35D.13 - COMMANDANT.
35D.13 COMMANDANT.
1. The governor shall appoint a commandant, subject to senate
confirmation, who shall serve at the pleasure of the governor as the
chief executive of the home. The commandant shall report directly to
the commission and shall have the immediate custody and control,
subject to the orders of the commission, of all property used in
connection with the home.
2. The commandant shall be a resident of the state of Iowa who
served in the armed forces of the United States and was honorably
discharged, and is a licensed nursing home administrator.
3. The salary of the commandant shall be fixed by the governor
within salary guidelines or a range established by the general
assembly. In addition to salary, the commission shall furnish the
commandant with a dwelling house or with appropriate quarters and
additional allowances, as provided in section 218.14 for executive
heads of state institutions. Section History: Early Form
1. [C97, § 2604; S13, § 2604; SS15, § 2604; C39, §
3384.07; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §
219.7; 81 Acts, ch 27, § 4]
2. [C97, § 2604; S13, § 2604; SS15, § 2604; C24,
27, 31, 35, § 3374; C39, § 3384.08; C46, 50, 54, 58, 62, 66, 71,
73, 75, 77, 79, 81, § 219.8]
3. [C97, § 2604; S13, § 2604; SS15, § 2604; C24,
27, 31, 35, § 3373; C39, § 3384.09; C46, 50, 54, 58, 62, 66, 71,
73, 75, 77, 79, 81, § 219.9] Section History: Recent Form
83 Acts, ch 96, § 157, 159; 84 Acts, ch 1277, § 13
C85, § 219.13
92 Acts, ch 1140, § 30
C93, § 35D.13
2004 Acts, ch 1175, §224
Referred to in § 35A.1, 35D.1
Confirmation, see § 2.32
35D.14 PERSONNEL -- EXPENSES -- COMPENSATION.
The commandant or the commandant's designee shall employ such
personnel as are necessary for the performance of the duties and
responsibilities assigned to the commandant. All employees shall be
selected on a basis of fitness for the work to be performed with due
regard to training and experience and shall be subject to the
provisions of chapter 8A, subchapter IV.
The commandant and employees of the Iowa veterans home are
entitled to receive, in addition to salary, reimbursement for actual
expenses incurred while engaged in the performance of official duties
pursuant to section 35A.9. Section History: Recent Form
92 Acts, ch 1140, § 31; 92 Acts, ch 1247, § 29; 2003 Acts, ch 145,
§150
35D.14A VOLUNTEER RECORD CHECKS.
1. Persons who are potential volunteers or volunteers in the Iowa
veterans home in a position having direct individual contact with
patients or residents of the home shall be subject to criminal
history and child and dependent adult abuse record checks in
accordance with this section. The Iowa veterans home shall request
that the department of public safety perform the criminal history
check and the department of human services perform child and
dependent adult abuse record checks of the person in this state and
may request these checks in other states.
2. a. If it is determined that a person has been convicted of
a crime under a law of any state or has a record of founded child or
dependent adult abuse, the person shall not participate as a
volunteer with direct individual contact with patients or residents
of the Iowa veterans home unless an evaluation has been performed by
the department of human services to determine whether the crime or
founded child or dependent adult abuse warrants prohibition of the
person's participation as a volunteer in the Iowa veterans home. The
department of human services shall perform such evaluation upon the
request of the Iowa veterans home.
b. In an evaluation, the department of human services shall
consider the nature and seriousness of the crime or founded child or
dependent adult abuse in relation to the position sought or held, the
time elapsed since the commission of the crime or founded child or
dependent adult abuse, the circumstances under which the crime or
founded child or dependent adult abuse was committed, the degree of
rehabilitation, the likelihood that the person will commit the crime
or founded child or dependent adult abuse again, and the number of
crimes or founded child or dependent adult abuses committed by the
person involved.
c. If the department of human services performs an evaluation
for the purposes of this section, the department of human services
has final authority in determining whether prohibition of the
person's participation as a volunteer is warranted. The department
of human services may permit a person who is evaluated to participate
as a volunteer if the person complies with the department's
conditions relating to participation as a volunteer which may include
completion of additional training. Section History: Recent Form
2009 Acts, ch 93, §1
35D.15 RULES ENFORCED -- POWER TO SUSPEND AND
DISCHARGE MEMBERS.
1. The commandant shall administer and enforce all rules adopted
by the commission, including rules of discipline and, subject to
these rules, may immediately suspend the membership of and discharge
any person from the home for infraction of the rules when the
commandant determines that the health, safety, or welfare of the
residents of the home is in immediate danger and other reasonable
alternatives have been exhausted. The suspension and discharge are
temporary pending action by the commission. Judicial review of the
action of the commission may be sought in accordance with chapter
17A.
2. a. The commandant shall, with the input and recommendation
of the interdisciplinary resident care com