Senate File 176 - Introduced SENATE FILE 176 BY T. TAYLOR , BISIGNANO , BOLKCOM , BOULTON , CELSI , DANIELSON , DOTZLER , HOGG , JOCHUM , KINNEY , LYKAM , MATHIS , PETERSEN , QUIRMBACH , RAGAN , J. SMITH , R. TAYLOR , and WAHLS A BILL FOR An Act concerning employment matters involving public employees 1 including collective bargaining, educator employment 2 matters, personnel records and settlement agreements, city 3 civil service requirements, and health insurance matters, 4 and including effective date, applicability, and transition 5 provisions. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 2311XS (1) 88 je/rn

S.F. 176 DIVISION I 1 PUBLIC EMPLOYEE COLLECTIVE BARGAINING 2 Section 1. Section 20.3, subsections 11 and 13, Code 2019, 3 are amended by striking the subsections. 4 Sec. 2. Section 20.6, subsection 1, Code 2019, is amended 5 to read as follows: 6 1. Administer Interpret, apply, and administer the 7 provisions of this chapter . 8 Sec. 3. Section 20.6, subsections 6 and 7, Code 2019, are 9 amended by striking the subsections. 10 Sec. 4. Section 20.7, subsection 2, Code 2019, is amended 11 to read as follows: 12 2. Hire, evaluate, promote, demote, transfer, assign, and 13 retain public employees in positions within the public agency. 14 Sec. 5. Section 20.8, subsection 5, Code 2019, is amended by 15 striking the subsection. 16 Sec. 6. Section 20.9, Code 2019, is amended by striking the 17 section and inserting in lieu thereof the following: 18 20.9 Scope of negotiations. 19 1. The public employer and the employee organization 20 shall meet at reasonable times, including meetings reasonably 21 in advance of the public employer’s budget-making process, 22 to negotiate in good faith with respect to wages, hours, 23 vacations, insurance, holidays, leaves of absence, shift 24 differentials, overtime compensation, supplemental pay, 25 seniority, transfer procedures, job classifications, health and 26 safety matters, evaluation procedures, procedures for staff 27 reduction, in-service training, and other matters mutually 28 agreed upon. Negotiations shall also include terms authorizing 29 dues checkoff for members of the employee organization and 30 grievance procedures for resolving any questions arising under 31 the agreement, which shall be embodied in a written agreement 32 and signed by the parties. If an agreement provides for dues 33 checkoff, a member’s dues may be checked off only upon the 34 member’s written request and the member may terminate the dues 35 -1- LSB 2311XS (1) 88 je/rn 1/ 49

S.F. 176 checkoff at any time by giving thirty days’ written notice. 1 Such obligation to negotiate in good faith does not compel 2 either party to agree to a proposal or make a concession. 3 2. Nothing in this section shall diminish the authority 4 and power of the department of administrative services, board 5 of regents’ merit system, Iowa public broadcasting board’s 6 merit system, or any civil service commission established by 7 constitutional provision, statute, charter, or special act to 8 recruit employees, prepare, conduct and grade examinations, 9 rate candidates in order of their relative scores for 10 certification for appointment or promotion or for other matters 11 of classification, reclassification or appeal rights in the 12 classified service of the public employer served. 13 3. All retirement systems shall be excluded from the scope 14 of negotiations. 15 Sec. 7. Section 20.10, subsection 3, paragraph j, Code 2019, 16 is amended by striking the paragraph. 17 Sec. 8. Section 20.12, subsection 5, Code 2019, is amended 18 to read as follows: 19 5. If an employee organization or any of its officers 20 is held to be in contempt of court for failure to comply 21 with an injunction pursuant to this section , or is convicted 22 of violating this section , the employee organization shall 23 be immediately decertified, shall cease to represent the 24 bargaining unit, shall cease to receive any dues by checkoff, 25 and may again be certified only after twenty-four twelve months 26 have elapsed from the effective date of decertification and 27 only if after a new petition for certification pursuant to 28 compliance with section 20.14 is filed and a new certification 29 election pursuant to section 20.15 is held . The penalties 30 provided in this section may be suspended or modified by the 31 court, but only upon request of the public employer and only 32 if the court determines the suspension or modification is in 33 the public interest. 34 Sec. 9. Section 20.15, Code 2019, is amended by striking the 35 -2- LSB 2311XS (1) 88 je/rn 2/ 49

S.F. 176 section and inserting in lieu thereof the following: 1 20.15 Elections. 2 1. Upon the filing of a petition for certification of an 3 employee organization, the board shall submit a question to 4 the public employees at an election in the bargaining unit 5 found appropriate by the board. The question on the ballot 6 shall permit the public employees to vote for no bargaining 7 representation or for any employee organization which has 8 petitioned for certification or which has presented proof 9 satisfactory to the board of support of ten percent or more of 10 the public employees in the appropriate unit. 11 2. If a majority of the votes cast on the question is 12 for no bargaining representation, the public employees in 13 the bargaining unit found appropriate by the board shall not 14 be represented by an employee organization. If a majority 15 of the votes cast on the question is for a listed employee 16 organization, then that employee organization shall represent 17 the public employees in the bargaining unit found appropriate 18 by the board. 19 3. If none of the choices on the ballot receive the vote 20 of a majority of the public employees voting, the board shall 21 conduct a runoff election among the two choices receiving the 22 greatest number of votes. 23 4. Upon written objections filed by any party to the 24 election within ten days after notice of the results of 25 the election, if the board finds that misconduct or other 26 circumstances prevented the public employees eligible to 27 vote from freely expressing their preferences, the board may 28 invalidate the election and hold a second election for the 29 public employees. 30 5. Upon completion of a valid election in which the majority 31 choice of the employees voting is determined, the board shall 32 certify the results of the election and shall give reasonable 33 notice of the order to all employee organizations listed on the 34 ballot, the public employers, and the public employees in the 35 -3- LSB 2311XS (1) 88 je/rn 3/ 49

S.F. 176 appropriate bargaining unit. 1 6. a. A petition for certification as exclusive bargaining 2 representative of a bargaining unit shall not be considered 3 by the board for a period of one year from the date of the 4 noncertification of an employee organization as the exclusive 5 bargaining representative of that bargaining unit following a 6 certification election. A petition for certification as the 7 exclusive bargaining representative of a bargaining unit shall 8 also not be considered by the board if the bargaining unit is 9 at that time represented by a certified exclusive bargaining 10 representative. 11 b. A petition for the decertification of the exclusive 12 bargaining representative of a bargaining unit shall not be 13 considered by the board for a period of one year from the date 14 of its certification, or within one year of its continued 15 certification following a decertification election, or during 16 the duration of a collective bargaining agreement which, for 17 purposes of this section, shall be deemed not to exceed two 18 years. However, if a petition for decertification is filed 19 during the duration of a collective bargaining agreement, the 20 board shall award an election under this section not more than 21 one hundred eighty days and not less than one hundred fifty 22 days prior to the expiration of the collective bargaining 23 agreement. If an employee organization is decertified, the 24 board may receive petitions under section 20.14, provided that 25 no such petition and no election conducted pursuant to such 26 petition within one year from decertification shall include as 27 a party the decertified employee organization. 28 c. A collective bargaining agreement with the state, its 29 boards, commissions, departments, and agencies shall be for two 30 years. The provisions of a collective bargaining agreement or 31 arbitrator’s award affecting state employees shall not provide 32 for renegotiations which would require the refinancing of 33 salary and fringe benefits for the second year of the term of 34 the agreement, except as provided in section 20.17, subsection 35 -4- LSB 2311XS (1) 88 je/rn 4/ 49

S.F. 176 6. The effective date of any such agreement shall be July 1 of 1 odd-numbered years, provided that if an exclusive bargaining 2 representative is certified on a date which will prevent the 3 negotiation of a collective bargaining agreement prior to 4 July 1 of odd-numbered years for a period of two years, the 5 certified collective bargaining representative may negotiate 6 a one-year contract with the public employer which shall be 7 effective from July 1 of the even-numbered year to July 1 8 of the succeeding odd-numbered year when new contracts shall 9 become effective. 10 Sec. 10. Section 20.17, subsection 8, Code 2019, is amended 11 by striking the subsection and inserting in lieu thereof the 12 following: 13 8. The salaries of all public employees of the state under 14 a merit system and all other fringe benefits which are granted 15 to all public employees of the state shall be negotiated with 16 the governor or the governor’s designee on a statewide basis, 17 except those benefits which are not subject to negotiations 18 pursuant to the provisions of section 20.9. 19 Sec. 11. Section 20.17, Code 2019, is amended by adding the 20 following new subsection: 21 NEW SUBSECTION . 8A. A public employee or any employee 22 organization shall not negotiate or attempt to negotiate 23 directly with a member of the governing board of a public 24 employer if the public employer has appointed or authorized 25 a bargaining representative for the purpose of bargaining 26 with the public employees or their representative, unless the 27 member of the governing board is the designated bargaining 28 representative of the public employer. 29 Sec. 12. Section 20.22, subsections 2, 3, 7, 9, and 10, Code 30 2019, are amended to read as follows: 31 2. Each party shall serve its final offer on each of 32 the impasse items upon the other party within four days of 33 the board’s receipt of the request for arbitration , or by a 34 deadline otherwise agreed upon by the parties . The parties may 35 -5- LSB 2311XS (1) 88 je/rn 5/ 49

S.F. 176 continue to negotiate all offers until an agreement is reached 1 or an award is rendered by the arbitrator. The full costs of 2 arbitration under this section shall be shared equally by the 3 parties to the dispute. 4 3. The submission of the impasse items to the arbitrator 5 shall be limited to those items upon which the parties have 6 not reached agreement. With respect to each such item, the 7 arbitrator’s award shall be restricted to the final offers on 8 each impasse item submitted by the parties to the arbitrator , 9 except as provided in subsection 10 , paragraph “b” . 10 7. For an arbitration involving a bargaining unit that 11 has at least thirty percent of members who are public safety 12 employees, the The arbitrator shall consider and specifically 13 address in the arbitrator’s determination , in addition to any 14 other relevant factors, the following factors: 15 a. Past collective bargaining contracts between the parties 16 including the bargaining that led up to such contracts. 17 b. Comparison of wages, hours, and conditions of employment 18 of the involved public employees with those of other public 19 employees doing comparable work, giving consideration to 20 factors peculiar to the area and the classifications involved. 21 c. The interests and welfare of the public, the ability of 22 the public employer to finance economic adjustments, and the 23 effect of such adjustments on the normal standard of services. 24 d. The power of the public employer to levy taxes and 25 appropriate funds for the conduct of its operations. 26 9. a. The arbitrator may administer oaths, examine 27 witnesses and documents, take testimony and receive evidence, 28 and issue subpoenas to compel the attendance of witnesses and 29 the production of records. The arbitrator may petition the 30 district court at the seat of government or of the county 31 in which the hearing is held to enforce the order of the 32 arbitrator compelling the attendance of witnesses and the 33 production of records. 34 b. Except as required for purposes of the consideration of 35 -6- LSB 2311XS (1) 88 je/rn 6/ 49

S.F. 176 the factors specified in subsection 7 , paragraphs “a” through 1 “c” , and subsection 8 , paragraph “a” , subparagraphs (1) through 2 (3), the parties shall not introduce, and the arbitrator 3 shall not accept or consider, any direct or indirect evidence 4 regarding any subject excluded from negotiations pursuant to 5 section 20.9 . 6 10. a. The arbitrator shall select within fifteen 7 days after the hearing the most reasonable offer, in the 8 arbitrator’s judgment, of the final offers on each impasse item 9 submitted by the parties. 10 b. (1) However, for an arbitration involving a bargaining 11 unit that does not have at least thirty percent of members who 12 are public safety employees, with respect to any increase in 13 base wages, the arbitrator’s award shall not exceed the lesser 14 of the following percentages in any one-year period in the 15 duration of the bargaining agreement: 16 (a) Three percent. 17 (b) A percentage equal to the increase in the consumer 18 price index for all urban consumers for the midwest region, 19 if any, as determined by the United States department of 20 labor, bureau of labor statistics, or a successor index. Such 21 percentage shall be the change in the consumer price index 22 for the twelve-month period beginning eighteen months prior 23 to the month in which the impasse item regarding base wages 24 was submitted to the arbitrator and ending six months prior to 25 the month in which the impasse item regarding base wages was 26 submitted to the arbitrator. 27 (2) To assist the parties in the preparation of their final 28 offers on an impasse item regarding base wages, the board 29 shall provide information to the parties regarding the change 30 in the consumer price index for all urban consumers for the 31 midwest region for any twelve-month period. The department of 32 workforce development shall assist the board in preparing such 33 information upon request. 34 Sec. 13. Section 20.22, subsection 8, Code 2019, is amended 35 -7- LSB 2311XS (1) 88 je/rn 7/ 49

S.F. 176 by striking the subsection. 1 Sec. 14. Section 20.26, subsection 4, Code 2019, is amended 2 to read as follows: 3 4. Nothing in this section shall be construed to prohibit 4 voluntary contributions by individuals to political parties 5 or candidates , provided that such contributions are not made 6 through payroll deductions . 7 Sec. 15. Section 20.29, Code 2019, is amended to read as 8 follows: 9 20.29 Filing agreement —— public access —— internet site . 10 1. Collective bargaining agreements shall be in writing and 11 shall be signed by the parties. 12 2. A copy of a collective bargaining agreement entered into 13 between a public employer and a certified employee organization 14 and made final under this chapter shall be filed with the board 15 by the public employer within ten days of the date on which the 16 agreement is entered into. 17 3. Copies of collective bargaining agreements entered 18 into between the state and the state employees’ bargaining 19 representatives and made final under this chapter shall be 20 filed with the secretary of state and be made available to the 21 public at cost. 22 4. The board shall maintain an internet site that allows 23 searchable access to a database of collective bargaining 24 agreements and other collective bargaining information. 25 Sec. 16. Section 20.30, Code 2019, is amended by striking 26 the section and inserting in lieu thereof the following: 27 20.30 Supervisory member —— no reduction before retirement. 28 A supervisory member of any department or agency employed by 29 the state of Iowa shall not be granted a voluntary reduction to 30 a nonsupervisory rank or grade during the six months preceding 31 retirement of the member. A member of any department or agency 32 employed by the state of Iowa who retires in less than six 33 months after voluntarily requesting and receiving a reduction 34 in rank or grade from a supervisory to a nonsupervisory 35 -8- LSB 2311XS (1) 88 je/rn 8/ 49

S.F. 176 position shall be ineligible for a benefit to which the member 1 is entitled as a nonsupervisory member but is not entitled as a 2 supervisory member. 3 The provisions of this section shall be effective during the 4 collective bargaining agreement in effect from July 1, 1979, 5 to June 30, 1981. 6 Sec. 17. Section 20.31, subsection 2, unnumbered paragraph 7 1, Code 2019, is amended to read as follows: 8 A mediator shall not be required to testify in any judicial, 9 administrative, arbitration, or grievance proceeding regarding 10 any matters occurring in the course of a mediation, including 11 any verbal or written communication or behavior, other than 12 facts relating exclusively to the timing or scheduling of 13 mediation. A mediator shall not be required to produce or 14 disclose any documents, including notes, memoranda, or other 15 work product, relating to mediation, other than documents 16 relating exclusively to the timing or scheduling of mediation. 17 This subsection shall not apply in any of the following 18 circumstances: 19 Sec. 18. Section 22.7, subsection 69, Code 2019, is amended 20 to read as follows: 21 69. The evidence of public employee support for 22 the certification , retention and recertification, or 23 decertification of an employee organization as defined in 24 section 20.3 that is submitted to the public employment 25 relations board as provided in section 20.14 or 20.15 . 26 Sec. 19. Section 22.7, subsection 70, Code 2019, is amended 27 by striking the subsection. 28 Sec. 20. Section 70A.17A, Code 2019, is amended by adding 29 the following new subsection: 30 NEW SUBSECTION . 3. This section shall not affect a payroll 31 deduction elected by a state employee pursuant to section 32 70A.19. 33 Sec. 21. Section 70A.19, Code 2019, is amended by striking 34 the section and inserting in lieu thereof the following: 35 -9- LSB 2311XS (1) 88 je/rn 9/ 49

S.F. 176 70A.19 Duration of state payroll deduction for dues of 1 employee organization member. 2 A state employee who elects a payroll deduction for 3 membership dues to an employee organization pursuant to the 4 provisions of a collective bargaining agreement negotiated 5 under the provisions of chapter 20 shall maintain the deduction 6 for a period of one year or until the expiration of the 7 collective bargaining agreement, whichever occurs first. A 8 state employee who transfers employment to a position covered 9 by a different collective bargaining agreement or who becomes 10 a management employee is not subject to this requirement. 11 With respect to state employees, this section supersedes the 12 provisions of section 20.9 allowing termination of a dues 13 checkoff at any time but does not supersede the requirement for 14 thirty days’ written notice of termination. 15 Sec. 22. Section 412.2, subsection 1, Code 2019, is amended 16 to read as follows: 17 1. From the proceeds of the assessments on the wages 18 and salaries of employees, of any such waterworks system, 19 or other municipally owned and operated public utility, 20 eligible to receive the benefits thereof. Notwithstanding 21 any provisions of section 20.9 to the contrary, a council, 22 board of waterworks, or other board or commission which 23 establishes a pension and annuity retirement system pursuant to 24 this chapter, shall negotiate in good faith with a certified 25 employee organization as defined in section 20.3, which is the 26 collective bargaining representative of the employees, with 27 respect to the amount or rate of the assessment on the wages 28 and salaries of employees and the method or methods for payment 29 of the assessment by the employees. 30 Sec. 23. Section 602.1401, subsection 3, paragraph b, Code 31 2019, is amended to read as follows: 32 b. For purposes of chapter 20 , the certified representative, 33 which on July 1, 1983, represents employees who become judicial 34 branch employees as a result of 1983 Iowa Acts, ch. 186 , shall 35 -10- LSB 2311XS (1) 88 je/rn 10/ 49

S.F. 176 remain the certified representative when the employees become 1 judicial branch employees and thereafter, unless the public 2 employee organization is not retained and recertified or is 3 decertified in an election held under section 20.15 or amended 4 or absorbed into another certified organization pursuant to 5 chapter 20 . Collective bargaining negotiations shall be 6 conducted on a statewide basis and the certified employee 7 organizations which engage in bargaining shall negotiate on a 8 statewide basis, although bargaining units shall be organized 9 by judicial district. The public employment relations board 10 shall adopt rules pursuant to chapter 17A to implement this 11 subsection . 12 Sec. 24. REPEAL. Sections 20.32 and 20.33, Code 2019, are 13 repealed. 14 Sec. 25. TRANSITION PROCEDURES —— DEADLINE —— EMERGENCY 15 RULES. 16 1. As of the effective date of this division of this Act, 17 parties, mediators, and arbitrators engaging in any collective 18 bargaining procedures provided for in chapter 20, Code 2019, 19 who have not, before the effective date of this division 20 of this Act, completed such procedures, shall immediately 21 terminate any such procedures in process. A collective 22 bargaining agreement negotiated pursuant to such procedures in 23 process shall not become effective. Parties, mediators, and 24 arbitrators shall not engage in further collective bargaining 25 procedures except as provided in this section. Such parties 26 shall commence collective bargaining in accordance with section 27 20.17, as amended in this division of this Act. Such parties 28 shall complete such bargaining not later than June 30, 2019, 29 unless the parties mutually agree to a different deadline. 30 2. The public employment relations board shall adopt 31 emergency rules under section 17A.4, subsection 3, and section 32 17A.5, subsection 2, paragraph “b”, to provide for procedures 33 as deemed necessary to implement the provisions of this section 34 and the rules shall be effective immediately upon filing 35 -11- LSB 2311XS (1) 88 je/rn 11/ 49

S.F. 176 unless a later date is specified in the rules. Such rules 1 shall include but are not limited to alternative deadlines for 2 completion of the procedures provided in sections 20.17 and 3 20.22, as amended by this division of this Act, and sections 4 20.19 and 20.20, which deadlines may be waived by mutual 5 agreement of the parties. 6 3. The department of administrative services shall adopt 7 emergency rules under section 17A.4, subsection 3, and 8 section 17A.5, subsection 2, paragraph “b”, to provide for the 9 implementation of section 70A.19, as amended by this division 10 of this Act, and the rules shall be effective immediately upon 11 filing unless a later date is specified in the rules. 12 Sec. 26. ELECTIONS —— DIRECTIVES TO PUBLIC EMPLOYMENT 13 RELATIONS BOARD. 14 1. The public employment relations board shall cancel any 15 elections scheduled or in process pursuant to section 20.15, 16 subsection 2, Code 2019, as of the effective date of this Act. 17 2. Notwithstanding section 20.15, subsection 1, paragraph 18 “c”, Code 2019, the public employment relations board 19 shall consider a petition for certification of an employee 20 organization as the exclusive representative of a bargaining 21 unit for which an employee organization was not retained and 22 recertified as the exclusive representative of that bargaining 23 unit regardless of the amount of time that has elapsed since 24 the retention and recertification election at which an employee 25 organization was not retained or recertified. 26 Sec. 27. EFFECTIVE DATE. This division of this Act, being 27 deemed of immediate importance, takes effect upon enactment. 28 Sec. 28. APPLICABILITY. With the exception of the 29 section of this division of this Act amending section 20.6, 30 subsection 1, this division of this Act does not apply to 31 collective bargaining agreements which have been ratified in a 32 ratification election referred to in section 20.17, subsection 33 4, for which an arbitrator has made a final determination as 34 described in section 20.22, subsection 11, or which have become 35 -12- LSB 2311XS (1) 88 je/rn 12/ 49

S.F. 176 effective, where such events occurred before the effective 1 date of this division of this Act. This division of this Act 2 applies to all collective bargaining procedures provided for in 3 chapter 20 occurring on and after the effective date of this 4 division of this Act and collective bargaining agreements for 5 which a ratification election referred to in section 20.17, 6 subsection 4, is held, for which an arbitrator makes a final 7 determination as described in section 20.22, subsection 11, or 8 which become effective on or after the effective date of this 9 division of this Act. 10 DIVISION II 11 EDUCATOR EMPLOYMENT MATTERS 12 Sec. 29. Section 279.13, subsections 2 and 5, Code 2019, are 13 amended to read as follows: 14 2. The contract shall remain in force and effect for the 15 period stated in the contract and shall be automatically 16 continued for equivalent periods except as modified or 17 terminated by mutual agreement of the board of directors and 18 the teacher or as modified or terminated in accordance with 19 the provisions specified in this chapter . A contract shall 20 not be offered by the employing board to a teacher under its 21 jurisdiction prior to March 15 of any year. A teacher who has 22 not accepted a contract for the ensuing school year tendered 23 by the employing board may resign effective at the end of the 24 current school year by filing a written resignation with the 25 secretary of the board. The resignation must be filed not 26 later than the last day of the current school year or the date 27 specified by the employing board for return of the contract, 28 whichever date occurs first. However, a teacher shall not be 29 required to return a contract to the board or to resign less 30 than twenty-one days after the contract has been offered. 31 5. Notwithstanding the other provisions of this section , a 32 temporary contract may be issued to a teacher for a period of 33 up to six months. Notwithstanding the other provisions of this 34 section , a temporary contract may also be issued to a teacher 35 -13- LSB 2311XS (1) 88 je/rn 13/ 49

S.F. 176 to fill a vacancy created by a leave of absence in accordance 1 with the provisions of section 29A.28 , which contract shall 2 automatically terminate upon return from military leave of the 3 former incumbent of the teaching position . Temporary contracts 4 and which contract shall not be subject to the provisions of 5 sections 279.15 through 279.19 , or section 279.27 . A separate 6 extracurricular contract issued pursuant to section 279.19A to 7 a person issued a temporary contract under this section shall 8 automatically terminate with the termination of the temporary 9 contract as required under section 279.19A, subsection 8 . 10 Sec. 30. Section 279.13, subsection 4, unnumbered paragraph 11 1, Code 2019, is amended to read as follows: 12 For purposes of this section , sections 279.14 , 279.15 , 13 279.16 through 279.17 , 279.19 , and 279.27 , unless the context 14 otherwise requires, “teacher” includes the following individuals 15 employed by a community college: 16 Sec. 31. Section 279.14, Code 2019, is amended to read as 17 follows: 18 279.14 Evaluation criteria and procedures. 19 1. The board shall establish evaluation criteria and shall 20 implement evaluation procedures. If an exclusive bargaining 21 representative has been certified, the board shall negotiate 22 in good faith with respect to evaluation procedures pursuant 23 to chapter 20. 24 2. The determination of standards of performance expected 25 of school district personnel shall be reserved as an exclusive 26 management right of the school board and shall not be subject 27 to mandatory negotiations under chapter 20 . Objections 28 Notwithstanding chapter 20, objections to the procedures, 29 use, or content of an evaluation in a teacher termination 30 proceeding brought before the school board in a hearing held in 31 accordance with section 279.16 or 279.27 shall not be subject 32 to any the grievance procedures negotiated in accordance with 33 chapter 20 . A school district shall not be obligated to 34 process any evaluation grievance after service of a notice and 35 -14- LSB 2311XS (1) 88 je/rn 14/ 49

S.F. 176 recommendation to terminate an individual’s continuing teaching 1 contract in accordance with this chapter. 2 Sec. 32. Section 279.15, subsection 2, paragraph c, Code 3 2019, is amended to read as follows: 4 c. Within five days of the receipt of the written notice 5 that the superintendent is recommending termination of the 6 contract, the teacher may request, in writing to the secretary 7 of the board, a private hearing with the board. The private 8 hearing shall not be subject to chapter 21 and shall be held 9 no sooner than twenty ten days and no later than forty twenty 10 days following the receipt of the request unless the parties 11 otherwise agree. The secretary of the board shall notify the 12 teacher in writing of the date, time, and location of the 13 private hearing, and at least ten five days before the hearing 14 shall also furnish to the teacher any documentation which 15 may be presented to the board at the private hearing and a 16 list of persons who may address the board in support of the 17 superintendent’s recommendation at the private hearing. At 18 least seven three days before the hearing, the teacher shall 19 provide any documentation the teacher expects to present at 20 the private hearing, along with the names of any persons who 21 may address the board on behalf of the teacher. This exchange 22 of information shall be at the time specified unless otherwise 23 agreed. 24 Sec. 33. Section 279.16, Code 2019, is amended by striking 25 the section and inserting in lieu thereof the following: 26 279.16 Private hearing —— decision —— record. 27 1. The participants at the private hearing shall be 28 at least a majority of the members of the board, their 29 legal representatives, if any, the superintendent, the 30 superintendent’s designated representatives, if any, the 31 teacher’s immediate supervisor, the teacher, the teacher’s 32 representatives, if any, and the witnesses for the parties. 33 The evidence at the private hearing shall be limited to the 34 specific reasons stated in the superintendent’s notice of 35 -15- LSB 2311XS (1) 88 je/rn 15/ 49

S.F. 176 recommendation of termination. No participant in the hearing 1 shall be liable for any damages to any person if any statement 2 at the hearing is determined to be erroneous as long as the 3 statement was made in good faith. The superintendent shall 4 present evidence and argument on all issues involved and 5 the teacher may cross-examine, respond and present evidence 6 and argument in the teacher’s behalf relevant to all issues 7 involved. Evidence may be by stipulation of the parties and 8 informal settlement may be made by stipulation, consent, or 9 default or by any other method agreed upon by the parties in 10 writing. The board shall employ a certified shorthand reporter 11 to keep a record of the private hearing. The proceedings 12 or any part thereof shall be transcribed at the request of 13 either party with the expense of transcription charged to the 14 requesting party. 15 2. The presiding officer of the board may administer oaths 16 in the same manner and with like effect and under the same 17 penalties as in the case of magistrates exercising criminal 18 or civil jurisdiction. The board shall cause subpoenas to be 19 issued for such witnesses and the production of such books 20 and papers as either the board or the teacher may designate. 21 The subpoenas shall be signed by the presiding officer of the 22 board. 23 3. In case a witness is duly subpoenaed and refuses to 24 attend, or in case a witness appears and refuses to testify 25 or to produce required books or papers, the board shall, 26 in writing, report such refusal to the district court of 27 the county in which the administrative office of the school 28 district is located, and the court shall proceed with the 29 person or witness as though the refusal had occurred in a 30 proceeding legally pending before the court. 31 4. The board shall not be bound by common law or statutory 32 rules of evidence or by technical or formal rules of procedure, 33 but it shall hold the hearing in such manner as is best suited 34 to ascertain and conserve the substantial rights of the 35 -16- LSB 2311XS (1) 88 je/rn 16/ 49

S.F. 176 parties. Process and procedure under sections 279.13 through 1 279.19 shall be as summary as reasonably may be. 2 5. At the conclusion of the private hearing, the 3 superintendent and the teacher may file written briefs and 4 arguments with the board within three days or such other time 5 as may be agreed upon. 6 6. If the teacher fails to timely request a private hearing 7 or does not appear at the private hearing, the board may 8 proceed and make a determination upon the superintendent’s 9 recommendation. If the teacher fails to timely file a request 10 for a private hearing, the determination shall be not later 11 than May 31. If the teacher fails to appear at the private 12 hearing, the determination shall be not later than five days 13 after the scheduled date for the private hearing. The board 14 shall convene in open session and by roll call vote determine 15 the termination or continuance of the teacher’s contract 16 and, if the board votes to continue the teacher’s contract, 17 whether to suspend the teacher with or without pay for a period 18 specified by the board. 19 7. Within five days after the private hearing, the board 20 shall, in executive session, meet to make a final decision 21 upon the recommendation and the evidence as herein provided. 22 The board shall also consider any written brief and arguments 23 submitted by the superintendent and the teacher. 24 8. The record for a private hearing shall include: 25 a. All pleadings, motions and intermediate rulings. 26 b. All evidence received or considered and all other 27 submissions. 28 c. A statement of all matters officially noticed. 29 d. All questions and offers of proof, objections and rulings 30 thereon. 31 e. All findings and exceptions. 32 f. Any decision, opinion, or conclusion by the board. 33 g. Findings of fact shall be based solely on the evidence in 34 the record and on matters officially noticed in the record. 35 -17- LSB 2311XS (1) 88 je/rn 17/ 49

S.F. 176 9. The decision of the board shall be in writing and shall 1 include findings of fact and conclusions of law, separately 2 stated. Findings of fact, if set forth in statutory language, 3 shall be accompanied by a concise and explicit statement of 4 the underlying facts supporting the findings. Each conclusion 5 of law shall be supported by cited authority or by reasoned 6 opinion. 7 10. When the board has reached a decision, opinion, or 8 conclusion, it shall convene in open meeting and by roll 9 call vote determine the continuance or discontinuance of the 10 teacher’s contract and, if the board votes to continue the 11 teacher’s contract, whether to suspend the teacher with or 12 without pay for a period specified by the board. The record 13 of the private conference and findings of fact and exceptions 14 shall be exempt from the provisions of chapter 22 . The 15 secretary of the board shall immediately mail notice of the 16 board’s action to the teacher. 17 Sec. 34. NEW SECTION . 279.17 Appeal by teacher to 18 adjudicator. 19 1. If the teacher is no longer a probationary teacher, the 20 teacher may, within ten days, appeal the determination of the 21 board to an adjudicator by filing a notice of appeal with the 22 secretary of the board. The notice of appeal shall contain a 23 concise statement of the action which is the subject of the 24 appeal, the particular board action appealed from, the grounds 25 on which relief is sought and the relief sought. 26 2. Within five days following receipt by the secretary 27 of the notice of appeal, the board or the board’s legal 28 representative, if any, and the teacher or the teacher’s 29 representative, if any, may select an adjudicator who resides 30 within the boundaries of the merged area in which the school 31 district is located. If an adjudicator cannot be mutually 32 agreed upon within the five-day period, the secretary shall 33 notify the chairperson of the public employment relations board 34 by transmitting the notice of appeal, and the chairperson of 35 -18- LSB 2311XS (1) 88 je/rn 18/ 49