. 67. EFFECTIVE UPON ENACTMENT. This division of this
17Act, being deemed of immediate importance, takes effect upon
18enactment.
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