Bill Text: IA HSB146 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to investigations conducted by the office of ombudsman.(See HF 495.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2023-02-28 - Committee report approving bill, renumbered as HF 495. [HSB146 Detail]
Download: Iowa-2023-HSB146-Introduced.html
House
Study
Bill
146
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
OFFICE
OF
OMBUDSMAN
BILL)
A
BILL
FOR
An
Act
relating
to
investigations
conducted
by
the
office
of
1
ombudsman.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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1162DP
(2)
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ec/rn
S.F.
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H.F.
_____
Section
1.
Section
2C.11A,
Code
2023,
is
amended
to
read
as
1
follows:
2
2C.11A
Subjects
for
investigations
——
disclosures
of
3
information.
4
The
office
of
ombudsman
shall
either
investigate
or
decline
5
to
investigate
a
complaint
filed
by
an
employee
who
is
not
a
6
merit
system
employee
or
an
employee
covered
by
a
collective
7
bargaining
agreement
and
who
alleges
that
adverse
employment
8
action
has
been
taken
against
the
employee
in
violation
of
9
section
70A.28,
subsection
2
.
A
complaint
filed
pursuant
10
to
this
section
shall
be
made
within
thirty
calendar
days
11
following
the
effective
date
of
the
adverse
employment
action.
12
The
ombudsman
shall
investigate
review
the
matter
and
shall
,
13
in
writing
to
the
employee,
either
decline
to
investigate
the
14
matter
or
issue
findings
following
an
investigation
relative
15
to
the
complaint
in
an
expeditious
manner.
The
ombudsman’s
16
findings
following
an
investigation
shall
also
be
provided
to
17
the
agency
or
officer
who
is
the
subject
of
the
allegations.
18
Sec.
2.
Section
70A.28,
subsection
6,
Code
2023,
is
amended
19
to
read
as
follows:
20
6.
Subsection
2
may
also
be
enforced
by
an
employee
through
21
an
administrative
action
pursuant
to
the
requirements
of
this
22
subsection
if
the
employee
is
not
a
merit
system
employee
or
23
an
employee
covered
by
a
collective
bargaining
agreement.
An
24
employee
eligible
to
pursue
an
administrative
action
pursuant
25
to
this
subsection
who
is
discharged,
suspended,
demoted,
26
or
otherwise
receives
a
reduction
in
pay
and
who
believes
27
the
adverse
employment
action
was
taken
as
a
result
of
the
28
employee’s
disclosure
of
information
that
was
authorized
29
pursuant
to
subsection
2
,
may
file
an
appeal
of
the
adverse
30
employment
action
with
the
public
employment
relations
31
board
within
thirty
calendar
days
following
the
later
of
the
32
effective
date
of
the
action
or
the
date
a
finding
or
written
33
decision
declining
to
investigate
is
issued
to
the
employee
34
by
the
office
of
ombudsman
pursuant
to
section
2C.11A
.
The
35
-1-
LSB
1162DP
(2)
90
ec/rn
1/
2
S.F.
_____
H.F.
_____
findings
issued
by
the
ombudsman
may
be
introduced
as
evidence
1
before
the
public
employment
relations
board.
The
employee
has
2
the
right
to
a
hearing
closed
to
the
public,
but
may
request
a
3
public
hearing.
The
hearing
shall
otherwise
be
conducted
in
4
accordance
with
the
rules
of
the
public
employment
relations
5
board
and
the
Iowa
administrative
procedure
Act,
chapter
17A
.
6
If
the
public
employment
relations
board
finds
that
the
action
7
taken
in
regard
to
the
employee
was
in
violation
of
subsection
8
2
,
the
employee
may
be
reinstated
without
loss
of
pay
or
9
benefits
for
the
elapsed
period,
or
the
public
employment
10
relations
board
may
provide
other
appropriate
remedies.
11
Decisions
by
the
public
employment
relations
board
constitute
12
final
agency
action.
13
EXPLANATION
14
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
15
the
explanation’s
substance
by
the
members
of
the
general
assembly.
16
This
bill
concerns
investigations
conducted
by
the
office
17
of
ombudsman.
18
Code
section
2C.11A,
concerning
certain
whistleblower
19
complaints
filed
by
an
employee
that
are
subject
to
20
investigation
by
the
office
of
ombudsman,
is
amended
to
provide
21
that
the
office
of
ombudsman
may,
in
writing
to
the
employee,
22
decline
to
investigate
the
complaint.
The
bill
also
provides
23
that
if
findings
are
issued
following
an
investigation,
the
24
findings
shall
also
be
provided
to
the
agency
or
officer
who
25
is
the
subject
of
the
allegations.
Code
section
70A.28,
26
concerning
whistleblower
complaints,
is
amended
to
conform
to
27
the
changes
made
to
Code
section
2C.11A.
28
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