Bill Text: IA SF141 | 2021-2022 | 89th General Assembly | Introduced


Bill Title: A bill for an act concerning employment matters involving public employees including collective bargaining, educator employment matters, and city civil service requirements, and including effective date, applicability, and transition provisions.

Spectrum: Partisan Bill (Democrat 13-0)

Status: (Introduced) 2021-01-26 - Subcommittee: Schultz, Brown, and T. Taylor. S.J. 161. [SF141 Detail]

Download: Iowa-2021-SF141-Introduced.html
Senate File 141 - Introduced SENATE FILE 141 BY BOULTON , GIDDENS , BOLKCOM , BISIGNANO , TRONE GARRIOTT , MATHIS , JOCHUM , QUIRMBACH , PETERSEN , J. SMITH , RAGAN , WAHLS , and DOTZLER A BILL FOR An Act concerning employment matters involving public employees 1 including collective bargaining, educator employment 2 matters, and city civil service requirements, and including 3 effective date, applicability, and transition provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1521XS (4) 89 je/rn
S.F. 141 DIVISION I 1 PUBLIC EMPLOYEE COLLECTIVE BARGAINING 2 Section 1. Section 20.3, subsections 11 and 13, Code 2021, 3 are amended by striking the subsections. 4 Sec. 2. Section 20.6, subsection 1, Code 2021, is amended 5 to read as follows: 6 1. Administer Interpret, apply, and administer the 7 provisions of this chapter . 8 Sec. 3. Section 20.6, subsections 6 and 7, Code 2021, are 9 amended by striking the subsections. 10 Sec. 4. Section 20.7, subsection 2, Code 2021, is amended 11 to read as follows: 12 2. Hire, evaluate, promote, demote, transfer, assign, and 13 retain public employees in positions within the public agency. 14 Sec. 5. Section 20.8, subsection 5, Code 2021, is amended by 15 striking the subsection. 16 Sec. 6. Section 20.9, Code 2021, is amended by striking the 17 section and inserting in lieu thereof the following: 18 20.9 Scope of negotiations. 19 1. The public employer and the employee organization shall 20 meet at reasonable times, including meetings reasonably in 21 advance of the public employer’s budget-making process, to 22 negotiate in good faith with respect to but not limited to the 23 following: 24 a. Wages. 25 b. Hours, including the establishment of work shifts and 26 schedules and procedures and criteria for assigning work shifts 27 and schedules. 28 c. Vacations. 29 d. Insurance, including the determination of the health 30 insurance carrier. 31 e. Holidays. 32 f. Leaves of absence, including cash payments for 33 accumulated leave. 34 g. Shift differentials. 35 -1- LSB 1521XS (4) 89 je/rn 1/ 50
S.F. 141 h. Overtime compensation. 1 i. Supplemental pay, including payments and benefits which 2 are other than wages and are not paid as compensation for or 3 conditioned upon the employees’ performance of services in 4 addition to their regular services to the public employer. 5 j. Seniority. 6 k. Transfer procedures. 7 l. Job classifications. 8 m. Health and safety matters. 9 n. Evaluation procedures, including the frequency of 10 evaluations, the method of evaluation, evaluation forms 11 and other evaluation instruments, evaluation criteria, the 12 purposes for and use of evaluations, and remedial and employee 13 performances improvement plans and procedures. 14 o. Procedures for staff reduction. 15 p. In-service training. 16 q. Preparation time. 17 r. Class size. 18 s. Discipline and discharge, including grounds for discharge 19 and imposition of other discipline, levels and types of 20 disciplinary measures, and procedures for resolving disputes. 21 t. Work uniforms and equipment and other required work 22 clothing and equipment, including allowances for uniforms and 23 equipment and other required work clothing and equipment. 24 u. Staffing levels. 25 v. Retirement systems not excluded from negotiations 26 pursuant to subsection 4. 27 w. Other terms and conditions of employment except as 28 provided in subsection 4. 29 2. Negotiations shall also include terms authorizing 30 dues checkoff for members of the employee organization and 31 grievance procedures for resolving any questions arising under 32 the agreement, which shall be embodied in a written agreement 33 and signed by the parties. If an agreement provides for dues 34 checkoff, a member’s dues may be checked off only upon the 35 -2- LSB 1521XS (4) 89 je/rn 2/ 50
S.F. 141 member’s written request and the member may terminate the dues 1 checkoff at any time by giving thirty days’ written notice. 2 Such obligation to negotiate in good faith does not compel 3 either party to agree to a proposal or make a concession. 4 3. Nothing in this section shall diminish the authority 5 and power of the department of administrative services, board 6 of regents’ merit system, Iowa public broadcasting board’s 7 merit system, or any civil service commission established by 8 constitutional provision, statute, charter, or special act to 9 recruit employees, prepare, conduct and grade examinations, 10 rate candidates in order of their relative scores for 11 certification for appointment or promotion or for other matters 12 of classification, reclassification or appeal rights in the 13 classified service of the public employer served. 14 4. The following shall be excluded from the scope of 15 negotiations: 16 a. All retirement systems established by statute except 17 for pension and annuity retirement systems established 18 under chapter 412 and except for supplemental and additional 19 retirement benefits including severance payments, cash payments 20 based on accumulated or unused leave time, and insurance for 21 retired employees. 22 b. Discharge for teachers who are employed pursuant to 23 chapter 279. For purposes of this paragraph, discharge does 24 not include procedures and criteria for staff reduction. 25 Sec. 7. Section 20.10, subsection 3, paragraph j, Code 2021, 26 is amended by striking the paragraph. 27 Sec. 8. Section 20.12, subsection 5, Code 2021, is amended 28 to read as follows: 29 5. If an employee organization or any of its officers 30 is held to be in contempt of court for failure to comply 31 with an injunction pursuant to this section , or is convicted 32 of violating this section , the employee organization shall 33 be immediately decertified, shall cease to represent the 34 bargaining unit, shall cease to receive any dues by checkoff, 35 -3- LSB 1521XS (4) 89 je/rn 3/ 50
S.F. 141 and may again be certified only after twenty-four twelve months 1 have elapsed from the effective date of decertification and 2 only if after a new petition for certification pursuant to 3 compliance with section 20.14 is filed and a new certification 4 election pursuant to section 20.15 is held . The penalties 5 provided in this section may be suspended or modified by the 6 court, but only upon request of the public employer and only 7 if the court determines the suspension or modification is in 8 the public interest. 9 Sec. 9. Section 20.15, Code 2021, is amended by striking the 10 section and inserting in lieu thereof the following: 11 20.15 Elections. 12 1. Upon the filing of a petition for certification of an 13 employee organization, the board shall submit a question to 14 the public employees at an election in the bargaining unit 15 found appropriate by the board. The question on the ballot 16 shall permit the public employees to vote for no bargaining 17 representation or for any employee organization which has 18 petitioned for certification or which has presented proof 19 satisfactory to the board of support of ten percent or more of 20 the public employees in the appropriate unit. 21 2. If a majority of the votes cast on the question is 22 for no bargaining representation, the public employees in 23 the bargaining unit found appropriate by the board shall not 24 be represented by an employee organization. If a majority 25 of the votes cast on the question is for a listed employee 26 organization, then that employee organization shall represent 27 the public employees in the bargaining unit found appropriate 28 by the board. 29 3. If none of the choices on the ballot receive the vote 30 of a majority of the public employees voting, the board shall 31 conduct a runoff election among the two choices receiving the 32 greatest number of votes. 33 4. Upon written objections filed by any party to the 34 election within ten days after notice of the results of 35 -4- LSB 1521XS (4) 89 je/rn 4/ 50
S.F. 141 the election, if the board finds that misconduct or other 1 circumstances prevented the public employees eligible to 2 vote from freely expressing their preferences, the board may 3 invalidate the election and hold a second election for the 4 public employees. 5 5. Upon completion of a valid election in which the majority 6 choice of the employees voting is determined, the board shall 7 certify the results of the election and shall give reasonable 8 notice of the order to all employee organizations listed on the 9 ballot, the public employers, and the public employees in the 10 appropriate bargaining unit. 11 6. a. A petition for certification as exclusive bargaining 12 representative of a bargaining unit shall not be considered 13 by the board for a period of one year from the date of the 14 noncertification of an employee organization as the exclusive 15 bargaining representative of that bargaining unit following a 16 certification election. A petition for certification as the 17 exclusive bargaining representative of a bargaining unit shall 18 also not be considered by the board if the bargaining unit is 19 at that time represented by a certified exclusive bargaining 20 representative. 21 b. A petition for the decertification of the exclusive 22 bargaining representative of a bargaining unit shall not be 23 considered by the board for a period of one year from the date 24 of its certification, or within one year of its continued 25 certification following a decertification election, or during 26 the duration of a collective bargaining agreement which, for 27 purposes of this section, shall be deemed not to exceed two 28 years. However, if a petition for decertification is filed 29 during the duration of a collective bargaining agreement, the 30 board shall award an election under this section not more than 31 one hundred eighty days and not less than one hundred fifty 32 days prior to the expiration of the collective bargaining 33 agreement. If an employee organization is decertified, the 34 board may receive petitions under section 20.14, provided that 35 -5- LSB 1521XS (4) 89 je/rn 5/ 50
S.F. 141 no such petition and no election conducted pursuant to such 1 petition within one year from decertification shall include as 2 a party the decertified employee organization. 3 c. A collective bargaining agreement with the state, its 4 boards, commissions, departments, and agencies shall be for two 5 years. The provisions of a collective bargaining agreement or 6 arbitrator’s award affecting state employees shall not provide 7 for renegotiations which would require the refinancing of 8 salary and fringe benefits for the second year of the term of 9 the agreement, except as provided in section 20.17, subsection 10 6. The effective date of any such agreement shall be July 1 of 11 odd-numbered years, provided that if an exclusive bargaining 12 representative is certified on a date which will prevent the 13 negotiation of a collective bargaining agreement prior to 14 July 1 of odd-numbered years for a period of two years, the 15 certified collective bargaining representative may negotiate 16 a one-year contract with the public employer which shall be 17 effective from July 1 of the even-numbered year to July 1 18 of the succeeding odd-numbered year when new contracts shall 19 become effective. 20 Sec. 10. Section 20.17, subsection 8, Code 2021, is amended 21 by striking the subsection and inserting in lieu thereof the 22 following: 23 8. The salaries of all public employees of the state under 24 a merit system and all other fringe benefits which are granted 25 to all public employees of the state shall be negotiated with 26 the governor or the governor’s designee on a statewide basis, 27 except those benefits which are not subject to negotiations 28 pursuant to the provisions of section 20.9. 29 Sec. 11. Section 20.17, Code 2021, is amended by adding the 30 following new subsection: 31 NEW SUBSECTION . 8A. A public employee or any employee 32 organization shall not negotiate or attempt to negotiate 33 directly with a member of the governing board of a public 34 employer if the public employer has appointed or authorized 35 -6- LSB 1521XS (4) 89 je/rn 6/ 50
S.F. 141 a bargaining representative for the purpose of bargaining 1 with the public employees or their representative, unless the 2 member of the governing board is the designated bargaining 3 representative of the public employer. 4 Sec. 12. Section 20.22, subsections 2, 3, 7, 9, and 10, Code 5 2021, are amended to read as follows: 6 2. Each party shall serve its final offer on each of 7 the impasse items upon the other party within four days of 8 the board’s receipt of the request for arbitration , or by a 9 deadline otherwise agreed upon by the parties . The parties may 10 continue to negotiate all offers until an agreement is reached 11 or an award is rendered by the arbitrator. The full costs of 12 arbitration under this section shall be shared equally by the 13 parties to the dispute. 14 3. The submission of the impasse items to the arbitrator 15 shall be limited to those items upon which the parties have 16 not reached agreement. With respect to each such item, the 17 arbitrator’s award shall be restricted to the final offers on 18 each impasse item submitted by the parties to the arbitrator , 19 except as provided in subsection 10 , paragraph “b” . 20 7. For an arbitration involving a bargaining unit that 21 has at least thirty percent of members who are public safety 22 employees, the The arbitrator shall consider and specifically 23 address in the arbitrator’s determination , in addition to any 24 other relevant factors, the following factors: 25 a. Past collective bargaining contracts between the parties 26 including the bargaining that led up to such contracts. 27 b. Comparison of wages, hours, and conditions of employment 28 of the involved public employees with those of other public 29 employees doing comparable work, giving consideration to 30 factors peculiar to the area and the classifications involved. 31 c. The interests and welfare of the public, the ability of 32 the public employer to finance economic adjustments, and the 33 effect of such adjustments on the normal standard of services. 34 d. The power of the public employer to levy taxes and 35 -7- LSB 1521XS (4) 89 je/rn 7/ 50
S.F. 141 appropriate funds for the conduct of its operations. 1 9. a. The arbitrator may administer oaths, examine 2 witnesses and documents, take testimony and receive evidence, 3 and issue subpoenas to compel the attendance of witnesses and 4 the production of records. The arbitrator may petition the 5 district court at the seat of government or of the county 6 in which the hearing is held to enforce the order of the 7 arbitrator compelling the attendance of witnesses and the 8 production of records. 9 b. Except as required for purposes of the consideration of 10 the factors specified in subsection 7 , paragraphs “a” through 11 “c” , and subsection 8 , paragraph “a” , subparagraphs (1) through 12 (3), the parties shall not introduce, and the arbitrator 13 shall not accept or consider, any direct or indirect evidence 14 regarding any subject excluded from negotiations pursuant to 15 section 20.9 . 16 10. a. The arbitrator shall select within fifteen 17 days after the hearing the most reasonable offer, in the 18 arbitrator’s judgment, of the final offers on each impasse item 19 submitted by the parties. 20 b. (1) However, for an arbitration involving a bargaining 21 unit that does not have at least thirty percent of members who 22 are public safety employees, with respect to any increase in 23 base wages, the arbitrator’s award shall not exceed the lesser 24 of the following percentages in any one-year period in the 25 duration of the bargaining agreement: 26 (a) Three percent. 27 (b) A percentage equal to the increase in the consumer 28 price index for all urban consumers for the midwest region, 29 if any, as determined by the United States department of 30 labor, bureau of labor statistics, or a successor index. Such 31 percentage shall be the change in the consumer price index 32 for the twelve-month period beginning eighteen months prior 33 to the month in which the impasse item regarding base wages 34 was submitted to the arbitrator and ending six months prior to 35 -8- LSB 1521XS (4) 89 je/rn 8/ 50
S.F. 141 the month in which the impasse item regarding base wages was 1 submitted to the arbitrator. 2 (2) To assist the parties in the preparation of their final 3 offers on an impasse item regarding base wages, the board 4 shall provide information to the parties regarding the change 5 in the consumer price index for all urban consumers for the 6 midwest region for any twelve-month period. The department of 7 workforce development shall assist the board in preparing such 8 information upon request. 9 Sec. 13. Section 20.22, subsection 8, Code 2021, is amended 10 by striking the subsection. 11 Sec. 14. Section 20.26, subsection 4, Code 2021, is amended 12 to read as follows: 13 4. Nothing in this section shall be construed to prohibit 14 voluntary contributions by individuals to political parties 15 or candidates , provided that such contributions are not made 16 through payroll deductions . 17 Sec. 15. Section 20.29, Code 2021, is amended to read as 18 follows: 19 20.29 Filing agreement —— public access —— internet site . 20 1. Collective bargaining agreements shall be in writing and 21 shall be signed by the parties. 22 2. A copy of a collective bargaining agreement entered into 23 between a public employer and a certified employee organization 24 and made final under this chapter shall be filed with the board 25 by the public employer within ten days of the date on which the 26 agreement is entered into. 27 3. Copies of collective bargaining agreements entered 28 into between the state and the state employees’ bargaining 29 representatives and made final under this chapter shall be 30 filed with the secretary of state and be made available to the 31 public at cost. 32 4. The board shall maintain an internet site that allows 33 searchable access to a database of collective bargaining 34 agreements and other collective bargaining information. 35 -9- LSB 1521XS (4) 89 je/rn 9/ 50
S.F. 141 Sec. 16. Section 20.30, Code 2021, is amended by striking 1 the section and inserting in lieu thereof the following: 2 20.30 Supervisory member —— no reduction before retirement. 3 1. A supervisory member of any department or agency 4 employed by the state of Iowa shall not be granted a voluntary 5 reduction to a nonsupervisory rank or grade during the six 6 months preceding retirement of the member. A member of any 7 department or agency employed by the state of Iowa who retires 8 in less than six months after voluntarily requesting and 9 receiving a reduction in rank or grade from a supervisory to a 10 nonsupervisory position shall be ineligible for a benefit to 11 which the member is entitled as a nonsupervisory member but is 12 not entitled as a supervisory member. 13 2. The provisions of this section shall be effective during 14 the collective bargaining agreement in effect from July 1, 15 1979, to June 30, 1981. 16 Sec. 17. Section 20.31, subsection 2, unnumbered paragraph 17 1, Code 2021, is amended to read as follows: 18 A mediator shall not be required to testify in any judicial, 19 administrative, arbitration, or grievance proceeding regarding 20 any matters occurring in the course of a mediation, including 21 any verbal or written communication or behavior, other than 22 facts relating exclusively to the timing or scheduling of 23 mediation. A mediator shall not be required to produce or 24 disclose any documents, including notes, memoranda, or other 25 work product, relating to mediation, other than documents 26 relating exclusively to the timing or scheduling of mediation. 27 This subsection shall not apply in any of the following 28 circumstances: 29 Sec. 18. Section 22.7, subsection 69, Code 2021, is amended 30 to read as follows: 31 69. The evidence of public employee support for 32 the certification , retention and recertification, or 33 decertification of an employee organization as defined in 34 section 20.3 that is submitted to the public employment 35 -10- LSB 1521XS (4) 89 je/rn 10/ 50
S.F. 141 relations board as provided in section 20.14 or 20.15 . 1 Sec. 19. Section 22.7, subsection 70, Code 2021, is amended 2 by striking the subsection. 3 Sec. 20. Section 70A.17A, Code 2021, is amended by adding 4 the following new subsection: 5 NEW SUBSECTION . 3. This section shall not affect a payroll 6 deduction elected by a state employee pursuant to section 7 70A.19. 8 Sec. 21. Section 70A.19, Code 2021, is amended by striking 9 the section and inserting in lieu thereof the following: 10 70A.19 Duration of state payroll deduction for dues of 11 employee organization member. 12 A state employee who elects a payroll deduction for 13 membership dues to an employee organization pursuant to the 14 provisions of a collective bargaining agreement negotiated 15 under the provisions of chapter 20 shall maintain the deduction 16 for a period of one year or until the expiration of the 17 collective bargaining agreement, whichever occurs first. A 18 state employee who transfers employment to a position covered 19 by a different collective bargaining agreement or who becomes 20 a management employee is not subject to this requirement. 21 With respect to state employees, this section supersedes the 22 provisions of section 20.9 allowing termination of a dues 23 checkoff at any time but does not supersede the requirement for 24 thirty days’ written notice of termination. 25 Sec. 22. Section 412.2, subsection 1, Code 2021, is amended 26 to read as follows: 27 1. From the proceeds of the assessments on the wages 28 and salaries of employees, of any such waterworks system, 29 or other municipally owned and operated public utility, 30 eligible to receive the benefits thereof. Notwithstanding 31 any provisions of section 20.9 to the contrary, a council, 32 board of waterworks, or other board or commission which 33 establishes a pension and annuity retirement system pursuant to 34 this chapter, shall negotiate in good faith with a certified 35 -11- LSB 1521XS (4) 89 je/rn 11/ 50
S.F. 141 employee organization as defined in section 20.3, which is the 1 collective bargaining representative of the employees, with 2 respect to the amount or rate of the assessment on the wages 3 and salaries of employees and the method or methods for payment 4 of the assessment by the employees. 5 Sec. 23. Section 602.1401, subsection 3, paragraph b, Code 6 2021, is amended to read as follows: 7 b. For purposes of chapter 20 , the certified representative, 8 which on July 1, 1983, represents employees who become judicial 9 branch employees as a result of 1983 Iowa Acts, ch. 186 , shall 10 remain the certified representative when the employees become 11 judicial branch employees and thereafter, unless the public 12 employee organization is not retained and recertified or is 13 decertified in an election held under section 20.15 or amended 14 or absorbed into another certified organization pursuant to 15 chapter 20 . Collective bargaining negotiations shall be 16 conducted on a statewide basis and the certified employee 17 organizations which engage in bargaining shall negotiate on a 18 statewide basis, although bargaining units shall be organized 19 by judicial district. The public employment relations board 20 shall adopt rules pursuant to chapter 17A to implement this 21 subsection . 22 Sec. 24. REPEAL. Sections 20.32 and 20.33, Code 2021, are 23 repealed. 24 Sec. 25. TRANSITION PROCEDURES —— DEADLINE —— EMERGENCY 25 RULES. 26 1. As of the effective date of this division of this Act, 27 parties, mediators, and arbitrators engaging in any collective 28 bargaining procedures provided for in chapter 20, Code 2021, 29 who have not, before the effective date of this division 30 of this Act, completed such procedures, shall immediately 31 terminate any such procedures in process. A collective 32 bargaining agreement negotiated pursuant to such procedures in 33 process shall not become effective. Parties, mediators, and 34 arbitrators shall not engage in further collective bargaining 35 -12- LSB 1521XS (4) 89 je/rn 12/ 50
S.F. 141 procedures except as provided in this section. Such parties 1 shall commence collective bargaining in accordance with section 2 20.17, as amended in this division of this Act. Such parties 3 shall complete such bargaining not later than June 30, 2021, 4 unless the parties mutually agree to a different deadline. 5 2. The public employment relations board shall adopt 6 emergency rules under section 17A.4, subsection 3, and section 7 17A.5, subsection 2, paragraph “b”, to provide for procedures 8 as deemed necessary to implement the provisions of this section 9 and the rules shall be effective immediately upon filing 10 unless a later date is specified in the rules. Such rules 11 shall include but are not limited to alternative deadlines for 12 completion of the procedures provided in sections 20.17 and 13 20.22, as amended by this division of this Act, and sections 14 20.19 and 20.20, which deadlines may be waived by mutual 15 agreement of the parties. 16 3. The department of administrative services shall adopt 17 emergency rules under section 17A.4, subsection 3, and 18 section 17A.5, subsection 2, paragraph “b”, to provide for the 19 implementation of section 70A.19, as amended by this division 20 of this Act, and the rules shall be effective immediately upon 21 filing unless a later date is specified in the rules. 22 Sec. 26. ELECTIONS —— DIRECTIVES TO PUBLIC EMPLOYMENT 23 RELATIONS BOARD. 24 1. The public employment relations board shall cancel any 25 elections scheduled or in process pursuant to section 20.15, 26 subsection 2, Code 2021, as of the effective date of this Act. 27 2. Notwithstanding section 20.15, subsection 1, paragraph 28 “c”, Code 2021, the public employment relations board 29 shall consider a petition for certification of an employee 30 organization as the exclusive representative of a bargaining 31 unit for which an employee organization was not retained and 32 recertified as the exclusive representative of that bargaining 33 unit regardless of the amount of time that has elapsed since 34 the retention and recertification election at which an employee 35 -13- LSB 1521XS (4) 89 je/rn 13/ 50
S.F. 141 organization was not retained or recertified. 1 Sec. 27. EFFECTIVE DATE. This division of this Act, being 2 deemed of immediate importance, takes effect upon enactment. 3 Sec. 28. APPLICABILITY. With the exception of the 4 section of this division of this Act amending section 20.6, 5 subsection 1, this division of this Act does not apply to 6 collective bargaining agreements which have been ratified in a 7 ratification election referred to in section 20.17, subsection 8 4, for which an arbitrator has made a final determination as 9 described in section 20.22, subsection 11, or which have become 10 effective, where such events occurred before the effective 11 date of this division of this Act. This division of this Act 12 applies to all collective bargaining procedures provided for in 13 chapter 20 occurring on and after the effective date of this 14 division of this Act and collective bargaining agreements for 15 which a ratification election referred to in section 20.17, 16 subsection 4, is held, for which an arbitrator makes a final 17 determination as described in section 20.22, subsection 11, or 18 which become effective on or after the effective date of this 19 division of this Act. 20 DIVISION II 21 EDUCATOR EMPLOYMENT MATTERS 22 Sec. 29. Section 279.13, subsections 2 and 5, Code 2021, are 23 amended to read as follows: 24 2. The contract shall remain in force and effect for the 25 period stated in the contract and shall be automatically 26 continued for equivalent periods except as modified or 27 terminated by mutual agreement of the board of directors and 28 the teacher or as modified or terminated in accordance with 29 the provisions specified in this chapter . A contract shall 30 not be offered by the employing board to a teacher under its 31 jurisdiction prior to March 15 of any year. A teacher who has 32 not accepted a contract for the ensuing school year tendered 33 by the employing board may resign effective at the end of the 34 current school year by filing a written resignation with the 35 -14- LSB 1521XS (4) 89 je/rn 14/ 50
S.F. 141 secretary of the board. The resignation must be filed not 1 later than the last day of the current school year or the date 2 specified by the employing board for return of the contract, 3 whichever date occurs first. However, a teacher shall not be 4 required to return a contract to the board or to resign less 5 than twenty-one days after the contract has been offered. 6 5. Notwithstanding the other provisions of this section , a 7 temporary contract may be issued to a teacher for a period of 8 up to six months. Notwithstanding the other provisions of this 9 section , a temporary contract may also be issued to a teacher 10 to fill a vacancy created by a leave of absence in accordance 11 with the provisions of section 29A.28 , which contract shall 12 automatically terminate upon return from military leave of the 13 former incumbent of the teaching position . Temporary contracts 14 and which contract shall not be subject to the provisions of 15 sections 279.15 through 279.19 , or section 279.27 . A separate 16 extracurricular contract issued pursuant to section 279.19A to 17 a person issued a temporary contract under this section shall 18 automatically terminate with the termination of the temporary 19 contract as required under section 279.19A, subsection 8 . 20 Sec. 30. Section 279.13, subsection 4, unnumbered paragraph 21 1, Code 2021, is amended to read as follows: 22 For purposes of this section , sections 279.14 , 279.15 , 23 279.16 through 279.17 , 279.19 , and 279.27 , unless the context 24 otherwise requires, “teacher” includes the following individuals 25 employed by a community college: 26 Sec. 31. Section 279.14, Code 2021, is amended to read as 27 follows: 28 279.14 Evaluation criteria and procedures. 29 1. The board shall establish evaluation criteria and shall 30 implement evaluation procedures. If an exclusive bargaining 31 representative has been certified, the board shall negotiate 32 in good faith with respect to evaluation procedures pursuant 33 to chapter 20. 34 2. The determination of standards of performance expected 35 -15- LSB 1521XS (4) 89 je/rn 15/ 50
S.F. 141 of school district personnel shall be reserved as an exclusive 1 management right of the school board and shall not be subject 2 to mandatory negotiations under chapter 20 . Objections 3 Notwithstanding chapter 20, objections to the procedures, 4 use, or content of an evaluation in a teacher termination 5 proceeding brought before the school board in a hearing held in 6 accordance with section 279.16 or 279.27 shall not be subject 7 to any the grievance procedures negotiated in accordance with 8 chapter 20 . A school district shall not be obligated to 9 process any evaluation grievance after service of a notice and 10 recommendation to terminate an individual’s continuing teaching 11 contract in accordance with this chapter. 12 Sec. 32. Section 279.15, subsection 2, paragraph c, Code 13 2021, is amended to read as follows: 14 c. Within five days of the receipt of the written notice 15 that the superintendent is recommending termination of the 16 contract, the teacher may request, in writing to the secretary 17 of the board, a private hearing with the board. The private 18 hearing shall not be subject to chapter 21 and shall be held 19 no sooner than twenty ten days and no later than forty twenty 20 days following the receipt of the request unless the parties 21 otherwise agree. The secretary of the board shall notify the 22 teacher in writing of the date, time, and location of the 23 private hearing, and at least ten five days before the hearing 24 shall also furnish to the teacher any documentation which 25 may be presented to the board at the private hearing and a 26 list of persons who may address the board in support of the 27 superintendent’s recommendation at the private hearing. At 28 least seven three days before the hearing, the teacher shall 29 provide any documentation the teacher expects to present at 30 the private hearing, along with the names of any persons who 31 may address the board on behalf of the teacher. This exchange 32 of information shall be at the time specified unless otherwise 33 agreed. 34 Sec. 33. Section 279.16, Code 2021, is amended by striking 35 -16- LSB 1521XS (4) 89 je/rn 16/ 50
S.F. 141 the section and inserting in lieu thereof the following: 1 279.16 Private hearing —— decision —— record. 2 1. The participants at the private hearing shall be 3 at least a majority of the members of the board, their 4 legal representatives, if any, the superintendent, the 5 superintendent’s designated representatives, if any, the 6 teacher’s immediate supervisor, the teacher, the teacher’s 7 representatives, if any, and the witnesses for the parties. 8 The evidence at the private hearing shall be limited to the 9 specific reasons stated in the superintendent’s notice of 10 recommendation of termination. No participant in the hearing 11 shall be liable for any damages to any person if any statement 12 at the hearing is determined to be erroneous as long as the 13 statement was made in good faith. The superintendent shall 14 present evidence and argument on all issues involved and 15 the teacher may cross-examine, respond and present evidence 16 and argument in the teacher’s behalf relevant to all issues 17 involved. Evidence may be by stipulation of the parties and 18 informal settlement may be made by stipulation, consent, or 19 default or by any other method agreed upon by the parties in 20 writing. The board shall employ a certified shorthand reporter 21 to keep a record of the private hearing. The proceedings 22 or any part thereof shall be transcribed at the request of 23 either party with the expense of transcription charged to the 24 requesting party. 25 2. The presiding officer of the board may administer oaths 26 in the same manner and with like effect and under the same 27 penalties as in the case of magistrates exercising criminal 28 or civil jurisdiction. The board shall cause subpoenas to be 29 issued for such witnesses and the production of such books 30 and papers as either the board or the teacher may designate. 31 The subpoenas shall be signed by the presiding officer of the 32 board. 33 3. In case a witness is duly subpoenaed and refuses to 34 attend, or in case a witness appears and refuses to testify 35 -17- LSB 1521XS (4) 89 je/rn 17/ 50
S.F. 141 or to produce required books or papers, the board shall, 1 in writing, report such refusal to the district court of 2 the county in which the administrative office of the school 3 district is located, and the court shall proceed with the 4 person or witness as though the refusal had occurred in a 5 proceeding legally pending before the court. 6 4. The board shall not be bound by common law or statutory 7 rules of evidence or by technical or formal rules of procedure, 8 but it shall hold the hearing in such manner as is best suited 9 to ascertain and conserve the substantial rights of the 10 parties. Process and procedure under sections 279.13 through 11 279.19 shall be as summary as reasonably may be. 12 5. At the conclusion of the private hearing, the 13 superintendent and the teacher may file written briefs and 14 arguments with the board within three days or such other time 15 as may be agreed upon. 16 6. If the teacher fails to timely request a private hearing 17 or does not appear at the private hearing, the board may 18 proceed and make a determination upon the superintendent’s 19 recommendation. If the teacher fails to timely file a request 20 for a private hearing, the determination shall be not later 21 than May 31. If the teacher fails to appear at the private 22 hearing, the determination shall be not later than five days 23 after the scheduled date for the private hearing. The board 24 shall convene in open session and by roll call vote determine 25 the termination or continuance of the teacher’s contract 26 and, if the board votes to continue the teacher’s contract, 27 whether to suspend the teacher with or without pay for a period 28 specified by the board. 29 7. Within five days after the private hearing, the board 30 shall, in executive session, meet to make a final decision 31 upon the recommendation and the evidence as herein provided. 32 The board shall also consider any written brief and arguments 33 submitted by the superintendent and the teacher. 34 8. The record for a private hearing shall include: 35 -18- LSB 1521XS (4) 89 je/rn 18/ 50
S.F. 141 a. All pleadings, motions and intermediate rulings. 1 b. All evidence received or considered and all other 2 submissions. 3 c. A statement of all matters officially noticed. 4 d. All questions and offers of proof, objections and rulings 5 thereon. 6 e. All findings and exceptions. 7 f. Any decision, opinion, or conclusion by the board. 8 g. Findings of fact shall be based solely on the evidence in 9 the record and on matters officially noticed in the record. 10 9. The decision of the board shall be in writing and shall 11 include findings of fact and conclusions of law, separately 12 stated. Findings of fact, if set forth in statutory language, 13 shall be accompanied by a concise and explicit statement of 14 the underlying facts supporting the findings. Each conclusion 15 of law shall be supported by cited authority or by reasoned 16 opinion. 17 10. When the board has reached a decision, opinion, or 18 conclusion, it shall convene in open meeting and by roll 19 call vote determine the continuance or discontinuance of the 20 teacher’s contract and, if the board votes to continue the 21 teacher’s contract, whether to suspend the teacher with or 22 without pay for a period specified by the board. The record 23 of the private conference and findings of fact and exceptions 24 shall be exempt from the provisions of chapter 22 . The 25 secretary of the board shall immediately mail notice of the 26 board’s action to the teacher. 27 Sec. 34. NEW SECTION . 279.17 Appeal by teacher to 28 adjudicator. 29 1. If the teacher is no longer a probationary teacher, the 30 teacher may, within ten days, appeal the determination of the 31 board to an adjudicator by filing a notice of appeal with the 32 secretary of the board. The notice of appeal shall contain a 33 concise statement of the action which is the subject of the 34 appeal, the particular board action appealed from, the grounds 35 -19- LSB 1521XS (4) 89 je/rn 19/ 50
S.F. 141 on which relief is sought and the relief sought. 1 2. Within five days following receipt by the secretary 2 of the notice of appeal, the board or the board’s legal 3 representative, if any, and the teacher or the teacher’s 4 representative, if any, may select an adjudicator who resides 5 within the boundaries of the merged area in which the school 6 district is located. If an adjudicator cannot be mutually 7 agreed upon within the five-day period, the secretary shall 8 notify the chairperson of the public employment relations board 9 by transmitting the notice of appeal, and the chairperson of 10 the public employment relations board shall within five days 11 provide a list of five adjudicators to the parties. Within 12 three days from receipt of the list of adjudicators, the 13 parties shall select an adjudicator by alternately removing a 14 name from the list until only one name remains. The person 15 whose name remains shall be the adjudicator. The parties shall 16 determine by lot which party shall remove the first name from 17 the list submitted by the chairperson of the public employment 18 relations board. The secretary of the board shall inform the 19 chairperson of the public employment relations board of the 20 name of the adjudicator selected. 21 3. If the teacher does not timely request an appeal to an 22 adjudicator, the decision, opinion, or conclusion of the board 23 shall become final and binding. 24 4. a. Within thirty days after filing the notice of appeal, 25 or within further time allowed by the adjudicator, the board 26 shall transmit to the adjudicator the original or a certified 27 copy of the entire record of the private hearing which may be 28 the subject of the petition. By stipulation of the parties 29 to review the proceedings, the record of the case may be 30 shortened. The adjudicator may require or permit subsequent 31 corrections or additions to the shortened record. 32 b. The record certified and filed by the board shall be the 33 record upon which the appeal shall be heard and no additional 34 evidence shall be heard by the adjudicator. In such appeal to 35 -20- LSB 1521XS (4) 89 je/rn 20/ 50
S.F. 141 the adjudicator, especially when considering the credibility 1 of witnesses, the adjudicator shall give weight to the fact 2 findings of the board but shall not be bound by them. 3 5. Before the date set for hearing a petition for review 4 of board action, which shall be within ten days after 5 receipt of the record unless otherwise agreed or unless the 6 adjudicator orders additional evidence be taken before the 7 board, application may be made to the adjudicator for leave to 8 present evidence in addition to that found in the record of the 9 case. If it is shown to the adjudicator that the additional 10 evidence is material and that there were good reasons for 11 failure to present it in the private hearing before the board, 12 the adjudicator may order that the additional evidence be taken 13 before the board upon conditions determined by the adjudicator. 14 The board may modify its findings and decision in the case by 15 reason of the additional evidence and shall file that evidence 16 and any modifications, new findings, or decisions, with the 17 adjudicator and mail copies of the new findings or decisions 18 to the teacher. 19 6. The adjudicator may affirm board action or remand to the 20 board for further proceedings. The adjudicator shall reverse, 21 modify, or grant any appropriate relief from the board action 22 if substantial rights of the teacher have been prejudiced 23 because the board action is any of the following: 24 a. In violation of a board rule or policy or contract. 25 b. Unsupported by a preponderance of the competent evidence 26 in the record made before the board when that record is viewed 27 as a whole. 28 c. Unreasonable, arbitrary or capricious or characterized 29 by an abuse of discretion or a clearly unwarranted exercise of 30 discretion. 31 7. The adjudicator shall, within fifteen days after the 32 hearing, make a decision and shall give a copy of the decision 33 to the teacher and the secretary of the board. The decision 34 of the adjudicator shall become the final and binding decision 35 -21- LSB 1521XS (4) 89 je/rn 21/ 50
S.F. 141 of the board unless either party within ten days notifies the 1 secretary of the board that the decision is rejected. The 2 board may reject the decision by majority roll call vote, in 3 open meeting, entered into the minutes of the meeting. The 4 board shall immediately notify the teacher of its decision 5 by certified mail. The teacher may reject the adjudicator’s 6 decision by notifying the board’s secretary in writing within 7 ten days of the filing of such decision. 8 8. All costs of the adjudicator shall be shared equally by 9 the teacher and the board. 10 Sec. 35. Section 279.18, Code 2021, is amended by striking 11 the section and inserting in lieu thereof the following: 12 279.18 Appeal by either party to court. 13 1. If either party rejects the adjudicator’s decision, 14 the rejecting party shall, within thirty days of the initial 15 filing of such decision, appeal to the district court of 16 the county in which the administrative office of the school 17 district is located. The notice of appeal shall be immediately 18 mailed by certified mail to the other party. The adjudicator 19 shall transmit to the reviewing court the original or a 20 certified copy of the entire record which may be the subject 21 of the petition. By stipulation of all parties to the review 22 proceedings, the record of such a case may be shortened. A 23 party unreasonably refusing to stipulate to limit the record 24 may be taxed by the court for the additional cost. The court 25 may require or permit subsequent corrections or additions to 26 the shortened record. 27 2. In proceedings for judicial review of the adjudicator’s 28 decision, the court shall not hear any further evidence 29 but shall hear the case upon the certified record. In such 30 judicial review, especially when considering the credibility of 31 witnesses, the court shall give weight to the fact findings of 32 the board but shall not be bound by them. The court may affirm 33 the adjudicator’s decision or remand to the adjudicator or the 34 board for further proceedings upon conditions determined by the 35 -22- LSB 1521XS (4) 89 je/rn 22/ 50
S.F. 141 court. The court shall reverse, modify, or grant any other 1 appropriate relief from the board decision or the adjudicator’s 2 decision equitable or legal and including declaratory relief 3 if substantial rights of the petitioner have been prejudiced 4 because the action is any of the following: 5 a. In violation of constitutional or statutory provisions. 6 b. In excess of the statutory authority of the board or the 7 adjudicator. 8 c. In violation of a board rule or policy or contract. 9 d. Made upon unlawful procedure. 10 e. Affected by other error of law. 11 f. Unsupported by a preponderance of the competent evidence 12 in the record made before the board and the adjudicator when 13 that record is viewed as a whole. 14 g. Unreasonable, arbitrary or capricious or characterized 15 by an abuse of discretion or a clearly unwarranted exercise of 16 discretion. 17 3. An aggrieved or adversely affected party to the judicial 18 review proceeding may obtain a review of any final judgment of 19 the district court by appeal to the supreme court. The appeal 20 shall be taken as in other civil cases, although the appeal may 21 be taken regardless of the amount involved. 22 4. For purposes of this section, unless the context 23 otherwise requires, “rejecting party” shall include but not be 24 limited to an instructor employed by a community college. 25 Sec. 36. Section 279.19, Code 2021, is amended by striking 26 the section and inserting in lieu thereof the following: 27 279.19 Probationary period. 28 1. The first three consecutive years of employment of 29 a teacher in the same school district are a probationary 30 period. However, if the teacher has successfully completed a 31 probationary period of employment for another school district 32 located in Iowa, the probationary period in the current 33 district of employment shall not exceed one year. A board of 34 directors may waive the probationary period for any teacher who 35 -23- LSB 1521XS (4) 89 je/rn 23/ 50
S.F. 141 previously has served a probationary period in another school 1 district and the board may extend the probationary period for 2 an additional year with the consent of the teacher. 3 2. a. In the case of the termination of a probationary 4 teacher’s contract, the provisions of sections 279.15 and 5 279.16 shall apply. However, if the probationary teacher is a 6 beginning teacher who fails to demonstrate competence in the 7 Iowa teaching standards in accordance with chapter 284, the 8 provisions of sections 279.17 and 279.18 shall also apply. 9 b. The board’s decision shall be final and binding unless 10 the termination was based upon an alleged violation of a 11 constitutionally guaranteed right of the teacher or an alleged 12 violation of public employee rights of the teacher under 13 section 20.10. 14 3. Notwithstanding any provision to the contrary, the 15 grievance procedures of section 20.18 relating to job 16 performance or job retention shall not apply to a teacher 17 during the first two years of the teacher’s probationary 18 period. However, this subsection shall not apply to a teacher 19 who has successfully completed a probationary period in a 20 school district in Iowa. 21 Sec. 37. Section 279.19A, subsections 1, 2, 7, and 8, Code 22 2021, are amended to read as follows: 23 1. School districts employing individuals to coach 24 interscholastic athletic sports shall issue a separate 25 extracurricular contract for each of these sports. An 26 extracurricular contract offered under this section shall be 27 separate from the contract issued under section 279.13 . Wages 28 for employees who coach these sports shall be paid pursuant 29 to established or negotiated supplemental pay schedules. 30 An extracurricular contract shall be in writing, and shall 31 state the number of contract days for that sport, the annual 32 compensation to be paid, and any other matters as may be 33 mutually agreed upon. The contract shall be for a single 34 school year. 35 -24- LSB 1521XS (4) 89 je/rn 24/ 50
S.F. 141 2. a. An extracurricular contract shall be continued 1 automatically in force and effect for equivalent periods, 2 except as modified or terminated by mutual agreement of 3 the board of directors and the employee, or terminated in 4 accordance with this section. An extracurricular contract 5 shall initially be offered by the employing board to an 6 individual on the same date that contracts are offered to 7 teachers under section 279.13. An extracurricular contract 8 may be terminated at the end of a school year pursuant to 9 sections 279.15 through 279.19. If the school district offers 10 an extracurricular contract for a sport for the subsequent 11 school year to an employee who is currently performing 12 under an extracurricular contract for that sport, and the 13 employee does not wish to accept the extracurricular contract 14 for the subsequent year, the employee may resign from the 15 extracurricular contract within twenty-one days after it has 16 been received. 17 b. If the provisions of an extracurricular contract executed 18 under this section conflict with a collective bargaining 19 agreement negotiated under chapter 20 and effective when the 20 extracurricular contract is executed or renewed, the provisions 21 of the collective bargaining agreement shall prevail Section 22 279.13, subsection 3, applies to this section . 23 7. An extracurricular contract may be terminated prior to 24 the expiration of that contract for any lawful reason following 25 an informal, private hearing before the board of directors 26 pursuant to section 279.27 . The decision of the board to 27 terminate an extracurricular contract shall be final. 28 8. a. A termination proceeding regarding an extracurricular 29 contract shall either by the board pursuant to subsection 2 or 30 pursuant to section 279.27 does not affect a contract issued 31 pursuant to section 279.13 . 32 b. A termination of a contract entered into pursuant to 33 section 279.13 , or a resignation from that contract by the 34 teacher, constitutes an automatic termination or resignation of 35 -25- LSB 1521XS (4) 89 je/rn 25/ 50
S.F. 141 the extracurricular contract in effect between the same teacher 1 and the employing school board. 2 Sec. 38. Section 279.23, subsection 1, paragraph c, Code 3 2021, is amended to read as follows: 4 c. The rate of compensation per week of five consecutive 5 days or month of four consecutive weeks . 6 Sec. 39. Section 279.23, subsection 5, Code 2021, is amended 7 to read as follows: 8 5. Notwithstanding the other provisions of this section , 9 a temporary contract may be issued to an administrator for 10 up to nine months. Notwithstanding the other provisions of 11 this section , a temporary contract may also be issued to 12 an administrator to fill a vacancy created by a leave of 13 absence in accordance with the provisions of section 29A.28 , 14 which contract shall automatically terminate upon return from 15 military leave of the former incumbent of the administrator 16 position . Temporary contracts and which contract shall not be 17 subject to the provisions of sections 279.24 and 279.25 . 18 Sec. 40. Section 279.24, subsections 2 and 4, Code 2021, are 19 amended to read as follows: 20 2. If the board of directors is considering termination of 21 an administrator’s contract, prior to any formal action, the 22 board may arrange to meet in closed session, in accordance with 23 the provisions of section 21.5 , with the administrator and the 24 administrator’s representative. The board shall review the 25 administrator’s evaluation, review the reasons for nonrenewal, 26 and give the administrator an opportunity to respond. If, 27 following the closed session, the board of directors and the 28 administrator are unable to mutually agree to a modification 29 or termination of the administrator’s contract, or the board 30 of directors may issue and the administrator are unable to 31 mutually agree to enter into a one-year , nonrenewable contract , 32 to the administrator. If the board of directors decides to 33 terminate the administrator’s contract, the board shall follow 34 the procedures in this section . 35 -26- LSB 1521XS (4) 89 je/rn 26/ 50
S.F. 141 4. Administrators employed in a school district for 1 less than three two consecutive years are probationary 2 administrators. However, a school board may waive the 3 probationary period for any administrator who has previously 4 served a probationary period in another school district and 5 the school board may extend the probationary period for an 6 additional year with the consent of the administrator. If a 7 school board determines that it should terminate a probationary 8 administrator’s contract, the school board shall notify the 9 administrator not later than May 15 that the contract will not 10 be renewed beyond the current year. The notice shall be in 11 writing by letter, personally delivered, or mailed by certified 12 mail. The notification shall be complete when received by the 13 administrator. Within ten days after receiving the notice, the 14 administrator may request a private conference with the school 15 board to discuss the reasons for termination. The school 16 board’s decision to terminate a probationary administrator’s 17 contract shall be final unless the termination was based upon 18 an alleged violation of a constitutionally guaranteed right of 19 the administrator. 20 Sec. 41. Section 279.24, subsection 5, paragraphs c, d, e, 21 f, g, and h, Code 2021, are amended to read as follows: 22 c. Within five days after receipt of the written notice 23 that the school board has voted to consider termination of 24 the contract, the administrator may request a private hearing 25 in writing to the secretary of the school board . The board 26 shall then forward that the notification be forwarded to the 27 board of educational examiners along with a request that the 28 board of educational examiners submit a list of five qualified 29 administrative law judges to the parties. Within three 30 days from receipt of the list the parties shall select an 31 administrative law judge by alternately removing a name from 32 the list until only one name remains. The person whose name 33 remains shall be the administrative law judge. The parties 34 shall determine by lot which party shall remove the first 35 -27- LSB 1521XS (4) 89 je/rn 27/ 50
S.F. 141 name from the list. The private hearing shall be held no 1 sooner than twenty ten days and not later than forty thirty 2 days following the administrator’s request unless the parties 3 otherwise agree. If the administrator does not request a 4 private hearing, the school board, not later than May 31, may 5 determine the continuance or discontinuance of the contract 6 and, if the board determines to continue the administrator’s 7 contract, whether to suspend the administrator with or without 8 pay for a period specified by the board. School board action 9 shall be by majority roll call vote entered on the minutes of 10 the meeting. Notice of school board action shall be personally 11 delivered or mailed to the administrator. 12 d. The administrative law judge selected shall notify 13 the secretary of the school board and the administrator in 14 writing concerning the date, time, and location of the private 15 hearing. The school board may be represented by a legal 16 representative, if any, and the administrator shall appear and 17 may be represented by counsel or by representative, if any. 18 Any witnesses for the parties at the private hearing shall be 19 sequestered. A transcript or recording shall be made of the 20 proceedings at the private hearing. A school board member or 21 administrator is not liable for any damage to an administrator 22 or school board member if a statement made at the private 23 hearing is determined to be erroneous as long as the statement 24 was made in good faith. 25 e. The administrative law judge shall, within ten days 26 following the date of the private hearing, make a proposed 27 decision as to whether or not the administrator should be 28 dismissed, and shall give a copy of the proposed decision to 29 the administrator and the school board. Findings of fact shall 30 be prepared by the administrative law judge. The proposed 31 decision of the administrative law judge shall become the final 32 decision of the school board unless within thirty ten days 33 after the filing of the decision the administrator files a 34 written notice of appeal with the school board, or the school 35 -28- LSB 1521XS (4) 89 je/rn 28/ 50
S.F. 141 board on its own motion determines to review the decision. 1 f. If the administrator appeals to the school board, or if 2 the school board determines on its own motion to review the 3 proposed decision of the administrative law judge, a private 4 hearing shall be held before the school board within ten five 5 days after the petition for review, or motion for review, has 6 been made or at such other time as the parties agree. The 7 private hearing is not subject to chapter 21 . The school board 8 may hear the case de novo upon the record as submitted before 9 the administrative law judge. In cases where there is an 10 appeal from a proposed decision or where a proposed decision 11 is reviewed on motion of the school board, an opportunity 12 shall be afforded to each party to file exceptions, present 13 briefs, and present oral arguments to the school board which 14 is to render the final decision. The secretary of the school 15 board shall give the administrator written notice of the time, 16 place, and date of the private hearing. The school board shall 17 meet within five days after the private hearing to determine 18 the question of continuance or discontinuance of the contract 19 and, if the board determines to continue the administrator’s 20 contract, whether to suspend the administrator with or 21 without pay for a period specified by the board or issue the 22 administrator a one-year, nonrenewable contract . The school 23 board shall make findings of fact which shall be based solely 24 on the evidence in the record and on matters officially noticed 25 in the record. 26 g. The decision of the school board shall be in writing 27 and shall include findings of fact and conclusions of law, 28 separately stated . Findings of fact, if set forth in statutory 29 language, shall be accompanied by a concise and explicit 30 statement of the underlying facts supporting the findings. 31 Each conclusion of law shall be supported by cited authority 32 or by reasoned opinion. 33 h. When the school board has reached a decision, opinion, 34 or conclusion, it shall convene in open meeting and by roll 35 -29- LSB 1521XS (4) 89 je/rn 29/ 50
S.F. 141 call vote determine the continuance or discontinuance of 1 the administrator’s contract and, if the board votes to 2 continue the administrator’s contract, whether to suspend the 3 administrator with or without pay for a period specified by 4 the board or issue the administrator a one-year, nonrenewable 5 contract . The record of the private hearing conference and 6 written decision of the board findings of fact and exceptions 7 shall be exempt from the provisions of chapter 22 . The 8 secretary of the school board shall immediately personally 9 deliver or mail notice of the school board’s action to the 10 administrator. 11 Sec. 42. Section 279.27, Code 2021, is amended to read as 12 follows: 13 279.27 Discharge of teacher. 14 1. A teacher may be discharged at any time during the 15 contract year for just cause. The superintendent or the 16 superintendent’s designee, shall notify the teacher immediately 17 that the superintendent will recommend in writing to the board 18 at a regular or special meeting of the board held not more 19 than fifteen days after notification has been given to the 20 teacher that the teacher’s continuing contract be terminated 21 effective immediately following a decision of the board. 22 The procedure for dismissal shall be as provided in section 23 279.15, subsection 2 , and sections 279.16 through 279.19 . The 24 superintendent may suspend a teacher under this section pending 25 hearing and determination by the board. 26 2. For purposes of this section , “just cause” includes 27 but is not limited to a violation of the code of professional 28 conduct and ethics of the board of educational examiners if 29 the board has taken disciplinary action against a teacher, 30 during the six months following issuance by the board of a 31 final written decision and finding of fact after a disciplinary 32 proceeding. 33 Sec. 43. Section 284.3, subsection 2, Code 2021, is amended 34 to read as follows: 35 -30- LSB 1521XS (4) 89 je/rn 30/ 50
S.F. 141 2. A school board shall provide for the following: 1 a. For purposes of comprehensive evaluations, standards 2 and criteria which measure a beginning teacher’s performance 3 against the Iowa teaching standards specified in subsection 1 , 4 and the criteria for the Iowa teaching standards developed by 5 the department in accordance with section 256.9, to determine 6 whether the teacher’s practice meets the requirements specified 7 for a career teacher. These standards and criteria shall be 8 set forth in an instrument provided by the department. The 9 comprehensive evaluation and instrument are not subject to 10 negotiations or grievance procedures pursuant to chapter 20 or 11 determinations made by the board of directors under section 12 279.14 . A local school board and its certified bargaining 13 representative may negotiate, pursuant to chapter 20, 14 evaluation and grievance procedures for beginning teachers that 15 are not in conflict with this chapter. If, in accordance with 16 section 279.19, a beginning teacher appeals the determination 17 of a school board to an adjudicator under section 279.17, the 18 adjudicator selected shall have successfully completed training 19 related to the Iowa teacher standards, the criteria adopted 20 by the state board in accordance with subsection 3, and any 21 additional training required under rules adopted by the public 22 employment relations board in cooperation with the state board. 23 b. For purposes of performance reviews for teachers other 24 than beginning teachers, evaluations that contain, at a 25 minimum, the Iowa teaching standards specified in subsection 26 1 , as well as the criteria for the Iowa teaching standards 27 developed by the department in accordance with section 28 256.9, subsection 42 . A local school board and its certified 29 bargaining representative may negotiate, pursuant to chapter 30 20, additional teaching standards and criteria. A local 31 school board and its certified bargaining representative shall 32 negotiate, pursuant to chapter 20, evaluation and grievance 33 procedures for teachers other than beginning teachers that are 34 not in conflict with this chapter. 35 -31- LSB 1521XS (4) 89 je/rn 31/ 50
S.F. 141 Sec. 44. Section 284.4, subsection 1, paragraph b, 1 subparagraphs (2) and (5), Code 2021, are amended to read as 2 follows: 3 (2) Monitor the evaluation requirements of this chapter 4 to ensure evaluations are conducted in a fair and consistent 5 manner throughout the school district or agency. The committee 6 shall In addition to any negotiated evaluation procedures, 7 develop model evidence for the Iowa teaching standards and 8 criteria. The model evidence will minimize paperwork and focus 9 on teacher improvement. The model evidence will determine 10 which standards and criteria can be met with observation and 11 which evidence meets multiple standards and criteria. 12 (5) Determine Ensure the agreement negotiated pursuant to 13 chapter 20 determines the compensation for teachers on the 14 committee for work responsibilities required beyond the normal 15 work day. 16 Sec. 45. Section 284.8, subsections 2 and 3, Code 2021, are 17 amended to read as follows: 18 2. If a supervisor or an evaluator determines, at any time, 19 as a result of a teacher’s performance that the teacher is not 20 meeting district expectations under the Iowa teaching standards 21 specified in section 284.3, subsection 1 , paragraphs “a” 22 through “h” , and the criteria for the Iowa teaching standards 23 developed by the department in accordance with section 256.9, 24 subsection 42 , and any other standards or criteria established 25 in the collective bargaining agreement, the evaluator shall, 26 at the direction of the teacher’s supervisor, recommend to 27 the district that the teacher participate in an intensive 28 assistance program. The intensive assistance program and its 29 implementation are not subject to negotiation and grievance 30 procedures established pursuant to chapter 20 . All school 31 districts shall be prepared to offer an intensive assistance 32 program. 33 3. A teacher who is not meeting the applicable standards and 34 criteria based on a determination made pursuant to subsection 2 35 -32- LSB 1521XS (4) 89 je/rn 32/ 50
S.F. 141 shall participate in an intensive assistance program. However, 1 a teacher who has previously participated in an intensive 2 assistance program relating to particular Iowa teaching 3 standards or criteria shall not be entitled to participate 4 in another intensive assistance program relating to the same 5 standards or criteria and shall be subject to the provisions of 6 subsection 4 . 7 Sec. 46. Section 284.8, Code 2021, is amended by adding the 8 following new subsection: 9 NEW SUBSECTION . 2A. If a teacher is denied advancement 10 to the career II or advanced teacher level based upon a 11 performance review, the teacher may appeal the decision to an 12 adjudicator under the process established under section 279.17. 13 However, the decision of the adjudicator is final. 14 Sec. 47. Section 284.8, subsection 4, Code 2021, is amended 15 by striking the subsection. 16 Sec. 48. EFFECTIVE DATE. This division of this Act, being 17 deemed of immediate importance, takes effect upon enactment. 18 Sec. 49. APPLICABILITY. This division of this Act applies 19 to employment contracts of school employees entered into 20 pursuant to chapter 279 on and after the effective date of 21 this division of this Act. This division of this Act does 22 not apply to collective bargaining agreements which have been 23 ratified in a ratification election referred to in section 24 20.17, subsection 4, for which an arbitrator has made a final 25 determination as described in section 20.22, subsection 11, 26 or which have become effective, where such events occurred 27 before the effective date of this division of this Act. This 28 division of this Act applies to all collective bargaining 29 procedures provided for in chapter 20 occurring on and after 30 the effective date of this division of this Act and collective 31 bargaining agreements pursuant to chapter 20 for which a 32 ratification election referred to in section 20.17, subsection 33 4, is held, for which an arbitrator makes a final determination 34 as described in section 20.22, subsection 11, or which become 35 -33- LSB 1521XS (4) 89 je/rn 33/ 50
S.F. 141 effective on or after the effective date of this division of 1 this Act. 2 DIVISION III 3 CITY CIVIL SERVICE REQUIREMENTS 4 Sec. 50. Section 400.12, subsection 4, Code 2021, is amended 5 by striking the subsection. 6 Sec. 51. Section 400.17, subsection 4, Code 2021, is amended 7 to read as follows: 8 4. A person shall not be appointed, denied appointment, 9 promoted, removed, discharged, suspended, or demoted to or 10 from a civil service position or in any other way favored or 11 discriminated against in that position because of political 12 or religious opinions or affiliations, race, national origin, 13 sex, or age, or in retaliation for the exercise of any right 14 enumerated in this chapter . However, the maximum age for a 15 police officer or fire fighter covered by this chapter and 16 employed for police duty or the duty of fighting fires is 17 sixty-five years of age. 18 Sec. 52. Section 400.18, Code 2021, is amended by striking 19 the section and inserting in lieu thereof the following: 20 400.18 Removal, demotion, or suspension. 21 1. A person holding civil service rights as provided in 22 this chapter shall not be removed, demoted, or suspended 23 arbitrarily, except as otherwise provided in this chapter, but 24 may be removed, demoted, or suspended after a hearing by a 25 majority vote of the civil service commission, for neglect of 26 duty, disobedience, misconduct, or failure to properly perform 27 the person’s duties. 28 2. The party alleging neglect of duty, disobedience, 29 misconduct, or failure to properly perform a duty shall have 30 the burden of proof. 31 3. A person subject to a hearing has the right to be 32 represented by counsel at the person’s expense or by the 33 person’s authorized collective bargaining representative. 34 Sec. 53. Section 400.19, Code 2021, is amended to read as 35 -34- LSB 1521XS (4) 89 je/rn 34/ 50
S.F. 141 follows: 1 400.19 Removal , or discharge , demotion, or suspension of 2 subordinates. 3 The person having the appointing power as provided in 4 this chapter , or the chief of police or chief of the fire 5 department, may , upon presentation of grounds for such action 6 to the subordinate in writing, peremptorily remove, discharge, 7 demote, or suspend , demote, or discharge a subordinate then 8 under the person’s or chief’s direction due to any act or 9 failure to act by the employee that is in contravention of law, 10 city policies, or standard operating procedures, or that in 11 the judgment of the person or chief is sufficient to show that 12 the employee is unsuitable or unfit for employment for neglect 13 of duty, disobedience of orders, misconduct, or failure to 14 properly perform the subordinate’s duties . 15 Sec. 54. Section 400.20, Code 2021, is amended to read as 16 follows: 17 400.20 Appeal. 18 The removal, discharge suspension , demotion, or suspension 19 discharge of a person holding civil service rights may be 20 appealed to the civil service commission within fourteen 21 calendar days after the removal, discharge suspension , 22 demotion, or suspension discharge . 23 Sec. 55. Section 400.21, Code 2021, is amended to read as 24 follows: 25 400.21 Notice of appeal. 26 If the appeal be taken by the person removed, discharged 27 suspended , demoted, or suspended discharged , notice of the 28 appeal, signed by the appellant and specifying the ruling 29 appealed from, shall be filed with the clerk of the commission. 30 If the appeal is taken by the person making such removal, 31 discharge suspension , demotion, or suspension discharge , such 32 notice shall also be served upon the person removed, discharged 33 suspended , demoted, or suspended discharged . 34 Sec. 56. Section 400.22, Code 2021, is amended to read as 35 -35- LSB 1521XS (4) 89 je/rn 35/ 50
S.F. 141 follows: 1 400.22 Charges. 2 Within fourteen calendar days from the service of the notice 3 of appeal, the person or body making the ruling appealed 4 from shall file with the body to which the appeal is taken a 5 written specification of the charges and grounds upon which the 6 ruling was based. If the charges are not filed, the person 7 removed, suspended or discharged , demoted, or suspended may 8 present the matter to the body to whom the appeal is to be 9 taken by affidavit, setting forth the facts, and the body to 10 whom the appeal is to be taken shall immediately enter an 11 order reinstating the person removed, suspended or discharged , 12 demoted, or suspended for want of prosecution. 13 Sec. 57. Section 400.27, subsection 3, Code 2021, is amended 14 to read as follows: 15 3. The city or any civil service employee shall have a 16 right to appeal to the district court from the final ruling or 17 decision of the civil service commission. The appeal shall be 18 taken within thirty days from the filing of the formal decision 19 of the commission. The district court of the county in which 20 the city is located shall have full jurisdiction of the appeal. 21 The scope of review for the appeal shall be limited to de novo 22 appellate review without a trial or additional evidence The 23 appeal shall be a trial de novo as an equitable action in the 24 district court . 25 Sec. 58. Section 400.28, Code 2021, is amended by striking 26 the section and inserting in lieu thereof the following: 27 400.28 Employees —— number diminished. 28 1. When the public interest requires a diminution of 29 employees in a classification or grade under civil service, 30 the city council, acting in good faith, may do either of the 31 following: 32 a. Abolish the office and remove the employee from the 33 employee’s classification or grade thereunder. 34 b. Reduce the number of employees in any classification or 35 -36- LSB 1521XS (4) 89 je/rn 36/ 50
S.F. 141 grade by suspending the necessary number. 1 2. In case it thus becomes necessary to so remove or suspend 2 any such employees, the persons so removed or suspended shall 3 be those having seniority of the shortest duration in the 4 classifications or grades affected, and such seniority shall be 5 computed as provided in section 400.12 for all persons holding 6 seniority in the classification or grade affected, regardless 7 of their seniority in any other classification or grade, but 8 any such employee so removed from any classification or grade 9 shall revert to the employee’s seniority in the next lower 10 grade or classification; if such seniority is equal, then the 11 one less efficient and competent as determined by the person or 12 body having the appointing power shall be the one affected. 13 3. In case of removal or suspension, the civil service 14 commission shall issue to each person affected one certificate 15 showing the person’s comparative seniority or length of service 16 in each of the classifications or grades from which the person 17 is so removed and the fact that the person has been honorably 18 removed. The certificate shall also list each classification 19 or grade in which the person was previously employed. The 20 person’s name shall be carried for a period of not less than 21 three years after the suspension or removal on a preferred list 22 and appointments or promotions made during that period to the 23 person’s former duties in the classification or grade shall 24 be made in the order of greater seniority from the preferred 25 lists. 26 Sec. 59. SENIORITY RIGHTS REESTABLISHED. The seniority 27 rights of any civil service employee extinguished pursuant 28 to section 400.12, subsection 4, Code 2021, are hereby 29 reestablished, including accrual of seniority during the period 30 of extinguishment. 31 Sec. 60. EFFECTIVE DATE. This division of this Act, being 32 deemed of immediate importance, takes effect upon enactment. 33 Sec. 61. APPLICABILITY. This division of this Act applies 34 to employment actions taken on or after the effective date of 35 -37- LSB 1521XS (4) 89 je/rn 37/ 50
S.F. 141 this division of this Act. 1 EXPLANATION 2 The inclusion of this explanation does not constitute agreement with 3 the explanation’s substance by the members of the general assembly. 4 This bill relates to employment matters involving public 5 employees including collective bargaining, educator employment 6 matters, and city civil service requirements. The bill 7 generally strikes statutory changes made by 2017 Iowa Acts, 8 House File 291, and restores statutory language in effect prior 9 to the enactment of 2017 Iowa Acts, House File 291. 10 DIVISION I —— PUBLIC EMPLOYEE COLLECTIVE BARGAINING. 11 This division makes a variety of changes to Code chapter 12 20, the public employment relations Act, as well as other 13 Code provisions relating to collective bargaining by public 14 employees. 15 ELIMINATION OF PUBLIC SAFETY AND TRANSIT EMPLOYEE 16 CATEGORIES. The division eliminates public safety employees 17 and transit employees as separate categories of employees for 18 the purposes of public employee collective bargaining, making 19 affected provisions of Code chapter 20 applicable to all public 20 employees governed by Code chapter 20. 21 SCOPE OF NEGOTIATIONS. The division makes changes to 22 subjects which are negotiated through collective bargaining 23 between public employers and public employees under Code 24 section 20.9. 25 The division provides that the scope of negotiations for all 26 public employees shall include but not be limited to wages, 27 hours, vacations, insurance, holidays, leaves of absence, 28 shift differentials, overtime compensation, supplemental pay, 29 seniority, transfer procedures, job classifications, health and 30 safety matters, evaluation procedures, procedures for staff 31 reduction, in-service training, preparation time, class size, 32 discipline and discharge, work uniforms and equipment and 33 other required work clothing and equipment, staffing levels, 34 retirement systems not otherwise excluded, dues checkoff, 35 -38- LSB 1521XS (4) 89 je/rn 38/ 50
S.F. 141 grievance procedures for resolving any questions arising under 1 the agreement, and other terms and conditions of employment not 2 otherwise excluded. 3 The division provides that all retirement systems 4 established by statute except for pension and annuity 5 retirement systems established under Code chapter 412 and 6 except for supplemental and additional retirement benefits 7 shall be excluded under the scope of negotiations. The 8 division provides that discharge for teachers who are employed 9 pursuant to Code chapter 279 shall be excluded under the scope 10 of negotiations. 11 The division strikes language providing that mandatory 12 subjects of negotiation under Code section 20.9 shall be 13 interpreted narrowly and restrictively. The division strikes 14 language limiting the term of a collective bargaining agreement 15 entered into pursuant to Code chapter 20 to a maximum of five 16 years. 17 ARBITRATION PROCEDURES. The division makes changes to the 18 procedures for arbitration of impasses in collective bargaining 19 between public employers and public employees under Code 20 section 20.22. 21 The division modifies the factors that an arbitrator is 22 required to consider in addition to any other relevant factors 23 in making a final determination on an impasse item. The 24 division requires an arbitrator to consider past collective 25 bargaining contracts between the parties including the 26 bargaining that led up to such contracts; comparison of wages, 27 hours, and conditions of employment of the involved public 28 employees with those of other public employees doing comparable 29 work, giving consideration to factors peculiar to the area and 30 the classifications involved; the interests and welfare of the 31 public, the ability of the public employer to finance economic 32 adjustments, and the effect of such adjustments on the normal 33 standard of services; and the power of the public employer 34 to levy taxes and appropriate funds for the conduct of its 35 -39- LSB 1521XS (4) 89 je/rn 39/ 50
S.F. 141 operations. 1 The division strikes language permitting the parties to 2 agree to change the four-day deadline to serve final offers on 3 impasse items after a request for arbitration is received. 4 The division strikes language prohibiting the parties to an 5 arbitration from introducing, and the arbitrator from accepting 6 or considering, any direct or indirect evidence regarding any 7 subject excluded from negotiations pursuant to Code section 8 20.9. 9 The division strikes language providing for a maximum 10 increase in base wages in an arbitrator’s award. 11 PUBLIC EMPLOYEE ELECTIONS. The division makes changes to 12 public employee elections conducted pursuant to Code section 13 20.15. 14 The division strikes language providing for retention and 15 recertification elections and requires the public employment 16 relations board (PERB) to cancel any such elections scheduled 17 or in process. The division requires the PERB to consider a 18 petition for certification of an employee organization as the 19 exclusive representative of a bargaining unit for which an 20 employee organization was not retained and recertified as the 21 exclusive representative of that bargaining unit regardless of 22 the amount of time that has elapsed since the retention and 23 recertification election, notwithstanding prior requirements 24 prohibiting such consideration for two years. 25 The division provides that the outcome of a certification 26 or decertification election is determined by a majority vote 27 of the members of the bargaining unit voting, rather than the 28 total membership of the bargaining unit. The division provides 29 for a runoff election if none of the choices on the ballot in a 30 certification election receives a majority vote of the members 31 of the bargaining unit voting. 32 The division lowers the required percentage of support 33 from employees in a bargaining unit required for an employee 34 organization that did not submit a petition for certification 35 -40- LSB 1521XS (4) 89 je/rn 40/ 50
S.F. 141 as the exclusive bargaining representative of a bargaining unit 1 to be listed on the ballot for a certification election from 30 2 percent to 10 percent. 3 The division strikes language prohibiting the PERB from 4 considering a petition for certification as the exclusive 5 bargaining representative of a bargaining unit unless a 6 period of two years has elapsed from the date of the last 7 certification election in which an employee organization 8 was not certified as the exclusive representative of that 9 bargaining unit or of the last decertification election in 10 which an employee organization was decertified as the exclusive 11 representative of that bargaining unit. The division prohibits 12 the PERB from considering a petition for certification as the 13 exclusive bargaining representative of a bargaining unit for 14 one year after the employee organization is not certified in a 15 certification election. The division makes additional changes 16 relating to the scheduling of decertification elections. 17 EMPLOYEE ORGANIZATION DUES. The division strikes a 18 prohibition on public entities authorizing or administering 19 a deduction from the salaries or wages of its employees for 20 membership dues to an employee organization. The division 21 provides procedures for administering such dues deductions. 22 PERB DUTIES. The division provides that the PERB may 23 interpret and apply, as well as administer, Code chapter 20. 24 The division strikes language permitting the PERB to 25 appoint a certified shorthand reporter to report state employee 26 grievance and discipline resolution proceedings, to contract 27 with a vendor to conduct elections, to establish fees to cover 28 the cost of elections, and to retain certain funds collected by 29 the PERB as repayment receipts. 30 STATEWIDE COLLECTIVE BARGAINING AGREEMENTS FOLLOWING A 31 GUBERNATORIAL ELECTION YEAR. The division strikes language 32 providing for modified collective bargaining procedures for a 33 proposed, statewide collective bargaining agreement to become 34 effective in the year following a general election in which the 35 -41- LSB 1521XS (4) 89 je/rn 41/ 50
S.F. 141 governor and certain other elected officials are elected. 1 CONFIDENTIAL RECORDS. The division strikes language 2 providing that certain information relating to elections 3 conducted by the PERB is a confidential record under Code 4 chapter 22, the state open records law. 5 MISCELLANEOUS PROVISIONS RELATING TO PUBLIC EMPLOYEE 6 COLLECTIVE BARGAINING. The division strikes a definition of 7 “supplemental pay”. 8 The division strikes language providing that a public 9 employer has the right to evaluate public employees in 10 positions within the public agency. The division strikes 11 language providing that a public employee has the right under 12 Code section 20.8 to exercise any right or seek any remedy 13 provided by law, including but not limited to Code sections 14 70A.28 and 70A.29, Code chapter 8A, subchapter IV, and Code 15 chapters 216 and 400. 16 The division transfers language in Code section 20.10 17 prohibiting a public employee or any employee organization 18 from negotiating or attempting to negotiate directly with a 19 member of the governing board of a public employer if the 20 public employer has appointed or authorized a bargaining 21 representative for the purpose of bargaining with the public 22 employees or their representative to Code section 20.17. 23 The division decreases the amount of time before an employee 24 organization decertified as the exclusive representative of a 25 bargaining unit for violating an injunction against an unlawful 26 strike can be certified again from 24 months to 12 months. 27 The division strikes language prohibiting voluntary 28 contributions by individuals to political parties or candidates 29 through payroll deductions. 30 The division strikes a requirement that a copy of a final 31 collective bargaining agreement be filed with the PERB by 32 the public employer within 10 days of the agreement being 33 entered into. The division strikes a requirement that the 34 PERB maintain an internet site that allows searchable access 35 -42- LSB 1521XS (4) 89 je/rn 42/ 50
S.F. 141 to a database of collective bargaining agreements and other 1 collective bargaining information. 2 The division changes the period before retirement for a 3 prohibited voluntary reduction to a nonsupervisory rank or 4 grade by a supervisor and related ineligibility for benefits 5 from 36 months to six months. 6 The division strikes language providing that a mediator 7 shall not be required to testify in any arbitration proceeding 8 regarding any matters occurring in the course of a mediation. 9 The division requires a council, board of waterworks, or 10 other board or commission which establishes a pension and 11 annuity retirement system pursuant to Code chapter 412 to 12 negotiate in good faith with a certified employee organization 13 which is the collective bargaining representative of the 14 employees, with respect to the amount or rate of the assessment 15 on the wages and salaries of employees and the method or 16 methods for payment of the assessment by the employees. 17 The division makes additional conforming changes. 18 TRANSITION PROVISIONS —— DEADLINE. The division requires 19 parties, mediators, and arbitrators engaging in any collective 20 bargaining procedures provided for in Code chapter 20, Code 21 2021, who have not, before the effective date of the division, 22 completed such procedures, to immediately terminate any such 23 procedures in process as of the effective date of the division. 24 The division provides that a collective bargaining agreement 25 negotiated pursuant to such procedures in process shall not 26 become effective. The division prohibits parties, mediators, 27 and arbitrators from engaging in further collective bargaining 28 procedures except as provided in the division. The division 29 requires such parties to commence collective bargaining in 30 accordance with Code section 20.17, as amended by the division. 31 The division requires such parties to complete such bargaining 32 not later than June 30, 2021, unless the parties mutually agree 33 to a different deadline. 34 The division requires the PERB to adopt emergency rules to 35 -43- LSB 1521XS (4) 89 je/rn 43/ 50
S.F. 141 implement these requirements. The division also requires the 1 department of administrative services to adopt emergency rules 2 to implement the provisions of the division relating to dues 3 deductions. 4 EFFECTIVE DATE AND APPLICABILITY PROVISIONS. The division 5 takes effect upon enactment. 6 With the exception of the section of the division amending 7 Code section 20.6, subsection 1, the division does not apply 8 to collective bargaining agreements which have been ratified 9 in a ratification election, for which an arbitrator has made 10 a final determination, or which have become effective, where 11 such events occurred before the effective date of the division. 12 The division applies to all collective bargaining procedures 13 provided for in Code chapter 20 occurring on and after the 14 effective date of the division and collective bargaining 15 agreements for which a ratification election is held, for which 16 an arbitrator makes a final determination, or which become 17 effective on or after the effective date of the division. 18 DIVISION II —— EDUCATOR EMPLOYMENT MATTERS. This division 19 makes a variety of changes relating to educator employment 20 matters. 21 TERMINATION OF TEACHER EMPLOYMENT CONTRACTS. The division 22 makes various changes relating to the termination of teacher 23 employment contracts. 24 The division shortens various procedural deadlines 25 regarding private hearings held after a superintendent 26 recommends termination of a teacher’s employment contract. 27 The division makes participation in such a private hearing 28 by the superintendent, the superintendent’s designated 29 representatives, the teacher’s immediate supervisor, the 30 teacher, and the teacher’s representatives mandatory on the 31 part of those individuals instead of discretionary. The 32 division requires that the school board employ a certified 33 shorthand reporter to keep a record of a private hearing. 34 The division requires the school board to issue subpoenas 35 -44- LSB 1521XS (4) 89 je/rn 44/ 50
S.F. 141 for witnesses and evidence on behalf of the board and the 1 teacher. The division provides for a judicial remedy if a 2 witness appears and refuses to testify or to produce required 3 books or papers at a private hearing. The division authorizes 4 the superintendent and the teacher to file written briefs and 5 arguments with the board at the conclusion of the private 6 hearing. The division provides deadlines for determining 7 the status of the teacher’s contract if the teacher does not 8 request a private hearing. The division requires that the 9 decision of the board include findings of fact and conclusions 10 of law. The division strikes language authorizing a school 11 board which votes to continue a teacher’s contract to issue 12 the teacher a one-year, nonrenewable contract. The division 13 permits a teacher to appeal the board’s determination to an 14 adjudicator and provides procedures for such appeals. 15 TEACHER PROBATIONARY PERIODS. The division makes various 16 changes relating to probationary employment of teachers. 17 The division decreases from two years to one year the 18 length of a teacher’s probationary employment period in a 19 school district if the teacher has successfully completed a 20 probationary period of employment for another school district 21 located in Iowa. 22 The division provides that requirements for notices of 23 termination, private hearings, and appeals applicable to 24 nonprobationary teachers whose employment contracts are 25 terminated are applicable to probationary teachers whose 26 employment contracts are terminated. The division strikes 27 alternative procedures for the termination of employment 28 contracts of such probationary teachers, including notification 29 procedures and the opportunity to request a private conference 30 with the school board. 31 EXTRACURRICULAR INTERSCHOLASTIC ATHLETIC COACH CONTRACTS. 32 The division makes various changes relating to extracurricular 33 interscholastic athletic coach employment contracts. 34 The division provides that wages for such coaches shall be 35 -45- LSB 1521XS (4) 89 je/rn 45/ 50
S.F. 141 paid pursuant to established or negotiated supplemental pay 1 schedules. The division provides that employment contracts 2 of such coaches shall be continued automatically in force and 3 effect for equivalent periods and that the termination of such 4 contracts follows procedures similar to those used for teacher 5 contracts. The division strikes language providing that 6 employment contracts of such coaches may be terminated prior to 7 their expiration for any lawful reason following an informal, 8 private hearing before the school board. The division strikes 9 language providing that the decision of the school board to 10 terminate such a contract is final. 11 SCHOOL ADMINISTRATOR EMPLOYMENT MATTERS. The division makes 12 various changes relating to school administrator employment 13 matters. 14 The division provides that the rate of compensation in an 15 administrator’s employment contract must be on a weekly or 16 monthly basis. 17 The division strikes language authorizing a school board to 18 issue a temporary employment contract to an administrator for 19 a period of up to nine months. 20 The division strikes language authorizing a school board to 21 issue a one-year, nonrenewable employment contract and instead 22 authorizes a school board considering the termination of an 23 administrator’s contract and the administrator to mutually 24 agree to enter into such a contract. 25 The division decreases the probationary employment period 26 for administrators from three years to two years and authorizes 27 a school board to waive the probationary period for an 28 administrator who previously served a probationary period in 29 another school district. 30 The division strikes language providing that a hearing 31 before an administrative law judge requested by an 32 administrator whose employment contract a school board is 33 considering terminating shall be a private hearing. The 34 division reduces certain procedural deadlines relating to such 35 -46- LSB 1521XS (4) 89 je/rn 46/ 50
S.F. 141 hearings. The division strikes language providing that any 1 witnesses for the parties at the hearing shall be sequestered. 2 The division requires that the decision of the board include 3 findings of fact and conclusions of law. The division strikes 4 language authorizing a school board which votes to continue an 5 administrator’s contract to issue the administrator a one-year, 6 nonrenewable contract. 7 INTENSIVE ASSISTANCE PROGRAMS. The division makes various 8 changes relating to intensive assistance programs. 9 The division strikes language providing that a teacher who 10 has previously participated in an intensive assistance program 11 relating to particular Iowa teaching standards or criteria 12 shall not be entitled to participate in another intensive 13 assistance program relating to the same standards or criteria. 14 The division strikes language providing that following a 15 teacher’s participation in an intensive assistance program, the 16 teacher shall be reevaluated to determine whether the teacher 17 successfully completed the intensive assistance program and 18 is meeting district expectations under the applicable Iowa 19 teaching standards or criteria. The division strikes language 20 providing that if the teacher did not successfully complete 21 the intensive assistance program or continues not to meet the 22 applicable Iowa teaching standards or criteria, the board may 23 initiate procedures to terminate the teacher’s employment 24 contract immediately or at the end of the school year or may 25 continue the teacher’s contract for a period not to exceed one 26 year on a nonrenewable basis and without the right to a private 27 hearing. 28 MISCELLANEOUS PROVISIONS RELATING TO EDUCATOR EMPLOYMENT 29 MATTERS. The division strikes language authorizing a school 30 board to issue a temporary employment contract to a teacher for 31 a period of up to six months. 32 The division strikes language providing that just cause 33 for which a teacher may be discharged at any time during the 34 contract year under Code section 279.27 includes but is not 35 -47- LSB 1521XS (4) 89 je/rn 47/ 50
S.F. 141 limited to a violation of the code of professional conduct 1 and ethics of the board of educational examiners if the board 2 has taken disciplinary action against a teacher during the 3 six months following issuance by the board of a final written 4 decision and finding of fact after a disciplinary proceeding. 5 The division either authorizes or requires a school board 6 and its certified bargaining representative to negotiate 7 various matters pursuant to Code chapter 20. 8 The division makes additional conforming changes. 9 EFFECTIVE DATE AND APPLICABILITY PROVISIONS. The division 10 takes effect upon enactment. 11 The division applies to employment contracts of school 12 employees entered into pursuant to Code chapter 279 on and 13 after the effective date of the division. The division does 14 not apply to collective bargaining agreements pursuant to Code 15 chapter 20 which have been ratified in a ratification election, 16 for which an arbitrator has made a final determination, or 17 which have become effective, where such events occurred before 18 the effective date of the division. The division applies to 19 all collective bargaining procedures provided for in Code 20 chapter 20 occurring on and after the effective date of the 21 division and collective bargaining agreements pursuant to Code 22 chapter 20 for which a ratification election is held, for which 23 an arbitrator makes a final determination, or which become 24 effective on or after the effective date of the division. 25 DIVISION III —— CITY CIVIL SERVICE REQUIREMENTS. This 26 division makes a variety of changes relating to city civil 27 service requirements under Code chapter 400. 28 SENIORITY RIGHTS. The division strikes language permitting 29 a city council to extinguish statutory seniority rights of 30 all city civil service employees who are not employed or 31 appointed as a fire fighter or police officer, fire chief or 32 police chief, or assistant fire chief or assistant police 33 chief, unless otherwise provided in a collective bargaining 34 agreement. The division reestablishes any such rights so 35 -48- LSB 1521XS (4) 89 je/rn 48/ 50
S.F. 141 extinguished, including accrual of seniority during the period 1 of extinguishment. 2 ADVERSE EMPLOYMENT ACTIONS —— GROUNDS AND PROCEDURES. The 3 division provides that adverse employment action may be taken 4 against a city civil service employee for neglect of duty, 5 disobedience, misconduct, or failure to properly perform the 6 person’s duties. The division strikes language permitting such 7 action to be taken due to any act or failure to act by the 8 employee that is in contravention of law, city policies, or 9 standard operating procedures, or that in the judgment of the 10 person having appointing power for the employee, or the chief 11 of police or chief of the fire department, is sufficient to 12 show that the employee is unsuitable or unfit for employment. 13 The division strikes language providing that the scope of 14 review for an appeal to district court from a civil service 15 commission shall be limited to de novo appellate review without 16 a trial or additional evidence, instead providing that the 17 appeal shall be a trial de novo as an equitable action. 18 DIMINUTION OF EMPLOYEES. The division provides that a 19 diminution of city employees by a city council can only be 20 implemented when the public interest requires. The division 21 permits a diminution to be carried out either by abolishing 22 an office and removing the employee from the employee’s 23 classification or grade thereunder, or reducing the number of 24 employees in any classification or grade by suspending the 25 necessary number. The division provides for such removal to be 26 carried out based on seniority and requires that employees so 27 removed be placed on a preferred list for at least three years 28 for purposes of appointments or promotions made during that 29 period to the person’s former duties. 30 MISCELLANEOUS PROVISIONS. The division makes changes in 31 terminology relating to adverse employment actions for city 32 civil service employees. 33 The division makes additional conforming changes. 34 EFFECTIVE DATE AND APPLICABILITY PROVISIONS. The division 35 -49- LSB 1521XS (4) 89 je/rn 49/ 50
S.F. 141 takes effect upon enactment. 1 The division applies to employment actions taken on or after 2 the effective date of the division. 3 -50- LSB 1521XS (4) 89 je/rn 50/ 50
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