Iowa Admin. Code r. 875-218.207 - Discretion and independent judgment
(1) In general, the exercise of discretion
and independent judgment involves the comparison and the evaluation of possible
courses of conduct and acting or making a decision after the various
possibilities have been considered. The term implies the person has the
authority or power to make an independent choice, free from immediate direction
or supervision and with respect to matters of significance.
(2) The term must be applied in the light of
all the facts involved in the particular employment situation in which the
question arises. It has been most frequently misunderstood and misapplied by
employers and employees in cases involving the following:
a. Confusion between the exercise of
discretion and independent judgment, and the use of skill in applying
techniques, procedures, or specific standards, and
b. Misapplication of the term to employees
making decisions relating to matters of little consequence.
(3) and 218.207(4)
Reserved.
(5) Final decisions not
necessary. The term "discretion and independent judgment" does not necessarily
imply that the decisions made by the employee must have a finality that goes
with unlimited authority and a complete absence of review. The decisions made
as a result of the exercise of discretion and independent judgment may consist
of recommendations for action rather than the actual taking of action. The fact
that an employee's decision may be subject to review and that upon occasion the
decisions are revised or reversed after review does not mean that the employee
is not exercising discretion and independent judgment.
(6) Reserved.
(7) Customarily and regularly. The phrase
"customarily and regularly" signifies a frequency which must be greater than
occasional but which, of course, may be less than constant. The requirement
will be met by the employee who normally and recurrently is called upon to
exercise and does exercise discretion and independent judgment in the
day-to-day performance of the employee's duties. The requirement is not met by
the occasional exercise of discretion and independent judgment.
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