Hire, evaluate, promote, demote, transfer, assign and retain public employees in positions within the public agency.

3.

Suspend or discharge public employees for proper cause .

Sec.

5.

Section 20.8, Code 2017, is amended by adding the following new subsection:

NEW SUBSECTION.

5.

Exercise any right or seek any remedy provided by law, including but not limited to those rights and remedies available under sections 70A.28 and 70A.29, chapter 8A, subchapter IV, and chapters 216 and 400.

Sec.

6.

Section 20.9, Code 2017, is amended to read as follows:

20.9 Scope of negotiations.

1.

The For negotiations regarding a bargaining unit with a majority of members who are public safety employees, the public employer and the employee organization shall meet at reasonable times, including meetings reasonably in advance of the public employer’s budget-making process, to negotiate in good faith with respect to wages, hours, vacations, insurance, holidays, leaves of absence, shift differentials, overtime compensation, supplemental pay, seniority, transfer procedures, job classifications, health and safety matters, evaluation procedures, procedures for staff reduction, in-service training, grievance procedures for resolving any questions LSB 1725XS (2) 87 -2- je/rj 2/68 S.F.

213 arising under the agreement, and other matters mutually agreed upon.

Negotiations shall also include terms authorizing dues checkoff for members of the employee organization and grievance procedures for resolving any questions arising under the agreement, which shall be embodied in a written agreement and signed by the parties.

If an agreement provides for dues checkoff, a member’s dues may be checked off only upon the member’s written request and the member may terminate the dues checkoff at any time by giving thirty days’ written notice.

For negotiations regarding a bargaining unit that does not have a majority of members who are public safety employees, the public employer and the employee organization shall meet at reasonable times, including meetings reasonably in advance of the public employer’s budget-making process, to negotiate in good faith with respect to base wages and other matters mutually agreed upon.

Such obligation to negotiate in good faith does not compel either party to agree to a proposal or make a concession.

Mandatory subjects of negotiation specified in this subsection shall be interpreted narrowly and restrictively.

2.

Nothing in this section shall diminish the authority and power of the department of administrative services, board of regents’ merit system, Iowa public broadcasting board’s merit system, or any civil service commission established by constitutional provision, statute, charter, or special act to recruit employees, prepare, conduct, and grade examinations, rate candidates in order of their relative scores for certification for appointment or promotion or for other matters of classification, reclassification, or appeal rights in the classified service of the public employer served.

3.

All retirement systems, dues checkoffs, and other payroll deductions for political action committees or other political contributions or political activities shall be excluded from the scope of negotiations.

For negotiations regarding a bargaining unit that does not have a majority of LSB 1725XS (2) 87 -3- je/rj 3/68 S.F.

213 members who are public safety employees, insurance, leaves of absence for political activities, supplemental pay, transfer procedures, evaluation procedures, procedures for staff reduction, release time, subcontracting public services, grievance procedures for resolving any questions arising under the agreement, and seniority and any wage increase, employment benefit, or other employment advantage based on seniority shall also be excluded from the scope of negotiations.

4.

The term of a contract entered into pursuant to this chapter shall not exceed five years.

Sec.

7.

Section 20.10, subsection 3, Code 2017, is amended by adding the following new paragraph:

NEW PARAGRAPH .

j.

Negotiate or attempt to negotiate directly with a member of the governing board of a public employer if the public employer has appointed or authorized a bargaining representative for the purpose of bargaining with the public employees or their representative, unless the member of the governing board is the designated bargaining representative of the public employer.

Sec.

8.

Section 20.12, subsection 5, Code 2017, is amended to read as follows:

5.

If an employee organization or any of its officers is held to be in contempt of court for failure to comply with an injunction pursuant to this section, or is convicted of violating this section, the employee organization shall be immediately decertified, shall cease to represent the bargaining unit, shall cease to receive any dues by checkoff, and may again be certified only after twelve twenty-four months have elapsed from the effective date of decertification and only after if a new compliance with petition for certification pursuant to section 20.14 is filed and a new certification election pursuant to section 20.15 is held .

The penalties provided in this section may be suspended or modified by the court, but only upon request of the public employer and only if the court determines the suspension or modification is in LSB 1725XS (2) 87 -4- je/rj 4/68 S.F.

213 the public interest.

Sec.

SectionPage 20.15,41, Codeline 2017,24, isby amendedstriking to<a readmajority asof follows:> 10.

20.15Page Elections44, ——line agreements18, withby thestriking state<a .majority of > 11.

1.By renumbering as necessary.

Initial______________________________ certificationNATE elections.BOULTON SF213.426 (2) 87 -1- je/rj 1/1

a.

Upon the filing of a petition for certification of an employee organization, the board shall submit a question to the public employees at an election in the bargaining unit found appropriate by the board.

The question on the ballot shall permit the public employees to vote for no bargaining representation or for any employee organization which has petitioned for certification or which has presented proof satisfactory to the board of support of ten thirty percent or more of the public employees in the appropriate unit.

2.

b.

(1) If a majority of the votes cast on the question is public employees in the bargaining unit vote for no bargaining representation, the public employees in the bargaining unit found appropriate by the board shall not be represented by an employee organization.

(2) If a majority of the votes cast on the question is public employees in the bargaining unit vote for a listed employee organization, then that employee organization shall represent the public employees in the bargaining unit found appropriate by the board.

3.

(3) If none of the choices on the ballot receive the vote of a majority of the public employees voting in the bargaining unit, the board shall conduct a runoff election among the two choices receiving the greatest number of votes the public employees in the bargaining unit found appropriate by the board shall not be represented by an employee organization.

c.

The board shall not consider a petition for certification of an employee organization as the exclusive representative of a bargaining unit unless a period of two years has elapsed from the date of the last certification election LSB 1725XS (2) 87 -5- je/rj 5/68 S.F.

213 in which an employee organization was not certified as the exclusive representative of that bargaining unit, of the last retention and recertification election in which an employee organization was not retained and recertified as the exclusive representative of that bargaining unit, or of the last decertification election in which an employee organization was decertified as the exclusive representative of that bargaining unit.

The board shall also not consider a petition for certification as the exclusive bargaining representative of a bargaining unit if the bargaining unit is at that time represented by a certified exclusive bargaining representative.

2.

Retention and recertification elections.

a.

The board shall conduct an election to retain and recertify the bargaining representative of a bargaining unit prior to the expiration of the bargaining unit’s collective bargaining agreement.

The question on the ballot shall be whether the bargaining representative of the public employees in the bargaining unit shall be retained and recertified as the bargaining representative of the public employees in the bargaining unit.

For collective bargaining agreements with a June 30 expiration date, the election shall occur between June 1 and November 1, both dates included, in the year prior to that expiration date.

For collective bargaining agreements with a different expiration date, the election shall occur between three hundred sixty-five and two hundred seventy days prior to the expiration date.

b.

(1) If a majority of the public employees in the bargaining unit vote to retain and recertify the representative, the board shall retain and recertify the bargaining representative and the bargaining representative shall continue to represent the public employees in the bargaining unit.

(2) If a majority of the public employees in the bargaining unit do not vote to retain and recertify the representative, the board, after the period for filing written objections LSB 1725XS (2) 87 -6- je/rj 6/68 S.F.

213 pursuant to subsection 4 has elapsed, shall immediately decertify the representative and the public employees shall not be represented by an employee organization except pursuant to the filing of a subsequent petition for certification of an employee organization as provided in section 20.14 and an election conducted pursuant to such petition.

Such written objections and decertifications shall be subject to applicable administrative and judicial review.

3.

Decertification elections.

a.

Upon the filing of a petition for decertification of an employee organization, the board shall submit a question to the public employees at an election in the bargaining unit found appropriate by the board.

The question on the ballot shall be whether the bargaining representative of the public employees in the bargaining unit shall be decertified as the bargaining representative of public employees in the bargaining unit.

b.

(1) If a majority of the public employees in the bargaining unit vote to decertify the bargaining representative, the board, after the period for filing written objections pursuant to subsection 4 has elapsed, shall immediately decertify the representative and the public employees shall not be represented by an employee organization except pursuant to the filing of a subsequent petition for certification of an employee organization as provided in section 20.14 and an election conducted pursuant to such petition.

Such written objections and decertifications shall be subject to applicable administrative and judicial review.

(2) If a majority of the public employees in the bargaining unit do not vote to decertify the bargaining representative, the bargaining representative shall continue to represent the public employees in the bargaining unit.

c.

The board shall not consider a petition for decertification of an employee organization unless a bargaining unit’s collective bargaining agreement exceeds two years in length.

The board shall not schedule a LSB 1725XS (2) 87 -7- je/rj 7/68 S.F.

213 decertification election for a bargaining unit within one year of a prior certification, retention and recertification, or decertification election involving the bargaining unit.

Unless otherwise prohibited by this paragraph, the board shall schedule a decertification election not less than one hundred fifty days before the expiration date of the bargaining unit’s collective bargaining agreement.

4.

Invalidation of elections.

Upon written objections filed by any party to public employee, public employer, or employee organization involved in the election within ten days after notice of the results of the election, if the board finds that misconduct or other circumstances prevented the public employees eligible to vote from freely expressing their preferences, the board may invalidate the election and hold a second election for the public employees.

5.

Results certified.

Upon completion of a valid election in which the majority choice of the public employees voting in the bargaining unit is determined, the board shall certify the results of the election and shall give reasonable notice of the order to all employee organizations listed on the ballot, the public employers, and the public employees in the appropriate bargaining unit.

6.

State agreements.

a.

A petition for certification as exclusive bargaining representative of a bargaining unit shall not be considered by the board for a period of one year from the date of the noncertification of an employee organization as the exclusive bargaining representative of that bargaining unit following a certification election.

A petition for certification as the exclusive bargaining representative of a bargaining unit shall also not be considered by the board if the bargaining unit is at that time represented by a certified exclusive bargaining representative.

b.

A petition for the decertification of the exclusive bargaining representative of a bargaining unit shall not be considered by the board for a period of one year from the date LSB 1725XS (2) 87 -8- je/rj 8/68 S.F.

213 of its certification, or within one year of its continued certification following a decertification election, or during the duration of a collective bargaining agreement which, for purposes of this section, shall be deemed not to exceed two years.

However, if a petition for decertification is filed during the duration of a collective bargaining agreement, the board shall award an election under this section not more than one hundred eighty days and not less than one hundred fifty days prior to the expiration of the collective bargaining agreement.

If an employee organization is decertified, the board may receive petitions under section 20.14, provided that no such petition and no election conducted pursuant to such petition within one year from decertification shall include as a party the decertified employee organization.

c.

A collective bargaining agreement with the state, its boards, commissions, departments, and agencies shall be for two years.

and the The provisions of a collective bargaining agreement or arbitrator’s award affecting state employees shall not provide for renegotiations which would require the refinancing of salary and fringe benefits subjects within the scope of negotiations under section 20.9 for the second year of the term of the agreement, except as provided in section 20.17, subsection 6, and the .

The effective date of any such agreement shall be July 1 of odd-numbered years, provided that if an exclusive bargaining representative is certified on a date which will prevent the negotiation of a collective bargaining agreement prior to July 1 of odd-numbered years for a period of two years, the certified collective bargaining representative may negotiate a one-year contract with the public employer which shall be effective from July 1 of the even-numbered year to July 1 of the succeeding odd-numbered year when new contracts agreements shall become effective.

Sec.

10.

Section 20.17, subsection 8, Code 2017, is amended to read as follows:

8.

a.

The salaries of all public employees of the state LSB 1725XS (2) 87 -9- je/rj 9/68 S.F.

213 under a merit system and all other fringe benefits which are granted to all subjects within the scope of negotiations pursuant to the provisions of section 20.9 regarding public employees of the state shall be negotiated with the governor or the governor’s designee on a statewide basis, except those benefits which are not subject to subjects excluded from the scope of negotiations pursuant to the provisions of section 20.9, subsection 3.

b.

For the negotiation of such a proposed, statewide collective bargaining agreement to become effective in the year following an election described in section 39.9, a ratification election referred to in section 20.17, subsection 4, shall not be held, and the parties shall not request arbitration as provided in section 20.22, subsection 1, until at least two weeks after the date of the beginning of the term of office of the governor in that year as prescribed in the Constitution of the State of Iowa.

On or after the beginning of the term of office of the governor in that year as prescribed in the Constitution of the State of Iowa, the governor shall have the authority to reject such a proposed statewide collective bargaining agreement.

If the governor does so, the parties shall commence collective bargaining in accordance with section 20.17.

Such negotiation shall be complete not later than March 15 of that year, unless the parties mutually agree to a different deadline.

The board shall adopt rules pursuant to chapter 17A providing for alternative deadlines for the completion of the procedures provided in sections 20.17, 20.19, 20.20, and 20.22 for negotiation of such statewide collective bargaining agreements in such years, which deadlines may be waived by mutual agreement of the parties.

Sec.

11.

Section 20.17, subsection 9, Code 2017, is amended by striking the subsection.

Sec.

12.

Section 20.18, subsection 1, Code 2017, is amended to read as follows:

1.

An agreement with an employee organization which LSB 1725XS (2) 87 -10- je/rj 10/68 S.F.

213 is the exclusive representative of public employees in an appropriate unit with a majority of members who are public safety employees may provide procedures for the consideration of public employee and employee organization grievances over the interpretation and application of agreements.

Negotiated Such negotiated procedures may provide for binding arbitration of public employee and employee organization grievances over the interpretation and application of existing agreements.

An arbitrator’s decision on a grievance may shall not change or amend the terms, conditions, or applications of the collective bargaining agreement.

Such procedures shall provide for the invoking of arbitration only with the approval of the employee organization in all instances, and in the case of an employee grievance, only with the additional approval of the public employee.

The costs of arbitration shall be shared equally by the parties.

Sec.

13.

Section 20.22, subsections 2, 3, 7, 8, and 9, Code 2017, are amended to read as follows:

2.

Each party shall serve its final offer on each of the impasse items upon the other party within four days of the board’s receipt of the request for arbitration, or by a deadline otherwise agreed upon by the parties.

The parties may continue to negotiate all offers until an agreement is reached or an award is rendered by the arbitrator.

The full costs of arbitration under this section shall be shared equally by the parties to the dispute.

3.

The submission of the impasse items to the arbitrator shall be limited to those items upon which the parties have not reached agreement.

With respect to each such item, the arbitrator’s award shall be restricted to the final offers on each impasse item submitted by the parties to the arbitrator, except as provided in subsection 9, paragraph “b”.

7.

The For an arbitration to which a bargaining unit that has a majority of members who are public safety employees is a party, the arbitrator shall consider and specifically address LSB 1725XS (2) 87 -11- je/rj 11/68 S.F.

213 in the arbitrator’s decision, in addition to any other relevant factors, the following factors:

a.

Past collective bargaining contracts between the parties including the bargaining that led up to such contracts.

b.

Comparison of wages, hours and conditions of employment of the involved public employees with those of other public employees doing comparable work, giving consideration to factors peculiar to the area and the classifications involved.

c.

The interests and welfare of the public, the ability of the public employer to finance economic adjustments and the effect of such adjustments on the normal standard of services.

d.

The power of the public employer to levy taxes and appropriate funds for the conduct of its operations.

8.

a.

The arbitrator may administer oaths, examine witnesses and documents, take testimony and receive evidence, and issue subpoenas to compel the attendance of witnesses and the production of records.

The arbitrator may petition the district court at the seat of government or of the county in which the hearing is held to enforce the order of the arbitrator compelling the attendance of witnesses and the production of records.

b.

The parties shall not introduce, and the arbitrator shall not accept or consider, any direct or indirect evidence regarding any subject excluded from negotiations pursuant to section 20.9.

9.

a.

The arbitrator shall select within fifteen days after the hearing the most reasonable offer, in the arbitrator’s judgment, of the final offers on each impasse item submitted by the parties.

b.

(1) However, for an arbitration to which a bargaining unit that does not have a majority of members who are public safety employees is a party, with respect to any increase in base wages, the arbitrator’s award shall not exceed the lesser of the following percentages in any one-year period in the duration of the bargaining agreement:

LSB 1725XS (2) 87 -12- je/rj 12/68 S.F.

213 (a) Three percent.

(b) A percentage equal to the increase in the consumer price index for all urban consumers for the midwest region, if any, as determined by the United States department of labor, bureau of labor statistics, or a successor index.

Such percentage shall be the change in the consumer price index for the twelve-month period beginning eighteen months prior to the month in which the impasse item regarding base wages was submitted to the arbitrator and ending six months prior to the month in which the impasse item regarding base wages was submitted to the arbitrator.

(2) To assist the parties in the preparation of their final offers on an impasse item regarding base wages, the board shall provide information to the parties regarding the change in the consumer price index for all urban consumers for the midwest region for any twelve-month period.

The department of workforce development shall assist the board in preparing such information upon request.

Sec.

14.

Section 20.22, Code 2017, is amended by adding the following new subsection:

NEW SUBSECTION .

7A.

For an arbitration to which a bargaining unit that does not have a majority of members who are public safety employees is a party, the following shall apply:

a.

The arbitrator shall consider and specifically address in the arbitrator’s determination, in addition to any other relevant factors, the following factors:

(1) Comparison of base wages, hours, and conditions of employment of the involved public employees with those of other public employees doing comparable work, giving consideration to factors peculiar to the area and the classifications involved.

To the extent adequate, applicable data is available, the arbitrator shall also compare base wages, hours, and conditions of employment of the involved public employees with those of private sector employees doing comparable work, LSB 1725XS (2) 87 -13- je/rj 13/68 S.F.

213 giving consideration to factors peculiar to the area and the classifications involved.

(2) The interests and welfare of the public.

(3) The financial ability of the employer to meet the cost of an offer in light of the current economic conditions of the public employer.

The arbitrator shall give substantial weight to evidence that the public employer’s authority to utilize funds is restricted to special purposes or circumstances by state or federal law, rules, regulations, or grant requirements.

b.

The arbitrator shall not consider the following factors:

(1) Past collective bargaining agreements between the parties or bargaining that led to such agreements.

(2) The public employer’s ability to fund an award through the increase or imposition of new taxes, fees, or charges, or to develop other sources of revenues.

Sec.

15.

Section 20.26, unnumbered paragraph 4, Code 2017, is amended to read as follows:

Nothing in this section shall be construed to prohibit voluntary contributions by individuals to political parties or candidates, provided that such contributions are not made through payroll deductions.

Sec.

16.

Section 20.29, Code 2017, is amended to read as follows:

20.29 Filing agreement —— public access —— internet site .

1.

Copies of collective bargaining agreements entered into between the state and the state employees’ bargaining representatives and made final under this chapter shall be filed with the secretary of state and be made available to the public at cost.

2.

The board shall maintain an internet site that allows searchable access to a database of collective bargaining agreements and other collective bargaining information.

Sec.

17.

Section 20.30, Code 2017, is amended by striking the section and inserting in lieu thereof the following:

LSB 1725XS (2) 87 -14- je/rj 14/68 S.F.

213 20.30 Supervisory member —— no reduction before retirement.

A supervisory member of any department or agency employed by the state of Iowa shall not be granted a voluntary reduction to a nonsupervisory rank or grade during the thirty-six months preceding retirement of the member.

A member of any department or agency employed by the state of Iowa who retires in less than thirty-six months after voluntarily requesting and receiving a reduction in rank or grade from a supervisory to a nonsupervisory position shall be ineligible for a benefit to which the member is entitled as a nonsupervisory member but is not entitled as a supervisory member.

Sec.

18.

Section 20.31, subsection 2, unnumbered paragraph 1, Code 2017, is amended to read as follows:

A mediator shall not be required to testify in any judicial, administrative, arbitration, or grievance proceeding regarding any matters occurring in the course of a mediation, including any verbal or written communication or behavior, other than facts relating exclusively to the timing or scheduling of mediation.

A mediator shall not be required to produce or disclose any documents, including notes, memoranda, or other work product, relating to mediation, other than documents relating exclusively to the timing or scheduling of mediation.

This subsection shall not apply in any of the following circumstances:

Sec.

19.

Section 22.7, subsection 69, Code 2017, is amended to read as follows:

69.

The evidence of public employee support for the certification, retention and recertification, or decertification of an employee organization as defined in section 20.3 that is submitted to the public employment relations board as provided in sections section 20.14 and or 20.15.

Sec.

20.

Section 22.7, Code 2017, is amended by adding the following new subsection:

NEW SUBSECTION .

70.

Information indicating whether LSB 1725XS (2) 87 -15- je/rj 15/68 S.F.

213 a public employee voted in a certification, retention and recertification, or decertification election held pursuant to section 20.15 or how the employee voted on any question on a ballot in such an election.

Sec.

21.

Section 70A.17A, subsection 3, Code 2017, is amended by striking the subsection.

Sec.

22.

Section 70A.19, Code 2017, is amended by striking the section and inserting in lieu thereof the following:

70A.19 Payroll deduction for employee organization dues prohibited.

The state, a state agency, a regents institution, a board of directors of a school district, a community college, or an area education agency, a county board of supervisors, a governing body of a city, or any other public employer as defined in section 20.3 shall not authorize or administer a deduction from the salaries or wages of its employees for membership dues to an employee organization as defined in section 20.3.

Sec.

23.

Section 412.2, subsection 1, Code 2017, is amended to read as follows:

1.

From the proceeds of the assessments on the wages and salaries of employees, of any such waterworks system, or other municipally owned and operated public utility, eligible to receive the benefits thereof.

Notwithstanding any provisions of section 20.9 to the contrary, a council, board of waterworks, or other board or commission which establishes a pension and annuity retirement system pursuant to this chapter, shall negotiate in good faith with a certified employee organization as defined in section 20.3, which is the collective bargaining representative of the employees, with respect to the amount or rate of the assessment on the wages and salaries of employees and the method or methods for payment of the assessment by the employees.

Sec.

24.

Section 602.1401, subsection 3, paragraph b, Code 2017, is amended to read as follows:

b.

For purposes of chapter 20, the certified representative, LSB 1725XS (2) 87 -16- je/rj 16/68 S.F.

213 which on July 1, 1983, represents employees who become judicial branch employees as a result of 1983 Iowa Acts, ch.

186, shall remain the certified representative when the employees become judicial branch employees and thereafter, unless the public employee organization is not retained and recertified or is decertified in an election held under section 20.15 or amended or absorbed into another certified organization pursuant to chapter 20.

Collective bargaining negotiations shall be conducted on a statewide basis and the certified employee organizations which engage in bargaining shall negotiate on a statewide basis, although bargaining units shall be organized by judicial district.

The public employment relations board shall adopt rules pursuant to chapter 17A to implement this subsection.

Sec.

25.

TRANSITION PROCEDURES —— EMERGENCY RULES.

1.

As of the effective date of this division of this Act, parties, mediators, and arbitrators engaging in any collective bargaining procedures provided for in chapter 20, Code 2017, who have not, before the effective date of this division of this Act, completed such procedures, shall immediately terminate any such procedures in process.

A collective bargaining agreement negotiated pursuant to such procedures in process shall not become effective.

Parties, mediators, and arbitrators shall not engage in further collective bargaining procedures except as provided in this section.

Such parties, on or after the effective date of this division of this Act, may commence collective bargaining in accordance with section 20.17, as amended in this division of this Act.

If such parties include a state public employer and a state employee organization, negotiation of a proposed collective bargaining agreement to become effective during the remainder of calendar year 2017 shall be complete not later than March 15, 2017, unless the parties mutually agree to a different deadline.

If such parties include public employees represented by a certified employee organization who are employed by a public LSB 1725XS (2) 87 -17- je/rj 17/68 S.F.

213 employer which is a school district, area education agency, or community college, negotiation of a proposed collective bargaining agreement to become effective during the remainder of calendar year 2017 shall be complete not later than June 30, 2017, unless the parties mutually agree to a different deadline.

2.

The public employment relations board shall adopt emergency rules under section 17A.4, subsection 3, and section 17A.5, subsection 2, paragraph “b”, to provide for procedures as deemed necessary to implement the provisions of this section and the rules shall be effective immediately upon filing unless a later date is specified in the rules.

Such rules shall include but are not limited to alternative deadlines for completion of the procedures provided in sections 20.17 and 20.22, as amended by this division of this Act, and sections 20.19 and 20.20, which deadlines may be waived by mutual agreement of the parties.

Sec.

26.

EFFECTIVE UPON ENACTMENT.

This division of this Act, being deemed of immediate importance, takes effect upon enactment.

Sec.

27.

APPLICABILITY.

1.

With the exception of the section of this division of this Act amending section 20.6, subsection 1, this division of this Act does not apply to collective bargaining agreements which have been ratified in a ratification election referred to in section 20.17, subsection 4, for which an arbitrator has made a final determination as described in section 20.22, subsection 11, or which have become effective, where such events occurred before the effective date of this division of this Act.

This division of this Act applies to all collective bargaining procedures provided for in chapter 20 occurring on and after the effective date of this division of this Act and collective bargaining agreements for which a ratification election referred to in section 20.17, subsection 4, is held, for which an arbitrator makes a final determination as LSB 1725XS (2) 87 -18- je/rj 18/68 S.F.

213 described in section 20.22, subsection 11, or which, unless otherwise provided in this section, become effective on or after the effective date of this division of this Act.

2.

The provision of this division of this Act amending section 70A.19 does not apply to dues deductions required by collective bargaining agreements which have been ratified in a ratification election referred to in section 20.17, subsection 4, for which an arbitrator has made a final determination as described in section 20.22, subsection 11, or which have become effective, where such events occurred before the effective date of this division of this Act.

3.

Section 20.15, subsection 2, as enacted by this division of this Act, does not apply to collective bargaining agreements with expiration dates occurring before April 1, 2018.

DIVISION II EDUCATOR EMPLOYMENT MATTERS Sec.

28.

Section 279.13, subsections 2 and 5, Code 2017, are amended to read as follows:

2.

The contract shall remain in force and effect for the period stated in the contract and shall be automatically continued for equivalent periods except as modified or terminated by mutual agreement of the board of directors and the teacher or as modified or terminated in accordance with the provisions specified in this chapter.

A contract shall not be offered by the employing board to a teacher under its jurisdiction prior to March 15 of any year.

A teacher who has not accepted a contract for the ensuing school year tendered by the employing board may resign effective at the end of the current school year by filing a written resignation with the secretary of the board.

The resignation must be filed not later than the last day of the current school year or the date specified by the employing board for return of the contract, whichever date occurs first.

However, a teacher shall not be required to return a contract to the board or to resign less than twenty-one days after the contract has been offered.

LSB 1725XS (2) 87 -19- je/rj 19/68 S.F.

213 5.

Notwithstanding the other provisions of this section, a temporary contract may be issued to a teacher for a period of up to six months.

Notwithstanding the other provisions of this section, a temporary contract may also be issued to a teacher to fill a vacancy created by a leave of absence in accordance with the provisions of section 29A.28, which contract shall automatically terminate upon return from military leave of the former incumbent of the teaching position and which contract .

Temporary contacts shall not be subject to the provisions of sections 279.15 through 279.19, or section 279.27.

A separate extracurricular contract issued pursuant to section 279.19A to a person issued a temporary contract under this section shall automatically terminate with the termination of the temporary contract as required under section 279.19A, subsection 8.

Sec.

29.

Section 279.13, subsection 4, unnumbered paragraph 1, Code 2017, is amended to read as follows:

For purposes of this section, sections 279.14, 279.15 through 279.17 , 279.16, 279.19, and 279.27, unless the context otherwise requires, “teacher” includes the following individuals employed by a community college:

Sec.

30.

Section 279.14, Code 2017, is amended to read as follows:

279.14 Evaluation criteria and procedures.

1.

The board shall establish evaluation criteria and shall implement evaluation procedures.

If an exclusive bargaining representative has been certified, the board shall negotiate in good faith with respect to evaluation procedures pursuant to chapter 20.

2.

The determination of standards of performance expected of school district personnel shall be reserved as an exclusive management right of the school board and shall not be subject to mandatory negotiations under chapter 20.

Notwithstanding chapter 20, objections to the procedures, use, or content of an evaluation in a teacher termination proceeding brought before the school board in a hearing held in accordance with LSB 1725XS (2) 87 -20- je/rj 20/68 S.F.

213 section 279.16 or 279.27 shall not be subject to the grievance procedures negotiated in accordance with chapter 20.

A school district shall not be obligated to process any evaluation grievance after service of a notice and recommendation to terminate an individual’s continuing teaching contract in accordance with this chapter.

Sec.

31.

Section 279.15, subsection 2, paragraph c, Code 2017, is amended to read as follows:

c.

Within five days of the receipt of the written notice that the superintendent is recommending termination of the contract, the teacher may request, in writing to the secretary of the board, a private hearing with the board.

The private hearing shall not be subject to chapter 21 and shall be held no sooner than ten twenty days and no later than twenty forty days following the receipt of the request unless the parties otherwise agree.

The secretary of the board shall notify the teacher in writing of the date, time, and location of the private hearing, and at least five ten days before the hearing shall also furnish to the teacher any documentation which may be presented to the board at the private hearing and a list of persons who may address the board in support of the superintendent’s recommendation at the private hearing.

At least three seven days before the hearing, the teacher shall provide any documentation the teacher expects to present at the private hearing, along with the names of any persons who may address the board on behalf of the teacher.

This exchange of information shall be at the time specified unless otherwise agreed.

Sec.

32.

Section 279.16, subsections 1, 2, 6, 7, 8, 9, and 10, Code 2017, are amended to read as follows:

1.

The participants at the private hearing shall be at least a majority of the members of the board, and their legal representatives, if any, the and the witnesses for the parties.

The superintendent, the superintendent’s designated representatives, if any, the teacher’s immediate supervisor, LSB 1725XS (2) 87 -21- je/rj 21/68 S.F.

213 the teacher, and the teacher’s representatives, if any, and the witnesses for the parties may participate in the hearing as well.

The evidence at the private hearing shall be limited to the specific reasons stated in the superintendent’s notice of recommendation of termination.

No A participant in the hearing shall not be liable for any damages to any person if any statement at the hearing is determined to be erroneous as long as the statement was made in good faith.

The superintendent shall present evidence and argument on all issues involved and the teacher may cross-examine, respond, and present evidence and argument in the teacher’s behalf relevant to all issues involved.

Evidence may be by stipulation of the parties and informal settlement may be made by stipulation, consent, or default or by any other method agreed upon by the parties in writing.

The board shall employ a certified shorthand reporter to keep a record of the private hearing.

The proceedings or any part thereof shall be transcribed at the request of either party with the expense of transcription charged to the requesting party.

2.

The presiding officer of the board may administer oaths in the same manner and with like effect and under the same penalties as in the case of magistrates exercising criminal or civil jurisdiction.

The board shall cause subpoenas to be issued for such witnesses and the production of such books and papers as either the board or the teacher may designate.

The subpoenas shall be signed by the presiding officer of the board.

6.

If the teacher fails to timely request a private hearing or does not appear at the private hearing, the board may proceed and make a determination upon the superintendent’s recommendation.

If the teacher fails to timely file a request for a private hearing, the determination shall be not later than May 31.

If the teacher fails to appear at the private hearing, the determination shall be not later than five days after the scheduled date for the private hearing.

The board LSB 1725XS (2) 87 -22- je/rj 22/68 S.F.

213 shall convene in open session and by roll call vote determine the termination or continuance of the teacher’s contract and, if the board votes to continue the teacher’s contract, whether to suspend the teacher with or without pay for a period specified by the board or issue the teacher a one-year, nonrenewable contract .

7.

Within five days after the private hearing, the board shall, in executive session, meet to make a final decision upon the recommendation and the evidence as herein provided.

The board shall also consider any written brief and arguments submitted by the superintendent and the teacher.

8.

a.

The record for a private hearing shall include:

a.

(1) All pleadings, motions, and intermediate rulings.

b.

(2) All evidence received or considered and all other submissions.

c.

(3) A statement of all matters officially noticed.

d.

(4) All questions and offers of proof, objections, and rulings thereon.

e.

(5) All findings and exceptions.

f.

(6) Any decision, opinion, or conclusion by the board.

g.

Findings of fact b.

The decision of the board shall be based solely on the evidence in the record and on matters officially noticed in the record.

9.

The decision of the board shall be in writing and shall include findings of fact and conclusions of law, separately stated.

Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts and supporting the findings.

Each conclusion of law shall be supported by cited authority or by reasoned opinion.

10.

When the board has reached a decision, opinion, or conclusion, it shall convene in open meeting and by roll call vote determine the continuance or discontinuance of the teacher’s contract and, if the board votes to continue LSB 1725XS (2) 87 -23- je/rj 23/68 S.F.

213 the teacher’s contract, whether to suspend the teacher with or without pay for a period specified by the board or issue the teacher a one-year, nonrenewable contract.

The record of the private conference hearing and findings of fact and exceptions written decision of the board shall be exempt from the provisions of chapter 22.

The secretary of the board shall immediately mail notice of the board’s action to the teacher.

Sec.

33.

Section 279.16, subsections 3 and 5, Code 2017, are amended by striking the subsections.

Sec.

34.

Section 279.18, Code 2017, is amended to read as follows:

279.18 Appeal by either party teacher to court.

1.

If either party a teacher rejects the adjudicator’s board’s decision, the rejecting party teacher shall, within thirty days of the initial filing of such decision, appeal to the district court of the county in which the administrative office of the school district is located.

The notice of appeal shall be immediately mailed by certified mail to the other party board.

The adjudicator secretary of the board shall transmit to the reviewing court the original or a certified copy of the entire record which may be the subject of the petition.

By stipulation of all parties to the review proceedings, the record of such a case may be shortened.

A party unreasonably refusing to stipulate to limit the record may be taxed by the court for the additional cost.

The court may require or permit subsequent corrections or additions to the shortened record.

2.

In proceedings for judicial review of the adjudicator’s board’s decision, the court shall not hear any further evidence but shall hear the case upon the certified record.

In such judicial review, especially when considering the credibility of witnesses, the court shall give weight to the fact findings decision of the board;, but shall not be bound by them it.

The court may affirm the adjudicator’s board’s decision or remand to the adjudicator or the board for further proceedings LSB 1725XS (2) 87 -24- je/rj 24/68 S.F.

213 upon conditions determined by the court.

The court shall reverse, modify, or grant any other appropriate equitable or legal relief from the board decision, or the adjudicator’s decision equitable or legal and including declaratory relief, if substantial rights of the petitioner have been prejudiced because the action is any of the following:

a.

In violation of constitutional or statutory provisions;

or.

b.

In excess of the statutory authority of the board or the adjudicator;

or.

c.

In violation of a board rule or policy or contract;

or .

d.

Made upon unlawful procedure;

or.

e.

Affected by other error of law;

or.

f.

Unsupported by a preponderance of the competent evidence in the record made before the board and the adjudicator when that record is viewed as a whole;

or.

g.

Unreasonable, arbitrary, or capricious or characterized by an abuse of discretion or a clearly unwarranted exercise of discretion.

3.

An aggrieved or adversely affected party to the judicial review proceeding may obtain a review of any final judgment of the district court by appeal to the supreme court.

The appeal shall be taken as in other civil cases, although the appeal may be taken regardless of the amount involved.

4.

For purposes of this section, unless the context otherwise requires, “rejecting party” “teacher” shall include, but not be limited to, an instructor employed by a community college.

Sec.

35.

Section 279.19, Code 2017, is amended to read as follows:

279.19 Probationary period.

1.

The first three consecutive years of employment of a teacher in the same school district are a probationary period.

However, if the teacher has successfully completed a probationary period of employment for another school district LSB 1725XS (2) 87 -25- je/rj 25/68 S.F.

213 located in Iowa, the probationary period in the current district of employment shall not exceed one year two years.

A board of directors may waive the probationary period for any teacher who previously has served a probationary period in another school district and the board may extend the probationary period for an additional year with the consent of the teacher.

2.

In the case of the termination of a probationary teacher’s contract, the contract may be terminated by the board of directors effective at the end of a school year without cause.

The superintendent or the superintendent’s designee shall notify the teacher not later than April 30 that the board has voted to terminate the contract effective at the end of the school year.

The notice shall be in writing by letter, personally delivered, or mailed by certified mail.

The notification shall be complete when received by the teacher.

Within ten days after receiving the notice, the teacher may request a private conference with the school board to discuss the reasons for termination.

The provisions of sections 279.15 and 279.16 shall not apply to such a termination.

However, if the probationary teacher is a beginning teacher who fails to demonstrate competence in the Iowa teaching standards in accordance with chapter 284, the provisions of sections 279.17 and 279.18 shall also apply.

3.

The board’s decision shall be final and binding unless the termination was based upon an alleged violation of a constitutionally guaranteed right of the teacher or an alleged violation of public employee rights of the teacher under section 20.10.

Notwithstanding any provision to the contrary, the grievance procedures of section 20.18 relating to job performance or job retention shall not apply to a teacher during the first two years of the teacher’s probationary period.

However, this paragraph shall not apply to a teacher who has successfully completed a probationary period in a LSB 1725XS (2) 87 -26- je/rj 26/68 S.F.

213 school district in Iowa.

Sec.

36.

Section 279.19A, subsections 1, 2, 7, and 8, Code 2017, are amended to read as follows:

1.

School districts employing individuals to coach interscholastic athletic sports shall issue a separate extracurricular contract for each of these sports.

An extracurricular contract offered under this section shall be separate from the contract issued under section 279.13.

Wages for employees who coach these sports shall be paid pursuant to established or negotiated supplemental pay schedules.

An extracurricular contract shall be in writing, and shall state the number of contract days for that sport, the annual compensation to be paid, and any other matters as may be mutually agreed upon.

The contract shall be for a single school year.

2.

a.

An extracurricular contract shall be continued automatically in force and effect for equivalent periods, except as modified or terminated by mutual agreement of the board of directors and the employee, or terminated in accordance with this section.

An extracurricular contract shall initially be offered by the employing board to an individual on the same date that contracts are offered to teachers under section 279.13.

An extracurricular contract may be terminated at the end of a school year pursuant to sections 279.15 through 279.19.

If the school district offers an extracurricular contract for a sport for the subsequent school year to an employee who is currently performing under an extracurricular contract for that sport, and the employee does not wish to accept the extracurricular contract for the subsequent year, the employee may resign from the extracurricular contract within twenty-one days after it has been received.

b.

Section 279.13, subsection 3 , applies to this section.

If the provisions of an extracurricular contract executed under this section conflict with a collective bargaining LSB 1725XS (2) 87 -27- je/rj 27/68 S.F.

213 agreement negotiated under chapter 20 and effective when the extracurricular contract is executed or renewed, the provisions of the collective bargaining agreement shall prevail.

7.

An extracurricular contract may be terminated prior to the expiration of that contract pursuant to section 279.27 for any lawful reason following an informal, private hearing before the board of directors.

The decision of the board to terminate an extracurricular contract shall be final.

8.