35D.13 - COMMANDANT. - Iowa Statutes

35D.13 COMMANDANT. 1. The governor shall appoint a commandant, subject to senate confirmation, who shall serve at the pleasure of the governor as the chief executive of the home. The commandant shall report directly to the commission and shall have the immediate custody and control, subject to the orders of the commission, of all property used in connection with the home. 2. The commandant shall be a resident of the state of Iowa who served in the armed forces of the United States and was honorably discharged, and is a licensed nursing home administrator. 3. The salary of the commandant shall be fixed by the governor within salary guidelines or a range established by the general assembly. In addition to salary, the commission shall furnish the commandant with a dwelling house or with appropriate quarters and additional allowances, as provided in section 218.14 for executive heads of state institutions.          Section History: Early Form 1. [C97, § 2604; S13, § 2604; SS15, § 2604; C39, § 3384.07; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 219.7; 81 Acts, ch 27, § 4] 2. [C97, § 2604; S13, § 2604; SS15, § 2604; C24, 27, 31, 35, § 3374; C39, § 3384.08; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 219.8] 3. [C97, § 2604; S13, § 2604; SS15, § 2604; C24, 27, 31, 35, § 3373; C39, § 3384.09; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 219.9]          Section History: Recent Form 83 Acts, ch 96, § 157, 159; 84 Acts, ch 1277, § 13 C85, § 219.13 92 Acts, ch 1140, § 30 C93, § 35D.13 2004 Acts, ch 1175, §224 Referred to in § 35A.1, 35D.1 Confirmation, see § 2.32 35D.14 PERSONNEL -- EXPENSES -- COMPENSATION. The commandant or the commandant's designee shall employ such personnel as are necessary for the performance of the duties and responsibilities assigned to the commandant. All employees shall be selected on a basis of fitness for the work to be performed with due regard to training and experience and shall be subject to the provisions of chapter 8A, subchapter IV. The commandant and employees of the Iowa veterans home are entitled to receive, in addition to salary, reimbursement for actual expenses incurred while engaged in the performance of official duties pursuant to section 35A.9.          Section History: Recent Form 92 Acts, ch 1140, § 31; 92 Acts, ch 1247, § 29; 2003 Acts, ch 145, §150 35D.14A VOLUNTEER RECORD CHECKS. 1. Persons who are potential volunteers or volunteers in the Iowa veterans home in a position having direct individual contact with patients or residents of the home shall be subject to criminal history and child and dependent adult abuse record checks in accordance with this section. The Iowa veterans home shall request that the department of public safety perform the criminal history check and the department of human services perform child and dependent adult abuse record checks of the person in this state and may request these checks in other states. 2. a. If it is determined that a person has been convicted of a crime under a law of any state or has a record of founded child or dependent adult abuse, the person shall not participate as a volunteer with direct individual contact with patients or residents of the Iowa veterans home unless an evaluation has been performed by the department of human services to determine whether the crime or founded child or dependent adult abuse warrants prohibition of the person's participation as a volunteer in the Iowa veterans home. The department of human services shall perform such evaluation upon the request of the Iowa veterans home. b. In an evaluation, the department of human services shall consider the nature and seriousness of the crime or founded child or dependent adult abuse in relation to the position sought or held, the time elapsed since the commission of the crime or founded child or dependent adult abuse, the circumstances under which the crime or founded child or dependent adult abuse was committed, the degree of rehabilitation, the likelihood that the person will commit the crime or founded child or dependent adult abuse again, and the number of crimes or founded child or dependent adult abuses committed by the person involved. c. If the department of human services performs an evaluation for the purposes of this section, the department of human services has final authority in determining whether prohibition of the person's participation as a volunteer is warranted. The department of human services may permit a person who is evaluated to participate as a volunteer if the person complies with the department's conditions relating to participation as a volunteer which may include completion of additional training.          Section History: Recent Form 2009 Acts, ch 93, §1 35D.15 RULES ENFORCED -- POWER TO SUSPEND AND DISCHARGE MEMBERS. 1. The commandant shall administer and enforce all rules adopted by the commission, including rules of discipline and, subject to these rules, may immediately suspend the membership of and discharge any person from the home for infraction of the rules when the commandant determines that the health, safety, or welfare of the residents of the home is in immediate danger and other reasonable alternatives have been exhausted. The suspension and discharge are temporary pending action by the commission. Judicial review of the action of the commission may be sought in accordance with chapter 17A. 2. a. The commandant shall, with the input and recommendation of the interdisciplinary resident care com