Senate File 2202 - Introduced
SENATE FILE
BY PETERSEN
A BILL FOR
1 An Act concerning department of administrative services'
2 procedures regarding the designation of individuals as
3 ineligible for state employment and sanctions for violations
4 of competitive bidding procedures.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
TLSB 5795XS (5) 86
ec/nh
PAG LIN
1 1 Section 1. Section 8A.311, Code 2016, is amended by adding
1 2 the following new subsection:
1 3 NEW SUBSECTION. 23. The director shall establish by rule
1 4 sanctions for violations of competitive bidding procedures
1 5 including but not limited to requirements governing the bidding
1 6 process for a particular procurement or contract. Sanctions
1 7 shall include fines and, for an employee of an agency, possible
1 8 suspension, dismissal, or demotion.
1 9 Sec. 2. NEW SECTION. 8A.403 State agency employment ====
1 10 designation=of=ineligibility procedures.
1 11 1. The department may designate an individual as ineligible
1 12 to apply for; to be considered, referred, or approved for; or
1 13 to be appointed to employment by a state agency for any of the
1 14 following reasons:
1 15 a. The individual knowingly misrepresented the facts when
1 16 submitting information relating to an application, examination,
1 17 certification, appeal, or any other facet of the selection
1 18 process for employment by a state agency.
1 19 b. The individual used or attempted to use coercion,
1 20 bribery, or other illegal means to secure an advantage in the
1 21 application, examination, appeal, or selection process for
1 22 employment by a state agency.
1 23 c. The individual was convicted of a crime that is shown to
1 24 have a direct relationship to the duties of the job class or
1 25 position for which the individual wishes to be considered.
1 26 d. The individual is proven to be an unrehabilitated
1 27 substance abuser who would be unable to perform the duties of
1 28 the job class or position for which the individual wishes to be
1 29 considered or who would constitute a threat to state property
1 30 or to the safety of others.
1 31 e. The individual is not a United States citizen and
1 32 does not have a valid permit to work in the United States
1 33 under regulations issued by the United States citizenship and
1 34 immigration services.
1 35 f. The individual was terminated from employment by a state
2 1 agency for creating a hostile work environment.
2 2 g. The individual was sanctioned pursuant to rules adopted
2 3 by the director pursuant to section 8A.311 for a violation of
2 4 competitive bidding procedures including but not limited to
2 5 requirements governing the bidding process for a particular
2 6 procurement or contract.
2 7 2. The department shall do all of the following upon a
2 8 determination that an individual is ineligible as provided in
2 9 subsection 1:
2 10 a. Notify the individual in writing within five working
2 11 days following the designation of ineligibility for employment
2 12 by a state agency. The notification shall include information
2 13 regarding the extent of the individual's ineligibility and the
2 14 process for the individual to appeal, remove, or modify the
2 15 designation of ineligibility.
2 16 b. Maintain documentation of the designation of
2 17 ineligibility, the extent of the individual's ineligibility
2 18 for employment by a state agency, proof of notification of
2 19 the individual, and any information concerning any appeals
2 20 regarding the designation.
2 21 c. Upon request by an individual determined to be
2 22 ineligible, review whether the designation of ineligibility of
2 23 the individual should be removed or modified and to notify the
2 24 individual, in writing, if the designation of ineligibility is
2 25 removed or modified.
2 26 3. An individual designated as ineligible as provided by
2 27 this section may file a written appeal to the employment appeal
2 28 board in the department of inspections and appeals for a review
2 29 of the action. The written appeal must be filed with the board
2 30 within sixty days following the notice of initial designation
2 31 of ineligibility.
2 32 4. The department shall adopt rules pursuant to chapter
2 33 17A to administer this section including establishment of a
2 34 procedure for an individual, following the time for filing an
2 35 appeal, to apply to the department for removal or modification
3 1 of a designation of ineligibility.
3 2 Sec. 3. DESIGNATION OF INELIGIBILITY ==== NOTIFICATION
3 3 REQUIREMENTS. Individuals designated as ineligible to apply
3 4 for; to be considered, referred, or approved for; or to
3 5 be appointed to employment by a state agency, prior to the
3 6 effective date of this Act, shall be notified, in writing, by
3 7 the department of administrative services that they have been
3 8 designated as ineligible and of their rights relative to that
3 9 designation as provided in this Act.
3 10 EXPLANATION
3 11 The inclusion of this explanation does not constitute agreement with
3 12 the explanation's substance by the members of the general assembly.
3 13 This bill concerns procedures of the department of
3 14 administrative services (DAS) relating to sanctions for
3 15 violations of competitive bidding procedures and state employee
3 16 hiring.
3 17 Code section 8A.311, concerning competitive bidding
3 18 procedures, is amended to require the director of DAS to
3 19 establish sanctions for violations of competitive bidding
3 20 procedures. The bill provides that sanctions shall include
3 21 fines and, for state agency employees, possible suspension,
3 22 dismissal, or demotion.
3 23 New Code section 8A.403 requires DAS to establish procedures
3 24 for designating an individual as ineligible to apply for or to
3 25 be considered or approved for or appointed to employment with a
3 26 state agency. The bill describes the permissible reasons for
3 27 designating an individual as ineligible, provides for notice
3 28 to the individual within five days following the designation
3 29 of ineligibility, and requires that documentation of the
3 30 designation be maintained by DAS.
3 31 The bill provides for the ability of an individual to
3 32 appeal the designation of ineligibility and for the ability
3 33 of the individual to request that the department review the
3 34 designation of ineligibility.
3 35 The bill also provides that individuals designated as
4 1 ineligible as of the effective date of the bill be notified
4 2 of this designation by the department in writing and of their
4 3 rights under the bill.
LSB 5795XS (5) 86
ec/nh