Bill Text: IA SSB1072 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A study bill for an act concerning government accountability, relating to state employee bonuses, personnel records and settlement agreements and disciplinary actions, and citizen interaction with state government, and including effective date and retroactive applicability provisions.
Spectrum: Unknown
Status: (Introduced - Dead) 0000-00-00 - State Government: Danielson Chair,Bowman, and Whitver. [SSB1072 Detail]
Download: Iowa-2015-SSB1072-Introduced.html
Senate
Study
Bill
1072
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
GOVERNOR
BILL)
A
BILL
FOR
An
Act
concerning
government
accountability,
relating
to
1
state
employee
bonuses,
personnel
records
and
settlement
2
agreements
and
disciplinary
actions,
and
citizen
interaction
3
with
state
government,
and
including
effective
date
and
4
retroactive
applicability
provisions.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
TLSB
1416XL
(5)
86
ec/rj
S.F.
_____
H.F.
_____
DIVISION
I
1
PERSONNEL
RECORDS
AND
SETTLEMENT
AGREEMENTS
2
Section
1.
Section
22.7,
subsection
11,
paragraph
a,
Code
3
2015,
is
amended
to
read
as
follows:
4
a.
Personal
information
in
confidential
personnel
records
5
of
government
bodies
relating
to
identified
or
identifiable
6
individuals
who
are
officials,
officers,
or
employees
of
the
7
government
bodies.
However,
the
following
information
relating
8
to
such
individuals
contained
as
of
or
after
January
1,
2004,
9
in
personnel
records
shall
be
public
records:
10
(1)
The
name
and
compensation
of
the
individual
including
11
any
written
agreement
establishing
compensation
or
any
other
12
terms
of
employment
excluding
any
information
otherwise
13
excludable
from
public
information
pursuant
to
this
section
or
14
any
other
applicable
provision
of
law.
For
purposes
of
this
15
paragraph,
“compensation”
means
payment
of,
or
agreement
to
pay,
16
any
money,
thing
of
value,
or
financial
benefit
conferred
in
17
return
for
labor
or
services
rendered
by
an
official,
officer,
18
or
employee
plus
the
value
of
benefits
conferred
including
but
19
not
limited
to
casualty,
disability,
life,
or
health
insurance,
20
other
health
or
wellness
benefits,
vacation,
holiday,
and
sick
21
leave,
severance
payments,
retirement
benefits,
and
deferred
22
compensation.
23
(2)
The
dates
the
individual
was
employed
by
the
government
24
body.
25
(3)
The
positions
the
individual
holds
or
has
held
with
the
26
government
body.
27
(4)
The
educational
institutions
attended
by
the
28
individual,
including
any
diplomas
and
degrees
earned,
and
29
the
names
of
the
individual’s
previous
employers,
positions
30
previously
held,
and
dates
of
previous
employment.
31
(5)
The
fact
that
the
individual
resigned
in
lieu
of
32
termination,
was
discharged
,
or
was
demoted
as
the
result
33
of
a
final
disciplinary
action
upon
the
exhaustion
of
all
34
applicable
contractual,
legal,
and
statutory
remedies
,
and
the
35
-1-
LSB
1416XL
(5)
86
ec/rj
1/
7
S.F.
_____
H.F.
_____
documented
reasons
and
rationale
for
the
resignation
in
lieu
1
of
termination,
the
discharge,
or
the
demotion
.
For
purposes
2
of
this
subparagraph,
“demoted”
and
“demotion”
mean
a
change
3
of
an
employee
from
a
position
in
a
given
classification
to
a
4
position
in
a
classification
having
a
lower
pay
grade.
5
Sec.
2.
NEW
SECTION
.
22.13A
Personnel
settlement
agreements
6
——
state
employees
——
confidentiality
——
disclosure.
7
1.
For
purposes
of
this
section:
8
a.
“Personnel
settlement
agreement”
means
a
binding
legal
9
agreement
between
a
state
employee
and
the
state
employee’s
10
employer,
subject
to
section
22.13,
to
resolve
a
personnel
11
dispute
including
but
not
limited
to
a
grievance.
“Personnel
12
settlement
agreement”
does
not
include
an
initial
decision
by
a
13
state
employee’s
immediate
supervisor
concerning
a
personnel
14
dispute
or
grievance.
15
b.
“State
employee”
means
an
employee
of
the
state
who
is
16
an
employee
of
the
executive
branch
as
described
in
sections
17
7E.2
and
7E.5.
18
2.
Personnel
settlement
agreements
shall
not
contain
any
19
confidentiality
or
nondisclosure
provision
that
attempts
to
20
prevent
the
disclosure
of
the
personnel
settlement
agreement.
21
In
addition,
any
confidentiality
or
nondisclosure
provision
in
22
a
personnel
settlement
agreement
is
void
and
unenforceable.
23
3.
The
requirements
of
this
section
shall
not
be
superseded
24
by
any
provision
of
a
collective
bargaining
agreement.
25
4.
All
personnel
settlement
agreements
shall
be
made
easily
26
accessible
to
the
public
on
an
internet
site
maintained
as
27
follows:
28
a.
For
personnel
settlement
agreements
with
an
employee
of
29
the
executive
branch,
excluding
an
employee
of
the
state
board
30
of
regents
or
institution
under
the
control
of
the
state
board
31
of
regents,
by
the
department
of
administrative
services.
32
b.
For
personnel
settlement
agreements
with
an
employee
of
33
the
state
board
of
regents
or
institution
under
the
control
of
34
the
state
board
of
regents,
by
the
state
board
of
regents.
35
-2-
LSB
1416XL
(5)
86
ec/rj
2/
7
S.F.
_____
H.F.
_____
Sec.
3.
IMPLEMENTATION
PROVISION.
This
division
of
this
1
Act
shall
not
be
construed
to
limit
or
impair
the
ability
of
2
law
enforcement
personnel
to
investigate
any
activity
that
may
3
violate
the
laws
of
the
state.
4
Sec.
4.
EFFECTIVE
UPON
ENACTMENT.
This
division
of
this
5
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
6
enactment.
7
Sec.
5.
RETROACTIVE
APPLICABILITY.
The
section
of
this
8
division
of
this
Act
amending
section
22.7,
subsection
11,
9
applies
retroactively
to
all
information
described
in
section
10
22.7,
subsection
11,
paragraph
“a”,
subparagraphs
(1)
through
11
(5),
as
amended
by
this
division
of
this
Act,
relating
to
12
information
of
such
individuals
contained
as
of
or
after
13
January
1,
2004,
in
personnel
records.
14
DIVISION
II
15
STATE
EMPLOYEE
BONUSES
16
Sec.
6.
NEW
SECTION
.
22.13B
Executive
branch
bonuses
——
17
disclosure.
18
1.
For
purposes
of
this
section:
19
a.
“Bonus
pay”
means
any
additional
remuneration
provided
an
20
employee
in
the
form
of
a
bonus,
including
but
not
limited
to
a
21
retention
bonus,
recruitment
bonus,
exceptional
job
performance
22
pay,
extraordinary
job
performance
pay,
exceptional
performance
23
pay,
extraordinary
duty
pay,
or
extraordinary
or
special
duty
24
pay,
and
any
extra
benefit
not
otherwise
provided
to
other
25
similarly
situated
employees.
26
b.
“Executive
branch
employee”
means
an
employee
of
the
27
executive
branch
of
state
government,
which
includes
any
28
unit
of
state
government,
including
but
not
limited
to
an
29
authority,
board,
commission,
committee,
council,
department,
30
or
independent
agency
as
defined
in
section
7E.4,
and
each
31
principal
central
department
enumerated
in
section
7E.5;
32
the
office
of
the
governor;
and
the
office
of
an
elective
33
constitutional
or
statutory
officer.
34
2.
A
decision
to
provide
bonus
pay
to
an
executive
branch
35
-3-
LSB
1416XL
(5)
86
ec/rj
3/
7
S.F.
_____
H.F.
_____
employee,
including
the
amount
paid
and
the
documented
reasons
1
and
rationale
for
the
bonus
paid,
shall
be
a
public
record.
2
3.
All
decisions
to
provide
bonus
pay
to
an
executive
branch
3
employee,
including
information
described
in
subsection
2,
4
shall
be
made
easily
accessible
to
the
public
on
an
internet
5
site
maintained
as
follows:
6
a.
For
decisions
to
provide
bonus
pay
to
an
employee
of
the
7
executive
branch,
excluding
an
employee
of
the
state
board
of
8
regents
or
institution
under
the
control
of
the
state
board
of
9
regents,
by
the
department
of
administrative
services.
10
b.
For
decisions
to
provide
bonus
pay
to
an
employee
of
the
11
state
board
of
regents
or
institution
under
the
control
of
the
12
state
board
of
regents,
by
the
state
board
of
regents.
13
Sec.
7.
EFFECTIVE
UPON
ENACTMENT.
This
division
of
this
14
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
15
enactment.
16
DIVISION
III
17
GOVERNMENTAL
ACCOUNTABILITY
PORTAL
18
Sec.
8.
Section
23.1,
Code
2015,
is
amended
to
read
as
19
follows:
20
23.1
Citation
and
purpose.
21
This
chapter
may
be
cited
as
the
“Iowa
Public
Information
22
Board
Act”
.
The
purpose
of
this
chapter
is
to
enhance
citizen
23
interaction
with
state
government
and
to
provide
an
alternative
24
means
by
which
to
secure
compliance
with
and
enforcement
of
the
25
requirements
of
chapters
21
and
22
through
the
provision
by
the
26
Iowa
public
information
board
to
all
interested
parties
of
an
27
efficient,
informal,
and
cost-effective
process
for
resolving
28
disputes.
29
Sec.
9.
Section
23.6,
Code
2015,
is
amended
by
adding
the
30
following
new
subsection:
31
NEW
SUBSECTION
.
11A.
Develop
and
maintain
an
32
internet-based
government
accountability
portal
to
provide
33
public
access
to
and
to
foster
public
interaction
with
state
34
government
agencies.
The
portal
shall
facilitate
public
access
35
-4-
LSB
1416XL
(5)
86
ec/rj
4/
7
S.F.
_____
H.F.
_____
and
interaction
with
state
agencies
by
allowing
the
public
to
1
register
complaints,
make
comments
and
suggestions,
and
receive
2
timely
responses
to
information
requests.
3
Sec.
10.
GOVERNMENT
ACCOUNTABILITY
PORTAL
——
4
DEVELOPMENT.
The
Iowa
public
information
board,
in
5
collaboration
with
the
office
of
the
chief
information
officer,
6
shall
develop
and
establish
a
government
accountability
portal
7
to
serve
as
a
primary
access
point
for
citizens
to
interact
8
with
state
government
agencies,
enabling
the
public
to
register
9
complaints,
make
comments
and
suggestions,
and
receive
timely
10
responses
to
information
requests.
11
EXPLANATION
12
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
13
the
explanation’s
substance
by
the
members
of
the
general
assembly.
14
This
bill
concerns
government
accountability
and
government
15
employment
practices.
16
PERSONNEL
RECORDS
AND
SETTLEMENT
AGREEMENTS.
This
division
17
of
the
bill
relates
to
personal
information
in
confidential
18
personnel
records
of
government
bodies
and
personnel
settlement
19
agreements.
20
Code
section
22.7(11),
governing
personal
information
21
in
confidential
personnel
records
of
government
bodies,
22
is
amended.
Previous
legislation,
effective
May
12,
2011,
23
provides
that
certain
information
in
confidential
personnel
24
records
is
considered
a
public
record.
The
bill
provides
25
that
this
information
in
a
confidential
personnel
record
as
26
of
or
after
January
1,
2004,
is
a
public
record.
The
bill
27
further
amends
this
subsection
to
provide
that
information
28
in
an
official’s,
officer’s,
or
employee’s
personnel
records
29
concerning
the
fact
that
such
an
individual
resigned
in
30
lieu
of
termination
or
was
demoted
as
the
result
of
a
final
31
disciplinary
action
by
a
government
body
and
the
documented
32
reasons
and
rationale
for
any
resignation
in
lieu
of
33
termination,
discharge,
or
demotion
against
an
individual
34
are
public
records
and
not
confidential.
Under
current
law,
35
-5-
LSB
1416XL
(5)
86
ec/rj
5/
7
S.F.
_____
H.F.
_____
only
the
fact
in
a
personnel
record
that
the
individual
was
1
discharged
is
considered
a
public
record
and
not
confidential.
2
The
amendments
to
this
subsection
take
effect
upon
enactment
3
and
apply
retroactively
to
information
contained
as
of
or
after
4
January
1,
2004,
in
personnel
records.
5
New
Code
section
22.13A
provides
that
personnel
settlement
6
agreements
between
the
state
and
an
employee
of
the
state
shall
7
not
contain
any
confidentiality
or
nondisclosure
provisions
8
that
attempt
to
prevent
the
disclosure
of
the
personnel
9
settlement
agreement
and
shall
be
made
available
to
the
public
10
on
an
internet
site.
In
addition,
the
bill
provides
that
any
11
confidentiality
or
nondisclosure
provision
in
a
personnel
12
settlement
agreement
is
not
enforceable.
New
Code
section
13
22.13A
is
applicable
to
employees
of
the
executive
branch
of
14
government
and
defines
a
personnel
settlement
agreement
as
a
15
binding
legal
agreement
between
a
state
employee
and
the
state
16
employee’s
employer,
subject
to
Code
section
22.13
relating
to
17
settlement
agreements
as
public
records,
to
resolve
a
personnel
18
dispute
including
but
not
limited
to
certain
grievances.
The
19
bill
provides
that
the
internet
site
be
maintained
by
the
20
department
of
administrative
services
or
board
of
regents,
21
as
applicable,
based
on
the
employee
covered.
The
bill
also
22
provides
that
the
requirements
of
this
new
provision
shall
not
23
be
superseded
by
any
collective
bargaining
agreement.
These
24
provisions
of
this
division
of
this
bill
take
effect
upon
25
enactment.
26
The
division
further
provides
that
this
division
of
the
bill
27
shall
not
be
construed
to
limit
the
ability
of
law
enforcement
28
personnel
to
investigate
any
activity
that
may
violate
state
29
law.
30
STATE
EMPLOYEE
BONUSES.
This
division
of
the
bill
concerns
31
executive
branch
bonuses.
New
Code
section
22.13B
requires
32
that
information
concerning
bonus
pay
awarded
to
an
executive
33
branch
employee
in
any
amount,
including
the
name
of
the
34
employee,
the
amount
paid
and
the
reasons
for
the
bonus,
shall
35
-6-
LSB
1416XL
(5)
86
ec/rj
6/
7
S.F.
_____
H.F.
_____
be
made
easily
accessible
to
the
public
on
an
internet
site.
1
This
division
of
the
bill
takes
effect
upon
enactment.
2
GOVERNMENT
ACCOUNTABILITY
PORTAL.
This
division
of
the
3
bill
concerns
establishment
of
a
government
accountability
4
portal
under
the
authority
of
the
Iowa
public
information
5
board.
The
bill
amends
Code
section
23.1
to
provide
that
a
6
purpose
of
the
Code
chapter
is
to
enhance
citizen
interaction
7
with
state
government
and
amends
Code
section
23.6
to
require
8
the
Iowa
public
information
board
to
develop
and
maintain
an
9
internet-based
government
accountability
portal.
The
bill
10
directs
the
Iowa
public
information
board,
in
collaboration
11
with
the
office
of
the
chief
information
officer,
to
develop
12
and
establish
a
government
accountability
portal
to
serve
as
13
a
primary
access
point
for
citizens
to
interact
with
state
14
government
agencies.
15
-7-
LSB
1416XL
(5)
86
ec/rj
7/
7
