22.13A Personnel settlement agreements — state employees — confidentiality — disclosure.
1. For purposes of this section:
a. “Personnel settlement agreement” means a binding legal agreement between a state employee and the state employee’s employer, subject to section 22.13, to resolve a personnel dispute including but not limited to a grievance. “Personnel settlement agreement” does not include an initial decision by a state employee’s employer concerning a personnel dispute or grievance.
b. “State employee” means an employee of the state who is an employee of the executive branch as described in sections 7E.2 and 7E.5.
2. Personnel settlement agreements shall not contain any confidentiality or nondisclosure provision that attempts to prevent the disclosure of the personnel settlement agreement. In addition, any confidentiality or nondisclosure provision in a personnel settlement agreement is void and unenforceable.
3. The requirements of this section shall not be superseded by any provision of a collective bargaining agreement.
4. All personnel settlement agreements shall be made easily accessible to the public on an internet site maintained as follows:
a. For personnel settlement agreements with an employee of the executive branch, excluding an employee of the state board of regents or institution under the control of the state board of regents, by the department of administrative services.
b. For personnel settlement agreements with an employee of the state board of regents or institution under the control of the state board of regents, by the state board of regents.
5. a. A state agency shall not enter into a personnel settlement agreement with a state employee on behalf of the state unless the personnel settlement agreement is first reviewed by the attorney general or the attorney general’s designee. Additionally, a state agency shall not enter into a personnel settlement agreement with a state employee on behalf of the state unless the agreement has been approved in writing by the following individuals:
(1) For a state agency other than an institution governed by the board of regents, the director of the department of management, the director of the department of administrative services, and the head of the state agency.
(2) For an institution governed by the board of regents, the executive director of the board of regents and the head of the institution.
b. If paragraph “a”, subparagraph (1) or (2) is not consistent with the provision of a collective bargaining agreement, a state agency shall provide the individuals referenced in this subsection, as applicable, with regular reports regarding any personnel settlement agreements entered into with state employees by the state agency.
2017 Acts, ch 2, §51, 53; 2017 Acts, ch 170, §30, 43
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