House
File
335
-
Introduced
HOUSE
FILE
335
BY
GASSMAN
and
SHEETS
A
BILL
FOR
An
Act
relating
to
county
compensation
boards
by
requiring
that
1
members
of
the
board
be
elected
and
that
the
board
review
2
benefits
paid
to
certain
comparable
officers.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
331.321,
subsection
1,
paragraph
l,
Code
1
2015,
is
amended
by
striking
the
paragraph.
2
Sec.
2.
Section
331.905,
subsections
1
and
2,
Code
2015,
3
are
amended
by
striking
the
subsections
and
inserting
in
lieu
4
thereof
the
following:
5
1.
The
county
compensation
board
shall
consist
of
seven
6
members
elected
on
a
nonpartisan
basis
at
the
general
election
7
for
staggered
four-year
terms
commencing
on
the
first
day
8
of
January
that
is
not
a
Sunday
or
holiday
following
their
9
election.
Any
eligible
elector
residing
in
the
county
is
10
eligible
to
the
office
of
board
member.
If
a
member
is
absent
11
for
sixty
percent
or
more
of
monthly
meetings
during
any
12
twelve-month
period,
the
other
members
by
their
unanimous
13
vote
may
declare
the
member’s
office
vacant.
A
vacancy
in
14
the
office
of
board
member
shall
be
filled
by
appointment
by
15
the
remaining
members
of
the
board
until
the
next
succeeding
16
general
election,
at
which
time
the
balance
of
the
unexpired
17
term
shall
be
filled
as
provided
by
section
69.12.
18
2.
At
each
general
election,
a
successor
shall
be
chosen
19
for
each
board
member
whose
term
will
expire
in
the
succeeding
20
January.
21
a.
Nomination
of
candidates
for
the
office
of
board
member
22
shall
be
made
by
petition
in
accordance
with
chapter
45,
except
23
that
each
candidate’s
nominating
petition
shall
be
signed
by
24
at
least
twenty-five
eligible
electors
of
the
county.
The
25
petition
form
shall
be
furnished
by
the
county
commissioner
of
26
elections.
27
b.
Every
candidate
shall
file
with
the
nomination
papers
28
an
affidavit
stating
the
candidate’s
name,
the
candidate’s
29
residence,
that
the
person
is
a
candidate
and
is
eligible
for
30
the
office
of
board
member,
and
that
if
elected
the
candidate
31
will
qualify
for
the
office.
The
affidavit
shall
also
state
32
that
the
candidate
is
aware
that
the
candidate
is
disqualified
33
from
holding
office
if
the
candidate
has
been
convicted
of
a
34
felony
or
an
infamous
crime
and
the
candidate’s
rights
have
not
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been
restored
by
the
governor
or
by
the
president
of
the
United
1
States.
2
c.
The
signed
petitions
shall
be
filed
with
the
county
3
commissioner
of
elections
not
later
than
5:00
p.m.
on
the
4
sixty-ninth
day
before
the
general
election.
5
d.
The
votes
for
the
office
of
board
member
shall
be
6
canvassed
in
the
same
manner
as
the
votes
for
county
officers,
7
and
the
returns
shall
be
certified
to
the
county
board
of
8
supervisors.
A
plurality
is
sufficient
to
elect
board
members,
9
and
a
primary
election
for
the
office
shall
not
be
held.
10
Sec.
3.
Section
331.907,
subsection
1,
Code
2015,
is
amended
11
to
read
as
follows:
12
1.
The
annual
compensation
of
the
auditor,
treasurer,
13
recorder,
sheriff,
county
attorney,
and
supervisors
shall
14
be
determined
as
provided
in
this
section
.
The
county
15
compensation
board
annually
shall
review
the
compensation
16
and
benefits
paid
to
comparable
officers
in
other
counties
17
of
this
state,
other
states,
private
enterprise,
and
the
18
federal
government.
In
setting
the
salary
of
the
county
19
sheriff,
the
county
compensation
board
shall
consider
setting
20
the
sheriff’s
salary
so
that
it
is
comparable
to
salaries
21
paid
to
professional
law
enforcement
administrators
and
22
command
officers
of
the
state
patrol,
the
division
of
criminal
23
investigation
of
the
department
of
public
safety,
and
city
24
police
agencies
in
this
state.
The
county
compensation
board
25
shall
prepare
a
compensation
and
benefits
schedule
for
the
26
elective
county
officers
for
the
succeeding
fiscal
year.
A
27
recommended
compensation
and
benefits
schedule
requires
a
28
majority
vote
of
the
membership
of
the
county
compensation
29
board.
30
Sec.
4.
TRANSITION
PROVISIONS.
31
1.
Membership
terms
of
all
county
compensation
board
32
members
serving
on
the
effective
date
of
this
Act
shall
expire
33
on
December
31,
2016.
34
2.
In
each
county,
the
canvass
following
the
general
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election
held
in
2016
shall
declare
that
the
four
candidates
1
receiving
the
highest,
second
highest,
third
highest,
and
2
fourth
highest
number
of
votes
are
elected
to
serve
four-year
3
terms
and
those
offices
shall
next
appear
on
the
ballot
at
the
4
general
election
held
in
2020.
In
each
county,
the
canvass
5
following
the
general
election
held
in
2016
shall
also
declare
6
that
the
three
candidates
receiving
the
fifth
highest,
sixth
7
highest,
and
seventh
highest
number
of
votes
shall
serve
8
initial
two-year
terms,
and
those
offices
shall
next
appear
on
9
the
ballot
at
the
general
election
held
in
2018.
10
EXPLANATION
11
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
12
the
explanation’s
substance
by
the
members
of
the
general
assembly.
13
This
bill
relates
to
county
compensation
boards
by
requiring
14
that
members
of
the
county
compensation
board
be
elected
and
15
that
the
board
review
benefits
paid
to
comparable
officers.
16
Under
current
law,
members
of
the
county
compensation
board
17
are
appointed
by
the
board
of
supervisors,
county
auditor,
18
county
attorney,
county
recorder,
county
treasurer,
and
county
19
sheriff,
with
the
board
of
supervisors
appointing
two
members.
20
The
bill
provides
for
the
election
of
the
seven-member
county
21
compensation
board
to
four-year
staggered
terms.
The
bill
22
makes
provisions
related
to
qualification
and
elections
23
administration,
and
includes
transition
provisions.
24
Under
current
law,
the
county
compensation
board,
in
25
making
recommendations
for
the
compensation
of
elected
county
26
officers,
is
required
to
annually
review
the
compensation
paid
27
to
comparable
officers
in
other
counties
of
this
state,
other
28
states,
private
enterprise,
and
the
federal
government.
The
29
bill
requires
that
the
board
also
review
the
benefits
paid
to
30
such
comparable
officers.
31
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