Bill Text: IA HF2201 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act concerning employment matters involving public employees including collective bargaining, educator employment matters, personnel records and settlement agreements, city civil service requirements, and health insurance matters, and including effective date, applicability, and transition provisions.
Spectrum: Partisan Bill (Democrat 31-0)
Status: (Introduced - Dead) 2018-02-08 - Subcommittee: Wheeler, Hunter and Watts. H.J. 240. [HF2201 Detail]
Download: Iowa-2017-HF2201-Introduced.html
House File 2201 - Introduced HOUSE FILE BY HUNTER, HEDDENS, STAED, BROWN=POWERS, KEARNS, MASCHER, STECKMAN, GASKILL, KACENA, T. TAYLOR, LENSING, BRECKENRIDGE, HALL, PRICHARD, NIELSEN, R. SMITH, OLSON, KRESSIG, McCONKEY, WESSEL=KROESCHELL, ISENHART, GAINES, OLDSON, FORBES, ANDERSON, BEARINGER, WINCKLER, WOLFE, COHOON, KURTH, and JACOBY A BILL FOR 1 An Act concerning employment matters involving public employees 2 including collective bargaining, educator employment 3 matters, personnel records and settlement agreements, city 4 civil service requirements, and health insurance matters, 5 and including effective date, applicability, and transition 6 provisions. 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5585YH (5) 87 je/rj PAG LIN 1 1 DIVISION I 1 2 PUBLIC EMPLOYEE COLLECTIVE BARGAINING 1 3 Section 1. Section 20.3, subsections 11 and 13, Code 2018, 1 4 are amended by striking the subsections. 1 5 Sec. 2. Section 20.6, subsection 1, Code 2018, is amended 1 6 to read as follows: 1 7 1.AdministerInterpret, apply, and administer the 1 8 provisions of this chapter. 1 9 Sec. 3. Section 20.6, subsections 6 and 7, Code 2018, are 1 10 amended by striking the subsections. 1 11 Sec. 4. Section 20.7, subsection 2, Code 2018, is amended 1 12 to read as follows: 1 13 2. Hire,evaluate,promote, demote, transfer, assign, and 1 14 retain public employees in positions within the public agency. 1 15 Sec. 5. Section 20.8, subsection 5, Code 2018, is amended by 1 16 striking the subsection. 1 17 Sec. 6. Section 20.9, Code 2018, is amended by striking the 1 18 section and inserting in lieu thereof the following: 1 19 20.9 Scope of negotiations. 1 20 1. The public employer and the employee organization 1 21 shall meet at reasonable times, including meetings reasonably 1 22 in advance of the public employer's budget=making process, 1 23 to negotiate in good faith with respect to wages, hours, 1 24 vacations, insurance, holidays, leaves of absence, shift 1 25 differentials, overtime compensation, supplemental pay, 1 26 seniority, transfer procedures, job classifications, health and 1 27 safety matters, evaluation procedures, procedures for staff 1 28 reduction, in=service training, and other matters mutually 1 29 agreed upon. Negotiations shall also include terms authorizing 1 30 dues checkoff for members of the employee organization and 1 31 grievance procedures for resolving any questions arising under 1 32 the agreement, which shall be embodied in a written agreement 1 33 and signed by the parties. If an agreement provides for dues 1 34 checkoff, a member's dues may be checked off only upon the 1 35 member's written request and the member may terminate the dues 2 1 checkoff at any time by giving thirty days' written notice. 2 2 Such obligation to negotiate in good faith does not compel 2 3 either party to agree to a proposal or make a concession. 2 4 2. Nothing in this section shall diminish the authority 2 5 and power of the department of administrative services, board 2 6 of regents' merit system, Iowa public broadcasting board's 2 7 merit system, or any civil service commission established by 2 8 constitutional provision, statute, charter, or special act to 2 9 recruit employees, prepare, conduct and grade examinations, 2 10 rate candidates in order of their relative scores for 2 11 certification for appointment or promotion or for other matters 2 12 of classification, reclassification or appeal rights in the 2 13 classified service of the public employer served. 2 14 3. All retirement systems shall be excluded from the scope 2 15 of negotiations. 2 16 Sec. 7. Section 20.10, subsection 3, paragraph j, Code 2018, 2 17 is amended by striking the paragraph. 2 18 Sec. 8. Section 20.12, subsection 5, Code 2018, is amended 2 19 to read as follows: 2 20 5. If an employee organization or any of its officers 2 21 is held to be in contempt of court for failure to comply 2 22 with an injunction pursuant to this section, or is convicted 2 23 of violating this section, the employee organization shall 2 24 be immediately decertified, shall cease to represent the 2 25 bargaining unit, shall cease to receive any dues by checkoff, 2 26 and may again be certified only aftertwenty=fourtwelve months 2 27 have elapsed from the effective date of decertification and 2 28 onlyifafter a newpetition for certification pursuant to 2 29compliance with section 20.14is filed and a new certification 2 30 election pursuant to section 20.15 is held. The penalties 2 31 provided in this section may be suspended or modified by the 2 32 court, but only upon request of the public employer and only 2 33 if the court determines the suspension or modification is in 2 34 the public interest. 2 35 Sec. 9. Section 20.15, Code 2018, is amended by striking the 3 1 section and inserting in lieu thereof the following: 3 2 20.15 Elections. 3 3 1. Upon the filing of a petition for certification of an 3 4 employee organization, the board shall submit a question to 3 5 the public employees at an election in the bargaining unit 3 6 found appropriate by the board. The question on the ballot 3 7 shall permit the public employees to vote for no bargaining 3 8 representation or for any employee organization which has 3 9 petitioned for certification or which has presented proof 3 10 satisfactory to the board of support of ten percent or more of 3 11 the public employees in the appropriate unit. 3 12 2. If a majority of the votes cast on the question is 3 13 for no bargaining representation, the public employees in 3 14 the bargaining unit found appropriate by the board shall not 3 15 be represented by an employee organization. If a majority 3 16 of the votes cast on the question is for a listed employee 3 17 organization, then that employee organization shall represent 3 18 the public employees in the bargaining unit found appropriate 3 19 by the board. 3 20 3. If none of the choices on the ballot receive the vote 3 21 of a majority of the public employees voting, the board shall 3 22 conduct a runoff election among the two choices receiving the 3 23 greatest number of votes. 3 24 4. Upon written objections filed by any party to the 3 25 election within ten days after notice of the results of 3 26 the election, if the board finds that misconduct or other 3 27 circumstances prevented the public employees eligible to 3 28 vote from freely expressing their preferences, the board may 3 29 invalidate the election and hold a second election for the 3 30 public employees. 3 31 5. Upon completion of a valid election in which the majority 3 32 choice of the employees voting is determined, the board shall 3 33 certify the results of the election and shall give reasonable 3 34 notice of the order to all employee organizations listed on the 3 35 ballot, the public employers, and the public employees in the 4 1 appropriate bargaining unit. 4 2 6. a. A petition for certification as exclusive bargaining 4 3 representative of a bargaining unit shall not be considered 4 4 by the board for a period of one year from the date of the 4 5 noncertification of an employee organization as the exclusive 4 6 bargaining representative of that bargaining unit following a 4 7 certification election. A petition for certification as the 4 8 exclusive bargaining representative of a bargaining unit shall 4 9 also not be considered by the board if the bargaining unit is 4 10 at that time represented by a certified exclusive bargaining 4 11 representative. 4 12 b. A petition for the decertification of the exclusive 4 13 bargaining representative of a bargaining unit shall not be 4 14 considered by the board for a period of one year from the date 4 15 of its certification, or within one year of its continued 4 16 certification following a decertification election, or during 4 17 the duration of a collective bargaining agreement which, for 4 18 purposes of this section, shall be deemed not to exceed two 4 19 years. However, if a petition for decertification is filed 4 20 during the duration of a collective bargaining agreement, the 4 21 board shall award an election under this section not more than 4 22 one hundred eighty days and not less than one hundred fifty 4 23 days prior to the expiration of the collective bargaining 4 24 agreement. If an employee organization is decertified, the 4 25 board may receive petitions under section 20.14, provided that 4 26 no such petition and no election conducted pursuant to such 4 27 petition within one year from decertification shall include as 4 28 a party the decertified employee organization. 4 29 c. A collective bargaining agreement with the state, its 4 30 boards, commissions, departments, and agencies shall be for two 4 31 years. The provisions of a collective bargaining agreement or 4 32 arbitrator's award affecting state employees shall not provide 4 33 for renegotiations which would require the refinancing of 4 34 salary and fringe benefits for the second year of the term of 4 35 the agreement, except as provided in section 20.17, subsection 5 1 6. The effective date of any such agreement shall be July 1 of 5 2 odd=numbered years, provided that if an exclusive bargaining 5 3 representative is certified on a date which will prevent the 5 4 negotiation of a collective bargaining agreement prior to 5 5 July 1 of odd=numbered years for a period of two years, the 5 6 certified collective bargaining representative may negotiate 5 7 a one=year contract with the public employer which shall be 5 8 effective from July 1 of the even=numbered year to July 1 5 9 of the succeeding odd=numbered year when new contracts shall 5 10 become effective. 5 11 Sec. 10. Section 20.17, subsection 8, Code 2018, is amended 5 12 by striking the subsection and inserting in lieu thereof the 5 13 following: 5 14 8. The salaries of all public employees of the state under 5 15 a merit system and all other fringe benefits which are granted 5 16 to all public employees of the state shall be negotiated with 5 17 the governor or the governor's designee on a statewide basis, 5 18 except those benefits which are not subject to negotiations 5 19 pursuant to the provisions of section 20.9. 5 20 Sec. 11. Section 20.17, Code 2018, is amended by adding the 5 21 following new subsection: 5 22 NEW SUBSECTION. 8A. A public employee or any employee 5 23 organization shall not negotiate or attempt to negotiate 5 24 directly with a member of the governing board of a public 5 25 employer if the public employer has appointed or authorized 5 26 a bargaining representative for the purpose of bargaining 5 27 with the public employees or their representative, unless the 5 28 member of the governing board is the designated bargaining 5 29 representative of the public employer. 5 30 Sec. 12. Section 20.22, subsections 2, 3, 7, 9, and 10, Code 5 31 2018, are amended to read as follows: 5 32 2. Each party shall serve its final offer on each of 5 33 the impasse items upon the other party within four days of 5 34 the board's receipt of the request for arbitration, or by a 5 35 deadline otherwise agreed upon by the parties. The parties may 6 1 continue to negotiate all offers until an agreement is reached 6 2 or an award is rendered by the arbitrator. The full costs of 6 3 arbitration under this section shall be shared equally by the 6 4 parties to the dispute. 6 5 3. The submission of the impasse items to the arbitrator 6 6 shall be limited to those items upon which the parties have 6 7 not reached agreement. With respect to each such item, the 6 8 arbitrator's award shall be restricted to the final offers on 6 9 each impasse item submitted by the parties to the arbitrator, 6 10 except as provided in subsection 10, paragraph "b". 6 11 7.For an arbitration involving a bargaining unit that 6 12 has at least thirty percent of members who are public safety 6 13 employees, theThe arbitrator shall considerand specifically 6 14 address in the arbitrator's determination, in addition to any 6 15 other relevant factors, the following factors: 6 16 a. Past collective bargaining contracts between the parties 6 17 including the bargaining that led up to such contracts. 6 18 b. Comparison of wages, hours, and conditions of employment 6 19 of the involved public employees with those of other public 6 20 employees doing comparable work, giving consideration to 6 21 factors peculiar to the area and the classifications involved. 6 22 c. The interests and welfare of the public, the ability of 6 23 the public employer to finance economic adjustments, and the 6 24 effect of such adjustments on the normal standard of services. 6 25 d. The power of the public employer to levy taxes and 6 26 appropriate funds for the conduct of its operations. 6 27 9.a.The arbitrator may administer oaths, examine 6 28 witnesses and documents, take testimony and receive evidence, 6 29 and issue subpoenas to compel the attendance of witnesses and 6 30 the production of records. The arbitrator may petition the 6 31 district court at the seat of government or of the county 6 32 in which the hearing is held to enforce the order of the 6 33 arbitrator compelling the attendance of witnesses and the 6 34 production of records. 6 35b. Except as required for purposes of the consideration of 7 1 the factors specified in subsection 7, paragraphs "a" through 7 2 "c", and subsection 8, paragraph "a", subparagraphs (1) through 7 3 (3), the parties shall not introduce, and the arbitrator 7 4 shall not accept or consider, any direct or indirect evidence 7 5 regarding any subject excluded from negotiations pursuant to 7 6 section 20.9.7 7 10.a.The arbitrator shall select within fifteen 7 8 days after the hearing the most reasonable offer, in the 7 9 arbitrator's judgment, of the final offers on each impasse item 7 10 submitted by the parties. 7 11b. (1) However, for an arbitration involving a bargaining 7 12 unit that does not have at least thirty percent of members who 7 13 are public safety employees, with respect to any increase in 7 14 base wages, the arbitrator's award shall not exceed the lesser 7 15 of the following percentages in any one=year period in the 7 16 duration of the bargaining agreement:7 17(a) Three percent.7 18(b) A percentage equal to the increase in the consumer 7 19 price index for all urban consumers for the midwest region, 7 20 if any, as determined by the United States department of 7 21 labor, bureau of labor statistics, or a successor index. Such 7 22 percentage shall be the change in the consumer price index 7 23 for the twelve=month period beginning eighteen months prior 7 24 to the month in which the impasse item regarding base wages 7 25 was submitted to the arbitrator and ending six months prior to 7 26 the month in which the impasse item regarding base wages was 7 27 submitted to the arbitrator.7 28(2) To assist the parties in the preparation of their final 7 29 offers on an impasse item regarding base wages, the board 7 30 shall provide information to the parties regarding the change 7 31 in the consumer price index for all urban consumers for the 7 32 midwest region for any twelve=month period. The department of 7 33 workforce development shall assist the board in preparing such 7 34 information upon request.7 35 Sec. 13. Section 20.22, subsection 8, Code 2018, is amended 8 1 by striking the subsection. 8 2 Sec. 14. Section 20.26, subsection 4, Code 2018, is amended 8 3 to read as follows: 8 4 4. Nothing in this section shall be construed to prohibit 8 5 voluntary contributions by individuals to political parties 8 6 or candidates, provided that such contributions are not made 8 7 through payroll deductions. 8 8 Sec. 15. Section 20.29, Code 2018, is amended to read as 8 9 follows: 8 10 20.29 Filing agreement ==== public access==== internet site. 8 111. Collective bargaining agreements shall be in writing and 8 12 shall be signed by the parties.8 132. A copy of a collective bargaining agreement entered into 8 14 between a public employer and a certified employee organization 8 15 and made final under this chapter shall be filed with the board 8 16 by the public employer within ten days of the date on which the 8 17 agreement is entered into.8 183.Copies of collective bargaining agreements entered 8 19 into between the state and the state employees' bargaining 8 20 representatives and made final under this chapter shall be 8 21 filed with the secretary of state and be made available to the 8 22 public at cost. 8 234. The board shall maintain an internet site that allows 8 24 searchable access to a database of collective bargaining 8 25 agreements and other collective bargaining information.8 26 Sec. 16. Section 20.30, Code 2018, is amended by striking 8 27 the section and inserting in lieu thereof the following: 8 28 20.30 Supervisory member ==== no reduction before retirement. 8 29 A supervisory member of any department or agency employed by 8 30 the state of Iowa shall not be granted a voluntary reduction to 8 31 a nonsupervisory rank or grade during the six months preceding 8 32 retirement of the member. A member of any department or agency 8 33 employed by the state of Iowa who retires in less than six 8 34 months after voluntarily requesting and receiving a reduction 8 35 in rank or grade from a supervisory to a nonsupervisory 9 1 position shall be ineligible for a benefit to which the member 9 2 is entitled as a nonsupervisory member but is not entitled as a 9 3 supervisory member. 9 4 The provisions of this section shall be effective during the 9 5 collective bargaining agreement in effect from July 1, 1979, 9 6 to June 30, 1981. 9 7 Sec. 17. Section 20.31, subsection 2, unnumbered paragraph 9 8 1, Code 2018, is amended to read as follows: 9 9 A mediator shall not be required to testify in any judicial, 9 10 administrative,arbitration,or grievance proceeding regarding 9 11 any matters occurring in the course of a mediation, including 9 12 any verbal or written communication or behavior, other than 9 13 facts relating exclusively to the timing or scheduling of 9 14 mediation. A mediator shall not be required to produce or 9 15 disclose any documents, including notes, memoranda, or other 9 16 work product, relating to mediation, other than documents 9 17 relating exclusively to the timing or scheduling of mediation. 9 18 This subsection shall not apply in any of the following 9 19 circumstances: 9 20 Sec. 18. Section 22.7, subsection 69, Code 2018, is amended 9 21 to read as follows: 9 22 69. The evidence of public employee support for 9 23 the certification, retention and recertification,or 9 24 decertification of an employee organization as defined in 9 25 section 20.3 that is submitted to the public employment 9 26 relations board as provided in section 20.14 or 20.15. 9 27 Sec. 19. Section 22.7, subsection 70, Code 2018, is amended 9 28 by striking the subsection. 9 29 Sec. 20. Section 70A.17A, Code 2018, is amended by adding 9 30 the following new subsection: 9 31 NEW SUBSECTION. 3. This section shall not affect a payroll 9 32 deduction elected by a state employee pursuant to section 9 33 70A.19. 9 34 Sec. 21. Section 70A.19, Code 2018, is amended by striking 9 35 the section and inserting in lieu thereof the following: 10 1 70A.19 Duration of state payroll deduction for dues of 10 2 employee organization member. 10 3 A state employee who elects a payroll deduction for 10 4 membership dues to an employee organization pursuant to the 10 5 provisions of a collective bargaining agreement negotiated 10 6 under the provisions of chapter 20 shall maintain the deduction 10 7 for a period of one year or until the expiration of the 10 8 collective bargaining agreement, whichever occurs first. A 10 9 state employee who transfers employment to a position covered 10 10 by a different collective bargaining agreement or who becomes 10 11 a management employee is not subject to this requirement. 10 12 With respect to state employees, this section supersedes the 10 13 provisions of section 20.9 allowing termination of a dues 10 14 checkoff at any time but does not supersede the requirement for 10 15 thirty days' written notice of termination. 10 16 Sec. 22. Section 412.2, subsection 1, Code 2018, is amended 10 17 to read as follows: 10 18 1. From the proceeds of the assessments on the wages 10 19 and salaries of employees, of any such waterworks system, 10 20 or other municipally owned and operated public utility, 10 21 eligible to receive the benefits thereof. Notwithstanding 10 22 any provisions of section 20.9 to the contrary, a council, 10 23 board of waterworks, or other board or commission which 10 24 establishes a pension and annuity retirement system pursuant to 10 25 this chapter, shall negotiate in good faith with a certified 10 26 employee organization as defined in section 20.3, which is the 10 27 collective bargaining representative of the employees, with 10 28 respect to the amount or rate of the assessment on the wages 10 29 and salaries of employees and the method or methods for payment 10 30 of the assessment by the employees. 10 31 Sec. 23. Section 602.1401, subsection 3, paragraph b, Code 10 32 2018, is amended to read as follows: 10 33 b. For purposes of chapter 20, the certified representative, 10 34 which on July 1, 1983, represents employees who become judicial 10 35 branch employees as a result of 1983 Iowa Acts, ch. 186, shall 11 1 remain the certified representative when the employees become 11 2 judicial branch employees and thereafter, unless the public 11 3 employee organization isnot retained and recertified or is11 4 decertified in an election held under section 20.15 or amended 11 5 or absorbed into another certified organization pursuant to 11 6 chapter 20. Collective bargaining negotiations shall be 11 7 conducted on a statewide basis and the certified employee 11 8 organizations which engage in bargaining shall negotiate on a 11 9 statewide basis, although bargaining units shall be organized 11 10 by judicial district. The public employment relations board 11 11 shall adopt rules pursuant to chapter 17A to implement this 11 12 subsection. 11 13 Sec. 24. REPEAL. Sections 20.32 and 20.33, Code 2018, are 11 14 repealed. 11 15 Sec. 25. TRANSITION PROCEDURES ==== DEADLINE ==== EMERGENCY 11 16 RULES. 11 17 1. As of the effective date of this division of this Act, 11 18 parties, mediators, and arbitrators engaging in any collective 11 19 bargaining procedures provided for in chapter 20, Code 2018, 11 20 who have not, before the effective date of this division 11 21 of this Act, completed such procedures, shall immediately 11 22 terminate any such procedures in process. A collective 11 23 bargaining agreement negotiated pursuant to such procedures in 11 24 process shall not become effective. Parties, mediators, and 11 25 arbitrators shall not engage in further collective bargaining 11 26 procedures except as provided in this section. Such parties 11 27 shall commence collective bargaining in accordance with section 11 28 20.17, as amended in this division of this Act. Such parties 11 29 shall complete such bargaining not later than June 30, 2018, 11 30 unless the parties mutually agree to a different deadline. 11 31 2. The public employment relations board shall adopt 11 32 emergency rules under section 17A.4, subsection 3, and section 11 33 17A.5, subsection 2, paragraph "b", to provide for procedures 11 34 as deemed necessary to implement the provisions of this section 11 35 and the rules shall be effective immediately upon filing 12 1 unless a later date is specified in the rules. Such rules 12 2 shall include but are not limited to alternative deadlines for 12 3 completion of the procedures provided in sections 20.17 and 12 4 20.22, as amended by this division of this Act, and sections 12 5 20.19 and 20.20, which deadlines may be waived by mutual 12 6 agreement of the parties. 12 7 3. The department of administrative services shall adopt 12 8 emergency rules under section 17A.4, subsection 3, and 12 9 section 17A.5, subsection 2, paragraph "b", to provide for the 12 10 implementation of section 70A.19, as amended by this division 12 11 of this Act, and the rules shall be effective immediately upon 12 12 filing unless a later date is specified in the rules. 12 13 Sec. 26. ELECTIONS ==== DIRECTIVES TO PUBLIC EMPLOYMENT 12 14 RELATIONS BOARD. 12 15 1. The public employment relations board shall cancel any 12 16 elections scheduled or in process pursuant to section 20.15, 12 17 subsection 2, Code 2018, as of the effective date of this Act. 12 18 2. Notwithstanding section 20.15, subsection 1, paragraph 12 19 "c", Code 2018, the public employment relations board 12 20 shall consider a petition for certification of an employee 12 21 organization as the exclusive representative of a bargaining 12 22 unit for which an employee organization was not retained and 12 23 recertified as the exclusive representative of that bargaining 12 24 unit regardless of the amount of time that has elapsed since 12 25 the retention and recertification election at which an employee 12 26 organization was not retained or recertified. 12 27 Sec. 27. EFFECTIVE DATE. This division of this Act, being 12 28 deemed of immediate importance, takes effect upon enactment. 12 29 Sec. 28. APPLICABILITY. With the exception of the 12 30 section of this division of this Act amending section 20.6, 12 31 subsection 1, this division of this Act does not apply to 12 32 collective bargaining agreements which have been ratified in a 12 33 ratification election referred to in section 20.17, subsection 12 34 4, for which an arbitrator has made a final determination as 12 35 described in section 20.22, subsection 11, or which have become 13 1 effective, where such events occurred before the effective 13 2 date of this division of this Act. This division of this Act 13 3 applies to all collective bargaining procedures provided for in 13 4 chapter 20 occurring on and after the effective date of this 13 5 division of this Act and collective bargaining agreements for 13 6 which a ratification election referred to in section 20.17, 13 7 subsection 4, is held, for which an arbitrator makes a final 13 8 determination as described in section 20.22, subsection 11, or 13 9 which become effective on or after the effective date of this 13 10 division of this Act. 13 11 DIVISION II 13 12 EDUCATOR EMPLOYMENT MATTERS 13 13 Sec. 29. Section 279.13, subsections 2 and 5, Code 2018, are 13 14 amended to read as follows: 13 15 2. The contract shall remain in force and effect for the 13 16 period stated in the contract and shall be automatically 13 17 continued for equivalent periods except as modified or 13 18 terminated by mutual agreement of the board of directors and 13 19 the teacher or asmodified orterminated in accordance with 13 20 the provisions specified in this chapter. A contract shall 13 21 not be offered by the employing board to a teacher under its 13 22 jurisdiction prior to March 15 of any year. A teacher who has 13 23 not accepted a contract for the ensuing school year tendered 13 24 by the employing board may resign effective at the end of the 13 25 current school year by filing a written resignation with the 13 26 secretary of the board. The resignation must be filed not 13 27 later than the last day of the current school year or the date 13 28 specified by the employing board for return of the contract, 13 29 whichever date occurs first. However, a teacher shall not be 13 30 required to return a contract to the board or to resign less 13 31 than twenty=one days after the contract has been offered. 13 32 5. Notwithstanding the other provisions of this section, a 13 33 temporary contract may be issued to a teacherfor a period of 13 34 up to six months. Notwithstanding the other provisions of this 13 35 section, a temporary contract may also be issued to a teacher14 1 to fill a vacancy created by a leave of absence in accordance 14 2 with the provisions of section 29A.28, which contract shall 14 3 automatically terminate upon return from military leave of the 14 4 former incumbent of the teaching position. Temporary contracts 14 5and which contract shall not be subject to the provisions of 14 6 sections 279.15 through 279.19, or section 279.27. A separate 14 7 extracurricular contract issued pursuant to section 279.19A to 14 8 a person issued a temporary contract under this section shall 14 9 automatically terminate with the termination of the temporary 14 10 contract as required under section 279.19A, subsection 8. 14 11 Sec. 30. Section 279.13, subsection 4, unnumbered paragraph 14 12 1, Code 2018, is amended to read as follows: 14 13 For purposes of this section, sections 279.14, 279.15, 14 14 279.16through 279.17, 279.19, and 279.27, unless the context 14 15 otherwise requires, "teacher" includes the following individuals 14 16 employed by a community college: 14 17 Sec. 31. Section 279.14, Code 2018, is amended to read as 14 18 follows: 14 19 279.14 Evaluation criteria and procedures. 14 20 1. The board shall establish evaluation criteria and shall 14 21 implement evaluation procedures. If an exclusive bargaining 14 22 representative has been certified, the board shall negotiate 14 23 in good faith with respect to evaluation procedures pursuant 14 24 to chapter 20. 14 25 2. The determination of standards of performance expected 14 26 of school district personnel shall be reserved as an exclusive 14 27 management right of the school board and shall not be subject 14 28 to mandatory negotiations under chapter 20.Objections 14 29Notwithstanding chapter 20, objections to the procedures, 14 30 use, or content of an evaluation in a teacher termination 14 31 proceeding brought before the school board in a hearing held in 14 32 accordance with section 279.16 or 279.27 shall not be subject 14 33 toanythe grievance procedures negotiated in accordance with 14 34 chapter 20. A school district shall not be obligated to 14 35 process any evaluation grievance after service of a notice and 15 1 recommendation to terminate an individual's continuing teaching 15 2 contract in accordance with this chapter. 15 3 Sec. 32. Section 279.15, subsection 2, paragraph c, Code 15 4 2018, is amended to read as follows: 15 5 c. Within five days of the receipt of the written notice 15 6 that the superintendent is recommending termination of the 15 7 contract, the teacher may request, in writing to the secretary 15 8 of the board, a private hearing with the board. The private 15 9 hearing shall not be subject to chapter 21 and shall be held 15 10 no sooner thantwentyten days and no later thanfortytwenty 15 11 days following the receipt of the request unless the parties 15 12 otherwise agree. The secretary of the board shall notify the 15 13 teacher in writing of the date, time, and location of the 15 14 private hearing, and at leasttenfive days before the hearing 15 15 shall also furnish to the teacher any documentation which 15 16 may be presented to the board at the private hearing and a 15 17 list of persons who may address the board in support of the 15 18 superintendent's recommendation at the private hearing. At 15 19 leastseventhree days before the hearing, the teacher shall 15 20 provide any documentation the teacher expects to present at 15 21 the private hearing, along with the names of any persons who 15 22 may address the board on behalf of the teacher. This exchange 15 23 of information shall be at the time specified unless otherwise 15 24 agreed. 15 25 Sec. 33. Section 279.16, Code 2018, is amended by striking 15 26 the section and inserting in lieu thereof the following: 15 27 279.16 Private hearing ==== decision ==== record. 15 28 1. The participants at the private hearing shall be 15 29 at least a majority of the members of the board, their 15 30 legal representatives, if any, the superintendent, the 15 31 superintendent's designated representatives, if any, the 15 32 teacher's immediate supervisor, the teacher, the teacher's 15 33 representatives, if any, and the witnesses for the parties. 15 34 The evidence at the private hearing shall be limited to the 15 35 specific reasons stated in the superintendent's notice of 16 1 recommendation of termination. No participant in the hearing 16 2 shall be liable for any damages to any person if any statement 16 3 at the hearing is determined to be erroneous as long as the 16 4 statement was made in good faith. The superintendent shall 16 5 present evidence and argument on all issues involved and 16 6 the teacher may cross=examine, respond and present evidence 16 7 and argument in the teacher's behalf relevant to all issues 16 8 involved. Evidence may be by stipulation of the parties and 16 9 informal settlement may be made by stipulation, consent, or 16 10 default or by any other method agreed upon by the parties in 16 11 writing. The board shall employ a certified shorthand reporter 16 12 to keep a record of the private hearing. The proceedings 16 13 or any part thereof shall be transcribed at the request of 16 14 either party with the expense of transcription charged to the 16 15 requesting party. 16 16 2. The presiding officer of the board may administer oaths 16 17 in the same manner and with like effect and under the same 16 18 penalties as in the case of magistrates exercising criminal 16 19 or civil jurisdiction. The board shall cause subpoenas to be 16 20 issued for such witnesses and the production of such books 16 21 and papers as either the board or the teacher may designate. 16 22 The subpoenas shall be signed by the presiding officer of the 16 23 board. 16 24 3. In case a witness is duly subpoenaed and refuses to 16 25 attend, or in case a witness appears and refuses to testify 16 26 or to produce required books or papers, the board shall, 16 27 in writing, report such refusal to the district court of 16 28 the county in which the administrative office of the school 16 29 district is located, and the court shall proceed with the 16 30 person or witness as though the refusal had occurred in a 16 31 proceeding legally pending before the court. 16 32 4. The board shall not be bound by common law or statutory 16 33 rules of evidence or by technical or formal rules of procedure, 16 34 but it shall hold the hearing in such manner as is best suited 16 35 to ascertain and conserve the substantial rights of the 17 1 parties. Process and procedure under sections 279.13 to 279.19 17 2 shall be as summary as reasonably may be. 17 3 5. At the conclusion of the private hearing, the 17 4 superintendent and the teacher may file written briefs and 17 5 arguments with the board within three days or such other time 17 6 as may be agreed upon. 17 7 6. If the teacher fails to timely request a private hearing 17 8 or does not appear at the private hearing, the board may 17 9 proceed and make a determination upon the superintendent's 17 10 recommendation. If the teacher fails to timely file a request 17 11 for a private hearing, the determination shall be not later 17 12 than May 31. If the teacher fails to appear at the private 17 13 hearing, the determination shall be not later than five days 17 14 after the scheduled date for the private hearing. The board 17 15 shall convene in open session and by roll call vote determine 17 16 the termination or continuance of the teacher's contract 17 17 and, if the board votes to continue the teacher's contract, 17 18 whether to suspend the teacher with or without pay for a period 17 19 specified by the board. 17 20 7. Within five days after the private hearing, the board 17 21 shall, in executive session, meet to make a final decision 17 22 upon the recommendation and the evidence as herein provided. 17 23 The board shall also consider any written brief and arguments 17 24 submitted by the superintendent and the teacher. 17 25 8. The record for a private hearing shall include: 17 26 a. All pleadings, motions and intermediate rulings. 17 27 b. All evidence received or considered and all other 17 28 submissions. 17 29 c. A statement of all matters officially noticed. 17 30 d. All questions and offers of proof, objections and rulings 17 31 thereon. 17 32 e. All findings and exceptions. 17 33 f. Any decision, opinion, or conclusion by the board. 17 34 g. Findings of fact shall be based solely on the evidence in 17 35 the record and on matters officially noticed in the record. 18 1 9. The decision of the board shall be in writing and shall 18 2 include findings of fact and conclusions of law, separately 18 3 stated. Findings of fact, if set forth in statutory language, 18 4 shall be accompanied by a concise and explicit statement of 18 5 the underlying facts supporting the findings. Each conclusion 18 6 of law shall be supported by cited authority or by reasoned 18 7 opinion. 18 8 10. When the board has reached a decision, opinion, or 18 9 conclusion, it shall convene in open meeting and by roll 18 10 call vote determine the continuance or discontinuance of the 18 11 teacher's contract and, if the board votes to continue the 18 12 teacher's contract, whether to suspend the teacher with or 18 13 without pay for a period specified by the board. The record 18 14 of the private conference and findings of fact and exceptions 18 15 shall be exempt from the provisions of chapter 22. The 18 16 secretary of the board shall immediately mail notice of the 18 17 board's action to the teacher. 18 18 Sec. 34. NEW SECTION. 279.17 Appeal by teacher to 18 19 adjudicator. 18 20 1. If the teacher is no longer a probationary teacher, the 18 21 teacher may, within ten days, appeal the determination of the 18 22 board to an adjudicator by filing a notice of appeal with the 18 23 secretary of the board. The notice of appeal shall contain a 18 24 concise statement of the action which is the subject of the 18 25 appeal, the particular board action appealed from, the grounds 18 26 on which relief is sought and the relief sought. 18 27 2. Within five days following receipt by the secretary 18 28 of the notice of appeal, the board or the board's legal 18 29 representative, if any, and the teacher or the teacher's 18 30 representative, if any, may select an adjudicator who resides 18 31 within the boundaries of the merged area in which the school 18 32 district is located. If an adjudicator cannot be mutually 18 33 agreed upon within the five=day period, the secretary shall 18 34 notify the chairperson of the public employment relations board 18 35 by transmitting the notice of appeal, and the chairperson of 19 1 the public employment relations board shall within five days 19 2 provide a list of five adjudicators to the parties. Within 19 3 three days from receipt of the list of adjudicators, the 19 4 parties shall select an adjudicator by alternately removing a 19 5 name from the list until only one name remains. The person 19 6 whose name remains shall be the adjudicator. The parties shall 19 7 determine by lot which party shall remove the first name from 19 8 the list submitted by the chairperson of the public employment 19 9 relations board. The secretary of the board shall inform the 19 10 chairperson of the public employment relations board of the 19 11 name of the adjudicator selected. 19 12 3. If the teacher does not timely request an appeal to an 19 13 adjudicator, the decision, opinion, or conclusion of the board 19 14 shall become final and binding. 19 15 4. a. Within thirty days after filing the notice of appeal, 19 16 or within further time allowed by the adjudicator, the board 19 17 shall transmit to the adjudicator the original or a certified 19 18 copy of the entire record of the private hearing which may be 19 19 the subject of the petition. By stipulation of the parties 19 20 to review the proceedings, the record of the case may be 19 21 shortened. The adjudicator may require or permit subsequent 19 22 corrections or additions to the shortened record. 19 23 b. The record certified and filed by the board shall be the 19 24 record upon which the appeal shall be heard and no additional 19 25 evidence shall be heard by the adjudicator. In such appeal to 19 26 the adjudicator, especially when considering the credibility 19 27 of witnesses, the adjudicator shall give weight to the fact 19 28 findings of the board but shall not be bound by them. 19 29 5. Before the date set for hearing a petition for review 19 30 of board action, which shall be within ten days after 19 31 receipt of the record unless otherwise agreed or unless the 19 32 adjudicator orders additional evidence be taken before the 19 33 board, application may be made to the adjudicator for leave to 19 34 present evidence in addition to that found in the record of the 19 35 case. If it is shown to the adjudicator that the additional 20 1 evidence is material and that there were good reasons for 20 2 failure to present it in the private hearing before the board, 20 3 the adjudicator may order that the additional evidence be taken 20 4 before the board upon conditions determined by the adjudicator. 20 5 The board may modify its findings and decision in the case by 20 6 reason of the additional evidence and shall file that evidence 20 7 and any modifications, new findings, or decisions, with the 20 8 adjudicator and mail copies of the new findings or decisions 20 9 to the teacher. 20 10 6. The adjudicator may affirm board action or remand to the 20 11 board for further proceedings. The adjudicator shall reverse, 20 12 modify, or grant any appropriate relief from the board action 20 13 if substantial rights of the teacher have been prejudiced 20 14 because the board action is any of the following: 20 15 a. In violation of a board rule or policy or contract. 20 16 b. Unsupported by a preponderance of the competent evidence 20 17 in the record made before the board when that record is viewed 20 18 as a whole. 20 19 c. Unreasonable, arbitrary or capricious or characterized 20 20 by an abuse of discretion or a clearly unwarranted exercise of 20 21 discretion. 20 22 7. The adjudicator shall, within fifteen days after the 20 23 hearing, make a decision and shall give a copy of the decision 20 24 to the teacher and the secretary of the board. The decision 20 25 of the adjudicator shall become the final and binding decision 20 26 of the board unless either party within ten days notifies the 20 27 secretary of the board that the decision is rejected. The 20 28 board may reject the decision by majority roll call vote, in 20 29 open meeting, entered into the minutes of the meeting. The 20 30 board shall immediately notify the teacher of its decision 20 31 by certified mail. The teacher may reject the adjudicator's 20 32 decision by notifying the board's secretary in writing within 20 33 ten days of the filing of such decision. 20 34 8. All costs of the adjudicator shall be shared equally by 20 35 the teacher and the board. 21 1 Sec. 35. Section 279.18, Code 2018, is amended by striking 21 2 the section and inserting in lieu thereof the following: 21 3 279.18 Appeal by either party to court. 21 4 1. If either party rejects the adjudicator's decision, 21 5 the rejecting party shall, within thirty days of the initial 21 6 filing of such decision, appeal to the district court of 21 7 the county in which the administrative office of the school 21 8 district is located. The notice of appeal shall be immediately 21 9 mailed by certified mail to the other party. The adjudicator 21 10 shall transmit to the reviewing court the original or a 21 11 certified copy of the entire record which may be the subject 21 12 of the petition. By stipulation of all parties to the review 21 13 proceedings, the record of such a case may be shortened. A 21 14 party unreasonably refusing to stipulate to limit the record 21 15 may be taxed by the court for the additional cost. The court 21 16 may require or permit subsequent corrections or additions to 21 17 the shortened record. 21 18 2. In proceedings for judicial review of the adjudicator's 21 19 decision, the court shall not hear any further evidence 21 20 but shall hear the case upon the certified record. In such 21 21 judicial review, especially when considering the credibility of 21 22 witnesses, the court shall give weight to the fact findings of 21 23 the board but shall not be bound by them. The court may affirm 21 24 the adjudicator's decision or remand to the adjudicator or the 21 25 board for further proceedings upon conditions determined by the 21 26 court. The court shall reverse, modify, or grant any other 21 27 appropriate relief from the board decision or the adjudicator's 21 28 decision equitable or legal and including declaratory relief 21 29 if substantial rights of the petitioner have been prejudiced 21 30 because the action is any of the following: 21 31 a. In violation of constitutional or statutory provisions. 21 32 b. In excess of the statutory authority of the board or the 21 33 adjudicator. 21 34 c. In violation of a board rule or policy or contract. 21 35 d. Made upon unlawful procedure. 22 1 e. Affected by other error of law. 22 2 f. Unsupported by a preponderance of the competent evidence 22 3 in the record made before the board and the adjudicator when 22 4 that record is viewed as a whole. 22 5 g. Unreasonable, arbitrary or capricious or characterized 22 6 by an abuse of discretion or a clearly unwarranted exercise of 22 7 discretion. 22 8 3. An aggrieved or adversely affected party to the judicial 22 9 review proceeding may obtain a review of any final judgment of 22 10 the district court by appeal to the supreme court. The appeal 22 11 shall be taken as in other civil cases, although the appeal may 22 12 be taken regardless of the amount involved. 22 13 4. For purposes of this section, unless the context 22 14 otherwise requires, "rejecting party" shall include but not be 22 15 limited to an instructor employed by a community college. 22 16 Sec. 36. Section 279.19, Code 2018, is amended by striking 22 17 the section and inserting in lieu thereof the following: 22 18 279.19 Probationary period. 22 19 1. The first three consecutive years of employment of 22 20 a teacher in the same school district are a probationary 22 21 period. However, if the teacher has successfully completed a 22 22 probationary period of employment for another school district 22 23 located in Iowa, the probationary period in the current 22 24 district of employment shall not exceed one year. A board of 22 25 directors may waive the probationary period for any teacher who 22 26 previously has served a probationary period in another school 22 27 district and the board may extend the probationary period for 22 28 an additional year with the consent of the teacher. 22 29 2. a. In the case of the termination of a probationary 22 30 teacher's contract, the provisions of sections 279.15 and 22 31 279.16 shall apply. However, if the probationary teacher is a 22 32 beginning teacher who fails to demonstrate competence in the 22 33 Iowa teaching standards in accordance with chapter 284, the 22 34 provisions of sections 279.17 and 279.18 shall also apply. 22 35 b. The board's decision shall be final and binding unless 23 1 the termination was based upon an alleged violation of a 23 2 constitutionally guaranteed right of the teacher or an alleged 23 3 violation of public employee rights of the teacher under 23 4 section 20.10. 23 5 3. Notwithstanding any provision to the contrary, the 23 6 grievance procedures of section 20.18 relating to job 23 7 performance or job retention shall not apply to a teacher 23 8 during the first two years of the teacher's probationary 23 9 period. However, this subsection shall not apply to a teacher 23 10 who has successfully completed a probationary period in a 23 11 school district in Iowa. 23 12 Sec. 37. Section 279.19A, subsections 1, 2, 7, and 8, Code 23 13 2018, are amended to read as follows: 23 14 1. School districts employing individuals to coach 23 15 interscholastic athletic sports shall issue a separate 23 16 extracurricular contract for each of these sports. An 23 17 extracurricular contract offered under this section shall be 23 18 separate from the contract issued under section 279.13. Wages 23 19 for employees who coach these sports shall be paid pursuant 23 20 to established or negotiated supplemental pay schedules. 23 21 An extracurricular contract shall be in writing, and shall 23 22 state the number of contract days for that sport, the annual 23 23 compensation to be paid, and any other matters as may be 23 24 mutually agreed upon. The contract shall be for a single 23 25 school year. 23 26 2. a. An extracurricular contract shall be continued 23 27 automatically in force and effect for equivalent periods, 23 28 except as modified or terminated by mutual agreement of 23 29 the board of directors and the employee, or terminated in 23 30 accordance with this section. An extracurricular contract 23 31 shall initially be offered by the employing board to an 23 32 individual on the same date that contracts are offered to 23 33 teachers under section 279.13. An extracurricular contract 23 34 may be terminated at the end of a school year pursuant to 23 35 sections 279.15 through 279.19. If the school district offers 24 1 an extracurricular contract for a sport for the subsequent 24 2 school year to an employee who is currently performing 24 3 under an extracurricular contract for that sport, and the 24 4 employee does not wish to accept the extracurricular contract 24 5 for the subsequent year, the employee may resign from the 24 6 extracurricular contract within twenty=one days after it has 24 7 been received. 24 8 b.If the provisions of an extracurricular contract executed 24 9 under this section conflict with a collective bargaining 24 10 agreement negotiated under chapter 20 and effective when the 24 11 extracurricular contract is executed or renewed, the provisions 24 12 of the collective bargaining agreement shall prevailSection 24 13 279.13, subsection 3, applies to this section. 24 14 7. An extracurricular contract may be terminated prior to 24 15 the expiration of that contractfor any lawful reason following 24 16 an informal, private hearing before the board of directors 24 17pursuant to section 279.27.The decision of the board to 24 18 terminate an extracurricular contract shall be final.24 19 8. a. A termination proceeding regarding an extracurricular 24 20 contractshalleither by the board pursuant to subsection 2 or 24 21 pursuant to section 279.27 does not affect a contract issued 24 22 pursuant to section 279.13. 24 23 b. A termination of a contract entered into pursuant to 24 24 section 279.13, or a resignation from that contract by the 24 25 teacher, constitutes an automatic termination or resignation of 24 26 the extracurricular contract in effect between the same teacher 24 27 and the employing school board. 24 28 Sec. 38. Section 279.23, subsection 1, paragraph c, Code 24 29 2018, is amended to read as follows: 24 30 c. Therate ofcompensation per week of five consecutive 24 31 days or month of four consecutive weeks. 24 32 Sec. 39. Section 279.23, subsection 5, Code 2018, is amended 24 33 to read as follows: 24 34 5. Notwithstanding the other provisions of this section, 24 35 a temporary contract may be issued to an administratorfor 25 1 up to nine months. Notwithstanding the other provisions of 25 2 this section, a temporary contract may also be issued to 25 3 an administratorto fill a vacancy created by a leave of 25 4 absence in accordance with the provisions of section 29A.28, 25 5 which contract shall automatically terminate upon return from 25 6 military leave of the former incumbent of the administrator 25 7 position. Temporary contractsand which contract shall not be 25 8 subject to the provisions of sections 279.24 and 279.25. 25 9 Sec. 40. Section 279.24, subsections 2 and 4, Code 2018, are 25 10 amended to read as follows: 25 11 2. If the board of directors is considering termination of 25 12 an administrator's contract, prior to any formal action, the 25 13 board may arrange to meet in closed session, in accordance with 25 14 the provisions of section 21.5, with the administrator and the 25 15 administrator's representative. The board shall review the 25 16 administrator's evaluation, review the reasons for nonrenewal, 25 17 and give the administrator an opportunity to respond. If, 25 18 following the closed session, the board of directors and the 25 19 administrator are unable to mutually agree to a modification 25 20 or termination of the administrator's contract, or the board 25 21 of directorsmay issueand the administrator are unable to 25 22 mutually agree to enter into a one=year, nonrenewable contract, 25 23totheadministrator. If theboard of directorsdecides to 25 24 terminate the administrator's contract, the boardshall follow 25 25 the procedures in this section. 25 26 4. Administrators employed in a school district for 25 27 less thanthreetwo consecutive years are probationary 25 28 administrators. However, a school board may waive the 25 29 probationary period for any administrator who has previously 25 30 served a probationary period in another school district and 25 31 the school board may extend the probationary period for an 25 32 additional year with the consent of the administrator. If a 25 33 school board determines that it should terminate a probationary 25 34 administrator's contract, the school board shall notify the 25 35 administrator not later than May 15 that the contract will not 26 1 be renewed beyond the current year. The notice shall be in 26 2 writing by letter, personally delivered, or mailed by certified 26 3 mail. The notification shall be complete when received by the 26 4 administrator. Within ten days after receiving the notice, the 26 5 administrator may request a private conference with the school 26 6 board to discuss the reasons for termination. The school 26 7 board's decision to terminate a probationary administrator's 26 8 contract shall be final unless the termination was based upon 26 9 an alleged violation of a constitutionally guaranteed right of 26 10 the administrator. 26 11 Sec. 41. Section 279.24, subsection 5, paragraphs c, d, e, 26 12 f, g, and h, Code 2018, are amended to read as follows: 26 13 c. Within five days after receipt of the written notice 26 14 that the school board has voted to consider termination of 26 15 the contract, the administrator may requesta private hearing26 16 in writing to the secretary of the school board. The board 26 17 shall then forwardthat the notification be forwarded to the 26 18 board of educational examiners along with a request that the 26 19 board of educational examiners submit a list of five qualified 26 20 administrative law judges to the parties. Within three 26 21 days from receipt of the list the parties shall select an 26 22 administrative law judge by alternately removing a name from 26 23 the list until only one name remains. The person whose name 26 24 remains shall be the administrative law judge. The parties 26 25 shall determine by lot which party shall remove the first 26 26 name from the list. Theprivatehearing shall be held no 26 27 sooner thantwentyten days and not later thanfortythirty 26 28 days following the administrator's request unless the parties 26 29 otherwise agree. If the administrator does not request a 26 30privatehearing, the school board, not later than May 31, may 26 31 determine the continuance or discontinuance of the contract 26 32 and, if the board determines to continue the administrator's 26 33 contract, whether to suspend the administrator with or without 26 34 pay for a period specified by the board. School board action 26 35 shall be by majority roll call vote entered on the minutes of 27 1 the meeting. Notice of school board action shall be personally 27 2 delivered or mailed to the administrator. 27 3 d. The administrative law judge selected shall notify 27 4 the secretary of the school board and the administrator in 27 5 writing concerning the date, time, and location of theprivate27 6 hearing. The school board may be represented by a legal 27 7 representative, if any, and the administrator shall appear and 27 8 may be represented by counsel or by representative, if any. 27 9Any witnesses for the parties at the private hearing shall be 27 10 sequestered.A transcript or recording shall be made of the 27 11 proceedings at theprivatehearing. A school board member or 27 12 administrator is not liable for any damage to an administrator 27 13 or school board member if a statement made at theprivate27 14 hearing is determined to be erroneous as long as the statement 27 15 was made in good faith. 27 16 e. The administrative law judge shall, within ten days 27 17 following the date of theprivatehearing, make a proposed 27 18 decision as to whether or not the administrator should be 27 19 dismissed, and shall give a copy of the proposed decision to 27 20 the administrator and the school board. Findings of fact shall 27 21 be prepared by the administrative law judge. The proposed 27 22 decision of the administrative law judge shall become the final 27 23 decision of the school board unless withinthirtyten days 27 24 after the filing of the decision the administrator files a 27 25 written notice of appeal with the school board, or the school 27 26 board on its own motion determines to review the decision. 27 27 f. If the administrator appeals to the school board, or if 27 28 the school board determines on its own motion to review the 27 29 proposed decision of the administrative law judge, a private 27 30 hearing shall be held before the school board withintenfive 27 31 days after the petition for review, or motion for review, has 27 32 been made or at such other time as the parties agree. The 27 33 private hearing is not subject to chapter 21. The school board 27 34 may hear the case de novo upon the record as submitted before 27 35 the administrative law judge. In cases where there is an 28 1 appeal from a proposed decision or where a proposed decision 28 2 is reviewed on motion of the school board, an opportunity 28 3 shall be afforded to each party to file exceptions, present 28 4 briefs, and present oral arguments to the school board which 28 5 is to render the final decision. The secretary of the school 28 6 board shall give the administrator written notice of the time, 28 7 place, and date of theprivatehearing. The school board shall 28 8 meet within five days after theprivatehearing to determine 28 9 the question of continuance or discontinuance of the contract 28 10 and, if the board determines to continue the administrator's 28 11 contract, whether to suspend the administrator with or 28 12 without pay for a period specified by the boardor issue the 28 13 administrator a one=year, nonrenewable contract. The school 28 14 board shall make findings of fact which shall be based solely 28 15 on the evidence in the record and on matters officially noticed 28 16 in the record. 28 17 g. The decision of the school board shall be in writing 28 18 and shall include findings of fact and conclusions of law, 28 19 separately stated. Findings of fact, if set forth in statutory 28 20 language, shall be accompanied by a concise and explicit 28 21 statement of the underlying facts supporting the findings. 28 22 Each conclusion of law shall be supported by cited authority 28 23 or by reasoned opinion. 28 24 h. When the school board has reached a decision, opinion, 28 25 or conclusion, it shall convene in open meeting and by roll 28 26 call vote determine the continuance or discontinuance of 28 27 the administrator's contract and, if the board votes to 28 28 continue the administrator's contract, whether to suspend the 28 29 administrator with or without pay for a period specified by 28 30 the boardor issue the administrator a one=year, nonrenewable 28 31 contract. The record of the privatehearingconference and 28 32written decision of the boardfindings of fact and exceptions 28 33 shall be exempt from the provisions of chapter 22. The 28 34 secretary of the school board shall immediately personally 28 35 deliver or mail notice of the school board's action to the 29 1 administrator. 29 2 Sec. 42. Section 279.27, Code 2018, is amended to read as 29 3 follows: 29 4 279.27 Discharge of teacher. 29 51.A teacher may be discharged at any time during the 29 6 contract year for just cause. The superintendent or the 29 7 superintendent's designee, shall notify the teacher immediately 29 8 that the superintendent will recommend in writing to the board 29 9 at a regular or special meeting of the board held not more 29 10 than fifteen days after notification has been given to the 29 11 teacher that the teacher's continuing contract be terminated 29 12 effective immediately following a decision of the board. 29 13 The procedure for dismissal shall be as provided in section 29 14 279.15, subsection 2, and sections 279.16 through 279.19. The 29 15 superintendent may suspend a teacher under this section pending 29 16 hearing and determination by the board. 29 172. For purposes of this section, "just cause" includes 29 18 but is not limited to a violation of the code of professional 29 19 conduct and ethics of the board of educational examiners if 29 20 the board has taken disciplinary action against a teacher, 29 21 during the six months following issuance by the board of a 29 22 final written decision and finding of fact after a disciplinary 29 23 proceeding.29 24 Sec. 43. Section 284.3, subsection 2, Code 2018, is amended 29 25 to read as follows: 29 26 2. A school board shall provide for the following: 29 27 a. For purposes of comprehensive evaluations, standards 29 28 and criteria which measure a beginning teacher's performance 29 29 against the Iowa teaching standards specified in subsection 1, 29 30 and the criteria for the Iowa teaching standards developed by 29 31 the department in accordance with section 256.9, to determine 29 32 whether the teacher's practice meets the requirements specified 29 33 for a career teacher. These standards and criteria shall be 29 34 set forth in an instrument provided by the department. The 29 35 comprehensive evaluation and instrument are not subject to 30 1 negotiations or grievance procedures pursuant to chapter 20 or 30 2 determinations made by the board of directors under section 30 3 279.14. A local school board and its certified bargaining 30 4 representative may negotiate, pursuant to chapter 20, 30 5 evaluation and grievance procedures for beginning teachers that 30 6 are not in conflict with this chapter. If, in accordance with 30 7 section 279.19, a beginning teacher appeals the determination 30 8 of a school board to an adjudicator under section 279.17, the 30 9 adjudicator selected shall have successfully completed training 30 10 related to the Iowa teacher standards, the criteria adopted 30 11 by the state board in accordance with subsection 3, and any 30 12 additional training required under rules adopted by the public 30 13 employment relations board in cooperation with the state board. 30 14 b. For purposes of performance reviews for teachers other 30 15 than beginning teachers, evaluations that contain, at a 30 16 minimum, the Iowa teaching standards specified in subsection 30 17 1, as well as the criteria for the Iowa teaching standards 30 18 developed by the department in accordance with section 30 19 256.9, subsection 42. A local school board and its certified 30 20 bargaining representative may negotiate, pursuant to chapter 30 21 20, additional teaching standards and criteria. A local 30 22 school board and its certified bargaining representative shall 30 23 negotiate, pursuant to chapter 20, evaluation and grievance 30 24 procedures for teachers other than beginning teachers that are 30 25 not in conflict with this chapter. 30 26 Sec. 44. Section 284.4, subsection 1, paragraph b, 30 27 subparagraphs (2) and (5), Code 2018, are amended to read as 30 28 follows: 30 29 (2) Monitor the evaluation requirements of this chapter 30 30 to ensure evaluations are conducted in a fair and consistent 30 31 manner throughout the school district or agency.The committee 30 32 shallIn addition to any negotiated evaluation procedures, 30 33 develop model evidence for the Iowa teaching standards and 30 34 criteria. The model evidence will minimize paperwork and focus 30 35 on teacher improvement. The model evidence will determine 31 1 which standards and criteria can be met with observation and 31 2 which evidence meets multiple standards and criteria. 31 3 (5)DetermineEnsure the agreement negotiated pursuant to 31 4 chapter 20 determines the compensation for teachers on the 31 5 committee for work responsibilities required beyond the normal 31 6 work day. 31 7 Sec. 45. Section 284.8, subsections 2 and 3, Code 2018, are 31 8 amended to read as follows: 31 9 2. If a supervisor or an evaluator determines, at any time, 31 10 as a result of a teacher's performance that the teacher is not 31 11 meeting district expectations under the Iowa teaching standards 31 12 specified in section 284.3, subsection 1, paragraphs "a" 31 13 through "h",andthe criteria for the Iowa teaching standards 31 14 developed by the department in accordance with section 256.9, 31 15 subsection 42, and any other standards or criteria established 31 16 in the collective bargaining agreement, the evaluator shall, 31 17 at the direction of the teacher's supervisor, recommend to 31 18 the district that the teacher participate in an intensive 31 19 assistance program. The intensive assistance program and its 31 20 implementation arenotsubject to negotiation and grievance 31 21 procedures established pursuant to chapter 20. All school 31 22 districts shall be prepared to offer an intensive assistance 31 23 program. 31 24 3. A teacher who is not meeting the applicable standards and 31 25 criteria based on a determination made pursuant to subsection 2 31 26 shall participate in an intensive assistance program.However, 31 27 a teacher who has previously participated in an intensive 31 28 assistance program relating to particular Iowa teaching 31 29 standards or criteria shall not be entitled to participate 31 30 in another intensive assistance program relating to the same 31 31 standards or criteria and shall be subject to the provisions of 31 32 subsection 4.31 33 Sec. 46. Section 284.8, Code 2018, is amended by adding the 31 34 following new subsection: 31 35 NEW SUBSECTION. 2A. If a teacher is denied advancement 32 1 to the career II or advanced teacher level based upon a 32 2 performance review, the teacher may appeal the decision to an 32 3 adjudicator under the process established under section 279.17. 32 4 However, the decision of the adjudicator is final. 32 5 Sec. 47. Section 284.8, subsection 4, Code 2018, is amended 32 6 by striking the subsection. 32 7 Sec. 48. EFFECTIVE DATE. This division of this Act, being 32 8 deemed of immediate importance, takes effect upon enactment. 32 9 Sec. 49. APPLICABILITY. This division of this Act applies 32 10 to employment contracts of school employees entered into 32 11 pursuant to chapter 279 on and after the effective date of 32 12 this division of this Act. This division of this Act does 32 13 not apply to collective bargaining agreements which have been 32 14 ratified in a ratification election referred to in section 32 15 20.17, subsection 4, for which an arbitrator has made a final 32 16 determination as described in section 20.22, subsection 11, 32 17 or which have become effective, where such events occurred 32 18 before the effective date of this division of this Act. This 32 19 division of this Act applies to all collective bargaining 32 20 procedures provided for in chapter 20 occurring on and after 32 21 the effective date of this division of this Act and collective 32 22 bargaining agreements pursuant to chapter 20 for which a 32 23 ratification election referred to in section 20.17, subsection 32 24 4, is held, for which an arbitrator makes a final determination 32 25 as described in section 20.22, subsection 11, or which become 32 26 effective on or after the effective date of this division of 32 27 this Act. 32 28 DIVISION III 32 29 PERSONNEL RECORDS AND SETTLEMENT AGREEMENTS 32 30 Sec. 50. Section 22.7, subsection 11, paragraph a, 32 31 subparagraph (5), Code 2018, is amended to read as follows: 32 32 (5) The fact that the individualresigned in lieu of 32 33 termination,was discharged, or was demotedas the result of 32 34 a final disciplinary action, and the documented reasons and 32 35 rationale for the resignation in lieu of termination, the 33 1 discharge, or the demotion. For purposes of this subparagraph, 33 2 "demoted" and "demotion" mean a change of an employee from 33 3 a position in a given classification to a position in a 33 4 classification having a lower pay gradeupon the exhaustion of 33 5 all applicable contractual, legal, and statutory remedies. 33 6 Sec. 51. REPEAL. Sections 22.13A and 22.15, Code 2018, are 33 7 repealed. 33 8 Sec. 52. EFFECTIVE DATE. This division of this Act, being 33 9 deemed of immediate importance, takes effect upon enactment. 33 10 Sec. 53. APPLICABILITY. This division of this Act applies 33 11 to requests for records pursuant to chapter 22 submitted on or 33 12 after the effective date of this division of this Act. 33 13 DIVISION IV 33 14 CITY CIVIL SERVICE REQUIREMENTS 33 15 Sec. 54. Section 400.12, subsection 4, Code 2018, is amended 33 16 by striking the subsection. 33 17 Sec. 55. Section 400.17, subsection 4, Code 2018, is amended 33 18 to read as follows: 33 19 4. A person shall not be appointed, denied appointment, 33 20 promoted,removed,discharged,suspended,or demoted to or 33 21 from a civil service position or in any other way favored or 33 22 discriminated against in that position because of political 33 23 or religious opinions or affiliations, race, national origin, 33 24 sex, or age, or in retaliation for the exercise of any right 33 25 enumerated in this chapter. However, the maximum age for a 33 26 police officer or fire fighter covered by this chapter and 33 27 employed for police duty or the duty of fighting fires is 33 28 sixty=five years of age. 33 29 Sec. 56. Section 400.18, Code 2018, is amended by striking 33 30 the section and inserting in lieu thereof the following: 33 31 400.18 Removal, demotion, or suspension. 33 32 1. A person holding civil service rights as provided in 33 33 this chapter shall not be removed, demoted, or suspended 33 34 arbitrarily, except as otherwise provided in this chapter, but 33 35 may be removed, demoted, or suspended after a hearing by a 34 1 majority vote of the civil service commission, for neglect of 34 2 duty, disobedience, misconduct, or failure to properly perform 34 3 the person's duties. 34 4 2. The party alleging neglect of duty, disobedience, 34 5 misconduct, or failure to properly perform a duty shall have 34 6 the burden of proof. 34 7 3. A person subject to a hearing has the right to be 34 8 represented by counsel at the person's expense or by the 34 9 person's authorized collective bargaining representative. 34 10 Sec. 57. Section 400.19, Code 2018, is amended to read as 34 11 follows: 34 12 400.19 Removal,or discharge, demotion, or suspensionof 34 13 subordinates. 34 14 The person having the appointing power as provided in 34 15 this chapter, or the chief of police or chief of the fire 34 16 department, may, upon presentation of grounds for such action 34 17 to the subordinate in writing,peremptorilyremove, discharge, 34 18 demote, orsuspend, demote, or discharge a subordinate then 34 19 under the person's or chief's directiondue to any act or 34 20 failure to act by the employee that is in contravention of law, 34 21 city policies, or standard operating procedures, or that in 34 22 the judgment of the person or chief is sufficient to show that 34 23 the employee is unsuitable or unfit for employmentfor neglect 34 24 of duty, disobedience of orders, misconduct, or failure to 34 25 properly perform the subordinate's duties. 34 26 Sec. 58. Section 400.20, Code 2018, is amended to read as 34 27 follows: 34 28 400.20 Appeal. 34 29 Theremoval, dischargesuspension, demotion, orsuspension 34 30discharge of a person holding civil service rights may be 34 31 appealed to the civil service commission within fourteen 34 32 calendar days after theremoval, dischargesuspension, 34 33 demotion, orsuspensiondischarge. 34 34 Sec. 59. Section 400.21, Code 2018, is amended to read as 34 35 follows: 35 1 400.21 Notice of appeal. 35 2 If the appeal be taken by the personremoved, discharged 35 3suspended, demoted, orsuspendeddischarged, notice thereof, 35 4 signed by the appellant and specifying the ruling appealed 35 5 from, shall be filed with the clerk of the commission; if by 35 6 the person making suchremoval, dischargesuspension, demotion, 35 7 orsuspensiondischarge, such notice shall also be served upon 35 8 the personremoved, dischargedsuspended, demoted, orsuspended 35 9discharged. 35 10 Sec. 60. Section 400.22, Code 2018, is amended to read as 35 11 follows: 35 12 400.22 Charges. 35 13 Within fourteen calendar days from the service of the notice 35 14 of appeal, the person or body making the ruling appealed 35 15 from shall file with the body to which the appeal is taken a 35 16 written specification of the charges and grounds upon which the 35 17 ruling was based. If the charges are not filed, the person 35 18removed,suspended or discharged, demoted, or suspendedmay 35 19 present the matter to the body to whom the appeal is to be 35 20 taken by affidavit, setting forth the facts, and the body to 35 21 whom the appeal is to be taken shall immediately enter an 35 22 order reinstating the personremoved,suspended or discharged, 35 23 demoted, or suspendedfor want of prosecution. 35 24 Sec. 61. Section 400.27, subsection 3, Code 2018, is amended 35 25 to read as follows: 35 26 3. The city or any civil service employee shall have a 35 27 right to appeal to the district court from the final ruling or 35 28 decision of the civil service commission. The appeal shall be 35 29 taken within thirty days from the filing of the formal decision 35 30 of the commission. The district court of the county in which 35 31 the city is located shall have full jurisdiction of the appeal. 35 32The scope of review for the appeal shall be limited to de novo 35 33 appellate review without a trial or additional evidenceThe 35 34 appeal shall be a trial de novo as an equitable action in the 35 35 district court. 36 1 Sec. 62. Section 400.28, Code 2018, is amended by striking 36 2 the section and inserting in lieu thereof the following: 36 3 400.28 Employees ==== number diminished. 36 4 1. When the public interest requires a diminution of 36 5 employees in a classification or grade under civil service, 36 6 the city council, acting in good faith, may do either of the 36 7 following: 36 8 a. Abolish the office and remove the employee from the 36 9 employee's classification or grade thereunder. 36 10 b. Reduce the number of employees in any classification or 36 11 grade by suspending the necessary number. 36 12 2. In case it thus becomes necessary to so remove or suspend 36 13 any such employees, the persons so removed or suspended shall 36 14 be those having seniority of the shortest duration in the 36 15 classifications or grades affected, and such seniority shall be 36 16 computed as provided in section 400.12 for all persons holding 36 17 seniority in the classification or grade affected, regardless 36 18 of their seniority in any other classification or grade, but 36 19 any such employee so removed from any classification or grade 36 20 shall revert to the employee's seniority in the next lower 36 21 grade or classification; if such seniority is equal, then the 36 22 one less efficient and competent as determined by the person or 36 23 body having the appointing power shall be the one affected. 36 24 3. In case of removal or suspension, the civil service 36 25 commission shall issue to each person affected one certificate 36 26 showing the person's comparative seniority or length of service 36 27 in each of the classifications or grades from which the person 36 28 is so removed and the fact that the person has been honorably 36 29 removed. The certificate shall also list each classification 36 30 or grade in which the person was previously employed. The 36 31 person's name shall be carried for a period of not less than 36 32 three years after the suspension or removal on a preferred list 36 33 and appointments or promotions made during that period to the 36 34 person's former duties in the classification or grade shall 36 35 be made in the order of greater seniority from the preferred 37 1 lists. 37 2 Sec. 63. SENIORITY RIGHTS REESTABLISHED. The seniority 37 3 rights of any civil service employee extinguished pursuant 37 4 to section 400.12, subsection 4, Code 2018, are hereby 37 5 reestablished, including accrual of seniority during the period 37 6 of extinguishment. 37 7 Sec. 64. EFFECTIVE DATE. This division of this Act, being 37 8 deemed of immediate importance, takes effect upon enactment. 37 9 Sec. 65. APPLICABILITY. This division of this Act applies 37 10 to employment actions taken on or after the effective date of 37 11 this division of this Act. 37 12 DIVISION V 37 13 HEALTH INSURANCE MATTERS 37 14 Sec. 66. REPEAL. Section 70A.41, Code 2018, is repealed. 37 15 Sec. 67. EFFECTIVE DATE. This division of this Act, being 37 16 deemed of immediate importance, takes effect upon enactment. 37 17 EXPLANATION 37 18 The inclusion of this explanation does not constitute agreement with 37 19 the explanation's substance by the members of the general assembly. 37 20 This bill relates to employment matters involving public 37 21 employees including collective bargaining, educator employment 37 22 matters, personnel records and settlement agreements, city 37 23 civil service requirements, and health insurance matters. 37 24 The bill generally strikes statutory changes made by 2017 37 25 Iowa Acts, House File 291, and restores statutory language in 37 26 effect prior to the enactment of 2017 Iowa Acts, House File 37 27 291. Additional changes are made to Code section 20.9 relating 37 28 to the scope of negotiations for public employee collective 37 29 bargaining. 37 30 DIVISION I ==== PUBLIC EMPLOYEE COLLECTIVE BARGAINING. 37 31 This division makes a variety of changes to Code chapter 37 32 20, the public employment relations Act, as well as other 37 33 Code provisions relating to collective bargaining by public 37 34 employees. 37 35 ELIMINATION OF PUBLIC SAFETY AND TRANSIT EMPLOYEE 38 1 CATEGORIES. The division eliminates public safety employees 38 2 and transit employees as separate categories of employees for 38 3 the purposes of public employee collective bargaining, making 38 4 affected provisions of Code chapter 20 applicable to all public 38 5 employees governed by Code chapter 20. 38 6 SCOPE OF NEGOTIATIONS. The division makes changes to 38 7 subjects which are negotiated through collective bargaining 38 8 between public employers and public employees under Code 38 9 section 20.9. 38 10 The division provides that the scope of negotiations for 38 11 all public employees shall consist of wages, hours, vacations, 38 12 insurance, holidays, leaves of absence, shift differentials, 38 13 overtime compensation, supplemental pay, seniority, transfer 38 14 procedures, job classifications, health and safety matters, 38 15 evaluation procedures, procedures for staff reduction, 38 16 in=service training, dues checkoff, grievance procedures for 38 17 resolving any questions arising under the agreement, and 38 18 other matters mutually agreed upon. The division provides 38 19 that retirement systems shall be excluded from the scope of 38 20 negotiations. 38 21 The division strikes language providing that mandatory 38 22 subjects of negotiation under Code section 20.9 shall be 38 23 interpreted narrowly and restrictively. The division strikes 38 24 language limiting the term of a collective bargaining agreement 38 25 entered into pursuant to Code chapter 20 to a maximum of five 38 26 years. 38 27 ARBITRATION PROCEDURES. The division makes changes to the 38 28 procedures for arbitration of impasses in collective bargaining 38 29 between public employers and public employees under Code 38 30 section 20.22. 38 31 The division modifies the factors that an arbitrator is 38 32 required to consider in addition to any other relevant factors 38 33 in making a final determination on an impasse item. The 38 34 division requires an arbitrator to consider past collective 38 35 bargaining contracts between the parties including the 39 1 bargaining that led up to such contracts; comparison of wages, 39 2 hours, and conditions of employment of the involved public 39 3 employees with those of other public employees doing comparable 39 4 work, giving consideration to factors peculiar to the area and 39 5 the classifications involved; the interests and welfare of the 39 6 public, the ability of the public employer to finance economic 39 7 adjustments, and the effect of such adjustments on the normal 39 8 standard of services; and the power of the public employer 39 9 to levy taxes and appropriate funds for the conduct of its 39 10 operations. 39 11 The division strikes language permitting the parties to 39 12 agree to change the four=day deadline to serve final offers on 39 13 impasse items after a request for arbitration is received. 39 14 The division strikes language prohibiting the parties to an 39 15 arbitration from introducing, and the arbitrator from accepting 39 16 or considering, any direct or indirect evidence regarding any 39 17 subject excluded from negotiations pursuant to Code section 39 18 20.9. 39 19 The division strikes language providing for a maximum 39 20 increase in base wages in an arbitrator's award. 39 21 PUBLIC EMPLOYEE ELECTIONS. The division makes changes to 39 22 public employee elections conducted pursuant to Code section 39 23 20.15. 39 24 The division strikes language providing for retention and 39 25 recertification elections and requires the public employment 39 26 relations board (PERB) to cancel any such elections scheduled 39 27 or in process. The division requires the PERB to consider a 39 28 petition for certification of an employee organization as the 39 29 exclusive representative of a bargaining unit for which an 39 30 employee organization was not retained and recertified as the 39 31 exclusive representative of that bargaining unit regardless of 39 32 the amount of time that has elapsed since the retention and 39 33 recertification election, notwithstanding prior requirements 39 34 prohibiting such consideration for two years. 39 35 The division provides that the outcome of a certification 40 1 or decertification election is determined by a majority vote 40 2 of the members of the bargaining unit voting, rather than the 40 3 total membership of the bargaining unit. The division provides 40 4 for a runoff election if none of the choices on the ballot in a 40 5 certification election receives a majority vote of the members 40 6 of the bargaining unit voting. 40 7 The division lowers the required percentage of support 40 8 from employees in a bargaining unit required for an employee 40 9 organization that did not submit a petition for certification 40 10 as the exclusive bargaining representative of a bargaining unit 40 11 to be listed on the ballot for a certification election from 30 40 12 percent to 10 percent. 40 13 The division strikes language prohibiting the PERB from 40 14 considering a petition for certification as the exclusive 40 15 bargaining representative of a bargaining unit unless a 40 16 period of two years has elapsed from the date of the last 40 17 certification election in which an employee organization 40 18 was not certified as the exclusive representative of that 40 19 bargaining unit or of the last decertification election in 40 20 which an employee organization was decertified as the exclusive 40 21 representative of that bargaining unit. The division prohibits 40 22 the PERB from considering a petition for certification as the 40 23 exclusive bargaining representative of a bargaining unit for 40 24 one year after the employee organization is not certified in a 40 25 certification election. The division makes additional changes 40 26 relating to the scheduling of decertification elections. 40 27 EMPLOYEE ORGANIZATION DUES. The division strikes a 40 28 prohibition on public entities authorizing or administering 40 29 a deduction from the salaries or wages of its employees for 40 30 membership dues to an employee organization. The division 40 31 provides procedures for administering such dues deductions. 40 32 PERB DUTIES. The division provides that the PERB may 40 33 interpret and apply, as well as administer, Code chapter 20. 40 34 The division strikes language permitting the PERB to 40 35 appoint a certified shorthand reporter to report state employee 41 1 grievance and discipline resolution proceedings, to contract 41 2 with a vendor to conduct elections, to establish fees to cover 41 3 the cost of elections, and to retain certain funds collected by 41 4 the PERB as repayment receipts. 41 5 STATEWIDE COLLECTIVE BARGAINING AGREEMENTS FOLLOWING A 41 6 GUBERNATORIAL ELECTION YEAR. The division strikes language 41 7 providing for modified collective bargaining procedures for a 41 8 proposed, statewide collective bargaining agreement to become 41 9 effective in the year following a general election in which the 41 10 governor and certain other elected officials are elected. 41 11 CONFIDENTIAL RECORDS. The division strikes language 41 12 providing that certain information relating to elections 41 13 conducted by the PERB is a confidential record under Code 41 14 chapter 22, the state open records law. 41 15 MISCELLANEOUS PROVISIONS RELATING TO PUBLIC EMPLOYEE 41 16 COLLECTIVE BARGAINING. The division strikes a definition of 41 17 "supplemental pay". 41 18 The division strikes language providing that a public 41 19 employer has the right to evaluate public employees in 41 20 positions within the public agency. The division strikes 41 21 language providing that a public employee has the right under 41 22 Code section 20.8 to exercise any right or seek any remedy 41 23 provided by law, including but not limited to Code sections 41 24 70A.28 and 70A.29, Code chapter 8A, subchapter IV, and Code 41 25 chapters 216 and 400. 41 26 The division transfers language in Code section 20.10 41 27 prohibiting a public employee or any employee organization 41 28 from negotiating or attempting to negotiate directly with a 41 29 member of the governing board of a public employer if the 41 30 public employer has appointed or authorized a bargaining 41 31 representative for the purpose of bargaining with the public 41 32 employees or their representative to Code section 20.17. 41 33 The division decreases the amount of time before an employee 41 34 organization decertified as the exclusive representative of a 41 35 bargaining unit for violating an injunction against an unlawful 42 1 strike can be certified again from 24 months to 12 months. 42 2 The division strikes language prohibiting voluntary 42 3 contributions by individuals to political parties or candidates 42 4 through payroll deductions. 42 5 The division strikes a requirement that a copy of a final 42 6 collective bargaining agreement be filed with the PERB by 42 7 the public employer within 10 days of the agreement being 42 8 entered into. The division strikes a requirement that the 42 9 PERB maintain an internet site that allows searchable access 42 10 to a database of collective bargaining agreements and other 42 11 collective bargaining information. 42 12 The division changes the period before retirement for a 42 13 prohibited voluntary reduction to a nonsupervisory rank or 42 14 grade by a supervisor and related ineligibility for benefits 42 15 from 36 months to six months. 42 16 The division strikes language providing that a mediator 42 17 shall not be required to testify in any arbitration proceeding 42 18 regarding any matters occurring in the course of a mediation. 42 19 The division requires a council, board of waterworks, or 42 20 other board or commission which establishes a pension and 42 21 annuity retirement system pursuant to Code chapter 412 to 42 22 negotiate in good faith with a certified employee organization 42 23 which is the collective bargaining representative of the 42 24 employees, with respect to the amount or rate of the assessment 42 25 on the wages and salaries of employees and the method or 42 26 methods for payment of the assessment by the employees. 42 27 The division makes additional conforming changes. 42 28 TRANSITION PROVISIONS ==== DEADLINE. The division requires 42 29 parties, mediators, and arbitrators engaging in any collective 42 30 bargaining procedures provided for in Code chapter 20, Code 42 31 2018, who have not, before the effective date of the division, 42 32 completed such procedures, to immediately terminate any such 42 33 procedures in process as of the effective date of the division. 42 34 The division provides that a collective bargaining agreement 42 35 negotiated pursuant to such procedures in process shall not 43 1 become effective. The division prohibits parties, mediators, 43 2 and arbitrators from engaging in further collective bargaining 43 3 procedures except as provided in the division. The division 43 4 requires such parties to commence collective bargaining in 43 5 accordance with Code section 20.17, as amended by the division. 43 6 The division requires such parties to complete such bargaining 43 7 not later than June 30, 2018, unless the parties mutually agree 43 8 to a different deadline. 43 9 The division requires the PERB to adopt emergency rules to 43 10 implement these requirements. The division also requires the 43 11 department of administrative services to adopt emergency rules 43 12 to implement the provisions of the division relating to dues 43 13 deductions. 43 14 EFFECTIVE DATE AND APPLICABILITY PROVISIONS. The division 43 15 takes effect upon enactment. 43 16 With the exception of the section of the division amending 43 17 Code section 20.6, subsection 1, the division does not apply 43 18 to collective bargaining agreements which have been ratified 43 19 in a ratification election, for which an arbitrator has made 43 20 a final determination, or which have become effective, where 43 21 such events occurred before the effective date of the division. 43 22 The division applies to all collective bargaining procedures 43 23 provided for in Code chapter 20 occurring on and after the 43 24 effective date of the division and collective bargaining 43 25 agreements for which a ratification election is held, for which 43 26 an arbitrator makes a final determination, or which become 43 27 effective on or after the effective date of the division. 43 28 DIVISION II ==== EDUCATOR EMPLOYMENT MATTERS. This division 43 29 makes a variety of changes relating to educator employment 43 30 matters. 43 31 TERMINATION OF TEACHER EMPLOYMENT CONTRACTS. The division 43 32 makes various changes relating to the termination of teacher 43 33 employment contracts. 43 34 The division shortens various procedural deadlines 43 35 regarding private hearings held after a superintendent 44 1 recommends termination of a teacher's employment contract. 44 2 The division makes participation in such a private hearing 44 3 by the superintendent, the superintendent's designated 44 4 representatives, the teacher's immediate supervisor, the 44 5 teacher, and the teacher's representatives mandatory on the 44 6 part of those individuals instead of discretionary. The 44 7 division requires that the school board employ a certified 44 8 shorthand reporter to keep a record of a private hearing. 44 9 The division requires the school board to issue subpoenas 44 10 for witnesses and evidence on behalf of the board and the 44 11 teacher. The division provides for a judicial remedy if a 44 12 witness appears and refuses to testify or to produce required 44 13 books or papers at a private hearing. The division authorizes 44 14 the superintendent and the teacher to file written briefs and 44 15 arguments with the board at the conclusion of the private 44 16 hearing. The division provides deadlines for determining 44 17 the status of the teacher's contract if the teacher does not 44 18 request a private hearing. The division requires that the 44 19 decision of the board include findings of fact and conclusions 44 20 of law. The division strikes language authorizing a school 44 21 board which votes to continue a teacher's contract to issue 44 22 the teacher a one=year, nonrenewable contract. The division 44 23 permits a teacher to appeal the board's determination to an 44 24 adjudicator and provides procedures for such appeals. 44 25 TEACHER PROBATIONARY PERIODS. The division makes various 44 26 changes relating to probationary employment of teachers. 44 27 The division decreases from two years to one year the 44 28 length of a teacher's probationary employment period in a 44 29 school district if the teacher has successfully completed a 44 30 probationary period of employment for another school district 44 31 located in Iowa. 44 32 The division provides that requirements for notices of 44 33 termination, private hearings, and appeals applicable to 44 34 nonprobationary teachers whose employment contracts are 44 35 terminated are applicable to probationary teachers whose 45 1 employment contracts are terminated. The division strikes 45 2 alternative procedures for the termination of employment 45 3 contracts of such probationary teachers, including notification 45 4 procedures and the opportunity to request a private conference 45 5 with the school board. 45 6 EXTRACURRICULAR INTERSCHOLASTIC ATHLETIC COACH CONTRACTS. 45 7 The division makes various changes relating to extracurricular 45 8 interscholastic athletic coach employment contracts. 45 9 The division provides that wages for such coaches shall be 45 10 paid pursuant to established or negotiated supplemental pay 45 11 schedules. The division provides that employment contracts 45 12 of such coaches shall be continued automatically in force and 45 13 effect for equivalent periods and that the termination of such 45 14 contracts follows procedures similar to those used for teacher 45 15 contracts. The division strikes language providing that 45 16 employment contracts of such coaches may be terminated prior to 45 17 their expiration for any lawful reason following an informal, 45 18 private hearing before the school board. The division strikes 45 19 language providing that the decision of the school board to 45 20 terminate such a contract is final. 45 21 SCHOOL ADMINISTRATOR EMPLOYMENT MATTERS. The division makes 45 22 various changes relating to school administrator employment 45 23 matters. 45 24 The division provides that the rate of compensation in an 45 25 administrator's employment contract must be on a weekly or 45 26 monthly basis. 45 27 The division strikes language authorizing a school board to 45 28 issue a temporary employment contract to an administrator for 45 29 a period of up to nine months. 45 30 The division strikes language authorizing a school board to 45 31 issue a one=year, nonrenewable employment contract and instead 45 32 authorizes a school board considering the termination of an 45 33 administrator's contract and the administrator to mutually 45 34 agree to enter into such a contract. 45 35 The division decreases the probationary employment period 46 1 for administrators from three years to two years and authorizes 46 2 a school board to waive the probationary period for an 46 3 administrator who previously served a probationary period in 46 4 another school district. 46 5 The division strikes language providing that a hearing 46 6 before an administrative law judge requested by an 46 7 administrator whose employment contract a school board is 46 8 considering terminating shall be a private hearing. The 46 9 division reduces certain procedural deadlines relating to such 46 10 hearings. The division strikes language providing that any 46 11 witnesses for the parties at the hearing shall be sequestered. 46 12 The division requires that the decision of the board include 46 13 findings of fact and conclusions of law. The division strikes 46 14 language authorizing a school board which votes to continue an 46 15 administrator's contract to issue the administrator a one=year, 46 16 nonrenewable contract. 46 17 INTENSIVE ASSISTANCE PROGRAMS. The division makes various 46 18 changes relating to intensive assistance programs. 46 19 The division strikes language providing that a teacher who 46 20 has previously participated in an intensive assistance program 46 21 relating to particular Iowa teaching standards or criteria 46 22 shall not be entitled to participate in another intensive 46 23 assistance program relating to the same standards or criteria. 46 24 The division strikes language providing that following a 46 25 teacher's participation in an intensive assistance program, the 46 26 teacher shall be reevaluated to determine whether the teacher 46 27 successfully completed the intensive assistance program and 46 28 is meeting district expectations under the applicable Iowa 46 29 teaching standards or criteria. The division strikes language 46 30 providing that if the teacher did not successfully complete 46 31 the intensive assistance program or continues not to meet the 46 32 applicable Iowa teaching standards or criteria, the board may 46 33 initiate procedures to terminate the teacher's employment 46 34 contract immediately or at the end of the school year or may 46 35 continue the teacher's contract for a period not to exceed one 47 1 year on a nonrenewable basis and without the right to a private 47 2 hearing. 47 3 MISCELLANEOUS PROVISIONS RELATING TO EDUCATOR EMPLOYMENT 47 4 MATTERS. The division strikes language authorizing a school 47 5 board to issue a temporary employment contract to a teacher for 47 6 a period of up to six months. 47 7 The division strikes language providing that just cause 47 8 for which a teacher may be discharged at any time during the 47 9 contract year under Code section 279.27 includes but is not 47 10 limited to a violation of the code of professional conduct 47 11 and ethics of the board of educational examiners if the board 47 12 has taken disciplinary action against a teacher during the 47 13 six months following issuance by the board of a final written 47 14 decision and finding of fact after a disciplinary proceeding. 47 15 The division either authorizes or requires a school board 47 16 and its certified bargaining representative to negotiate 47 17 various matters pursuant to Code chapter 20. 47 18 The division makes additional conforming changes. 47 19 EFFECTIVE DATE AND APPLICABILITY PROVISIONS. The division 47 20 takes effect upon enactment. 47 21 The division applies to employment contracts of school 47 22 employees entered into pursuant to Code chapter 279 on and 47 23 after the effective date of the division. The division does 47 24 not apply to collective bargaining agreements pursuant to Code 47 25 chapter 20 which have been ratified in a ratification election, 47 26 for which an arbitrator has made a final determination, or 47 27 which have become effective, where such events occurred before 47 28 the effective date of the division. The division applies to 47 29 all collective bargaining procedures provided for in Code 47 30 chapter 20 occurring on and after the effective date of the 47 31 division and collective bargaining agreements pursuant to Code 47 32 chapter 20 for which a ratification election is held, for which 47 33 an arbitrator makes a final determination, or which become 47 34 effective on or after the effective date of the division. 47 35 DIVISION III ==== PERSONNEL RECORDS AND SETTLEMENT AGREEMENTS. 48 1 This division makes changes relating to public employee 48 2 personnel records and settlement agreements. 48 3 PERSONNEL RECORDS. The division strikes language providing 48 4 that certain information relating to the discipline, 48 5 resignation, discharge, or demotion of a public employee is a 48 6 public record and requiring notice to affected employees. 48 7 PERSONNEL SETTLEMENT AGREEMENTS. The division also strikes 48 8 language prohibiting a personnel settlement agreement between 48 9 the state and a state executive branch employee that contains 48 10 confidentiality or nondisclosure provisions that attempt to 48 11 prevent the disclosure of the agreement. 48 12 EFFECTIVE DATE AND APPLICABILITY PROVISIONS. The division 48 13 takes effect upon enactment. 48 14 The division applies to requests for records submitted on or 48 15 after the effective date of the division. 48 16 DIVISION IV ==== CITY CIVIL SERVICE REQUIREMENTS. This 48 17 division makes a variety of changes relating to city civil 48 18 service requirements under Code chapter 400. 48 19 SENIORITY RIGHTS. The division strikes language permitting 48 20 a city council to extinguish statutory seniority rights of 48 21 all city civil service employees who are not employed or 48 22 appointed as a fire fighter or police officer, fire chief or 48 23 police chief, or assistant fire chief or assistant police 48 24 chief, unless otherwise provided in a collective bargaining 48 25 agreement. The division reestablishes any such rights so 48 26 extinguished, including accrual of seniority during the period 48 27 of extinguishment. 48 28 ADVERSE EMPLOYMENT ACTIONS ==== GROUNDS AND PROCEDURES. The 48 29 division provides that adverse employment action may be taken 48 30 against a city civil service employee for neglect of duty, 48 31 disobedience, misconduct, or failure to properly perform the 48 32 person's duties. The division strikes language permitting 48 33 such action to be taken due to any act or failure to act by 48 34 the employee that is in contravention of law, city policies, 48 35 or standard operating procedures, or that in the judgment 49 1 of the person having the appointing power as provided in 49 2 this Code chapter, or the chief of police or chief of the 49 3 fire department, is sufficient to show that the employee is 49 4 unsuitable or unfit for employment. 49 5 The division strikes language providing that the scope of 49 6 review for an appeal to district court from a civil service 49 7 commission shall be limited to de novo appellate review without 49 8 a trial or additional evidence, instead providing that the 49 9 appeal shall be a trial de novo as an equitable action. 49 10 DIMINUTION OF EMPLOYEES. The division provides that a 49 11 diminution of city employees by a city council can only be 49 12 implemented when the public interest requires. The division 49 13 permits a diminution to be carried out either by abolishing 49 14 an office and removing the employee from the employee's 49 15 classification or grade thereunder, or reducing the number of 49 16 employees in any classification or grade by suspending the 49 17 necessary number. The division provides for such removal to be 49 18 carried out based on seniority and requires that employees so 49 19 removed be placed on a preferred list for at least three years 49 20 for purposes of appointments or promotions made during that 49 21 period to the person's former duties. 49 22 MISCELLANEOUS PROVISIONS. The division makes changes in 49 23 terminology relating to adverse employment actions for city 49 24 civil service employees. 49 25 The division makes additional conforming changes. 49 26 EFFECTIVE DATE AND APPLICABILITY PROVISIONS. The division 49 27 takes effect upon enactment. 49 28 The division applies to employment actions taken on or after 49 29 the effective date of the division. 49 30 DIVISION V ==== HEALTH INSURANCE MATTERS. This division 49 31 strikes a requirement that a public employer shall offer health 49 32 insurance to all permanent, full=time public employees employed 49 33 by the public employer. 49 34 EFFECTIVE DATE. The division takes effect upon enactment. LSB 5585YH (5) 87 je/rj
