Bill Text: IA SF213 | 2017-2018 | 87th General Assembly | Introduced


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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2017-02-16 - Withdrawn. S.J. 345. [SF213 Detail]

Download: Iowa-2017-SF213-Introduced.html

Senate File 213 - Introduced




                                 SENATE FILE       
                                 BY  SCHULTZ

                                      A BILL FOR

  1 An Act relating to employment matters involving public
  2    employees including collective bargaining, educator
  3    employment matters, personnel records and settlement
  4    agreements, city civil service requirements, and health
  5    insurance matters, making penalties applicable, and
  6    including effective date, applicability, and transition
  7    provisions.
  8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 1725XS (2) 87
    je/rj

PAG LIN



  1  1                           DIVISION I
  1  2              PUBLIC EMPLOYEE COLLECTIVE BARGAINING
  1  3    Section 1.  Section 20.3, Code 2017, is amended by adding the
  1  4 following new subsections:
  1  5    NEW SUBSECTION.  10A.  "Public safety employee" means a
  1  6 public employee who is employed as one of the following:
  1  7    a.  A sheriff or a sheriff's regular deputy.
  1  8    b.  A marshal or police officer of a city, township, or
  1  9 special=purpose district or authority who is a member of a paid
  1 10 police department.
  1 11    c.  A member, except a non=peace officer member, of the
  1 12 division of state patrol, narcotics enforcement, state fire
  1 13 marshal, or criminal investigation, including but not limited
  1 14 to a gaming enforcement officer, who has been duly appointed
  1 15 by the department of public safety in accordance with section
  1 16 80.15.
  1 17    d.  A conservation officer or park ranger as authorized by
  1 18 section 456A.13.
  1 19    e.  A permanent or full=time fire fighter of a city,
  1 20 township, or special=purpose district or authority who is a
  1 21 member of a paid fire department.
  1 22    NEW SUBSECTION.  12.  "Supplemental pay" means a payment
  1 23 of moneys or other thing of value that is in addition to
  1 24 compensation received pursuant to any other permitted subject
  1 25 of negotiation specified in section 20.9 and is related to the
  1 26 employment relationship.
  1 27    Sec. 2.  Section 20.6, subsection 1, Code 2017, is amended
  1 28 to read as follows:
  1 29    1.  Interpret, apply, and administer Administer the
  1 30 provisions of this chapter.
  1 31    Sec. 3.  Section 20.6, Code 2017, is amended by adding the
  1 32 following new subsections:
  1 33    NEW SUBSECTION.  6.  Appoint a certified shorthand reporter
  1 34 to report state employee grievance and discipline resolution
  1 35 proceedings pursuant to section 8A.415 and fix a reasonable
  2  1 amount of compensation for such service and for any transcript
  2  2 requested by the board, which amounts shall be taxed as other
  2  3 costs.
  2  4    NEW SUBSECTION.  7.  Contract with a vendor as the board may
  2  5 deem necessary to conduct elections required by section 20.15
  2  6 on behalf of the board. The board shall establish fees by rule
  2  7 pursuant to chapter 17A to cover the cost of elections required
  2  8 by section 20.15. Such fees shall be paid in advance of an
  2  9 election and shall be paid by each employee organization listed
  2 10 on the ballot.
  2 11    Sec. 4.  Section 20.7, subsections 2 and 3, Code 2017, are
  2 12 amended to read as follows:
  2 13    2.  Hire, evaluate, promote, demote, transfer, assign and
  2 14 retain public employees in positions within the public agency.
  2 15    3.  Suspend or discharge public employees for proper cause.
  2 16    Sec. 5.  Section 20.8, Code 2017, is amended by adding the
  2 17 following new subsection:
  2 18    NEW SUBSECTION.  5.  Exercise any right or seek any remedy
  2 19 provided by law, including but not limited to those rights and
  2 20 remedies available under sections 70A.28 and 70A.29, chapter
  2 21 8A, subchapter IV, and chapters 216 and 400.
  2 22    Sec. 6.  Section 20.9, Code 2017, is amended to read as
  2 23 follows:
  2 24    20.9  Scope of negotiations.
  2 25    1.  The For negotiations regarding a bargaining unit with
  2 26 a majority of members who are public safety employees, the
  2 27  public employer and the employee organization shall meet at
  2 28 reasonable times, including meetings reasonably in advance of
  2 29 the public employer's budget=making process, to negotiate in
  2 30 good faith with respect to wages, hours, vacations, insurance,
  2 31 holidays, leaves of absence, shift differentials, overtime
  2 32 compensation, supplemental pay, seniority, transfer procedures,
  2 33 job classifications, health and safety matters, evaluation
  2 34 procedures, procedures for staff reduction, in=service
  2 35 training, grievance procedures for resolving any questions
  3  1 arising under the agreement, and other matters mutually agreed
  3  2 upon. Negotiations shall also include terms authorizing
  3  3 dues checkoff for members of the employee organization and
  3  4 grievance procedures for resolving any questions arising under
  3  5 the agreement, which shall be embodied in a written agreement
  3  6 and signed by the parties. If an agreement provides for dues
  3  7 checkoff, a member's dues may be checked off only upon the
  3  8 member's written request and the member may terminate the dues
  3  9 checkoff at any time by giving thirty days' written notice.
  3 10 For negotiations regarding a bargaining unit that does not
  3 11 have a majority of members who are public safety employees,
  3 12 the public employer and the employee organization shall meet
  3 13 at reasonable times, including meetings reasonably in advance
  3 14 of the public employer's budget=making process, to negotiate
  3 15 in good faith with respect to base wages and other matters
  3 16 mutually agreed upon. Such obligation to negotiate in good
  3 17 faith does not compel either party to agree to a proposal
  3 18 or make a concession.  Mandatory subjects of negotiation
  3 19 specified in this subsection shall be interpreted narrowly and
  3 20 restrictively.
  3 21    2.  Nothing in this section shall diminish the authority
  3 22 and power of the department of administrative services, board
  3 23 of regents' merit system, Iowa public broadcasting board's
  3 24 merit system, or any civil service commission established by
  3 25 constitutional provision, statute, charter, or special act to
  3 26 recruit employees, prepare, conduct, and grade examinations,
  3 27 rate candidates in order of their relative scores for
  3 28 certification for appointment or promotion or for other matters
  3 29 of classification, reclassification, or appeal rights in the
  3 30 classified service of the public employer served.
  3 31    3.  All retirement systems, dues checkoffs, and other
  3 32 payroll deductions for political action committees or other
  3 33 political contributions or political activities shall be
  3 34 excluded from the scope of negotiations.  For negotiations
  3 35 regarding a bargaining unit that does not have a majority of
  4  1 members who are public safety employees, insurance, leaves of
  4  2 absence for political activities, supplemental pay, transfer
  4  3 procedures, evaluation procedures, procedures for staff
  4  4 reduction, release time, subcontracting public services,
  4  5 grievance procedures for resolving any questions arising under
  4  6 the agreement, and seniority and any wage increase, employment
  4  7 benefit, or other employment advantage based on seniority shall
  4  8 also be excluded from the scope of negotiations.
  4  9    4.  The term of a contract entered into pursuant to this
  4 10 chapter shall not exceed five years.
  4 11    Sec. 7.  Section 20.10, subsection 3, Code 2017, is amended
  4 12 by adding the following new paragraph:
  4 13    NEW PARAGRAPH.  j.  Negotiate or attempt to negotiate
  4 14 directly with a member of the governing board of a public
  4 15 employer if the public employer has appointed or authorized
  4 16 a bargaining representative for the purpose of bargaining
  4 17 with the public employees or their representative, unless the
  4 18 member of the governing board is the designated bargaining
  4 19 representative of the public employer.
  4 20    Sec. 8.  Section 20.12, subsection 5, Code 2017, is amended
  4 21 to read as follows:
  4 22    5.  If an employee organization or any of its officers
  4 23 is held to be in contempt of court for failure to comply
  4 24 with an injunction pursuant to this section, or is convicted
  4 25 of violating this section, the employee organization shall
  4 26 be immediately decertified, shall cease to represent the
  4 27 bargaining unit, shall cease to receive any dues by checkoff,
  4 28  and may again be certified only after twelve twenty=four months
  4 29 have elapsed from the effective date of decertification and
  4 30 only after if a new compliance with petition for certification
  4 31 pursuant to section 20.14 is filed and a new certification
  4 32 election pursuant to section 20.15 is held. The penalties
  4 33 provided in this section may be suspended or modified by the
  4 34 court, but only upon request of the public employer and only
  4 35 if the court determines the suspension or modification is in
  5  1 the public interest.
  5  2    Sec. 9.  Section 20.15, Code 2017, is amended to read as
  5  3 follows:
  5  4    20.15  Elections ==== agreements with the state.
  5  5    1.    Initial certification elections.
  5  6    a.  Upon the filing of a petition for certification of an
  5  7 employee organization, the board shall submit a question to
  5  8 the public employees at an election in the bargaining unit
  5  9 found appropriate by the board. The question on the ballot
  5 10 shall permit the public employees to vote for no bargaining
  5 11 representation or for any employee organization which has
  5 12 petitioned for certification or which has presented proof
  5 13 satisfactory to the board of support of ten thirty percent or
  5 14 more of the public employees in the appropriate unit.
  5 15    2.  b.  (1)  If a majority of the votes cast on the
  5 16 question is public employees in the bargaining unit vote for
  5 17 no bargaining representation, the public employees in the
  5 18 bargaining unit found appropriate by the board shall not be
  5 19 represented by an employee organization.
  5 20    (2)  If a majority of the votes cast on the question is
  5 21  public employees in the bargaining unit vote for a listed
  5 22 employee organization, then that employee organization shall
  5 23 represent the public employees in the bargaining unit found
  5 24 appropriate by the board.
  5 25    3.  (3)  If none of the choices on the ballot receive the
  5 26 vote of a majority of the public employees voting in the
  5 27 bargaining unit, the board shall conduct a runoff election
  5 28 among the two choices receiving the greatest number of votes
  5 29  the public employees in the bargaining unit found appropriate
  5 30 by the board shall not be represented by an employee
  5 31 organization.
  5 32    c.  The board shall not consider a petition for certification
  5 33 of an employee organization as the exclusive representative
  5 34 of a bargaining unit unless a period of two years has
  5 35 elapsed from the date of the last certification election
  6  1 in which an employee organization was not certified as the
  6  2 exclusive representative of that bargaining unit, of the
  6  3 last retention and recertification election in which an
  6  4 employee organization was not retained and recertified as the
  6  5 exclusive representative of that bargaining unit, or of the
  6  6 last decertification election in which an employee organization
  6  7 was decertified as the exclusive representative of that
  6  8 bargaining unit. The board shall also not consider a petition
  6  9 for certification as the exclusive bargaining representative
  6 10 of a bargaining unit if the bargaining unit is at that time
  6 11 represented by a certified exclusive bargaining representative.
  6 12    2.  Retention and recertification elections.
  6 13    a.  The board shall conduct an election to retain and
  6 14 recertify the bargaining representative of a bargaining unit
  6 15 prior to the expiration of the bargaining unit's collective
  6 16 bargaining agreement. The question on the ballot shall be
  6 17 whether the bargaining representative of the public employees
  6 18 in the bargaining unit shall be retained and recertified as
  6 19 the bargaining representative of the public employees in the
  6 20 bargaining unit.  For collective bargaining agreements with a
  6 21 June 30 expiration date, the election shall occur between June
  6 22 1 and November 1, both dates included, in the year prior to
  6 23 that expiration date.  For collective bargaining agreements
  6 24 with a different expiration date, the election shall occur
  6 25 between three hundred sixty=five and two hundred seventy days
  6 26 prior to the expiration date.
  6 27    b.  (1)  If a majority of the public employees in
  6 28 the bargaining unit vote to retain and recertify the
  6 29 representative, the board shall retain and recertify the
  6 30 bargaining representative and the bargaining representative
  6 31 shall continue to represent the public employees in the
  6 32 bargaining unit.
  6 33    (2)  If a majority of the public employees in the bargaining
  6 34 unit do not vote to retain and recertify the representative,
  6 35 the board, after the period for filing written objections
  7  1 pursuant to subsection 4 has elapsed, shall immediately
  7  2 decertify the representative and the public employees shall
  7  3 not be represented by an employee organization except pursuant
  7  4 to the filing of a subsequent petition for certification of
  7  5 an employee organization as provided in section 20.14 and an
  7  6 election conducted pursuant to such petition. Such written
  7  7 objections and decertifications shall be subject to applicable
  7  8 administrative and judicial review.
  7  9    3.  Decertification elections.
  7 10    a.  Upon the filing of a petition for decertification of an
  7 11 employee organization, the board shall submit a question to the
  7 12 public employees at an election in the bargaining unit found
  7 13 appropriate by the board. The question on the ballot shall be
  7 14 whether the bargaining representative of the public employees
  7 15 in the bargaining unit shall be decertified as the bargaining
  7 16 representative of public employees in the bargaining unit.
  7 17    b.  (1)  If a majority of the public employees in
  7 18 the bargaining unit vote to decertify the bargaining
  7 19 representative, the board, after the period for filing
  7 20 written objections pursuant to subsection 4 has elapsed,
  7 21 shall immediately decertify the representative and the public
  7 22 employees shall not be represented by an employee organization
  7 23 except pursuant to the filing of a subsequent petition for
  7 24 certification of an employee organization as provided in
  7 25 section 20.14 and an election conducted pursuant to such
  7 26 petition. Such written objections and decertifications shall
  7 27 be subject to applicable administrative and judicial review.
  7 28    (2)  If a majority of the public employees in the bargaining
  7 29 unit do not vote to decertify the bargaining representative,
  7 30 the bargaining representative shall continue to represent the
  7 31 public employees in the bargaining unit.
  7 32    c.  The board shall not consider a petition for
  7 33 decertification of an employee organization unless a
  7 34 bargaining unit's collective bargaining agreement exceeds
  7 35 two years in length. The board shall not schedule a
  8  1 decertification election for a bargaining unit within one
  8  2 year of a prior certification, retention and recertification,
  8  3 or decertification election involving the bargaining unit.
  8  4 Unless otherwise prohibited by this paragraph, the board shall
  8  5 schedule a decertification election not less than one hundred
  8  6 fifty days before the expiration date of the bargaining unit's
  8  7 collective bargaining agreement.
  8  8    4.    Invalidation of elections.  Upon written objections
  8  9 filed by any party to public employee, public employer, or
  8 10 employee organization involved in the election within ten days
  8 11 after notice of the results of the election, if the board
  8 12 finds that misconduct or other circumstances prevented the
  8 13 public employees eligible to vote from freely expressing their
  8 14 preferences, the board may invalidate the election and hold a
  8 15 second election for the public employees.
  8 16    5.    Results certified.  Upon completion of a valid election
  8 17 in which the majority choice of the public employees voting in
  8 18 the bargaining unit is determined, the board shall certify the
  8 19 results of the election and shall give reasonable notice of the
  8 20 order to all employee organizations listed on the ballot, the
  8 21 public employers, and the public employees in the appropriate
  8 22 bargaining unit.
  8 23    6.    State agreements.a.  A petition for certification as
  8 24 exclusive bargaining representative of a bargaining unit shall
  8 25 not be considered by the board for a period of one year from
  8 26 the date of the noncertification of an employee organization
  8 27 as the exclusive bargaining representative of that bargaining
  8 28 unit following a certification election. A petition for
  8 29 certification as the exclusive bargaining representative of a
  8 30 bargaining unit shall also not be considered by the board if
  8 31 the bargaining unit is at that time represented by a certified
  8 32 exclusive bargaining representative.
  8 33    b.  A petition for the decertification of the exclusive
  8 34 bargaining representative of a bargaining unit shall not be
  8 35 considered by the board for a period of one year from the date
  9  1 of its certification, or within one year of its continued
  9  2 certification following a decertification election, or during
  9  3 the duration of a collective bargaining agreement which, for
  9  4 purposes of this section, shall be deemed not to exceed two
  9  5 years. However, if a petition for decertification is filed
  9  6 during the duration of a collective bargaining agreement, the
  9  7 board shall award an election under this section not more than
  9  8 one hundred eighty days and not less than one hundred fifty
  9  9 days prior to the expiration of the collective bargaining
  9 10 agreement. If an employee organization is decertified, the
  9 11 board may receive petitions under section 20.14, provided that
  9 12 no such petition and no election conducted pursuant to such
  9 13 petition within one year from decertification shall include as
  9 14 a party the decertified employee organization.
  9 15    c.  A collective bargaining agreement with the state, its
  9 16 boards, commissions, departments, and agencies shall be for
  9 17 two years. and the The provisions of a collective bargaining
  9 18 agreement or arbitrator's award affecting state employees
  9 19 shall not provide for renegotiations which would require the
  9 20 refinancing of salary and fringe benefits subjects within the
  9 21 scope of negotiations under section 20.9 for the second year
  9 22 of the term of the agreement, except as provided in section
  9 23 20.17, subsection 6, and the. The effective date of any such
  9 24 agreement shall be July 1 of odd=numbered years, provided
  9 25 that if an exclusive bargaining representative is certified
  9 26 on a date which will prevent the negotiation of a collective
  9 27 bargaining agreement prior to July 1 of odd=numbered years for
  9 28 a period of two years, the certified collective bargaining
  9 29 representative may negotiate a one=year contract with the
  9 30 public employer which shall be effective from July 1 of the
  9 31 even=numbered year to July 1 of the succeeding odd=numbered
  9 32 year when new contracts agreements shall become effective.
  9 33    Sec. 10.  Section 20.17, subsection 8, Code 2017, is amended
  9 34 to read as follows:
  9 35    8.  a.  The salaries of all public employees of the state
 10  1 under a merit system and all other fringe benefits which are
 10  2 granted to all subjects within the scope of negotiations
 10  3 pursuant to the provisions of section 20.9 regarding public
 10  4 employees of the state shall be negotiated with the governor
 10  5 or the governor's designee on a statewide basis, except those
 10  6 benefits which are not subject to subjects excluded from the
 10  7 scope of  negotiations pursuant to the provisions of section
 10  8 20.9, subsection 3.
 10  9    b.  For the negotiation of such a proposed, statewide
 10 10 collective bargaining agreement to become effective in the year
 10 11 following an election described in section 39.9, a ratification
 10 12 election referred to in section 20.17, subsection 4, shall
 10 13 not be held, and the parties shall not request arbitration as
 10 14 provided in section 20.22, subsection 1, until at least two
 10 15 weeks after the date of the beginning of the term of office of
 10 16 the governor in that year as prescribed in the Constitution
 10 17 of the State of Iowa. On or after the beginning of the term
 10 18 of office of the governor in that year as prescribed in the
 10 19 Constitution of the State of Iowa, the governor shall have
 10 20 the authority to reject such a proposed statewide collective
 10 21 bargaining agreement. If the governor does so, the parties
 10 22 shall commence collective bargaining in accordance with section
 10 23 20.17.  Such negotiation shall be complete not later than
 10 24 March 15 of that year, unless the parties mutually agree to
 10 25 a different deadline.  The board shall adopt rules pursuant
 10 26 to chapter 17A  providing for alternative deadlines for the
 10 27 completion of the procedures provided in sections 20.17, 20.19,
 10 28 20.20, and 20.22 for negotiation of such statewide collective
 10 29 bargaining agreements in such years, which deadlines may be
 10 30 waived by mutual agreement of the parties.
 10 31    Sec. 11.  Section 20.17, subsection 9, Code 2017, is amended
 10 32 by striking the subsection.
 10 33    Sec. 12.  Section 20.18, subsection 1, Code 2017, is amended
 10 34 to read as follows:
 10 35    1.  An agreement with an employee organization which
 11  1 is the exclusive representative of public employees in an
 11  2 appropriate unit with a majority of members who are public
 11  3 safety employees may provide procedures for the consideration
 11  4 of public employee and employee organization grievances over
 11  5 the interpretation and application of agreements. Negotiated
 11  6  Such negotiated procedures may provide for binding arbitration
 11  7 of public employee and employee organization grievances over
 11  8 the interpretation and application of existing agreements. An
 11  9 arbitrator's decision on a grievance may shall not change or
 11 10 amend the terms, conditions, or applications of the collective
 11 11 bargaining agreement. Such procedures shall provide for the
 11 12 invoking of arbitration only with the approval of the employee
 11 13 organization in all instances, and in the case of an employee
 11 14 grievance, only with the additional approval of the public
 11 15 employee. The costs of arbitration shall be shared equally by
 11 16 the parties.
 11 17    Sec. 13.  Section 20.22, subsections 2, 3, 7, 8, and 9, Code
 11 18 2017, are amended to read as follows:
 11 19    2.  Each party shall serve its final offer on each of
 11 20 the impasse items upon the other party within four days of
 11 21 the board's receipt of the request for arbitration, or by a
 11 22 deadline otherwise agreed upon by the parties. The parties may
 11 23 continue to negotiate all offers until an agreement is reached
 11 24 or an award is rendered by the arbitrator. The full costs of
 11 25 arbitration under this section shall be shared equally by the
 11 26 parties to the dispute.
 11 27    3.  The submission of the impasse items to the arbitrator
 11 28 shall be limited to those items upon which the parties have
 11 29 not reached agreement. With respect to each such item, the
 11 30 arbitrator's award shall be restricted to the final offers on
 11 31 each impasse item submitted by the parties to the arbitrator,
 11 32 except as provided in subsection 9, paragraph "b".
 11 33    7.  The For an arbitration to which a bargaining unit that
 11 34 has a majority of members who are public safety employees is a
 11 35 party, the arbitrator shall consider and specifically address
 12  1 in the arbitrator's decision, in addition to any other relevant
 12  2 factors, the following factors:
 12  3    a.  Past collective bargaining contracts between the parties
 12  4 including the bargaining that led up to such contracts.
 12  5    b.  Comparison of wages, hours and conditions of employment
 12  6 of the involved public employees with those of other public
 12  7 employees doing comparable work, giving consideration to
 12  8 factors peculiar to the area and the classifications involved.
 12  9    c.  The interests and welfare of the public, the ability of
 12 10 the public employer to finance economic adjustments and the
 12 11 effect of such adjustments on the normal standard of services.
 12 12    d.  The power of the public employer to levy taxes and
 12 13 appropriate funds for the conduct of its operations.
 12 14    8.  a.  The arbitrator may administer oaths, examine
 12 15 witnesses and documents, take testimony and receive evidence,
 12 16 and issue subpoenas to compel the attendance of witnesses and
 12 17 the production of records. The arbitrator may petition the
 12 18 district court at the seat of government or of the county
 12 19 in which the hearing is held to enforce the order of the
 12 20 arbitrator compelling the attendance of witnesses and the
 12 21 production of records.
 12 22    b.  The parties shall not introduce, and the arbitrator
 12 23 shall not accept or consider, any direct or indirect evidence
 12 24 regarding any subject excluded from negotiations pursuant to
 12 25 section 20.9.
 12 26    9.  a.  The arbitrator shall select within fifteen days after
 12 27 the hearing the most reasonable offer, in the arbitrator's
 12 28 judgment, of the final offers on each impasse item submitted
 12 29 by the parties.
 12 30    b.  (1)  However, for an arbitration to which a bargaining
 12 31 unit that does not have a majority of members who are public
 12 32 safety employees is a party, with respect to any increase in
 12 33 base wages, the arbitrator's award shall not exceed the lesser
 12 34 of the following percentages in any one=year period in the
 12 35 duration of the bargaining agreement:
 13  1    (a)  Three percent.
 13  2    (b)  A percentage equal to the increase in the consumer
 13  3 price index for all urban consumers for the midwest region,
 13  4 if any, as determined by the United States department of
 13  5 labor, bureau of labor statistics, or a successor index.  Such
 13  6 percentage shall be the change in the consumer price index
 13  7 for the twelve=month period beginning eighteen months prior
 13  8 to the month in which the impasse item regarding base wages
 13  9 was submitted to the arbitrator and ending six months prior to
 13 10 the month in which the impasse item regarding base wages was
 13 11 submitted to the arbitrator.
 13 12    (2)  To assist the parties in the preparation of their final
 13 13 offers on an impasse item regarding base wages, the board
 13 14 shall provide information to the parties regarding the change
 13 15 in the consumer price index for all urban consumers for the
 13 16 midwest region for any twelve=month period. The department of
 13 17 workforce development shall assist the board in preparing such
 13 18 information upon request.
 13 19    Sec. 14.  Section 20.22, Code 2017, is amended by adding the
 13 20 following new subsection:
 13 21    NEW SUBSECTION.  7A.  For an arbitration to which a
 13 22 bargaining unit that does not have a majority of members who
 13 23 are public safety employees is a party, the following shall
 13 24 apply:
 13 25    a.  The arbitrator shall consider and specifically address
 13 26 in the arbitrator's determination, in addition to any other
 13 27 relevant factors, the following factors:
 13 28    (1)  Comparison of base wages, hours, and conditions of
 13 29 employment of the involved public employees with those of other
 13 30 public employees doing comparable work, giving consideration to
 13 31 factors peculiar to the area and the classifications involved.
 13 32 To the extent adequate, applicable data is available,
 13 33 the arbitrator shall also compare base wages, hours, and
 13 34 conditions of employment of the involved public employees
 13 35 with those of private sector employees doing comparable work,
 14  1 giving consideration to factors peculiar to the area and the
 14  2 classifications involved.
 14  3    (2)  The interests and welfare of the public.
 14  4    (3)  The financial ability of the employer to meet the cost
 14  5 of an offer in light of the current economic conditions of the
 14  6 public employer. The arbitrator shall give substantial weight
 14  7 to evidence that the public employer's authority to utilize
 14  8 funds is restricted to special purposes or circumstances
 14  9 by state or federal law, rules, regulations, or grant
 14 10 requirements.
 14 11    b.  The arbitrator shall not consider the following factors:
 14 12    (1)  Past collective bargaining agreements between the
 14 13 parties or bargaining that led to such agreements.
 14 14    (2)  The public employer's ability to fund an award through
 14 15 the increase or imposition of new taxes, fees, or charges, or
 14 16 to develop other sources of revenues.
 14 17    Sec. 15.  Section 20.26, unnumbered paragraph 4, Code 2017,
 14 18 is amended to read as follows:
 14 19    Nothing in this section shall be construed to prohibit
 14 20 voluntary contributions by individuals to political parties
 14 21 or candidates, provided that such contributions are not made
 14 22 through payroll deductions.
 14 23    Sec. 16.  Section 20.29, Code 2017, is amended to read as
 14 24 follows:
 14 25    20.29  Filing agreement ==== public access ==== internet site.
 14 26    1.  Copies of collective bargaining agreements entered
 14 27 into between the state and the state employees' bargaining
 14 28 representatives and made final under this chapter shall be
 14 29 filed with the secretary of state and be made available to the
 14 30 public at cost.
 14 31    2.  The board shall maintain an internet site that allows
 14 32 searchable access to a database of collective bargaining
 14 33 agreements and other collective bargaining information.
 14 34    Sec. 17.  Section 20.30, Code 2017, is amended by striking
 14 35 the section and inserting in lieu thereof the following:
 15  1    20.30  Supervisory member ==== no reduction before retirement.
 15  2    A supervisory member of any department or agency employed by
 15  3 the state of Iowa shall not be granted a voluntary reduction
 15  4 to a nonsupervisory rank or grade during the thirty=six
 15  5 months preceding retirement of the member. A member of any
 15  6 department or agency employed by the state of Iowa who retires
 15  7 in less than thirty=six months after voluntarily requesting and
 15  8 receiving a reduction in rank or grade from a supervisory to a
 15  9 nonsupervisory position shall be ineligible for a benefit to
 15 10 which the member is entitled as a nonsupervisory member but is
 15 11 not entitled as a supervisory member.
 15 12    Sec. 18.  Section 20.31, subsection 2, unnumbered paragraph
 15 13 1, Code 2017, is amended to read as follows:
 15 14    A mediator shall not be required to testify in any judicial,
 15 15 administrative, arbitration, or grievance proceeding regarding
 15 16 any matters occurring in the course of a mediation, including
 15 17 any verbal or written communication or behavior, other than
 15 18 facts relating exclusively to the timing or scheduling of
 15 19 mediation. A mediator shall not be required to produce or
 15 20 disclose any documents, including notes, memoranda, or other
 15 21 work product, relating to mediation, other than documents
 15 22 relating exclusively to the timing or scheduling of mediation.
 15 23 This subsection shall not apply in any of the following
 15 24 circumstances:
 15 25    Sec. 19.  Section 22.7, subsection 69, Code 2017, is amended
 15 26 to read as follows:
 15 27    69.  The evidence of public employee support for
 15 28 the certification, retention and recertification, or
 15 29 decertification of an employee organization as defined in
 15 30 section 20.3 that is submitted to the public employment
 15 31 relations board as provided in sections section 20.14 and or
 15 32  20.15.
 15 33    Sec. 20.  Section 22.7, Code 2017, is amended by adding the
 15 34 following new subsection:
 15 35    NEW SUBSECTION.  70.  Information indicating whether
 16  1 a public employee voted in a certification, retention and
 16  2 recertification, or decertification election held pursuant to
 16  3 section 20.15 or how the employee voted on any question on a
 16  4 ballot in such an election.
 16  5    Sec. 21.  Section 70A.17A, subsection 3, Code 2017, is
 16  6 amended by striking the subsection.
 16  7    Sec. 22.  Section 70A.19, Code 2017, is amended by striking
 16  8 the section and inserting in lieu thereof the following:
 16  9    70A.19  Payroll deduction for employee organization dues
 16 10 prohibited.
 16 11    The state, a state agency, a regents institution, a board of
 16 12 directors of a school district, a community college, or an area
 16 13 education agency, a county board of supervisors, a governing
 16 14 body of a city, or any other public employer as defined in
 16 15 section 20.3 shall not authorize or administer a deduction from
 16 16 the salaries or wages of its employees for membership dues to
 16 17 an employee organization as defined in section 20.3.
 16 18    Sec. 23.  Section 412.2, subsection 1, Code 2017, is amended
 16 19 to read as follows:
 16 20    1.  From the proceeds of the assessments on the wages
 16 21 and salaries of employees, of any such waterworks system,
 16 22 or other municipally owned and operated public utility,
 16 23 eligible to receive the benefits thereof. Notwithstanding
 16 24 any provisions of section 20.9 to the contrary, a council,
 16 25 board of waterworks, or other board or commission which
 16 26 establishes a pension and annuity retirement system pursuant to
 16 27 this chapter, shall negotiate in good faith with a certified
 16 28 employee organization as defined in section 20.3, which is the
 16 29 collective bargaining representative of the employees, with
 16 30 respect to the amount or rate of the assessment on the wages
 16 31 and salaries of employees and the method or methods for payment
 16 32 of the assessment by the employees.
 16 33    Sec. 24.  Section 602.1401, subsection 3, paragraph b, Code
 16 34 2017, is amended to read as follows:
 16 35    b.  For purposes of chapter 20, the certified representative,
 17  1 which on July 1, 1983, represents employees who become judicial
 17  2 branch employees as a result of 1983 Iowa Acts, ch. 186, shall
 17  3 remain the certified representative when the employees become
 17  4 judicial branch employees and thereafter, unless the public
 17  5 employee organization is not retained and recertified or is
 17  6  decertified in an election held under section 20.15 or amended
 17  7 or absorbed into another certified organization pursuant to
 17  8 chapter 20. Collective bargaining negotiations shall be
 17  9 conducted on a statewide basis and the certified employee
 17 10 organizations which engage in bargaining shall negotiate on a
 17 11 statewide basis, although bargaining units shall be organized
 17 12 by judicial district. The public employment relations board
 17 13 shall adopt rules pursuant to chapter 17A to implement this
 17 14 subsection.
 17 15    Sec. 25.  TRANSITION PROCEDURES ==== EMERGENCY RULES.
 17 16    1.  As of the effective date of this division of this Act,
 17 17 parties, mediators, and arbitrators engaging in any collective
 17 18 bargaining procedures provided for in chapter 20, Code 2017,
 17 19 who have not, before the effective date of this division
 17 20 of this Act, completed such procedures, shall immediately
 17 21 terminate any such procedures in process.  A collective
 17 22 bargaining agreement negotiated pursuant to such procedures in
 17 23 process shall not become effective. Parties, mediators, and
 17 24 arbitrators shall not engage in further collective bargaining
 17 25 procedures except as provided in this section. Such parties,
 17 26 on or after the effective date of this division of this Act,
 17 27 may commence collective bargaining in accordance with section
 17 28 20.17, as amended in this division of this Act. If such
 17 29 parties include a state public employer and a state employee
 17 30 organization, negotiation of a proposed collective bargaining
 17 31 agreement to become effective during the remainder of calendar
 17 32 year 2017 shall be complete not later than March 15, 2017,
 17 33 unless the parties mutually agree to a different deadline.
 17 34 If such parties include public employees represented by a
 17 35 certified employee organization who are employed by a public
 18  1 employer which is a school district, area education agency,
 18  2 or community college, negotiation of a proposed collective
 18  3 bargaining agreement to become effective during the remainder
 18  4 of calendar year 2017 shall be complete not later than June
 18  5 30, 2017, unless the parties mutually agree to a different
 18  6 deadline.
 18  7    2.  The public employment relations board shall adopt
 18  8 emergency rules under section 17A.4, subsection 3, and section
 18  9 17A.5, subsection 2, paragraph "b", to provide for procedures
 18 10 as deemed necessary to implement the provisions of this section
 18 11 and the rules shall be effective immediately upon filing
 18 12 unless a later date is specified in the rules. Such rules
 18 13 shall include but are not limited to alternative deadlines for
 18 14 completion of the procedures provided in sections 20.17 and
 18 15 20.22, as amended by this division of this Act, and sections
 18 16 20.19 and 20.20, which deadlines may be waived by mutual
 18 17 agreement of the parties.
 18 18    Sec. 26.  EFFECTIVE UPON ENACTMENT.  This division of this
 18 19 Act, being deemed of immediate importance, takes effect upon
 18 20 enactment.
 18 21    Sec. 27.  APPLICABILITY.
 18 22    1.  With the exception of the section of this division of
 18 23 this Act amending section 20.6, subsection 1, this division of
 18 24 this Act does not apply to collective bargaining agreements
 18 25 which have been ratified in a ratification election referred
 18 26 to in section 20.17, subsection 4, for which an arbitrator
 18 27 has made a final determination as described in section 20.22,
 18 28 subsection 11, or which have become effective, where such
 18 29 events occurred before the effective date of this division of
 18 30 this Act. This division of this Act applies to all collective
 18 31 bargaining procedures provided for in chapter 20 occurring
 18 32 on and after the effective date of this division of this Act
 18 33 and collective bargaining agreements for which a ratification
 18 34 election referred to in section 20.17, subsection 4, is
 18 35 held, for which an arbitrator makes a final determination as
 19  1 described in section 20.22, subsection 11, or which, unless
 19  2 otherwise provided in this section, become effective on or
 19  3 after the effective date of this division of this Act.
 19  4    2.  The provision of this division of this Act amending
 19  5 section 70A.19 does not apply to dues deductions required by
 19  6 collective bargaining agreements which have been ratified in a
 19  7 ratification election referred to in section 20.17, subsection
 19  8 4, for which an arbitrator has made a final determination as
 19  9 described in section 20.22, subsection 11, or which have become
 19 10 effective, where such events occurred before the effective date
 19 11 of this division of this Act.
 19 12    3.  Section 20.15, subsection 2, as enacted by this division
 19 13 of this Act, does not apply to collective bargaining agreements
 19 14 with expiration dates occurring before April 1, 2018.
 19 15                           DIVISION II
 19 16                   EDUCATOR EMPLOYMENT MATTERS
 19 17    Sec. 28.  Section 279.13, subsections 2 and 5, Code 2017, are
 19 18 amended to read as follows:
 19 19    2.  The contract shall remain in force and effect for the
 19 20 period stated in the contract and shall be automatically
 19 21 continued for equivalent periods except as modified or
 19 22 terminated by mutual agreement of the board of directors and
 19 23 the teacher or as modified or terminated in accordance with
 19 24 the provisions specified in this chapter. A contract shall
 19 25 not be offered by the employing board to a teacher under its
 19 26 jurisdiction prior to March 15 of any year. A teacher who has
 19 27 not accepted a contract for the ensuing school year tendered
 19 28 by the employing board may resign effective at the end of the
 19 29 current school year by filing a written resignation with the
 19 30 secretary of the board. The resignation must be filed not
 19 31 later than the last day of the current school year or the date
 19 32 specified by the employing board for return of the contract,
 19 33 whichever date occurs first. However, a teacher shall not be
 19 34 required to return a contract to the board or to resign less
 19 35 than twenty=one days after the contract has been offered.
 20  1    5.  Notwithstanding the other provisions of this section, a
 20  2 temporary contract may be issued to a teacher for a period of
 20  3 up to six months.  Notwithstanding the other provisions of this
 20  4 section, a temporary contract may also be issued to a teacher
 20  5  to fill a vacancy created by a leave of absence in accordance
 20  6 with the provisions of section 29A.28, which contract shall
 20  7 automatically terminate upon return from military leave of the
 20  8 former incumbent of the teaching position and which contract.
 20  9 Temporary contacts shall not be subject to the provisions of
 20 10 sections 279.15 through 279.19, or section 279.27. A separate
 20 11 extracurricular contract issued pursuant to section 279.19A to
 20 12 a person issued a temporary contract under this section shall
 20 13 automatically terminate with the termination of the temporary
 20 14 contract as required under section 279.19A, subsection 8.
 20 15    Sec. 29.  Section 279.13, subsection 4, unnumbered paragraph
 20 16 1, Code 2017, is amended to read as follows:
 20 17    For purposes of this section, sections 279.14, 279.15
 20 18 through 279.17, 279.16, 279.19, and 279.27, unless the context
 20 19 otherwise requires, "teacher" includes the following individuals
 20 20 employed by a community college:
 20 21    Sec. 30.  Section 279.14, Code 2017, is amended to read as
 20 22 follows:
 20 23    279.14  Evaluation criteria and procedures.
 20 24    1.  The board shall establish evaluation criteria and shall
 20 25 implement evaluation procedures. If an exclusive bargaining
 20 26 representative has been certified, the board shall negotiate
 20 27 in good faith with respect to evaluation procedures pursuant
 20 28 to chapter 20.
 20 29    2.  The determination of standards of performance expected
 20 30 of school district personnel shall be reserved as an exclusive
 20 31 management right of the school board and shall not be subject
 20 32 to mandatory negotiations under chapter 20. Notwithstanding
 20 33 chapter 20, objections to the procedures, use, or content of
 20 34 an evaluation in a teacher termination proceeding brought
 20 35 before the school board in a hearing held in accordance with
 21  1 section 279.16 or 279.27 shall not be subject to the grievance
 21  2 procedures negotiated in accordance with chapter 20. A school
 21  3 district shall not be obligated to process any evaluation
 21  4 grievance after service of a notice and recommendation to
 21  5 terminate an individual's continuing teaching contract in
 21  6 accordance with this chapter.
 21  7    Sec. 31.  Section 279.15, subsection 2, paragraph c, Code
 21  8 2017, is amended to read as follows:
 21  9    c.  Within five days of the receipt of the written notice
 21 10 that the superintendent is recommending termination of the
 21 11 contract, the teacher may request, in writing to the secretary
 21 12 of the board, a private hearing with the board. The private
 21 13 hearing shall not be subject to chapter 21 and shall be held
 21 14 no sooner than ten twenty days and no later than twenty forty
 21 15  days following the receipt of the request unless the parties
 21 16 otherwise agree. The secretary of the board shall notify the
 21 17 teacher in writing of the date, time, and location of the
 21 18 private hearing, and at least five ten days before the hearing
 21 19 shall also furnish to the teacher any documentation which
 21 20 may be presented to the board at the private hearing and a
 21 21 list of persons who may address the board in support of the
 21 22 superintendent's recommendation at the private hearing. At
 21 23 least three seven days before the hearing, the teacher shall
 21 24 provide any documentation the teacher expects to present at
 21 25 the private hearing, along with the names of any persons who
 21 26 may address the board on behalf of the teacher. This exchange
 21 27 of information shall be at the time specified unless otherwise
 21 28 agreed.
 21 29    Sec. 32.  Section 279.16, subsections 1, 2, 6, 7, 8, 9, and
 21 30 10, Code 2017, are amended to read as follows:
 21 31    1.  The participants at the private hearing shall be at
 21 32 least a majority of the members of the board, and their
 21 33 legal representatives, if any, the and the witnesses for the
 21 34 parties. The superintendent, the superintendent's designated
 21 35 representatives, if any, the teacher's immediate supervisor,
 22  1 the teacher, and the teacher's representatives, if any, and the
 22  2 witnesses for the parties may participate in the hearing as
 22  3 well. The evidence at the private hearing shall be limited to
 22  4 the specific reasons stated in the superintendent's notice of
 22  5 recommendation of termination. No A participant in the hearing
 22  6 shall not be liable for any damages to any person if any
 22  7 statement at the hearing is determined to be erroneous as long
 22  8 as the statement was made in good faith. The superintendent
 22  9 shall present evidence and argument on all issues involved and
 22 10 the teacher may cross=examine, respond, and present evidence
 22 11 and argument in the teacher's behalf relevant to all issues
 22 12 involved. Evidence may be by stipulation of the parties and
 22 13 informal settlement may be made by stipulation, consent, or
 22 14 default or by any other method agreed upon by the parties in
 22 15 writing. The board shall employ a certified shorthand reporter
 22 16 to keep a record of the private hearing. The proceedings
 22 17 or any part thereof shall be transcribed at the request of
 22 18 either party with the expense of transcription charged to the
 22 19 requesting party.
 22 20    2.  The presiding officer of the board may administer oaths
 22 21 in the same manner and with like effect and under the same
 22 22 penalties as in the case of magistrates exercising criminal
 22 23 or civil jurisdiction. The board shall cause subpoenas to be
 22 24 issued for such witnesses and the production of such books
 22 25 and papers as either the board or the teacher may designate.
 22 26 The subpoenas shall be signed by the presiding officer of the
 22 27 board.
 22 28    6.  If the teacher fails to timely request a private hearing
 22 29 or does not appear at the private hearing, the board may
 22 30 proceed and make a determination upon the superintendent's
 22 31 recommendation. If the teacher fails to timely file a request
 22 32 for a private hearing, the determination shall be not later
 22 33 than May 31. If the teacher fails to appear at the private
 22 34 hearing, the determination shall be not later than five days
 22 35 after the scheduled date for the private hearing. The board
 23  1 shall convene in open session and by roll call vote determine
 23  2 the termination or continuance of the teacher's contract
 23  3 and, if the board votes to continue the teacher's contract,
 23  4 whether to suspend the teacher with or without pay for a
 23  5 period specified by the board or issue the teacher a one=year,
 23  6 nonrenewable contract.
 23  7    7.  Within five days after the private hearing, the board
 23  8 shall, in executive session, meet to make a final decision
 23  9 upon the recommendation and the evidence as herein provided.
 23 10 The board shall also consider any written brief and arguments
 23 11 submitted by the superintendent and the teacher.
 23 12    8.  a.  The record for a private hearing shall include:
 23 13    a.  (1)  All pleadings, motions, and intermediate rulings.
 23 14    b.  (2)  All evidence received or considered and all other
 23 15 submissions.
 23 16    c.  (3)  A statement of all matters officially noticed.
 23 17    d.  (4)  All questions and offers of proof, objections, and
 23 18 rulings thereon.
 23 19    e.  (5)  All findings and exceptions.
 23 20    f.  (6)  Any decision, opinion, or conclusion by the board.
 23 21    g.  Findings of fact
 23 22    b.  The decision of the board shall be based solely on the
 23 23 evidence in the record and on matters officially noticed in the
 23 24 record.
 23 25    9.  The decision of the board shall be in writing and shall
 23 26 include findings of fact and conclusions of law, separately
 23 27 stated. Findings of fact, if set forth in statutory language,
 23 28 shall be accompanied by a concise and explicit statement of the
 23 29 underlying facts and supporting the findings. Each conclusion
 23 30 of law shall be supported by cited authority or by reasoned
 23 31 opinion.
 23 32    10.  When the board has reached a decision, opinion, or
 23 33 conclusion, it shall convene in open meeting and by roll
 23 34 call vote determine the continuance or discontinuance of
 23 35 the teacher's contract and, if the board votes to continue
 24  1 the teacher's contract, whether to suspend the teacher with
 24  2 or without pay for a period specified by the board or issue
 24  3 the teacher a one=year, nonrenewable contract. The record
 24  4 of the private conference hearing and findings of fact and
 24  5 exceptions written decision of the board shall be exempt from
 24  6 the provisions of chapter 22. The secretary of the board shall
 24  7 immediately mail notice of the board's action to the teacher.
 24  8    Sec. 33.  Section 279.16, subsections 3 and 5, Code 2017, are
 24  9 amended by striking the subsections.
 24 10    Sec. 34.  Section 279.18, Code 2017, is amended to read as
 24 11 follows:
 24 12    279.18  Appeal by either party teacher to court.
 24 13    1.  If either party a teacher rejects the adjudicator's
 24 14  board's decision, the rejecting party teacher shall, within
 24 15 thirty days of the initial filing of such decision, appeal to
 24 16 the district court of the county in which the administrative
 24 17 office of the school district is located. The notice of
 24 18 appeal shall be immediately mailed by certified mail to the
 24 19 other party board. The adjudicator secretary of the board
 24 20  shall transmit to the reviewing court the original or a
 24 21 certified copy of the entire record which may be the subject
 24 22 of the petition. By stipulation of all parties to the review
 24 23 proceedings, the record of such a case may be shortened. A
 24 24 party unreasonably refusing to stipulate to limit the record
 24 25 may be taxed by the court for the additional cost. The court
 24 26 may require or permit subsequent corrections or additions to
 24 27 the shortened record.
 24 28    2.  In proceedings for judicial review of the adjudicator's
 24 29  board's decision, the court shall not hear any further evidence
 24 30 but shall hear the case upon the certified record. In such
 24 31 judicial review, especially when considering the credibility
 24 32 of witnesses, the court shall give weight to the fact findings
 24 33  decision of the board;, but shall not be bound by them it.
 24 34 The court may affirm the adjudicator's board's decision or
 24 35 remand to the adjudicator or the board for further proceedings
 25  1 upon conditions determined by the court. The court shall
 25  2 reverse, modify, or grant any other appropriate equitable or
 25  3 legal relief from the board decision, or the adjudicator's
 25  4 decision equitable or legal and including declaratory relief,
 25  5  if substantial rights of the petitioner have been prejudiced
 25  6 because the action is any of the following:
 25  7    a.  In violation of constitutional or statutory provisions;
 25  8 or.
 25  9    b.  In excess of the statutory authority of the board or the
 25 10 adjudicator; or.
 25 11    c.  In violation of a board rule or policy or contract; or.
 25 12    d.  Made upon unlawful procedure; or.
 25 13    e.  Affected by other error of law; or.
 25 14    f.  Unsupported by a preponderance of the competent evidence
 25 15 in the record made before the board and the adjudicator when
 25 16 that record is viewed as a whole; or.
 25 17    g.  Unreasonable, arbitrary, or capricious or characterized
 25 18 by an abuse of discretion or a clearly unwarranted exercise of
 25 19 discretion.
 25 20    3.  An aggrieved or adversely affected party to the judicial
 25 21 review proceeding may obtain a review of any final judgment of
 25 22 the district court by appeal to the supreme court. The appeal
 25 23 shall be taken as in other civil cases, although the appeal may
 25 24 be taken regardless of the amount involved.
 25 25    4.  For purposes of this section, unless the context
 25 26 otherwise requires, "rejecting party" "teacher" shall include,
 25 27 but not be limited to, an instructor employed by a community
 25 28 college.
 25 29    Sec. 35.  Section 279.19, Code 2017, is amended to read as
 25 30 follows:
 25 31    279.19  Probationary period.
 25 32    1.  The first three consecutive years of employment of
 25 33 a teacher in the same school district are a probationary
 25 34 period. However, if the teacher has successfully completed a
 25 35 probationary period of employment for another school district
 26  1 located in Iowa, the probationary period in the current
 26  2 district of employment shall not exceed one year two years.
 26  3 A board of directors may waive the probationary period for
 26  4 any teacher who previously has served a probationary period
 26  5 in another school district and the board may extend the
 26  6 probationary period for an additional year with the consent of
 26  7 the teacher.
 26  8    2.  In the case of the termination of a probationary
 26  9 teacher's contract, the contract may be terminated by the board
 26 10 of directors effective at the end of a school year without
 26 11 cause.  The superintendent or the superintendent's designee
 26 12 shall notify the teacher not later than April 30 that the
 26 13 board has voted to terminate the contract effective at the
 26 14 end of the school year. The notice shall be in writing by
 26 15 letter, personally delivered, or mailed by certified mail. The
 26 16 notification shall be complete when received by the teacher.
 26 17 Within ten days after receiving the notice, the teacher may
 26 18 request a private conference with the school board to discuss
 26 19 the reasons for termination.  The provisions of sections 279.15
 26 20 and 279.16 shall not apply to such a termination. However,
 26 21 if the probationary teacher is a beginning teacher who fails
 26 22 to demonstrate competence in the Iowa teaching standards in
 26 23 accordance with chapter 284, the provisions of sections 279.17
 26 24  and 279.18 shall also apply.
 26 25    3.  The board's decision shall be final and binding unless
 26 26 the termination was based upon an alleged violation of a
 26 27 constitutionally guaranteed right of the teacher or an alleged
 26 28 violation of public employee rights of the teacher under
 26 29 section 20.10.
 26 30    Notwithstanding any provision to the contrary, the
 26 31 grievance procedures of section 20.18 relating to job
 26 32 performance or job retention shall not apply to a teacher
 26 33 during the first two years of the teacher's probationary
 26 34 period. However, this paragraph shall not apply to a teacher
 26 35 who has successfully completed a probationary period in a
 27  1 school district in Iowa.
 27  2    Sec. 36.  Section 279.19A, subsections 1, 2, 7, and 8, Code
 27  3 2017, are amended to read as follows:
 27  4    1.  School districts employing individuals to coach
 27  5 interscholastic athletic sports shall issue a separate
 27  6 extracurricular contract for each of these sports. An
 27  7 extracurricular contract offered under this section shall be
 27  8 separate from the contract issued under section 279.13. Wages
 27  9 for employees who coach these sports shall be paid pursuant
 27 10 to established or negotiated supplemental pay schedules.
 27 11  An extracurricular contract shall be in writing, and shall
 27 12 state the number of contract days for that sport, the annual
 27 13 compensation to be paid, and any other matters as may be
 27 14 mutually agreed upon. The contract shall be for a single
 27 15 school year.
 27 16    2.  a.  An extracurricular contract shall be continued
 27 17 automatically in force and effect for equivalent periods,
 27 18 except as modified or terminated by mutual agreement of
 27 19 the board of directors and the employee, or terminated in
 27 20 accordance with this section. An extracurricular contract
 27 21 shall initially be offered by the employing board to an
 27 22 individual on the same date that contracts are offered to
 27 23 teachers under section 279.13. An extracurricular contract
 27 24 may be terminated at the end of a school year pursuant to
 27 25 sections 279.15 through 279.19. If the school district offers
 27 26 an extracurricular contract for a sport for the subsequent
 27 27 school year to an employee who is currently performing
 27 28 under an extracurricular contract for that sport, and the
 27 29 employee does not wish to accept the extracurricular contract
 27 30 for the subsequent year, the employee may resign from the
 27 31 extracurricular contract within twenty=one days after it has
 27 32 been received.
 27 33    b.  Section 279.13, subsection 3, applies to this section.
 27 34  If the provisions of an extracurricular contract executed
 27 35 under this section conflict with a collective bargaining
 28  1 agreement negotiated under chapter 20 and effective when the
 28  2 extracurricular contract is executed or renewed, the provisions
 28  3 of the collective bargaining agreement shall prevail.
 28  4    7.  An extracurricular contract may be terminated prior to
 28  5 the expiration of that contract pursuant to section 279.27 for
 28  6 any lawful reason following an informal, private hearing before
 28  7 the board of directors.  The decision of the board to terminate
 28  8 an extracurricular contract shall be final.
 28  9    8.  a.  A termination proceeding of regarding an
 28 10 extracurricular contract either by the board pursuant to
 28 11 subsection 2 or pursuant to section 279.27 does shall not
 28 12 affect a contract issued pursuant to section 279.13.
 28 13    b.  A termination of a contract entered into pursuant to
 28 14 section 279.13, or a resignation from that contract by the
 28 15 teacher, constitutes an automatic termination or resignation of
 28 16 the extracurricular contract in effect between the same teacher
 28 17 and the employing school board.
 28 18    Sec. 37.  Section 279.23, subsection 1, paragraph c, Code
 28 19 2017, is amended to read as follows:
 28 20    c.  The rate of compensation per week of five consecutive
 28 21 days or month of four consecutive weeks.
 28 22    Sec. 38.  Section 279.23, subsection 5, Code 2017, is amended
 28 23 to read as follows:
 28 24    5.  Notwithstanding the other provisions of this section,
 28 25 a temporary contract may be issued to an administrator for
 28 26 up to nine months. Notwithstanding the other provisions of
 28 27 this section, a temporary contract may also be issued to
 28 28 an administrator to fill a vacancy created by a leave of
 28 29 absence in accordance with the provisions of section 29A.28,
 28 30 which contract shall automatically terminate upon return from
 28 31 military leave of the former incumbent of the administrator
 28 32 position and which contract. Temporary contracts shall not be
 28 33 subject to the provisions of sections 279.24 and 279.25.
 28 34    Sec. 39.  Section 279.24, subsections 2 and 4, Code 2017, are
 28 35 amended to read as follows:
 29  1    2.  If the board of directors is considering termination of
 29  2 an administrator's contract, prior to any formal action, the
 29  3 board may arrange to meet in closed session, in accordance with
 29  4 the provisions of section 21.5, with the administrator and the
 29  5 administrator's representative. The board shall review the
 29  6 administrator's evaluation, review the reasons for nonrenewal,
 29  7 and give the administrator an opportunity to respond. If,
 29  8 following the closed session, the board of directors and the
 29  9 administrator are unable to mutually agree to a modification or
 29 10 termination of the administrator's contract, or the board of
 29 11 directors and the administrator are unable to mutually agree
 29 12 to enter into may issue a one=year nonrenewable contract,
 29 13  to the administrator. If the board of directors decides to
 29 14 terminate the administrator's contract, the board shall follow
 29 15 the procedures in this section.
 29 16    4.  Administrators employed in a school district for
 29 17 less than two three consecutive years are probationary
 29 18 administrators. However, a school board may waive the
 29 19 probationary period for any administrator who has previously
 29 20 served a probationary period in another school district and
 29 21 the school board may extend the probationary period for an
 29 22 additional year with the consent of the administrator. If a
 29 23 school board determines that it should terminate a probationary
 29 24 administrator's contract, the school board shall notify the
 29 25 administrator not later than May 15 that the contract will not
 29 26 be renewed beyond the current year. The notice shall be in
 29 27 writing by letter, personally delivered, or mailed by certified
 29 28 mail. The notification shall be complete when received by the
 29 29 administrator. Within ten days after receiving the notice, the
 29 30 administrator may request a private conference with the school
 29 31 board to discuss the reasons for termination. The school
 29 32 board's decision to terminate a probationary administrator's
 29 33 contract shall be final unless the termination was based upon
 29 34 an alleged violation of a constitutionally guaranteed right of
 29 35 the administrator.
 30  1    Sec. 40.  Section 279.24, subsection 5, paragraphs c, d, e,
 30  2 f, g, and h, Code 2017, are amended to read as follows:
 30  3    c.  Within five days after receipt of the written notice
 30  4 that the school board has voted to consider termination of
 30  5 the contract, the administrator may request a private hearing
 30  6  in writing to the secretary of the school board that. The
 30  7 board shall then forward the notification be forwarded to
 30  8 the board of educational examiners along with a request that
 30  9 the board of educational examiners submit a list of five
 30 10 qualified administrative law judges to the parties. Within
 30 11 three days from receipt of the list the parties shall select an
 30 12 administrative law judge by alternately removing a name from
 30 13 the list until only one name remains. The person whose name
 30 14 remains shall be the administrative law judge. The parties
 30 15 shall determine by lot which party shall remove the first
 30 16 name from the list. The private hearing shall be held no
 30 17 sooner than ten twenty days and not later than thirty forty
 30 18  days following the administrator's request unless the parties
 30 19 otherwise agree. If the administrator does not request a
 30 20 private hearing, the school board, not later than May 31, may
 30 21 determine the continuance or discontinuance of the contract
 30 22 and, if the board determines to continue the administrator's
 30 23 contract, whether to suspend the administrator with or without
 30 24 pay for a period specified by the board. School board action
 30 25 shall be by majority roll call vote entered on the minutes of
 30 26 the meeting. Notice of school board action shall be personally
 30 27 delivered or mailed to the administrator.
 30 28    d.  The administrative law judge selected shall notify
 30 29 the secretary of the school board and the administrator in
 30 30 writing concerning the date, time, and location of the private
 30 31  hearing. The school board may be represented by a legal
 30 32 representative, if any, and the administrator shall appear and
 30 33 may be represented by counsel or by representative, if any.
 30 34 Any witnesses for the parties at the private hearing shall be
 30 35 sequestered. A transcript or recording shall be made of the
 31  1 proceedings at the private hearing. A school board member or
 31  2 administrator is not liable for any damage to an administrator
 31  3 or school board member if a statement made at the private
 31  4  hearing is determined to be erroneous as long as the statement
 31  5 was made in good faith.
 31  6    e.  The administrative law judge shall, within ten days
 31  7 following the date of the private hearing, make a proposed
 31  8 decision as to whether or not the administrator should be
 31  9 dismissed, and shall give a copy of the proposed decision to
 31 10 the administrator and the school board. Findings of fact shall
 31 11 be prepared by the administrative law judge. The proposed
 31 12 decision of the administrative law judge shall become the final
 31 13 decision of the school board unless within ten thirty days
 31 14 after the filing of the decision the administrator files a
 31 15 written notice of appeal with the school board, or the school
 31 16 board on its own motion determines to review the decision.
 31 17    f.  If the administrator appeals to the school board, or if
 31 18 the school board determines on its own motion to review the
 31 19 proposed decision of the administrative law judge, a private
 31 20 hearing shall be held before the school board within five ten
 31 21  days after the petition for review, or motion for review, has
 31 22 been made or at such other time as the parties agree. The
 31 23 private hearing is not subject to chapter 21. The school board
 31 24 may hear the case de novo upon the record as submitted before
 31 25 the administrative law judge. In cases where there is an
 31 26 appeal from a proposed decision or where a proposed decision
 31 27 is reviewed on motion of the school board, an opportunity
 31 28 shall be afforded to each party to file exceptions, present
 31 29 briefs, and present oral arguments to the school board which
 31 30 is to render the final decision. The secretary of the school
 31 31 board shall give the administrator written notice of the time,
 31 32 place, and date of the private hearing. The school board shall
 31 33 meet within five days after the private hearing to determine
 31 34 the question of continuance or discontinuance of the contract
 31 35 and, if the board determines to continue the administrator's
 32  1 contract, whether to suspend the administrator with or
 32  2 without pay for a period specified by the board or issue the
 32  3 administrator a one=year, nonrenewable contract. The school
 32  4 board shall make findings of fact which shall be based solely
 32  5 on the evidence in the record and on matters officially noticed
 32  6 in the record.
 32  7    g.  The decision of the school board shall be in writing
 32  8 and shall include findings of fact and conclusions of law,
 32  9 separately stated. Findings of fact, if set forth in statutory
 32 10 language, shall be accompanied by a concise and explicit
 32 11 statement of the underlying facts supporting the findings.
 32 12 Each conclusion of law shall be supported by cited authority
 32 13 or by reasoned opinion.
 32 14    h.  When the school board has reached a decision, opinion,
 32 15 or conclusion, it shall convene in open meeting and by roll
 32 16 call vote determine the continuance or discontinuance of
 32 17 the administrator's contract and, if the board votes to
 32 18 continue the administrator's contract, whether to suspend the
 32 19 administrator with or without pay for a period specified by
 32 20 the board or issue the administrator a one=year, nonrenewable
 32 21 contract. The record of the private conference hearing
 32 22  and findings of fact and exceptions written decision of the
 32 23 board shall be exempt from the provisions of chapter 22. The
 32 24 secretary of the school board shall immediately personally
 32 25 deliver or mail notice of the school board's action to the
 32 26 administrator.
 32 27    Sec. 41.  Section 279.27, Code 2017, is amended to read as
 32 28 follows:
 32 29    279.27  Discharge of teacher.
 32 30    1.  A teacher may be discharged at any time during the
 32 31 contract year for just cause. The superintendent or the
 32 32 superintendent's designee, shall notify the teacher immediately
 32 33 that the superintendent will recommend in writing to the board
 32 34 at a regular or special meeting of the board held not more
 32 35 than fifteen days after notification has been given to the
 33  1 teacher that the teacher's continuing contract be terminated
 33  2 effective immediately following a decision of the board. The
 33  3 procedure for dismissal shall be as provided in section 279.15,
 33  4 subsection 2, and sections 279.16 to through 279.19. The
 33  5 superintendent may suspend a teacher under this section pending
 33  6 hearing and determination by the board.
 33  7    2.  For purposes of this section, "just cause" includes
 33  8 but is not limited to a violation of the code of professional
 33  9 conduct and ethics of the board of educational examiners if
 33 10 the board has taken disciplinary action against a teacher,
 33 11 during the six months following issuance by the board of a
 33 12 final written decision and finding of fact after a disciplinary
 33 13 proceeding.
 33 14    Sec. 42.  Section 284.3, subsection 2, Code 2017, is amended
 33 15 to read as follows:
 33 16    2.  A school board shall provide for the following:
 33 17    a.  For purposes of comprehensive evaluations, standards
 33 18 and criteria which measure a beginning teacher's performance
 33 19 against the Iowa teaching standards specified in subsection 1,
 33 20 and the criteria for the Iowa teaching standards developed by
 33 21 the department in accordance with section 256.9,  to determine
 33 22 whether the teacher's practice meets the requirements specified
 33 23 for a career teacher. These standards and criteria shall be
 33 24 set forth in an instrument provided by the department. The
 33 25 comprehensive evaluation and instrument are not subject to
 33 26 negotiations or grievance procedures pursuant to chapter 20 or
 33 27 determinations made by the board of directors under section
 33 28 279.14. A local school board and its certified bargaining
 33 29 representative may negotiate, pursuant to chapter 20,
 33 30 evaluation and grievance procedures for beginning teachers that
 33 31 are not in conflict with this chapter. If, in accordance with
 33 32 section 279.19, a beginning teacher appeals the determination
 33 33 of a school board to an adjudicator under section 279.17, the
 33 34 adjudicator selected shall have successfully completed training
 33 35 related to the Iowa teacher standards, the criteria adopted
 34  1 by the state board in accordance with subsection 3, and any
 34  2 additional training required under rules adopted by the public
 34  3 employment relations board in cooperation with the state board.
 34  4    b.  For purposes of performance reviews for teachers other
 34  5 than beginning teachers, evaluations that contain, at a
 34  6 minimum, the Iowa teaching standards specified in subsection
 34  7 1, as well as the criteria for the Iowa teaching standards
 34  8 developed by the department in accordance with section
 34  9 256.9, subsection 42. A local school board and its certified
 34 10 bargaining representative may negotiate, pursuant to chapter
 34 11 20, additional teaching standards and criteria. A local
 34 12 school board and its certified bargaining representative shall
 34 13 negotiate, pursuant to chapter 20, evaluation and grievance
 34 14 procedures for teachers other than beginning teachers that are
 34 15 not in conflict with this chapter.
 34 16    Sec. 43.  Section 284.4, subsection 1, paragraph c,
 34 17 subparagraphs (2) and (5), Code 2017, are amended to read as
 34 18 follows:
 34 19    (2)  Monitor the evaluation requirements of this chapter
 34 20 to ensure evaluations are conducted in a fair and consistent
 34 21 manner throughout the school district or agency. In addition
 34 22 to any negotiated evaluation procedures, The committee shall
 34 23  develop model evidence for the Iowa teaching standards and
 34 24 criteria. The model evidence will minimize paperwork and focus
 34 25 on teacher improvement. The model evidence will determine
 34 26 which standards and criteria can be met with observation and
 34 27 which evidence meets multiple standards and criteria.
 34 28    (5)  Ensure the agreement negotiated pursuant to chapter
 34 29 20 determines Determine the compensation for teachers on the
 34 30 committee for work responsibilities required beyond the normal
 34 31 work day.
 34 32    Sec. 44.  Section 284.8, subsections 2 and 4, Code 2017, are
 34 33 amended to read as follows:
 34 34    2.  If a supervisor or an evaluator determines, at any time,
 34 35 as a result of a teacher's performance that the teacher is not
 35  1 meeting district expectations under the Iowa teaching standards
 35  2 specified in section 284.3, subsection 1, paragraphs "a"
 35  3 through "h", and the criteria for the Iowa teaching standards
 35  4 developed by the department in accordance with section 256.9,
 35  5 subsection 42, and any other standards or criteria established
 35  6 in the collective bargaining agreement, the evaluator shall,
 35  7 at the direction of the teacher's supervisor, recommend to
 35  8 the district that the teacher participate in an intensive
 35  9 assistance program. The intensive assistance program and its
 35 10 implementation are not subject to negotiation and grievance
 35 11 procedures established pursuant to chapter 20. All school
 35 12 districts shall be prepared to offer an intensive assistance
 35 13 program.
 35 14    4.  A teacher who is not meeting the applicable standards and
 35 15 criteria based on a determination made pursuant to subsection 2
 35 16 shall participate in an intensive assistance program.  However,
 35 17 a teacher who has previously participated in an intensive
 35 18 assistance program relating to particular Iowa teaching
 35 19 standards or criteria shall not be entitled to participate
 35 20 in another intensive assistance program relating to the same
 35 21 standards or criteria and shall be subject to the provisions of
 35 22 subsection 5.
 35 23    Sec. 45.  Section 284.8, subsection 3, Code 2017, is amended
 35 24 by striking the subsection.
 35 25    Sec. 46.  Section 284.8, Code 2017, is amended by adding the
 35 26 following new subsection:
 35 27    NEW SUBSECTION.  5.  Following a teacher's participation
 35 28 in an intensive assistance program, the teacher shall be
 35 29 reevaluated to determine whether the teacher successfully
 35 30 completed the intensive assistance program and is meeting
 35 31 district expectations under the applicable Iowa teaching
 35 32 standards or criteria. If the teacher did not successfully
 35 33 complete the intensive assistance program or continues not to
 35 34 meet the applicable Iowa teaching standards or criteria, the
 35 35 board may do any of the following:
 36  1    a.  Terminate the teacher's contract immediately pursuant to
 36  2 section 279.27.
 36  3    b.  Terminate the teacher's contract at the end of the school
 36  4 year pursuant to section 279.15.
 36  5    c.  Continue the teacher's contract for a period not to
 36  6 exceed one year. However, the contract shall not be renewed
 36  7 and shall not be subject to section 279.15.
 36  8    Sec. 47.  REPEAL.  Section 279.17, Code 2017, is repealed.
 36  9    Sec. 48.  EFFECTIVE UPON ENACTMENT.  This division of this
 36 10 Act, being deemed of immediate importance, takes effect upon
 36 11 enactment.
 36 12    Sec. 49.  APPLICABILITY.  This division of this Act applies
 36 13 to employment contracts of school employees entered into
 36 14 pursuant to chapter 279 on and after the effective date of this
 36 15 division of this Act. This division of this Act does not apply
 36 16 to collective bargaining agreements pursuant to chapter 20
 36 17 which have been ratified in a ratification election referred
 36 18 to in section 20.17, subsection 4, for which an arbitrator
 36 19 has made a final determination as described in section 20.22,
 36 20 subsection 11, or which have become effective, where such
 36 21 events occurred before the effective date of this division of
 36 22 this Act. This division of this Act applies to all collective
 36 23 bargaining procedures provided for in chapter 20 occurring on
 36 24 and after the effective date of this division of this Act and
 36 25 collective bargaining agreements pursuant to chapter 20 for
 36 26 which a ratification election referred to in section 20.17,
 36 27 subsection 4, is held, for which an arbitrator makes a final
 36 28 determination as described in section 20.22, subsection 11,
 36 29 or which, unless otherwise provided in this section, become
 36 30 effective on or after the effective date of this division of
 36 31 this Act.
 36 32                          DIVISION III
 36 33           PERSONNEL RECORDS AND SETTLEMENT AGREEMENTS
 36 34    Sec. 50.  Section 22.7, subsection 11, paragraph a,
 36 35 subparagraph (5), Code 2017, is amended to read as follows:
 37  1    (5)  The fact that the individual resigned in lieu of
 37  2 termination, was discharged, or was demoted as the result
 37  3 of a final disciplinary action upon the exhaustion of all
 37  4 applicable contractual, legal, and statutory remedies , and the
 37  5 documented reasons and rationale for the resignation in lieu
 37  6 of termination, the discharge, or the demotion.  For purposes
 37  7 of this subparagraph, "demoted" and "demotion" mean a change
 37  8 of an employee from a position in a given classification to a
 37  9 position in a classification having a lower pay grade.
 37 10    Sec. 51.  NEW SECTION.  22.13A  Personnel settlement
 37 11 agreements ==== state employees ==== confidentiality ==== disclosure.
 37 12    1.  For purposes of this section:
 37 13    a.  "Personnel settlement agreement" means a binding legal
 37 14 agreement between a state employee and the state employee's
 37 15 employer, subject to section 22.13, to resolve a personnel
 37 16 dispute including but not limited to a grievance. "Personnel
 37 17 settlement agreement" does not include an initial decision by
 37 18 a state employee's employer concerning a personnel dispute or
 37 19 grievance.
 37 20    b.  "State employee" means an employee of the state who is
 37 21 an employee of the executive branch as described in sections
 37 22 7E.2 and 7E.5.
 37 23    2.  Personnel settlement agreements shall not contain any
 37 24 confidentiality or nondisclosure provision that attempts to
 37 25 prevent the disclosure of the personnel settlement agreement.
 37 26 In addition, any confidentiality or nondisclosure provision in
 37 27 a personnel settlement agreement is void and unenforceable.
 37 28    3.  The requirements of this section shall not be superseded
 37 29 by any provision of a collective bargaining agreement.
 37 30    4.  All personnel settlement agreements shall be made easily
 37 31 accessible to the public on an internet site maintained as
 37 32 follows:
 37 33    a.  For personnel settlement agreements with an employee of
 37 34 the executive branch, excluding an employee of the state board
 37 35 of regents or institution under the control of the state board
 38  1 of regents, by the department of administrative services.
 38  2    b.  For personnel settlement agreements with an employee of
 38  3 the state board of regents or institution under the control of
 38  4 the state board of regents, by the state board of regents.
 38  5    5.  a.  A state agency shall not enter into a personnel
 38  6 settlement agreement with a state employee on behalf of the
 38  7 state unless the personnel settlement agreement is first
 38  8 reviewed by the attorney general or the attorney general's
 38  9 designee. Additionally, a state agency shall not enter into a
 38 10 personnel settlement agreement with a state employee on behalf
 38 11 of the state unless the agreement has been approved in writing
 38 12 by the following individuals:
 38 13    (1)  For a state agency other than an institution governed
 38 14 by the board of regents, the director of the department of
 38 15 management, the director of the department of administrative
 38 16 services, and the head of the state agency.
 38 17    (2)  For an institution governed by the board of regents, the
 38 18 executive director of the board of regents and the head of the
 38 19 institution.
 38 20    b.  If subparagraph (1) or (2) is not consistent with the
 38 21 provision of a collective bargaining agreement, a state agency
 38 22 shall provide the individuals referenced in this subsection,
 38 23 as applicable, with regular reports regarding any personnel
 38 24 settlement agreements entered into with state employees by the
 38 25 state agency.
 38 26    Sec. 52.  NEW SECTION.  22.15  Personnel records ==== discipline
 38 27 ==== employee notification.
 38 28    A government body that takes disciplinary action against an
 38 29 employee that may result in information described in section
 38 30 22.7, subsection 11, paragraph "a", subparagraph (5), being
 38 31 placed in the employee's personnel record, prior to taking such
 38 32 disciplinary action, shall notify the employee in writing that
 38 33 the information placed in the employee's personnel file as a
 38 34 result of the disciplinary action may become a public record.
 38 35    Sec. 53.  EFFECTIVE UPON ENACTMENT.  This division of this
 39  1 Act, being deemed of immediate importance, takes effect upon
 39  2 enactment.
 39  3    Sec. 54.  APPLICABILITY.  The section of this division of
 39  4 this Act amending section 22.7, subsection 11, applies to all
 39  5 information described in section 22.7, subsection 11, paragraph
 39  6 "a", subparagraph (5), as amended by this division of this Act,
 39  7 relating to information placed in an individual's personnel
 39  8 records on or after the effective date of this division of this
 39  9 Act.
 39 10                           DIVISION IV
 39 11                 CITY CIVIL SERVICE REQUIREMENTS
 39 12    Sec. 55.  Section 400.12, Code 2017, is amended to read as
 39 13 follows:
 39 14    400.12  Seniority.
 39 15    1.  For the purpose of determining the seniority rights
 39 16 of civil service employees employed or appointed as fire
 39 17 fighters or police officers, fire chiefs or police chiefs, or
 39 18 assistant fire chiefs or assistant police chiefs, seniority
 39 19 shall be computed, beginning with the date of appointment to
 39 20 or employment in any positions for which they were certified
 39 21 or otherwise qualified and established as provided in this
 39 22 chapter, but shall not include any period of time exceeding
 39 23 sixty days in any one year during which they were absent from
 39 24 the service except for disability.
 39 25    2.  In the event that a civil service employee employed
 39 26 or appointed as a fire fighter or police officer, fire chief
 39 27 or police chief, or assistant fire chief or assistant police
 39 28 chief has more than one classification or grade, the length of
 39 29 the employee's seniority rights shall date in the respective
 39 30 classifications or grades from and after the time the employee
 39 31 was appointed to or began employment in each classification or
 39 32 grade. In the event that an employee has been promoted from
 39 33 one classification or grade to another, the employee's civil
 39 34 service seniority rights shall be continuous in any department
 39 35 grade or classification that the employee formerly held.
 40  1    3.  A list of all civil service employees employed or
 40  2 appointed as fire fighters or police officers, fire chiefs or
 40  3 police chiefs, or assistant fire chiefs or assistant police
 40  4 chiefs shall be prepared and posted in the city hall by the
 40  5 civil service commission on or before July 1 of each year,
 40  6 indicating the civil service standing of each employee as to
 40  7 the employee's seniority.
 40  8    4.  Seniority rights under this section shall not be
 40  9 applicable to a civil service employee unless the employee is
 40 10 employed or appointed as a fire fighter or police officer, fire
 40 11 chief or police chief, or assistant fire chief or assistant
 40 12 police chief.  Seniority rights under this section shall only
 40 13 accrue during employment or appointment as a fire fighter or
 40 14 police officer, fire chief or police chief, or assistant fire
 40 15 chief or assistant police chief.
 40 16    Sec. 56.  Section 400.17, subsection 4, Code 2017, is amended
 40 17 to read as follows:
 40 18    4.  A person shall not be appointed, denied appointment,
 40 19 promoted, removed, discharged, suspended, or demoted to or
 40 20 from a civil service position or in any other way favored or
 40 21 discriminated against in that position because of political
 40 22 or religious opinions or affiliations, race, national origin,
 40 23 sex, or age, or in retaliation for the exercise of any right
 40 24 enumerated in this chapter. However, the maximum age for a
 40 25 police officer or fire fighter covered by this chapter and
 40 26 employed for police duty or the duty of fighting fires is
 40 27 sixty=five years of age.
 40 28    Sec. 57.  Section 400.18, Code 2017, is amended to read as
 40 29 follows:
 40 30    400.18  Removal, discharge, demotion, or suspension.
 40 31    1.  A person holding civil service rights as provided in this
 40 32 chapter shall not be removed, discharged, demoted, or suspended
 40 33 arbitrarily, except as otherwise provided in this chapter,
 40 34  but may be removed, discharged, demoted, or suspended after a
 40 35 hearing by a majority vote of the civil service commission,
 41  1 for neglect of duty, disobedience, misconduct, or failure
 41  2 to properly perform the person's duties due to any act or
 41  3 failure to act by the employee that is in contravention of
 41  4 law, city policies, or standard operating procedures, or that
 41  5 in the judgment of the person having the appointing power as
 41  6 provided in this chapter, or the chief of police or chief of
 41  7 the fire department, is sufficient to show that the employee is
 41  8 unsuitable or unfit for employment.
 41  9    2.  An employee who is removed, discharged, demoted, or
 41 10 suspended may request a hearing before the civil service
 41 11 commission to review the appointing authority's, police
 41 12 chief's, or fire chief's decision to remove, discharge, demote,
 41 13 or suspend the employee.
 41 14    2.  3.  The party alleging neglect of duty, disobedience,
 41 15 misconduct, or failure to properly perform a duty city shall
 41 16 have the burden of proof to prove that the act or failure to act
 41 17 by the employee was in contravention of law, city policies, or
 41 18 standard operating procedures, or is sufficient to show that
 41 19 the employee is unsuitable or unfit for employment.
 41 20    3.  4.  A person subject to a hearing has the right to
 41 21 be represented by counsel at the person's expense or by the
 41 22 person's authorized collective bargaining representative.
 41 23    5.  A collective bargaining agreement to which a bargaining
 41 24 unit that has a majority of members who are public safety
 41 25 employees as defined in section 20.3 is a party shall provide
 41 26 additional procedures not inconsistent with this section for
 41 27 the implementation of this section.
 41 28    Sec. 58.  Section 400.19, Code 2017, is amended to read as
 41 29 follows:
 41 30    400.19  Removal, or discharge, demotion, or suspension of
 41 31 subordinates.
 41 32    The person having the appointing power as provided in
 41 33 this chapter, or the chief of police or chief of the fire
 41 34 department, may, upon presentation of grounds for such action
 41 35 to the subordinate in writing, peremptorily remove, discharge,
 42  1 demote, or suspend, demote, or discharge a subordinate then
 42  2 under the person's or chief's direction for neglect of duty,
 42  3 disobedience of orders, misconduct, or failure to properly
 42  4 perform the subordinate's duties due to any act or failure
 42  5 to act by the employee that is in contravention of law, city
 42  6 policies, or standard operating procedures, or that in the
 42  7 judgment of the person or chief is sufficient to show that the
 42  8 employee is unsuitable or unfit for employment.
 42  9    Sec. 59.  Section 400.20, Code 2017, is amended to read as
 42 10 follows:
 42 11    400.20  Appeal.
 42 12    The suspension removal, discharge, demotion, or discharge
 42 13  suspension of a person holding civil service rights may be
 42 14 appealed to the civil service commission within fourteen
 42 15 calendar days after the suspension removal, discharge,
 42 16  demotion, or discharge suspension.
 42 17    Sec. 60.  Section 400.21, Code 2017, is amended to read as
 42 18 follows:
 42 19    400.21  Notice of appeal.
 42 20    If the appeal be taken by the person suspended removed,
 42 21 discharged, demoted, or discharged suspended, notice thereof,
 42 22 signed by the appellant and specifying the ruling appealed
 42 23 from, shall be filed with the clerk of commission; if by the
 42 24 person making such suspension removal, discharge, demotion, or
 42 25 discharge suspension, such notice shall also be served upon the
 42 26 person suspended removed, discharged, demoted, or discharged
 42 27  suspended.
 42 28    Sec. 61.  Section 400.22, Code 2017, is amended to read as
 42 29 follows:
 42 30    400.22  Charges.
 42 31    Within fourteen calendar days from the service of the notice
 42 32 of appeal, the person or body making the ruling appealed
 42 33 from shall file with the body to which the appeal is taken a
 42 34 written specification of the charges and grounds upon which the
 42 35 ruling was based. If the charges are not filed, the person
 43  1 suspended or removed, discharged, demoted, or suspended may
 43  2 present the matter to the body to whom the appeal is to be
 43  3 taken by affidavit, setting forth the facts, and the body to
 43  4 whom the appeal is to be taken shall immediately enter an
 43  5 order reinstating the person suspended or removed, discharged,
 43  6 demoted, or suspended for want of prosecution.
 43  7    Sec. 62.  Section 400.27, Code 2017, is amended to read as
 43  8 follows:
 43  9    400.27  Jurisdiction ==== attorney ==== appeal.
 43 10    1.  The civil service commission has jurisdiction to hear
 43 11 and determine matters involving the rights of civil service
 43 12 employees under this chapter, and may affirm, modify, or
 43 13 reverse any case on its merits.
 43 14    2.  The city attorney or solicitor shall be the attorney
 43 15 for the commission or when requested by the commission shall
 43 16 present matters concerning civil service employees to the
 43 17 commission, except the commission may hire a counselor or
 43 18 an attorney on a per diem basis to represent it when in the
 43 19 opinion of the commission there is a conflict of interest
 43 20 between the commission and the city council. The counselor or
 43 21 attorney hired by the commission shall not be the city attorney
 43 22 or solicitor. The city shall pay the costs incurred by the
 43 23 commission in employing an attorney under this section.
 43 24    The city or any civil service employee shall have a right to
 43 25 appeal to the district court from the final ruling or decision
 43 26 of the civil service commission. The appeal shall be taken
 43 27 within thirty days from the filing of the formal decision of
 43 28 the commission. The district court of the county in which the
 43 29 city is located shall have full jurisdiction of the appeal and
 43 30 the said appeal shall be a trial de novo as an equitable action
 43 31 in the district court.
 43 32    The appeal to the district court shall be perfected by filing
 43 33 a notice of appeal with the clerk of the district court within
 43 34 the time prescribed in this section by serving notice of appeal
 43 35 on the clerk of the civil service commission, from whose ruling
 44  1 or decision the appeal is taken.
 44  2    In the event the ruling or decision appealed from is reversed
 44  3 by the district court, the appellant, if it be an employee,
 44  4 shall then be reinstated as of the date of the said suspension,
 44  5 demotion, or discharge and shall be entitled to compensation
 44  6 from the date of such suspension, demotion, or discharge.
 44  7    Sec. 63.  Section 400.28, Code 2017, is amended to read as
 44  8 follows:
 44  9    400.28  Employees ==== number diminished.
 44 10    1.  When the public interest requires A city council may
 44 11 implement a diminution of employees in a classification or
 44 12 grade under civil service, the city council, acting in good
 44 13 faith, may do either of the following:
 44 14    a.  Abolish the office and remove the employee from
 44 15 the employee's classification or grade thereunder.  Such
 44 16 a diminution shall be carried out in accordance with any
 44 17 procedures provided in a collective bargaining agreement to
 44 18 which a bargaining unit that has a majority of members who are
 44 19 public safety employees as defined in section 20.3 is a party,
 44 20 if applicable.
 44 21    b.  Reduce the number of employees in any classification or
 44 22 grade by suspending the necessary number.
 44 23    2.  In case it thus becomes necessary to so remove or suspend
 44 24 any such employees, the persons so removed or suspended shall
 44 25 be those having seniority of the shortest duration in the
 44 26 classifications or grades affected, and such seniority shall be
 44 27 computed as provided in section 400.12 for all persons holding
 44 28 seniority in the classification or grade affected, regardless
 44 29 of their seniority in any other classification or grade, but
 44 30 any such employee so removed from any classification or grade
 44 31 shall revert to the employee's seniority in the next lower
 44 32 grade or classification; if such seniority is equal, then the
 44 33 one less efficient and competent as determined by the person or
 44 34 body having the appointing power shall be the one affected.
 44 35    3.  In case of removal or suspension, the civil service
 45  1 commission shall issue to each person affected one certificate
 45  2 showing the person's comparative seniority or length of service
 45  3 in each of the classifications or grades from which the person
 45  4 is so removed and the fact that the person has been honorably
 45  5 removed. The certificate shall also list each classification
 45  6 or grade in which the person was previously employed. The
 45  7 person's name shall be carried for a period of not less than
 45  8 three years after the suspension or removal on a preferred list
 45  9 and appointments or promotions made during that period to the
 45 10 person's former duties in the classification or grade shall
 45 11 be made in the order of greater seniority from the preferred
 45 12 lists.
 45 13    Sec. 64.  Section 411.1, subsection 14, Code 2017, is amended
 45 14 to read as follows:
 45 15    14.  "Member in good standing" means a member in service who
 45 16 is not subject to removal, discharge, demotion, or suspension
 45 17  by the employing city of the member pursuant to section 400.18
 45 18 or 400.19, or other comparable process, and who is not the
 45 19 subject of an investigation that could lead to such removal,
 45 20 discharge, demotion, or suspension. Except as specifically
 45 21 provided pursuant to section 411.9, a person who is restored
 45 22 to active service for purposes of applying for a pension under
 45 23 this chapter is not a member in good standing.
 45 24    Sec. 65.  SENIORITY RIGHTS ==== APPLICABILITY.   On and after
 45 25 the effective date of this division of this Act, any seniority
 45 26 rights of city civil service employees, including but not
 45 27 limited to seniority accrued, provided pursuant to section
 45 28 400.12, Code 2017, that are not also provided pursuant to
 45 29 section 400.12, as amended by this division of this Act, are
 45 30 extinguished.
 45 31    Sec. 66.  EFFECTIVE UPON ENACTMENT.  This division of this
 45 32 Act, being deemed of immediate importance, takes effect upon
 45 33 enactment.
 45 34                           DIVISION V
 45 35                    HEALTH INSURANCE MATTERS
 46  1    Sec. 67.  NEW SECTION.  70A.41  Public employee health
 46  2 insurance.
 46  3    A public employer shall offer health insurance to all public
 46  4 employees employed by the public employer. All costs of such
 46  5 health insurance shall be determined as otherwise provided
 46  6 by law. For purposes of this section, "public employer" and
 46  7 "public employee" mean the same as defined in section 20.3.
 46  8    Sec. 68.  STATE AND REGENTS EMPLOYEE HEALTH INSURANCE ====
 46  9 OPEN ENROLLMENT PERIOD.  A thirty=day enrollment and change
 46 10 period for health insurance coverage may be established and
 46 11 administered for any employees of the state of Iowa, the state
 46 12 board of regents, or an institution governed by the state board
 46 13 of regents eligible to participate in a health insurance plan
 46 14 offered by the state, state board, or institution pursuant to
 46 15 chapter 509A, if the affected employees are provided written
 46 16 notice of the period at least thirty days before the beginning
 46 17 of the period and if the first day of such a period occurs in
 46 18 calendar year 2017.
 46 19    Sec. 69.  EFFECTIVE UPON ENACTMENT.  This division of this
 46 20 Act, being deemed of immediate importance, takes effect upon
 46 21 enactment.
 46 22                           EXPLANATION
 46 23 The inclusion of this explanation does not constitute agreement with
 46 24 the explanation's substance by the members of the general assembly.
 46 25    This bill relates to employment matters involving public
 46 26 employees including collective bargaining, educator employment
 46 27 matters, personnel records and settlement agreements, and city
 46 28 civil service requirements.
 46 29    DIVISION I ==== PUBLIC EMPLOYEE COLLECTIVE BARGAINING.
 46 30  This division makes a variety of changes to Code chapter
 46 31 20, the public employment relations Act, as well as other
 46 32 Code provisions relating to collective bargaining by public
 46 33 employees.
 46 34    SCOPE OF NEGOTIATIONS.  The division makes changes to
 46 35 mandatory and prohibited subjects which are negotiated through
 47  1 collective bargaining between public employers and public
 47  2 employees under Code section 20.9.
 47  3    Under current law, for negotiations regarding any public
 47  4 employees, mandatory subjects of bargaining are wages, hours,
 47  5 vacations, insurance, holidays, leaves of absence, shift
 47  6 differentials, overtime compensation, supplemental pay,
 47  7 seniority, transfer procedures, job classifications, health and
 47  8 safety matters, evaluation procedures, procedures for staff
 47  9 reduction, in=service training, terms authorizing dues checkoff
 47 10 for members of employee organizations, grievance procedures
 47 11 for resolving any questions arising under the agreement, and
 47 12 other matters mutually agreed upon. Retirement systems are a
 47 13 prohibited subject of bargaining.
 47 14    The division provides that, for negotiations regarding a
 47 15 bargaining unit with a majority of members who are public
 47 16 safety employees, mandatory subjects of bargaining are wages,
 47 17 hours, vacations, insurance, holidays, leaves of absence,
 47 18 shift differentials, overtime compensation, supplemental pay,
 47 19 seniority, transfer procedures, job classifications, health
 47 20 and safety matters, evaluation procedures, procedures for
 47 21 staff reduction, in=service training, grievance procedures
 47 22 for resolving any questions arising under the agreement, and
 47 23 other matters mutually agreed upon. The division provides
 47 24 that, for negotiations regarding a bargaining unit that does
 47 25 not have a majority of members who are public safety employees,
 47 26 the mandatory subjects of bargaining are base wages and
 47 27 other matters mutually agreed upon. Mandatory subjects of
 47 28 negotiation specified in the division shall be interpreted
 47 29 narrowly and restrictively.
 47 30    The division provides that prohibited subjects of bargaining
 47 31 for negotiations regarding any public employees are retirement
 47 32 systems, dues checkoffs, and other payroll deductions for
 47 33 political action committees or other political contributions or
 47 34 political activities. The division provides that prohibited
 47 35 subjects of bargaining negotiations regarding a bargaining unit
 48  1 that does not have a majority of members who are public safety
 48  2 employees shall also include insurance, leaves of absence for
 48  3 political activities, supplemental pay, transfer procedures,
 48  4 evaluation procedures, procedures for staff reduction, release
 48  5 time, subcontracting public services, grievance procedures
 48  6 for resolving any questions arising under the agreement, and
 48  7 seniority and any wage increase, employment benefit, or other
 48  8 employment advantage based on seniority.
 48  9    The division provides that the term of a collective
 48 10 bargaining agreement entered into pursuant to Code chapter 20
 48 11 shall not exceed five years.
 48 12    The division defines "public safety employee" as a public
 48 13 employee who is employed as a sheriff or a sheriff's regular
 48 14 deputy; a marshal or police officer of a city, township, or
 48 15 special=purpose district or authority who is a member of a
 48 16 paid police department; a member, except a non=peace officer
 48 17 member, of the division of state patrol, narcotics enforcement,
 48 18 state fire marshal, or criminal investigation, including but
 48 19 not limited to a gaming enforcement officer, who has been duly
 48 20 appointed by the department of public safety in accordance with
 48 21 Code section 80.15; a conservation officer or park ranger as
 48 22 authorized by Code section 456A.13; or a permanent or full=time
 48 23 fire fighter of a city, township, or special=purpose district
 48 24 or authority who is a member of a paid fire department.  The
 48 25 division defines "supplemental pay" as a payment of moneys
 48 26 or other thing of value that is in addition to compensation
 48 27 received pursuant to any other permitted subject of negotiation
 48 28 specified in Code section 20.9 and is related to the employment
 48 29 relationship.
 48 30    ARBITRATION PROCEDURES.  The division makes changes to the
 48 31 procedures for arbitration of impasses in collective bargaining
 48 32 between public employers and public employees under Code
 48 33 section 20.22.
 48 34    ARBITRATION FACTORS.  The division modifies the factors that
 48 35 an arbitrator is required to consider in addition to any other
 49  1 relevant factors in making a final determination on an impasse
 49  2 item.
 49  3    The division requires an arbitrator to specifically
 49  4 address in the arbitrator's final determination on an impasse
 49  5 item the factors considered by the arbitrator in making the
 49  6 determination.
 49  7    ARBITRATION FACTORS ==== PUBLIC SAFETY EMPLOYEES.  Under the
 49  8 division, an arbitrator in an arbitration to which a bargaining
 49  9 unit that has a majority of members who are public safety
 49 10 employees is a party is required to consider past collective
 49 11 bargaining contracts between the parties including the
 49 12 bargaining that led up to such contracts.
 49 13    The arbitrator is required to consider a comparison of
 49 14 wages, hours, and conditions of employment of the involved
 49 15 public employees with those of other public employees doing
 49 16 comparable work, giving consideration to factors peculiar to
 49 17 the area and the classifications involved.
 49 18    The arbitrator is required to consider the interests and
 49 19 welfare of the public, the ability of the public employer to
 49 20 finance economic adjustments and the effect of such adjustments
 49 21 on the normal standard of services.
 49 22    ARBITRATION FACTORS ==== NONPUBLIC SAFETY EMPLOYEES.  Under
 49 23 the division, an arbitrator in an arbitration to which a
 49 24 bargaining unit that does not have a majority of members who
 49 25 are public safety employees is a party is required to consider
 49 26 a comparison of base wages, hours, and conditions of employment
 49 27 of the involved public employees with those of other public
 49 28 employees doing comparable work, giving consideration to
 49 29 factors peculiar to the area and the classifications involved.
 49 30 To the extent adequate, applicable data is available, the
 49 31 arbitrator is also required to compare base wages, hours, and
 49 32 conditions of employment of the involved public employees
 49 33 with those of private sector employees doing comparable work,
 49 34 giving consideration to factors peculiar to the area and the
 49 35 classifications involved.
 50  1 The arbitrator is required to consider the interests and
 50  2 welfare of the public.
 50  3    The arbitrator is required to consider the financial ability
 50  4 of the employer to meet the cost of an offer in light of the
 50  5 current economic conditions of the public employer. The
 50  6 arbitrator is required to give substantial weight to evidence
 50  7 that the public employer's authority to utilize funds is
 50  8 restricted to special purposes or circumstances by state or
 50  9 federal law, rules, regulations, or grant requirements.
 50 10    The division prohibits the arbitrator from considering
 50 11 past collective bargaining agreements between the parties or
 50 12 bargaining that led to such agreements. The division also
 50 13 prohibits the arbitrator from considering the public employer's
 50 14 ability to fund an award through the increase or imposition of
 50 15 new taxes, fees, or charges, or to develop other sources of
 50 16 revenues.
 50 17    MISCELLANEOUS ARBITRATION MATTERS.  The division permits
 50 18 the parties to agree to change the four=day deadline to serve
 50 19 final offers on impasse items after a request for arbitration
 50 20 is received.
 50 21    The division prohibits the parties to an arbitration from
 50 22 introducing, and the arbitrator from accepting or considering,
 50 23 any direct or indirect evidence regarding any subject excluded
 50 24 from negotiations pursuant to Code section 20.9.
 50 25    Current law requires an arbitrator to select the most
 50 26 reasonable offer, in the arbitrator's judgment, of the
 50 27 final offers on each impasse item submitted by the parties.
 50 28 The division provides that, for an arbitration to which a
 50 29 bargaining unit that does not have a majority of members who
 50 30 are public safety employees is a party, with respect to any
 50 31 increase in base wages, the arbitrator's award shall not exceed
 50 32 the lesser of two percentages in any one=year period in the
 50 33 duration of the bargaining agreement. The percentages are 3
 50 34 percent or a percentage equal to the increase in the consumer
 50 35 price index for all urban consumers (CPI=U) for the midwest
 51  1 region, if any, as determined by the United States department
 51  2 of labor, bureau of labor statistics, or a successor index.
 51  3 The CPI=U percentage shall be the change in the consumer price
 51  4 index for the 12=month period beginning 18 months prior to
 51  5 the month in which the impasse item regarding base wages was
 51  6 submitted to the arbitrator and ending six months prior to
 51  7 the month in which the impasse item regarding base wages was
 51  8 submitted to the arbitrator.
 51  9    The division requires the public employment relations board
 51 10 (PERB) to provide information to the parties regarding the
 51 11 change in the CPI=U for the midwest region for any 12=month
 51 12 period to assist the parties in the preparation of their final
 51 13 offers on an impasse item regarding base wages. The division
 51 14 requires the department of workforce development to assist the
 51 15 PERB in preparing such information upon request.
 51 16    PUBLIC EMPLOYEE ELECTIONS.  The division makes changes to
 51 17 public employee elections conducted pursuant to Code section
 51 18 20.15.
 51 19    CERTIFICATION ELECTIONS.  The division raises the required
 51 20 percentage of support from employees in a bargaining unit
 51 21 required for an employee organization that did not submit
 51 22 a petition for certification as the exclusive bargaining
 51 23 representative of a bargaining unit to be listed on the ballot
 51 24 for a certification election from 10 percent to 30 percent.
 51 25    The division provides that if a majority of employees in
 51 26 a bargaining unit vote for no bargaining representation,
 51 27 the public employees in the bargaining unit shall not be
 51 28 represented by an employee organization. The division provides
 51 29 that if a majority of employees in the bargaining unit vote
 51 30 for a listed employee organization, that employee organization
 51 31 shall represent the public employees in the bargaining unit.
 51 32    The division provides that if none of the choices listed
 51 33 on the ballot receive the vote of a majority of the public
 51 34 employees in the bargaining unit, the public employees in
 51 35 the bargaining unit shall not be represented by an employee
 52  1 organization. Current law requires a runoff election to be
 52  2 held if none of the choices listed on the ballot receive a
 52  3 majority of votes cast.
 52  4    The division prohibits the PERB from considering a petition
 52  5 for certification as the exclusive bargaining representative
 52  6 of a bargaining unit unless a period of two years has
 52  7 elapsed from the date of the last certification election
 52  8 in which an employee organization was not certified as the
 52  9 exclusive representative of that bargaining unit, of the last
 52 10 retention and recertification election in which an employee
 52 11 organization was not retained and recertified as the exclusive
 52 12 representative of that bargaining unit, or of the last
 52 13 decertification election in which an employee organization was
 52 14 decertified as the exclusive representative of that bargaining
 52 15 unit.
 52 16    DECERTIFICATION ELECTIONS.  The division provides that
 52 17 if a majority of the public employees in a bargaining unit
 52 18 vote to decertify the bargaining representative, the PERB,
 52 19 after the period for filing written objections has elapsed,
 52 20 shall immediately decertify the representative and the
 52 21 public employees shall not be represented by an employee
 52 22 organization except pursuant to the filing of a subsequent
 52 23 petition for certification of an employee organization and an
 52 24 election conducted pursuant to such petition. Such written
 52 25 objections and decertifications shall be subject to applicable
 52 26 administrative and judicial review.
 52 27    The division provides that if a majority of the public
 52 28 employees in the bargaining unit do not vote to decertify the
 52 29 bargaining representative, the bargaining representative shall
 52 30 continue to represent the public employees in the bargaining
 52 31 unit.
 52 32    The division prohibits the PERB from considering a petition
 52 33 for decertification of an employee organization unless a
 52 34 bargaining unit's collective bargaining agreement exceeds
 52 35 two years in length. The division also prohibits the PERB
 53  1 from scheduling a decertification election for a bargaining
 53  2 unit within one year of a prior certification, retention and
 53  3 recertification, or decertification election involving the
 53  4 bargaining unit. The division requires the PERB to schedule
 53  5 a decertification election not less than 150 days before the
 53  6 expiration date of the bargaining unit's collective bargaining
 53  7 agreement unless otherwise prohibited by the division.
 53  8    RETENTION AND RECERTIFICATION ELECTIONS.  The division
 53  9 provides for elections to retain and recertify the bargaining
 53 10 representative of a bargaining unit prior to the expiration of
 53 11 the bargaining unit's collective bargaining agreement.  The
 53 12 division provides that the question on the ballot shall be
 53 13 whether the bargaining representative of the public employees
 53 14 in the bargaining unit shall be retained and recertified as
 53 15 the bargaining representative of the public employees in the
 53 16 bargaining unit. For collective bargaining agreements with
 53 17 a June 30 expiration date, the division provides that the
 53 18 election shall occur between June 1 and November 1, both dates
 53 19 included, in the year prior to that expiration date. For
 53 20 collective bargaining agreements with a different expiration
 53 21 date, the division provides that the election shall occur
 53 22 between 365 and 270 days prior to the expiration date.
 53 23    The division provides that if a majority of the public
 53 24 employees in the bargaining unit vote to retain and recertify
 53 25 the representative, the PERB shall retain and recertify the
 53 26 bargaining representative, and the bargaining representative
 53 27 shall continue to represent the public employees in the
 53 28 bargaining unit. The division provides that if a majority
 53 29 of the public employees in the bargaining unit do not vote
 53 30 to retain and recertify the representative, the PERB,
 53 31 after the period for filing written objections has elapsed,
 53 32 shall immediately decertify the representative and the
 53 33 public employees shall not be represented by an employee
 53 34 organization except pursuant to the filing of a subsequent
 53 35 petition for certification of an employee organization and an
 54  1 election conducted pursuant to such petition. Such written
 54  2 objections and decertifications shall be subject to applicable
 54  3 administrative and judicial review.
 54  4    PERB DUTIES.  The division strikes language providing that
 54  5 the PERB shall interpret, apply, and administer the provisions
 54  6 of Code chapter 20. The division instead provides that the
 54  7 PERB shall administer the provisions of Code chapter 20.
 54  8    The division requires the PERB to appoint a certified
 54  9 shorthand reporter to report state employee grievance and
 54 10 discipline resolution proceedings pursuant to Code section
 54 11 8A.415, relating to grievance and discipline resolution
 54 12 procedures under the state employee merit system, and fix a
 54 13 reasonable amount of compensation for such service and for any
 54 14 transcript requested by the PERB, which amounts shall be taxed
 54 15 as other costs.
 54 16    The division authorizes the PERB to contract with a vendor
 54 17 to conduct elections required by Code section 20.15 on behalf
 54 18 of the PERB.  The division requires the PERB to establish fees
 54 19 by rule to cover the cost of such elections. Such fees shall
 54 20 be paid in advance of an election and shall be paid by each
 54 21 employee organization listed on the ballot.
 54 22    STATEWIDE COLLECTIVE BARGAINING AGREEMENTS FOLLOWING A
 54 23 GUBERNATORIAL ELECTION YEAR.  The division prohibits holding
 54 24 a ratification election or requesting arbitration for the
 54 25 negotiation of a proposed, statewide collective bargaining
 54 26 agreement to become effective in the year following a general
 54 27 election in which the governor and certain other elected
 54 28 officials are elected until at least two weeks after the date
 54 29 of the beginning of the term of office of the governor in that
 54 30 year as prescribed in the Iowa Constitution.  The division
 54 31 provides that on and after the beginning of the term of
 54 32 office of the governor in that year as prescribed in the Iowa
 54 33 Constitution, the governor shall have the authority to reject
 54 34 such a proposed statewide collective bargaining agreement. If
 54 35 the governor does so, the division requires the parties to
 55  1 commence collective bargaining in accordance with Code section
 55  2 20.17. The division provides that such negotiation shall be
 55  3 complete not later than March 15 of that year, unless the
 55  4 parties mutually agree to a different deadline. The division
 55  5 requires the PERB to adopt rules providing for alternative
 55  6 deadlines for the completion of the procedures provided in Code
 55  7 sections 20.17, 20.19, 20.20, and 20.22 for negotiation of such
 55  8 statewide collective bargaining agreements in such years, which
 55  9 deadlines may be waived by mutual agreement of the parties.
 55 10    CONFIDENTIAL RECORDS.  The division provides that
 55 11 evidence of public employee support for the retention and
 55 12 recertification of an employee organization that is submitted
 55 13 to the PERB as provided in Code section 20.15 is a confidential
 55 14 record under Code chapter 22, the state open records law. The
 55 15 division also provides that information indicating whether
 55 16 a public employee voted in a certification, retention and
 55 17 recertification, or decertification election, or how the
 55 18 employee voted on any question on a ballot in such an election,
 55 19 is a confidential record.
 55 20    EMPLOYEE ORGANIZATION DUES.  The division strikes current
 55 21 Code section 70A.19, relating to the duration of state payroll
 55 22 deductions for dues of members of employee organizations,
 55 23 and replaces it with new Code section 70A.19. New Code
 55 24 section 70A.19 prohibits the state, a state agency, a regents
 55 25 institution, a board of directors of a school district, a
 55 26 community college, or an area education agency, a county board
 55 27 of supervisors, a governing body of a city, or any other public
 55 28 employer from authorizing or administering a deduction from the
 55 29 salaries or wages of its employees for membership dues to an
 55 30 employee organization.
 55 31    MISCELLANEOUS PROVISIONS RELATING TO PUBLIC EMPLOYEE
 55 32 COLLECTIVE BARGAINING.  The division modifies certain public
 55 33 employer rights provided in Code section 20.7. The division
 55 34 provides that a public employer has the right to evaluate
 55 35 public employees in positions within the public agency.
 56  1 The division strikes language providing that suspension or
 56  2 discharge of a public employee must be for proper cause.
 56  3    The division provides that a public employee has the right
 56  4 under Code section 20.8 to exercise any right or seek any
 56  5 remedy provided by law, including but not limited to Code
 56  6 sections 70A.28 and 70A.29, Code chapter 8A, subchapter IV, and
 56  7 Code chapters 216 and 400. Interfering with public employee
 56  8 rights under Code section 20.8 is a prohibited practice under
 56  9 Code section 20.10. Code section 20.11 provides administrative
 56 10 remedies for violations of Code section 20.10.
 56 11    Language in Code section 20.17, subsection 9, prohibiting a
 56 12 public employee or any employee organization from negotiating
 56 13 or attempting to negotiate directly with a member of the
 56 14 governing board of a public employer if the public employer
 56 15 has appointed or authorized a bargaining representative for
 56 16 the purpose of bargaining with the public employees or their
 56 17 representative is transferred to Code section 20.10.
 56 18    The division increases the amount of time before an employee
 56 19 organization decertified as the exclusive representative of a
 56 20 bargaining unit for violating an injunction against an unlawful
 56 21 strike can be certified again from 12 months to 24 months.
 56 22    Current Code section 20.26, which prohibits employer
 56 23 organizations from making direct or indirect political
 56 24 contributions, specifies that the section shall not be
 56 25 construed to prohibit voluntary contributions by individuals
 56 26 to political parties or candidates. The division provides
 56 27 that such contributions shall not be made through payroll
 56 28 deductions. Current law provides that any person who willfully
 56 29 violates Code section 20.26, or who makes a false statement
 56 30 knowing it to be false, or who knowingly fails to disclose a
 56 31 material fact shall, upon conviction, be subject to a fine of
 56 32 not more than $1,000 or imprisoned for not more than 30 days or
 56 33 shall be subject to both such fine and imprisonment.
 56 34    The division requires the PERB to maintain an internet site
 56 35 that allows searchable access to a database of collective
 57  1 bargaining agreements and other collective bargaining
 57  2 information.
 57  3    The division strikes and replaces Code section 20.30,
 57  4 relating to voluntary reductions in rank by supervisory
 57  5 members of departments or agencies in certain circumstances.
 57  6 Previously, Code section 20.30 prohibited granting a
 57  7 supervisory member employed by any state department or agency
 57  8 a voluntary reduction to a nonsupervisory rank or grade
 57  9 during the six months preceding retirement of the member. The
 57 10 division further provided that a member employed by any state
 57 11 department or agency who retires in less than six months after
 57 12 voluntarily requesting and receiving a reduction in rank or
 57 13 grade from a supervisory to a nonsupervisory position shall be
 57 14 ineligible for a benefit to which the member is entitled as
 57 15 a nonsupervisory member but is not entitled as a supervisory
 57 16 member. The division increases these time periods to 36
 57 17 months.
 57 18    The division provides that a mediator shall not be required
 57 19 to testify in any arbitration proceeding regarding any matters
 57 20 occurring in the course of a mediation.
 57 21    The division strikes language requiring a council, board of
 57 22 waterworks, or other board or commission which establishes a
 57 23 pension and annuity retirement system pursuant to Code chapter
 57 24 412 to negotiate in good faith with a certified employee
 57 25 organization which is the collective bargaining representative
 57 26 of the employees, with respect to the amount or rate of
 57 27 the assessment on the wages and salaries of employees and
 57 28 the method or methods for payment of the assessment by the
 57 29 employees.
 57 30    The division makes additional conforming changes.
 57 31    TRANSITION PROVISIONS.  The division requires parties,
 57 32 mediators, and arbitrators engaging in any collective
 57 33 bargaining procedures provided for in Code chapter 20, Code
 57 34 2017, who have not, before the effective date of the division,
 57 35 completed such procedures, to immediately terminate any such
 58  1 procedures in process as of the effective date of the division.
 58  2 The division provides that a collective bargaining agreement
 58  3 negotiated pursuant to such procedures in process shall not
 58  4 become effective. The division prohibits parties, mediators,
 58  5 and arbitrators from engaging in further collective bargaining
 58  6 procedures except as provided in the division. Such parties,
 58  7 on or after the effective date of the division, may commence
 58  8 collective bargaining in accordance with Code section 20.17, as
 58  9 amended by the division.
 58 10    If such parties include a state public employer and a state
 58 11 employee organization, the division provides that negotiation
 58 12 of a proposed collective bargaining agreement to become
 58 13 effective during the remainder of calendar year 2017 shall be
 58 14 complete not later than March 15, 2017, unless the parties
 58 15 mutually agree to a different deadline. If such parties
 58 16 include public employees represented by a certified employee
 58 17 organization who are employed by a public employer which is a
 58 18 school district, area education agency, or community college,
 58 19 the division provides that negotiation of a proposed collective
 58 20 bargaining agreement to become effective during the remainder
 58 21 of calendar year 2017 shall be complete not later than June
 58 22 30, 2017, unless the parties mutually agree to a different
 58 23 deadline.
 58 24    The division requires the PERB to adopt emergency rules to
 58 25 provide for procedures as deemed necessary to implement these
 58 26 transition provisions. The division provides that such rules
 58 27 shall include but are not limited to alternative deadlines
 58 28 for completion of the procedures provided in sections 20.17
 58 29 and 20.22, as amended by the division, and sections 20.19 and
 58 30 20.20, which deadlines may be waived by mutual agreement of the
 58 31 parties.
 58 32    EFFECTIVE DATE AND APPLICABILITY PROVISIONS.  The division
 58 33 takes effect upon enactment.
 58 34    With the exception of the section of the division amending
 58 35 Code section 20.6, subsection 1, the division does not apply
 59  1 to collective bargaining agreements which have been ratified
 59  2 in a ratification election, for which an arbitrator has made
 59  3 a final determination, or which have become effective, where
 59  4 such events occurred before the effective date of the division.
 59  5 The division applies to all collective bargaining procedures
 59  6 provided for in Code chapter 20 occurring on and after the
 59  7 effective date of the division and collective bargaining
 59  8 agreements for which a ratification election is held, for which
 59  9 an arbitrator makes a final determination, or which, unless
 59 10 otherwise provided in the division, become effective on or
 59 11 after the effective date of the division.
 59 12    The provision of the division amending Code section
 59 13 70A.19 does not apply to dues deductions required by
 59 14 collective bargaining agreements which have been ratified in
 59 15 a ratification election, for which an arbitrator has made a
 59 16 final determination, or which have become effective, where such
 59 17 events occurred before the effective date of the division.
 59 18    The provision of the division enacting Code section 20.15,
 59 19 subsection 2, which provides for retention and recertification
 59 20 elections, does not apply to collective bargaining agreements
 59 21 with expiration dates occurring before April 1, 2018.
 59 22    DIVISION II ==== EDUCATOR EMPLOYMENT MATTERS.  This division
 59 23 makes a variety of changes relating to educator employment
 59 24 matters.
 59 25    TERMINATION OF TEACHER EMPLOYMENT CONTRACTS.  The division
 59 26 makes various changes relating to the termination of teacher
 59 27 employment contracts.
 59 28    The division extends various procedural deadlines
 59 29 regarding private hearings held after a superintendent
 59 30 recommends termination of a teacher's employment contract.
 59 31 The division makes participation in such a private hearing
 59 32 by the superintendent, the superintendent's designated
 59 33 representatives, the teacher's immediate supervisor, the
 59 34 teacher, and the teacher's representatives discretionary on
 59 35 the part of those individuals instead of mandatory. The
 60  1 division strikes a requirement that the school board employ
 60  2 a certified shorthand reporter to keep a record of a private
 60  3 hearing, although the board must still keep a record. The
 60  4 division strikes a requirement that the school board issue
 60  5 subpoenas for witnesses and evidence on behalf of the board and
 60  6 the teacher. The division strikes language providing for a
 60  7 judicial remedy if a witness appears and refuses to testify or
 60  8 to produce required books or papers at a private hearing. The
 60  9 division strikes language authorizing the superintendent and
 60 10 the teacher to file written briefs and arguments with the board
 60 11 at the conclusion of the private hearing. The division strikes
 60 12 language providing deadlines for determining the status of the
 60 13 teacher's contract if the teacher does not request a private
 60 14 hearing.  The division strikes language requiring that the
 60 15 decision of the board include findings of fact and conclusions
 60 16 of law. The division permits a school board which votes to
 60 17 continue a teacher's contract to issue the teacher a one=year,
 60 18 nonrenewable contract.
 60 19    The division repeals Code section 279.17, which permits a
 60 20 teacher to appeal the board's determination to an adjudicator
 60 21 and provides procedures for such appeals. Code language
 60 22 providing for appeal of an adjudicator's decision to district
 60 23 court is modified to allow a teacher to appeal the board's
 60 24 determination to district court.
 60 25    TEACHER PROBATIONARY PERIODS.  The division makes various
 60 26 changes relating to probationary employment of teachers.
 60 27    The division increases from one year to two years the
 60 28 length of a teacher's probationary employment period in a
 60 29 school district if the teacher has successfully completed a
 60 30 probationary period of employment for another school district
 60 31 located in Iowa.
 60 32    The division strikes language providing that requirements
 60 33 for notices of termination, private hearings, and appeals
 60 34 applicable to nonprobationary teachers whose employment
 60 35 contracts are terminated are applicable to probationary
 61  1 teachers whose employment contracts are terminated.  The
 61  2 division provides alternative procedures for the termination of
 61  3 employment contracts of such probationary teachers, including
 61  4 notification procedures and the opportunity to request a
 61  5 private conference with the school board.
 61  6    EXTRACURRICULAR INTERSCHOLASTIC ATHLETIC COACH CONTRACTS.
 61  7  The division makes various changes relating to extracurricular
 61  8 interscholastic athletic coach employment contracts.  The
 61  9 division strikes language providing that wages for such
 61 10 coaches shall be paid pursuant to established or negotiated
 61 11 supplemental pay schedules. The division strikes language
 61 12 providing that employment contracts of such coaches shall be
 61 13 continued automatically in force and effect for equivalent
 61 14 periods and that the termination of such contracts follows
 61 15 procedures similar to those used for teacher contracts. The
 61 16 division provides that employment contracts of such coaches may
 61 17 be terminated prior to their expiration for any lawful reason
 61 18 following an informal, private hearing before the school board.
 61 19 The division provides that the decision of the school board to
 61 20 terminate such a contract is final.
 61 21    SCHOOL ADMINISTRATOR EMPLOYMENT MATTERS.  The division makes
 61 22 various changes relating to school administrator employment
 61 23 matters.
 61 24    The division strikes language providing that the rate of
 61 25 compensation in an administrator's employment contract must be
 61 26 on a weekly or monthly basis.
 61 27    The division permits a school board to issue a temporary
 61 28 employment contract to an administrator for a period of up to
 61 29 nine months.
 61 30    The division strikes language permitting a school board
 61 31 considering the termination of an administrator's contract and
 61 32 the administrator to mutually agree to enter into a one=year,
 61 33 nonrenewable employment contract and instead permits the school
 61 34 board to issue such a contract.
 61 35    The division increases the probationary employment
 62  1 period for administrators from two years to three years
 62  2 and strikes language permitting a school board to waive the
 62  3 probationary period for an administrator who previously served
 62  4 a probationary period in another school district.
 62  5    The division provides that a hearing before an
 62  6 administrative law judge requested by an administrator whose
 62  7 employment contract a school board is considering terminating
 62  8 shall be a private hearing. The division extends certain
 62  9 procedural deadlines relating to such hearings. The division
 62 10 provides that any witnesses for the parties at the hearing
 62 11 shall be sequestered. The division strikes language requiring
 62 12 that the decision of the board include findings of fact and
 62 13 conclusions of law. The division permits a school board which
 62 14 votes to continue an administrator's contract to issue the
 62 15 administrator a one=year, nonrenewable contract.
 62 16    INTENSIVE ASSISTANCE PROGRAMS.  The division makes various
 62 17 changes relating to intensive assistance programs.
 62 18    The division provides that a teacher who has previously
 62 19 participated in an intensive assistance program relating to
 62 20 particular Iowa teaching standards or criteria shall not be
 62 21 entitled to participate in another intensive assistance program
 62 22 relating to the same standards or criteria.  The division
 62 23 provides that following a teacher's participation in an
 62 24 intensive assistance program, the teacher shall be reevaluated
 62 25 to determine whether the teacher successfully completed
 62 26 the intensive assistance program and is meeting district
 62 27 expectations under the applicable Iowa teaching standards or
 62 28 criteria. The division provides that if the teacher did not
 62 29 successfully complete the intensive assistance program or
 62 30 continues not to meet the applicable Iowa teaching standards or
 62 31 criteria, the board may initiate procedures to terminate the
 62 32 teacher's employment contract immediately or at the end of the
 62 33 school year or may continue the teacher's contract for a period
 62 34 not to exceed one year on a nonrenewable basis and without the
 62 35 right to a private hearing.
 63  1 MISCELLANEOUS PROVISIONS RELATING TO EDUCATOR EMPLOYMENT
 63  2 MATTERS.  The division permits a school board to issue a
 63  3 temporary employment contract to a teacher for a period of up
 63  4 to six months.
 63  5    The division provides that just cause for which a teacher
 63  6 may be discharged at any time during the contract year under
 63  7 Code section 279.27 includes but is not limited to a violation
 63  8 of the code of professional conduct and ethics of the board
 63  9 of educational examiners if the board has taken disciplinary
 63 10 action against a teacher, during the six months following
 63 11 issuance by the board of a final written decision and finding
 63 12 of fact after a disciplinary proceeding. Code section 279.27
 63 13 specifies procedures for such discharges.
 63 14    The division strikes language permitting or requiring a
 63 15 school board and its certified bargaining representative to
 63 16 negotiate various matters pursuant to Code chapter 20.
 63 17    The division makes additional conforming changes.
 63 18    EFFECTIVE DATE AND APPLICABILITY PROVISIONS.  The division
 63 19 takes effect upon enactment.
 63 20    The division applies to employment contracts of school
 63 21 employees entered into pursuant to Code chapter 279 on and
 63 22 after the effective date of the division. The division does
 63 23 not apply to collective bargaining agreements pursuant to Code
 63 24 chapter 20 which have been ratified in a ratification election,
 63 25 for which an arbitrator has made a final determination, or
 63 26 which have become effective, where such events occurred before
 63 27 the effective date of the division.  The division applies to
 63 28 all collective bargaining procedures provided for in Code
 63 29 chapter 20 occurring on and after the effective date of the
 63 30 division and collective bargaining agreements pursuant to Code
 63 31 chapter 20 for which a ratification election is held, for which
 63 32 an arbitrator makes a final determination, or which, unless
 63 33 otherwise provided in the division, become effective on or
 63 34 after the effective date of the division.
 63 35    DIVISION III ==== PERSONNEL RECORDS AND SETTLEMENT AGREEMENTS.
 64  1  This division makes changes relating to public employee
 64  2 personnel records and settlement agreements.
 64  3    PERSONNEL RECORDS.  The division amends Code section 22.7,
 64  4 subsection 11, governing personal information in confidential
 64  5 personnel records of government bodies. Code section 22.7,
 64  6 subsection 11, generally provides that personal information in
 64  7 confidential personnel records of government bodies relating
 64  8 to identified or identifiable individuals who are officials,
 64  9 officers, or employees of the government bodies is considered
 64 10 a confidential record. Code section 22.7, subsection 11,
 64 11 paragraph "a", subparagraph (5), provides that certain
 64 12 information relating to such individuals contained in personnel
 64 13 records shall be a public record. Under current law, the fact
 64 14 that an individual was discharged as the result of a final
 64 15 disciplinary action upon the exhaustion of all applicable
 64 16 contractual, legal, and statutory remedies is a public record.
 64 17    Under the division, the fact that, as the result of a
 64 18 disciplinary action, an individual resigned in lieu of
 64 19 termination, was discharged, or was demoted is a public record.
 64 20 The division strikes requirements that such disciplinary
 64 21 action be final and that all applicable contractual, legal,
 64 22 and statutory remedies be exhausted. The division defines
 64 23 "demoted" and "demotion" as a change of an employee from
 64 24 a position in a given classification to a position in a
 64 25 classification having a lower pay grade. This provision
 64 26 applies to all such information relating to resignation in
 64 27 lieu of termination, discharge, or demotion placed in an
 64 28 individual's personnel records on or after the effective date
 64 29 of the division.
 64 30    The division requires a government body that takes
 64 31 disciplinary action against an employee that may result in
 64 32 information described in the division being placed in the
 64 33 employee's personnel record, prior to taking such disciplinary
 64 34 action, to notify the employee in writing that the information
 64 35 placed in the employee's personnel file as a result of the
 65  1 disciplinary action may become a public record.
 65  2    PERSONNEL SETTLEMENT AGREEMENTS.  The division provides that
 65  3 personnel settlement agreements between the state and a state
 65  4 employee shall not contain any confidentiality or nondisclosure
 65  5 provisions that attempt to prevent the disclosure of the
 65  6 personnel settlement agreement. The division provides that
 65  7 any confidentiality or nondisclosure provision in a personnel
 65  8 settlement agreement is not enforceable. The division provides
 65  9 that the requirements of the division shall not be superseded
 65 10 by any collective bargaining agreement. The division provides
 65 11 that personnel settlements shall be made available to the
 65 12 public on an internet site. The division provides that the
 65 13 internet site be maintained by the department of administrative
 65 14 services or board of regents, as applicable, based on the
 65 15 employee covered. The requirements of the division are
 65 16 applicable to employees of the executive branch of government.
 65 17 The division prohibits a state agency from entering into a
 65 18 personnel settlement agreement with a state employee on behalf
 65 19 of the state unless the personnel settlement agreement is first
 65 20 reviewed by certain state officials specified in the division.
 65 21 The division defines a "personnel settlement agreement" as a
 65 22 binding legal agreement between a state employee and the state
 65 23 employee's employer, subject to Code section 22.13 relating to
 65 24 settlement agreements as public records, to resolve a personnel
 65 25 dispute including but not limited to a grievance. A "personnel
 65 26 settlement agreement" does not include an initial decision
 65 27 by an employee's employer concerning a personnel dispute or
 65 28 grievance.
 65 29    EFFECTIVE DATE.  The division takes effect upon enactment.
 65 30    DIVISION IV ==== CITY CIVIL SERVICE REQUIREMENTS.  This
 65 31 division makes a variety of changes relating to city civil
 65 32 service requirements under Code chapter 400.
 65 33    SENIORITY RIGHTS.  The division provides that Code section
 65 34 400.12, which currently establishes seniority rights in
 65 35 employment for all city civil service employees, applies only
 66  1 to city civil service employees employed or appointed as fire
 66  2 fighters or police officers, fire chiefs or police chiefs, or
 66  3 assistant fire chiefs or assistant police chiefs. The division
 66  4 provides that seniority rights under Code section 400.12
 66  5 shall not be applicable to a civil service employee unless
 66  6 the employee is employed or appointed as a fire fighter or
 66  7 police officer, fire chief or police chief, or assistant fire
 66  8 chief or assistant police chief. The division provides that
 66  9 seniority rights under Code section 400.12 shall only accrue
 66 10 during employment or appointment as a fire fighter or police
 66 11 officer, fire chief or police chief, or assistant fire chief
 66 12 or assistant police chief. On and after the effective date
 66 13 of the division, any seniority rights of city civil service
 66 14 employees, including but not limited to seniority accrued,
 66 15 provided pursuant to Code section 400.12, Code 2017, that are
 66 16 not also provided pursuant to Code section 400.12, as amended
 66 17 by the division, are extinguished.
 66 18    ADVERSE EMPLOYMENT ACTIONS ==== GROUNDS AND PROCEDURES.  The
 66 19 division makes changes relating to adverse employment actions
 66 20 taken against city civil service employees.  Current law
 66 21 provides that adverse employment action may be taken against
 66 22 an employee by the employee's appointing authority, police
 66 23 chief, or fire chief, as applicable, for neglect of duty,
 66 24 disobedience, misconduct, or failure to properly perform the
 66 25 employee's duties after a hearing before the city civil service
 66 26 commission.
 66 27    The division instead provides that such action may be
 66 28 taken against an employee due to any act or failure to act by
 66 29 the employee that is in contravention of law, city policies,
 66 30 or standard operating procedures, or that in the judgment
 66 31 of the appointing authority, police chief, or fire chief is
 66 32 sufficient to show that the employee is unsuitable or unfit for
 66 33 employment.
 66 34    The division requires an appointing authority, police
 66 35 chief, or fire chief taking such action to present the grounds
 67  1 for such action to the employee in writing.  The division
 67  2 permits an employee subject to adverse employment action to
 67  3 request a hearing before the civil service commission to review
 67  4 the appointing authority's, police chief's, or fire chief's
 67  5 decision. The division provides that, in such a hearing, the
 67  6 city shall have the burden to prove that the act or failure to
 67  7 act by the employee was in contravention of law, city policies,
 67  8 or standard operating procedures, or is sufficient to show
 67  9 that the employee is unsuitable or unfit for employment. The
 67 10 division provides that a collective bargaining agreement to
 67 11 which a bargaining unit that has a majority of members who are
 67 12 public safety employees as defined in Code section 20.3 is a
 67 13 party shall provide additional procedures not inconsistent with
 67 14 the division for the implementation of these requirements.
 67 15    APPEAL OF CERTAIN CITY CIVIL SERVICE COMMISSION DECISIONS.
 67 16  The division strikes language in Code section 400.27 permitting
 67 17 a city or any civil service employee to appeal a final ruling
 67 18 or decision of a city civil service commission involving the
 67 19 rights of civil service employees under Code chapter 400 to a
 67 20 district court and providing procedures for such appeals.
 67 21    DIMINUTION OF EMPLOYEES.  The division modifies Code
 67 22 section 400.28, which permits a city council to carry out
 67 23 certain procedures to implement a diminution of employees in
 67 24 a classification or grade under civil service when the public
 67 25 interest requires. The division permits a city council to
 67 26 implement a diminution of employees in a classification or
 67 27 grade under civil service and strikes procedural requirements
 67 28 for such diminutions. The division provides that such
 67 29 a diminution shall be carried out in accordance with any
 67 30 procedures provided in a collective bargaining agreement to
 67 31 which a bargaining unit that has a majority of members who are
 67 32 public safety employees as defined in Code section 20.3 is a
 67 33 party, if applicable.
 67 34    MISCELLANEOUS PROVISIONS.  The division generally
 67 35 standardizes terminology relating to adverse employment
 68  1 actions in Code chapter 400. The division generally provides
 68  2 that language referring to removal, discharge, demotion, or
 68  3 suspension from employment as a city civil service employee
 68  4 refers to all four terms.
 68  5    The division makes additional conforming changes.
 68  6    EFFECTIVE DATE.  The division takes effect upon enactment.
 68  7    DIVISION V ==== HEALTH INSURANCE MATTERS.  This division makes
 68  8 changes relating to public employee health insurance.
 68  9    HEALTH INSURANCE ==== OFFER REQUIRED.  The division requires
 68 10 a public employer to offer health insurance to all public
 68 11 employees employed by the public employer. The division
 68 12 provides that all costs of such health insurance shall
 68 13 be determined as otherwise provided by law. The division
 68 14 defines "public employer" as the state of Iowa, its boards,
 68 15 commissions, agencies, departments, and its political
 68 16 subdivisions including school districts and other special
 68 17 purpose districts. The division defines "public employee"
 68 18 as any individual employed by a public employer, with the
 68 19 exclusions enumerated in Code section 20.4.
 68 20    ENROLLMENT AND CHANGE PERIOD.  The division permits a 30=day
 68 21 enrollment and change period for health insurance coverage
 68 22 to be established and administered for any employees of the
 68 23 state of Iowa, the state board of regents, or an institution
 68 24 governed by the state board of regents eligible to participate
 68 25 in a health insurance plan offered by the state, state board,
 68 26 or institution pursuant to Code chapter 509A, if the affected
 68 27 employees are provided written notice of the period at least 30
 68 28 days before the beginning of the period and if the first day of
 68 29 the period occurs in calendar year 2017.
 68 30    The division takes effect upon amendment.
       LSB 1725XS (2) 87
       je/rj
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