99G.10 - AUTHORITY PERSONNEL.

        99G.10  AUTHORITY PERSONNEL.
         1.  All employees of the authority shall be considered public
      employees.
         2.  Subject to the approval of the board, the chief executive
      officer shall have the sole power to designate particular employees
      as key personnel, but may take advice from the department of
      administrative services in making any such designations.  All key
      personnel shall be exempt from the merit system described in chapter
      8A, subchapter IV.  The chief executive officer and the board shall
      have the sole power to employ, classify, and fix the compensation of
      key personnel.  All other employees shall be employed, classified,
      and compensated in accordance with chapter 8A, subchapter IV, and
      chapter 20.
         3.  The chief executive officer and the board shall have the
      exclusive power to determine the number of full-time equivalent
      positions, as defined in chapter 8, necessary to carry out the
      provisions of this chapter.
         4.  The chief executive officer shall have the sole responsibility
      to assign duties to all authority employees.
         5.  The authority may establish incentive programs for authority
      employees.
         6.  An employee of the authority shall not have a financial
      interest in any vendor doing business or proposing to do business
      with the authority.  However, an employee may own shares of a mutual
      fund which may hold shares of a vendor corporation provided the
      employee does not have the ability to influence the investment
      functions of the mutual fund.
         7.  An employee of the authority with decision-making authority
      shall not participate in any decision involving a retailer with whom
      the employee has a financial interest.
         8.  A background investigation shall be conducted by the
      department of public safety, division of criminal investigation, on
      each applicant who has reached the final selection process prior to
      employment by the authority.  For positions not designated as
      sensitive by the board, the investigation may consist of a state
      criminal history background check, work history, and financial
      review.  The board shall identify those sensitive positions of the
      authority which require full background investigations, which
      positions shall include, at a minimum, any officer of the authority,
      and any employee with operational management responsibilities,
      security duties, or system maintenance or programming
      responsibilities related to the authority's data processing or
      network hardware, software, communication, or related systems.  In
      addition to a work history and financial review, a full background
      investigation may include a national criminal history check through
      the federal bureau of investigation.  The screening of employees
      through the federal bureau of investigation shall be conducted by
      submission of fingerprints through the state criminal history
      repository to the federal bureau of investigation.  The results of
      background investigations conducted pursuant to this section shall
      not be considered public records under chapter 22.
         9.  A person who has been convicted of a felony or bookmaking or
      other form of illegal gambling or of a crime involving moral
      turpitude shall not be employed by the authority.
         10.  The authority shall bond authority employees with access to
      authority funds or lottery revenue in such an amount as provided by
      the board and may bond other employees as deemed necessary.  
         Section History: Recent Form
         2003 Acts, ch 145, § 286; 2003 Acts, ch 178, §72, 121; 2003 Acts,
      ch 179, § 60, 84, 142; 2004 Acts, ch 1086, §26