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