2009 Iowa Code
Title 2 - Elections and Official Duties
Subtitle 2 - Public Officers and Employees
CHAPTER 70A - FINANCIAL AND OTHER PROVISIONS FOR PUBLIC OFFICERS AND EMPLOYEES
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.  

         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