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The CIETC scandal prompted the legislature to increase the
transparency and accountability of certain government agencies.
CIETC is a 28E organization. The Des Moines Area MPO and Project Destiny
are also 28E organizations.
Senate File 2410 Summary
Open Records and Open Meetings Law Requirement
Entities
entering into 28E agreements will now be required to follow the
open records and open meetings laws. All
proceedings of each regular, adjourned, or special meeting of the entity
created or the administrator or joint board specified in the agreement,
including the schedule of bills allowed, shall be published after
adjournment of the meeting in a newspaper of general circulation
Disclosure of Financial Information
Senate File 2410
puts accountability measures in place for entities entering into service
contracts of 500,000 or more with state government. Highlights of this
bill include the following: Additional reporting is required, including an
annual report within ten months following the end of the recipient
entity’s fiscal year. The annual report shall include financial
information relating to the expenditure of funds during the preceding
fiscal year. Mechanisms are put in place to allow the recovery of funds if
the contracting entity is found to be in violation of any of the
provisions of the new law.
Ombudsman & the Whistleblower Law
The ombudsman is
given expanded responsibilities related to the whistleblower law. Under
the bill, the ombudsman is required to investigate a complaint filed by an
employee, who is not a merit system employee or an employee covered by a
collective bargaining agreement, who alleges adverse employment action.
The ombudsman is required to investigate and issue findings. The bill
provides that an employee shall not be discharged due to a disclosure to
the ombudsman. An employee not covered by the merit system or a collective
bargaining agreement who is discharged, demoted or in other ways harmed
and believes it is due to the disclosure of information covered under this
law, may file an appeal with the Public Employment Relations Board (PERB).
Performance Measures The bill requires performance measurements to ensure
that the entities are providing services of adequate quality, and that
public resources are being used effectively.
Senate File
2410 code snippets. Signed by the Governor and part of Iowa law as of July
1st of 2006.
Review a full copy of
Senate File 2410
here.
1 1 SENATE FILE
2410
1 2
1 3 AN ACT
1 4 RELATING TO GOVERNMENT ACCOUNTABILITY AND CONCERNING SERVICE
1 5 CONTRACT REQUIREMENTS, CONTRACTUAL REQUIREMENTS FOR CERTAIN
1 6 ENTITIES RECEIVING PUBLIC MONEYS, REQUIREMENTS FOR JOINT
1 7 AGREEMENTS INVOLVING GOVERNMENTAL ENTITIES, ADDITIONAL
1 8 REVIEW BY THE AUDITOR OF STATE, THE
AUTHORITY OF THE
1 9 CITIZENS' AIDE, EMPLOYMENT RIGHTS OF EMPLOYEES MAKING A
1 10 DISCLOSURE OF INFORMATION, AND THE AUTHORITY OF THE
1 11 LEGISLATIVE OVERSIGHT COMMITTEE, AND INCLUDING AN
1 12 IMPLEMENTATION PROVISION AND MAKING PENALTIES APPLICABLE.
1 13
1 14 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 15
1 16 DIVISION I
1 17 GOVERNMENT ACCOUNTABILITY
1 18 Section 1. NEW SECTION. 8F.1 PURPOSE.
1 19 This chapter is intended to create mechanisms to most
1 20 effectively and efficiently monitor the utilization of public
1 21 moneys by providing the greatest possible accountability for
1 22 the expenditure of public moneys.
1 23 Sec. 2. NEW SECTION. 8F.2 DEFINITIONS.
2 10 3. "Intergovernmental entity" means
any separate
2 11 organization established in accordance with chapter 28E or
2 12 established by any other agreement between an agency and any
2 13 other governmental entity, whether federal, state, or local,
2 14 and any department, division, unit or subdivision thereof.
2 15 "Intergovernmental entity" does not include an organization
2 16 established or agreement made in accordance with chapter 28E
2 17 between state agencies.
9 1 Sec. 7. Section 28E.6, Code 2005, is amended to read as
9 2 follows:
9 3 28E.6 ADDITIONAL PROVISIONS.
9 4 1. If the agreement does not establish a separate legal
9 5 entity to conduct the joint or co=operative undertaking, the
9 6 agreement shall also include:
9 7 1. a. Provision for an administrator or a joint board
9 8 responsible for administering the joint or co=operative
9 9 undertaking. In the case of a joint board, public agencies
9 10 party to the agreement shall be represented.
9 11 2. b. The manner of acquiring, holding and disposing of
9 12 real and personal property used in the joint or co=operative
9 13 undertaking.
9 14 2. The entity created or the administrator or joint board
9 15 specified in the agreement shall be a governmental body for
9 16 purposes of chapter 21 and a government body for purposes of
9 17 chapter 22 unless the entity created or agreement includes
9 18 public agencies from more than one state.
9 19 3. All proceedings of each regular, adjourned, or special
9 20 meeting of the entity created or the administrator or joint
9 21 board specified in the agreement, including the schedule of
9 22 bills allowed, shall be published after adjournment of the
9 23 meeting in a newspaper of general circulation within the
9 24 geographic area served by the entity created or the
9 25 administrator or joint board specified in the agreement. The
9 26 entity created or the administrator or joint board specified
9 27 in the agreement shall furnish a copy of the proceedings to be
9 28 published to the newspaper within one week following
9 29 adjournment of the meeting. The publication of the schedule
9 30 of bills allowed shall include a list of all salaries paid for
9 31 services performed, showing the name of the person or firm
9 32 performing the service and the amount paid. However, the
9 33 names and gross salaries of persons regularly employed by the
9 34 entity created or the administrator or joint board specified
9 35 in the agreement shall only be published annually. This
10 1 subsection shall not apply if the entity or the administrator
10 2 or joint board specified in the agreement includes public
10 3 agencies from more than one state.
13 13 DIVISION III
13 14 CITIZENS' AIDE DUTIES
13 15 == DISCLOSURES OF
13 16 INFORMATION
14 8 2. A person shall not discharge an employee from or take
14 9 or fail to take action regarding an employee's appointment or
14 10 proposed appointment to, promotion or proposed promotion to,
14 11 or any advantage in, a position in a state employment system
14 12 administered by, or subject to approval of, a state agency as
14 13 a reprisal for a failure by that employee to inform the person
14 14 that the employee made a disclosure of information permitted
14 15 by this section, or for a disclosure of any information by
14 16 that employee to a member or employee of the general assembly,
14 17 a disclosure of information to the office of citizens' aide,
14 18 or a disclosure of information to any other public official or
14 19 law enforcement agency if the employee reasonably believes the
14 20 information evidences a violation of law or rule,
14 21 mismanagement, a gross abuse of funds, an abuse of authority,
14 22 or a substantial and specific danger to public health or
14 23 safety. However, an employee may be required to inform the
14 24 person that the employee made a disclosure of information
14 25 permitted by this section if the employee represented that the
14 26 disclosure was the official position of the employee's
14 27 immediate supervisor or employer.
14 28 Sec. 15. Section 70A.28, Code 2005, is amended by adding
14 29 the following new subsection:
14 30 NEW SUBSECTION. 5A. Subsection 2 may also be enforced by
14 31 an employee through an administrative action pursuant to the
14 32 requirements of this subsection if the employee is not a merit
14 33 system employee or an employee covered by a collective
14 34 bargaining agreement. An employee
eligible to pursue an
14 35 administrative action pursuant to this subsection who is
15 1 discharged, suspended, demoted, or otherwise reduced in pay
15 2 and who believes the adverse employment action was taken as a
15 3 result of the employee's disclosure of information that was
15 4 authorized pursuant to subsection 2, may file an appeal of the
15 5 adverse employment action with the public employment relations
15 6 board within thirty calendar days following the later of the
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