Senate File 2129 - Introduced




                                 SENATE FILE       
                                 BY  PETERSEN

                                      A BILL FOR

  1 An Act concerning administrative law judges appointed or
  2    employed by the public employment relations board.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 5832XS (3) 86
    ec/rj

PAG LIN



  1  1    Section 1.  Section 8A.412, subsection 11, Code 2016, is
  1  2 amended to read as follows:
  1  3    11.  Professional employees under the supervision of the
  1  4 attorney general, the state public defender, the secretary
  1  5 of state, the auditor of state, the treasurer of state, and
  1  6 the public employment relations board. However, employees of
  1  7 the consumer advocate division of the department of justice,
  1  8 other than the consumer advocate, and administrative law judges
  1  9 appointed or employed by the public employment relations board
  1 10  are subject to the merit system.
  1 11    Sec. 2.  Section 8A.415, subsection 1, paragraph b, Code
  1 12 2016, is amended to read as follows:
  1 13    b.  If not satisfied, the employee may, within thirty
  1 14 calendar days following the director's response, file an
  1 15 appeal with the public employment relations board. The
  1 16 hearing shall be conducted in accordance with the rules of the
  1 17 public employment relations board and the Iowa administrative
  1 18 procedure Act, chapter 17A.  Decisions rendered shall be based
  1 19 upon a standard of substantial compliance with this subchapter
  1 20 and the rules of the department. Decisions by the public
  1 21 employment relations board constitute final agency action.
  1 22 However, if the employee is an administrative law judge
  1 23 appointed or employed by the public employment relations board,
  1 24 the employee's appeal shall be heard by an administrative law
  1 25 judge employed by the administrative hearings division of the
  1 26 department of inspections and appeals in accordance with the
  1 27 provisions of section 10A.801, whose decision shall constitute
  1 28 final agency action.
  1 29    Sec. 3.  Section 8A.415, subsection 2, paragraph b, Code
  1 30 2016, is amended to read as follows:
  1 31    b.  If not satisfied, the employee may, within thirty
  1 32 calendar days following the director's response, file an appeal
  1 33 with the public employment relations board. The employee has
  1 34 the right to a hearing closed to the public, unless a public
  1 35 hearing is requested by the employee. The hearing shall
  2  1 otherwise be conducted in accordance with the rules of the
  2  2 public employment relations board and the Iowa administrative
  2  3 procedure Act, chapter 17A.  If the public employment relations
  2  4 board finds that the action taken by the appointing authority
  2  5 was for political, religious, racial, national origin, sex,
  2  6 age, or other reasons not constituting just cause, the employee
  2  7 may be reinstated without loss of pay or benefits for the
  2  8 elapsed period, or the public employment relations board may
  2  9 provide other appropriate remedies. Decisions by the public
  2 10 employment relations board constitute final agency action.
  2 11 However, if the employee is an administrative law judge
  2 12 appointed or employed by the public employment relations board,
  2 13 the employee's appeal shall be heard by an administrative law
  2 14 judge employed by the administrative hearings division of the
  2 15 department of inspections and appeals in accordance with the
  2 16 provisions of section 10A.801, whose decision shall constitute
  2 17 final agency action.
  2 18                           EXPLANATION
  2 19 The inclusion of this explanation does not constitute agreement with
  2 20 the explanation's substance by the members of the general assembly.
  2 21    Code section 8A.412 is amended to provide that
  2 22 administrative law judges appointed or employed by the public
  2 23 employment relations board are subject to the merit system.
  2 24    Code section 8A.415 is amended to provide that an appeal
  2 25 concerning a grievance or discipline by an administrative law
  2 26 judge appointed or employed by the public employment relations
  2 27 board shall be heard by an administrative law judge employed
  2 28 by the administrative hearings division of the department
  2 29 of inspections and appeals and not by the public employment
  2 30 appeals board.
       LSB 5832XS (3) 86
       ec/rj