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Status: (Introduced - Dead) 2017-02-16 - Withdrawn.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 administerAdminister 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 employeesfor 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.TheFor 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 aftertwelvetwenty=four months 4 29 have elapsed from the effective date of decertification and 4 30 onlyafterif a newcompliance withpetition 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 oftenthirty percent or 5 14 more of the public employees in the appropriate unit. 5 152.b. (1) If a majority of thevotes cast on the 5 16 question ispublic 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 thevotes cast on the question is 5 21public 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. 5 253.(3) If none of the choices on the ballot receive the 5 26 vote of a majority of the public employeesvotingin 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 29the 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 anyparty topublic 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 employeesvotingin 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 33b. 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 15c.A collective bargaining agreement with the state, its 9 16 boards, commissions, departments, and agencies shall be for 9 17 two years.and theThe 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 ofsalary and fringe benefitssubjects 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 newcontractsagreements 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 otherfringe benefits which are 10 2 granted to allsubjects 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 6benefits which are not subject tosubjects 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 6Such 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 grievancemayshall 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.TheFor 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 12d. 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 insectionssection 20.14andor 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 positionand 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 18through 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 andshall 20 25 implementevaluation 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 thantentwenty days and no later thantwentyforty 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 leastfiveten 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 leastthreeseven 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,theand 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 partiesmay 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.NoA 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 shallemploy a certified shorthand reporter 22 16 tokeep 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 10The 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 13a.(1) All pleadings, motions, and intermediate rulings. 23 14b.(2) All evidence received or considered and all other 23 15 submissions. 23 16c.(3) A statement of all matters officially noticed. 23 17d.(4) All questions and offers of proof, objections, and 23 18 rulings thereon. 23 19e.(5) All findings and exceptions. 23 20f.(6) Any decision, opinion, or conclusion by the board. 23 21g.Findings of fact23 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 writingand 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 privateconferencehearing andfindings of fact and 24 5 exceptionswritten 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 byeither partyteacher to court. 24 13 1. Ifeither partya teacher rejects theadjudicator's 24 14board's decision, therejecting partyteacher 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 19other partyboard. Theadjudicatorsecretary 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 theadjudicator's 24 29board'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 thefact findings 24 33decision of the board;, but shall not be bound bythemit. 24 34 The court may affirm theadjudicator'sboard's decision or 24 35 remand to theadjudicator or theboard 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 andincluding 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 boardor 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 boardand the adjudicatorwhen 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 exceedone yeartwo 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 teacheror an alleged 26 28 violation of public employee rights of the teacher under 26 29 section 20.10. 26 30Notwithstanding 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 34If 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 contractpursuant to section 279.27for 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 proceedingofregarding an 28 10 extracurricular contracteither by the board pursuant to 28 11 subsection 2 or pursuant to section 279.27 doesshall 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 compensationper 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 positionand 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,orthe board of 29 11 directorsand the administrator are unable to mutually agree 29 12 to enter intomay issue a one=year nonrenewable contract, 29 13to 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 thantwothree consecutive years are probationary 29 18 administrators. However, a school boardmay 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 boardmay 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 boardthat. The 30 7 board shall then forward the notificationbe forwardedto 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 thantentwenty days and not later thanthirtyforty 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 withintenthirty 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 withinfiveten 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 8and 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 privateconferencehearing 32 22 andfindings of fact and exceptionswritten 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 279.16tothrough 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 negotiationsor grievance procedurespursuant 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 determinesDetermine 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 negotiationand grievance 35 11 procedures establishedpursuant 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 afinaldisciplinary actionupon 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 suspendedafter 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 dutiesdue 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. 41 142.3. Theparty alleging neglect of duty, disobedience, 41 15 misconduct, or failure to properly perform a dutycity shall 41 16 have the burdenof proofto 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. 41 203.4. 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,ordischarge, 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 dischargea subordinate then 42 2 under the person's or chief's directionfor neglect of duty, 42 3 disobedience of orders, misconduct, or failure to properly 42 4 perform the subordinate's dutiesdue 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 Thesuspensionremoval, discharge, demotion, ordischarge 42 13suspension of a person holding civil service rights may be 42 14 appealed to the civil service commission within fourteen 42 15 calendar days after thesuspensionremoval, discharge, 42 16 demotion, ordischargesuspension. 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 personsuspendedremoved, 42 21 discharged, demoted, ordischargedsuspended, 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 suchsuspensionremoval, discharge, demotion, or 42 25dischargesuspension, such notice shall also be served upon the 42 26 personsuspendedremoved, discharged, demoted, ordischarged 42 27suspended. 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 1suspended orremoved, 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 personsuspended orremoved, 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 24The 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 32The 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 2In 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. 44 101.When the public interest requiresA 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 14a.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 21b. Reduce the number of employees in any classification or 44 22 grade by suspending the necessary number.44 232. 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.44 353. 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