70A.28 - PROHIBITIONS RELATING TO CERTAIN ACTIONS BY STATE EMPLOYEES -- PENALTY -- CIVIL REMEDIES.
70A.28 PROHIBITIONS RELATING TO CERTAIN ACTIONS BY
STATE EMPLOYEES -- PENALTY -- CIVIL REMEDIES.
1. A person who serves as the head of a state department or
agency or otherwise serves in a supervisory capacity within the
executive or legislative branch of state government shall not require
an employee of the state to inform the person that the employee made
a disclosure of information permitted by this section and shall not
prohibit an employee of the state from disclosing any information to
a member or employee of the general assembly or from disclosing
information to any other public official or law enforcement agency if
the employee reasonably believes the information evidences a
violation of law or rule, mismanagement, a gross abuse of funds, an
abuse of authority, or a substantial and specific danger to public
health or safety. However, an employee may be required to inform the
person that the employee made a disclosure of information permitted
by this section if the employee represented that the disclosure was
the official position of the employee's immediate supervisor or
employer.
2. A person shall not discharge an employee from or take or fail
to take action regarding an employee's appointment or proposed
appointment to, promotion or proposed promotion to, or any advantage
in, a position in a state employment system administered by, or
subject to approval of, a state agency as a reprisal for a failure by
that employee to inform the person that the employee made a
disclosure of information permitted by this section, or for a
disclosure of any information by that employee to a member or
employee of the general assembly, a disclosure of information to the
office of citizens' aide, or a disclosure of information to any other
public official or law enforcement agency if the employee reasonably
believes the information evidences a violation of law or rule,
mismanagement, a gross abuse of funds, an abuse of authority, or a
substantial and specific danger to public health or safety. However,
an employee may be required to inform the person that the employee
made a disclosure of information permitted by this section if the
employee represented that the disclosure was the official position of
the employee's immediate supervisor or employer.
3. Subsections 1 and 2 do not apply if the disclosure of the
information is prohibited by statute.
4. A person who violates subsection 1 or 2 commits a simple
misdemeanor.
5. Subsection 2 may be enforced through a civil action.
a. A person who violates subsection 2 is liable to an
aggrieved employee for affirmative relief including reinstatement,
with or without back pay, or any other equitable relief the court
deems appropriate, including attorney fees and costs.
b. When a person commits, is committing, or proposes to
commit an act in violation of subsection 2, an injunction may be
granted through an action in district court to prohibit the person
from continuing such acts. The action for injunctive relief may be
brought by an aggrieved employee or the attorney general.
6. Subsection 2 may also be enforced by an employee through an
administrative action pursuant to the requirements of this subsection
if the employee is not a merit system employee or an employee covered
by a collective bargaining agreement. An employee eligible to pursue
an administrative action pursuant to this subsection who is
discharged, suspended, demoted, or otherwise receives a reduction in
pay and who believes the adverse employment action was taken as a
result of the employee's disclosure of information that was
authorized pursuant to subsection 2, may file an appeal of the
adverse employment action with the public employment relations board
within thirty calendar days following the later of the effective date
of the action or the date a finding is issued to the employee by the
office of the citizens' aide pursuant to section 2C.11A. The
findings issued by the citizens' aide may be introduced as evidence
before the public employment relations board. The employee has the
right to a hearing closed to the public, but may request a public
hearing. The hearing shall otherwise be conducted in accordance with
the rules of the public employment relations board and the Iowa
administrative procedure Act, chapter 17A. If the public employment
relations board finds that the action taken in regard to the employee
was in violation of subsection 2, the employee may be reinstated
without loss of pay or benefits for the elapsed period, or the public
employment relations board may provide other appropriate remedies.
Decisions by the public employment relations board constitute final
agency action.
7. A person shall not discharge an employee from or take or fail
to take action regarding an employee's appointment or proposed
appointment to, promotion or proposed promotion to, or any advantage
in, a position in a state employment system administered by, or
subject to approval of, a state agency as a reprisal for the
employee's declining to participate in contributions or donations to
charities or community organizations.
8. The director of the department of administrative services or,
for employees of the general assembly or of the state board of
regents, the legislative council or the state board of regents,
respectively, shall provide procedures for notifying new state
employees of the provisions of this section and shall periodically
conduct promotional campaigns to provide similar information to state
employees. The information shall include the toll-free telephone
number of the citizens' aide.
9. For purposes of this section, "state employee" and
"employee" include, but are not limited to, persons employed by
the general assembly and persons employed by the state board of
regents. Section History: Recent Form
84 Acts, ch 1219, § 4
C85, § 79.28
85 Acts, ch 20, §1; 87 Acts, ch 19, §4; 87 Acts, ch 27, § 2; 89
Acts, ch 124, §2
C93, § 70A.28
96 Acts, ch 1100, § 2--5; 2003 Acts, ch 145, §286; 2006 Acts, ch
1153, §14, 15; 2007 Acts, ch 126, §18
Referred to in § 2C.11A, 8F.3
See also §8A.417, 70A.29