House File 2156 - Introduced
HOUSE FILE
BY DRAKE
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to filling vacancies in certain county and city
2 offices.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5000HH 81
5 sc/sh/8
PAG LIN
1 1 Section 1. Section 69.8, subsection 4, Code 2005, is
1 2 amended to read as follows:
1 3 4. BOARD OF SUPERVISORS. In the membership of the board
1 4 of supervisors, by the treasurer, auditor, and recorder, or as
1 5 provided in section 69.14A. If The county attorney and the
1 6 county sheriff, respectively, shall serve on this committee if
1 7 any of these offices have been abolished through
1 8 consolidation, the county attorney shall serve on this
1 9 committee or are otherwise vacant.
1 10 Sec. 2. Section 69.14A, subsection 1, Code 2005, is
1 11 amended by adding the following new paragraph:
1 12 NEW PARAGRAPH. c. If a vacancy exists in the office of
1 13 two or more of the appointing authorities listed in section
1 14 69.8 so that a three=member appointment committee cannot be
1 15 formed and concurrent vacancies exist on the board such that
1 16 the remaining supervisors do not constitute a quorum of the
1 17 full membership, the mayors of the cities in the county shall
1 18 appoint a successor to each vacant supervisor office. If the
1 19 county is divided into districts, the appointee must be a
1 20 resident of the district in which the supervisor vacancy has
1 21 occurred. The appointee shall serve until qualification of
1 22 the person elected at the next pending election as defined in
1 23 section 69.12. An appointment made under this paragraph is
1 24 not subject to petition for a special election.
1 25 Sec. 3. Section 331.322, subsection 3, Code 2005, is
1 26 amended to read as follows:
1 27 3. Fill vacancies in county offices in accordance with
1 28 sections 69.8 to 69.14A, unless a special election is called
1 29 pursuant to section 69.14A; fill vacancies on city councils in
1 30 accordance with section 372.13; and make appointments in
1 31 accordance with section 69.16 unless a special election is
1 32 called pursuant to section 69.14A.
1 33 Sec. 4. Section 331.506, Code Supplement 2005, is amended
1 34 by adding the following new subsection:
1 35 NEW SUBSECTION. 4A. If concurrent vacancies exist on the
2 1 board and the remaining supervisors do not constitute a quorum
2 2 of the full membership, the auditor shall issue warrants to
2 3 pay bills, salaries, and compensation described in subsection
2 4 3 without the need for the board resolution required in
2 5 subsection 3. The bills paid under this subsection shall be
2 6 submitted to the board for review and approval at the next
2 7 regular meeting following payment in which a quorum of the
2 8 board is present.
2 9 Sec. 5. Section 372.13, subsection 2, paragraph a,
2 10 unnumbered paragraph 1, Code 2005, is amended to read as
2 11 follows:
2 12 By appointment by the remaining members of the council,
2 13 except that if the remaining members do not constitute a
2 14 quorum of the full membership, paragraph paragraphs "b" and
2 15 "c" shall be followed. The appointment shall be for the
2 16 period until the next pending election as defined in section
2 17 69.12, and shall be made within forty days after the vacancy
2 18 occurs. If the council chooses to proceed under this
2 19 paragraph, it shall publish notice in the manner prescribed by
2 20 section 362.3, stating that the council intends to fill the
2 21 vacancy by appointment but that the electors of the city or
2 22 ward, as the case may be, have the right to file a petition
2 23 requiring that the vacancy be filled by a special election.
2 24 The council may publish notice in advance if an elected
2 25 official submits a resignation to take effect at a future
2 26 date. The council may make an appointment to fill the vacancy
2 27 after the notice is published or after the vacancy occurs,
2 28 whichever is later. However, if within fourteen days after
2 29 publication of the notice or within fourteen days after the
2 30 appointment is made, there is filed with the city clerk a
2 31 petition which requests a special election to fill the
2 32 vacancy, an appointment to fill the vacancy is temporary and
2 33 the council shall call a special election to fill the vacancy
2 34 permanently, under paragraph "b". The number of signatures of
2 35 eligible electors of a city for a valid petition shall be
3 1 determined as follows:
3 2 Sec. 6. Section 372.13, subsection 2, Code 2005, is
3 3 amended by adding the following new paragraph:
3 4 NEW PARAGRAPH. c. If concurrent vacancies exist on the
3 5 council and the remaining council members do not constitute a
3 6 quorum of the full membership, the city clerk shall notify the
3 7 board of supervisors of the county where the city is located
3 8 and the board shall, at a regularly scheduled meeting of the
3 9 board held within twenty days of notification, appoint a
3 10 successor to each vacant city council office. If the city is
3 11 divided into wards, the appointee must be a resident of the
3 12 ward in which the city council vacancy has occurred. The
3 13 appointee shall serve until qualification of the person
3 14 elected at the special election provided for in paragraph "b".
3 15 If the office of city clerk is vacant, the remaining council
3 16 members shall notify the board of supervisors of the city
3 17 council vacancies.
3 18 Sec. 7. NEW SECTION. 372.13A PAYMENTS WITHOUT PRIOR
3 19 AUTHORIZATION OF COUNCIL.
3 20 1. If concurrent vacancies exist on the council and the
3 21 remaining council members do not constitute a quorum of the
3 22 full membership, the city clerk is authorized to make the
3 23 following payments without prior approval of the council:
3 24 a. For fixed charges including, but not limited to,
3 25 freight, express, postage, water, light, telephone service, or
3 26 contractual services, after a bill is filed with the clerk.
3 27 b. For salaries and payrolls if the compensation has been
3 28 fixed or approved by the council. The salary or payroll shall
3 29 be certified by the officer or supervisor under whose
3 30 direction or supervision the compensation is earned.
3 31 2. The bills paid under this section shall be submitted to
3 32 the city council for review and approval at the next regular
3 33 meeting following payment in which a quorum of the council is
3 34 present.
3 35 EXPLANATION
4 1 This bill makes changes relating to vacancies in certain
4 2 county and city offices.
4 3 The bill provides that vacancies on the supervisor vacancy
4 4 appointment committee shall be filled by the county attorney
4 5 and the county sheriff, respectively.
4 6 The bill provides that if there are concurrent vacancies on
4 7 the board of supervisors such that there is not a quorum of
4 8 the full membership and there is also a vacancy in two or more
4 9 of the county offices which comprise the supervisor vacancy
4 10 appointment committee so that a three=member appointment
4 11 committee cannot be formed, then the vacancies on the board of
4 12 supervisors shall be filled by appointment by the mayors of
4 13 the cities in the county. The appointees are to serve until
4 14 supervisors are elected at the next pending election and
4 15 qualify.
4 16 The bill provides that if, because of vacancies, the board
4 17 of supervisors lacks a quorum to conduct business, the county
4 18 auditor is authorized to pay certain bills and to pay employee
4 19 compensation without prior approval of the board of
4 20 supervisors.
4 21 The bill provides that if there are concurrent vacancies on
4 22 the council and the remaining members do not constitute a
4 23 quorum of the full membership, the city clerk or the remaining
4 24 members shall notify the board of supervisors, and the board
4 25 shall fill the vacancies by appointment within 20 days of
4 26 notification. The appointees shall serve until council
4 27 members are elected at special election and qualify.
4 28 The bill provides that if, because of vacancies, the city
4 29 council lacks a quorum to conduct business, the city clerk is
4 30 authorized to pay certain bills and to pay employee
4 31 compensation without prior approval of the city council.
4 32 LSB 5000HH 81
4 33 sc:rj/sh/8.1