SF 2136 (LSB 1622SZ (2) 88)

SENATE FILE 2136

BY  COMMITTEE ON COMMERCE

(SUCCESSOR TO SF 562)
(SUCCESSOR TO SSB 1095)

A BILL FOR

An Act relating to the removal of city utility board members, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 388.3, subsection 1, Code 2020, is amended to read as follows:
   1.  If a proposal to establish a utility board receives a favorable majority vote, the mayor shall appoint the board members, as provided in the proposal, subject to the approval of the council. The council shall by resolution provide for staggered six-year terms for, and shall set the compensation of, board members.  Notwithstanding section 372.15, board members may only be removed from office pursuant to section 388.3A.
    Sec. 2.  NEW SECTION.  388.3A  Removal of utility board members for cause.
   1.  Any person appointed as a board member of a utility board pursuant to section 388.3 may be removed from office by the mayor with the approval of the city council for any of the following reasons:
   a.  Upon sufficient evidence supporting removal for any reason enumerated in section 66.1A.
   b.  For habitual nonattendance of board meetings.
   2.  Removal pursuant to this section shall be by written order. The order shall give the reasons for the removal and shall be filed in the office of the city clerk, and a copy shall be sent by certified mail to the person removed who, upon request filed with the city clerk within thirty days of the date of mailing the copy, shall be granted a public hearing before the city council on all issues connected with the removal. The hearing shall be held within thirty days of the date the request is filed unless the person removed requests a later date.
   3.  Subsections 1 and 2 shall not apply to the removal of a member of a utility board of a city utility of a city having a population greater than two hundred thousand according to the 2010 decennial census.
    Sec. 3.  EFFECTIVE DATE.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Under Code section 372.15, any person appointed to city office may be removed from office by written order from the officer or body making the appointment. This bill provides that notwithstanding Code section 372.15, board members of city utilities established under Code chapter 388 may only be removed from office pursuant to new Code section 388.3A. 
   New Code section 388.3A provides that city utility board members may be removed from office by the mayor with the approval of the city council upon sufficient evidence supporting any reason enumerated in Code section 66.1A or for habitual nonattendance of board meetings. Code section 66.1A provides for the removal of appointed or elected officers by the district court for certain reasons, including neglect or refusal to perform duties, misconduct or maladministration, corruption, extortion, conviction of a felony, intoxication, or conviction of a violation of Code chapter 68A. Removal of city utility board members shall be by written order pursuant to the procedure described in the bill. The bill provides an exception to the removal and written order provisions for members of a utility board of a city utility of a city having a population greater than 200,000 according to the 2010 decennial census.
   The bill takes effect upon enactment.