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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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: Committee Bill

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

Download: Iowa-2017-HF291-Amended.html

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House File 291 - Reprinted




                                 HOUSE FILE       
                                 BY  COMMITTEE ON LABOR

                                 (SUCCESSOR TO HSB 84)

                                 (COMPANION TO SF 213
                                     BY SCHULTZ)
       (As Amended and Passed by the House February 16, 2017)

                                      A BILL FOR

  1 An Act relating to employment matters involving public
  2    employees including collective bargaining, educator
  3    employment matters, personnel records and settlement
  4    agreements, city civil service requirements, and health
  5    insurance matters, making penalties applicable, and
  6    including effective date, applicability, and transition
  7    provisions.
  8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    HF 291 (3) 87
    je/rj/md

PAG LIN



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