Bill Text: IA HF291 | 2017-2018 | 87th General Assembly | Enrolled


Bill Title: A bill for an act relating to employment matters involving public employees including collective bargaining, educator employment matters, personnel records and settlement agreements, city civil service requirements, and health insurance matters, making penalties applicable, and including effective date, applicability, and transition provisions. (Formerly HSB 84.) Effective 2-17-17.

Spectrum: Partisan Bill (? 1-0)

Status: (Passed) 2017-02-17 - Signed by Governor. H.J. 414. [HF291 Detail]

Download: Iowa-2017-HF291-Enrolled.html

House File 291 - Enrolled




                              HOUSE FILE       
                              BY  COMMITTEE ON LABOR

                              (SUCCESSOR TO HSB 84)

                              (COMPANION TO SF 213
                                  BY SCHULTZ)
 \5
                                   A BILL FOR
 \1
                                         House File 291

                             AN ACT
 RELATING TO EMPLOYMENT MATTERS INVOLVING PUBLIC EMPLOYEES
    INCLUDING COLLECTIVE BARGAINING, EDUCATOR EMPLOYMENT
    MATTERS, PERSONNEL RECORDS AND SETTLEMENT AGREEMENTS, CITY
    CIVIL SERVICE REQUIREMENTS, AND HEALTH INSURANCE MATTERS,
    MAKING PENALTIES APPLICABLE, AND INCLUDING EFFECTIVE DATE,
    APPLICABILITY, AND TRANSITION PROVISIONS.

 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
                           DIVISION I
              PUBLIC EMPLOYEE COLLECTIVE BARGAINING
    Section 1.  Section 20.3, Code 2017, is amended by adding
 the following new subsections:
    NEW SUBSECTION.  10A.  "Public safety employee" means a
 public employee who is employed as one of the following:
    a.  A sheriff's regular deputy.
    b.  A marshal or police officer of a city, township, or
 special=purpose district or authority who is a member of a
 paid police department.
    c.  A member, except a non=peace officer member, of the
 division of state patrol, narcotics enforcement, state fire
  marshal, or criminal investigation, including but not limited
 to a gaming enforcement officer, who has been duly appointed
 by the department of public safety in accordance with section
 80.15.
    d.  A conservation officer or park ranger as authorized by
 section 456A.13.
    e.  A permanent or full=time fire fighter of a city,
 township, or special=purpose district or authority who is a
 member of a paid fire department.
    f.  A peace officer designated by the department of
 transportation under section 321.477 who is subject to
 mandated law enforcement training.
    NEW SUBSECTION.  12.  "Supplemental pay" means a payment
 of moneys or other thing of value that is in addition to
 compensation received pursuant to any other permitted subject
 of negotiation specified in section 20.9 and is related to the
 employment relationship.
    Sec. 2.  Section 20.6, subsection 1, Code 2017, is amended
 to read as follows:
    1.  Interpret, apply, and administer Administer the
 provisions of this chapter.
    Sec. 3.  Section 20.6, Code 2017, is amended by adding the
 following new subsections:
    NEW SUBSECTION.  6.  Appoint a certified shorthand reporter
 to report state employee grievance and discipline resolution
 proceedings pursuant to section 8A.415 and fix a reasonable
 amount of compensation for such service and for any transcript
 requested by the board, which amounts shall be taxed as other
 costs.
    NEW SUBSECTION.  7.  Contract with a vendor as the board
 may deem necessary to conduct elections required by section
 20.15 on behalf of the board. The board shall establish fees
 by rule pursuant to chapter 17A to cover the cost of elections
 required by section 20.15. Such fees shall be paid in advance
 of an election and shall be paid by each employee organization
 listed on the ballot.
    Sec. 4.  Section 20.7, subsection 2, Code 2017, is amended
 to read as follows:
    2.  Hire, evaluate, promote, demote, transfer, assign and
 retain public employees in positions within the public agency.
    Sec. 5.  Section 20.8, Code 2017, is amended by adding the
 following new subsection:
    NEW SUBSECTION.  5.  Exercise any right or seek any remedy
 provided by law, including but not limited to those rights and
 remedies available under sections 70A.28 and 70A.29, chapter
 8A, subchapter IV, and chapters 216 and 400.
    Sec. 6.  Section 20.9, Code 2017, is amended to read as
 follows:
    20.9  Scope of negotiations.
    1.  The For negotiations regarding a bargaining unit with
 at least thirty percent of members who are public safety
 employees, the public employer and the employee organization
 shall meet at reasonable times, including meetings reasonably
 in advance of the public employer's budget=making process,
 to negotiate in good faith with respect to wages, hours,
 vacations, insurance, holidays, leaves of absence, shift
 differentials, overtime compensation, supplemental pay,
 seniority, transfer procedures, job classifications, health
 and safety matters, evaluation procedures, procedures for
 staff reduction, in=service training, grievance procedures
 for resolving any questions arising under the agreement, and
 other matters mutually agreed upon. Negotiations shall also
 include terms authorizing dues checkoff for members of the
 employee organization and grievance procedures for resolving
 any questions arising under the agreement, which shall be
 embodied in a written agreement and signed by the parties.
 If an agreement provides for dues checkoff, a member's dues
 may be checked off only upon the member's written request
 and the member may terminate the dues checkoff at any time
 by giving thirty days' written notice. For negotiations
 regarding a bargaining unit that does not have at least
 thirty percent of members who are public safety employees, the
 public employer and the employee organization shall meet at
 reasonable times, including meetings reasonably in advance
 of the public employer's budget=making process, to negotiate
 in good faith with respect to base wages and other matters
 mutually agreed upon. Such obligation to negotiate in good
 faith does not compel either party to agree to a proposal
 or make a concession.  Mandatory subjects of negotiation
 specified in this subsection shall be interpreted narrowly and
 restrictively.
    2.  Nothing in this section shall diminish the authority
 and power of the department of administrative services, board
 of regents' merit system, Iowa public broadcasting board's
 merit system, or any civil service commission established by
 constitutional provision, statute, charter, or special act to
 recruit employees, prepare, conduct, and grade examinations,
 rate candidates in order of their relative scores for
 certification for appointment or promotion or for other
 matters of classification, reclassification, or appeal rights
 in the classified service of the public employer served.
    3.  All retirement systems, dues checkoffs, and other
 payroll deductions for political action committees or other
 political contributions or political activities shall be
 excluded from the scope of negotiations.  For negotiations
 regarding a bargaining unit that does not have at least thirty
 percent of members who are public safety employees, insurance,
 leaves of absence for political activities, supplemental pay,
 transfer procedures, evaluation procedures, procedures for
 staff reduction, and subcontracting public services shall also
 be excluded from the scope of negotiations.
    4.  The term of a contract entered into pursuant to this
 chapter shall not exceed five years.
    Sec. 7.  Section 20.10, subsection 3, Code 2017, is amended
 by adding the following new paragraph:
    NEW PARAGRAPH.  j.  Negotiate or attempt to negotiate
 directly with a member of the governing board of a public
 employer if the public employer has appointed or authorized
 a bargaining representative for the purpose of bargaining
 with the public employees or their representative, unless the
 member of the governing board is the designated bargaining
 representative of the public employer.
    Sec. 8.  Section 20.12, subsection 5, Code 2017, is amended
 to read as follows:
    5.  If an employee organization or any of its officers
 is held to be in contempt of court for failure to comply
 with an injunction pursuant to this section, or is convicted
 of violating this section, the employee organization shall
 be immediately decertified, shall cease to represent the
 bargaining unit, shall cease to receive any dues by checkoff,
  and may again be certified only after twelve twenty=four
  months have elapsed from the effective date of decertification
 and only after if a new compliance with petition for
 certification pursuant to section 20.14 is filed and a new
 certification election pursuant to section 20.15 is held.
 The penalties provided in this section may be suspended or
 modified by the court, but only upon request of the public
 employer and only if the court determines the suspension or
 modification is in the public interest.
    Sec. 9.  Section 20.15, Code 2017, is amended to read as
 follows:
    20.15  Elections ==== agreements with the state.
    1.   Initial certification elections.
    a.  Upon the filing of a petition for certification of an
 employee organization, the board shall submit a question to
 the public employees at an election in the bargaining unit
 found appropriate by the board. The question on the ballot
 shall permit the public employees to vote for no bargaining
 representation or for any employee organization which has
 petitioned for certification or which has presented proof
 satisfactory to the board of support of ten thirty percent or
 more of the public employees in the appropriate unit.
    2.b.  (1)  If a majority of the votes cast on the
 question is public employees in the bargaining unit vote for
 no bargaining representation, the public employees in the
 bargaining unit found appropriate by the board shall not be
 represented by an employee organization.
    (2)  If a majority of the votes cast on the question is
  public employees in the bargaining unit vote for a listed
 employee organization, then that employee organization shall
 represent the public employees in the bargaining unit found
 appropriate by the board.
    3.  (3)  If none of the choices on the ballot receive the
 vote of a majority of the public employees voting in the
 bargaining unit, the board shall conduct a runoff election
 among the two choices receiving the greatest number of votes
  the public employees in the bargaining unit found appropriate
 by the board shall not be represented by an employee
 organization.
    c.  The board shall not consider a petition for
 certification of an employee organization as the exclusive
 representative of a bargaining unit unless a period of two
 years has elapsed from the date of the last certification
 election in which an employee organization was not certified
 as the exclusive representative of that bargaining unit, of
 the last retention and recertification election in which an
 employee organization was not retained and recertified as
 the exclusive representative of that bargaining unit, or
 of the last decertification election in which an employee
 organization was decertified as the exclusive representative
 of that bargaining unit. The board shall also not consider
 a petition for certification as the exclusive bargaining
 representative of a bargaining unit if the bargaining unit is
 at that time represented by a certified exclusive bargaining
 representative.
    2.  Retention and recertification elections.
    a.  The board shall conduct an election to retain and
 recertify the bargaining representative of a bargaining unit
 prior to the expiration of the bargaining unit's collective
 bargaining agreement. The question on the ballot shall be
 whether the bargaining representative of the public employees
 in the bargaining unit shall be retained and recertified as
 the bargaining representative of the public employees in the
 bargaining unit.  For collective bargaining agreements with a
 June 30 expiration date, the election shall occur between June
 1 and November 1, both dates included, in the year prior to
 that expiration date.  For collective bargaining agreements
 with a different expiration date, the election shall occur
 between three hundred sixty=five and two hundred seventy days
 prior to the expiration date.
    b.  (1)  If a majority of the public employees in
 the bargaining unit vote to retain and recertify the
 representative, the board shall retain and recertify the
 bargaining representative and the bargaining representative
 shall continue to represent the public employees in the
 bargaining unit.
    (2)  If a majority of the public employees in the bargaining
 unit do not vote to retain and recertify the representative,
 the board, after the period for filing written objections
 pursuant to subsection 4 has elapsed, shall immediately
 decertify the representative and the public employees shall
 not be represented by an employee organization except pursuant
 to the filing of a subsequent petition for certification of
 an employee organization as provided in section 20.14 and an
 election conducted pursuant to such petition. Such written
 objections and decertifications shall be subject to applicable
 administrative and judicial review.
    3.  Decertification elections.
    a.  Upon the filing of a petition for decertification of
 an employee organization, the board shall submit a question
 to the public employees at an election in the bargaining
 unit found appropriate by the board. The question on the
 ballot shall be whether the bargaining representative of the
 public employees in the bargaining unit shall be decertified
 as the bargaining representative of public employees in the
 bargaining unit.
    b.  (1)  If a majority of the public employees in
 the bargaining unit vote to decertify the bargaining
 representative, the board, after the period for filing
 written objections pursuant to subsection 4 has elapsed,
 shall immediately decertify the representative and the public
 employees shall not be represented by an employee organization
 except pursuant to the filing of a subsequent petition for
 certification of an employee organization as provided in
 section 20.14 and an election conducted pursuant to such
 petition. Such written objections and decertifications shall
 be subject to applicable administrative and judicial review.
    (2)  If a majority of the public employees in the bargaining
 unit do not vote to decertify the bargaining representative,
 the bargaining representative shall continue to represent the
 public employees in the bargaining unit.
    c.  The board shall not consider a petition for
 decertification of an employee organization unless a
 bargaining unit's collective bargaining agreement exceeds
 two years in length. The board shall not schedule a
 decertification election for a bargaining unit within one
 year of a prior certification, retention and recertification,
 or decertification election involving the bargaining unit.
 Unless otherwise prohibited by this paragraph, the board shall
 schedule a decertification election not less than one hundred
 fifty days before the expiration date of the bargaining unit's
 collective bargaining agreement.
    4.   Invalidation of elections.  Upon written objections
 filed by any party to public employee, public employer, or
 employee organization involved in the election within ten days
 after notice of the results of the election, if the board
 finds that misconduct or other circumstances prevented the
 public employees eligible to vote from freely expressing their
 preferences, the board may invalidate the election and hold a
 second election for the public employees.
    5.   Results certified.  Upon completion of a valid election
 in which the majority choice of the public employees voting
  in the bargaining unit is determined, the board shall certify
 the results of the election and shall give reasonable notice
 of the order to all employee organizations listed on the
 ballot, the public employers, and the public employees in the
 appropriate bargaining unit.
    6.   State agreements.a.  A petition for certification as
 exclusive bargaining representative of a bargaining unit shall
 not be considered by the board for a period of one year from
 the date of the noncertification of an employee organization
 as the exclusive bargaining representative of that bargaining
 unit following a certification election. A petition for
 certification as the exclusive bargaining representative of a
 bargaining unit shall also not be considered by the board if
 the bargaining unit is at that time represented by a certified
 exclusive bargaining representative.
    b.  A petition for the decertification of the exclusive
 bargaining representative of a bargaining unit shall not be
 considered by the board for a period of one year from the date
 of its certification, or within one year of its continued
 certification following a decertification election, or during
 the duration of a collective bargaining agreement which, for
 purposes of this section, shall be deemed not to exceed two
 years. However, if a petition for decertification is filed
 during the duration of a collective bargaining agreement, the
 board shall award an election under this section not more than
 one hundred eighty days and not less than one hundred fifty
 days prior to the expiration of the collective bargaining
 agreement. If an employee organization is decertified, the
 board may receive petitions under section 20.14, provided that
 no such petition and no election conducted pursuant to such
 petition within one year from decertification shall include as
 a party the decertified employee organization.
    c.  A collective bargaining agreement with the state, its
 boards, commissions, departments, and agencies shall be for
 two years. and the The provisions of a collective bargaining
 agreement or arbitrator's award affecting state employees
 shall not provide for renegotiations which would require the
 refinancing of salary and fringe benefits subjects within the
 scope of negotiations under section 20.9 for the second year
 of the term of the agreement, except as provided in section
 20.17, subsection 6, and the. The effective date of any such
 agreement shall be July 1 of odd=numbered years, provided
 that if an exclusive bargaining representative is certified
 on a date which will prevent the negotiation of a collective
 bargaining agreement prior to July 1 of odd=numbered years for
 a period of two years, the certified collective bargaining
 representative may negotiate a one=year contract with the
 public employer which shall be effective from July 1 of the
 even=numbered year to July 1 of the succeeding odd=numbered
 year when new contracts agreements shall become effective.
    Sec. 10.  Section 20.17, subsection 8, Code 2017, is amended
 to read as follows:
    8.  a.  The salaries of all public employees of the state
 under a merit system and all other fringe benefits which are
 granted to all subjects within the scope of negotiations
 pursuant to the provisions of section 20.9 regarding public
 employees of the state shall be negotiated with the governor
 or the governor's designee on a statewide basis, except those
 benefits which are not subject to subjects excluded from the
 scope of negotiations pursuant to the provisions of section
 20.9, subsection 3.
    b.  For the negotiation of such a proposed, statewide
 collective bargaining agreement to become effective in the
 year following an election described in section 39.9, a
 ratification election referred to in section 20.17, subsection
 4, shall not be held, and the parties shall not request
 arbitration as provided in section 20.22, subsection 1, until
 at least two weeks after the date of the beginning of the
 term of office of the governor in that year as prescribed
 in the Constitution of the State of Iowa. On or after the
 beginning of the term of office of the governor in that year
 as prescribed in the Constitution of the State of Iowa, the
 governor shall have the authority to reject such a proposed
 statewide collective bargaining agreement. If the governor
 does so, the parties shall commence collective bargaining in
 accordance with section 20.17.  Such negotiation shall be
 complete not later than March 15 of that year, unless the
 parties mutually agree to a different deadline.  The board
 shall adopt rules pursuant to chapter 17A  providing for
 alternative deadlines for the completion of the procedures
 provided in sections 20.17, 20.19, 20.20, and 20.22 for
 negotiation of such statewide collective bargaining agreements
 in such years, which deadlines may be waived by mutual
 agreement of the parties.
    Sec. 11.  Section 20.17, subsection 9, Code 2017, is amended
 by striking the subsection.
    Sec. 12.  Section 20.22, subsections 2, 3, 7, 8, and 9, Code
 2017, are amended to read as follows:
    2.  Each party shall serve its final offer on each of
 the impasse items upon the other party within four days of
 the board's receipt of the request for arbitration, or by a
 deadline otherwise agreed upon by the parties. The parties
 may continue to negotiate all offers until an agreement
 is reached or an award is rendered by the arbitrator. The
 full costs of arbitration under this section shall be shared
 equally by the parties to the dispute.
    3.  The submission of the impasse items to the arbitrator
 shall be limited to those items upon which the parties have
 not reached agreement. With respect to each such item, the
 arbitrator's award shall be restricted to the final offers on
 each impasse item submitted by the parties to the arbitrator,
 except as provided in subsection 9, paragraph "b".
    7.  The For an arbitration involving a bargaining unit that
 has at least thirty percent of members who are public safety
 employees, the arbitrator shall consider and specifically
 address in the arbitrator's determination, in addition to any
 other relevant factors, the following factors:
    a.  Past collective bargaining contracts between the parties
 including the bargaining that led up to such contracts.
    b.  Comparison of wages, hours and conditions of employment
 of the involved public employees with those of other public
 employees doing comparable work, giving consideration to
 factors peculiar to the area and the classifications involved.
    c.  The interests and welfare of the public, the ability of
 the public employer to finance economic adjustments and the
 effect of such adjustments on the normal standard of services.
    d.  The power of the public employer to levy taxes and
 appropriate funds for the conduct of its operations.
    8.  a.  The arbitrator may administer oaths, examine
 witnesses and documents, take testimony and receive evidence,
 and issue subpoenas to compel the attendance of witnesses and
 the production of records. The arbitrator may petition the
 district court at the seat of government or of the county
 in which the hearing is held to enforce the order of the
 arbitrator compelling the attendance of witnesses and the
 production of records.
    b.  Except as required for purposes of the consideration
 of the factors specified in subsection 7, paragraphs "a"
  through "c", and subsection 7A, paragraph "a", subparagraphs
 (1) through (3), the parties shall not introduce, and
 the arbitrator shall not accept or consider, any direct
 or indirect evidence regarding any subject excluded from
 negotiations pursuant to section 20.9.
    9.  a.  The arbitrator shall select within fifteen
 days after the hearing the most reasonable offer, in the
 arbitrator's judgment, of the final offers on each impasse
 item submitted by the parties.
    b.  (1)  However, for an arbitration involving a bargaining
 unit that does not have at least thirty percent of members who
 are public safety employees, with respect to any increase in
 base wages, the arbitrator's award shall not exceed the lesser
 of the following percentages in any one=year period in the
 duration of the bargaining agreement:
    (a)  Three percent.
    (b)  A percentage equal to the increase in the consumer
 price index for all urban consumers for the midwest region,
 if any, as determined by the United States department of
 labor, bureau of labor statistics, or a successor index.  Such
 percentage shall be the change in the consumer price index
 for the twelve=month period beginning eighteen months prior
 to the month in which the impasse item regarding base wages
 was submitted to the arbitrator and ending six months prior to
 the month in which the impasse item regarding base wages was
 submitted to the arbitrator.
    (2)  To assist the parties in the preparation of their final
 offers on an impasse item regarding base wages, the board
 shall provide information to the parties regarding the change
 in the consumer price index for all urban consumers for the
 midwest region for any twelve=month period. The department of
 workforce development shall assist the board in preparing such
 information upon request.
    Sec. 13.  Section 20.22, Code 2017, is amended by adding the
 following new subsection:
    NEW SUBSECTION.  7A.  For an arbitration involving a
 bargaining unit that does not have at least thirty percent of
 members who are public safety employees, the following shall
 apply:
    a.  The arbitrator shall consider and specifically address
 in the arbitrator's determination, in addition to any other
 relevant factors, the following factors:
    (1)  Comparison of base wages, hours, and conditions
 of employment of the involved public employees with those
 of other public employees doing comparable work, giving
 consideration to factors peculiar to the area and the
 classifications involved. To the extent adequate, applicable
 data is available, the arbitrator shall also compare base
 wages, hours, and conditions of employment of the involved
 public employees with those of private sector employees doing
 comparable work, giving consideration to factors peculiar to
 the area and the classifications involved.
    (2)  The interests and welfare of the public.
    (3)  The financial ability of the employer to meet the cost
 of an offer in light of the current economic conditions of the
 public employer. The arbitrator shall give substantial weight
 to evidence that the public employer's authority to utilize
 funds is restricted to special purposes or circumstances
 by state or federal law, rules, regulations, or grant
 requirements.
    b.  The arbitrator shall not consider the following factors:
    (1)  Past collective bargaining agreements between the
 parties or bargaining that led to such agreements.
    (2)  The public employer's ability to fund an award through
 the increase or imposition of new taxes, fees, or charges, or
 to develop other sources of revenues.
    Sec. 14.  Section 20.26, unnumbered paragraph 4, Code 2017,
 is amended to read as follows:
    Nothing in this section shall be construed to prohibit
 voluntary contributions by individuals to political parties
 or candidates, provided that such contributions are not made
 through payroll deductions.
    Sec. 15.  Section 20.29, Code 2017, is amended to read as
 follows:
    20.29  Filing agreement == public access == internet site.
    1.  Collective bargaining agreements shall be in writing
 and shall be signed by the parties.
    2.  A copy of a collective bargaining agreement entered
 into between a public employer and  a certified employee
 organization and made final under this chapter shall be filed
 with the board by the public employer within ten days of the
 date on which the agreement is entered into.
    3.  Copies of collective bargaining agreements entered
 into between the state and the state employees' bargaining
 representatives and made final under this chapter shall be
 filed with the secretary of state and be made available to the
 public at cost.
    4.  The board shall maintain an internet site that allows
 searchable access to a database of collective bargaining
 agreements and other collective bargaining information.
    Sec. 16.  Section 20.30, Code 2017, is amended by striking
 the section and inserting in lieu thereof the following:
    20.30  Supervisory member == no reduction before retirement.
    A supervisory member of any department or agency employed
 by the state of Iowa shall not be granted a voluntary
 reduction to a nonsupervisory rank or grade during the
 thirty=six months preceding retirement of the member. A
 member of any department or agency employed by the state
 of Iowa who retires in less than thirty=six months after
 voluntarily requesting and receiving a reduction in rank or
 grade from a supervisory to a nonsupervisory position shall
 be ineligible for a benefit to which the member is entitled as
 a nonsupervisory member but is not entitled as a supervisory
 member.
    Sec. 17.  Section 20.31, subsection 2, unnumbered paragraph
 1, Code 2017, is amended to read as follows:
    A mediator shall not be required to testify in any judicial,
 administrative, arbitration, or grievance proceeding regarding
 any matters occurring in the course of a mediation, including
 any verbal or written communication or behavior, other than
 facts relating exclusively to the timing or scheduling of
 mediation. A mediator shall not be required to produce or
 disclose any documents, including notes, memoranda, or other
 work product, relating to mediation, other than documents
 relating exclusively to the timing or scheduling of mediation.
 This subsection shall not apply in any of the following
 circumstances:
    Sec. 18.  NEW SECTION.  20.32  Transit employees ====
 applicability.
    All provisions of this chapter applicable to employees
 described in section 20.3, subsection 10A, shall be applicable
 on the same terms and to the same degree to any transit
 employee if it is determined by the director of the department
 of transportation, upon written confirmation from the United
 States department of labor, that a public employer would
 lose federal funding under 49 U.S.C. {5333(b) if the transit
 employee is not covered under certain collective bargaining
 rights.
    Sec. 19.  Section 22.7, subsection 69, Code 2017, is amended
 to read as follows:
    69.  The evidence of public employee support for
 the certification, retention and recertification, or
 decertification of an employee organization as defined in
 section 20.3 that is submitted to the public employment
 relations board as provided in sections section 20.14 and or
  20.15.
    Sec. 20.  Section 22.7, Code 2017, is amended by adding the
 following new subsection:
    NEW SUBSECTION.  70.  Information indicating whether a
 public employee voted in a certification, retention and
 recertification, or decertification election held pursuant to
 section 20.15 or how the employee voted on any question on a
 ballot in such an election.
    Sec. 21.  Section 70A.17A, subsection 3, Code 2017, is
 amended by striking the subsection.
    Sec. 22.  Section 70A.19, Code 2017, is amended by striking
 the section and inserting in lieu thereof the following:
    70A.19  Payroll deduction for employee organization dues
 prohibited.
    The state, a state agency, a regents institution, a board
 of directors of a school district, a community college, or
 an area education agency, a county board of supervisors, a
 governing body of a city, or any other public employer as
 defined in section 20.3 shall not authorize or administer a
 deduction from the salaries or wages of its employees for
 membership dues to an employee organization as defined in
 section 20.3.
    Sec. 23.  Section 412.2, subsection 1, Code 2017, is amended
 to read as follows:
    1.  From the proceeds of the assessments on the wages
 and salaries of employees, of any such waterworks system,
 or other municipally owned and operated public utility,
 eligible to receive the benefits thereof. Notwithstanding any
 provisions of section 20.9 to the contrary, a council, board
 of waterworks, or other board or commission which establishes
 a pension and annuity retirement system pursuant to this
 chapter, shall negotiate in good faith with a certified
 employee organization as defined in section 20.3, which is
 the collective bargaining representative of the employees,
 with respect to the amount or rate of the assessment on the
 wages and salaries of employees and the method or methods for
 payment of the assessment by the employees.
    Sec. 24.  Section 602.1401, subsection 3, paragraph b, Code
 2017, is amended to read as follows:
    b.  For purposes of chapter 20, the certified
 representative, which on July 1, 1983, represents employees
 who become judicial branch employees as a result of 1983 Iowa
 Acts, ch. 186, shall remain the certified representative when
 the employees become judicial branch employees and thereafter,
 unless the public employee organization is not retained
 and recertified or is decertified in an election held under
 section 20.15 or amended or absorbed into another certified
 organization pursuant to chapter 20. Collective bargaining
 negotiations shall be conducted on a statewide basis and the
 certified employee organizations which engage in bargaining
 shall negotiate on a statewide basis, although bargaining
 units shall be organized by judicial district. The public
 employment relations board shall adopt rules pursuant to
 chapter 17A to implement this subsection.
    Sec. 25.  TRANSITION PROCEDURES ==== EMERGENCY RULES.
    1.  As of the effective date of this division of this Act,
 parties, mediators, and arbitrators engaging in any collective
 bargaining procedures provided for in chapter 20, Code 2017,
 who have not, before the effective date of this division
 of this Act, completed such procedures, shall immediately
 terminate any such procedures in process.  A collective
 bargaining agreement negotiated pursuant to such procedures in
 process shall not become effective. Parties, mediators, and
 arbitrators shall not engage in further collective bargaining
 procedures except as provided in this section. Such parties,
 on or after the effective date of this division of this Act,
 may commence collective bargaining in accordance with section
 20.17, as amended in this division of this Act. If such
 parties include a state public employer and a state employee
 organization, negotiation of a proposed collective bargaining
 agreement to become effective during the remainder of calendar
 year 2017 shall be complete not later than March 15, 2017,
 unless the parties mutually agree to a different deadline.
 If such parties include public employees represented by a
 certified employee organization who are employed by a public
 employer which is a school district, area education agency,
 or community college, negotiation of a proposed collective
 bargaining agreement to become effective during the remainder
 of calendar year 2017 shall be complete not later than June
 30, 2017, unless the parties mutually agree to a different
 deadline.
    2.  The public employment relations board shall adopt
 emergency rules under section 17A.4, subsection 3, and
 section 17A.5, subsection 2, paragraph "b", to provide for
 procedures as deemed necessary to implement the provisions
 of this section and the rules shall be effective immediately
 upon filing unless a later date is specified in the rules.
 Such rules shall include but are not limited to alternative
 deadlines for completion of the procedures provided in
 sections 20.17 and 20.22, as amended by this division of this
 Act, and sections 20.19 and 20.20, which deadlines may be
 waived by mutual agreement of the parties.
    Sec. 26.  EFFECTIVE UPON ENACTMENT.  This division of this
 Act, being deemed of immediate importance, takes effect upon
 enactment.
    Sec. 27.  APPLICABILITY.
    1.  With the exception of the section of this division of
 this Act amending section 20.6, subsection 1, this division of
 this Act does not apply to collective bargaining agreements
 which have been ratified in a ratification election referred
 to in section 20.17, subsection 4, for which an arbitrator
 has made a final determination as described in section 20.22,
 subsection 11, or which have become effective, where such
 events occurred before the effective date of this division of
 this Act. This division of this Act applies to all collective
 bargaining procedures provided for in chapter 20 occurring
 on and after the effective date of this division of this Act
 and collective bargaining agreements for which a ratification
 election referred to in section 20.17, subsection 4, is
 held, for which an arbitrator makes a final determination as
 described in section 20.22, subsection 11, or which, unless
 otherwise provided in this section, become effective on or
 after the effective date of this division of this Act.
    2.  The provision of this division of this Act amending
 section 70A.19 does not apply to dues deductions required by
 collective bargaining agreements which have been ratified in a
 ratification election referred to in section 20.17, subsection
 4, for which an arbitrator has made a final determination
 as described in section 20.22, subsection 11, or which have
 become effective, where such events occurred before the
 effective date of this division of this Act.
    3.  Section 20.15, subsection 2, as enacted by this
 division of this Act, does not apply to collective bargaining
 agreements with expiration dates occurring before April 1,
 2018.
                           DIVISION II
                   EDUCATOR EMPLOYMENT MATTERS
    Sec. 28.  Section 279.13, subsections 2 and 5, Code 2017,
 are amended to read as follows:
    2.  The contract shall remain in force and effect for the
 period stated in the contract and shall be automatically
 continued for equivalent periods except as modified or
 terminated by mutual agreement of the board of directors and
 the teacher or as modified or terminated in accordance with
 the provisions specified in this chapter. A contract shall
 not be offered by the employing board to a teacher under its
 jurisdiction prior to March 15 of any year. A teacher who has
 not accepted a contract for the ensuing school year tendered
 by the employing board may resign effective at the end of the
 current school year by filing a written resignation with the
 secretary of the board. The resignation must be filed not
 later than the last day of the current school year or the date
 specified by the employing board for return of the contract,
 whichever date occurs first. However, a teacher shall not be
 required to return a contract to the board or to resign less
 than twenty=one days after the contract has been offered.
    5.  Notwithstanding the other provisions of this section,
 a temporary contract may be issued to a teacher for a period
 of up to six months.  Notwithstanding the other provisions
 of this section, a temporary contract may also be issued to
 a teacher to fill a vacancy created by a leave of absence
 in accordance with the provisions of section 29A.28, which
 contract shall automatically terminate upon return from
 military leave of the former incumbent of the teaching
 position and which contract. Temporary contracts shall not be
 subject to the provisions of sections 279.15 through 279.19,
 or section 279.27. A separate extracurricular contract issued
 pursuant to section 279.19A to a person issued a temporary
 contract under this section shall automatically terminate with
 the termination of the temporary contract as required under
 section 279.19A, subsection 8.
    Sec. 29.  Section 279.13, subsection 4, unnumbered
 paragraph 1, Code 2017, is amended to read as follows:
    For purposes of this section, sections 279.14, 279.15
 through 279.17, 279.16, 279.19, and 279.27, unless the
 context otherwise requires, "teacher" includes the following
 individuals employed by a community college:
    Sec. 30.  Section 279.14, Code 2017, is amended to read as
 follows:
    279.14  Evaluation criteria and procedures.
    1.  The board shall establish evaluation criteria and shall
 implement evaluation procedures. If an exclusive bargaining
 representative has been certified, the board shall negotiate
 in good faith with respect to evaluation procedures pursuant
 to chapter 20.
    2.  The determination of standards of performance expected
 of school district personnel shall be reserved as an exclusive
 management right of the school board and shall not be subject
 to mandatory negotiations under chapter 20. Notwithstanding
 chapter 20, objections Objections to the procedures, use, or
 content of an evaluation in a teacher termination proceeding
 brought before the school board in a hearing held in
 accordance with section 279.16 or 279.27 shall not be subject
 to the any grievance procedures negotiated in accordance
 with chapter 20. A school district shall not be obligated to
 process any evaluation grievance after service of a notice
 and recommendation to terminate an individual's continuing
 teaching contract in accordance with this chapter.
    Sec. 31.  Section 279.15, subsection 2, paragraph c, Code
 2017, is amended to read as follows:
    c.  Within five days of the receipt of the written notice
 that the superintendent is recommending termination of the
 contract, the teacher may request, in writing to the secretary
 of the board, a private hearing with the board. The private
 hearing shall not be subject to chapter 21 and shall be held
 no sooner than ten twenty days and no later than twenty forty
  days following the receipt of the request unless the parties
 otherwise agree. The secretary of the board shall notify
 the teacher in writing of the date, time, and location of
 the private hearing, and at least five ten days before the
 hearing shall also furnish to the teacher any documentation
 which may be presented to the board at the private hearing and
 a list of persons who may address the board in support of the
 superintendent's recommendation at the private hearing. At
 least three seven days before the hearing, the teacher shall
 provide any documentation the teacher expects to present at
 the private hearing, along with the names of any persons who
 may address the board on behalf of the teacher. This exchange
 of information shall be at the time specified unless otherwise
 agreed.
    Sec. 32.  Section 279.16, subsections 1, 2, 6, 7, 8, 9, and
 10, Code 2017, are amended to read as follows:
    1.  The participants at the private hearing shall be
 at least a majority of the members of the board, and their
 legal representatives, if any, the and the witnesses for the
 parties. The superintendent, the superintendent's designated
 representatives, if any, the teacher's immediate supervisor,
 the teacher, and the teacher's representatives, if any, and
 the witnesses for the parties may participate in the hearing
 as well. The evidence at the private hearing shall be
 limited to the specific reasons stated in the superintendent's
 notice of recommendation of termination. No A participant
 in the hearing shall not be liable for any damages to any
 person if any statement at the hearing is determined to be
 erroneous as long as the statement was made in good faith.
 The superintendent shall present evidence and argument
 on all issues involved and the teacher may cross=examine,
 respond, and present evidence and argument in the teacher's
 behalf relevant to all issues involved. Evidence may be by
 stipulation of the parties and informal settlement may be
 made by stipulation, consent, or default or by any other
 method agreed upon by the parties in writing. The board shall
 employ a certified shorthand reporter to keep a record of the
 private hearing. The proceedings or any part thereof shall be
 transcribed at the request of either party with the expense of
 transcription charged to the requesting party.
    2.  The presiding officer of the board may administer oaths
 in the same manner and with like effect and under the same
 penalties as in the case of magistrates exercising criminal
 or civil jurisdiction. The board shall cause subpoenas to be
 issued for such witnesses and the production of such books
 and papers as either the board or the teacher may designate.
 The subpoenas shall be signed by the presiding officer of the
 board.
    6.  If the teacher fails to timely request a private hearing
 or does not appear at the private hearing, the board may
 proceed and make a determination upon the superintendent's
 recommendation. If the teacher fails to timely file a request
 for a private hearing, the determination shall be not later
 than May 31. If the teacher fails to appear at the private
 hearing, the determination shall be not later than five days
 after the scheduled date for the private hearing. The board
 shall convene in open session and by roll call vote determine
 the termination or continuance of the teacher's contract
 and, if the board votes to continue the teacher's contract,
 whether to suspend the teacher with or without pay for a
 period specified by the board or issue the teacher a one=year,
 nonrenewable contract.
    7.  Within five days after the private hearing, the board
 shall, in executive session, meet to make a final decision
 upon the recommendation and the evidence as herein provided.
 The board shall also consider any written brief and arguments
 submitted by the superintendent and the teacher.
    8.  a.  The record for a private hearing shall include:
    a.  (1)  All pleadings, motions, and intermediate rulings.
    b.  (2)  All evidence received or considered and all other
 submissions.
    c.  (3)  A statement of all matters officially noticed.
    d.  (4)  All questions and offers of proof, objections, and
 rulings thereon.
    e.  (5)  All findings and exceptions.
    f.  (6)  Any decision, opinion, or conclusion by the board.
    g.  Findings of fact
    b.  The decision of the board shall be based solely on the
 evidence in the record and on matters officially noticed in
 the record.
    9.  The decision of the board shall be in writing and shall
 include findings of fact and conclusions of law, separately
 stated. Findings of fact, if set forth in statutory language,
 shall be accompanied by a concise and explicit statement
 of the underlying facts and supporting the findings. Each
 conclusion of law shall be supported by cited authority or by
 reasoned opinion.
    10.  When the board has reached a decision, opinion, or
 conclusion, it shall convene in open meeting and by roll
 call vote determine the continuance or discontinuance of the
 teacher's contract and, if the board votes to continue the
 teacher's contract, whether to suspend the teacher with or
 without pay for a period specified by the board or issue the
 teacher a one=year, nonrenewable contract. The record of the
 private conference hearing and findings of fact and exceptions
  written decision of the board shall be exempt from the
 provisions of chapter 22. The secretary of the board shall
 immediately mail notice of the board's action to the teacher.
    Sec. 33.  Section 279.16, subsections 3 and 5, Code 2017,
 are amended by striking the subsections.
    Sec. 34.  Section 279.18, Code 2017, is amended to read as
 follows:
    279.18  Appeal by either party teacher to court.
    1.  If either party a teacher rejects the adjudicator's
  board's decision, the rejecting party teacher shall, within
 thirty days of the initial filing of such decision, appeal to
 the district court of the county in which the administrative
 office of the school district is located. The notice of
 appeal shall be immediately mailed by certified mail to the
 other party board. The adjudicator secretary of the board
  shall transmit to the reviewing court the original or a
 certified copy of the entire record which may be the subject
 of the petition. By stipulation of all parties to the review
 proceedings, the record of such a case may be shortened. A
 party unreasonably refusing to stipulate to limit the record
 may be taxed by the court for the additional cost. The court
 may require or permit subsequent corrections or additions to
 the shortened record.
    2.  In proceedings for judicial review of the adjudicator's
  board's decision, the court shall not hear any further
 evidence but shall hear the case upon the certified record.
 In such judicial review, especially when considering the
 credibility of witnesses, the court shall give weight to
 the fact findings decision of the board;, but shall not be
 bound by them it. The court may affirm the adjudicator's
  board's decision or remand to the adjudicator or the board
 for further proceedings upon conditions determined by the
 court. The court shall reverse, modify, or grant any other
 appropriate equitable or legal relief from the board decision,
  or the adjudicator's decision equitable or legal and including
 declaratory relief, if substantial rights of the petitioner
 have been prejudiced because the action is any of the
 following:
    a.  In violation of constitutional or statutory provisions;
 or.
    b.  In excess of the statutory authority of the board or the
 adjudicator; or.
    c.  In violation of a board rule or policy or contract; or.
    d.  Made upon unlawful procedure; or.
    e.  Affected by other error of law; or.
    f.  Unsupported by a preponderance of the competent evidence
 in the record made before the board and the adjudicator when
 that record is viewed as a whole; or.
    g.  Unreasonable, arbitrary, or capricious or characterized
 by an abuse of discretion or a clearly unwarranted exercise of
 discretion.
    3.  An aggrieved or adversely affected party to the judicial
 review proceeding may obtain a review of any final judgment of
 the district court by appeal to the supreme court. The appeal
 shall be taken as in other civil cases, although the appeal
 may be taken regardless of the amount involved.
    4.  For purposes of this section, unless the context
 otherwise requires, "rejecting party" "teacher" shall include,
 but not be limited to, an instructor employed by a community
 college.
    Sec. 35.  Section 279.19, Code 2017, is amended to read as
 follows:
    279.19  Probationary period.
    1.  The first three consecutive years of employment of
 a teacher in the same school district are a probationary
 period. However, if the teacher has successfully completed a
 probationary period of employment for another school district
 located in Iowa, the probationary period in the current
 district of employment shall not exceed one year two years.
 A board of directors may waive the probationary period for
 any teacher who previously has served a probationary period
 in another school district and the board may extend the
 probationary period for an additional year with the consent
 of the teacher.
    2.  In the case of the termination of a probationary
 teacher's contract, the contract may be terminated by the
 board of directors effective at the end of a school year
 without cause.  The superintendent or the superintendent's
 designee shall notify the teacher not later than April 30 that
 the board has voted to terminate the contract effective at
 the end of the school year. The notice shall be in writing
 by letter, personally delivered, or mailed by certified
 mail. The notification shall be complete when received by
 the teacher.  Within ten days after receiving the notice,
 the teacher may request a private conference with the school
 board to discuss the reasons for termination.  The provisions
 of sections 279.15 and 279.16 shall not apply to such a
 termination. However, if the probationary teacher is a
 beginning teacher who fails to demonstrate competence in the
 Iowa teaching standards in accordance with chapter 284, the
 provisions of sections 279.17 and 279.18 shall also apply.
    3.  The board's decision shall be final and binding unless
 the termination was based upon an alleged violation of a
 constitutionally guaranteed right of the teacher or an alleged
 violation of public employee rights of the teacher under
 section 20.10.
    Notwithstanding any provision to the contrary, the
 grievance procedures of section 20.18 relating to job
 performance or job retention shall not apply to a teacher
 during the first two years of the teacher's probationary
 period. However, this paragraph shall not apply to a teacher
 who has successfully completed a probationary period in a
 school district in Iowa.
    Sec. 36.  Section 279.19A, subsections 1, 2, 7, and 8, Code
 2017, are amended to read as follows:
    1.  School districts employing individuals to coach
 interscholastic athletic sports shall issue a separate
 extracurricular contract for each of these sports. An
 extracurricular contract offered under this section shall be
 separate from the contract issued under section 279.13. Wages
 for employees who coach these sports shall be paid pursuant
 to established or negotiated supplemental pay schedules.
  An extracurricular contract shall be in writing, and shall
 state the number of contract days for that sport, the annual
 compensation to be paid, and any other matters as may be
 mutually agreed upon. The contract shall be for a single
 school year.
    2.  a.  An extracurricular contract shall be continued
 automatically in force and effect for equivalent periods,
 except as modified or terminated by mutual agreement of
 the board of directors and the employee, or terminated in
 accordance with this section. An extracurricular contract
 shall initially be offered by the employing board to an
 individual on the same date that contracts are offered to
 teachers under section 279.13. An extracurricular contract
 may be terminated at the end of a school year pursuant to
 sections 279.15 through 279.19. If the school district offers
 an extracurricular contract for a sport for the subsequent
 school year to an employee who is currently performing
 under an extracurricular contract for that sport, and the
 employee does not wish to accept the extracurricular contract
 for the subsequent year, the employee may resign from the
 extracurricular contract within twenty=one days after it has
 been received.
    b.  Section 279.13, subsection 3, applies to this section.
  If the provisions of an extracurricular contract executed
 under this section conflict with a collective bargaining
 agreement negotiated under chapter 20 and effective when
 the extracurricular contract is executed or renewed, the
 provisions of the collective bargaining agreement shall
 prevail.
    7.  An extracurricular contract may be terminated prior to
 the expiration of that contract pursuant to section 279.27
  for any lawful reason following an informal, private hearing
 before the board of directors.  The decision of the board to
 terminate an extracurricular contract shall be final.
    8.  a.  A termination proceeding of regarding an
 extracurricular contract either by the board pursuant to
 subsection 2 or pursuant to section 279.27 does shall not
 affect a contract issued pursuant to section 279.13.
    b.  A termination of a contract entered into pursuant to
 section 279.13, or a resignation from that contract by the
 teacher, constitutes an automatic termination or resignation
 of the extracurricular contract in effect between the same
 teacher and the employing school board.
    Sec. 37.  Section 279.23, subsection 1, paragraph c, Code
 2017, is amended to read as follows:
    c.  The rate of compensation per week of five consecutive
 days or month of four consecutive weeks.
    Sec. 38.  Section 279.23, subsection 5, Code 2017, is
 amended to read as follows:
    5.  Notwithstanding the other provisions of this section,
 a temporary contract may be issued to an administrator for
 up to nine months. Notwithstanding the other provisions of
 this section, a temporary contract may also be issued to an
 administrator to fill a vacancy created by a leave of absence
 in accordance with the provisions of section 29A.28, which
 contract shall automatically terminate upon return from
 military leave of the former incumbent of the administrator
 position and which contract. Temporary contracts shall not be
 subject to the provisions of sections 279.24 and 279.25.
    Sec. 39.  Section 279.24, subsections 2 and 4, Code 2017,
 are amended to read as follows:
    2.  If the board of directors is considering termination
 of an administrator's contract, prior to any formal action,
 the board may arrange to meet in closed session, in accordance
 with the provisions of section 21.5, with the administrator
 and the administrator's representative. The board shall
 review the administrator's evaluation, review the reasons
 for nonrenewal, and give the administrator an opportunity
 to respond. If, following the closed session, the board
 of directors and the administrator are unable to mutually
 agree to a modification or termination of the administrator's
 contract, or the board of directors and the administrator are
 unable to mutually agree to enter into may issue a one=year
 nonrenewable contract, to the administrator. If the board of
 directors decides to terminate the administrator's contract,
 the board shall follow the procedures in this section.
    4.  Administrators employed in a school district for
 less than two three consecutive years are probationary
 administrators. However, a school board may waive the
 probationary period for any administrator who has previously
 served a probationary period in another school district
 and the school board may extend the probationary period for
 an additional year with the consent of the administrator.
 If a school board determines that it should terminate a
 probationary administrator's contract, the school board
 shall notify the administrator not later than May 15 that the
 contract will not be renewed beyond the current year. The
 notice shall be in writing by letter, personally delivered, or
 mailed by certified mail. The notification shall be complete
 when received by the administrator. Within ten days after
 receiving the notice, the administrator may request a private
 conference with the school board to discuss the reasons for
 termination. The school board's decision to terminate a
 probationary administrator's contract shall be final unless
 the termination was based upon an alleged violation of a
 constitutionally guaranteed right of the administrator.
    Sec. 40.  Section 279.24, subsection 5, paragraphs c, d, e,
 f, g, and h, Code 2017, are amended to read as follows:
    c.  Within five days after receipt of the written notice
 that the school board has voted to consider termination of
 the contract, the administrator may request a private hearing
  in writing to the secretary of the school board that. The
 board shall then forward the notification be forwarded to
 the board of educational examiners along with a request that
 the board of educational examiners submit a list of five
 qualified administrative law judges to the parties. Within
 three days from receipt of the list the parties shall select
 an administrative law judge by alternately removing a name
 from the list until only one name remains. The person whose
 name remains shall be the administrative law judge. The
 parties shall determine by lot which party shall remove the
 first name from the list. The private hearing shall be held
 no sooner than ten twenty days and not later than thirty forty
  days following the administrator's request unless the parties
 otherwise agree. If the administrator does not request a
 private hearing, the school board, not later than May 31, may
 determine the continuance or discontinuance of the contract
 and, if the board determines to continue the administrator's
 contract, whether to suspend the administrator with or without
 pay for a period specified by the board. School board action
 shall be by majority roll call vote entered on the minutes
 of the meeting. Notice of school board action shall be
 personally delivered or mailed to the administrator.
    d.  The administrative law judge selected shall notify
 the secretary of the school board and the administrator in
 writing concerning the date, time, and location of the private
  hearing. The school board may be represented by a legal
 representative, if any, and the administrator shall appear and
 may be represented by counsel or by representative, if any.
 Any witnesses for the parties at the private hearing shall be
 sequestered. A transcript or recording shall be made of the
 proceedings at the private hearing. A school board member or
 administrator is not liable for any damage to an administrator
 or school board member if a statement made at the private
  hearing is determined to be erroneous as long as the statement
 was made in good faith.
    e.  The administrative law judge shall, within ten days
 following the date of the private hearing, make a proposed
 decision as to whether or not the administrator should be
 dismissed, and shall give a copy of the proposed decision
 to the administrator and the school board. Findings of
 fact shall be prepared by the administrative law judge. The
 proposed decision of the administrative law judge shall become
 the final decision of the school board unless within ten
  thirty days after the filing of the decision the administrator
 files a written notice of appeal with the school board, or
 the school board on its own motion determines to review the
 decision.
    f.  If the administrator appeals to the school board, or
 if the school board determines on its own motion to review
 the proposed decision of the administrative law judge, a
 private hearing shall be held before the school board within
 five ten days after the petition for review, or motion for
 review, has been made or at such other time as the parties
 agree. The private hearing is not subject to chapter 21.
 The school board may hear the case de novo upon the record
 as submitted before the administrative law judge. In cases
 where there is an appeal from a proposed decision or where
 a proposed decision is reviewed on motion of the school
 board, an opportunity shall be afforded to each party to file
 exceptions, present briefs, and present oral arguments to
 the school board which is to render the final decision. The
 secretary of the school board shall give the administrator
 written notice of the time, place, and date of the private
  hearing. The school board shall meet within five days after
 the private hearing to determine the question of continuance
 or discontinuance of the contract and, if the board determines
 to continue the administrator's contract, whether to
 suspend the administrator with or without pay for a period
 specified by the board or issue the administrator a one=year,
 nonrenewable contract. The school board shall make findings
 of fact which shall be based solely on the evidence in the
 record and on matters officially noticed in the record.
    g.  The decision of the school board shall be in writing
 and shall include findings of fact and conclusions of
 law, separately stated. Findings of fact, if set forth in
 statutory language, shall be accompanied by a concise and
 explicit statement of the underlying facts supporting the
 findings. Each conclusion of law shall be supported by cited
 authority or by reasoned opinion.
    h.  When the school board has reached a decision, opinion,
 or conclusion, it shall convene in open meeting and by roll
 call vote determine the continuance or discontinuance of
 the administrator's contract and, if the board votes to
 continue the administrator's contract, whether to suspend the
 administrator with or without pay for a period specified by
 the board or issue the administrator a one=year, nonrenewable
 contract. The record of the private conference hearing
  and findings of fact and exceptions written decision of the
 board shall be exempt from the provisions of chapter 22. The
 secretary of the school board shall immediately personally
 deliver or mail notice of the school board's action to the
 administrator.
    Sec. 41.  Section 279.27, Code 2017, is amended to read as
 follows:
    279.27  Discharge of teacher.
    1.  A teacher may be discharged at any time during
 the contract year for just cause. The superintendent or
 the superintendent's designee, shall notify the teacher
 immediately that the superintendent will recommend in writing
 to the board at a regular or special meeting of the board
 held not more than fifteen days after notification has been
 given to the teacher that the teacher's continuing contract be
 terminated effective immediately following a decision of the
 board. The procedure for dismissal shall be as provided in
 section 279.15, subsection 2, and sections 279.16 to through
  279.19. The superintendent may suspend a teacher under this
 section pending hearing and determination by the board.
    2.  For purposes of this section, "just cause" includes
 but is not limited to a violation of the code of professional
 conduct and ethics of the board of educational examiners if
 the board has taken disciplinary action against a teacher,
 during the six months following issuance by the board
 of a final written decision and finding of fact after a
 disciplinary proceeding.
    Sec. 42.  Section 284.3, subsection 2, Code 2017, is amended
 to read as follows:
    2.  A school board shall provide for the following:
    a.  For purposes of comprehensive evaluations, standards
 and criteria which measure a beginning teacher's performance
 against the Iowa teaching standards specified in subsection
 1, and the criteria for the Iowa teaching standards
 developed by the department in accordance with section
 256.9,  to determine whether the teacher's practice meets the
 requirements specified for a career teacher. These standards
 and criteria shall be set forth in an instrument provided by
 the department. The comprehensive evaluation and instrument
 are not subject to negotiations or grievance procedures
 pursuant to chapter 20 or determinations made by the board
 of directors under section 279.14. A local school board
 and its certified bargaining representative may negotiate,
 pursuant to chapter 20, evaluation and grievance procedures
 for beginning teachers that are not in conflict with this
 chapter. If, in accordance with section 279.19, a beginning
 teacher appeals the determination of a school board to an
 adjudicator under section 279.17, the adjudicator selected
 shall have successfully completed training related to the
 Iowa teacher standards, the criteria adopted by the state
 board in accordance with subsection 3, and any additional
 training required under rules adopted by the public employment
 relations board in cooperation with the state board.
    b.  For purposes of performance reviews for teachers other
 than beginning teachers, evaluations that contain, at a
 minimum, the Iowa teaching standards specified in subsection
 1, as well as the criteria for the Iowa teaching standards
 developed by the department in accordance with section
 256.9, subsection 42. A local school board and its certified
 bargaining representative may negotiate, pursuant to chapter
 20, additional teaching standards and criteria. A local
 school board and its certified bargaining representative shall
 negotiate, pursuant to chapter 20, evaluation and grievance
 procedures for teachers other than beginning teachers that are
 not in conflict with this chapter.
    Sec. 43.  Section 284.4, subsection 1, paragraph c,
 subparagraphs (2) and (5), Code 2017, are amended to read as
 follows:
    (2)  Monitor the evaluation requirements of this chapter
 to ensure evaluations are conducted in a fair and consistent
 manner throughout the school district or agency. In addition
 to any negotiated evaluation procedures, The committee
 shall develop model evidence for the Iowa teaching standards
 and criteria. The model evidence will minimize paperwork
 and focus on teacher improvement. The model evidence will
 determine which standards and criteria can be met with
 observation and which evidence meets multiple standards and
 criteria.
    (5)  Ensure the agreement negotiated pursuant to chapter
 20 determines Determine the compensation for teachers on the
 committee for work responsibilities required beyond the normal
 work day.
    Sec. 44.  Section 284.8, subsections 2 and 4, Code 2017, are
 amended to read as follows:
    2.  If a supervisor or an evaluator determines, at any
 time, as a result of a teacher's performance that the teacher
 is not meeting district expectations under the Iowa teaching
 standards specified in section 284.3, subsection 1, paragraphs
 "a" through "h", and the criteria for the Iowa teaching
 standards developed by the department in accordance with
 section 256.9, subsection 42, and any other standards or
 criteria established in the collective bargaining agreement,
  the evaluator shall, at the direction of the teacher's
 supervisor, recommend to the district that the teacher
 participate in an intensive assistance program. The intensive
 assistance program and its implementation are not subject to
 negotiation and grievance procedures established pursuant to
 chapter 20. All school districts shall be prepared to offer
 an intensive assistance program.
    4.  A teacher who is not meeting the applicable standards
 and criteria based on a determination made pursuant to
 subsection 2 shall participate in an intensive assistance
 program.  However, a teacher who has previously participated
 in an intensive assistance program relating to particular
 Iowa teaching standards or criteria shall not be entitled to
 participate in another intensive assistance program relating
 to the same standards or criteria and shall be subject to the
 provisions of subsection 5.
    Sec. 45.  Section 284.8, subsection 3, Code 2017, is amended
 by striking the subsection.
    Sec. 46.  Section 284.8, Code 2017, is amended by adding the
 following new subsection:
    NEW SUBSECTION.  5.  Following a teacher's participation
 in an intensive assistance program, the teacher shall be
 reevaluated to determine whether the teacher successfully
 completed the intensive assistance program and is meeting
 district expectations under the applicable Iowa teaching
 standards or criteria. If the teacher did not successfully
 complete the intensive assistance program or continues not to
 meet the applicable Iowa teaching standards or criteria, the
 board may do any of the following:
    a.  Terminate the teacher's contract immediately pursuant
 to section 279.27.
    b.  Terminate the teacher's contract at the end of the
 school year pursuant to section 279.15.
    c.  Continue the teacher's contract for a period not to
 exceed one year. However, the contract shall not be renewed
 and shall not be subject to section 279.15.
    Sec. 47.  REPEAL.  Section 279.17, Code 2017, is repealed.
    Sec. 48.  EFFECTIVE UPON ENACTMENT.  This division of this
 Act, being deemed of immediate importance, takes effect upon
 enactment.
    Sec. 49.  APPLICABILITY.  This division of this Act applies
 to employment contracts of school employees entered into
 pursuant to chapter 279 on and after the effective date of
 this division of this Act. This division of this Act does
 not apply to collective bargaining agreements pursuant to
 chapter 20 which have been ratified in a ratification election
 referred to in section 20.17, subsection 4, for which an
 arbitrator has made a final determination as described in
 section 20.22, subsection 11, or which have become effective,
 where such events occurred before the effective date of this
 division of this Act. This division of this Act applies to
 all collective bargaining procedures provided for in chapter
 20 occurring on and after the effective date of this division
 of this Act and collective bargaining agreements pursuant to
 chapter 20 for which a ratification election referred to in
 section 20.17, subsection 4, is held, for which an arbitrator
 makes a final determination as described in section 20.22,
 subsection 11, or which, unless otherwise provided in this
 section, become effective on or after the effective date of
 this division of this Act.
                          DIVISION III
           PERSONNEL RECORDS AND SETTLEMENT AGREEMENTS
    Sec. 50.  Section 22.7, subsection 11, paragraph a,
 subparagraph (5), Code 2017, is amended to read as follows:
    (5)  The fact that the individual resigned in lieu of
 termination, was discharged, or was demoted as the result
 of a final disciplinary action upon the exhaustion of all
 applicable contractual, legal, and statutory remedies, and the
 documented reasons and rationale for the resignation in lieu
 of termination, the discharge, or the demotion.  For purposes
 of this subparagraph, "demoted" and "demotion" mean a change
 of an employee from a position in a given classification to a
 position in a classification having a lower pay grade.
    Sec. 51.  NEW SECTION.  22.13A  Personnel settlement
 agreements ==== state employees ==== confidentiality ==== disclosure.
    1.  For purposes of this section:
    a.  "Personnel settlement agreement" means a binding legal
 agreement between a state employee and the state employee's
 employer, subject to section 22.13, to resolve a personnel
 dispute including but not limited to a grievance. "Personnel
 settlement agreement" does not include an initial decision by
 a state employee's employer concerning a personnel dispute or
 grievance.
    b.  "State employee" means an employee of the state who is
 an employee of the executive branch as described in sections
 7E.2 and 7E.5.
    2.  Personnel settlement agreements shall not contain any
 confidentiality or nondisclosure provision that attempts to
 prevent the disclosure of the personnel settlement agreement.
 In addition, any confidentiality or nondisclosure provision in
 a personnel settlement agreement is void and unenforceable.
    3.  The requirements of this section shall not be superseded
 by any provision of a collective bargaining agreement.
    4.  All personnel settlement agreements shall be made
 easily accessible to the public on an internet site maintained
 as follows:
    a.  For personnel settlement agreements with an employee of
 the executive branch, excluding an employee of the state board
 of regents or institution under the control of the state board
 of regents, by the department of administrative services.
    b.  For personnel settlement agreements with an employee of
 the state board of regents or institution under the control of
 the state board of regents, by the state board of regents.
    5.  a.  A state agency shall not enter into a personnel
 settlement agreement with a state employee on behalf of the
 state unless the personnel settlement agreement is first
 reviewed by the attorney general or the attorney general's
 designee. Additionally, a state agency shall not enter into a
 personnel settlement agreement with a state employee on behalf
 of the state unless the agreement has been approved in writing
 by the following individuals:
    (1)  For a state agency other than an institution governed
 by the board of regents, the director of the department of
 management, the director of the department of administrative
 services, and the head of the state agency.
    (2)  For an institution governed by the board of regents,
 the executive director of the board of regents and the head of
 the institution.
    b.  If subparagraph (1) or (2) is not consistent with the
 provision of a collective bargaining agreement, a state agency
 shall provide the individuals referenced in this subsection,
 as applicable, with regular reports regarding any personnel
 settlement agreements entered into with state employees by the
 state agency.
    Sec. 52.  NEW SECTION.  22.15  Personnel records ==
 discipline == employee notification.
    A government body that takes disciplinary action against an
 employee that may result in information described in section
 22.7, subsection 11, paragraph "a", subparagraph (5), being
 placed in the employee's personnel record, prior to taking
 such disciplinary action, shall notify the employee in writing
 that the information placed in the employee's personnel file
 as a result of the disciplinary action may become a public
 record.
    Sec. 53.  EFFECTIVE UPON ENACTMENT.  This division of this
 Act, being deemed of immediate importance, takes effect upon
 enactment.
    Sec. 54.  APPLICABILITY.  The section of this division of
 this Act amending section 22.7, subsection 11, applies to
 all information described in section 22.7, subsection 11,
 paragraph "a", subparagraph (5), as amended by this division
 of this Act, relating to information placed in an individual's
 personnel records on or after the effective date of this
 division of this Act.
                           DIVISION IV
                 CITY CIVIL SERVICE REQUIREMENTS
    Sec. 55.  Section 400.12, Code 2017, is amended to read as
 follows:
    400.12  Seniority ==== extinguishment ==== reestablishment.
    1.  For the purpose of determining the seniority rights
 of civil service employees, seniority shall be computed,
 beginning with the date of appointment to or employment in any
 positions for which they were certified or otherwise qualified
 and established as provided in this chapter, but shall not
 include any period of time exceeding sixty days in any one
 year during which they were absent from the service except for
 disability.
    2.  In the event that a civil service employee has more
 than one classification or grade, the length of the employee's
 seniority rights shall date in the respective classifications
 or grades from and after the time the employee was appointed
 to or began employment in each classification or grade.
 In the event that an employee has been promoted from one
 classification or grade to another, the employee's civil
 service seniority rights shall be continuous in any department
 grade or classification that the employee formerly held.
    3.  A list of all civil service employees shall be prepared
 and posted in the city hall by the civil service commission on
 or before July 1 of each year, indicating the civil service
 standing of each employee as to the employee's seniority.
    4.  Unless otherwise provided in a collective bargaining
 agreement, a city council may extinguish the seniority rights,
 including but not limited to seniority accrued, provided
 pursuant to this section to all civil service employees who
 are not employed or appointed as a fire fighter or police
 officer, fire chief or police chief, or assistant fire chief
 or assistant police chief.  A city council may subsequently
 reestablish seniority rights extinguished pursuant to this
 section for all employees who are not employed or appointed as
 a fire fighter or police officer, fire chief or police chief,
 or assistant fire chief or assistant police chief. Seniority
 rights reestablished in this way may include, but are not
 required to include, accrual of seniority for employment prior
 to the reestablishment of such rights.
    Sec. 56.  Section 400.17, subsection 4, Code 2017, is
 amended to read as follows:
    4.  A person shall not be appointed, denied appointment,
 promoted, removed, discharged, suspended, or demoted to or
 from a civil service position or in any other way favored or
 discriminated against in that position because of political
 or religious opinions or affiliations, race, national origin,
 sex, or age, or in retaliation for the exercise of any right
 enumerated in this chapter. However, the maximum age for a
 police officer or fire fighter covered by this chapter and
 employed for police duty or the duty of fighting fires is
 sixty=five years of age.
    Sec. 57.  Section 400.18, Code 2017, is amended to read as
 follows:
    400.18  Removal, discharge, demotion, or suspension.
    1.  A person holding civil service rights as provided in
 this chapter shall not be removed, discharged, demoted, or
 suspended arbitrarily, except as otherwise provided in this
 chapter, but may be removed, discharged, demoted, or suspended
 after a hearing by a majority vote of the civil service
 commission, for neglect of duty, disobedience, misconduct, or
 failure to properly perform the person's duties due to any act
 or failure to act by the employee that is in contravention of
 law, city policies, or standard operating procedures, or that
 in the judgment of the person having the appointing power as
 provided in this chapter, or the chief of police or chief of
 the fire department, is sufficient to show that the employee
 is unsuitable or unfit for employment.
    2.  An employee who is removed, discharged, demoted, or
 suspended may request a hearing before the civil service
 commission to review the appointing authority's, police
 chief's, or fire chief's decision to remove, discharge,
 demote, or suspend the employee.
    2.  3.  The party alleging neglect of duty, disobedience,
 misconduct, or failure to properly perform a duty city
  shall have the burden of proof to prove that the act or
 failure to act by the employee was in contravention of
 law, city policies, or standard operating procedures, or is
 sufficient to show that the employee is unsuitable or unfit
 for employment.
    3.  4.  A person subject to a hearing has the right to
 be represented by counsel at the person's expense or by the
 person's authorized collective bargaining representative.
    5.  A collective bargaining agreement to which a bargaining
 unit that has at least thirty percent of members who are
 public safety employees as defined in section 20.3 is a party
 shall provide additional procedures not inconsistent with this
 section for the implementation of this section.
    Sec. 58.  Section 400.19, Code 2017, is amended to read as
 follows:
    400.19  Removal, or discharge, demotion, or suspension of
 subordinates.
    The person having the appointing power as provided in
 this chapter, or the chief of police or chief of the fire
 department, may, upon presentation of grounds for such action
 to the subordinate in writing, peremptorily remove, discharge,
 demote, or suspend, demote, or discharge a subordinate then
 under the person's or chief's direction for neglect of duty,
 disobedience of orders, misconduct, or failure to properly
 perform the subordinate's duties due to any act or failure
 to act by the employee that is in contravention of law, city
 policies, or standard operating procedures, or that in the
 judgment of the person or chief is sufficient to show that the
 employee is unsuitable or unfit for employment.
    Sec. 59.  Section 400.20, Code 2017, is amended to read as
 follows:
    400.20  Appeal.
    The suspension removal, discharge, demotion, or discharge
  suspension of a person holding civil service rights may be
 appealed to the civil service commission within fourteen
 calendar days after the suspension removal, discharge,
  demotion, or discharge suspension.
    Sec. 60.  Section 400.21, Code 2017, is amended to read as
 follows:
    400.21  Notice of appeal.
    If the appeal be taken by the person suspended removed,
 discharged, demoted, or discharged suspended, notice thereof,
 signed by the appellant and specifying the ruling appealed
 from, shall be filed with the clerk of commission; if by the
 person making such suspension removal, discharge, demotion,
 or discharge suspension, such notice shall also be served
 upon the person suspended removed, discharged, demoted, or
 discharged suspended.
    Sec. 61.  Section 400.22, Code 2017, is amended to read as
 follows:
    400.22  Charges.
    Within fourteen calendar days from the service of the
 notice of appeal, the person or body making the ruling
 appealed from shall file with the body to which the appeal is
 taken a written specification of the charges and grounds upon
 which the ruling was based. If the charges are not filed, the
 person suspended or removed, discharged, demoted, or suspended
  may present the matter to the body to whom the appeal is to
 be taken by affidavit, setting forth the facts, and the body
 to whom the appeal is to be taken shall immediately enter an
 order reinstating the person suspended or removed, discharged,
 demoted, or suspended for want of prosecution.
    Sec. 62.  Section 400.27, unnumbered paragraph 3, Code
 2017, is amended to read as follows:
    The city or any civil service employee shall have a right to
 appeal to the district court from the final ruling or decision
 of the civil service commission. The appeal shall be taken
 within thirty days from the filing of the formal decision of
 the commission. The district court of the county in which the
 city is located shall have full jurisdiction of the appeal
 and the said appeal shall be a trial de novo as an equitable
 action in the district court.  The scope of review for the
 appeal shall be limited to de novo appellate review without a
 trial or additional evidence.
    Sec. 63.  Section 400.28, Code 2017, is amended to read as
 follows:
    400.28  Employees ==== number diminished.
    1.  When the public interest requires A city council may
 implement a diminution of employees in a classification or
 grade under civil service, the city council, acting in good
 faith, may do either of the following:
    a.  Abolish the office and remove the employee from
 the employee's classification or grade thereunder.  Such
 a diminution shall be carried out in accordance with any
 procedures provided in a collective bargaining agreement to
 which a bargaining unit that has at least thirty percent of
 members who are public safety employees as defined in section
 20.3 is a party, if applicable.
    b.  Reduce the number of employees in any classification or
 grade by suspending the necessary number.
    2.  In case it thus becomes necessary to so remove or
 suspend any such employees, the persons so removed or
 suspended shall be those having seniority of the shortest
 duration in the classifications or grades affected, and such
 seniority shall be computed as provided in section 400.12
  for all persons holding seniority in the classification or
 grade affected, regardless of their seniority in any other
 classification or grade, but any such employee so removed from
 any classification or grade shall revert to the employee's
 seniority in the next lower grade or classification; if such
 seniority is equal, then the one less efficient and competent
 as determined by the person or body having the appointing
 power shall be the one affected.
    3.  In case of removal or suspension, the civil service
 commission shall issue to each person affected one certificate
 showing the person's comparative seniority or length of
 service in each of the classifications or grades from which
 the person is so removed and the fact that the person has
 been honorably removed. The certificate shall also list each
 classification or grade in which the person was previously
 employed. The person's name shall be carried for a period of
 not less than three years after the suspension or removal on a
 preferred list and appointments or promotions made during that
 period to the person's former duties in the classification or
 grade shall be made in the order of greater seniority from the
 preferred lists.
    Sec. 64.  EFFECTIVE UPON ENACTMENT.  This division of this
 Act, being deemed of immediate importance, takes effect upon
 enactment.
                           DIVISION V
                    HEALTH INSURANCE MATTERS
    Sec. 65.  NEW SECTION.  70A.41  Public employee health
 insurance.
    A public employer shall offer health insurance to all
 permanent, full=time public employees employed by the public
 employer. A public employer may offer health insurance to
 any other public employees employed by the public employer.
 All costs of such health insurance shall be determined as
 otherwise provided by law. For purposes of this section,
 "public employer" and "public employee" mean the same as
 defined in section 20.3.
    Sec. 66.  STATE AND REGENTS EMPLOYEE HEALTH INSURANCE ==
 OPEN ENROLLMENT PERIOD.  A thirty=day enrollment and change
 period for health insurance coverage may be established and
 administered for any employees of the state of Iowa, the state
 board of regents, or an institution governed by the state
 board of regents eligible to participate in a health insurance
 plan offered by the state, state board, or institution
 pursuant to chapter 509A, if the affected employees are
 provided written notice of the period at least thirty days
 before the beginning of the period and if the first day of
 such a period occurs in calendar year 2017.
    Sec. 67.  EFFECTIVE UPON ENACTMENT.  This division of this
 Act, being deemed of immediate importance, takes effect upon
 enactment.


                                                             
                               LINDA UPMEYER
                               Speaker of the House


                                                             
                               JACK WHITVER
                               President of the Senate
    I hereby certify that this bill originated in the House and
 is known as House File 291, Eighty=seventh General Assembly.


                                                             
                               CARMINE BOAL
                               Chief Clerk of the House
 Approved                , 2017


                                                             
                               TERRY E. BRANSTAD
                               Governor

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