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.  Administer Interpret, 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 after twenty=four twelve months
  4  2 have elapsed from the effective date of decertification and
  4  3 only if after a new petition for certification pursuant to
  4  4  compliance with section 20.14 is 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, the The arbitrator shall consider and 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 10    b.  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 21    b.  (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 21    1.  Collective bargaining agreements shall be in writing and
  9 22 shall be signed by the parties.
  9 23    2.  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 28    3.  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 33    4.  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 is not retained and recertified or is
 12 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 as modified or terminated 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 teacher for 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 teacher
 15 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 15  and 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 24 279.16 through 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  4  Notwithstanding 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 to any the 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 than twenty ten days and no later than forty twenty
 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 least ten five 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 least seven three 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 prevail Section
 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 contract for any lawful reason following
 25 26 an informal, private hearing before the board of directors
 25 27  pursuant 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 contract shall either 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.  The rate of compensation 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 administrator for
 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 administrator to 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 contracts and 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 directors may issue and the administrator are unable to
 26 32 mutually agree to enter into a one=year, nonrenewable contract,
 26 33  to the administrator. If the board of directors decides to
 26 34 terminate the administrator's contract, the board shall follow
 26 35 the procedures in this section.
 27  1    4.  Administrators employed in a school district for
 27  2 less than three two 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 request a private hearing
 27 26  in writing to the secretary of the school board. The board
 27 27 shall then forward that 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. The private hearing shall be held no
 28  2 sooner than twenty ten days and not later than forty thirty
 28  3  days following the administrator's request unless the parties
 28  4 otherwise agree. If the administrator does not request a
 28  5 private hearing, 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 the private
 28 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 19 Any 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 the private hearing. 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 the private
 28 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 the private hearing, 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 within thirty ten 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 within ten five
 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 the private hearing. The school board shall
 29 18 meet within five days after the private hearing 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 board or 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 board or issue the administrator a one=year, nonrenewable
 30  6 contract. The record of the private hearing conference and
 30  7 written decision of the board findings 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 15    1.  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 27    2.  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 shall In 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)  Determine Ensure 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", and the 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 are not subject 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 individual resigned in lieu of
 34  8 termination, was discharged, or was demoted as 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 grade upon 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 suspension of
 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, peremptorily remove, discharge,
 35 28 demote, or suspend, demote, or discharge a subordinate then
 35 29 under the person's or chief's direction due 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 employment for 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    The removal, discharge suspension, demotion, or suspension
 36  5  discharge of a person holding civil service rights may be
 36  6 appealed to the civil service commission within fourteen
 36  7 calendar days after the removal, discharge suspension,
 36  8 demotion, or suspension discharge.
 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 person removed, discharged
 36 13  suspended, demoted, or suspended discharged, 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 such removal, discharge suspension, demotion,
 36 17 or suspension discharge, such notice shall also be served upon
 36 18 the person removed, discharged suspended, demoted, or suspended
 36 19  discharged.
 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 28 removed, suspended or discharged, demoted, or suspended may
 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 person removed, suspended or discharged,
 36 33 demoted, or suspended for 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  7 The scope of review for the appeal shall be limited to de novo
 37  8 appellate review without a trial or additional evidence The
 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
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