Bill Text: IA SSB3221 | 2013-2014 | 85th General Assembly | Introduced

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Bill Title: A study bill for an act concerning government accountability and employment practices, making penalties and remedies applicable, and including effective date provisions.

Spectrum: Unknown

Status: (N/A - Dead) 2014-04-21 - In Government Oversight [SSB3221 Detail]

Download: Iowa-2013-SSB3221-Introduced.html

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Senate Study Bill 3221 - Introduced
SENATE FILE _____
BY (PROPOSED COMMITTEE ON
GOVERNMENT OVERSIGHT BILL
BY CHAIRPERSON PETERSEN)
A BILL FOR
An Act concerning government accountability and employment
practices, making penalties and remedies applicable, and
including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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DIVISION I
PERSONNEL SETTLEMENT AGREEMENTS
Section 1. NEW SECTION . 70A.35 Personnel settlement
agreements —— public employers.
1. For purposes of this section:
a. “Personnel settlement agreement” means a binding legal
agreement between an employee and the employee’s state employer
to resolve a personnel dispute including but not limited to a
grievance. “Personnel settlement agreement” does not include
an initial decision by an employee’s immediate supervisor
concerning a personnel dispute or grievance.
b. “State employer” means any of the following:
(1) The executive branch of state government, to include
a unit of state government, which is an authority, board,
commission, committee, council, department, or independent
agency as defined in section 7E.4, including but not limited
to each principal central department enumerated in section
7E.5; the office of the governor; and the office of an elective
constitutional or statutory officer.
(2) The general assembly, or any office or unit under its
administrative authority.
(3) The judicial branch, as provided in section 602.1102.
2. a. For personnel settlement agreements with an employee
of the executive branch, excluding an employee of the state
board of regents or institution under the control of the state
board of regents, the personnel settlement agreement shall,
to the extent consistent with any provision of an applicable
collective bargaining agreement, be reviewed and approved as
to form by the attorney general or by the attorney general’s
designee, and approved by the director of the department of
management, the director of the department of administrative
services, and the head of the agency involved with the matter
at issue.
b. For personnel settlement agreements with an employee of
the state board of regents or institution under the control of
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the state board of regents, the personnel settlement agreement
shall, to the extent consistent with any provision of an
applicable collective bargaining agreement, be reviewed and
approved as to form by the attorney general or by the attorney
general’s designee, and approved by the executive director of
the state board of regents and the head of the institution
involved with the matter at issue. Any costs or payments
associated with the personnel settlement agreement shall be
authorized by the state appeal board established in section
24.26, and paid as a claim under chapter 25.
c. For personnel settlement agreements with an employee of
the judicial branch, the personnel settlement agreement shall,
to the extent consistent with any provision of an applicable
collective bargaining agreement, be approved by the state court
administrator.
d. For personnel settlement agreements with an employee
of the general assembly, the personnel settlement agreement
shall be approved by the legislative council or the appropriate
committee of the senate or house of representatives.
e. For personnel settlement agreements with an employee
subject to review and approval pursuant to the requirements of
a collective bargaining agreement that are inconsistent with
the requirements of this subsection, a report on the personnel
settlement agreement shall be provided to those persons who
would otherwise review or approve the personnel settlement
agreement for that employee.
3. Personnel settlement agreements shall not contain any
confidentiality or nondisclosure provision that attempts to
prevent the disclosure of the personnel settlement agreement.
A confidentiality or nondisclosure provision in a personnel
settlement agreement is void and unenforceable.
4. All personnel settlement agreements shall be made easily
accessible to the public on an internet site maintained as
follows:
a. For personnel settlement agreements with an employee of
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the executive branch, excluding an employee of the state board
of regents or institution under the control of the state board
of regents, by the department of administrative services.
b. For personnel settlement agreements with an employee of
the state board of regents or institution under the control of
the state board of regents, by the state board of regents.
c. For personnel settlement agreements with an employee of
the judicial branch, by the judicial branch.
d. For personnel settlement agreements with an employee of
the general assembly, by the general assembly.
Sec. 2. EFFECTIVE UPON ENACTMENT. This division of this
Act, being deemed of immediate importance, takes effect upon
enactment.
DIVISION II
PERSONNEL SETTLEMENT AGREEMENTS EXAMINATION
Sec. 3. AUDITOR OF STATE EXAMINATION —— PERSONNEL
SETTLEMENT AGREEMENTS. The auditor of state shall expend
such amount as is necessary for purposes of conducting an
examination concerning personnel settlement agreements made by
the state with terminated state employees since January 2011
that were not approved by the state appeal board or decided by
the public employment relations board. The examination shall
include the nature of the positions subject to termination, the
payments provided and the funding source of the payments, and
the identity and authority of the person or persons signing
the personnel settlement agreement on behalf of the state. A
report on the results of the examination shall be submitted to
the general assembly by December 1, 2014. The auditor of state
shall be authorized to charge the department of administrative
services for costs associated with the examination.
Sec. 4. EFFECTIVE UPON ENACTMENT. This division of this
Act, being deemed of immediate importance, takes effect upon
enactment.
DIVISION III
SERVICE CONTRACTS
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Sec. 5. Section 8.47, subsection 1, unnumbered paragraph 1,
Code 2014, is amended to read as follows:
The department of administrative services, in cooperation
with the office of attorney general and the department of
management, shall adopt uniform terms and conditions for
service contracts executed by a department or establishment
benefiting from service contracts which terms and conditions
shall be consistent with the contractual requirements of
chapter 8F . The terms and conditions shall include but are not
limited to all of the following:
Sec. 6. Section 8F.3, subsection 3, Code 2014, is amended
to read as follows:
3. Prior to entering into a service contract with a
recipient entity, the oversight agency shall determine do all
of the following:
a. Determine whether the recipient entity can reasonably
be expected to comply with the requirements of the service
contract. If the oversight entity is unable to determine
whether the recipient entity can reasonably be expected
to comply with the requirements of the service contract,
the oversight entity shall request such information from
the recipient entity as described in subsection 1 to make
a determination. If the oversight agency determines from
the information provided that the recipient entity cannot
reasonably be expected to comply with the requirements of the
service contract, the oversight agency shall not enter into the
service contract.
b. Perform a cost comparison establishing whether the
contract costs from the proposed service contract are less
than the costs of having the services provided by an agency.
Contract costs shall include direct costs, including salaries
and fringe benefits, indirect overhead costs, including the
contractor’s proportional share of existing administrative
salaries and benefits, rent and equipment costs, utilities,
and materials. Additionally, transition costs, including
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unemployment compensation, shall be included in the analysis of
contract costs. If the oversight agency determines from the
information provided that the contract costs of the recipient
entity are not less than the costs of having the services
provided by an agency, the oversight agency shall not enter
into the service contract.
c. If the proposed service contract may result in reduced
public employment by an agency in an area, perform an
economic impact analysis to consider the impact of the service
contract on the possible loss of employment or income in the
affected area, impact on social services to include public
assistance programs, economic impact on local businesses, any
possible changes in tax revenue for the affected area, and
any environmental impacts that may result from the service
contract.
Sec. 7. Section 8F.3, Code 2014, is amended by adding the
following new subsection:
NEW SUBSECTION . 4. A service contract with a recipient
entity shall include the following terms and conditions:
a. Specific performance criteria and cost parameters with
termination provisions for failure to meet the performance
criteria and cost parameters.
b. A requirement that the compensation paid to employees
of a recipient entity pursuant to the service contract shall
be comparable to the compensation paid to public employees
performing similar work or the average private sector wage for
similar work, whichever is less.
c. A provision prohibiting the automatic renewal of
the terms of a service contract without complying with the
requirements of this section prior to renewing the service
contract.
d. A provision prohibiting the payment for services under
the service contract regardless of whether the services are
actually provided.
Sec. 8. Section 8F.4, Code 2014, is amended by adding the
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following new subsection:
NEW SUBSECTION . 4. An oversight agency shall make
information described in section 8F.3, subsection 3, paragraphs
“b” and “c” , and information required to be reported by a
recipient agency pursuant to this section available to the
public.
Sec. 9. Section 8G.3, subsection 3, paragraph a, Code 2014,
is amended by adding the following new subparagraph:
NEW SUBPARAGRAPH . (10) A recipient entity as defined in
section 8F.2.
Sec. 10. Section 8G.4, subsection 2, Code 2014, is amended
by adding the following new paragraph:
NEW PARAGRAPH . 0j. Information required to be provided
pursuant to chapter 8F.
DIVISION IV
STATE EMPLOYMENT HIRING PROCEDURES
Sec. 11. NEW SECTION . 70A.21 State employment ——
designation of ineligibility procedures —— penalty.
1. A board, commission, agency, or department of the state
that seeks to designate an individual as ineligible to apply
for; to be considered, referred, or approved for; or to be
appointed to employment by the state or any of its boards,
commissions, agencies, or departments, shall do all of the
following:
a. Maintain documentation of the designation of
ineligibility, to include signatures from the individual’s
immediate supervisor and the applicable head of the board,
commission, agency, or department, the extent of the
individual’s ineligibility for state employment, proof of
notification of the individual, and any information concerning
any appeals regarding the designation.
b. Notify the individual prior to or within ten days of
discharge of the designation of ineligibility and the extent
of the individual’s ineligibility for state employment. The
notification shall include information on the process for an
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individual to appeal, remove, or modify the designation of
ineligibility.
2. Each board, commission, agency, or department of the
state shall establish a process for an individual to appeal,
remove, or modify a designation of ineligibility. Following
a final determination by the board, commission, agency or
department within the executive branch of the state relative
to an appeal or attempt to remove or modify a designation of
ineligibility by an individual, the individual may appeal to
the public employment relations board created in section 20.5,
for individuals subject to the jurisdiction of the board, and
to an administrative law judge employed by the department of
inspections and appeals, for all other individuals.
Sec. 12. NEW SECTION . 70A.22 State employee hiring
requirements.
An employer of state employees shall establish procedures
providing for the hiring of employees by the employer. The
procedures shall provide for the public announcement of
vacancies of the employer at least ten days in advance of the
date fixed for the filing of applications for the vacancies
and for the advertisement of the vacancies through the
communications media.
DIVISION V
STATE EMPLOYEE BONUSES
Sec. 13. NEW SECTION . 22.13B Executive branch bonuses ——
disclosure.
1. For purposes of this section:
a. “Bonus pay” means any additional remuneration in an
amount exceeding two hundred dollars provided an employee in
the form of a bonus, including but not limited to a retention
bonus, recruitment bonus, exceptional job performance pay,
extraordinary job performance pay, exceptional performance pay,
extraordinary duty pay, or extraordinary or special duty pay,
and any extra benefit not otherwise provided to other similarly
situated employees.
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b. “Executive branch employee” means an employee of the
executive branch of state government, which includes any
unit of state government, including but not limited to an
authority, board, commission, committee, council, department,
or independent agency as defined in section 7E.4, and each
principal central department enumerated in section 7E.5;
the office of the governor; and the office of an elective
constitutional or statutory officer.
2. A decision to provide bonus pay to an executive branch
employee, including the amount paid and the documented reasons
and rationale for the bonus paid, shall be a public record.
3. All decisions to provide bonus pay to an executive branch
employee, including information described in subsection 2,
shall be made easily accessible to the public on an internet
site maintained as follows:
a. For decisions to provide bonus pay to an employee of the
executive branch, excluding an employee of the state board of
regents or institution under the control of the state board of
regents, by the department of administrative services.
b. For decisions to provide bonus pay to an employee of the
state board of regents or institution under the control of the
state board of regents, by the state board of regents.
DIVISION VI
WHISTLEBLOWER PROTECTION
Sec. 14. Section 8A.417, subsection 4, Code 2014, is amended
by striking the subsection and inserting in lieu thereof the
following:
4. a. For purposes of this subsection, “a disclosure of
information permitted by this section” includes any of the
following:
(1) A disclosure of any information by the employee to a
member or employee of the general assembly if the information
can be used by the member or employee of the general assembly
in the performance of the member’s or employee’s duties,
regardless of whether the member or employee requested the
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information.
(2) A disclosure of information to any person if the
employee reasonably believes the information evidences a
violation of law or rule, mismanagement, a gross abuse of
funds, an abuse of authority, or a substantial and specific
danger to public health or safety.
b. A person shall not do any of the following as a
reprisal against an employee in a position in a merit system
administered by, or subject to approval of, the director, who
makes a disclosure of information permitted by this section
or who fails to inform the person that the employee made a
disclosure of information permitted by this section:
(1) Discharge, suspend, or demote the employee, or take any
other adverse employment action resulting in a reduction of the
employee’s pay.
(2) Fail to appoint or promote the employee to a position in
the merit system or fail to take action regarding an advantage
to the employee.
c. However, an employee may be required to inform the
person that the employee made a disclosure of information
permitted by this section if the employee represented that
the disclosure was the official position of the employee’s
immediate supervisor or employer.
d. An employer subject to the requirements of this
subsection shall inform the employer’s employees on a regular
basis of their rights to disclose information as provided in
this subsection.
e. This subsection does not apply if the disclosure of the
information is prohibited by statute.
Sec. 15. Section 8F.3, subsection 1, paragraph d, Code 2014,
is amended to read as follows:
d. Information regarding any policies adopted by the
governing body of the recipient entity that ensure compliance
with section 70A.29 and that prohibit taking adverse employment
action against employees of the recipient entity who disclose
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information about a service contract to the oversight agency,
the auditor of state, the office of the attorney general, or
the office of ombudsman and that state whether those policies
are substantially similar to the protection provided to state
employees under section 70A.28 . The information provided shall
state whether employees of the recipient entity are informed
on a regular basis of their rights pursuant to section 70A.29
and of their rights to disclose information to the oversight
agency, the office of ombudsman, the auditor of state, or the
office of the attorney general and the telephone numbers of
those organizations.
Sec. 16. Section 70A.28, subsection 1, Code 2014, is amended
to read as follows:
1. A person who serves as the head of a state department or
agency or otherwise serves in a supervisory capacity within the
executive or legislative branch of state government shall not
prohibit an employee of the state from making a disclosure of
information permitted by this section or require an employee
of the state to inform the person that the employee made
a disclosure of information permitted by this section and
shall not prohibit an employee of the state from disclosing
any information to a member or employee of the general
assembly or from disclosing information to any other public
official or law enforcement agency if the employee reasonably
believes the information evidences a violation of law or rule,
mismanagement, a gross abuse of funds, an abuse of authority,
or a substantial and specific danger to public health or
safety . However, an employee may be required to inform the
person that the employee made a disclosure of information
permitted by this section if the employee represented that
the disclosure was the official position of the employee’s
immediate supervisor or employer.
Sec. 17. Section 70A.28, subsection 2, Code 2014, is amended
by striking the subsection and inserting in lieu thereof the
following:
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2. a. A person shall not do any of the following as
a reprisal against an employee in a position in a state
employment system administered by, or subject to approval of, a
state agency, who makes a disclosure of information permitted
by this section or who fails to inform the person that the
employee made a disclosure of information permitted by this
section:
(1) Discharge, suspend, or demote the employee, or take any
other adverse employment action resulting in a reduction of the
employee’s pay.
(2) Fail to appoint or promote the employee to a position in
the state employment system or fail to take action regarding
an advantage to the employee.
b. However, an employee may be required to inform the
person that the employee made a disclosure of information
permitted by this section if the employee represented that
the disclosure was the official position of the employee’s
immediate supervisor or employer.
Sec. 18. Section 70A.28, Code 2014, is amended by adding the
following new subsection:
NEW SUBSECTION . 2A. For purposes of this section, “a
disclosure of information permitted by this section” includes any
of the following:
a. A disclosure of any information by the employee to a
member or employee of the general assembly if the information
can be used by the member or employee of the general assembly
in the performance of the member’s or employee’s duties,
regardless of whether the member or employee requested the
information.
b. A disclosure of information to any person if the employee
reasonably believes the information evidences a violation of
law or rule, mismanagement, a gross abuse of funds, an abuse
of authority, or a substantial and specific danger to public
health or safety.
Sec. 19. Section 70A.28, subsection 5, paragraph a, Code
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2014, is amended to read as follows:
a. A person who violates subsection 2 is liable to
an aggrieved employee for affirmative relief including
reinstatement, with or without back pay, actual damages, or any
other equitable relief the court deems appropriate, including
attorney fees and costs.
Sec. 20. Section 70A.29, Code 2014, is amended by adding the
following new subsection:
NEW SUBSECTION . 01. For purposes of this section, unless
the context otherwise requires:
a. “Disclosure of information permitted by this section”
includes any of the following:
(1) A disclosure of any information by the employee to a
member or employee of the general assembly if the information
can be used by the member or employee of the general assembly
in the performance of the member’s or employee’s duties,
regardless of whether the member or employee requested the
information.
(2) A disclosure of information to any person if the
employee reasonably believes the information evidences a
violation of law or rule, mismanagement, a gross abuse of
funds, an abuse of authority, or a substantial and specific
danger to public health or safety.
b. “Eligible employer” means any of the following:
(1) A political subdivision of this state.
(2) An entity organized under chapter 28E.
(3) A recipient entity as defined in section 8F.2.
Sec. 21. Section 70A.29, subsection 1, Code 2014, is amended
by striking the subsection and inserting in lieu thereof the
following:
1. a. A person shall not do any of the following as a
reprisal against an employee in a position in employment by an
eligible employer for a disclosure of information permitted by
this section:
(1) Discharge, suspend, or demote the employee, or take any
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other adverse employment action resulting in a reduction of the
employee’s pay.
(2) Fail to appoint or promote the employee to a position in
the employment or fail to take action regarding an advantage to
the employee.
b. This section does not apply if the disclosure of the
information is prohibited by statute.
Sec. 22. Section 70A.29, subsection 3, paragraph a, Code
2014, is amended to read as follows:
a. A person who violates subsection 1 is liable to
an aggrieved employee for affirmative relief including
reinstatement, with or without back pay, actual damages, or any
other equitable relief the court deems appropriate, including
attorney fees and costs.
Sec. 23. Section 70A.29, Code 2014, is amended by adding the
following new subsection:
NEW SUBSECTION . 4. An eligible employer subject to the
requirements of this section shall inform the employer’s
employees on a regular basis of their rights to disclose
information as provided in this section.
DIVISION VII
VERTICAL INFRASTRUCTURE ADVISORY COMMITTEE
Sec. 24. NEW SECTION . 8.57G Vertical infrastructure
advisory committee.
1. A vertical infrastructure advisory committee is
established consisting of seven members, appointed by the
governor, and subject to confirmation by the senate pursuant
to section 2.32. Committee members shall be appointed in
compliance with sections 69.16, 69.16A, and 69.16C. Committee
members shall reside in this state.
2. The members of the committee shall serve for staggered
three-year terms which shall begin and end pursuant to section
69.19. Members appointed shall continue to serve until
their respective successors are appointed. Vacancies in the
membership of the committee shall be filled by the governor.
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Members shall receive actual expenses incurred while serving
in their official capacity. Members may also be eligible to
receive compensation as provided in section 7E.6. The governor
shall designate the chairperson of the committee.
3. The department of management and the department of
administrative services shall provide staff assistance and
support services to the committee.
4. The committee shall have the following duties:
a. Oversee the inventory and assessment of the vertical
infrastructure owned or under the control of the state.
b. Develop and recommend methods for identifying,
evaluating, and prioritizing infrastructure needs.
c. Annually develop and submit to the governor and the
general assembly no later than December 15 of each year,
comprehensive five-year plans of recommendations, including
suggested lists of priority projects. The priority listing
of projects shall be developed to assist the governor in
establishing a priority listing of priority projects to be
submitted to the general assembly pursuant to section 8.22.
Recommendations shall include the level of funding necessary
to complete each project recommended and a timetable for
completion of the project if the project is anticipated to
require more than one year to complete.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
This bill concerns government accountability and employment
practices.
PERSONNEL SETTLEMENT AGREEMENTS. This division of the
bill concerns personnel settlement agreements. New Code
section 70A.35 provides that personnel settlement agreements
between the state and an employee of the state shall be
subject to review and approval of the attorney general and the
applicable employer, shall not contain any confidentiality or
nondisclosure provisions that attempt to prevent the disclosure
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of the personnel settlement agreement and any such provisions
shall be void and unenforceable, and shall be made available
to the public on an internet site. New Code section 70A.35
is applicable to employees of the executive, legislative, and
judicial branches of state government and defines a personnel
settlement agreement as a binding legal agreement between a
state employee and the state employee’s employer relating to
settlement agreements to resolve a personnel dispute including
but not limited to certain grievances. The bill provides
for the posting of the personnel settlement agreements on an
internet site, by the applicable employer of the employee
covered. These provisions of this division of this bill take
effect upon enactment.
PERSONNEL SETTLEMENT AGREEMENTS EXAMINATION. This
division of the bill requires the auditor of state conduct
an examination of the personnel settlement agreements made
with terminated state employees since January 2011. Costs
associated with the examination shall be charged to the
department of administrative services. A report on the results
of the examination shall be submitted to the general assembly
by December 1, 2014.
SERVICE CONTRACTS. This division of the bill concerns
service contracts entered into by a government entity.
Code section 8.47, concerning service contracts entered into
by a state executive branch department, is amended to provide
that the standard terms and conditions of a service contract
shall be consistent with the contractual requirements of Code
chapter 8F.
Code chapter 8F, establishing accountability requirements
for certain service contracts, is amended. “Service contract”
is defined by the Code chapter as a contract between a
government entity, called an oversight agency, and a private
or other intergovernmental entity, called a recipient entity,
where federal or state moneys are involved for a service or
services when the predominant factor, thrust, and purpose of
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the contract as reasonably stated is for the provision of
services.
Code section 8F.3, subsection 3, concerning contractual
requirements for service contracts, is amended to require an
oversight agency to perform a cost comparison and an economic
impact analysis prior to entering into a service contract.
The cost comparison requires a determination that a service
contract will result in lower contract costs than having the
services provided by state government. The economic impact
analysis concerns a determination of the impact on employment,
economic activity, and public assistance if public employment
in a particular area is reduced pursuant to a service contract.
Code section 8F.3 is further amended to require a service
contract to include performance criteria, provisions governing
compensation paid to employees of a recipient entity,
provisions prohibiting automatic renewal of a service contract,
and provisions prohibiting payment regardless of whether the
services are actually provided.
Code section 8F.4, concerning reporting requirements,
is amended to require an oversight agency to make certain
information described in Code section 8F.3, subsection 3, and
information required to be reported by a recipient agency
pursuant to this Code section available to the public.
Code chapter 8G, establishing the taxpayer transparency
Act, is amended to specifically include recipient entities,
as defined in Code chapter 8F, within the definition of
“entity” for purposes of the Code chapter. Code section
8G.4, concerning the creation of a searchable budget database
internet site, is amended to require that information required
to be provided pursuant to Code chapter 8F be included on the
site.
STATE EMPLOYMENT HIRING PROCEDURES. This division of the
bill concerns state employment hiring procedures. New Code
section 70A.21 establishes procedures for state departments,
boards, agencies, and commissions for designating an individual
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as ineligible to apply for state employment. The Code section
requires the applicable employer to document the determination
and provide notice within 10 days of the individual’s discharge
from state employment of the designation and the right of the
individual to appeal the determination. The bill requires
state executive branch employers to establish procedures for
appealing designations of ineligibility for state employment
with an appeal to the public employment relations board for
individuals subject to the jurisdiction of the board, and to
an administrative law judge employed by the department of
inspections and appeals, for all other individuals.
New Code section 70A.22 requires an employer of state
employees to establish procedures providing for the hiring of
employees by the employer. The procedures shall provide for
public announcement and advertisement of vacancies.
STATE EMPLOYEE BONUSES. This division of the bill concerns
executive branch bonuses. New Code section 22.13B requires
that information concerning bonus pay award to an executive
branch employee in an amount over $200, including the name of
the employee, the amount paid and the reasons for the bonus,
shall be made easily accessible to the public on an internet
site.
WHISTLEBLOWER PROTECTION. This division of the bill
concerns whistleblower protection. Code sections 8A.417
and 70A.28 are amended to allow disclosure of information
by a state employee to any person, and not just to a public
official or law enforcement agency, if the employee believes
the information evidences a violation of law, mismanagement, a
gross abuse of funds, an abuse of authority, or a substantial
and specific danger to public health or safety. The Code
sections are amended to also prohibit action by the employer
to discharge, suspend, demote, or take any other adverse
employment action resulting in a reduction of pay of an
employee making a disclosure pursuant to the Code sections.
Code section 8A.417 is also amended to require applicable
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employers to inform their employees of their rights concerning
disclosures. Code section 70A.28 is further amended to provide
that actual damages may be awarded in an action seeking relief
for a violation of the disclosure provisions of that Code
section.
Code section 70A.29, concerning disclosures of information
by an employee of a political subdivision, is amended to
include employees of an entity created under Code chapter 28E
and an intergovernmental entity or a private agency that enters
into a service contract with an oversight agency to provide
services which will be paid for with local governmental,
state, or federal moneys, that is a recipient entity under
Code chapter 8F governing service contracts. The Code section
is also amended to allow disclosure of information by an
applicable employee to any person, and not just to a public
official or law enforcement agency, if the employee believes
the information evidences a violation of law, mismanagement, a
gross abuse of funds, an abuse of authority, or a substantial
and specific danger to public health or safety. The Code
section is also amended to prohibit action by an eligible
employer to discharge, suspend, demote, or take any other
adverse employment action resulting in a reduction of pay of an
employee making a disclosure pursuant to the Code section, to
provide that actual damages may be awarded in an action seeking
relief for a violation of the disclosure provisions of the Code
section, and to require eligible employers to inform their
employees of their rights concerning disclosures. Code section
8F.3 is amended to reflect that employees of a recipient
entity under this Code chapter are subject to the disclosure
provisions of Code section 70A.29.
VERTICAL INFRASTRUCTURE ADVISORY COMMITTEE. This division
of the bill establishes a vertical infrastructure advisory
committee consisting of seven members. The division provides
that the duties of the committee are to oversee the inventory
and assessment of the vertical infrastructure of the state,
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S.F. _____
develop and recommend methods for identifying, evaluating, and
prioritizing infrastructure needs, and annually develop and
submit to the governor and the general assembly comprehensive
five-year plans of recommendations, including suggested lists
of priority projects.
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