Bill Text: IA SF2186 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act concerning employment matters involving public employees including collective bargaining, educator employment matters, personnel records and settlement agreements, city civil service requirements, and health insurance matters, and including effective date, applicability, and transition provisions.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2018-02-07 - Subcommittee: Schultz, Boulton, and Chapman. S.J. 255. [SF2186 Detail]
Download: Iowa-2017-SF2186-Introduced.html
Senate File 2186 - Introduced SENATE FILE BY BOULTON A BILL FOR 1 An Act concerning employment matters involving public employees 2 including collective bargaining, educator employment 3 matters, personnel records and settlement agreements, city 4 civil service requirements, and health insurance matters, 5 and including effective date, applicability, and transition 6 provisions. 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5200XS (11) 87 je/rj PAG LIN 1 1 DIVISION I 1 2 PUBLIC EMPLOYEE COLLECTIVE BARGAINING 1 3 Section 1. Section 20.3, subsections 11 and 13, Code 2018, 1 4 are amended by striking the subsections. 1 5 Sec. 2. Section 20.6, subsection 1, Code 2018, is amended 1 6 to read as follows: 1 7 1.AdministerInterpret, apply, and administer the 1 8 provisions of this chapter. 1 9 Sec. 3. Section 20.6, subsections 6 and 7, Code 2018, are 1 10 amended by striking the subsections. 1 11 Sec. 4. Section 20.7, subsection 2, Code 2018, is amended 1 12 to read as follows: 1 13 2. Hire,evaluate,promote, demote, transfer, assign, and 1 14 retain public employees in positions within the public agency. 1 15 Sec. 5. Section 20.8, subsection 5, Code 2018, is amended by 1 16 striking the subsection. 1 17 Sec. 6. Section 20.9, Code 2018, is amended by striking the 1 18 section and inserting in lieu thereof the following: 1 19 20.9 Scope of negotiations. 1 20 1. The public employer and the employee organization shall 1 21 meet at reasonable times, including meetings reasonably in 1 22 advance of the public employer's budget=making process, to 1 23 negotiate in good faith with respect to but not limited to the 1 24 following: 1 25 a. Wages. 1 26 b. Hours, including the establishment of work shifts and 1 27 schedules and procedures and criteria for assigning work shifts 1 28 and schedules. 1 29 c. Vacations. 1 30 d. Insurance, including the determination of the health 1 31 insurance carrier. 1 32 e. Holidays. 1 33 f. Leaves of absence, including cash payments for 1 34 accumulated leave. 1 35 g. Shift differentials. 2 1 h. Overtime compensation. 2 2 i. Supplemental pay, including payments and benefits which 2 3 are other than wages and are not paid as compensation for or 2 4 conditioned upon the employees' performance of services in 2 5 addition to their regular services to the public employer. 2 6 j. Seniority. 2 7 k. Transfer procedures. 2 8 l. Job classifications. 2 9 m. Health and safety matters. 2 10 n. Evaluation procedures, including the frequency of 2 11 evaluations, the method of evaluation, evaluation forms 2 12 and other evaluation instruments, evaluation criteria, the 2 13 purposes for and use of evaluations, and remedial and employee 2 14 performances improvement plans and procedures. 2 15 o. Procedures for staff reduction. 2 16 p. In=service training. 2 17 q. Preparation time. 2 18 r. Class size. 2 19 s. Discipline and discharge, including grounds for discharge 2 20 and imposition of other discipline, levels and types of 2 21 disciplinary measures, and procedures for resolving disputes. 2 22 t. Work uniforms and equipment and other required work 2 23 clothing and equipment, including allowances for uniforms and 2 24 equipment and other required work clothing and equipment. 2 25 u. Staffing levels. 2 26 v. Retirement systems not excluded from negotiations 2 27 pursuant to subsection 4. 2 28 w. Other terms and conditions of employment except as 2 29 provided in subsection 4. 2 30 2. Negotiations shall also include terms authorizing 2 31 dues checkoff for members of the employee organization and 2 32 grievance procedures for resolving any questions arising under 2 33 the agreement, which shall be embodied in a written agreement 2 34 and signed by the parties. If an agreement provides for dues 2 35 checkoff, a member's dues may be checked off only upon the 3 1 member's written request and the member may terminate the dues 3 2 checkoff at any time by giving thirty days' written notice. 3 3 Such obligation to negotiate in good faith does not compel 3 4 either party to agree to a proposal or make a concession. 3 5 3. Nothing in this section shall diminish the authority 3 6 and power of the department of administrative services, board 3 7 of regents' merit system, Iowa public broadcasting board's 3 8 merit system, or any civil service commission established by 3 9 constitutional provision, statute, charter, or special act to 3 10 recruit employees, prepare, conduct and grade examinations, 3 11 rate candidates in order of their relative scores for 3 12 certification for appointment or promotion or for other matters 3 13 of classification, reclassification or appeal rights in the 3 14 classified service of the public employer served. 3 15 4. The following shall be excluded from the scope of 3 16 negotiations: 3 17 a. All retirement systems established by statute except 3 18 for pension and annuity retirement systems established 3 19 under chapter 412 and except for supplemental and additional 3 20 retirement benefits including severance payments, cash payments 3 21 based on accumulated or unused leave time, and insurance for 3 22 retired employees. 3 23 b. Discharge for teachers who are employed pursuant to 3 24 chapter 279. For purposes of this paragraph, discharge does 3 25 not include procedures and criteria for staff reduction. 3 26 Sec. 7. Section 20.10, subsection 3, paragraph j, Code 2018, 3 27 is amended by striking the paragraph. 3 28 Sec. 8. Section 20.12, subsection 5, Code 2018, is amended 3 29 to read as follows: 3 30 5. If an employee organization or any of its officers 3 31 is held to be in contempt of court for failure to comply 3 32 with an injunction pursuant to this section, or is convicted 3 33 of violating this section, the employee organization shall 3 34 be immediately decertified, shall cease to represent the 3 35 bargaining unit, shall cease to receive any dues by checkoff, 4 1 and may again be certified only aftertwenty=fourtwelve months 4 2 have elapsed from the effective date of decertification and 4 3 onlyifafter a newpetition for certification pursuant to 4 4compliance with section 20.14is filed and a new certification 4 5 election pursuant to section 20.15 is held. The penalties 4 6 provided in this section may be suspended or modified by the 4 7 court, but only upon request of the public employer and only 4 8 if the court determines the suspension or modification is in 4 9 the public interest. 4 10 Sec. 9. Section 20.15, Code 2018, is amended by striking the 4 11 section and inserting in lieu thereof the following: 4 12 20.15 Elections. 4 13 1. Upon the filing of a petition for certification of an 4 14 employee organization, the board shall submit a question to 4 15 the public employees at an election in the bargaining unit 4 16 found appropriate by the board. The question on the ballot 4 17 shall permit the public employees to vote for no bargaining 4 18 representation or for any employee organization which has 4 19 petitioned for certification or which has presented proof 4 20 satisfactory to the board of support of ten percent or more of 4 21 the public employees in the appropriate unit. 4 22 2. If a majority of the votes cast on the question is 4 23 for no bargaining representation, the public employees in 4 24 the bargaining unit found appropriate by the board shall not 4 25 be represented by an employee organization. If a majority 4 26 of the votes cast on the question is for a listed employee 4 27 organization, then that employee organization shall represent 4 28 the public employees in the bargaining unit found appropriate 4 29 by the board. 4 30 3. If none of the choices on the ballot receive the vote 4 31 of a majority of the public employees voting, the board shall 4 32 conduct a runoff election among the two choices receiving the 4 33 greatest number of votes. 4 34 4. Upon written objections filed by any party to the 4 35 election within ten days after notice of the results of 5 1 the election, if the board finds that misconduct or other 5 2 circumstances prevented the public employees eligible to 5 3 vote from freely expressing their preferences, the board may 5 4 invalidate the election and hold a second election for the 5 5 public employees. 5 6 5. Upon completion of a valid election in which the majority 5 7 choice of the employees voting is determined, the board shall 5 8 certify the results of the election and shall give reasonable 5 9 notice of the order to all employee organizations listed on the 5 10 ballot, the public employers, and the public employees in the 5 11 appropriate bargaining unit. 5 12 6. a. A petition for certification as exclusive bargaining 5 13 representative of a bargaining unit shall not be considered 5 14 by the board for a period of one year from the date of the 5 15 noncertification of an employee organization as the exclusive 5 16 bargaining representative of that bargaining unit following a 5 17 certification election. A petition for certification as the 5 18 exclusive bargaining representative of a bargaining unit shall 5 19 also not be considered by the board if the bargaining unit is 5 20 at that time represented by a certified exclusive bargaining 5 21 representative. 5 22 b. A petition for the decertification of the exclusive 5 23 bargaining representative of a bargaining unit shall not be 5 24 considered by the board for a period of one year from the date 5 25 of its certification, or within one year of its continued 5 26 certification following a decertification election, or during 5 27 the duration of a collective bargaining agreement which, for 5 28 purposes of this section, shall be deemed not to exceed two 5 29 years. However, if a petition for decertification is filed 5 30 during the duration of a collective bargaining agreement, the 5 31 board shall award an election under this section not more than 5 32 one hundred eighty days and not less than one hundred fifty 5 33 days prior to the expiration of the collective bargaining 5 34 agreement. If an employee organization is decertified, the 5 35 board may receive petitions under section 20.14, provided that 6 1 no such petition and no election conducted pursuant to such 6 2 petition within one year from decertification shall include as 6 3 a party the decertified employee organization. 6 4 c. A collective bargaining agreement with the state, its 6 5 boards, commissions, departments, and agencies shall be for two 6 6 years. The provisions of a collective bargaining agreement or 6 7 arbitrator's award affecting state employees shall not provide 6 8 for renegotiations which would require the refinancing of 6 9 salary and fringe benefits for the second year of the term of 6 10 the agreement, except as provided in section 20.17, subsection 6 11 6. The effective date of any such agreement shall be July 1 of 6 12 odd=numbered years, provided that if an exclusive bargaining 6 13 representative is certified on a date which will prevent the 6 14 negotiation of a collective bargaining agreement prior to 6 15 July 1 of odd=numbered years for a period of two years, the 6 16 certified collective bargaining representative may negotiate 6 17 a one=year contract with the public employer which shall be 6 18 effective from July 1 of the even=numbered year to July 1 6 19 of the succeeding odd=numbered year when new contracts shall 6 20 become effective. 6 21 Sec. 10. Section 20.17, subsection 8, Code 2018, is amended 6 22 by striking the subsection and inserting in lieu thereof the 6 23 following: 6 24 8. The salaries of all public employees of the state under 6 25 a merit system and all other fringe benefits which are granted 6 26 to all public employees of the state shall be negotiated with 6 27 the governor or the governor's designee on a statewide basis, 6 28 except those benefits which are not subject to negotiations 6 29 pursuant to the provisions of section 20.9. 6 30 Sec. 11. Section 20.17, Code 2018, is amended by adding the 6 31 following new subsection: 6 32 NEW SUBSECTION. 8A. A public employee or any employee 6 33 organization shall not negotiate or attempt to negotiate 6 34 directly with a member of the governing board of a public 6 35 employer if the public employer has appointed or authorized 7 1 a bargaining representative for the purpose of bargaining 7 2 with the public employees or their representative, unless the 7 3 member of the governing board is the designated bargaining 7 4 representative of the public employer. 7 5 Sec. 12. Section 20.22, subsections 2, 3, 7, 9, and 10, Code 7 6 2018, are amended to read as follows: 7 7 2. Each party shall serve its final offer on each of 7 8 the impasse items upon the other party within four days of 7 9 the board's receipt of the request for arbitration, or by a 7 10 deadline otherwise agreed upon by the parties. The parties may 7 11 continue to negotiate all offers until an agreement is reached 7 12 or an award is rendered by the arbitrator. The full costs of 7 13 arbitration under this section shall be shared equally by the 7 14 parties to the dispute. 7 15 3. The submission of the impasse items to the arbitrator 7 16 shall be limited to those items upon which the parties have 7 17 not reached agreement. With respect to each such item, the 7 18 arbitrator's award shall be restricted to the final offers on 7 19 each impasse item submitted by the parties to the arbitrator, 7 20 except as provided in subsection 10, paragraph "b". 7 21 7.For an arbitration involving a bargaining unit that 7 22 has at least thirty percent of members who are public safety 7 23 employees, theThe arbitrator shall considerand specifically 7 24 address in the arbitrator's determination, in addition to any 7 25 other relevant factors, the following factors: 7 26 a. Past collective bargaining contracts between the parties 7 27 including the bargaining that led up to such contracts. 7 28 b. Comparison of wages, hours, and conditions of employment 7 29 of the involved public employees with those of other public 7 30 employees doing comparable work, giving consideration to 7 31 factors peculiar to the area and the classifications involved. 7 32 c. The interests and welfare of the public, the ability of 7 33 the public employer to finance economic adjustments, and the 7 34 effect of such adjustments on the normal standard of services. 7 35 d. The power of the public employer to levy taxes and 8 1 appropriate funds for the conduct of its operations. 8 2 9.a.The arbitrator may administer oaths, examine 8 3 witnesses and documents, take testimony and receive evidence, 8 4 and issue subpoenas to compel the attendance of witnesses and 8 5 the production of records. The arbitrator may petition the 8 6 district court at the seat of government or of the county 8 7 in which the hearing is held to enforce the order of the 8 8 arbitrator compelling the attendance of witnesses and the 8 9 production of records. 8 10b. Except as required for purposes of the consideration of 8 11 the factors specified in subsection 7, paragraphs "a" through 8 12 "c", and subsection 8, paragraph "a", subparagraphs (1) through 8 13 (3), the parties shall not introduce, and the arbitrator 8 14 shall not accept or consider, any direct or indirect evidence 8 15 regarding any subject excluded from negotiations pursuant to 8 16 section 20.9.8 17 10.a.The arbitrator shall select within fifteen 8 18 days after the hearing the most reasonable offer, in the 8 19 arbitrator's judgment, of the final offers on each impasse item 8 20 submitted by the parties. 8 21b. (1) However, for an arbitration involving a bargaining 8 22 unit that does not have at least thirty percent of members who 8 23 are public safety employees, with respect to any increase in 8 24 base wages, the arbitrator's award shall not exceed the lesser 8 25 of the following percentages in any one=year period in the 8 26 duration of the bargaining agreement:8 27(a) Three percent.8 28(b) A percentage equal to the increase in the consumer 8 29 price index for all urban consumers for the midwest region, 8 30 if any, as determined by the United States department of 8 31 labor, bureau of labor statistics, or a successor index. Such 8 32 percentage shall be the change in the consumer price index 8 33 for the twelve=month period beginning eighteen months prior 8 34 to the month in which the impasse item regarding base wages 8 35 was submitted to the arbitrator and ending six months prior to 9 1 the month in which the impasse item regarding base wages was 9 2 submitted to the arbitrator.9 3(2) To assist the parties in the preparation of their final 9 4 offers on an impasse item regarding base wages, the board 9 5 shall provide information to the parties regarding the change 9 6 in the consumer price index for all urban consumers for the 9 7 midwest region for any twelve=month period. The department of 9 8 workforce development shall assist the board in preparing such 9 9 information upon request.9 10 Sec. 13. Section 20.22, subsection 8, Code 2018, is amended 9 11 by striking the subsection. 9 12 Sec. 14. Section 20.26, subsection 4, Code 2018, is amended 9 13 to read as follows: 9 14 4. Nothing in this section shall be construed to prohibit 9 15 voluntary contributions by individuals to political parties 9 16 or candidates, provided that such contributions are not made 9 17 through payroll deductions. 9 18 Sec. 15. Section 20.29, Code 2018, is amended to read as 9 19 follows: 9 20 20.29 Filing agreement == public access== internet site. 9 211. Collective bargaining agreements shall be in writing and 9 22 shall be signed by the parties.9 232. A copy of a collective bargaining agreement entered into 9 24 between a public employer and a certified employee organization 9 25 and made final under this chapter shall be filed with the board 9 26 by the public employer within ten days of the date on which the 9 27 agreement is entered into.9 283.Copies of collective bargaining agreements entered 9 29 into between the state and the state employees' bargaining 9 30 representatives and made final under this chapter shall be 9 31 filed with the secretary of state and be made available to the 9 32 public at cost. 9 334. The board shall maintain an internet site that allows 9 34 searchable access to a database of collective bargaining 9 35 agreements and other collective bargaining information.10 1 Sec. 16. Section 20.30, Code 2018, is amended by striking 10 2 the section and inserting in lieu thereof the following: 10 3 20.30 Supervisory member == no reduction before retirement. 10 4 A supervisory member of any department or agency employed by 10 5 the state of Iowa shall not be granted a voluntary reduction to 10 6 a nonsupervisory rank or grade during the six months preceding 10 7 retirement of the member. A member of any department or agency 10 8 employed by the state of Iowa who retires in less than six 10 9 months after voluntarily requesting and receiving a reduction 10 10 in rank or grade from a supervisory to a nonsupervisory 10 11 position shall be ineligible for a benefit to which the member 10 12 is entitled as a nonsupervisory member but is not entitled as a 10 13 supervisory member. 10 14 The provisions of this section shall be effective during the 10 15 collective bargaining agreement in effect from July 1, 1979, 10 16 to June 30, 1981. 10 17 Sec. 17. Section 20.31, subsection 2, unnumbered paragraph 10 18 1, Code 2018, is amended to read as follows: 10 19 A mediator shall not be required to testify in any judicial, 10 20 administrative,arbitration,or grievance proceeding regarding 10 21 any matters occurring in the course of a mediation, including 10 22 any verbal or written communication or behavior, other than 10 23 facts relating exclusively to the timing or scheduling of 10 24 mediation. A mediator shall not be required to produce or 10 25 disclose any documents, including notes, memoranda, or other 10 26 work product, relating to mediation, other than documents 10 27 relating exclusively to the timing or scheduling of mediation. 10 28 This subsection shall not apply in any of the following 10 29 circumstances: 10 30 Sec. 18. Section 22.7, subsection 69, Code 2018, is amended 10 31 to read as follows: 10 32 69. The evidence of public employee support for 10 33 the certification, retention and recertification,or 10 34 decertification of an employee organization as defined in 10 35 section 20.3 that is submitted to the public employment 11 1 relations board as provided in section 20.14 or 20.15. 11 2 Sec. 19. Section 22.7, subsection 70, Code 2018, is amended 11 3 by striking the subsection. 11 4 Sec. 20. Section 70A.17A, Code 2018, is amended by adding 11 5 the following new subsection: 11 6 NEW SUBSECTION. 3. This section shall not affect a payroll 11 7 deduction elected by a state employee pursuant to section 11 8 70A.19. 11 9 Sec. 21. Section 70A.19, Code 2018, is amended by striking 11 10 the section and inserting in lieu thereof the following: 11 11 70A.19 Duration of state payroll deduction for dues of 11 12 employee organization member. 11 13 A state employee who elects a payroll deduction for 11 14 membership dues to an employee organization pursuant to the 11 15 provisions of a collective bargaining agreement negotiated 11 16 under the provisions of chapter 20 shall maintain the deduction 11 17 for a period of one year or until the expiration of the 11 18 collective bargaining agreement, whichever occurs first. A 11 19 state employee who transfers employment to a position covered 11 20 by a different collective bargaining agreement or who becomes 11 21 a management employee is not subject to this requirement. 11 22 With respect to state employees, this section supersedes the 11 23 provisions of section 20.9 allowing termination of a dues 11 24 checkoff at any time but does not supersede the requirement for 11 25 thirty days' written notice of termination. 11 26 Sec. 22. Section 412.2, subsection 1, Code 2018, is amended 11 27 to read as follows: 11 28 1. From the proceeds of the assessments on the wages 11 29 and salaries of employees, of any such waterworks system, 11 30 or other municipally owned and operated public utility, 11 31 eligible to receive the benefits thereof. Notwithstanding 11 32 any provisions of section 20.9 to the contrary, a council, 11 33 board of waterworks, or other board or commission which 11 34 establishes a pension and annuity retirement system pursuant to 11 35 this chapter, shall negotiate in good faith with a certified 12 1 employee organization as defined in section 20.3, which is the 12 2 collective bargaining representative of the employees, with 12 3 respect to the amount or rate of the assessment on the wages 12 4 and salaries of employees and the method or methods for payment 12 5 of the assessment by the employees. 12 6 Sec. 23. Section 602.1401, subsection 3, paragraph b, Code 12 7 2018, is amended to read as follows: 12 8 b. For purposes of chapter 20, the certified representative, 12 9 which on July 1, 1983, represents employees who become judicial 12 10 branch employees as a result of 1983 Iowa Acts, ch. 186, shall 12 11 remain the certified representative when the employees become 12 12 judicial branch employees and thereafter, unless the public 12 13 employee organization isnot retained and recertified or is12 14 decertified in an election held under section 20.15 or amended 12 15 or absorbed into another certified organization pursuant to 12 16 chapter 20. Collective bargaining negotiations shall be 12 17 conducted on a statewide basis and the certified employee 12 18 organizations which engage in bargaining shall negotiate on a 12 19 statewide basis, although bargaining units shall be organized 12 20 by judicial district. The public employment relations board 12 21 shall adopt rules pursuant to chapter 17A to implement this 12 22 subsection. 12 23 Sec. 24. REPEAL. Sections 20.32 and 20.33, Code 2018, are 12 24 repealed. 12 25 Sec. 25. TRANSITION PROCEDURES == DEADLINE == EMERGENCY 12 26 RULES. 12 27 1. As of the effective date of this division of this Act, 12 28 parties, mediators, and arbitrators engaging in any collective 12 29 bargaining procedures provided for in chapter 20, Code 2018, 12 30 who have not, before the effective date of this division 12 31 of this Act, completed such procedures, shall immediately 12 32 terminate any such procedures in process. A collective 12 33 bargaining agreement negotiated pursuant to such procedures in 12 34 process shall not become effective. Parties, mediators, and 12 35 arbitrators shall not engage in further collective bargaining 13 1 procedures except as provided in this section. Such parties 13 2 shall commence collective bargaining in accordance with section 13 3 20.17, as amended in this division of this Act. Such parties 13 4 shall complete such bargaining not later than June 30, 2018, 13 5 unless the parties mutually agree to a different deadline. 13 6 2. The public employment relations board shall adopt 13 7 emergency rules under section 17A.4, subsection 3, and section 13 8 17A.5, subsection 2, paragraph "b", to provide for procedures 13 9 as deemed necessary to implement the provisions of this section 13 10 and the rules shall be effective immediately upon filing 13 11 unless a later date is specified in the rules. Such rules 13 12 shall include but are not limited to alternative deadlines for 13 13 completion of the procedures provided in sections 20.17 and 13 14 20.22, as amended by this division of this Act, and sections 13 15 20.19 and 20.20, which deadlines may be waived by mutual 13 16 agreement of the parties. 13 17 3. The department of administrative services shall adopt 13 18 emergency rules under section 17A.4, subsection 3, and 13 19 section 17A.5, subsection 2, paragraph "b", to provide for the 13 20 implementation of section 70A.19, as amended by this division 13 21 of this Act, and the rules shall be effective immediately upon 13 22 filing unless a later date is specified in the rules. 13 23 Sec. 26. ELECTIONS == DIRECTIVES TO PUBLIC EMPLOYMENT 13 24 RELATIONS BOARD. 13 25 1. The public employment relations board shall cancel any 13 26 elections scheduled or in process pursuant to section 20.15, 13 27 subsection 2, Code 2018, as of the effective date of this Act. 13 28 2. Notwithstanding section 20.15, subsection 1, paragraph 13 29 "c", Code 2018, the public employment relations board 13 30 shall consider a petition for certification of an employee 13 31 organization as the exclusive representative of a bargaining 13 32 unit for which an employee organization was not retained and 13 33 recertified as the exclusive representative of that bargaining 13 34 unit regardless of the amount of time that has elapsed since 13 35 the retention and recertification election at which an employee 14 1 organization was not retained or recertified. 14 2 Sec. 27. EFFECTIVE DATE. This division of this Act, being 14 3 deemed of immediate importance, takes effect upon enactment. 14 4 Sec. 28. APPLICABILITY. With the exception of the 14 5 section of this division of this Act amending section 20.6, 14 6 subsection 1, this division of this Act does not apply to 14 7 collective bargaining agreements which have been ratified in a 14 8 ratification election referred to in section 20.17, subsection 14 9 4, for which an arbitrator has made a final determination as 14 10 described in section 20.22, subsection 11, or which have become 14 11 effective, where such events occurred before the effective 14 12 date of this division of this Act. This division of this Act 14 13 applies to all collective bargaining procedures provided for in 14 14 chapter 20 occurring on and after the effective date of this 14 15 division of this Act and collective bargaining agreements for 14 16 which a ratification election referred to in section 20.17, 14 17 subsection 4, is held, for which an arbitrator makes a final 14 18 determination as described in section 20.22, subsection 11, or 14 19 which become effective on or after the effective date of this 14 20 division of this Act. 14 21 DIVISION II 14 22 EDUCATOR EMPLOYMENT MATTERS 14 23 Sec. 29. Section 279.13, subsections 2 and 5, Code 2018, are 14 24 amended to read as follows: 14 25 2. The contract shall remain in force and effect for the 14 26 period stated in the contract and shall be automatically 14 27 continued for equivalent periods except as modified or 14 28 terminated by mutual agreement of the board of directors and 14 29 the teacher or asmodified orterminated in accordance with 14 30 the provisions specified in this chapter. A contract shall 14 31 not be offered by the employing board to a teacher under its 14 32 jurisdiction prior to March 15 of any year. A teacher who has 14 33 not accepted a contract for the ensuing school year tendered 14 34 by the employing board may resign effective at the end of the 14 35 current school year by filing a written resignation with the 15 1 secretary of the board. The resignation must be filed not 15 2 later than the last day of the current school year or the date 15 3 specified by the employing board for return of the contract, 15 4 whichever date occurs first. However, a teacher shall not be 15 5 required to return a contract to the board or to resign less 15 6 than twenty=one days after the contract has been offered. 15 7 5. Notwithstanding the other provisions of this section, a 15 8 temporary contract may be issued to a teacherfor a period of 15 9 up to six months. Notwithstanding the other provisions of this 15 10 section, a temporary contract may also be issued to a teacher15 11 to fill a vacancy created by a leave of absence in accordance 15 12 with the provisions of section 29A.28, which contract shall 15 13 automatically terminate upon return from military leave of the 15 14 former incumbent of the teaching position. Temporary contracts 15 15and which contract shall not be subject to the provisions of 15 16 sections 279.15 through 279.19, or section 279.27. A separate 15 17 extracurricular contract issued pursuant to section 279.19A to 15 18 a person issued a temporary contract under this section shall 15 19 automatically terminate with the termination of the temporary 15 20 contract as required under section 279.19A, subsection 8. 15 21 Sec. 30. Section 279.13, subsection 4, unnumbered paragraph 15 22 1, Code 2018, is amended to read as follows: 15 23 For purposes of this section, sections 279.14, 279.15, 15 24 279.16through 279.17, 279.19, and 279.27, unless the context 15 25 otherwise requires, "teacher" includes the following individuals 15 26 employed by a community college: 15 27 Sec. 31. Section 279.14, Code 2018, is amended to read as 15 28 follows: 15 29 279.14 Evaluation criteria and procedures. 15 30 1. The board shall establish evaluation criteria and shall 15 31 implement evaluation procedures. If an exclusive bargaining 15 32 representative has been certified, the board shall negotiate 15 33 in good faith with respect to evaluation procedures pursuant 15 34 to chapter 20. 15 35 2. The determination of standards of performance expected 16 1 of school district personnel shall be reserved as an exclusive 16 2 management right of the school board and shall not be subject 16 3 to mandatory negotiations under chapter 20.Objections 16 4Notwithstanding chapter 20, objections to the procedures, 16 5 use, or content of an evaluation in a teacher termination 16 6 proceeding brought before the school board in a hearing held in 16 7 accordance with section 279.16 or 279.27 shall not be subject 16 8 toanythe grievance procedures negotiated in accordance with 16 9 chapter 20. A school district shall not be obligated to 16 10 process any evaluation grievance after service of a notice and 16 11 recommendation to terminate an individual's continuing teaching 16 12 contract in accordance with this chapter. 16 13 Sec. 32. Section 279.15, subsection 2, paragraph c, Code 16 14 2018, is amended to read as follows: 16 15 c. Within five days of the receipt of the written notice 16 16 that the superintendent is recommending termination of the 16 17 contract, the teacher may request, in writing to the secretary 16 18 of the board, a private hearing with the board. The private 16 19 hearing shall not be subject to chapter 21 and shall be held 16 20 no sooner thantwentyten days and no later thanfortytwenty 16 21 days following the receipt of the request unless the parties 16 22 otherwise agree. The secretary of the board shall notify the 16 23 teacher in writing of the date, time, and location of the 16 24 private hearing, and at leasttenfive days before the hearing 16 25 shall also furnish to the teacher any documentation which 16 26 may be presented to the board at the private hearing and a 16 27 list of persons who may address the board in support of the 16 28 superintendent's recommendation at the private hearing. At 16 29 leastseventhree days before the hearing, the teacher shall 16 30 provide any documentation the teacher expects to present at 16 31 the private hearing, along with the names of any persons who 16 32 may address the board on behalf of the teacher. This exchange 16 33 of information shall be at the time specified unless otherwise 16 34 agreed. 16 35 Sec. 33. Section 279.16, Code 2018, is amended by striking 17 1 the section and inserting in lieu thereof the following: 17 2 279.16 Private hearing == decision == record. 17 3 1. The participants at the private hearing shall be 17 4 at least a majority of the members of the board, their 17 5 legal representatives, if any, the superintendent, the 17 6 superintendent's designated representatives, if any, the 17 7 teacher's immediate supervisor, the teacher, the teacher's 17 8 representatives, if any, and the witnesses for the parties. 17 9 The evidence at the private hearing shall be limited to the 17 10 specific reasons stated in the superintendent's notice of 17 11 recommendation of termination. No participant in the hearing 17 12 shall be liable for any damages to any person if any statement 17 13 at the hearing is determined to be erroneous as long as the 17 14 statement was made in good faith. The superintendent shall 17 15 present evidence and argument on all issues involved and 17 16 the teacher may cross=examine, respond and present evidence 17 17 and argument in the teacher's behalf relevant to all issues 17 18 involved. Evidence may be by stipulation of the parties and 17 19 informal settlement may be made by stipulation, consent, or 17 20 default or by any other method agreed upon by the parties in 17 21 writing. The board shall employ a certified shorthand reporter 17 22 to keep a record of the private hearing. The proceedings 17 23 or any part thereof shall be transcribed at the request of 17 24 either party with the expense of transcription charged to the 17 25 requesting party. 17 26 2. The presiding officer of the board may administer oaths 17 27 in the same manner and with like effect and under the same 17 28 penalties as in the case of magistrates exercising criminal 17 29 or civil jurisdiction. The board shall cause subpoenas to be 17 30 issued for such witnesses and the production of such books 17 31 and papers as either the board or the teacher may designate. 17 32 The subpoenas shall be signed by the presiding officer of the 17 33 board. 17 34 3. In case a witness is duly subpoenaed and refuses to 17 35 attend, or in case a witness appears and refuses to testify 18 1 or to produce required books or papers, the board shall, 18 2 in writing, report such refusal to the district court of 18 3 the county in which the administrative office of the school 18 4 district is located, and the court shall proceed with the 18 5 person or witness as though the refusal had occurred in a 18 6 proceeding legally pending before the court. 18 7 4. The board shall not be bound by common law or statutory 18 8 rules of evidence or by technical or formal rules of procedure, 18 9 but it shall hold the hearing in such manner as is best suited 18 10 to ascertain and conserve the substantial rights of the 18 11 parties. Process and procedure under sections 279.13 to 279.19 18 12 shall be as summary as reasonably may be. 18 13 5. At the conclusion of the private hearing, the 18 14 superintendent and the teacher may file written briefs and 18 15 arguments with the board within three days or such other time 18 16 as may be agreed upon. 18 17 6. If the teacher fails to timely request a private hearing 18 18 or does not appear at the private hearing, the board may 18 19 proceed and make a determination upon the superintendent's 18 20 recommendation. If the teacher fails to timely file a request 18 21 for a private hearing, the determination shall be not later 18 22 than May 31. If the teacher fails to appear at the private 18 23 hearing, the determination shall be not later than five days 18 24 after the scheduled date for the private hearing. The board 18 25 shall convene in open session and by roll call vote determine 18 26 the termination or continuance of the teacher's contract 18 27 and, if the board votes to continue the teacher's contract, 18 28 whether to suspend the teacher with or without pay for a period 18 29 specified by the board. 18 30 7. Within five days after the private hearing, the board 18 31 shall, in executive session, meet to make a final decision 18 32 upon the recommendation and the evidence as herein provided. 18 33 The board shall also consider any written brief and arguments 18 34 submitted by the superintendent and the teacher. 18 35 8. The record for a private hearing shall include: 19 1 a. All pleadings, motions and intermediate rulings. 19 2 b. All evidence received or considered and all other 19 3 submissions. 19 4 c. A statement of all matters officially noticed. 19 5 d. All questions and offers of proof, objections and rulings 19 6 thereon. 19 7 e. All findings and exceptions. 19 8 f. Any decision, opinion, or conclusion by the board. 19 9 g. Findings of fact shall be based solely on the evidence in 19 10 the record and on matters officially noticed in the record. 19 11 9. The decision of the board shall be in writing and shall 19 12 include findings of fact and conclusions of law, separately 19 13 stated. Findings of fact, if set forth in statutory language, 19 14 shall be accompanied by a concise and explicit statement of 19 15 the underlying facts supporting the findings. Each conclusion 19 16 of law shall be supported by cited authority or by reasoned 19 17 opinion. 19 18 10. When the board has reached a decision, opinion, or 19 19 conclusion, it shall convene in open meeting and by roll 19 20 call vote determine the continuance or discontinuance of the 19 21 teacher's contract and, if the board votes to continue the 19 22 teacher's contract, whether to suspend the teacher with or 19 23 without pay for a period specified by the board. The record 19 24 of the private conference and findings of fact and exceptions 19 25 shall be exempt from the provisions of chapter 22. The 19 26 secretary of the board shall immediately mail notice of the 19 27 board's action to the teacher. 19 28 Sec. 34. NEW SECTION. 279.17 Appeal by teacher to 19 29 adjudicator. 19 30 1. If the teacher is no longer a probationary teacher, the 19 31 teacher may, within ten days, appeal the determination of the 19 32 board to an adjudicator by filing a notice of appeal with the 19 33 secretary of the board. The notice of appeal shall contain a 19 34 concise statement of the action which is the subject of the 19 35 appeal, the particular board action appealed from, the grounds 20 1 on which relief is sought and the relief sought. 20 2 2. Within five days following receipt by the secretary 20 3 of the notice of appeal, the board or the board's legal 20 4 representative, if any, and the teacher or the teacher's 20 5 representative, if any, may select an adjudicator who resides 20 6 within the boundaries of the merged area in which the school 20 7 district is located. If an adjudicator cannot be mutually 20 8 agreed upon within the five=day period, the secretary shall 20 9 notify the chairperson of the public employment relations board 20 10 by transmitting the notice of appeal, and the chairperson of 20 11 the public employment relations board shall within five days 20 12 provide a list of five adjudicators to the parties. Within 20 13 three days from receipt of the list of adjudicators, the 20 14 parties shall select an adjudicator by alternately removing a 20 15 name from the list until only one name remains. The person 20 16 whose name remains shall be the adjudicator. The parties shall 20 17 determine by lot which party shall remove the first name from 20 18 the list submitted by the chairperson of the public employment 20 19 relations board. The secretary of the board shall inform the 20 20 chairperson of the public employment relations board of the 20 21 name of the adjudicator selected. 20 22 3. If the teacher does not timely request an appeal to an 20 23 adjudicator, the decision, opinion, or conclusion of the board 20 24 shall become final and binding. 20 25 4. a. Within thirty days after filing the notice of appeal, 20 26 or within further time allowed by the adjudicator, the board 20 27 shall transmit to the adjudicator the original or a certified 20 28 copy of the entire record of the private hearing which may be 20 29 the subject of the petition. By stipulation of the parties 20 30 to review the proceedings, the record of the case may be 20 31 shortened. The adjudicator may require or permit subsequent 20 32 corrections or additions to the shortened record. 20 33 b. The record certified and filed by the board shall be the 20 34 record upon which the appeal shall be heard and no additional 20 35 evidence shall be heard by the adjudicator. In such appeal to 21 1 the adjudicator, especially when considering the credibility 21 2 of witnesses, the adjudicator shall give weight to the fact 21 3 findings of the board but shall not be bound by them. 21 4 5. Before the date set for hearing a petition for review 21 5 of board action, which shall be within ten days after 21 6 receipt of the record unless otherwise agreed or unless the 21 7 adjudicator orders additional evidence be taken before the 21 8 board, application may be made to the adjudicator for leave to 21 9 present evidence in addition to that found in the record of the 21 10 case. If it is shown to the adjudicator that the additional 21 11 evidence is material and that there were good reasons for 21 12 failure to present it in the private hearing before the board, 21 13 the adjudicator may order that the additional evidence be taken 21 14 before the board upon conditions determined by the adjudicator. 21 15 The board may modify its findings and decision in the case by 21 16 reason of the additional evidence and shall file that evidence 21 17 and any modifications, new findings, or decisions, with the 21 18 adjudicator and mail copies of the new findings or decisions 21 19 to the teacher. 21 20 6. The adjudicator may affirm board action or remand to the 21 21 board for further proceedings. The adjudicator shall reverse, 21 22 modify, or grant any appropriate relief from the board action 21 23 if substantial rights of the teacher have been prejudiced 21 24 because the board action is any of the following: 21 25 a. In violation of a board rule or policy or contract. 21 26 b. Unsupported by a preponderance of the competent evidence 21 27 in the record made before the board when that record is viewed 21 28 as a whole. 21 29 c. Unreasonable, arbitrary or capricious or characterized 21 30 by an abuse of discretion or a clearly unwarranted exercise of 21 31 discretion. 21 32 7. The adjudicator shall, within fifteen days after the 21 33 hearing, make a decision and shall give a copy of the decision 21 34 to the teacher and the secretary of the board. The decision 21 35 of the adjudicator shall become the final and binding decision 22 1 of the board unless either party within ten days notifies the 22 2 secretary of the board that the decision is rejected. The 22 3 board may reject the decision by majority roll call vote, in 22 4 open meeting, entered into the minutes of the meeting. The 22 5 board shall immediately notify the teacher of its decision 22 6 by certified mail. The teacher may reject the adjudicator's 22 7 decision by notifying the board's secretary in writing within 22 8 ten days of the filing of such decision. 22 9 8. All costs of the adjudicator shall be shared equally by 22 10 the teacher and the board. 22 11 Sec. 35. Section 279.18, Code 2018, is amended by striking 22 12 the section and inserting in lieu thereof the following: 22 13 279.18 Appeal by either party to court. 22 14 1. If either party rejects the adjudicator's decision, 22 15 the rejecting party shall, within thirty days of the initial 22 16 filing of such decision, appeal to the district court of 22 17 the county in which the administrative office of the school 22 18 district is located. The notice of appeal shall be immediately 22 19 mailed by certified mail to the other party. The adjudicator 22 20 shall transmit to the reviewing court the original or a 22 21 certified copy of the entire record which may be the subject 22 22 of the petition. By stipulation of all parties to the review 22 23 proceedings, the record of such a case may be shortened. A 22 24 party unreasonably refusing to stipulate to limit the record 22 25 may be taxed by the court for the additional cost. The court 22 26 may require or permit subsequent corrections or additions to 22 27 the shortened record. 22 28 2. In proceedings for judicial review of the adjudicator's 22 29 decision, the court shall not hear any further evidence 22 30 but shall hear the case upon the certified record. In such 22 31 judicial review, especially when considering the credibility of 22 32 witnesses, the court shall give weight to the fact findings of 22 33 the board but shall not be bound by them. The court may affirm 22 34 the adjudicator's decision or remand to the adjudicator or the 22 35 board for further proceedings upon conditions determined by the 23 1 court. The court shall reverse, modify, or grant any other 23 2 appropriate relief from the board decision or the adjudicator's 23 3 decision equitable or legal and including declaratory relief 23 4 if substantial rights of the petitioner have been prejudiced 23 5 because the action is any of the following: 23 6 a. In violation of constitutional or statutory provisions. 23 7 b. In excess of the statutory authority of the board or the 23 8 adjudicator. 23 9 c. In violation of a board rule or policy or contract. 23 10 d. Made upon unlawful procedure. 23 11 e. Affected by other error of law. 23 12 f. Unsupported by a preponderance of the competent evidence 23 13 in the record made before the board and the adjudicator when 23 14 that record is viewed as a whole. 23 15 g. Unreasonable, arbitrary or capricious or characterized 23 16 by an abuse of discretion or a clearly unwarranted exercise of 23 17 discretion. 23 18 3. An aggrieved or adversely affected party to the judicial 23 19 review proceeding may obtain a review of any final judgment of 23 20 the district court by appeal to the supreme court. The appeal 23 21 shall be taken as in other civil cases, although the appeal may 23 22 be taken regardless of the amount involved. 23 23 4. For purposes of this section, unless the context 23 24 otherwise requires, "rejecting party" shall include but not be 23 25 limited to an instructor employed by a community college. 23 26 Sec. 36. Section 279.19, Code 2018, is amended by striking 23 27 the section and inserting in lieu thereof the following: 23 28 279.19 Probationary period. 23 29 1. The first three consecutive years of employment of 23 30 a teacher in the same school district are a probationary 23 31 period. However, if the teacher has successfully completed a 23 32 probationary period of employment for another school district 23 33 located in Iowa, the probationary period in the current 23 34 district of employment shall not exceed one year. A board of 23 35 directors may waive the probationary period for any teacher who 24 1 previously has served a probationary period in another school 24 2 district and the board may extend the probationary period for 24 3 an additional year with the consent of the teacher. 24 4 2. a. In the case of the termination of a probationary 24 5 teacher's contract, the provisions of sections 279.15 and 24 6 279.16 shall apply. However, if the probationary teacher is a 24 7 beginning teacher who fails to demonstrate competence in the 24 8 Iowa teaching standards in accordance with chapter 284, the 24 9 provisions of sections 279.17 and 279.18 shall also apply. 24 10 b. The board's decision shall be final and binding unless 24 11 the termination was based upon an alleged violation of a 24 12 constitutionally guaranteed right of the teacher or an alleged 24 13 violation of public employee rights of the teacher under 24 14 section 20.10. 24 15 3. Notwithstanding any provision to the contrary, the 24 16 grievance procedures of section 20.18 relating to job 24 17 performance or job retention shall not apply to a teacher 24 18 during the first two years of the teacher's probationary 24 19 period. However, this subsection shall not apply to a teacher 24 20 who has successfully completed a probationary period in a 24 21 school district in Iowa. 24 22 Sec. 37. Section 279.19A, subsections 1, 2, 7, and 8, Code 24 23 2018, are amended to read as follows: 24 24 1. School districts employing individuals to coach 24 25 interscholastic athletic sports shall issue a separate 24 26 extracurricular contract for each of these sports. An 24 27 extracurricular contract offered under this section shall be 24 28 separate from the contract issued under section 279.13. Wages 24 29 for employees who coach these sports shall be paid pursuant 24 30 to established or negotiated supplemental pay schedules. 24 31 An extracurricular contract shall be in writing, and shall 24 32 state the number of contract days for that sport, the annual 24 33 compensation to be paid, and any other matters as may be 24 34 mutually agreed upon. The contract shall be for a single 24 35 school year. 25 1 2. a. An extracurricular contract shall be continued 25 2 automatically in force and effect for equivalent periods, 25 3 except as modified or terminated by mutual agreement of 25 4 the board of directors and the employee, or terminated in 25 5 accordance with this section. An extracurricular contract 25 6 shall initially be offered by the employing board to an 25 7 individual on the same date that contracts are offered to 25 8 teachers under section 279.13. An extracurricular contract 25 9 may be terminated at the end of a school year pursuant to 25 10 sections 279.15 through 279.19. If the school district offers 25 11 an extracurricular contract for a sport for the subsequent 25 12 school year to an employee who is currently performing 25 13 under an extracurricular contract for that sport, and the 25 14 employee does not wish to accept the extracurricular contract 25 15 for the subsequent year, the employee may resign from the 25 16 extracurricular contract within twenty=one days after it has 25 17 been received. 25 18 b.If the provisions of an extracurricular contract executed 25 19 under this section conflict with a collective bargaining 25 20 agreement negotiated under chapter 20 and effective when the 25 21 extracurricular contract is executed or renewed, the provisions 25 22 of the collective bargaining agreement shall prevailSection 25 23 279.13, subsection 3, applies to this section. 25 24 7. An extracurricular contract may be terminated prior to 25 25 the expiration of that contractfor any lawful reason following 25 26 an informal, private hearing before the board of directors 25 27pursuant to section 279.27.The decision of the board to 25 28 terminate an extracurricular contract shall be final.25 29 8. a. A termination proceeding regarding an extracurricular 25 30 contractshalleither by the board pursuant to subsection 2 or 25 31 pursuant to section 279.27 does not affect a contract issued 25 32 pursuant to section 279.13. 25 33 b. A termination of a contract entered into pursuant to 25 34 section 279.13, or a resignation from that contract by the 25 35 teacher, constitutes an automatic termination or resignation of 26 1 the extracurricular contract in effect between the same teacher 26 2 and the employing school board. 26 3 Sec. 38. Section 279.23, subsection 1, paragraph c, Code 26 4 2018, is amended to read as follows: 26 5 c. Therate ofcompensation per week of five consecutive 26 6 days or month of four consecutive weeks. 26 7 Sec. 39. Section 279.23, subsection 5, Code 2018, is amended 26 8 to read as follows: 26 9 5. Notwithstanding the other provisions of this section, 26 10 a temporary contract may be issued to an administratorfor 26 11 up to nine months. Notwithstanding the other provisions of 26 12 this section, a temporary contract may also be issued to 26 13 an administratorto fill a vacancy created by a leave of 26 14 absence in accordance with the provisions of section 29A.28, 26 15 which contract shall automatically terminate upon return from 26 16 military leave of the former incumbent of the administrator 26 17 position. Temporary contractsand which contract shall not be 26 18 subject to the provisions of sections 279.24 and 279.25. 26 19 Sec. 40. Section 279.24, subsections 2 and 4, Code 2018, are 26 20 amended to read as follows: 26 21 2. If the board of directors is considering termination of 26 22 an administrator's contract, prior to any formal action, the 26 23 board may arrange to meet in closed session, in accordance with 26 24 the provisions of section 21.5, with the administrator and the 26 25 administrator's representative. The board shall review the 26 26 administrator's evaluation, review the reasons for nonrenewal, 26 27 and give the administrator an opportunity to respond. If, 26 28 following the closed session, the board of directors and the 26 29 administrator are unable to mutually agree to a modification 26 30 or termination of the administrator's contract, or the board 26 31 of directorsmay issueand the administrator are unable to 26 32 mutually agree to enter into a one=year, nonrenewable contract, 26 33totheadministrator. If theboard of directorsdecides to 26 34 terminate the administrator's contract, the boardshall follow 26 35 the procedures in this section. 27 1 4. Administrators employed in a school district for 27 2 less thanthreetwo consecutive years are probationary 27 3 administrators. However, a school board may waive the 27 4 probationary period for any administrator who has previously 27 5 served a probationary period in another school district and 27 6 the school board may extend the probationary period for an 27 7 additional year with the consent of the administrator. If a 27 8 school board determines that it should terminate a probationary 27 9 administrator's contract, the school board shall notify the 27 10 administrator not later than May 15 that the contract will not 27 11 be renewed beyond the current year. The notice shall be in 27 12 writing by letter, personally delivered, or mailed by certified 27 13 mail. The notification shall be complete when received by the 27 14 administrator. Within ten days after receiving the notice, the 27 15 administrator may request a private conference with the school 27 16 board to discuss the reasons for termination. The school 27 17 board's decision to terminate a probationary administrator's 27 18 contract shall be final unless the termination was based upon 27 19 an alleged violation of a constitutionally guaranteed right of 27 20 the administrator. 27 21 Sec. 41. Section 279.24, subsection 5, paragraphs c, d, e, 27 22 f, g, and h, Code 2018, are amended to read as follows: 27 23 c. Within five days after receipt of the written notice 27 24 that the school board has voted to consider termination of 27 25 the contract, the administrator may requesta private hearing27 26 in writing to the secretary of the school board. The board 27 27 shall then forwardthat the notification be forwarded to the 27 28 board of educational examiners along with a request that the 27 29 board of educational examiners submit a list of five qualified 27 30 administrative law judges to the parties. Within three 27 31 days from receipt of the list the parties shall select an 27 32 administrative law judge by alternately removing a name from 27 33 the list until only one name remains. The person whose name 27 34 remains shall be the administrative law judge. The parties 27 35 shall determine by lot which party shall remove the first 28 1 name from the list. Theprivatehearing shall be held no 28 2 sooner thantwentyten days and not later thanfortythirty 28 3 days following the administrator's request unless the parties 28 4 otherwise agree. If the administrator does not request a 28 5privatehearing, the school board, not later than May 31, may 28 6 determine the continuance or discontinuance of the contract 28 7 and, if the board determines to continue the administrator's 28 8 contract, whether to suspend the administrator with or without 28 9 pay for a period specified by the board. School board action 28 10 shall be by majority roll call vote entered on the minutes of 28 11 the meeting. Notice of school board action shall be personally 28 12 delivered or mailed to the administrator. 28 13 d. The administrative law judge selected shall notify 28 14 the secretary of the school board and the administrator in 28 15 writing concerning the date, time, and location of theprivate28 16 hearing. The school board may be represented by a legal 28 17 representative, if any, and the administrator shall appear and 28 18 may be represented by counsel or by representative, if any. 28 19Any witnesses for the parties at the private hearing shall be 28 20 sequestered.A transcript or recording shall be made of the 28 21 proceedings at theprivatehearing. A school board member or 28 22 administrator is not liable for any damage to an administrator 28 23 or school board member if a statement made at theprivate28 24 hearing is determined to be erroneous as long as the statement 28 25 was made in good faith. 28 26 e. The administrative law judge shall, within ten days 28 27 following the date of theprivatehearing, make a proposed 28 28 decision as to whether or not the administrator should be 28 29 dismissed, and shall give a copy of the proposed decision to 28 30 the administrator and the school board. Findings of fact shall 28 31 be prepared by the administrative law judge. The proposed 28 32 decision of the administrative law judge shall become the final 28 33 decision of the school board unless withinthirtyten days 28 34 after the filing of the decision the administrator files a 28 35 written notice of appeal with the school board, or the school 29 1 board on its own motion determines to review the decision. 29 2 f. If the administrator appeals to the school board, or if 29 3 the school board determines on its own motion to review the 29 4 proposed decision of the administrative law judge, a private 29 5 hearing shall be held before the school board withintenfive 29 6 days after the petition for review, or motion for review, has 29 7 been made or at such other time as the parties agree. The 29 8 private hearing is not subject to chapter 21. The school board 29 9 may hear the case de novo upon the record as submitted before 29 10 the administrative law judge. In cases where there is an 29 11 appeal from a proposed decision or where a proposed decision 29 12 is reviewed on motion of the school board, an opportunity 29 13 shall be afforded to each party to file exceptions, present 29 14 briefs, and present oral arguments to the school board which 29 15 is to render the final decision. The secretary of the school 29 16 board shall give the administrator written notice of the time, 29 17 place, and date of theprivatehearing. The school board shall 29 18 meet within five days after theprivatehearing to determine 29 19 the question of continuance or discontinuance of the contract 29 20 and, if the board determines to continue the administrator's 29 21 contract, whether to suspend the administrator with or 29 22 without pay for a period specified by the boardor issue the 29 23 administrator a one=year, nonrenewable contract. The school 29 24 board shall make findings of fact which shall be based solely 29 25 on the evidence in the record and on matters officially noticed 29 26 in the record. 29 27 g. The decision of the school board shall be in writing 29 28 and shall include findings of fact and conclusions of law, 29 29 separately stated. Findings of fact, if set forth in statutory 29 30 language, shall be accompanied by a concise and explicit 29 31 statement of the underlying facts supporting the findings. 29 32 Each conclusion of law shall be supported by cited authority 29 33 or by reasoned opinion. 29 34 h. When the school board has reached a decision, opinion, 29 35 or conclusion, it shall convene in open meeting and by roll 30 1 call vote determine the continuance or discontinuance of 30 2 the administrator's contract and, if the board votes to 30 3 continue the administrator's contract, whether to suspend the 30 4 administrator with or without pay for a period specified by 30 5 the boardor issue the administrator a one=year, nonrenewable 30 6 contract. The record of the privatehearingconference and 30 7written decision of the boardfindings of fact and exceptions 30 8 shall be exempt from the provisions of chapter 22. The 30 9 secretary of the school board shall immediately personally 30 10 deliver or mail notice of the school board's action to the 30 11 administrator. 30 12 Sec. 42. Section 279.27, Code 2018, is amended to read as 30 13 follows: 30 14 279.27 Discharge of teacher. 30 151.A teacher may be discharged at any time during the 30 16 contract year for just cause. The superintendent or the 30 17 superintendent's designee, shall notify the teacher immediately 30 18 that the superintendent will recommend in writing to the board 30 19 at a regular or special meeting of the board held not more 30 20 than fifteen days after notification has been given to the 30 21 teacher that the teacher's continuing contract be terminated 30 22 effective immediately following a decision of the board. 30 23 The procedure for dismissal shall be as provided in section 30 24 279.15, subsection 2, and sections 279.16 through 279.19. The 30 25 superintendent may suspend a teacher under this section pending 30 26 hearing and determination by the board. 30 272. For purposes of this section, "just cause" includes 30 28 but is not limited to a violation of the code of professional 30 29 conduct and ethics of the board of educational examiners if 30 30 the board has taken disciplinary action against a teacher, 30 31 during the six months following issuance by the board of a 30 32 final written decision and finding of fact after a disciplinary 30 33 proceeding.30 34 Sec. 43. Section 284.3, subsection 2, Code 2018, is amended 30 35 to read as follows: 31 1 2. A school board shall provide for the following: 31 2 a. For purposes of comprehensive evaluations, standards 31 3 and criteria which measure a beginning teacher's performance 31 4 against the Iowa teaching standards specified in subsection 1, 31 5 and the criteria for the Iowa teaching standards developed by 31 6 the department in accordance with section 256.9, to determine 31 7 whether the teacher's practice meets the requirements specified 31 8 for a career teacher. These standards and criteria shall be 31 9 set forth in an instrument provided by the department. The 31 10 comprehensive evaluation and instrument are not subject to 31 11 negotiations or grievance procedures pursuant to chapter 20 or 31 12 determinations made by the board of directors under section 31 13 279.14. A local school board and its certified bargaining 31 14 representative may negotiate, pursuant to chapter 20, 31 15 evaluation and grievance procedures for beginning teachers that 31 16 are not in conflict with this chapter. If, in accordance with 31 17 section 279.19, a beginning teacher appeals the determination 31 18 of a school board to an adjudicator under section 279.17, the 31 19 adjudicator selected shall have successfully completed training 31 20 related to the Iowa teacher standards, the criteria adopted 31 21 by the state board in accordance with subsection 3, and any 31 22 additional training required under rules adopted by the public 31 23 employment relations board in cooperation with the state board. 31 24 b. For purposes of performance reviews for teachers other 31 25 than beginning teachers, evaluations that contain, at a 31 26 minimum, the Iowa teaching standards specified in subsection 31 27 1, as well as the criteria for the Iowa teaching standards 31 28 developed by the department in accordance with section 31 29 256.9, subsection 42. A local school board and its certified 31 30 bargaining representative may negotiate, pursuant to chapter 31 31 20, additional teaching standards and criteria. A local 31 32 school board and its certified bargaining representative shall 31 33 negotiate, pursuant to chapter 20, evaluation and grievance 31 34 procedures for teachers other than beginning teachers that are 31 35 not in conflict with this chapter. 32 1 Sec. 44. Section 284.4, subsection 1, paragraph b, 32 2 subparagraphs (2) and (5), Code 2018, are amended to read as 32 3 follows: 32 4 (2) Monitor the evaluation requirements of this chapter 32 5 to ensure evaluations are conducted in a fair and consistent 32 6 manner throughout the school district or agency.The committee 32 7 shallIn addition to any negotiated evaluation procedures, 32 8 develop model evidence for the Iowa teaching standards and 32 9 criteria. The model evidence will minimize paperwork and focus 32 10 on teacher improvement. The model evidence will determine 32 11 which standards and criteria can be met with observation and 32 12 which evidence meets multiple standards and criteria. 32 13 (5)DetermineEnsure the agreement negotiated pursuant to 32 14 chapter 20 determines the compensation for teachers on the 32 15 committee for work responsibilities required beyond the normal 32 16 work day. 32 17 Sec. 45. Section 284.8, subsections 2 and 3, Code 2018, are 32 18 amended to read as follows: 32 19 2. If a supervisor or an evaluator determines, at any time, 32 20 as a result of a teacher's performance that the teacher is not 32 21 meeting district expectations under the Iowa teaching standards 32 22 specified in section 284.3, subsection 1, paragraphs "a" 32 23 through "h",andthe criteria for the Iowa teaching standards 32 24 developed by the department in accordance with section 256.9, 32 25 subsection 42, and any other standards or criteria established 32 26 in the collective bargaining agreement, the evaluator shall, 32 27 at the direction of the teacher's supervisor, recommend to 32 28 the district that the teacher participate in an intensive 32 29 assistance program. The intensive assistance program and its 32 30 implementation arenotsubject to negotiation and grievance 32 31 procedures established pursuant to chapter 20. All school 32 32 districts shall be prepared to offer an intensive assistance 32 33 program. 32 34 3. A teacher who is not meeting the applicable standards and 32 35 criteria based on a determination made pursuant to subsection 2 33 1 shall participate in an intensive assistance program.However, 33 2 a teacher who has previously participated in an intensive 33 3 assistance program relating to particular Iowa teaching 33 4 standards or criteria shall not be entitled to participate 33 5 in another intensive assistance program relating to the same 33 6 standards or criteria and shall be subject to the provisions of 33 7 subsection 4.33 8 Sec. 46. Section 284.8, Code 2018, is amended by adding the 33 9 following new subsection: 33 10 NEW SUBSECTION. 2A. If a teacher is denied advancement 33 11 to the career II or advanced teacher level based upon a 33 12 performance review, the teacher may appeal the decision to an 33 13 adjudicator under the process established under section 279.17. 33 14 However, the decision of the adjudicator is final. 33 15 Sec. 47. Section 284.8, subsection 4, Code 2018, is amended 33 16 by striking the subsection. 33 17 Sec. 48. EFFECTIVE DATE. This division of this Act, being 33 18 deemed of immediate importance, takes effect upon enactment. 33 19 Sec. 49. APPLICABILITY. This division of this Act applies 33 20 to employment contracts of school employees entered into 33 21 pursuant to chapter 279 on and after the effective date of 33 22 this division of this Act. This division of this Act does 33 23 not apply to collective bargaining agreements which have been 33 24 ratified in a ratification election referred to in section 33 25 20.17, subsection 4, for which an arbitrator has made a final 33 26 determination as described in section 20.22, subsection 11, 33 27 or which have become effective, where such events occurred 33 28 before the effective date of this division of this Act. This 33 29 division of this Act applies to all collective bargaining 33 30 procedures provided for in chapter 20 occurring on and after 33 31 the effective date of this division of this Act and collective 33 32 bargaining agreements pursuant to chapter 20 for which a 33 33 ratification election referred to in section 20.17, subsection 33 34 4, is held, for which an arbitrator makes a final determination 33 35 as described in section 20.22, subsection 11, or which become 34 1 effective on or after the effective date of this division of 34 2 this Act. 34 3 DIVISION III 34 4 PERSONNEL RECORDS AND SETTLEMENT AGREEMENTS 34 5 Sec. 50. Section 22.7, subsection 11, paragraph a, 34 6 subparagraph (5), Code 2018, is amended to read as follows: 34 7 (5) The fact that the individualresigned in lieu of 34 8 termination,was discharged, or was demotedas the result of 34 9 a final disciplinary action, and the documented reasons and 34 10 rationale for the resignation in lieu of termination, the 34 11 discharge, or the demotion. For purposes of this subparagraph, 34 12 "demoted" and "demotion" mean a change of an employee from 34 13 a position in a given classification to a position in a 34 14 classification having a lower pay gradeupon the exhaustion of 34 15 all applicable contractual, legal, and statutory remedies. 34 16 Sec. 51. REPEAL. Sections 22.13A and 22.15, Code 2018, are 34 17 repealed. 34 18 Sec. 52. EFFECTIVE DATE. This division of this Act, being 34 19 deemed of immediate importance, takes effect upon enactment. 34 20 Sec. 53. APPLICABILITY. This division of this Act applies 34 21 to requests for records pursuant to chapter 22 submitted on or 34 22 after the effective date of this division of this Act. 34 23 DIVISION IV 34 24 CITY CIVIL SERVICE REQUIREMENTS 34 25 Sec. 54. Section 400.12, subsection 4, Code 2018, is amended 34 26 by striking the subsection. 34 27 Sec. 55. Section 400.17, subsection 4, Code 2018, is amended 34 28 to read as follows: 34 29 4. A person shall not be appointed, denied appointment, 34 30 promoted,removed,discharged,suspended,or demoted to or 34 31 from a civil service position or in any other way favored or 34 32 discriminated against in that position because of political 34 33 or religious opinions or affiliations, race, national origin, 34 34 sex, or age, or in retaliation for the exercise of any right 34 35 enumerated in this chapter. However, the maximum age for a 35 1 police officer or fire fighter covered by this chapter and 35 2 employed for police duty or the duty of fighting fires is 35 3 sixty=five years of age. 35 4 Sec. 56. Section 400.18, Code 2018, is amended by striking 35 5 the section and inserting in lieu thereof the following: 35 6 400.18 Removal, demotion, or suspension. 35 7 1. A person holding civil service rights as provided in 35 8 this chapter shall not be removed, demoted, or suspended 35 9 arbitrarily, except as otherwise provided in this chapter, but 35 10 may be removed, demoted, or suspended after a hearing by a 35 11 majority vote of the civil service commission, for neglect of 35 12 duty, disobedience, misconduct, or failure to properly perform 35 13 the person's duties. 35 14 2. The party alleging neglect of duty, disobedience, 35 15 misconduct, or failure to properly perform a duty shall have 35 16 the burden of proof. 35 17 3. A person subject to a hearing has the right to be 35 18 represented by counsel at the person's expense or by the 35 19 person's authorized collective bargaining representative. 35 20 Sec. 57. Section 400.19, Code 2018, is amended to read as 35 21 follows: 35 22 400.19 Removal,or discharge, demotion, or suspensionof 35 23 subordinates. 35 24 The person having the appointing power as provided in 35 25 this chapter, or the chief of police or chief of the fire 35 26 department, may, upon presentation of grounds for such action 35 27 to the subordinate in writing,peremptorilyremove, discharge, 35 28 demote, orsuspend, demote, or discharge a subordinate then 35 29 under the person's or chief's directiondue to any act or 35 30 failure to act by the employee that is in contravention of law, 35 31 city policies, or standard operating procedures, or that in 35 32 the judgment of the person or chief is sufficient to show that 35 33 the employee is unsuitable or unfit for employmentfor neglect 35 34 of duty, disobedience of orders, misconduct, or failure to 35 35 properly perform the subordinate's duties. 36 1 Sec. 58. Section 400.20, Code 2018, is amended to read as 36 2 follows: 36 3 400.20 Appeal. 36 4 Theremoval, dischargesuspension, demotion, orsuspension 36 5discharge of a person holding civil service rights may be 36 6 appealed to the civil service commission within fourteen 36 7 calendar days after theremoval, dischargesuspension, 36 8 demotion, orsuspensiondischarge. 36 9 Sec. 59. Section 400.21, Code 2018, is amended to read as 36 10 follows: 36 11 400.21 Notice of appeal. 36 12 If the appeal be taken by the personremoved, discharged 36 13suspended, demoted, orsuspendeddischarged, notice thereof, 36 14 signed by the appellant and specifying the ruling appealed 36 15 from, shall be filed with the clerk of the commission; if by 36 16 the person making suchremoval, dischargesuspension, demotion, 36 17 orsuspensiondischarge, such notice shall also be served upon 36 18 the personremoved, dischargedsuspended, demoted, orsuspended 36 19discharged. 36 20 Sec. 60. Section 400.22, Code 2018, is amended to read as 36 21 follows: 36 22 400.22 Charges. 36 23 Within fourteen calendar days from the service of the notice 36 24 of appeal, the person or body making the ruling appealed 36 25 from shall file with the body to which the appeal is taken a 36 26 written specification of the charges and grounds upon which the 36 27 ruling was based. If the charges are not filed, the person 36 28removed,suspended or discharged, demoted, or suspendedmay 36 29 present the matter to the body to whom the appeal is to be 36 30 taken by affidavit, setting forth the facts, and the body to 36 31 whom the appeal is to be taken shall immediately enter an 36 32 order reinstating the personremoved,suspended or discharged, 36 33 demoted, or suspendedfor want of prosecution. 36 34 Sec. 61. Section 400.27, subsection 3, Code 2018, is amended 36 35 to read as follows: 37 1 3. The city or any civil service employee shall have a 37 2 right to appeal to the district court from the final ruling or 37 3 decision of the civil service commission. The appeal shall be 37 4 taken within thirty days from the filing of the formal decision 37 5 of the commission. The district court of the county in which 37 6 the city is located shall have full jurisdiction of the appeal. 37 7The scope of review for the appeal shall be limited to de novo 37 8 appellate review without a trial or additional evidenceThe 37 9 appeal shall be a trial de novo as an equitable action in the 37 10 district court. 37 11 Sec. 62. Section 400.28, Code 2018, is amended by striking 37 12 the section and inserting in lieu thereof the following: 37 13 400.28 Employees == number diminished. 37 14 1. When the public interest requires a diminution of 37 15 employees in a classification or grade under civil service, 37 16 the city council, acting in good faith, may do either of the 37 17 following: 37 18 a. Abolish the office and remove the employee from the 37 19 employee's classification or grade thereunder. 37 20 b. Reduce the number of employees in any classification or 37 21 grade by suspending the necessary number. 37 22 2. In case it thus becomes necessary to so remove or suspend 37 23 any such employees, the persons so removed or suspended shall 37 24 be those having seniority of the shortest duration in the 37 25 classifications or grades affected, and such seniority shall be 37 26 computed as provided in section 400.12 for all persons holding 37 27 seniority in the classification or grade affected, regardless 37 28 of their seniority in any other classification or grade, but 37 29 any such employee so removed from any classification or grade 37 30 shall revert to the employee's seniority in the next lower 37 31 grade or classification; if such seniority is equal, then the 37 32 one less efficient and competent as determined by the person or 37 33 body having the appointing power shall be the one affected. 37 34 3. In case of removal or suspension, the civil service 37 35 commission shall issue to each person affected one certificate 38 1 showing the person's comparative seniority or length of service 38 2 in each of the classifications or grades from which the person 38 3 is so removed and the fact that the person has been honorably 38 4 removed. The certificate shall also list each classification 38 5 or grade in which the person was previously employed. The 38 6 person's name shall be carried for a period of not less than 38 7 three years after the suspension or removal on a preferred list 38 8 and appointments or promotions made during that period to the 38 9 person's former duties in the classification or grade shall 38 10 be made in the order of greater seniority from the preferred 38 11 lists. 38 12 Sec. 63. SENIORITY RIGHTS REESTABLISHED. The seniority 38 13 rights of any civil service employee extinguished pursuant 38 14 to section 400.12, subsection 4, Code 2018, are hereby 38 15 reestablished, including accrual of seniority during the period 38 16 of extinguishment. 38 17 Sec. 64. EFFECTIVE DATE. This division of this Act, being 38 18 deemed of immediate importance, takes effect upon enactment. 38 19 Sec. 65. APPLICABILITY. This division of this Act applies 38 20 to employment actions taken on or after the effective date of 38 21 this division of this Act. 38 22 DIVISION V 38 23 HEALTH INSURANCE MATTERS 38 24 Sec. 66. REPEAL. Section 70A.41, Code 2018, is repealed. 38 25 Sec. 67. EFFECTIVE DATE. This division of this Act, being 38 26 deemed of immediate importance, takes effect upon enactment. 38 27 EXPLANATION 38 28 The inclusion of this explanation does not constitute agreement with 38 29 the explanation's substance by the members of the general assembly. 38 30 This bill relates to employment matters involving public 38 31 employees including collective bargaining, educator employment 38 32 matters, personnel records and settlement agreements, city 38 33 civil service requirements, and health insurance matters. 38 34 The bill generally strikes statutory changes made by 2017 38 35 Iowa Acts, House File 291, and restores statutory language in 39 1 effect prior to the enactment of 2017 Iowa Acts, House File 39 2 291. Additional changes are made to Code section 20.9 relating 39 3 to the scope of negotiations for public employee collective 39 4 bargaining. 39 5 DIVISION I == PUBLIC EMPLOYEE COLLECTIVE BARGAINING. 39 6 This division makes a variety of changes to Code chapter 39 7 20, the public employment relations Act, as well as other 39 8 Code provisions relating to collective bargaining by public 39 9 employees. 39 10 ELIMINATION OF PUBLIC SAFETY AND TRANSIT EMPLOYEE 39 11 CATEGORIES. The division eliminates public safety employees 39 12 and transit employees as separate categories of employees for 39 13 the purposes of public employee collective bargaining, making 39 14 affected provisions of Code chapter 20 applicable to all public 39 15 employees governed by Code chapter 20. 39 16 SCOPE OF NEGOTIATIONS. The division makes changes to 39 17 subjects which are negotiated through collective bargaining 39 18 between public employers and public employees under Code 39 19 section 20.9. 39 20 The division provides that the scope of negotiations for all 39 21 public employees shall include but not be limited to wages, 39 22 hours, vacations, insurance, holidays, leaves of absence, 39 23 shift differentials, overtime compensation, supplemental pay, 39 24 seniority, transfer procedures, job classifications, health and 39 25 safety matters, evaluation procedures, procedures for staff 39 26 reduction, in=service training, preparation time, class size, 39 27 discipline and discharge, work uniforms and equipment and 39 28 other required work clothing and equipment, staffing levels, 39 29 retirement systems not otherwise excluded, dues checkoff, 39 30 grievance procedures for resolving any questions arising under 39 31 the agreement, and other terms and conditions of employment not 39 32 otherwise excluded. 39 33 The division provides that all retirement systems 39 34 established by statute except for pension and annuity 39 35 retirement systems established under Code chapter 412 and 40 1 except for supplemental and additional retirement benefits 40 2 shall be excluded under the scope of negotiations. The 40 3 division provides that discharge for teachers who are employed 40 4 pursuant to Code chapter 279 shall be excluded under the scope 40 5 of negotiations. 40 6 The division strikes language providing that mandatory 40 7 subjects of negotiation under Code section 20.9 shall be 40 8 interpreted narrowly and restrictively. The division strikes 40 9 language limiting the term of a collective bargaining agreement 40 10 entered into pursuant to Code chapter 20 to a maximum of five 40 11 years. 40 12 ARBITRATION PROCEDURES. The division makes changes to the 40 13 procedures for arbitration of impasses in collective bargaining 40 14 between public employers and public employees under Code 40 15 section 20.22. 40 16 The division modifies the factors that an arbitrator is 40 17 required to consider in addition to any other relevant factors 40 18 in making a final determination on an impasse item. The 40 19 division requires an arbitrator to consider past collective 40 20 bargaining contracts between the parties including the 40 21 bargaining that led up to such contracts; comparison of wages, 40 22 hours, and conditions of employment of the involved public 40 23 employees with those of other public employees doing comparable 40 24 work, giving consideration to factors peculiar to the area and 40 25 the classifications involved; the interests and welfare of the 40 26 public, the ability of the public employer to finance economic 40 27 adjustments, and the effect of such adjustments on the normal 40 28 standard of services; and the power of the public employer 40 29 to levy taxes and appropriate funds for the conduct of its 40 30 operations. 40 31 The division strikes language permitting the parties to 40 32 agree to change the four=day deadline to serve final offers on 40 33 impasse items after a request for arbitration is received. 40 34 The division strikes language prohibiting the parties to an 40 35 arbitration from introducing, and the arbitrator from accepting 41 1 or considering, any direct or indirect evidence regarding any 41 2 subject excluded from negotiations pursuant to Code section 41 3 20.9. 41 4 The division strikes language providing for a maximum 41 5 increase in base wages in an arbitrator's award. 41 6 PUBLIC EMPLOYEE ELECTIONS. The division makes changes to 41 7 public employee elections conducted pursuant to Code section 41 8 20.15. 41 9 The division strikes language providing for retention and 41 10 recertification elections and requires the public employment 41 11 relations board (PERB) to cancel any such elections scheduled 41 12 or in process. The division requires the PERB to consider a 41 13 petition for certification of an employee organization as the 41 14 exclusive representative of a bargaining unit for which an 41 15 employee organization was not retained and recertified as the 41 16 exclusive representative of that bargaining unit regardless of 41 17 the amount of time that has elapsed since the retention and 41 18 recertification election, notwithstanding prior requirements 41 19 prohibiting such consideration for two years. 41 20 The division provides that the outcome of a certification 41 21 or decertification election is determined by a majority vote 41 22 of the members of the bargaining unit voting, rather than the 41 23 total membership of the bargaining unit. The division provides 41 24 for a runoff election if none of the choices on the ballot in a 41 25 certification election receives a majority vote of the members 41 26 of the bargaining unit voting. 41 27 The division lowers the required percentage of support 41 28 from employees in a bargaining unit required for an employee 41 29 organization that did not submit a petition for certification 41 30 as the exclusive bargaining representative of a bargaining unit 41 31 to be listed on the ballot for a certification election from 30 41 32 percent to 10 percent. 41 33 The division strikes language prohibiting the PERB from 41 34 considering a petition for certification as the exclusive 41 35 bargaining representative of a bargaining unit unless a 42 1 period of two years has elapsed from the date of the last 42 2 certification election in which an employee organization 42 3 was not certified as the exclusive representative of that 42 4 bargaining unit or of the last decertification election in 42 5 which an employee organization was decertified as the exclusive 42 6 representative of that bargaining unit. The division prohibits 42 7 the PERB from considering a petition for certification as the 42 8 exclusive bargaining representative of a bargaining unit for 42 9 one year after the employee organization is not certified in a 42 10 certification election. The division makes additional changes 42 11 relating to the scheduling of decertification elections. 42 12 EMPLOYEE ORGANIZATION DUES. The division strikes a 42 13 prohibition on public entities authorizing or administering 42 14 a deduction from the salaries or wages of its employees for 42 15 membership dues to an employee organization. The division 42 16 provides procedures for administering such dues deductions. 42 17 PERB DUTIES. The division provides that the PERB may 42 18 interpret and apply, as well as administer, Code chapter 20. 42 19 The division strikes language permitting the PERB to 42 20 appoint a certified shorthand reporter to report state employee 42 21 grievance and discipline resolution proceedings, to contract 42 22 with a vendor to conduct elections, to establish fees to cover 42 23 the cost of elections, and to retain certain funds collected by 42 24 the PERB as repayment receipts. 42 25 STATEWIDE COLLECTIVE BARGAINING AGREEMENTS FOLLOWING A 42 26 GUBERNATORIAL ELECTION YEAR. The division strikes language 42 27 providing for modified collective bargaining procedures for a 42 28 proposed, statewide collective bargaining agreement to become 42 29 effective in the year following a general election in which the 42 30 governor and certain other elected officials are elected. 42 31 CONFIDENTIAL RECORDS. The division strikes language 42 32 providing that certain information relating to elections 42 33 conducted by the PERB is a confidential record under Code 42 34 chapter 22, the state open records law. 42 35 MISCELLANEOUS PROVISIONS RELATING TO PUBLIC EMPLOYEE 43 1 COLLECTIVE BARGAINING. The division strikes a definition of 43 2 "supplemental pay". 43 3 The division strikes language providing that a public 43 4 employer has the right to evaluate public employees in 43 5 positions within the public agency. The division strikes 43 6 language providing that a public employee has the right under 43 7 Code section 20.8 to exercise any right or seek any remedy 43 8 provided by law, including but not limited to Code sections 43 9 70A.28 and 70A.29, Code chapter 8A, subchapter IV, and Code 43 10 chapters 216 and 400. 43 11 The division transfers language in Code section 20.10 43 12 prohibiting a public employee or any employee organization 43 13 from negotiating or attempting to negotiate directly with a 43 14 member of the governing board of a public employer if the 43 15 public employer has appointed or authorized a bargaining 43 16 representative for the purpose of bargaining with the public 43 17 employees or their representative to Code section 20.17. 43 18 The division decreases the amount of time before an employee 43 19 organization decertified as the exclusive representative of a 43 20 bargaining unit for violating an injunction against an unlawful 43 21 strike can be certified again from 24 months to 12 months. 43 22 The division strikes language prohibiting voluntary 43 23 contributions by individuals to political parties or candidates 43 24 through payroll deductions. 43 25 The division strikes a requirement that a copy of a final 43 26 collective bargaining agreement be filed with the PERB by 43 27 the public employer within 10 days of the agreement being 43 28 entered into. The division strikes a requirement that the 43 29 PERB maintain an internet site that allows searchable access 43 30 to a database of collective bargaining agreements and other 43 31 collective bargaining information. 43 32 The division changes the period before retirement for a 43 33 prohibited voluntary reduction to a nonsupervisory rank or 43 34 grade by a supervisor and related ineligibility for benefits 43 35 from 36 months to six months. 44 1 The division strikes language providing that a mediator 44 2 shall not be required to testify in any arbitration proceeding 44 3 regarding any matters occurring in the course of a mediation. 44 4 The division requires a council, board of waterworks, or 44 5 other board or commission which establishes a pension and 44 6 annuity retirement system pursuant to Code chapter 412 to 44 7 negotiate in good faith with a certified employee organization 44 8 which is the collective bargaining representative of the 44 9 employees, with respect to the amount or rate of the assessment 44 10 on the wages and salaries of employees and the method or 44 11 methods for payment of the assessment by the employees. 44 12 The division makes additional conforming changes. 44 13 TRANSITION PROVISIONS == DEADLINES. The division requires 44 14 parties, mediators, and arbitrators engaging in any collective 44 15 bargaining procedures provided for in Code chapter 20, Code 44 16 2018, who have not, before the effective date of the division, 44 17 completed such procedures, to immediately terminate any such 44 18 procedures in process as of the effective date of the division. 44 19 The division provides that a collective bargaining agreement 44 20 negotiated pursuant to such procedures in process shall not 44 21 become effective. The division prohibits parties, mediators, 44 22 and arbitrators from engaging in further collective bargaining 44 23 procedures except as provided in the division. The division 44 24 requires such parties to commence collective bargaining in 44 25 accordance with Code section 20.17, as amended by the division 44 26 and to complete such bargaining not later than June 30, 2018, 44 27 unless the parties mutually agree to a different deadline. 44 28 The division requires the PERB to adopt emergency rules to 44 29 implement these requirements. The division also requires the 44 30 department of administrative services to adopt emergency rules 44 31 to implement the provisions of the division relating to dues 44 32 deductions. 44 33 EFFECTIVE DATE AND APPLICABILITY PROVISIONS. The division 44 34 takes effect upon enactment. 44 35 With the exception of the section of the division amending 45 1 Code section 20.6, subsection 1, the division does not apply 45 2 to collective bargaining agreements which have been ratified 45 3 in a ratification election, for which an arbitrator has made 45 4 a final determination, or which have become effective, where 45 5 such events occurred before the effective date of the division. 45 6 The division applies to all collective bargaining procedures 45 7 provided for in Code chapter 20 occurring on and after the 45 8 effective date of the division and collective bargaining 45 9 agreements for which a ratification election is held, for which 45 10 an arbitrator makes a final determination, or which become 45 11 effective on or after the effective date of the division. 45 12 DIVISION II == EDUCATOR EMPLOYMENT MATTERS. This division 45 13 makes a variety of changes relating to educator employment 45 14 matters. 45 15 TERMINATION OF TEACHER EMPLOYMENT CONTRACTS. The division 45 16 makes various changes relating to the termination of teacher 45 17 employment contracts. 45 18 The division shortens various procedural deadlines 45 19 regarding private hearings held after a superintendent 45 20 recommends termination of a teacher's employment contract. 45 21 The division makes participation in such a private hearing 45 22 by the superintendent, the superintendent's designated 45 23 representatives, the teacher's immediate supervisor, the 45 24 teacher, and the teacher's representatives mandatory on the 45 25 part of those individuals instead of discretionary. The 45 26 division requires that the school board employ a certified 45 27 shorthand reporter to keep a record of a private hearing. 45 28 The division requires the school board to issue subpoenas 45 29 for witnesses and evidence on behalf of the board and the 45 30 teacher. The division provides for a judicial remedy if a 45 31 witness appears and refuses to testify or to produce required 45 32 books or papers at a private hearing. The division authorizes 45 33 the superintendent and the teacher to file written briefs and 45 34 arguments with the board at the conclusion of the private 45 35 hearing. The division provides deadlines for determining 46 1 the status of the teacher's contract if the teacher does not 46 2 request a private hearing. The division requires that the 46 3 decision of the board include findings of fact and conclusions 46 4 of law. The division strikes language authorizing a school 46 5 board which votes to continue a teacher's contract to issue 46 6 the teacher a one=year, nonrenewable contract. The division 46 7 permits a teacher to appeal the board's determination to an 46 8 adjudicator and provides procedures for such appeals. 46 9 TEACHER PROBATIONARY PERIODS. The division makes various 46 10 changes relating to probationary employment of teachers. 46 11 The division decreases from two years to one year the 46 12 length of a teacher's probationary employment period in a 46 13 school district if the teacher has successfully completed a 46 14 probationary period of employment for another school district 46 15 located in Iowa. 46 16 The division provides that requirements for notices of 46 17 termination, private hearings, and appeals applicable to 46 18 nonprobationary teachers whose employment contracts are 46 19 terminated are applicable to probationary teachers whose 46 20 employment contracts are terminated. The division strikes 46 21 alternative procedures for the termination of employment 46 22 contracts of such probationary teachers, including notification 46 23 procedures and the opportunity to request a private conference 46 24 with the school board. 46 25 EXTRACURRICULAR INTERSCHOLASTIC ATHLETIC COACH CONTRACTS. 46 26 The division makes various changes relating to extracurricular 46 27 interscholastic athletic coach employment contracts. 46 28 The division provides that wages for such coaches shall be 46 29 paid pursuant to established or negotiated supplemental pay 46 30 schedules. The division provides that employment contracts 46 31 of such coaches shall be continued automatically in force and 46 32 effect for equivalent periods and that the termination of such 46 33 contracts follows procedures similar to those used for teacher 46 34 contracts. The division strikes language providing that 46 35 employment contracts of such coaches may be terminated prior to 47 1 their expiration for any lawful reason following an informal, 47 2 private hearing before the school board. The division strikes 47 3 language providing that the decision of the school board to 47 4 terminate such a contract is final. 47 5 SCHOOL ADMINISTRATOR EMPLOYMENT MATTERS. The division makes 47 6 various changes relating to school administrator employment 47 7 matters. 47 8 The division provides that the rate of compensation in an 47 9 administrator's employment contract must be on a weekly or 47 10 monthly basis. 47 11 The division strikes language authorizing a school board to 47 12 issue a temporary employment contract to an administrator for 47 13 a period of up to nine months. 47 14 The division strikes language authorizing a school board to 47 15 issue a one=year, nonrenewable employment contract and instead 47 16 authorizes a school board considering the termination of an 47 17 administrator's contract and the administrator to mutually 47 18 agree to enter into such a contract. 47 19 The division decreases the probationary employment period 47 20 for administrators from three years to two years and authorizes 47 21 a school board to waive the probationary period for an 47 22 administrator who previously served a probationary period in 47 23 another school district. 47 24 The division strikes language providing that a hearing 47 25 before an administrative law judge requested by an 47 26 administrator whose employment contract a school board is 47 27 considering terminating shall be a private hearing. The 47 28 division reduces certain procedural deadlines relating to such 47 29 hearings. The division strikes language providing that any 47 30 witnesses for the parties at the hearing shall be sequestered. 47 31 The division requires that the decision of the board include 47 32 findings of fact and conclusions of law. The division strikes 47 33 language authorizing a school board which votes to continue an 47 34 administrator's contract to issue the administrator a one=year, 47 35 nonrenewable contract. 48 1 INTENSIVE ASSISTANCE PROGRAMS. The division makes various 48 2 changes relating to intensive assistance programs. 48 3 The division strikes language providing that a teacher who 48 4 has previously participated in an intensive assistance program 48 5 relating to particular Iowa teaching standards or criteria 48 6 shall not be entitled to participate in another intensive 48 7 assistance program relating to the same standards or criteria. 48 8 The division strikes language providing that following a 48 9 teacher's participation in an intensive assistance program, the 48 10 teacher shall be reevaluated to determine whether the teacher 48 11 successfully completed the intensive assistance program and 48 12 is meeting district expectations under the applicable Iowa 48 13 teaching standards or criteria. The division strikes language 48 14 providing that if the teacher did not successfully complete 48 15 the intensive assistance program or continues not to meet the 48 16 applicable Iowa teaching standards or criteria, the board may 48 17 initiate procedures to terminate the teacher's employment 48 18 contract immediately or at the end of the school year or may 48 19 continue the teacher's contract for a period not to exceed one 48 20 year on a nonrenewable basis and without the right to a private 48 21 hearing. 48 22 MISCELLANEOUS PROVISIONS RELATING TO EDUCATOR EMPLOYMENT 48 23 MATTERS. The division strikes language authorizing a school 48 24 board to issue a temporary employment contract to a teacher for 48 25 a period of up to six months. 48 26 The division strikes language providing that just cause 48 27 for which a teacher may be discharged at any time during the 48 28 contract year under Code section 279.27 includes but is not 48 29 limited to a violation of the code of professional conduct 48 30 and ethics of the board of educational examiners if the board 48 31 has taken disciplinary action against a teacher during the 48 32 six months following issuance by the board of a final written 48 33 decision and finding of fact after a disciplinary proceeding. 48 34 The division either authorizes or requires a school board 48 35 and its certified bargaining representative to negotiate 49 1 various matters pursuant to Code chapter 20. 49 2 The division makes additional conforming changes. 49 3 EFFECTIVE DATE AND APPLICABILITY PROVISIONS. The division 49 4 takes effect upon enactment. 49 5 The division applies to employment contracts of school 49 6 employees entered into pursuant to Code chapter 279 on and 49 7 after the effective date of the division. The division does 49 8 not apply to collective bargaining agreements pursuant to Code 49 9 chapter 20 which have been ratified in a ratification election, 49 10 for which an arbitrator has made a final determination, or 49 11 which have become effective, where such events occurred before 49 12 the effective date of the division. The division applies to 49 13 all collective bargaining procedures provided for in Code 49 14 chapter 20 occurring on and after the effective date of the 49 15 division and collective bargaining agreements pursuant to Code 49 16 chapter 20 for which a ratification election is held, for which 49 17 an arbitrator makes a final determination, or which become 49 18 effective on or after the effective date of the division. 49 19 DIVISION III == PERSONNEL RECORDS AND SETTLEMENT AGREEMENTS. 49 20 This division makes changes relating to public employee 49 21 personnel records and settlement agreements. 49 22 PERSONNEL RECORDS. The division strikes language providing 49 23 that certain information relating to the discipline, 49 24 resignation, discharge, or demotion of a public employee is a 49 25 public record and requiring notice to affected employees. 49 26 PERSONNEL SETTLEMENT AGREEMENTS. The division also strikes 49 27 language prohibiting a personnel settlement agreement between 49 28 the state and a state executive branch employee that contains 49 29 confidentiality or nondisclosure provisions that attempt to 49 30 prevent the disclosure of the agreement. 49 31 EFFECTIVE DATE AND APPLICABILITY PROVISIONS. The division 49 32 takes effect upon enactment. 49 33 The division applies to requests for records submitted on or 49 34 after the effective date of the division. 49 35 DIVISION IV == CITY CIVIL SERVICE REQUIREMENTS. This 50 1 division makes a variety of changes relating to city civil 50 2 service requirements under Code chapter 400. 50 3 SENIORITY RIGHTS. The division strikes language permitting 50 4 a city council to extinguish statutory seniority rights of 50 5 all city civil service employees who are not employed or 50 6 appointed as a fire fighter or police officer, fire chief or 50 7 police chief, or assistant fire chief or assistant police 50 8 chief, unless otherwise provided in a collective bargaining 50 9 agreement. The division reestablishes any such rights so 50 10 extinguished, including accrual of seniority during the period 50 11 of extinguishment. 50 12 ADVERSE EMPLOYMENT ACTIONS == GROUNDS AND PROCEDURES. The 50 13 division provides that adverse employment action may be taken 50 14 against a city civil service employee for neglect of duty, 50 15 disobedience, misconduct, or failure to properly perform the 50 16 person's duties. The division strikes language permitting 50 17 such action to be taken due to any act or failure to act by 50 18 the employee that is in contravention of law, city policies, 50 19 or standard operating procedures, or that in the judgment 50 20 of the person having the appointing power as provided in 50 21 this Code chapter, or the chief of police or chief of the 50 22 fire department, is sufficient to show that the employee is 50 23 unsuitable or unfit for employment. 50 24 The division strikes language providing that the scope of 50 25 review for an appeal to district court from a civil service 50 26 commission shall be limited to de novo appellate review without 50 27 a trial or additional evidence, instead providing that the 50 28 appeal shall be a trial de novo as an equitable action. 50 29 DIMINUTION OF EMPLOYEES. The division provides that a 50 30 diminution of city employees by a city council can only be 50 31 implemented when the public interest requires. The division 50 32 permits a diminution to be carried out either by abolishing 50 33 an office and removing the employee from the employee's 50 34 classification or grade thereunder, or reducing the number of 50 35 employees in any classification or grade by suspending the 51 1 necessary number. The division provides for such removal to be 51 2 carried out based on seniority and requires that employees so 51 3 removed be placed on a preferred list for at least three years 51 4 for purposes of appointments or promotions made during that 51 5 period to the person's former duties. 51 6 MISCELLANEOUS PROVISIONS. The division makes changes in 51 7 terminology relating to adverse employment actions for city 51 8 civil service employees. 51 9 The division makes additional conforming changes. 51 10 EFFECTIVE DATE AND APPLICABILITY PROVISIONS. The division 51 11 takes effect upon enactment. 51 12 The division applies to employment actions taken on or after 51 13 the effective date of the division. 51 14 DIVISION V == HEALTH INSURANCE MATTERS. This division 51 15 strikes a requirement that a public employer shall offer health 51 16 insurance to all permanent, full=time public employees employed 51 17 by the public employer. 51 18 EFFECTIVE DATE. The division takes effect upon enactment. LSB 5200XS (11) 87 je/rj
