8A.413 - STATE HUMAN RESOURCE MANAGEMENT -- RULES.
8A.413 STATE HUMAN RESOURCE MANAGEMENT -- RULES.
The department shall adopt rules for the administration of this
subchapter pursuant to chapter 17A. Rulemaking shall be carried out
with due regard to the terms of collective bargaining agreements. A
rule shall not supersede a provision of a collective bargaining
agreement negotiated under chapter 20. Notwithstanding any
provisions to the contrary, a rule or regulation shall not be adopted
by the department which would deprive the state of Iowa, or any of
its agencies or institutions, of federal grants or other forms of
financial assistance. The rules shall provide:
1. For the preparation, maintenance, and revision of a job
classification plan that encompasses each job in the executive
branch, excluding job classifications under the state board of
regents, based upon assigned duties and responsibilities, so that the
same general qualifications may reasonably be required for and the
same pay plan may be equitably applied to all jobs in the same job
classification. The director shall classify the position of every
employee in the executive branch, excluding employees of the state
board of regents, into one of the classes in the plan. An appointing
authority or employee adversely affected by a classification or
reclassification decision may file an appeal with the director.
Appeals of a classification or reclassification decision shall be
exempt from the provisions of section 17A.11 and shall be heard by a
committee appointed by the director. The classification or
reclassification of a position that would cause the expenditure of
additional salary funds shall not become effective if the expenditure
of funds would be in excess of the total amount budgeted for the
department of the appointing authority until budgetary approval has
been obtained from the director of the department of management.
2. For notification of the governor when the public interest
requires a decrease or increase of employees in any position or type
of employment not otherwise provided by law, or the creation or
abolishment of any position or type of employment, as determined by
the director, acting in good faith. Thereafter, the position or type
of employment shall stand abolished or created and the number of
employees therein reduced or increased.
3. For pay plans covering all employees in the executive branch,
excluding employees of the state board of regents, after consultation
with the governor and appointing authorities, and consistent with the
terms of collective bargaining agreements negotiated under chapter
20.
4. For examinations to determine the relative fitness of
applicants for employment.
a. Such examinations shall be practical in character and
shall relate to such matters as will fairly assess the ability of the
applicant to discharge the duties of the position to which
appointment is sought.
b. Where the Code of Iowa establishes certification,
registration, or licensing provisions, such documents shall be
considered prima facie evidence of basic skills accomplishment and
such persons shall be exempt from further basic skills examination.
5. For the public announcement of vacancies at least ten days in
advance of the date fixed for the filing of applications for the
vacancies, and the advertisement of the vacancies through the
communications media. The director may, however, in the director's
discretion, continue to receive applications and examine candidates
for a period adequate to assure a sufficient number of eligibles to
meet the needs of the system, and may add the names of successful
candidates to existing eligible lists.
6. For promotions which shall give appropriate consideration to
the applicant's qualifications, record of performance, and conduct.
A promotion means a change in the status of an employee from a
position in one class to a position in another class having a higher
pay grade.
7. For the establishment of lists for appointment and promotion,
upon which lists shall be placed the names of successful candidates.
8. For the rejection of applicants who fail to meet reasonable
requirements.
9. For the appointment by the appointing authority of a person on
the appropriate list to fill a vacancy.
10. For a probation period of six months, excluding educational
or training leave, before appointment may be made complete, and
during which period a probationer may be discharged or reduced in
class or pay. If the employee's services are unsatisfactory, the
employee shall be dropped from the payroll on or before the
expiration of the probation period. If satisfactory, the appointment
shall be deemed permanent. The determination of the appointing
authority shall be final and conclusive.
11. For temporary employment for not more than seven hundred
eighty hours in a fiscal year.
12. For provisional employment when there is no appropriate list
available. Such provisional employment shall not continue longer
than one hundred eighty calendar days.
13. For transfer from a position in one state agency to a similar
position in the same state agency or another state agency involving
similar qualifications, duties, responsibilities, and salary ranges.
Whenever an employee transfers or is transferred from one state
agency to another state agency, the employee's seniority rights, any
accumulated sick leave, and accumulated vacation time, as provided in
the law, shall be transferred to the new place of employment and
credited to the employee. Employees who are subject to contracts
negotiated under chapter 20 which include transfer provisions shall
be governed by the contract provisions.
14. For reinstatement of persons who have attained permanent
status and who resign in good standing or who are laid off from their
positions without fault or delinquency on their part.
15. For establishing in cooperation with the appointing
authorities a performance management system for all employees in the
executive branch, excluding employees of the state board of regents,
which shall be considered in determining salary increases; as a
factor in promotions; as a factor in determining the order of layoffs
and in reinstatement; as a factor in demotions, discharges, and
transfers; and for the regular evaluation, at least annually, of the
qualifications and performance of those employees.
16. For layoffs by reason of lack of funds or work, or
reorganization, and for the recall of employees so laid off, giving
consideration in layoffs to the employee's performance record and
length of service. An employee who has been laid off may be on a
recall list for one year, which list shall be exhausted by the
organizational unit enforcing the layoff before selection of an
employee may be made from the promotional or nonpromotional list in
the employee's classification. Employees who are subject to
contracts negotiated under chapter 20 which include layoff and recall
provisions shall be governed by the contract provisions.
17. For imposition, as a disciplinary measure, of a suspension
from service without pay.
18. a. For discharge, suspension, or reduction in job
classification or pay grade for any of the following causes:
(1) Failure to perform assigned duties.
(2) Inadequacy in performing assigned duties.
(3) Negligence.
(4) Inefficiency.
(5) Incompetence.
(6) Insubordination.
(7) Unrehabilitated alcoholism or narcotics addiction.
(8) Dishonesty.
(9) Unlawful discrimination.
(10) Failure to maintain a license, certificate, or qualification
necessary for a job classification or position.
(11) Any act or conduct which adversely affects the employee's
performance or the employing agency.
(12) Any other good cause for discharge, suspension, or
reduction.
b. The person discharged, suspended, or reduced shall be
given a written statement of the reasons for the discharge,
suspension, or reduction within twenty-four hours after the
discharge, suspension, or reduction.
c. All persons concerned with the administration of this
subchapter shall use their best efforts to ensure that this
subchapter and the rules adopted pursuant to this subchapter shall
not be a means of protecting or retaining unqualified or
unsatisfactory employees, and shall discharge, suspend, or reduce in
job classification or pay grade all employees who should be
discharged, suspended, or reduced for any of the causes stated in
this subsection.
19. For establishment of a uniform plan for resolving employee
grievances and complaints. Employees who are subject to contracts
negotiated under chapter 20 which include grievance and complaint
provisions shall be governed by the contract provisions.
20. For attendance regulations, and special leaves of absence,
with or without pay, or reduced pay, in the various classes of
positions in the executive branch, excluding positions under the
state board of regents.
a. Employees who are subject to contracts negotiated under
chapter 20 which include leave of absence provisions shall be
governed by the contract provisions.
b. Annual sick leave and vacation time shall be granted in
accordance with section 70A.1.
21. For the development and operation of programs to improve the
work effectiveness and morale of employees in the executive branch,
excluding employees of the state board of regents, including
training, safety, health, welfare, counseling, recreation, and
employee relations.
22. For veterans preference through a provision that veterans, as
defined in section 35.1, shall have five points added to the grade or
score attained in qualifying examinations for appointment to jobs.
a. Veterans who have a service-connected disability or are
receiving compensation, disability benefits, or pension under laws
administered by the United States department of veterans affairs
shall have ten points added to the grades attained in qualifying
examinations.
b. A veteran who has been awarded the purple heart for
disabilities incurred in action shall be considered to have a
service-connected disability.
23. For acceptance of the qualifications, requirements,
regulations, and general provisions established under other sections
of the Code pertaining to professional registration, certification,
and licensing. Section History: Recent Form
2003 Acts, ch 145, §61; 2008 Acts, ch 1031, §77; 2009 Acts, ch 26,
§1
Referred to in § 8A.414, 19B.12, 148.2B, 152.2, 313.4, 469.10,
474.1