Bill Text: IA SF332 | 2015-2016 | 86th General Assembly | Introduced

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Bill Title: A bill for an act concerning department of administrative services' procedures regarding the designation of individuals as ineligible for state employment and the public solicitation of individuals to fill certain state employment vacancies. (Formerly SSB 1133.)

Sponsorship: Committee Bill

Status: (Engrossed - Dead) 2015-03-30 - Subcommittee, L. Miller, T. Taylor, and Vander Linden. H.J. 730. [SF332 Detail]

Download: Iowa-2015-SF332-Introduced.html

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Senate File 332 - Introduced




                                 SENATE FILE       
                                 BY  COMMITTEE ON STATE
                                     GOVERNMENT

                                 (SUCCESSOR TO SSB
                                     1133)

                                      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 the public solicitation
  4    of individuals to fill certain state employment vacancies.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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  1  1    Section 1.  NEW SECTION.  8A.403  State agency employment ====
  1  2 designation=of=ineligibility procedures.
  1  3    1.  The department may only designate an individual as
  1  4 ineligible to apply for; to be considered, referred, or
  1  5 approved for; or to be appointed to employment by a state
  1  6 agency for any of the following reasons:
  1  7    a.  The individual has knowingly misrepresented the facts
  1  8 when submitting information relating to an application,
  1  9 examination, certification, appeal, or any other facet of the
  1 10 selection process for employment by a state agency.
  1 11    b.  The individual has used or attempted to use coercion,
  1 12 bribery, or other illegal means to secure an advantage in the
  1 13 application, examination, appeal, or selection process for
  1 14 employment by a state agency.
  1 15    c.  The individual has been convicted of a crime that is
  1 16 shown to have a direct relationship to the duties of the
  1 17 job class or position for which the individual wishes to be
  1 18 considered.
  1 19    d.  The individual is proven to be an unrehabilitated
  1 20 substance abuser who would be unable to perform the duties of
  1 21 the job class or position for which the individual wishes to be
  1 22 considered or who would constitute a threat to state property
  1 23 or to the safety of others.
  1 24    e.  The individual is not a United States citizen and
  1 25 does not have a valid permit to work in the United States
  1 26 under regulations issued by the United States citizenship and
  1 27 immigration services.
  1 28    f.  The individual was terminated from employment by a state
  1 29 agency for creating a hostile work environment.
  1 30    2.  The department shall do all of the following upon a
  1 31 determination that an individual is ineligible as provided in
  1 32 subsection 1:
  1 33    a.  Notify the individual in writing within five working
  1 34 days following the designation of ineligibility and the extent
  1 35 of the individual's ineligibility for employment by a state
  2  1 agency. The notification shall include information on the
  2  2 process for an individual to appeal, remove, or modify the
  2  3 designation of ineligibility.
  2  4    b.  Maintain documentation of the designation of
  2  5 ineligibility, the extent of the individual's ineligibility
  2  6 for employment by a state agency, proof of notification of
  2  7 the individual, and any information concerning any appeals
  2  8 regarding the designation.
  2  9    c.  Upon request by an individual determined to be
  2 10 ineligible, review whether the designation of ineligibility of
  2 11 the individual should be removed or modified and to notify the
  2 12 individual, in writing, if the designation of ineligibility is
  2 13 removed or modified.
  2 14    3.  An individual designated as ineligible as provided
  2 15 by this section may file a written appeal to the employment
  2 16 appeal board in the department of inspections and appeals for a
  2 17 review of that action.  The written appeal must be filed with
  2 18 the board within sixty days following the notice of initial
  2 19 designation of ineligibility.  The department shall also
  2 20 establish a procedure for an individual, following the time for
  2 21 filing an appeal, to apply to the department for removal or
  2 22 modification of a designation of ineligibility.
  2 23    4.  The department shall adopt rules pursuant to chapter 17A
  2 24 to administer this section.
  2 25    Sec. 2.  NEW SECTION.  8A.404  Hiring procedures ==== nonmerit
  2 26 system positions.
  2 27    The department shall establish procedures providing for the
  2 28 hiring of employees by a state agency to positions that are not
  2 29 covered by the merit system.  The procedures shall provide for
  2 30 the public announcement of vacancies by the state agency at
  2 31 least ten days in advance of the date fixed for the filing of
  2 32 applications for the vacancies and for the advertisement of the
  2 33 vacancies through the communications media.
  2 34    Sec. 3.  DESIGNATION OF INELIGIBILITY == NOTIFICATION
  2 35 REQUIREMENTS.  Individuals designated as ineligible to apply
  3  1 for; to be considered, referred, or approved for; or to
  3  2 be appointed to employment by a state agency, prior to the
  3  3 effective date of this Act, shall be notified, in writing, by
  3  4 the department of administrative services that they have been
  3  5 designated as ineligible and of their rights relative to that
  3  6 designation as provided in this Act.
  3  7                           EXPLANATION
  3  8 The inclusion of this explanation does not constitute agreement with
  3  9 the explanation's substance by the members of the general assembly.
  3 10    This bill concerns procedures of the department of
  3 11 administrative services relating to state employee hiring.
  3 12    New Code section 8A.403 requires the department of
  3 13 administrative services to establish procedures for designating
  3 14 an individual as ineligible to apply for or to be considered or
  3 15 approved for or appointed to employment with a state agency.
  3 16 The bill describes the permissible reasons for designating an
  3 17 individual as ineligible, provides for notice to the individual
  3 18 within five days following the designation of ineligibility,
  3 19 and requires that documentation of the designation be
  3 20 maintained by the department of administrative services.
  3 21    The bill provides for the ability of an individual to
  3 22 appeal the designation of ineligibility and for the ability
  3 23 of the individual to request that the department review the
  3 24 designation of ineligibility.
  3 25    The bill also provides that individuals designated as
  3 26 ineligible as of the effective date of the bill be notified
  3 27 of this designation by the department in writing and of their
  3 28 rights under the bill.
  3 29    New Code section 8A.404 requires the department of
  3 30 administrative services to establish procedures for the hiring
  3 31 of employees by a state agency to positions not covered by
  3 32 the merit system.  The procedures shall provide for public
  3 33 announcement and advertisement of vacancies.
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