PART 1BOARD OF SUPERVISORS
331.201 Board membership — qualifications — term.
1. The board shall consist of three members unless the membership is increased to five as provided in section 331.203.
2. A supervisor must be a registered voter of the county or supervisor district of the county which the supervisor represents.
3. The office of supervisor is an elective office except that if a vacancy occurs on the board, a successor may be appointed
to the unexpired term as provided in section 69.14A.
4. The term of office of a supervisor is four years unless a change in the supervisor district representation plan or in the
number of supervisors on the board requires the election of one or two supervisors for an initial term of two years.
[R60, §303; C73, §294, 299; C97, §410; SS15, §410; C24, 27, 31, 35, 39, §
5106; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79,
81, §331.1;
S81, §331.201;
81 Acts, ch 117, §200]
331.202 Reserved.
331.203 Membership increased — vote.
1. The board may by resolution, or shall upon petition of the number of eligible electors of the county as specified in section 331.306, submit to the registered voters of the county at a general election a proposition to increase the number of supervisors
to five.
2. If a majority of the votes cast on the proposition is in favor of the increase to five members, the board shall be increased
to five members effective on the first day in January which is not a Sunday or holiday following the next general election.
The five-member board shall be elected according to the supervisor representation plan in effect in the county. a. If plan “one” as defined in section 331.206 is in effect, two additional supervisors shall be elected at the next general election, one for a two-year term and one for
a four-year term.
b. If plan “two” or plan “three” as defined in section 331.206 is in effect, the temporary county redistricting commission shall divide the county into five equal-population districts
by December 15 of the year preceding the year of the next general election and at that general election, five board members
shall be elected, two for initial terms of two years and three for four-year terms. The districts shall be drawn in the manner
provided under sections 331.209 and 331.210. The terms of the three incumbent supervisors shall expire on the date that the five-member board becomes effective.
c. The length of term for which a person is a candidate and the date when the term begins shall be indicated on the ballot.
[R60, §303; C73, §294, 299; C97, §410; SS15, §410; C24, 27, 31, 35, 39, §
5107; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79,
81, §331.2;
S81, §331.203;
81 Acts, ch 117, §202;
82 Acts, ch 1091, §2,
ch 1104, §29]
331.204 Membership reduced — vote — new members.
1. In a county having a five-member board, the board may by resolution, or shall upon petition of the number of eligible electors
of the county as specified in section 331.306, submit to the registered voters of the county at a general election a proposition to reduce the number of supervisors to
three.
2. If a majority of the votes cast on the proposition is in favor of the reduction to three members, the membership of the board
shall remain at five until the first day in January which is not a Sunday or holiday following the next general election,
at which time the terms of the five members shall expire.
3. At the next general election following the one at which the proposition to reduce the membership of the board to three is
approved, the membership of the board shall be elected according to the supervisor representation plan in effect in the county.
If the supervisor representation plan includes equal-population districts, the districts shall be designated by December 15
of the year preceding the year of the next general election by the temporary county redistricting commission. The districts
shall be drawn in the manner provided under sections 331.209 and 331.210. One member of the board shall be elected to a two-year term and the remaining two members shall be elected to four-year
terms. The length of the term for which a person is a candidate and the date when the term begins shall be indicated on the
ballot.
[C73, §299; C97, §410; SS15, §410; C24, 27, 31, 35, 39, §
5108 – 5110; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79,
81, §331.3,
331.6,
331.7;
S81, §331.204;
81 Acts, ch 117, §203;
82 Acts, ch 1091, §3,
ch 1104, §30]
331.206 Supervisor districts.
1. One of the following supervisor district representation plans shall be used for the election of supervisors: a. Plan “one”. Election at large without district residence requirements for the members.
b. Plan “two”. Election at large but with equal-population district residence requirements for the members.
c. Plan “three”. Election from single-member equal-population districts, in which the electors of each district shall elect one member who
must reside in that district.
2. a. The plan used under subsection 1 shall be selected by the board or by a special election as provided in section 331.207. A plan selected by the board shall remain in effect for at least six years and shall only be changed by a special election
as provided in section 331.207. b. A plan selected by the board shall become effective on the first day in January which is not a Sunday or holiday following
the next general election, at which time the terms of the members expire and the terms of the members elected under the requirements
of the new supervisor representation plan at the general election as specified in section 331.208, 331.209, or 331.210 shall commence.
[C97, §416; S13, §416; C24, 27, 31, 35, 39, §
5111; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79,
81, §331.8;
S81, §331.206;
81 Acts, ch 117, §205]
331.207 Special election — supervisor districts.
1. The board, upon petition of the number of eligible electors of the county as specified in section 331.306, shall call a special election to be held for the purpose of selecting one of the supervisor representation plans specified
in section 331.206 under which the board of supervisors shall be elected.
2. The petition shall be filed with the county commissioner by June 1 of an odd-numbered year, subject to subsection 6. The special election shall be held on the first Tuesday in August of the odd-numbered year. Notice of the special election
shall be published once each week for three successive weeks in an official newspaper of the county, shall state the representation
plans to be submitted to the electors, and shall state the date of the special election. The last in the series of publications
shall occur not less than four nor more than twenty days before the election.
3. The supervisor representation plans submitted at the special election shall be stated in substantially the following manner:
4. If the plan adopted by a plurality of the ballots cast in the special election is not the supervisor representation plan currently
in effect in the county, the terms of the county supervisors serving at the time of the special election shall continue until
the first day in January which is not a Sunday or holiday following the next general election, at which time the terms of
the members shall expire and the terms of the members elected under the requirements of the new supervisor representation
plan at the general election as specified in section 331.208, 331.209, or 331.210 shall commence.
5. If the plan adopted by a plurality of the ballots cast in the special election represents a change from plan “one” to plan
“two” or “three”, or from plan “two” to plan “three”, as each plan is defined in section 331.206, the temporary county redistricting commission shall divide the county into districts as provided in sections 331.209 and 331.210. The plan shall be completed not later than November 1 following the special election and shall be submitted to the state
commissioner of elections. The plan shall become effective the following January 1.
6. Notwithstanding any provision of this section to the contrary, a county with a population of sixty thousand or more based on the most recent federal decennial census that
elects supervisors under plan “three” shall not change from plan “three” to plan “one” or plan “two” pursuant to a special
election under this section unless a plan “one” or plan “two” representation plan is adopted by a two-thirds vote of the ballots cast in the special
election.
7. A supervisor representation plan adopted at a special election shall remain in effect for at least six years.
[C97, §417; C24, 27, 31, 35, 39, §
5112; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79,
81, §331.9;
S81, §331.207;
81 Acts, ch 117, §206;
82 Acts, ch 1104, §31]
88 Acts, ch 1119, §37; 2002 Acts, ch 1134, §93, 94, 115; 2010 Acts, ch 1033, §43; 2016 Acts, ch 1011, §55; 2018 Acts, ch 1151, §2, 6
331.208 Plan “one” terms of office.
1. In the primary and general elections, the number of supervisors, or candidates for the offices, which constitutes the board
in the county, shall be elected by the registered voters of the county at large without district residence requirements.
2. In counties with three county supervisors, one person shall be elected as a member of the board for an initial term of two
years and two persons shall be elected as members of the board for four years.
3. In counties with five supervisors, two persons shall be elected as members of the board for initial terms of two years and
three persons shall be elected as members of the board for four years.
4. The determination as to whether a term of office shall be for two or four years shall be decided by lot before the primary
election, and the results of the determination indicated on the ballot in the primary and general elections.
331.209 Plan “two” terms of office.
1. Not later than ninety days after the redistricting of congressional and legislative districts becomes law, or October 15 of
the year immediately following each year in which the federal decennial census is taken, whichever is later, the temporary
county redistricting commission shall divide the county into a number of supervisor districts corresponding to the number
of supervisors in the county. However, if the plan is selected pursuant to section 331.207, the temporary county redistricting commission shall divide the county before February 15 of the election year. The supervisor
districts shall be drawn, to the extent applicable, in compliance with the redistricting standards provided for senatorial
and representative districts in section 42.4, and if a supervisor redistricting plan is challenged in court, the requirement of justifying any variance in excess of one
percent contained in section 42.4, subsection 1, paragraph “c” applies to the board. If the temporary county redistricting commission adopts a supervisor redistricting plan with a variance
in excess of one percent, the board shall publish the justification for the variance in one or more official newspapers as
provided in chapter 349 within ten days after the action is taken. If more than one incumbent supervisor resides in the same supervisor district
after the districts have been redrawn following the federal decennial census, the terms of office of those supervisors shall
expire on the first day of January that is not a Sunday or a holiday following the next general election.
2. Each supervisor must reside in a separate supervisor district but shall be elected by the electors of the county at large.
Election ballots shall be prepared to specify the district which each candidate seeks to represent and each elector may cast
a vote for one candidate from each district for which a supervisor is to be chosen in the general election.
3. At the primary and general elections the number of supervisors, or candidates for the offices, which constitute the board
in the county shall be elected as provided in this section. Terms of supervisors shall be the same as provided in section 331.208.
4. Each temporary county redistricting commission shall notify the state commissioner of elections when the boundaries of supervisor
districts are changed, shall provide a map delineating the new boundary lines, and shall certify to the state commissioner
of elections the populations of the new supervisor districts as determined under the latest federal decennial census. Upon
failure of a temporary county redistricting commission to make the required changes by the dates specified by this section and sections 331.203 and 331.204 as determined by the state commissioner of elections, the state commissioner of elections shall make or cause to be made
the necessary changes as soon as possible, and shall assess to the county the expenses incurred in so doing. Except for a
representation plan drawn pursuant to section 331.210A, subsection 2, paragraph “f”, the state commissioner of elections may request the services of personnel and materials available to the legislative services
agency to assist the state commissioner in making required changes in supervisor district boundaries which become the state
commissioner’s responsibility.
[C71, 73, 75, 77, 79,
81, §331.26;
S81, §331.209;
81 Acts, ch 117, §208;
82 Acts, ch 1091, §4, 5]
89 Acts, ch 296, §38; 90 Acts, ch 1233, §24; 91 Acts, ch 190, §1; 94 Acts, ch 1179, §21, 22; 2003 Acts, ch 35, §44, 49; 2018 Acts, ch 1151, §4, 6
Referred to in
§39.18, 49.3, 49.7, 49.8, 331.203, 331.204, 331.206, 331.207, 331.210, 331.210A, 331.238, 331.248, 331.261
If plan “three” is selected pursuant to
section 331.206 or
331.207, the supervisor districts shall be drawn and supervisors shall be elected as provided in
section 331.209, except the boundaries of supervisor districts shall follow voting precinct lines and each member of the board and each candidate
for the office shall be elected or nominated at the primary and general elections by only the electors of the district which
that candidate seeks to represent.
331.210A Temporary county redistricting commission.
1. Appointment of members.
a. Not later than May 15 of each year ending in one, a temporary county redistricting commission shall be established as provided
by this section for counties which have either plan “two” or plan “three” supervisor representation plans. If a county has either plan “two”
or plan “three” supervisor representation plans and the number of members of the board is increased or decreased under section 331.203 or 331.204, the temporary county redistricting commission shall be established by May 15 of the year preceding the year of the next
general election.
b. The board shall determine the size of the membership of the temporary county redistricting commission which may be three,
five, or seven in number. The minimum number of members constituting a majority of the membership shall be appointed by the
majority party members of the board. The remaining number of members of the temporary county redistricting commission shall
be appointed by the minority party members of the board. If the members of the board are all members of one political party
or if the minority members of the board are not all members of only one political party, the minority representation of the
temporary county redistricting commission shall be appointed by the chair of the county central committee for the party, other
than the party of the majority members of the board, which received the most votes in that county cast for its candidate for
president of the United States or for governor at the last preceding general election, as the case may be. If that party’s
county central committee has no chair, the appointments shall be made by the chair of that party’s state central committee.
c. A member of the county board of supervisors may be appointed as a member of the temporary county redistricting commission.
No person shall be appointed to the temporary county redistricting commission who is not an eligible elector of the county
at the time of appointment.
d. A vacancy on the temporary county redistricting commission shall be filled by the initial selecting authority within fifteen
days after the vacancy occurs.
e. Members of the temporary county redistricting commission shall receive a per diem as specified by the board, travel expenses
at the rate provided by section 70A.9, and reimbursement for other necessary expenses incurred in performing their duties.
f. Each of the appointing authorities shall certify to the county commissioner of elections the authority’s appointment of a
person to serve on the temporary county redistricting commission.
2. Adoption of plans.
a. The temporary county redistricting commission, upon appointment, shall acquire official census population data from the latest
federal decennial census including the corresponding census maps and shall use that information in drawing and adopting the
county’s supervisor districting plan. The commission shall draw the plan, to the extent applicable, in accordance with section 42.4. If the county has a plan “three” supervisor representation plan, the temporary county redistricting commission shall also
draw and adopt the county’s corresponding precinct plan in accordance with sections 49.3, 49.4, and 49.6.
b. After the temporary county redistricting commission has finished its preliminary proposed county supervisor districting plan
and corresponding precinct plan, if applicable, the commission shall at the earliest feasible time make available to the public
all of the following information: (1) Copies of the legal description of the plans.
(2) Maps illustrating the plans.
(3) A summary of the standards prescribed by law for development of the plans.
(4) A statement of the population of each district included in the plan, and the relative deviation of each district population
from the ideal district population.
(5) A statement of the population of each precinct, if applicable.
c. Upon the completion of the county’s preliminary proposed plans, the temporary county redistricting commission shall do all
of the following: (1) As expeditiously as possible, schedule and conduct at least one public hearing on the proposed plans.
(2) Allow members of the public to present alternative plans at the public hearing.
(3) Following the hearings, promptly prepare and make available to the public a report summarizing information and testimony received
by the temporary county redistricting commission in the course of the hearings. The report shall include any comments and
conclusions which its members deem appropriate regarding the information and testimony received at the hearings, or otherwise
presented to the temporary county redistricting commission.
d. (1) After the requirements of paragraphs “a” through “c” have been met, the temporary county redistricting commission shall adopt a supervisor district plan and corresponding precinct
plan, if applicable, and shall submit the plan to the board of supervisors for their approval. Prior to adoption of a plan
by the commission, any member of the temporary county redistricting commission may submit precinct or district plans to the
commission for a vote, either independently or as an amendment to a plan presented by other members of the commission. (2) The board of supervisors shall review the plan submitted by the temporary county redistricting commission and shall approve
or reject the plan. If the plan is rejected, the board shall give written reasons for the rejection of the plan and shall
direct the commission to prepare a second plan. The board of supervisors may amend the second plan submitted for approval
by the commission. Any amendment must be accompanied by a written statement declaring that the amendment is necessary to bring
the submitted plan closer in conformity to the standards in section 42.4.
e. (1) The plan approved by the board of supervisors shall be submitted to the state commissioner of elections for approval. If the
state commissioner or the Iowa ethics and campaign disclosure board finds that the plan does not meet the standards of section 42.4, the state commissioner shall reject the plan, and the board of supervisors shall direct the commission to prepare and adopt
an acceptable plan. (2) For purposes of determining whether the standards of section 42.4 have been met, an eligible elector may file a complaint with the state commissioner of elections within fourteen days after
a plan is approved by the board of supervisors of the county in which the eligible elector resides, on a form prescribed by
the commissioner, alleging that the plan was drawn for improper political reasons as described in section 42.4, subsection 5. If a complaint is filed with the state commissioner of elections, the state commissioner shall forward the complaint to
the Iowa ethics and campaign disclosure board established in section 68B.32 for resolution.
(3) If, after the initial proposed supervisor district plan or precinct plan has been submitted to the state commissioner for
approval, it is necessary for the temporary county redistricting commission to make subsequent attempts at adopting an acceptable
plan, the subsequent plans do not require public hearings.
f. (1) (a) For purposes of this paragraph “f”, “qualifying county” means a county that elects supervisors under plan “three” as defined in section 331.206, or a county with a population of one hundred eighty thousand or more that has adopted a charter for a city-county consolidated
form of government or a community commonwealth form of government and which charter provides for representation by districts.
(b) Notwithstanding any provision of this section to the contrary, for a qualifying county, the legislative services agency, and not the temporary county redistricting commission,
shall draw a representation plan as provided by paragraph “a”.
(c) A county subject to the requirements of this paragraph “f” shall notify the state commissioner of elections that a representation plan to be drawn pursuant to this paragraph “f” is required and shall submit to the state commissioner of elections the precinct plan to be used to draw the representation
plan. Upon notification and submission of a precinct plan, the state commissioner of elections shall review and approve the
precinct plan to be used. Following approval of the precinct plan to be used, the state commissioner of elections shall notify
the legislative council which shall direct the legislative services agency to prepare a representation plan for the county.
(d) The plan drawn by the legislative services agency shall be based upon the precinct plan adopted and approved for use by the
county and shall be drawn in accordance with section 42.4, to the extent applicable. After the legislative services agency has drawn the plan, the legislative services agency shall
at the earliest feasible time make available to the public all of the information required to be made public by paragraph
“b”. (2) The legislative services agency shall submit the plan to the governing body, and the governing body shall comply with the
duties required by paragraph “c”, to the extent applicable.
(3) After the requirements of paragraphs “a” through “c” have been met, the governing body shall review the plan submitted by the legislative services agency and shall approve or
reject the plan. If the plan is rejected, the governing body shall give written reasons for the rejection and shall direct
the legislative services agency to prepare a second plan, as provided in paragraph “d”. The second plan may be amended by the governing body in accordance with the provisions of paragraph “d”. After receiving the second plan, the governing body shall approve either the first plan or the second plan.
(4) The governing body, after approving a plan, shall comply with the requirements of paragraph “e”.
3. Open meetings and public records.
Chapters 21 and 22 shall apply to the temporary county redistricting commission.
4. Termination.
The terms of the members of the temporary county redistricting commission shall expire twenty days following the date the
county’s supervisor district plan and corresponding precinct plan, if applicable, are approved or imposed by the state commissioner
of elections under sections 49.7 and 331.209.
94 Acts, ch 1179, §23; 2004 Acts, ch 1066, §1, 31; 2008 Acts, ch 1115, §107; 2017 Acts, ch 54, §48; 2018 Acts, ch 1151, §5, 6
331.211 Organization of the board.
1. The board, at its first meeting in each year, shall choose one of its members as chairperson who shall preside at all of its
meetings during the year. The board may also select a vice chairperson who shall serve during the absence of the chairperson.
2. The auditor shall serve as clerk to the board unless the board, with the consent of the auditor, appoints a permanent clerk.
In the absence of the auditor, the auditor’s designee as clerk, or the permanent clerk, the board may appoint a temporary
clerk. The permanent or temporary clerk appointed by the board shall provide the auditor with all information necessary for
the auditor to carry out the requirements of section 331.504.
[R60, §308, 312(1); C73, §300, 303(1); C97, §415, 422; SS15, §422; C24, 27, 31, 35, 39, §
5116, 5130; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79,
81, §331.13,
332.3(1);
S81, §331.211;
81 Acts, ch 117, §210]
331.212 Quorum — majority vote required.
1. A majority of the members of the board constitutes a quorum to transact the official business of the county. If the board
is equally divided on a question when less than the full membership is present, the question shall be continued until all
of the members of the board are present.
2. The following actions of the board require the affirmative vote of a majority of its membership: a. Levying of a tax.
b. Entering into a contract for the erection of a public building.
c. Making a settlement with a county officer.
d. Buying or selling real estate.
e. Designating a new site for a county building.
f. Changing the boundaries of a township.
g. Appropriating money to aid in the construction of a highway or a bridge.
h. Appointing or removing an officer from office.
i. Setting the compensation schedule of elected county officers, if the board has not established or has dissolved a county compensation
board pursuant to section 331.905.
j. Dissolving a county compensation board.
[R60, §308, 313; C73, §297, 305; C97, §413, 440; C24, 27, §5117, 5121; C31, 35, §5903-c10, 5117, 5121; C39, §
5903.10, 5117, 5121; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79,
81, §330.12,
331.14,
331.18;
S81, §331.212;
81 Acts, ch 117, §211]
331.213 Meetings of the board.
1. The board shall hold its first meeting of each year on the first day in January which is not a Saturday, Sunday or holiday
and shall hold all subsequent meetings of the year as scheduled by the board. All meetings of the board shall be scheduled
and conducted in compliance with chapter 21.
2. If a quorum of the board fails to appear at a meeting, the clerk shall adjourn the meeting from day to day until a quorum
is present.
[R60, §307, 309; C73, §296, 301; C97, §412, 420; S13, §412; C24, 27, 31, 35, 39, §
5118 – 5120; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79,
81, §331.15 – 331.17;
S81, §331.213;
81 Acts, ch 117, §212;
82 Acts, ch 1104, §32]
331.214 Vacancy of supervisor’s office.
1. The circumstances which constitute a vacancy in office under section 69.2 shall be treated as a resignation of the office. At its next meeting after the sixty-day absence, the board, by resolution
adopted and included in its minutes, shall declare the absent supervisor’s seat vacant.
2. a. If the physical or mental status of a supervisor is in question, the board shall decide whether a vacancy exists. The board
shall comply with the notice and hearing requirements of section 69.2, subsection 2. After a hearing, the board, by resolution adopted and included in its minutes, may declare the supervisor’s seat vacant
if the board determines either of the following: (1) That the supervisor is physically or mentally incapable of performing the duties of office and there is reasonable cause to
believe that the supervisor will not be able to perform the duties of office for the remainder of the supervisor’s term. To
make this determination, the board shall appoint a physician and the family of the supervisor shall appoint a physician to
examine the supervisor. For purposes of this subsection, “family” means the parent, spouse, or child of the supervisor. If the family does not appoint a physician, the board shall appoint
two physicians to examine the supervisor. The board shall receive the report of the physicians as evidence at the hearing.
The board may only declare the supervisor’s seat vacant if both physicians concur that the supervisor is physically or mentally
incapable of performing the duties of office and there is reasonable cause to believe that the supervisor will not be able
to perform the duties of office for the remainder of the supervisor’s term. However, if the physicians concur that the supervisor
is mentally incapable of performing the duties of office, the board shall not declare the supervisor’s seat vacant for one
year from the date of the hearing if the supervisor is receiving treatment for the mental incapacity.
(2) That the supervisor refuses or is unavailable for the examination required in subparagraph (1).
b. A supervisor whose seat is declared vacant under this subsection may appeal the board’s decision to the district court.
c. If the board declares a vacancy under this subsection and the remaining balance of the supervisor’s unexpired term is two and one-half years or more, a special election shall
be held to fill the office as provided in section 69.14A, subsection 1, paragraph “c”.
[C73, §298; C97, §414; C24, 27, 31, 35, 39, §
5115; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79,
81, §331.12;
S81, §331.214;
81 Acts, ch 117, §213]
331.215 Compensation and expenses.
1. The supervisors shall receive an annual salary or per diem compensation as determined under section 331.907. The annual salary or per diem shall be full payment for all services rendered to the county except for reimbursement for
mileage and other expenses authorized in subsection 2.
2. A supervisor is entitled to reimbursement for mileage expenses incurred while engaged in the performance of official duties
at the rate specified in section 70A.9. The total mileage expense for all supervisors in a county shall not exceed the product of the rate of mileage specified
in section 70A.9 multiplied by the total number of supervisors in the county times ten thousand. The board may also authorize reimbursement
for mileage and other actual expenses incurred by its members when attending an educational course, seminar, or school which
is related to the performance of their official duties.
[R60, §317; C73, §3791; C97, §469; S13, §469; C24, 27, 31, 35, 39, §
5125, 5127, 5260; C46, 50, 54, 58, 62, 66, §331.22, 331.24, 343.12; C71, 73, 75, 77, 79,
81, §331.22,
343.12;
S81, §331.215;
81 Acts, ch 117, §214, 216]
331.216 Membership on appointive boards, committees, and commissions.
Unless otherwise provided by state statute, a supervisor may serve as a member of any appointive board, commission, or committee
of this state, a political subdivision of this state, or a nonprofit corporation or agency receiving county funds.
331.217 through 331.230 Reserved.
331.231 Alternative forms of county government.
The alternative forms of county government are as follows:
88 Acts, ch 1229, §3; 91 Acts, ch 256, §2, 3; 2004 Acts, ch 1066, §2, 31; 2018 Acts, ch 1041, §127
331.232 Plan for an alternative form of government.
1. A charter to change a form of county government may be submitted to the electors of a county only by a commission established
by resolution of the board upon petition of the number of eligible electors of the county equal to at least twenty-five percent
of the votes cast in the county for the office of president of the United States or governor at the preceding general election
or the signatures of at least ten thousand eligible electors of the county, whichever number is fewer. The board shall within
ten days of the filing of a valid petition adopt such a resolution.
2. The council of any city wishing to participate in a city-county consolidation charter commission must notify the board by
resolution within thirty days of the creation of the commission pursuant to subsection 1. A city’s participation in a city-county consolidation charter commission may be proposed by the city council adopting a
resolution in favor of participation or by eligible electors of the city equal in number to at least twenty-five percent of
the persons who voted at the last regular city election petitioning the council to adopt a resolution in favor of participation.
The council shall within ten days of the filing of a valid petition adopt such a resolution.
3. An alternative form of county government shall be submitted to the electorate by the commission in the form of a charter.
331.233 Appointment of commission members.
1. The members of a commission created to study the alternative forms of county government under subchapter II, part 1, and sections 331.239, 331.241, 331.246, and 331.253, shall be appointed within forty-five days after the adoption of the resolution creating the commission as follows: a. Two members shall be appointed by each of the following officers: (1) County auditor.
(2) County recorder.
(3) County treasurer.
(4) County sheriff.
(5) County attorney.
b. Two members shall be appointed by each member of the board.
c. Two members shall be appointed by each state representative whose legislative district is located in the county if a majority
of the constituents of that legislative district resides in the county. However, if a county does not have a state representative’s
legislative district which has a majority of a state representative’s constituency residing in the county, the state representative
having the largest plurality of constituents residing in the county shall appoint two members.
2. Only eligible electors of the county not holding a city, county, or state office shall be members of the commission. In counties
having multiple state legislative districts, the districts shall be represented as equally as possible. The membership shall
be bipartisan and each appointing authority under subsection 1 shall provide for representation of various age groups, racial minorities, economic groups, and representatives of identifiable
geographically defined populations, all in reasonable relationship to the proportions in which these groups are present in
the population of the commission area. A vacancy on the commission shall be filled by appointment in the same manner as the
original appointment. The county auditor shall notify the appropriate appointing authority of a vacancy.
3. The legislative appointing authorities shall be considered one appointing authority for the purpose of complying with subsection 2. The senior legislative appointing authority in terms of length of legislative service shall convene the legislative appointing
authorities to consult for the purpose of complying with subsection 2.
4. If at any time during the commission process, the commission adopts a resolution by majority vote to prepare a charter proposing
city-county consolidation or the community commonwealth form, additional members shall be appointed to the commission in order
to comply with section 331.233A. The life of the commission shall be extended up to six months after the appointment of the additional members.
88 Acts, ch 1229, §5; 91 Acts, ch 256, §5 – 7; 2010 Acts, ch 1069, §118; 2018 Acts, ch 1041, §127; 2024 Acts, ch 1004, §40
331.233A Appointment of commission members — city-county consolidation or community commonwealth.
1. The members of a commission created to study city-county consolidation or the community commonwealth form shall be appointed
within thirty days after the adoption of a resolution creating the commission as follows: a. One city council member shall be appointed by the city council of each city participating in the charter process.
b. Two members of the board of supervisors shall be appointed by the board of each county participating in the charter process.
One supervisor must be a resident of the unincorporated area of the county for each participating county. However, if no supervisor
resides in the unincorporated area, the board shall appoint a resident of the unincorporated area of the county in lieu of
appointing a supervisor.
c. One member shall be appointed by each state legislator whose legislative district is located in the commission area if a majority
of the constituents of that legislative district resides in the commission area. However, if a commission area does not have
a state legislative district which has a majority of its constituents residing in the commission area, the legislative district
having the largest plurality of constituents residing in the commission area shall appoint one member.
d. An additional member shall be appointed by each city council and each county board for every twenty-five thousand residents
in the participating city or unincorporated area of the county, whichever is applicable. The member shall be a resident of
the city or county, as applicable. The member shall be a person who is not holding elected office at the time of the appointment.
2. A vacancy on the commission shall be filled by appointment in the same manner as the original appointment. The county auditor
shall notify the appropriate appointing authority of a vacancy.
3. If at any time during the commission process, the commission adopts a resolution by majority vote to prepare a charter proposing
an alternative form other than city-county consolidation or the community commonwealth form, the resolution shall be submitted
to the board of supervisors of the participating county, and the board shall proceed pursuant to section 331.233. The life of the commission shall be extended up to six months after the appointment of the new members.
331.234 Organization and expenses.
1. Within thirty days after the appointment of the members of the commission, the county auditor shall give written notice of
the date, time, and location of the first meeting of the commission. At the first meeting the commission shall organize by
electing a chairperson, vice chairperson, and other officers as necessary. The commission shall adopt rules governing the
conduct of its meetings, subject to chapter 21.
2. The members of the commission shall serve without compensation, but they are entitled to travel and other necessary expenses
relating to their duties of office.
3. The board shall make available to the commission in-kind services such as office space, printing, supplies, and equipment
and shall pay the other necessary expenses of the commission including compensation for secretarial, clerical, professional,
and consultant services. The total annual expenses, not including the value of in-kind expenses, to be paid from public funds
shall not exceed one hundred thousand dollars or an amount equal to thirty cents times the population of the commission area,
according to the most recent certified federal census. The commission may employ staff as necessary.
4. Except as otherwise provided in subsection 5, the expenses of the commission may be paid from the general fund of the county. Expenses of the commission may also be paid
from any combination of public or private funds available for that purpose. The commission’s annual expenses may exceed the
amount in subsection 3 only if the excess is paid from private funds. If a proposed charter is submitted to the electorate, private funds donated
to the commission may be used to promote passage of the proposed charter.
5. In the case of a city-county consolidation charter commission or a community commonwealth charter commission, the expenses
of the commission shall be paid by each city and county participating in the charter process pursuant to section 331.233A. Each participating city’s share shall be its pro rata share of the expenses based upon the ratio that the population of
the city bears to the total population in the county. The remainder shall be paid from the general fund of the county. The
amount paid by each city and county participating in the charter process shall be deposited in a segregated account maintained
by the county.
331.235 Commission procedures and reports.
1. Within sixty days after its organization, the commission shall hold at least one public hearing for the purpose of receiving
information and material which will assist in the drafting of a charter. Notice of the date, time, and place of the hearing
shall be given as provided in chapter 21.
2. Within seven months after the organization of the commission, the commission shall submit a preliminary report to the board,
which report may include the text of the proposed charter. If a proposed charter is included in the preliminary report, the
report shall also include an analysis of the fiscal impact of the proposed charter. Sufficient copies of the report shall
be made available for distribution to residents of the county who request a copy. The commission shall hold at least one public
hearing after submission of the preliminary report to obtain public comment. Notice of the date, time, and place of the hearing
shall be given as provided in chapter 21.
3. Within twelve months after organization, the commission shall submit the final report to the board. However, a commission
may adopt a motion granting itself a sixty-day extension of time for submission of its final report. If the commission recommends
a charter including a form of government other than the existing form of government, the final report shall include the full
text and an explanation of the proposed charter, an analysis of the fiscal impact of the proposed charter, any comments deemed
desirable by the commission, and any minority reports. The final report may recommend no change to the existing form of government
and that no charter be submitted to the electorate, in which case, the report shall state the reasons for and against a change
in the existing form of government. The final report shall be made available to the residents of the county upon request.
A summary of the final report shall be published by the commission in the official newspapers of the county and in a newspaper
of general circulation in each participating city.
4. If a provision of this part is amended by enactment of the general assembly after a charter commission has submitted its final
report to the board and before the proposed charter is submitted at an election, the commission may amend the proposed charter,
only to the extent the charter amendment addresses the changes in the newly enacted law, and shall submit the amended proposed
charter and an amended final report to the board in lieu of the original proposed charter. The amended proposed charter shall
be placed on the ballot for the next general election if it is received by the board within the time set out in section 331.237, subsection 1. A summary of any amendments to the proposed charter shall be published by the commission as provided in subsection 3.
5. The commission is dissolved on the date of the general election at which the proposed charter is submitted to the electorate.
However, if a charter proposing the city-county consolidated form or the community commonwealth form is adopted, the commission
is dissolved on the date that the terms of office of the members of the governing body for the alternative form of government
commence. If a charter is not recommended, the commission is dissolved upon submission of its final report to the board.
331.236 Ballot requirements.
1. Unless otherwise provided, the question of adopting the proposed alternative form of government shall be submitted to the
electors in substantially the following form:
Should the (charter or amendment) described below be adopted for (insert name of local government)?
2. The ballot must contain a brief description and summary of the proposed charter or amendment.
331.237 Referendum — effective date.
1. If a proposed charter for county government is received not less than five working days before the filing deadline for candidates
for county offices specified in section 44.4 for the next general election, the board shall direct the county commissioner of elections to submit to the registered voters
of the county at the next general election the question of whether the proposed charter shall be adopted. A summary of the
proposed charter or amendment shall be published in the official county newspapers and in a newspaper of general circulation
in each participating city, if applicable, at least ten but not more than twenty days before the date of the election. Except
as otherwise provided in sections 331.247 and 331.260, if a majority of the votes cast on the question is in favor of the proposal, the proposal is adopted.
2. If a proposed charter for county government is adopted: a. The adopted charter shall take effect July 1 following the general election at which it is approved unless the charter provides
a later effective date. If the adopted charter calls for a change in the form of government, officers to fill elective offices
shall be elected in the general election in the even-numbered year following the adoption of the charter. Those county officers
holding office at the time of the adoption of the charter shall continue in office until the general election in the even-numbered
year following the adoption of the charter. If the charter provides that one or more elective offices are combined, the board
of supervisors shall appoint one of the elective officers of the combined offices to serve until the general election in the
even-numbered year. If the charter calls for the elimination of an elective office, that elective officer’s term of office
shall expire on the date the adopted charter takes effect.
b. The adoption of the alternative form of county government does not alter any right or liability of the county in effect at
the time of the election at which the charter was adopted.
c. All departments and agencies shall continue to operate until replaced.
d. All ordinances or resolutions in effect remain effective until amended or repealed, unless they are irreconcilable with the
adopted charter.
e. Upon the effective date of the adopted charter, the county shall adopt the alternative form by ordinance, and shall file a
copy with the secretary of state, and maintain available copies for public inspection.
f. The former governing bodies shall continue to perform their duties until the new governing body is sworn into office, and
shall assist the new governing body in planning the transition to the charter government.
3. If a charter is submitted to the electorate but is not adopted, another charter shall not be submitted to the electorate for
two years. If a charter is adopted, it may be amended at any time. If a charter is adopted, a proposed charter for another
alternative form of county government shall not be submitted to the electorate for six years.
4. Subsections 2 and 3 do not apply to the city-county consolidated form of government or the community commonwealth form of government.
88 Acts, ch 1229, §9;
91 Acts, ch 129, §25;
91 Acts, ch 256, §12 – 14;
94 Acts, ch 1180, §45, 46;
95 Acts, ch 67, §53;
2004 Acts, ch 1066, §9, 10, 31
331.238 Limitations to alternative forms of county government.
1. A county may adopt or amend an alternative form of county government subject to the requirements and limitations provided
in this section.
2. a. An alternative form of county government shall provide for the exercise of home rule power and authority not inconsistent
with state law and may include provisions for any of the following:
(2) A supervisor representation plan for the county which may differ from the supervisor representation plans as provided in subchapter II, part 1.
(3) The initial compensation for members of the board which, thereafter, shall be determined as provided in section 331.215.
(5) Determining meetings of the board and rules of procedure which may differ from the requirements of section 331.213, except the meetings shall be scheduled and conducted in compliance with chapter 21.
(6) The combining of duties of elected officials or the elimination of elected offices and the assumption of the duties of those
offices by appointed officials.
(7) The organization of county departments, agencies, or boards. The organization plan may provide for the abolition or consolidation
of a board or a commission and the assumption of its powers and duties by the board of supervisors or another officer.
(8) In lieu of the election or appointment of township trustees, a method providing for the exercise of their powers and duties
by the board of supervisors or other governing body of the county or another office.
(9) Consolidating city-county government or government functions.
(10) Consolidating county-county government or government functions.
b. This subsection does not apply to the board of trustees of a county hospital.
3. An alternative form of county government shall provide for the partisan election of its officers.
4. Subsections 1 and 2 do not apply to the city-county consolidated form of government or the community commonwealth form of government.
88 Acts, ch 1229, §10; 91 Acts, ch 256, §15 – 18; 2004 Acts, ch 1066, §11, 31; 2010 Acts, ch 1061, §180; 2018 Acts, ch 1041, §127; 2019 Acts, ch 59, §103
BOARD-ELECTED EXECUTIVE FORM
331.239 Board-elected executive form.
The board-elected executive form consists of an elected board of an odd number with staggered terms of office and one elected
executive whose term shall be the same as that of a member of the board. If the administrative offices of the county, excluding
the county executive, are appointive under the plan, the board shall have at least five members. The board shall have a chairperson
who shall be elected by the members of the board from their own number for a term established by ordinance, and who shall
vote as a member of the board. The elected executive may veto ordinances and resolutions, subject to an override by a two-thirds
vote of the board.
331.240 Duties of executive.
The executive shall:
1. Enforce laws, ordinances, and resolutions of the county.
2. Perform duties required by law, ordinance, or resolution of the county.
3. Administer affairs of the county government.
4. Carry out policies established by the board.
5. Recommend measures to the board.
6. Report to the board on the affairs and financial condition of the county government.
7. Execute bonds, notes, contracts, and written obligations of the board, subject to the approval of the board.
8. Report to the board as the board may require.
9. Attend board meetings and take part in discussion, but shall not vote.
10. Prepare and execute the budget adopted by the board.
11. Appoint, with the consent of the board, all members of county boards, except the executive may appoint without the consent
of the board temporary advisory committees established by the executive.
12. Appoint and remove all employees.
331.241 Board-manager form.
1. The board-manager form consists of an elected board and a manager appointed by the board, who shall be the chief administrative
officer of the county government. The board shall have staggered terms of office. The chairperson shall be elected by the
members of the board from their own number for a term established by ordinance and shall vote as a member of the board. If
the administrative offices of the county are appointive under the plan, the board shall have at least five members.
2. The manager shall be appointed by the board and removed only by a majority vote of the membership of the board. The manager
shall be responsible to the board for the administration of all county government affairs placed in the manager’s charge by
law, ordinance, or resolution.
331.242 Duties of manager.
The manager shall:
1. Enforce laws, ordinances, and resolutions.
2. Perform the duties required of the manager by law, ordinance, or resolution.
3. Administer the affairs of the county government.
4. Direct, supervise, and administer all departments, agencies, and offices of the county government unit except as otherwise
provided by law or ordinance.
5. Carry out policies established by the board.
6. Prepare the board agenda.
7. Recommend measures to the board.
8. Report to the board on the affairs and financial condition of the county government.
9. Execute bonds, notes, contracts, and written obligations of the board, subject to the approval of the board.
10. Report to the board as the board may require.
11. Attend board meetings and take part in the discussion, but shall not vote.
12. Prepare and present the budget to the board for its approval and execute the budget adopted by the board.
13. Appoint, suspend, and remove all employees of the county government except as otherwise provided by law or ordinance.
14. Appoint members of temporary advisory committees.
331.243 Employees of board-manager government.
1. Employees appointed by the manager or subordinates shall be administratively responsible to the manager.
2. The board or its members shall not dictate the appointment or removal of any employee appointed by the manager or any subordinate
of the manager.
3. Except for the purpose of inquiry or investigation, the board or its members shall deal with the county employees who are
subject to the direction and supervision of the manager solely through the manager, and the board or its members shall not
give orders to an employee under the manager’s direction or supervision.
AMENDMENT TO COUNTY GOVERNMENT
331.244 Amendment to county government.
1. An amendment to county government organization shall only be made by submitting the question of amendment to the electors
of the county government pursuant to section 331.236. To become effective, a proposed amendment must receive an affirmative vote of a majority of the electors voting on the question.
An amendment approved by the electors becomes effective pursuant to section 331.237.
2. An amendment to a county government organization may be proposed by initiative upon petition of the number of eligible electors
of the county equal to at least ten percent of the votes cast at the preceding election for the office of president of the
United States or governor, or by resolution adopted by the governing body. The question on amendment of county government
organization shall be submitted to the electors as soon as possible after the submission of a petition or adoption of a resolution,
either at a general election or at a special election.
3. This section does not apply to the city-county consolidated form of government or the community commonwealth form of government.
331.245 Limitations on amendments to county government.
1. The electors of a county who have adopted an amendment to county government may not vote on the question of amending the county
government for two years. An amendment shall not include an alternative form of county government.
2. This section does not apply to the city-county consolidated form of government or the community commonwealth form of government.
331.246 Charter form of government.
The charter form of government shall be specified in a proposed charter written by a charter committee. The proposed charter
shall establish an elected legislative body. The charter shall specify the number of members and term of office pursuant to
section 331.238. If the administrative offices of the county, excluding an elected county executive, are appointive under the charter, the
board shall have at least five members. The charter may establish legislative or administrative organizational structure.
The charter may include the provisions necessary to permit an orderly transition to the charter form of government. However,
the provisions shall be limited in scope consistent with the intent of, and in accordance with,
section 331.238.
CITY-COUNTY CONSOLIDATION
331.247 City-county consolidated form.
1. A commission appointed pursuant to section 331.233A may propose a charter under which a county and one or more cities within the county may unite to form a single unit of local
government, or may propose a charter under which a county and one or more cities within the county may create a unified government
empowered to govern a city and a county with each retaining the separate status and power of a city or a county for all purposes
and constituting separate political subdivisions under combined governance. Either option proposed shall be referred to as
a city-county consolidated form of government. If more than fifty percent of the population of a city resides within the affected
county, it is a city within the county for the purposes of this section and may continue its status as a city within the county even if the population of such city falls below the more than fifty
percent threshold in a future census.
2. A majority vote by the charter commission is required for the submission to the electorate of a proposed charter for a city-county
consolidated form of government.
3. A city-county consolidated form of government does not need to include more than one city. A city shall not be included unless
the city participates in the commission process.
4. Adoption of the proposed consolidation charter requires the approval of a majority of the votes cast in the entire county
and requires the approval of a majority of the votes cast in one or more cities named on the ballot. The consolidation charter
shall be effective in regard to a city named on the ballot only if a majority of the votes cast in that city approves the
consolidation charter.
5. An adopted charter takes effect July 1 following the general election at which it is approved unless the charter provides
a later effective date. If the adopted charter calls for a change in the form of government, officers to fill elective offices
created by the charter shall be elected in the general election in the even-numbered year following the adoption of the charter.
6. A city may request to join an existing city-county consolidated government by resolution of the city council or upon petition
of eligible electors of the city equal in number to at least twenty-five percent of the persons who voted at the last regular
city election. Within fifteen days after receiving a valid petition, the city council of the petitioning city shall adopt
a resolution in favor of participation and shall, within ten days of adoption, forward the resolution to the governing body
of the city-county consolidated government. If a majority of the governing body of the city-county consolidated government
approves the resolution, the question of joining the city-county consolidated government shall be submitted to the electorate
of the petitioning city within sixty days after approval of the resolution.
7. a. If a charter is adopted, it may be amended at any time by one of the following methods: (1) The governing body of the city-county consolidated government, by resolution, may submit a proposed amendment to the voters,
and the proposed amendment becomes effective only upon approval by a majority of those voting on the proposed amendment within
the city-county consolidated area.
(2) The governing body of the city-county consolidated government, by ordinance, may amend the charter. However, within thirty
days following publication of the ordinance, if a petition valid under the provisions of section 331.306 is filed with the governing body of the city-county consolidated government, the governing body must submit the charter amendment
to the voters and, in such event, the amendment becomes effective only upon approval of a majority of those voting on the
proposed amendment within the city-county consolidated area.
(3) If a petition valid under the provisions of section 331.306 is filed with the governing body of the city-county consolidated government, proposing an amendment to the charter, the governing
body must submit the proposed amendment to the voters and, in such an event, the amendment becomes effective only upon approval
of a majority of those voting on the proposed amendment within the city-county consolidated area. b. The proposed amendment shall be submitted at the general election. However, if the amendment is proposed pursuant to paragraph
“a”, subparagraph (1), the proposed amendment may be submitted at a special election if the resolution submitting the amendment
to the voters is adopted by a two-thirds majority of the membership of the governing body.
c. (1) If an election is held, the governing body shall submit the question of amending the charter to the electors in substantially
the following form:
Should the amendment described below be adopted for the city-county consolidated charter of (insert name of county and of
each consolidated city)?
(2) The ballot must contain a brief description and summary of the proposed amendment.
d. An amendment shall not adopt an alternative form of county government.
e. Notwithstanding paragraph “b”, if an amendment to a charter proposes to increase or decrease the number of members on the governing body, the amendment
shall be submitted to the voters at a general election.
88 Acts, ch 1229, §19; 91 Acts, ch 256, §19, 20; 2004 Acts, ch 1066, §14, 31; 2010 Acts, ch 1061, §127
331.248 Charter of consolidation.
1. The charter commission proposing a city-county consolidated form of government shall prepare, adopt, and cause to be submitted
to the voters the charter.
2. The charter for a city-county consolidated form of government shall: a. Provide for adjustment of existing bonded indebtedness and other obligations in a manner which will provide for a fair and
equitable burden of taxation for debt service.
b. Provide for establishment of service areas, except that formation of a city-county consolidated form of government shall not
affect the assignment of electric utility service territories pursuant to chapter 476, and shall not affect the rights of a city to grant a franchise under chapter 364.
c. Provide for the transfer or other disposition of property and other rights, claims, assets, and franchises of the county and
each city consolidated under the alternative form.
d. Provide the official name of the city-county consolidated government.
e. Provide for the transfer, reorganization, abolition, absorption, and adjustment of boundaries of all existing boards, bureaus,
commissions, agencies, special districts, and political subdivisions of the city-county consolidated government.
f. Provide for the exercise of home rule power and authority not inconsistent with state law.
g. Provide for a governing body of an odd number of members, not less than five, but which may exceed the number of members specified
in sections 331.201, 331.203, and 331.204. The titles of the members of the governing body shall be determined by the charter.
h. Provide for a representation plan for the governing body which representation plan may differ from the representation plans
provided in section 331.206 and in chapter 372. If the plan calls for representation by districts and the charter has been approved in a county whose population is one
hundred eighty thousand or more, the plan shall be drawn pursuant to section 331.210A, subsection 2, paragraph “f”. The initial representation plan for such a county shall be drawn as provided in section 331.210A, subsection 2, paragraph “f”, within one hundred twenty days after the election at which the charter is approved. For the initial representation plan,
the charter commission shall assume the role of the governing body for purposes of this paragraph and section 331.210A, subsection 2, paragraphs “d” through “f”.
i. Provide for the initial compensation for members of the governing body and for a method of changing the compensation.
3. The charter may grant the legislative body of the consolidated government the authority to transfer, reorganize, and provide
a method for adjusting the boundaries of the entities within the consolidated government.
4. a. The consolidation charter may include other provisions which the commission elects to include and which are not irreconcilable
with state law. These provisions may include but are not limited to the following:
(2) Provide for meetings of the governing body and rules of procedure which may differ from the requirements of section 331.213, except that the meetings shall be scheduled and conducted in compliance with chapter 21.
(3) Provide for combining the duties of elected officials of the county, for eliminating elected offices and the assumption of
the duties of those offices by appointed officials, and for adding to, deleting from, or otherwise changing the duties of
officials, elected or otherwise, of the county and each consolidated city. If the charter provides that one or more elective
offices are combined, the board of supervisors shall appoint one of the elective officers of the combined offices to serve
until new officers have been elected at the general election in the even-numbered year and have qualified for office. If the
charter calls for the elimination of an elective office, that elective officer’s term of office shall expire on the date specified
in the charter.
(4) Provide for the organization of city and county departments, agencies, or boards. The organization plan may provide for the
abolition or consolidation of a department, agency, board, or commission and the assumption of its powers and duties by the
governing body or by another department, agency, board, or commission.
(5) Provide for a method for the governing body or another office to exercise the powers and duties of the township trustees,
in lieu of their election or appointment.
(6) Provide for a chief executive officer, a method of selecting that officer, the compensation for that officer, a method of
changing the compensation, and the powers and duties of that officer.
(7) If the charter provides for a chief executive office, provide for the appointment of a chief executive officer pro tem, the
compensation for that officer, a method of changing the compensation, and the manner in which that officer would exercise
the powers and duties of the chief executive officer.
(8) Provide for the appointment of a city manager, a method for determining and changing the compensation for the city manager,
and the powers and duties of the city manager.
b. This subsection does not apply to the board of trustees of a county hospital or to the board of trustees of a city hospital.
88 Acts, ch 1229, §20; 91 Acts, ch 256, §21, 22; 2004 Acts, ch 1066, §15 – 17, 31; 2010 Acts, ch 1061, §180
331.249 Effect of consolidation.
1. a. A city-county consolidated form of government under which a county and one or more cities within the county unite to form
a single unit of local government shall create a unified government which includes a municipal corporation and a county. The
consolidated unit shall have the separate status of a county and a city for all purposes and shall constitute two political
subdivisions, a consolidated city and a county, under combined governance. The consolidated unit shall retain one separate
constitutional debt limitation with respect to its status as a city and a separate constitutional debt limitation with respect
to its status as a county. b. The governing body of a city-county consolidated form of government under which a county and one or more cities within the
county create a unified government empowered to govern a city and a county shall have, with respect to the county, the power
and authority of the board of supervisors of a county, and, with respect to each city, the power and authority of the city
council of a city. Each consolidated city and the county constitute separate political subdivisions. Each consolidated city
and the county shall each retain a separate constitutional debt limitation and shall each have the authority to issue bonds
and incur financial obligations in accordance with the provisions of state law applicable to a city or a county, respectively.
2. a. The city-county consolidated form of government may include an area which is located in another county, but which is within
the corporate boundaries of one of the consolidated cities. Services may be provided in the extra-county area and taxes to
fund those services may be collected in the extra-county area by the consolidated government, to the extent permitted by the
Constitution of the State of Iowa. In addition to the right to vote in the county of residence, electors residing in the extra-county
area shall have the right to vote on any matter related to the city-county consolidated government, including election of
its governing body and its chief executive officer, if any. b. If a city-county consolidation charter is proposed, within ninety days following the final report of the commission, a resident
or property owner of the commission area proposed to be consolidated may bring an action in district court for declaratory
judgment to determine the legality of the proposed charter and to otherwise declare the effect of the charter. The court shall
expedite its review and determination in this matter. The referendum on the proposed charter shall be stayed during pendency
of the action and for such additional time during which the proposed charter or its enabling legislation does not conform
to the Constitution or laws of the State of Iowa. If in its final judgment the court determines that the proposed charter
fails to conform to the Constitution or laws of this state, the commission shall have a period of six months in which to revise
and resubmit the proposed charter.
3. All provisions of law authorizing contributions of any kind, in money or otherwise, from the state or federal government to
counties and cities shall remain in full force with respect to each city and the county comprising a city-county consolidated
government.
4. The adoption of a charter for a city-county consolidated government does not alter any right or liability of the county or
consolidated city in effect at the time of the election at which the charter was adopted.
5. All departments and agencies of the county and of each consolidated city shall continue to operate until their authority to
operate is superseded by action of the governing body.
6. Upon the effective date of the adopted charter, the county and each participating city shall adopt the city-county consolidated
form of government by ordinance, and shall file a copy with the secretary of state and maintain available copies for public
inspection. The county shall provide each participating city with a copy of the county’s ordinance. Each participating city
shall provide a copy of that city’s ordinance to the county and to the other participating cities.
7. a. Members of the governing body of the county shall continue in office after the effective date of the charter until the members
of the governing body and the chief executive officer, if any, of the city-county consolidated government have been elected
and qualified, at which time the offices of the former governing body of the county shall be abolished and the terms of the
members of the former governing body shall be terminated. Members of the governing body and the mayor of each consolidated
city shall continue in office after the effective date of the charter until the members of the governing body of the city-county
consolidated government and the chief executive officer, if any, have been elected and qualified, at which time the office
of mayor and of the former governing body of each consolidated city shall be abolished and the term of the members of each
governing body and the term of each mayor shall be terminated. b. During the period between the effective date of the charter and the election and qualification of the members of the governing
body of the city-county consolidated government and the election and qualification of the chief executive officer, if any,
the former governing bodies of the county and each city and the mayor of each city shall continue to exercise the power of,
and to perform the duties for, their respective county and city. The charter shall provide that these incumbent officers assist
in planning and carrying out the transition to the city-county consolidated form of government. The board of supervisors shall
include in its budget for the fiscal year in which the charter becomes effective funds sufficient to provide for the operating
expenses of a transition committee and for expenses incurred in initially establishing districts if the charter provides for
representation by districts and for salaries for newly elected officers of the city-county consolidated government, after
consultation with the transition committee.
8. If a city-county consolidation charter is submitted to the electorate but is not adopted, another charter shall not be submitted
to the electorate for at least two years from the date of the election at which the charter was rejected. If a city-county
consolidation charter is adopted, a proposed charter for another alternative form of county government shall not be submitted
to the electorate for at least six years from the date of the election at which the charter was adopted.
88 Acts, ch 1229, §21; 91 Acts, ch 256, §23, 24; 2004 Acts, ch 1066, §18, 31; 2010 Acts, ch 1061, §180
331.250 General powers of consolidated local governments.
The consolidation charter shall provide for the delivery of services to specified areas of the county and of each consolidated
city. The governing body of the consolidated government shall supervise the administration of the provision of services in
each of the designated service areas and shall have the authority to determine the boundaries of the service areas. For each
service provided by the consolidated government, the consolidated government shall assume the same statutory rights, powers,
and duties relating to the provision of the service as if the county or the member city were itself providing the service
to its citizens.
331.251 Rules, ordinances, and resolutions of consolidated government.
1. Each rule, ordinance, or resolution in force within a county or within a city on the effective date of the charter shall remain
in force within that county or within that city until superseded by action of the new governing body, unless the rule, ordinance,
or resolution is in conflict with a provision of the charter, in which case, the charter provision shall supersede the conflicting
rule, ordinance, or resolution. The governing body of a participating city or county in office on the effective date of the
charter shall retain its powers to adopt motions, resolutions, or ordinances provided that such motions, resolutions, or ordinances
do not conflict with the provisions of the charter. Ordinances and resolutions relating to public improvements to be paid
for in whole or in part by special assessments shall remain in effect until paid in full.
2. If a charter creating a city-county consolidated form of government provides for a chief executive officer with the power
to veto an ordinance, an amendment to an ordinance, or a resolution, the governing body shall adopt legislation in accordance
with the provisions of chapter 380. If a charter creating a city-county consolidated form of government does not provide for a chief executive officer, the
governing body shall adopt legislation in accordance with the provisions of section 331.302. However, a charter may provide that approval of certain ordinances, amendments, or resolutions shall require the affirmative
vote of more than a majority of all members of the governing body.
331.252 Form of ballot — city-county consolidation.
1. The question of city-county consolidation shall be submitted to the electors in substantially the following form:
Should the charter described below be adopted for (insert name of county and each city proposing to consolidate)?
2. The ballot must contain a brief description and summary of the proposed charter.
MULTICOUNTY CONSOLIDATION
331.253 Requirements for multicounty government consolidation.
1. Consolidation may be placed on the ballot only by a joint report by two or more counties.
2. A final report must contain a consolidation charter if multicounty consolidation is recommended. The consolidation charter
must conform to the provisions and requirements in accordance with this part.
331.254 Charter of consolidation.
1. When multicounty consolidation is recommended, the consolidation charter shall provide for all of the following: a. Adjustment of existing bonded indebtedness and other obligations in a manner which assures a fair and equitable burden of
taxation for debt service.
b. Establishment of subordinate service districts.
c. The transfer or other disposition of property and other rights, claims, assets, and franchises of the counties consolidated
under the charter.
d. The official name of the consolidated county.
e. The transfer, reorganization, abolition, absorption, and adjustment of boundaries of existing boards, subordinate service
districts, local improvement districts, and agencies of the consolidated counties.
f. The merger of the elective offices of each consolidating county with the election of new officers within sixty days after
the effective date of the charter. The elections shall be conducted by the county commissioner of elections of each county.
No primary election shall be held. Nominations shall be made pursuant to section 43.78 and chapters 44 and 45, as applicable, except that the filing deadline shall be forty days before the election.
g. The merger of the appointive offices of each consolidating county.
2. The consolidation charter may include other provisions that are not inconsistent with state law.
88 Acts, ch 1229, §26; 91 Acts, ch 256, §28, 29; 94 Acts, ch 1180, §47; 2004 Acts, ch 1066, §22, 23, 31; 2010 Acts, ch 1061, §180
331.255 Form of ballot — multicounty consolidation.
1. The question of multicounty consolidation shall be submitted to the electors in substantially the following form:
Should the consolidation charter described below be adopted for (name of applicable county)?
2. The ballot must contain a brief description and summary of the proposed charter.
331.256 Joining existing multicounty consolidated government.
A county may join an existing multicounty consolidated government by resolution of the board of supervisors or upon petition
of eligible electors of the county equal in number to at least twenty-five percent of the persons who voted at the last general
election for the office of governor or president of the United States, whichever is fewer. Within fifteen days after receiving
a valid petition, the board of the petitioning county shall adopt a resolution in favor of participation and shall immediately
forward the resolution to the legislative body of the multicounty consolidated government. If a majority of the multicounty
consolidated board of supervisors approves the resolution, the question of joining the multicounty consolidated government
shall be submitted to the electorate of the petitioning county within sixty days after approval of the resolution.
331.257 Recognition of change in boundaries by general assembly.
If a charter for multicounty consolidation is adopted pursuant to
section 331.255 or if the question of joining a multicounty consolidated government is approved pursuant to
section 331.256, the general assembly next convening following the election required by
section 331.255 or
331.256 shall pass legislation recognizing the change in boundaries of the counties where the question of multicounty consolidation
was approved. The boundaries recognized in the legislation shall conform to the boundaries contained in the consolidation
charter. The legislation shall contain the official name of the consolidated county as that name is given in the consolidation
charter.
331.258 and 331.259 Reserved.
331.260 Community commonwealth.
1. A county and one or more cities or townships within the county, a contiguous county, and a city or a township within a contiguous
county may unite to establish an alternative form of local government for the purpose of making more efficient use of their
resources by providing for the delivery of regional services.
2. a. A charter proposing a community commonwealth as an alternative form of government may be submitted to the voters only by a
commission established under section 331.232. A majority vote by the commission is required for the submission of a charter proposing a community commonwealth as an alternative
form of local government. The commission submitting a community commonwealth form of government shall issue a final report
and proposal. Adoption of the proposed community commonwealth charter requires the approval of a majority of the votes cast
in the entire county and requires the approval of a majority of the votes cast in one or more cities named on the ballot.
A city named on the ballot is included in the community commonwealth only if the proposed community commonwealth charter is
approved by a majority of the votes cast in the city. b. The question of forming a community commonwealth shall be submitted to the electorate in substantially the same form as provided
in section 331.252. The effective date of the charter and election of new officers of the community commonwealth shall be as provided in section 331.247, subsection 5.
331.261 Charter — community commonwealth.
1. The community commonwealth charter shall provide for the following: a. The official name of the community commonwealth government.
d. Adjustment of existing bonded indebtedness and other obligations to the extent it relates to the delivery of services.
e. The transfer or other disposition of property and other rights, claims, assets, and franchises as they relate to the delivery
of services.
f. The transfer, reorganization, abolition, adjustment, and absorption of existing boards, existing subordinate service districts,
local improvement districts, and agencies of the participating county and cities.
g. A system of delivery of services to the entire community commonwealth pursuant to section 331.263.
h. A formula for the transfer of taxing authority from member cities to the community commonwealth governing body to fund the
delivery of regional services.
i. The transfer into the community commonwealth of areawide services which had been provided by other boards, commissions, and
local governments, except that formation of a community commonwealth shall not affect the assignment of electric utility service
territories pursuant to chapter 476, and shall not affect the rights of a city to grant a franchise under chapter 364.
j. A process by which the governing body of the community commonwealth and the governing bodies of the member cities provide
by mutual agreement for the delivery of specified services to the community commonwealth.
k. The partisan election of community commonwealth government officials.
2. The community commonwealth charter may include other provisions which the commission elects to include and which are not irreconcilable
with state law, including, but not limited to, those provisions in section 331.248, subsection 4.
331.262 Adoption of charter — effect.
1. a. As a political subdivision of the state, the community commonwealth unit of local government shall have the statutory and
constitutional status of a county and of a city to the extent the community commonwealth governing body assumes the powers
and duties of cities as those powers and duties relate to the delivery of services. For each service provided by the community
commonwealth, the community commonwealth shall assume the same statutory rights, powers, and duties relating to the provision
of the service as if the member city were itself providing the service to its citizens. b. On its effective date, the community commonwealth charter operates to replace the existing county government structure. The
governments of participating cities shall remain in existence to render those services not transferred to the community commonwealth
government.
2. The adoption of the community commonwealth form of government does not alter any right or liability of the county or member
city in effect at the time of the election at which the charter was adopted.
3. All departments and agencies of the county and of each member city shall continue to operate until their authority to operate
is superseded by action of the governing body.
4. All ordinances or resolutions in effect remain effective until amended or repealed, unless they are irreconcilable with the
adopted charter.
5. Upon the effective date of the adopted charter, the county shall adopt the community commonwealth form of government by ordinance,
and shall file a copy with the secretary of state and maintain available copies for public inspection.
6. Members of the governing body of the county and of each member city shall continue in office until the members of the governing
body of the community commonwealth have been elected and sworn into office, at which time the offices of the former governing
bodies shall be abolished, and the terms of the members of the former governing bodies shall be terminated. During the period
between the effective date of the charter and the election and qualification of the elected members of the new governing body,
the former governing bodies of each member city and of the county shall continue to perform their duties and shall assist
in planning the transition to the community commonwealth form of government.
7. If a community commonwealth charter is submitted to the electorate but is not adopted, another charter shall not be submitted
to the electorate for at least two years from the date of the election at which the charter was rejected. If a community commonwealth
charter is adopted, a proposed charter for another alternative form of county government shall not be submitted to the electorate
for at least six years from the date of the election at which the charter was adopted.
8. If a community commonwealth charter is adopted, the charter may be amended at any time. The charter shall be amended in the
manner provided in section 331.247, subsection 7.
9. a. A city or county wishing to terminate its membership in the community commonwealth government must do so pursuant to the existing
charter procedure under this chapter or chapter 372, whichever is applicable. b. A city or county may join an existing community commonwealth government by resolution of the board or council, whichever is
applicable, or upon petition of eligible electors of the city or county, whichever is applicable, equal in number to at least
twenty-five percent of the persons who voted at the last general election for the office of governor or president of the United
States, whichever is fewer. Within fifteen days after receiving a valid petition, the applicable governing body shall adopt
a resolution in favor of participation and shall immediately forward the resolution to the governing body of the community
commonwealth. If a majority of the community commonwealth governing body approves the resolution, the question of joining
the community commonwealth shall be submitted to the electorate of the petitioning city or county within sixty days after
approval of the resolution.
331.263 Service delivery.
1. The governing body of the community commonwealth government shall administer the provision of services in each of the designated
service areas and shall have the authority to determine the boundaries of the service areas.
2. The governing body of the community commonwealth shall have the authority to levy county taxes and shall have the authority
to levy city taxes to the extent the city tax levy authority is transferred by the charter to the community commonwealth.
A city participating in the community commonwealth shall transfer a portion of the city’s tax levy authorized under section 384.1 or 384.12, whichever is applicable, to the governing body of the community commonwealth. The maximum rates of taxes authorized to be
levied under sections 384.1 and 384.12 by a city participating in the community commonwealth shall be reduced by an amount equal to the rates of the same or similar
taxes levied in the city by the governing body of the community commonwealth.
331.264 through 331.300 Reserved.