HF 335 (LSB 2070YH (4) 86)

HOUSE FILE 335

BY  GASSMAN and SHEETS

A BILL FOR

An Act relating to county compensation boards by requiring that members of the board be elected and that the board review benefits paid to certain comparable officers.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 331.321, subsection 1, paragraph l, Code 2015, is amended by striking the paragraph.
    Sec. 2.  Section 331.905, subsections 1 and 2, Code 2015, are amended by striking the subsections and inserting in lieu thereof the following:
   1.  The county compensation board shall consist of seven members elected on a nonpartisan basis at the general election for staggered four-year terms commencing on the first day of January that is not a Sunday or holiday following their election. Any eligible elector residing in the county is eligible to the office of board member. If a member is absent for sixty percent or more of monthly meetings during any twelve-month period, the other members by their unanimous vote may declare the member’s office vacant. A vacancy in the office of board member shall be filled by appointment by the remaining members of the board until the next succeeding general election, at which time the balance of the unexpired term shall be filled as provided by section 69.12.
   2.  At each general election, a successor shall be chosen for each board member whose term will expire in the succeeding January.
   a.  Nomination of candidates for the office of board member shall be made by petition in accordance with chapter 45, except that each candidate’s nominating petition shall be signed by at least twenty-five eligible electors of the county. The petition form shall be furnished by the county commissioner of elections.
   b.  Every candidate shall file with the nomination papers an affidavit stating the candidate’s name, the candidate’s residence, that the person is a candidate and is eligible for the office of board member, and that if elected the candidate will qualify for the office. The affidavit shall also state that the candidate is aware that the candidate is disqualified from holding office if the candidate has been convicted of a felony or an infamous crime and the candidate’s rights have not been restored by the governor or by the president of the United States.
   c.  The signed petitions shall be filed with the county commissioner of elections not later than 5:00 p.m. on the sixty-ninth day before the general election.
   d.  The votes for the office of board member shall be canvassed in the same manner as the votes for county officers, and the returns shall be certified to the county board of supervisors. A plurality is sufficient to elect board members, and a primary election for the office shall not be held.
    Sec. 3.  Section 331.907, subsection 1, Code 2015, is amended to read as follows:
   1.  The annual compensation of the auditor, treasurer, recorder, sheriff, county attorney, and supervisors shall be determined as provided in this section. The county compensation board annually shall review the compensation and benefits paid to comparable officers in other counties of this state, other states, private enterprise, and the federal government. In setting the salary of the county sheriff, the county compensation board shall consider setting the sheriff’s salary so that it is comparable to salaries paid to professional law enforcement administrators and command officers of the state patrol, the division of criminal investigation of the department of public safety, and city police agencies in this state. The county compensation board shall prepare a compensation and benefits schedule for the elective county officers for the succeeding fiscal year. A recommended compensation and benefits schedule requires a majority vote of the membership of the county compensation board.
    Sec. 4.  TRANSITION PROVISIONS.
   1.  Membership terms of all county compensation board members serving on the effective date of this Act shall expire on December 31, 2016.
   2.  In each county, the canvass following the general election held in 2016 shall declare that the four candidates receiving the highest, second highest, third highest, and fourth highest number of votes are elected to serve four-year terms and those offices shall next appear on the ballot at the general election held in 2020. In each county, the canvass following the general election held in 2016 shall also declare that the three candidates receiving the fifth highest, sixth highest, and seventh highest number of votes shall serve initial two-year terms, and those offices shall next appear on the ballot at the general election held in 2018.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill relates to county compensation boards by requiring that members of the county compensation board be elected and that the board review benefits paid to comparable officers.
   Under current law, members of the county compensation board are appointed by the board of supervisors, county auditor, county attorney, county recorder, county treasurer, and county sheriff, with the board of supervisors appointing two members. The bill provides for the election of the seven-member county compensation board to four-year staggered terms. The bill makes provisions related to qualification and elections administration, and includes transition provisions.
   Under current law, the county compensation board, in making recommendations for the compensation of elected county officers, is required to annually review the compensation paid to comparable officers in other counties of this state, other states, private enterprise, and the federal government. The bill requires that the board also review the benefits paid to such comparable officers.