Senate File 64 - 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 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 shall only designate an individual
1 4 as 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 facts when
1 8 submitting information relating to an application, examination,
1 9 certification, appeal, or any other facet of the selection
1 10 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 making
1 31 a determination that an individual is ineligible for employment
1 32 as provided in 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 for employment
2 15 as provided by this section may file a written appeal to the
2 16 employment appeal board in the department of inspections and
2 17 appeals for a review of that designation. The written appeal
2 18 must be filed with the board within sixty days following the
2 19 notice of initial designation of ineligibility. The department
2 20 shall also establish a procedure for an individual, following
2 21 the time for filing an appeal, to apply to the department for
2 22 removal or 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 shall provide for the public
2 33 advertisement of the vacancies through the communications
2 34 media.
2 35 Sec. 3. DESIGNATION OF INELIGIBILITY ==== NOTIFICATION
3 1 REQUIREMENTS. Individuals designated as ineligible to apply
3 2 for; to be considered, referred, or approved for; or to
3 3 be appointed to employment by a state agency, prior to the
3 4 effective date of this Act, shall be notified, in writing, by
3 5 the department of administrative services that they have been
3 6 designated as ineligible and of their rights relative to that
3 7 designation as provided in this Act.
3 8 EXPLANATION
3 9 The inclusion of this explanation does not constitute agreement with
3 10 the explanation's substance by the members of the general assembly.
3 11 This bill concerns procedures of the department of
3 12 administrative services relating to state employee hiring.
3 13 New Code section 8A.403 requires the department of
3 14 administrative services to establish procedures for designating
3 15 an individual as ineligible to apply for or to be considered or
3 16 approved for or appointed to employment with a state agency.
3 17 The bill describes the permissible reasons for designating
3 18 an individual as ineligible, provides for notice to the
3 19 individual within five working days following the designation
3 20 of ineligibility, and requires that documentation of the
3 21 designation be maintained by the department of administrative
3 22 services.
3 23 The bill provides for the ability of an individual to
3 24 appeal the designation of ineligibility and for the ability
3 25 of the individual to request that the department review
3 26 the designation of ineligibility to consider removal or
3 27 modification of the designation.
3 28 The bill also provides that individuals designated as
3 29 ineligible as of the effective date of the bill be notified
3 30 of this designation by the department in writing and of their
3 31 rights under the bill.
3 32 New Code section 8A.404 requires the department of
3 33 administrative services to establish procedures for the hiring
3 34 of employees by a state agency to positions not covered by
3 35 the merit system. The procedures shall provide for public
4 1 announcement and advertisement of vacancies.
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