EMPLOYMENT LAW & PRACTICES STAYING OUT OF COURT EXTENSION COUNCIL CONFERENCE 2017

Iowa Extension Council Association Jaki K. Samuelson Terry Maloy maloy@iastate.edu 641-226-1541 Executive Director Iowa Extension Council Association Jaki K. Samuelson samuelson@whitfieldlaw. com 515-246-5569 Whitfield & Eddy, PLC 699 Walnut Street, Suite 2000 Des Moines, Iowa 50309

(STAYING OUT OF JAIL?)

COUNCIL DUTIES REGARDING HIRING Iowa Code § 176A.8(5) Employ all necessary extension professional personnel from qualified nominees furnished to it and recommended by the director of extension and not to terminate the employment of any such without first conferring with the director of extension

Employ such other personnel as it shall determine necessary for the conduct of the business of the extension district

Fix the compensation for all such personnel in cooperation with the extension service and in accordance with the memorandum of understanding entered into with such extension

CAN I HIRE MY RELATIVE? Iowa Code Chapter 71: Nepotism If within the 3rd degree of consanguinity – can hire only with approval of the Council. The related Council member should not participate in any vote, decision or discussion concerning the Council member’s relative.

WHO SUPERVISES/DISCIPLINES COUNTY EXTENSION EMPLOYEES?

LEVEL 1 Office “manager” “director” Day-to-day issues Day-to-day disciplinary matters

LEVEL 2 Personnel Committee Interviews/evaluations (may delegate) Investigations Complaints Disciplinary matters < major with office supervisor

Level 3 Board Votes on Personnel Committee Recommendations: Appeals Hiring Terminations Compensation Appeals Sets Policy

OPEN MEETING LAW Iowa Code 21.5 “ . . . May hold a closed session . . . by public vote of either 2/3 of the members . . . or all of the members present ... may hold a closed session . . .

(i) To evaluate the professional competency of an individual whose appointment, hiring, performance, or discharge is being considered when necessary to prevent needless and irreparable injury to that individual’s reputation and that individual requests a closed session.”

FOLLOW THE CORRECT PROCESURES Notify employee before meeting and offer closed session option List as closed session or possible closed session on agenda Post agenda at least 24 hours before meeting

Record individual votes to go into and out of closed session Stick to the topic that is authorized for the closed session Make audio recording and written minutes

Do not take action in closed session (can take a straw poll) Phrase motions for vote in open session in a way that avoids disclosure of confidential information

DOCUMENT, DOCUMENT

Job Descriptions Employment Policies (keep up to date) Performance Evaluations Performance/Disciplinary Counseling Investigations

Employees can’t perform to expectations if they don’t know what they are It is harder to prove what you don’t document

PERSONNEL FILES Iowa Code 91B Employee has a right to see a copy Non-employees: not required to provide a copy, but may be the correct thing to do Can charge cost of copying

CONFIDENTIALITY Personnel Records/Information Medical Information!!! Individual Disciplinary/Performance Issues ONLY THOSE WHO NEED TO KNOW

WHEN/WHAT DO COUNCIL MEMBERS NEED TO KNOW Relevant information regarding hiring, compensation changes, terminations

Relevant information regarding investigations and related personnel committee recommendations

Relevant information regarding appeals

COUNCIL MEMBER IMMUNITY The governing body shall defend its officers . . . against any tort claim . . . arising out of an alleged act or omission occurring within the scope of their employment or duties. However, the duty to . . . indemnify does not apply to awards for punitive damages.

Any independent or autonomous board or commission of a municipality having authority to disburse funds for a particular municipal function without approval of the governing body shall similarly defend, save harmless and indemnify its officers and employees against tort claims or demands.

The duty to . . . indemnify does not apply and the municipality is entitled to restitution by an officer . . . if, in an action commenced by the municipality against the officer . . ., it is determined that the conduct of the officer or employee upon which the tort claim or demand was based constituted a willful and wanton act or omission.

In the event the officer In the event the officer . . . fails to cooperate in the defense against the claim or demand, the municipality shall have a right of indemnification against that officer or employee.

THANK YOU!