Bill Text: IA SF2358 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A bill for an act concerning government accountability and employment practices, making penalties and remedies applicable, and including effective date provisions. (Formerly SSB 3221.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2014-04-25 - Read first time, referred to Government Oversight. H.J. 817. [SF2358 Detail]
Download: Iowa-2013-SF2358-Introduced.html
Senate
File
2358
-
Introduced
SENATE
FILE
2358
BY
COMMITTEE
ON
GOVERNMENT
OVERSIGHT
(SUCCESSOR
TO
SSB
3221)
A
BILL
FOR
An
Act
concerning
government
accountability
and
employment
1
practices,
making
penalties
and
remedies
applicable,
and
2
including
effective
date
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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6216SV
(2)
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S.F.
2358
DIVISION
I
1
PERSONNEL
SETTLEMENT
AGREEMENTS
2
Section
1.
NEW
SECTION
.
70A.35
Personnel
settlement
3
agreements
——
public
employers.
4
1.
For
purposes
of
this
section:
5
a.
“Personnel
settlement
agreement”
means
a
binding
legal
6
agreement
between
an
employee
and
the
employee’s
state
employer
7
to
resolve
a
personnel
dispute
including
but
not
limited
to
a
8
grievance.
“Personnel
settlement
agreement”
does
not
include
9
an
initial
decision
by
an
employee’s
immediate
supervisor
10
concerning
a
personnel
dispute
or
grievance.
11
b.
“State
employer”
means
any
of
the
following:
12
(1)
The
executive
branch
of
state
government,
to
include
13
a
unit
of
state
government,
which
is
an
authority,
board,
14
commission,
committee,
council,
department,
or
independent
15
agency
as
defined
in
section
7E.4,
including
but
not
limited
16
to
each
principal
central
department
enumerated
in
section
17
7E.5;
the
office
of
the
governor;
and
the
office
of
an
elective
18
constitutional
or
statutory
officer.
19
(2)
The
general
assembly,
or
any
office
or
unit
under
its
20
administrative
authority.
21
(3)
The
judicial
branch,
as
provided
in
section
602.1102.
22
2.
a.
For
personnel
settlement
agreements
with
an
employee
23
of
the
executive
branch,
excluding
an
employee
of
the
state
24
board
of
regents
or
institution
under
the
control
of
the
state
25
board
of
regents,
the
personnel
settlement
agreement
shall,
26
to
the
extent
consistent
with
any
provision
of
an
applicable
27
collective
bargaining
agreement,
be
reviewed
and
approved
as
28
to
form
by
the
attorney
general
or
by
the
attorney
general’s
29
designee,
and
approved
by
the
director
of
the
department
of
30
management,
the
director
of
the
department
of
administrative
31
services,
and
the
head
of
the
agency
involved
with
the
matter
32
at
issue.
33
b.
For
personnel
settlement
agreements
with
an
employee
of
34
the
state
board
of
regents
or
institution
under
the
control
of
35
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the
state
board
of
regents,
the
personnel
settlement
agreement
1
shall,
to
the
extent
consistent
with
any
provision
of
an
2
applicable
collective
bargaining
agreement,
be
reviewed
and
3
approved
as
to
form
by
the
attorney
general
or
by
the
attorney
4
general’s
designee,
and
approved
by
the
executive
director
of
5
the
state
board
of
regents
and
the
head
of
the
institution
6
involved
with
the
matter
at
issue.
Any
costs
or
payments
7
associated
with
the
personnel
settlement
agreement
shall
be
8
authorized
by
the
state
appeal
board
established
in
section
9
24.26,
and
paid
as
a
claim
under
chapter
25.
10
c.
For
personnel
settlement
agreements
with
an
employee
of
11
the
judicial
branch,
the
personnel
settlement
agreement
shall,
12
to
the
extent
consistent
with
any
provision
of
an
applicable
13
collective
bargaining
agreement,
be
approved
by
the
state
court
14
administrator.
15
d.
For
personnel
settlement
agreements
with
an
employee
16
of
the
general
assembly,
the
personnel
settlement
agreement
17
shall
be
approved
by
the
legislative
council
or
the
appropriate
18
committee
of
the
senate
or
house
of
representatives.
19
e.
For
personnel
settlement
agreements
with
an
employee
20
subject
to
review
and
approval
pursuant
to
the
requirements
of
21
a
collective
bargaining
agreement
that
are
inconsistent
with
22
the
requirements
of
this
subsection,
a
report
on
the
personnel
23
settlement
agreement
shall
be
provided
to
those
persons
who
24
would
otherwise
review
or
approve
the
personnel
settlement
25
agreement
for
that
employee.
26
3.
Personnel
settlement
agreements
shall
not
contain
any
27
confidentiality
or
nondisclosure
provision
that
attempts
to
28
prevent
the
disclosure
of
the
personnel
settlement
agreement.
29
A
confidentiality
or
nondisclosure
provision
in
a
personnel
30
settlement
agreement
is
void
and
unenforceable.
31
4.
All
personnel
settlement
agreements
shall
be
made
easily
32
accessible
to
the
public
on
an
internet
site
maintained
as
33
follows:
34
a.
For
personnel
settlement
agreements
with
an
employee
of
35
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the
executive
branch,
excluding
an
employee
of
the
state
board
1
of
regents
or
institution
under
the
control
of
the
state
board
2
of
regents,
by
the
department
of
administrative
services.
3
b.
For
personnel
settlement
agreements
with
an
employee
of
4
the
state
board
of
regents
or
institution
under
the
control
of
5
the
state
board
of
regents,
by
the
state
board
of
regents.
6
c.
For
personnel
settlement
agreements
with
an
employee
of
7
the
judicial
branch,
by
the
judicial
branch.
8
d.
For
personnel
settlement
agreements
with
an
employee
of
9
the
general
assembly,
by
the
general
assembly.
10
Sec.
2.
EFFECTIVE
UPON
ENACTMENT.
This
division
of
this
11
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
12
enactment.
13
DIVISION
II
14
PERSONNEL
SETTLEMENT
AGREEMENTS
EXAMINATION
15
Sec.
3.
AUDITOR
OF
STATE
EXAMINATION
——
PERSONNEL
16
SETTLEMENT
AGREEMENTS.
The
auditor
of
state
shall
expend
17
such
amount
as
is
necessary
for
purposes
of
conducting
an
18
examination
concerning
personnel
settlement
agreements
made
by
19
the
state
with
terminated
state
employees
since
January
2011
20
that
were
not
approved
by
the
state
appeal
board
or
decided
by
21
the
public
employment
relations
board.
The
examination
shall
22
include
the
nature
of
the
positions
subject
to
termination,
the
23
payments
provided
and
the
funding
source
of
the
payments,
and
24
the
identity
and
authority
of
the
person
or
persons
signing
25
the
personnel
settlement
agreement
on
behalf
of
the
state.
A
26
report
on
the
results
of
the
examination
shall
be
submitted
to
27
the
general
assembly
by
December
1,
2014.
The
auditor
of
state
28
shall
be
authorized
to
charge
the
department
of
administrative
29
services
for
costs
associated
with
the
examination.
30
Sec.
4.
EFFECTIVE
UPON
ENACTMENT.
This
division
of
this
31
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
32
enactment.
33
DIVISION
III
34
SERVICE
CONTRACTS
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Sec.
5.
Section
8.47,
subsection
1,
unnumbered
paragraph
1,
1
Code
2014,
is
amended
to
read
as
follows:
2
The
department
of
administrative
services,
in
cooperation
3
with
the
office
of
attorney
general
and
the
department
of
4
management,
shall
adopt
uniform
terms
and
conditions
for
5
service
contracts
executed
by
a
department
or
establishment
6
benefiting
from
service
contracts
which
terms
and
conditions
7
shall
be
consistent
with
the
contractual
requirements
of
8
chapter
8F
.
The
terms
and
conditions
shall
include
but
are
not
9
limited
to
all
of
the
following:
10
Sec.
6.
Section
8F.3,
subsection
3,
Code
2014,
is
amended
11
to
read
as
follows:
12
3.
Prior
to
entering
into
a
service
contract
with
a
13
recipient
entity,
the
oversight
agency
shall
determine
do
all
14
of
the
following:
15
a.
Determine
whether
the
recipient
entity
can
reasonably
16
be
expected
to
comply
with
the
requirements
of
the
service
17
contract.
If
the
oversight
entity
is
unable
to
determine
18
whether
the
recipient
entity
can
reasonably
be
expected
19
to
comply
with
the
requirements
of
the
service
contract,
20
the
oversight
entity
shall
request
such
information
from
21
the
recipient
entity
as
described
in
subsection
1
to
make
22
a
determination.
If
the
oversight
agency
determines
from
23
the
information
provided
that
the
recipient
entity
cannot
24
reasonably
be
expected
to
comply
with
the
requirements
of
the
25
service
contract,
the
oversight
agency
shall
not
enter
into
the
26
service
contract.
27
b.
Perform
a
cost
comparison
establishing
whether
the
28
contract
costs
from
the
proposed
service
contract
are
less
29
than
the
costs
of
having
the
services
provided
by
an
agency.
30
Contract
costs
shall
include
direct
costs,
including
salaries
31
and
fringe
benefits,
indirect
overhead
costs,
including
the
32
contractor’s
proportional
share
of
existing
administrative
33
salaries
and
benefits,
rent
and
equipment
costs,
utilities,
34
and
materials.
Additionally,
transition
costs,
including
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unemployment
compensation,
shall
be
included
in
the
analysis
of
1
contract
costs.
If
the
oversight
agency
determines
from
the
2
information
provided
that
the
contract
costs
of
the
recipient
3
entity
are
not
less
than
the
costs
of
having
the
services
4
provided
by
an
agency,
the
oversight
agency
shall
not
enter
5
into
the
service
contract.
6
c.
If
the
proposed
service
contract
may
result
in
reduced
7
public
employment
by
an
agency
in
an
area,
perform
an
8
economic
impact
analysis
to
consider
the
impact
of
the
service
9
contract
on
the
possible
loss
of
employment
or
income
in
the
10
affected
area,
impact
on
social
services
to
include
public
11
assistance
programs,
economic
impact
on
local
businesses,
any
12
possible
changes
in
tax
revenue
for
the
affected
area,
and
13
any
environmental
impacts
that
may
result
from
the
service
14
contract.
15
Sec.
7.
Section
8F.3,
Code
2014,
is
amended
by
adding
the
16
following
new
subsection:
17
NEW
SUBSECTION
.
4.
A
service
contract
with
a
recipient
18
entity
shall
include
the
following
terms
and
conditions:
19
a.
Specific
performance
criteria
and
cost
parameters
with
20
termination
provisions
for
failure
to
meet
the
performance
21
criteria
and
cost
parameters.
22
b.
A
requirement
that
the
compensation
paid
to
employees
23
of
a
recipient
entity
pursuant
to
the
service
contract
shall
24
be
comparable
to
the
compensation
paid
to
public
employees
25
performing
similar
work
or
the
average
private
sector
wage
in
26
this
state
for
similar
work,
whichever
is
less.
27
c.
A
provision
prohibiting
the
automatic
renewal
of
28
the
terms
of
a
service
contract
without
complying
with
the
29
requirements
of
this
section
prior
to
renewing
the
service
30
contract.
31
d.
A
provision
prohibiting
the
payment
for
services
under
32
the
service
contract
regardless
of
whether
the
services
are
33
actually
provided.
34
Sec.
8.
Section
8F.4,
Code
2014,
is
amended
by
adding
the
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following
new
subsection:
1
NEW
SUBSECTION
.
4.
An
oversight
agency
shall
make
2
information
described
in
section
8F.3,
subsection
3,
paragraphs
3
“b”
and
“c”
,
and
information
required
to
be
reported
by
a
4
recipient
agency
pursuant
to
this
section
available
to
the
5
public.
6
Sec.
9.
Section
8G.3,
subsection
3,
paragraph
a,
Code
2014,
7
is
amended
by
adding
the
following
new
subparagraph:
8
NEW
SUBPARAGRAPH
.
(10)
A
recipient
entity
as
defined
in
9
section
8F.2.
10
Sec.
10.
Section
8G.4,
subsection
2,
Code
2014,
is
amended
11
by
adding
the
following
new
paragraph:
12
NEW
PARAGRAPH
.
0j.
Information
required
to
be
provided
13
pursuant
to
chapter
8F.
14
DIVISION
IV
15
STATE
EMPLOYMENT
HIRING
PROCEDURES
16
Sec.
11.
NEW
SECTION
.
70A.21
State
employment
——
17
designation
of
ineligibility
procedures
——
penalty.
18
1.
A
board,
commission,
agency,
or
department
of
the
state
19
that
seeks
to
designate
an
individual
as
ineligible
to
apply
20
for;
to
be
considered,
referred,
or
approved
for;
or
to
be
21
appointed
to
employment
by
the
state
or
any
of
its
boards,
22
commissions,
agencies,
or
departments,
shall
do
all
of
the
23
following:
24
a.
Maintain
documentation
of
the
designation
of
25
ineligibility,
to
include
signatures
from
the
individual’s
26
immediate
supervisor
and
the
applicable
head
of
the
board,
27
commission,
agency,
or
department,
the
extent
of
the
28
individual’s
ineligibility
for
state
employment,
proof
of
29
notification
of
the
individual,
and
any
information
concerning
30
any
appeals
regarding
the
designation.
31
b.
Notify
the
individual
prior
to
or
within
ten
days
of
32
discharge
of
the
designation
of
ineligibility
and
the
extent
33
of
the
individual’s
ineligibility
for
state
employment.
The
34
notification
shall
include
information
on
the
process
for
an
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individual
to
appeal,
remove,
or
modify
the
designation
of
1
ineligibility.
2
2.
Each
board,
commission,
agency,
or
department
of
the
3
state
shall
establish
a
process
for
an
individual
to
appeal,
4
remove,
or
modify
a
designation
of
ineligibility.
Following
5
a
final
determination
by
the
board,
commission,
agency
or
6
department
within
the
executive
branch
of
the
state
relative
7
to
an
appeal
or
attempt
to
remove
or
modify
a
designation
of
8
ineligibility
by
an
individual,
the
individual
may
appeal
to
9
the
public
employment
relations
board
created
in
section
20.5,
10
for
individuals
subject
to
the
jurisdiction
of
the
board,
and
11
to
an
administrative
law
judge
employed
by
the
department
of
12
inspections
and
appeals,
for
all
other
individuals.
13
Sec.
12.
NEW
SECTION
.
70A.22
State
employee
hiring
14
requirements.
15
An
employer
of
state
employees
shall
establish
procedures
16
providing
for
the
hiring
of
employees
by
the
employer.
The
17
procedures
shall
provide
for
the
public
announcement
of
18
vacancies
of
the
employer
at
least
ten
days
in
advance
of
the
19
date
fixed
for
the
filing
of
applications
for
the
vacancies
20
and
for
the
advertisement
of
the
vacancies
through
the
21
communications
media.
22
DIVISION
V
23
STATE
EMPLOYEE
BONUSES
24
Sec.
13.
NEW
SECTION
.
22.13B
Executive
branch
bonuses
——
25
disclosure.
26
1.
For
purposes
of
this
section:
27
a.
“Bonus
pay”
means
any
additional
remuneration
in
an
28
amount
exceeding
two
hundred
dollars
provided
an
employee
in
29
the
form
of
a
bonus,
including
but
not
limited
to
a
retention
30
bonus,
recruitment
bonus,
exceptional
job
performance
pay,
31
extraordinary
job
performance
pay,
exceptional
performance
pay,
32
extraordinary
duty
pay,
or
extraordinary
or
special
duty
pay,
33
and
any
extra
benefit
not
otherwise
provided
to
other
similarly
34
situated
employees.
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b.
“Executive
branch
employee”
means
an
employee
of
the
1
executive
branch
of
state
government,
which
includes
any
2
unit
of
state
government,
including
but
not
limited
to
an
3
authority,
board,
commission,
committee,
council,
department,
4
or
independent
agency
as
defined
in
section
7E.4,
and
each
5
principal
central
department
enumerated
in
section
7E.5;
6
the
office
of
the
governor;
and
the
office
of
an
elective
7
constitutional
or
statutory
officer.
8
2.
A
decision
to
provide
bonus
pay
to
an
executive
branch
9
employee,
including
the
amount
paid
and
the
documented
reasons
10
and
rationale
for
the
bonus
paid,
shall
be
a
public
record.
11
3.
All
decisions
to
provide
bonus
pay
to
an
executive
branch
12
employee,
including
information
described
in
subsection
2,
13
shall
be
made
easily
accessible
to
the
public
on
an
internet
14
site
maintained
as
follows:
15
a.
For
decisions
to
provide
bonus
pay
to
an
employee
of
the
16
executive
branch,
excluding
an
employee
of
the
state
board
of
17
regents
or
institution
under
the
control
of
the
state
board
of
18
regents,
by
the
department
of
administrative
services.
19
b.
For
decisions
to
provide
bonus
pay
to
an
employee
of
the
20
state
board
of
regents
or
institution
under
the
control
of
the
21
state
board
of
regents,
by
the
state
board
of
regents.
22
DIVISION
VI
23
WHISTLEBLOWER
PROTECTION
24
Sec.
14.
Section
8A.417,
subsection
4,
Code
2014,
is
amended
25
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
26
following:
27
4.
a.
For
purposes
of
this
subsection,
“a
disclosure
of
28
information
permitted
by
this
section”
includes
any
of
the
29
following:
30
(1)
A
disclosure
of
any
information
by
the
employee
to
a
31
member
or
employee
of
the
general
assembly
if
the
information
32
can
be
used
by
the
member
or
employee
of
the
general
assembly
33
in
the
performance
of
the
member’s
or
employee’s
duties,
34
regardless
of
whether
the
member
or
employee
requested
the
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information.
1
(2)
A
disclosure
of
information
to
any
appropriate
person
2
if
the
employee
reasonably
believes
the
information
evidences
3
a
violation
of
law
or
rule,
mismanagement,
a
gross
abuse
of
4
funds,
an
abuse
of
authority,
or
a
substantial
and
specific
5
danger
to
public
health
or
safety.
6
b.
A
person
shall
not
do
any
of
the
following
as
a
7
reprisal
against
an
employee
in
a
position
in
a
merit
system
8
administered
by,
or
subject
to
approval
of,
the
director,
who
9
makes
a
disclosure
of
information
permitted
by
this
section
10
or
who
fails
to
inform
the
person
that
the
employee
made
a
11
disclosure
of
information
permitted
by
this
section:
12
(1)
Discharge,
suspend,
or
demote
the
employee,
or
take
any
13
other
adverse
employment
action
resulting
in
a
reduction
of
the
14
employee’s
pay.
15
(2)
Fail
to
appoint
or
promote
the
employee
to
a
position
in
16
the
merit
system
or
fail
to
take
action
regarding
an
advantage
17
to
the
employee.
18
c.
However,
an
employee
may
be
required
to
inform
the
19
person
that
the
employee
made
a
disclosure
of
information
20
permitted
by
this
section
if
the
employee
represented
that
21
the
disclosure
was
the
official
position
of
the
employee’s
22
immediate
supervisor
or
employer.
23
d.
An
employer
subject
to
the
requirements
of
this
24
subsection
shall
inform
the
employer’s
employees
on
a
regular
25
basis
of
their
rights
to
disclose
information
as
provided
in
26
this
subsection.
27
e.
This
subsection
does
not
apply
if
the
disclosure
of
the
28
information
is
prohibited
by
statute.
29
Sec.
15.
Section
8F.3,
subsection
1,
paragraph
d,
Code
2014,
30
is
amended
to
read
as
follows:
31
d.
Information
regarding
any
policies
adopted
by
the
32
governing
body
of
the
recipient
entity
that
ensure
compliance
33
with
section
70A.29
and
that
prohibit
taking
adverse
employment
34
action
against
employees
of
the
recipient
entity
who
disclose
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information
about
a
service
contract
to
the
oversight
agency,
1
the
auditor
of
state,
the
office
of
the
attorney
general,
or
2
the
office
of
ombudsman
and
that
state
whether
those
policies
3
are
substantially
similar
to
the
protection
provided
to
state
4
employees
under
section
70A.28
.
The
information
provided
shall
5
state
whether
employees
of
the
recipient
entity
are
informed
6
on
a
regular
basis
of
their
rights
pursuant
to
section
70A.29
7
and
of
their
rights
to
disclose
information
to
the
oversight
8
agency,
the
office
of
ombudsman,
the
auditor
of
state,
or
the
9
office
of
the
attorney
general
and
the
telephone
numbers
of
10
those
organizations.
11
Sec.
16.
Section
70A.28,
subsection
1,
Code
2014,
is
amended
12
to
read
as
follows:
13
1.
A
person
who
serves
as
the
head
of
a
state
department
or
14
agency
or
otherwise
serves
in
a
supervisory
capacity
within
the
15
executive
or
legislative
branch
of
state
government
shall
not
16
prohibit
an
employee
of
the
state
from
making
a
disclosure
of
17
information
permitted
by
this
section
or
require
an
employee
18
of
the
state
to
inform
the
person
that
the
employee
made
19
a
disclosure
of
information
permitted
by
this
section
and
20
shall
not
prohibit
an
employee
of
the
state
from
disclosing
21
any
information
to
a
member
or
employee
of
the
general
22
assembly
or
from
disclosing
information
to
any
other
public
23
official
or
law
enforcement
agency
if
the
employee
reasonably
24
believes
the
information
evidences
a
violation
of
law
or
rule,
25
mismanagement,
a
gross
abuse
of
funds,
an
abuse
of
authority,
26
or
a
substantial
and
specific
danger
to
public
health
or
27
safety
.
However,
an
employee
may
be
required
to
inform
the
28
person
that
the
employee
made
a
disclosure
of
information
29
permitted
by
this
section
if
the
employee
represented
that
30
the
disclosure
was
the
official
position
of
the
employee’s
31
immediate
supervisor
or
employer.
32
Sec.
17.
Section
70A.28,
subsection
2,
Code
2014,
is
amended
33
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
34
following:
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2.
a.
A
person
shall
not
do
any
of
the
following
as
1
a
reprisal
against
an
employee
in
a
position
in
a
state
2
employment
system
administered
by,
or
subject
to
approval
of,
a
3
state
agency,
who
makes
a
disclosure
of
information
permitted
4
by
this
section
or
who
fails
to
inform
the
person
that
the
5
employee
made
a
disclosure
of
information
permitted
by
this
6
section:
7
(1)
Discharge,
suspend,
or
demote
the
employee,
or
take
any
8
other
adverse
employment
action
resulting
in
a
reduction
of
the
9
employee’s
pay.
10
(2)
Fail
to
appoint
or
promote
the
employee
to
a
position
in
11
the
state
employment
system
or
fail
to
take
action
regarding
12
an
advantage
to
the
employee.
13
b.
However,
an
employee
may
be
required
to
inform
the
14
person
that
the
employee
made
a
disclosure
of
information
15
permitted
by
this
section
if
the
employee
represented
that
16
the
disclosure
was
the
official
position
of
the
employee’s
17
immediate
supervisor
or
employer.
18
Sec.
18.
Section
70A.28,
Code
2014,
is
amended
by
adding
the
19
following
new
subsection:
20
NEW
SUBSECTION
.
2A.
For
purposes
of
this
section,
“a
21
disclosure
of
information
permitted
by
this
section”
includes
any
22
of
the
following:
23
a.
A
disclosure
of
any
information
by
the
employee
to
a
24
member
or
employee
of
the
general
assembly
if
the
information
25
can
be
used
by
the
member
or
employee
of
the
general
assembly
26
in
the
performance
of
the
member’s
or
employee’s
duties,
27
regardless
of
whether
the
member
or
employee
requested
the
28
information.
29
b.
A
disclosure
of
information
to
any
appropriate
person
30
if
the
employee
reasonably
believes
the
information
evidences
31
a
violation
of
law
or
rule,
mismanagement,
a
gross
abuse
of
32
funds,
an
abuse
of
authority,
or
a
substantial
and
specific
33
danger
to
public
health
or
safety.
34
Sec.
19.
Section
70A.28,
subsection
5,
paragraph
a,
Code
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2014,
is
amended
to
read
as
follows:
1
a.
A
person
who
violates
subsection
2
is
liable
to
2
an
aggrieved
employee
for
affirmative
relief
including
3
reinstatement,
with
or
without
back
pay,
actual
damages,
or
any
4
other
equitable
relief
the
court
deems
appropriate,
including
5
attorney
fees
and
costs.
6
Sec.
20.
Section
70A.29,
Code
2014,
is
amended
by
adding
the
7
following
new
subsection:
8
NEW
SUBSECTION
.
01.
For
purposes
of
this
section,
unless
9
the
context
otherwise
requires:
10
a.
“Disclosure
of
information
permitted
by
this
section”
11
includes
any
of
the
following:
12
(1)
A
disclosure
of
any
information
by
the
employee
to
a
13
member
or
employee
of
the
general
assembly
if
the
information
14
can
be
used
by
the
member
or
employee
of
the
general
assembly
15
in
the
performance
of
the
member’s
or
employee’s
duties,
16
regardless
of
whether
the
member
or
employee
requested
the
17
information.
18
(2)
A
disclosure
of
information
to
any
appropriate
person
19
if
the
employee
reasonably
believes
the
information
evidences
20
a
violation
of
law
or
rule,
mismanagement,
a
gross
abuse
of
21
funds,
an
abuse
of
authority,
or
a
substantial
and
specific
22
danger
to
public
health
or
safety.
23
b.
“Eligible
employer”
means
any
of
the
following:
24
(1)
A
political
subdivision
of
this
state.
25
(2)
An
entity
organized
under
chapter
28E.
26
(3)
A
recipient
entity
as
defined
in
section
8F.2.
27
Sec.
21.
Section
70A.29,
subsection
1,
Code
2014,
is
amended
28
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
29
following:
30
1.
a.
A
person
shall
not
do
any
of
the
following
as
a
31
reprisal
against
an
employee
in
a
position
in
employment
by
an
32
eligible
employer
for
a
disclosure
of
information
permitted
by
33
this
section:
34
(1)
Discharge,
suspend,
or
demote
the
employee,
or
take
any
35
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other
adverse
employment
action
resulting
in
a
reduction
of
the
1
employee’s
pay.
2
(2)
Fail
to
appoint
or
promote
the
employee
to
a
position
in
3
the
employment
or
fail
to
take
action
regarding
an
advantage
to
4
the
employee.
5
b.
This
section
does
not
apply
if
the
disclosure
of
the
6
information
is
prohibited
by
statute.
7
Sec.
22.
Section
70A.29,
subsection
3,
paragraph
a,
Code
8
2014,
is
amended
to
read
as
follows:
9
a.
A
person
who
violates
subsection
1
is
liable
to
10
an
aggrieved
employee
for
affirmative
relief
including
11
reinstatement,
with
or
without
back
pay,
actual
damages,
or
any
12
other
equitable
relief
the
court
deems
appropriate,
including
13
attorney
fees
and
costs.
14
Sec.
23.
Section
70A.29,
Code
2014,
is
amended
by
adding
the
15
following
new
subsection:
16
NEW
SUBSECTION
.
4.
An
eligible
employer
subject
to
the
17
requirements
of
this
section
shall
inform
the
employer’s
18
employees
on
a
regular
basis
of
their
rights
to
disclose
19
information
as
provided
in
this
section.
20
DIVISION
VII
21
VERTICAL
INFRASTRUCTURE
ADVISORY
COMMITTEE
22
Sec.
24.
NEW
SECTION
.
8.57G
Vertical
infrastructure
23
advisory
committee.
24
1.
A
vertical
infrastructure
advisory
committee
is
25
established
consisting
of
seven
members,
appointed
by
the
26
governor,
and
subject
to
confirmation
by
the
senate
pursuant
27
to
section
2.32.
Committee
members
shall
be
appointed
in
28
compliance
with
sections
69.16,
69.16A,
and
69.16C.
Committee
29
members
shall
reside
in
this
state.
30
2.
The
members
of
the
committee
shall
serve
for
staggered
31
three-year
terms
which
shall
begin
and
end
pursuant
to
section
32
69.19.
Members
appointed
shall
continue
to
serve
until
33
their
respective
successors
are
appointed.
Vacancies
in
the
34
membership
of
the
committee
shall
be
filled
by
the
governor.
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Members
shall
receive
actual
expenses
incurred
while
serving
1
in
their
official
capacity.
Members
may
also
be
eligible
to
2
receive
compensation
as
provided
in
section
7E.6.
The
governor
3
shall
designate
the
chairperson
of
the
committee.
4
3.
The
department
of
management
and
the
department
of
5
administrative
services
shall
provide
staff
assistance
and
6
support
services
to
the
committee.
7
4.
The
committee
shall
have
the
following
duties:
8
a.
Oversee
the
inventory
and
assessment
of
the
vertical
9
infrastructure
owned
or
under
the
control
of
the
state.
10
b.
Develop
and
recommend
methods
for
identifying,
11
evaluating,
and
prioritizing
infrastructure
needs.
12
c.
Annually
develop
and
submit
to
the
governor
and
the
13
general
assembly
no
later
than
December
15
of
each
year,
14
comprehensive
five-year
plans
of
recommendations,
including
15
suggested
lists
of
priority
projects.
The
priority
listing
16
of
projects
shall
be
developed
to
assist
the
governor
in
17
establishing
a
priority
listing
of
priority
projects
to
be
18
submitted
to
the
general
assembly
pursuant
to
section
8.22.
19
Recommendations
shall
include
the
level
of
funding
necessary
20
to
complete
each
project
recommended
and
a
timetable
for
21
completion
of
the
project
if
the
project
is
anticipated
to
22
require
more
than
one
year
to
complete.
23
EXPLANATION
24
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
25
the
explanation’s
substance
by
the
members
of
the
general
assembly.
26
This
bill
concerns
government
accountability
and
employment
27
practices.
28
PERSONNEL
SETTLEMENT
AGREEMENTS.
This
division
of
the
29
bill
concerns
personnel
settlement
agreements.
New
Code
30
section
70A.35
provides
that
personnel
settlement
agreements
31
between
the
state
and
an
employee
of
the
state
shall
be
32
subject
to
review
and
approval
of
the
attorney
general
and
the
33
applicable
employer,
shall
not
contain
any
confidentiality
or
34
nondisclosure
provisions
that
attempt
to
prevent
the
disclosure
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of
the
personnel
settlement
agreement
and
any
such
provisions
1
shall
be
void
and
unenforceable,
and
shall
be
made
available
2
to
the
public
on
an
internet
site.
New
Code
section
70A.35
3
is
applicable
to
employees
of
the
executive,
legislative,
and
4
judicial
branches
of
state
government
and
defines
a
personnel
5
settlement
agreement
as
a
binding
legal
agreement
between
a
6
state
employee
and
the
state
employee’s
employer
relating
to
7
settlement
agreements
to
resolve
a
personnel
dispute
including
8
but
not
limited
to
certain
grievances.
The
bill
provides
9
for
the
posting
of
the
personnel
settlement
agreements
on
an
10
internet
site,
by
the
applicable
employer
of
the
employee
11
covered.
These
provisions
of
this
division
of
this
bill
take
12
effect
upon
enactment.
13
PERSONNEL
SETTLEMENT
AGREEMENTS
EXAMINATION.
This
division
14
of
the
bill
requires
the
auditor
of
state
to
conduct
an
15
examination
of
the
personnel
settlement
agreements
made
16
with
terminated
state
employees
since
January
2011.
Costs
17
associated
with
the
examination
shall
be
charged
to
the
18
department
of
administrative
services.
A
report
on
the
results
19
of
the
examination
shall
be
submitted
to
the
general
assembly
20
by
December
1,
2014.
21
SERVICE
CONTRACTS.
This
division
of
the
bill
concerns
22
service
contracts
entered
into
by
a
government
entity.
23
Code
section
8.47,
concerning
service
contracts
entered
into
24
by
a
state
executive
branch
department,
is
amended
to
provide
25
that
the
standard
terms
and
conditions
of
a
service
contract
26
shall
be
consistent
with
the
contractual
requirements
of
Code
27
chapter
8F.
28
Code
chapter
8F,
establishing
accountability
requirements
29
for
certain
service
contracts,
is
amended.
“Service
contract”
30
is
defined
by
the
Code
chapter
as
a
contract
between
a
31
government
entity,
called
an
oversight
agency,
and
a
private
32
or
other
intergovernmental
entity,
called
a
recipient
entity,
33
where
federal
or
state
moneys
are
involved
for
a
service
or
34
services
when
the
predominant
factor,
thrust,
and
purpose
of
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the
contract
as
reasonably
stated
is
for
the
provision
of
1
services.
2
Code
section
8F.3,
subsection
3,
concerning
contractual
3
requirements
for
service
contracts,
is
amended
to
require
an
4
oversight
agency
to
perform
a
cost
comparison
and
an
economic
5
impact
analysis
prior
to
entering
into
a
service
contract.
6
The
cost
comparison
requires
a
determination
that
a
service
7
contract
will
result
in
lower
contract
costs
than
having
the
8
services
provided
by
state
government.
The
economic
impact
9
analysis
concerns
a
determination
of
the
impact
on
employment,
10
economic
activity,
and
public
assistance
if
public
employment
11
in
a
particular
area
is
reduced
pursuant
to
a
service
contract.
12
Code
section
8F.3
is
further
amended
to
require
a
service
13
contract
to
include
performance
criteria,
provisions
governing
14
compensation
paid
to
employees
of
a
recipient
entity,
15
provisions
prohibiting
automatic
renewal
of
a
service
contract,
16
and
provisions
prohibiting
payment
regardless
of
whether
the
17
services
are
actually
provided.
18
Code
section
8F.4,
concerning
reporting
requirements,
19
is
amended
to
require
an
oversight
agency
to
make
certain
20
information
described
in
Code
section
8F.3,
subsection
3,
and
21
information
required
to
be
reported
by
a
recipient
agency
22
pursuant
to
this
Code
section
available
to
the
public.
23
Code
chapter
8G,
establishing
the
taxpayer
transparency
24
Act,
is
amended
to
specifically
include
recipient
entities,
25
as
defined
in
Code
chapter
8F,
within
the
definition
of
26
“entity”
for
purposes
of
the
Code
chapter.
Code
section
27
8G.4,
concerning
the
creation
of
a
searchable
budget
database
28
internet
site,
is
amended
to
require
that
information
required
29
to
be
provided
pursuant
to
Code
chapter
8F
be
included
on
the
30
site.
31
STATE
EMPLOYMENT
HIRING
PROCEDURES.
This
division
of
the
32
bill
concerns
state
employment
hiring
procedures.
New
Code
33
section
70A.21
establishes
procedures
for
state
departments,
34
boards,
agencies,
and
commissions
for
designating
an
individual
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as
ineligible
to
apply
for
state
employment.
The
Code
section
1
requires
the
applicable
employer
to
document
the
determination
2
and
provide
notice
within
10
days
of
the
individual’s
discharge
3
from
state
employment
of
the
designation
and
the
right
of
the
4
individual
to
appeal
the
determination.
The
bill
requires
5
state
executive
branch
employers
to
establish
procedures
for
6
appealing
designations
of
ineligibility
for
state
employment
7
with
an
appeal
to
the
public
employment
relations
board
for
8
individuals
subject
to
the
jurisdiction
of
the
board,
and
to
9
an
administrative
law
judge
employed
by
the
department
of
10
inspections
and
appeals,
for
all
other
individuals.
11
New
Code
section
70A.22
requires
an
employer
of
state
12
employees
to
establish
procedures
providing
for
the
hiring
of
13
employees
by
the
employer.
The
procedures
shall
provide
for
14
public
announcement
and
advertisement
of
vacancies.
15
STATE
EMPLOYEE
BONUSES.
This
division
of
the
bill
concerns
16
executive
branch
bonuses.
New
Code
section
22.13B
requires
17
that
information
concerning
bonus
pay
award
to
an
executive
18
branch
employee
in
an
amount
over
$200,
including
the
name
of
19
the
employee,
the
amount
paid
and
the
reasons
for
the
bonus,
20
shall
be
made
easily
accessible
to
the
public
on
an
internet
21
site.
22
WHISTLEBLOWER
PROTECTION.
This
division
of
the
bill
23
concerns
whistleblower
protection.
Code
sections
8A.417
and
24
70A.28
are
amended
to
allow
disclosure
of
information
by
a
25
state
employee
to
any
appropriate
person,
and
not
just
to
a
26
public
official
or
law
enforcement
agency,
if
the
employee
27
believes
the
information
evidences
a
violation
of
law,
28
mismanagement,
a
gross
abuse
of
funds,
an
abuse
of
authority,
29
or
a
substantial
and
specific
danger
to
public
health
or
30
safety.
The
Code
sections
are
amended
to
also
prohibit
action
31
by
the
employer
to
discharge,
suspend,
demote,
or
take
any
32
other
adverse
employment
action
resulting
in
a
reduction
of
33
pay
of
an
employee
making
a
disclosure
pursuant
to
the
Code
34
sections.
Code
section
8A.417
is
also
amended
to
require
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applicable
employers
to
inform
their
employees
of
their
rights
1
concerning
disclosures.
Code
section
70A.28
is
further
amended
2
to
provide
that
actual
damages
may
be
awarded
in
an
action
3
seeking
relief
for
a
violation
of
the
disclosure
provisions
of
4
that
Code
section.
5
Code
section
70A.29,
concerning
disclosures
of
information
6
by
an
employee
of
a
political
subdivision,
is
amended
to
7
include
employees
of
an
entity
created
under
Code
chapter
28E
8
and
an
intergovernmental
entity
or
a
private
agency
that
enters
9
into
a
service
contract
with
an
oversight
agency
to
provide
10
services
which
will
be
paid
for
with
local
governmental,
11
state,
or
federal
moneys,
that
is
a
recipient
entity
under
12
Code
chapter
8F
governing
service
contracts.
The
Code
13
section
is
also
amended
to
allow
disclosure
of
information
14
by
an
applicable
employee
to
any
appropriate
person,
and
not
15
just
to
a
public
official
or
law
enforcement
agency,
if
the
16
employee
believes
the
information
evidences
a
violation
of
law,
17
mismanagement,
a
gross
abuse
of
funds,
an
abuse
of
authority,
18
or
a
substantial
and
specific
danger
to
public
health
or
19
safety.
The
Code
section
is
also
amended
to
prohibit
action
20
by
an
eligible
employer
to
discharge,
suspend,
demote,
or
take
21
any
other
adverse
employment
action
resulting
in
a
reduction
22
of
pay
of
an
employee
making
a
disclosure
pursuant
to
the
23
Code
section,
to
provide
that
actual
damages
may
be
awarded
24
in
an
action
seeking
relief
for
a
violation
of
the
disclosure
25
provisions
of
the
Code
section,
and
to
require
eligible
26
employers
to
inform
their
employees
of
their
rights
concerning
27
disclosures.
Code
section
8F.3
is
amended
to
reflect
that
28
employees
of
a
recipient
entity
under
this
Code
chapter
are
29
subject
to
the
disclosure
provisions
of
Code
section
70A.29.
30
VERTICAL
INFRASTRUCTURE
ADVISORY
COMMITTEE.
This
division
31
of
the
bill
establishes
a
vertical
infrastructure
advisory
32
committee
consisting
of
seven
members.
The
division
provides
33
that
the
duties
of
the
committee
are
to
oversee
the
inventory
34
and
assessment
of
the
vertical
infrastructure
of
the
state,
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develop
and
recommend
methods
for
identifying,
evaluating,
and
1
prioritizing
infrastructure
needs,
and
annually
develop
and
2
submit
to
the
governor
and
the
general
assembly
comprehensive
3
five-year
plans
of
recommendations,
including
suggested
lists
4
of
priority
projects.
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