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

2. Iowa Extension Council Association Jaki K. Samuelson
Terry Maloy
Executive Director
Iowa Extension Council Association
Jaki K. Samuelson
com
Whitfield & Eddy, PLC
699 Walnut Street, Suite Des Moines, Iowa 50309

3. (STAYING OUT OF JAIL?)

4. 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

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

6. 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

7. 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.

8. WHO SUPERVISES/DISCIPLINES COUNTY EXTENSION EMPLOYEES?

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

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

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

12. 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 . . .

13. (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.”

14. 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

15. 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

16. 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

17. DOCUMENT, DOCUMENT

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

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

20. 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

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

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

23. Relevant information regarding investigations and related personnel committee recommendations

24. Relevant information regarding appeals

25. 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.

26. 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.

27. 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.

28. 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.

29. THANK YOU!