House File 2240 - Introduced
HOUSE FILE
BY COMMITTEE ON LOCAL GOVERNMENT
(SUCCESSOR TO HSB 518)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to county board of supervisor vacancies.
2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
3 TLSB 5601HV 81
4 eg/sh/8
PAG LIN
1 1 Section 1. Section 331.214, Code 2005, is amended to read
1 2 as follows:
1 3 331.214 VACANCY OF SUPERVISOR'S OFFICE.
1 4 1. In addition to the The circumstances which constitute a
1 5 vacancy in office under section 69.2, the absence of a
1 6 supervisor from the county for sixty consecutive days shall be
1 7 treated as a resignation of the office. At its next meeting
1 8 after the sixty=day absence, the board, by resolution adopted
1 9 and included in its minutes, shall declare the absent
1 10 supervisor's seat vacant.
1 11 2. a. If the physical or mental status of a supervisor is
1 12 in question, the board shall decide whether a vacancy exists.
1 13 The board shall comply with the notice and hearing
1 14 requirements of section 69.2, subsection 2. After a hearing,
1 15 the board, by resolution adopted and included in its minutes,
1 16 may declare the supervisor's seat vacant if the board
1 17 determines either of the following:
1 18 (1) That the supervisor is physically or mentally
1 19 incapable of performing the duties of office and there is
1 20 reasonable cause to believe that the supervisor will not be
1 21 able to perform the duties of office for the remainder of the
1 22 supervisor's term. To make this determination, the board
1 23 shall appoint two physicians to examine the supervisor and
1 24 receive the report of the physicians as evidence at the
1 25 hearing. The board may only declare the supervisor's seat
1 26 vacant if both physicians concur that the supervisor is
1 27 physically or mentally incapable of performing the duties of
1 28 office and there is reasonable cause to believe that the
1 29 supervisor will not be able to perform the duties of office
1 30 for the remainder of the supervisor's term.
1 31 (2) That the supervisor refuses or is unavailable for the
1 32 examination required in subparagraph (1).
1 33 b. A supervisor whose seat is declared vacant under this
1 34 subsection may appeal the board's decision to the district
1 35 court.
2 1 EXPLANATION
2 2 This bill addresses vacancies that may occur in the county
2 3 board of supervisors. The bill makes Code section 331.214
2 4 relating to a supervisor vacancy consistent with Code section
2 5 69.2 that applies to any vacancy in public office. The bill
2 6 also requires that if the physical or mental status of a
2 7 supervisor is in question, a county board of supervisors must
2 8 decide whether a vacancy exists. To declare a vacancy, the
2 9 board must follow notice and hearing procedures set forth in
2 10 Code section 69.2, appoint two physicians to examine the
2 11 supervisor, and if the two physicians concur that the
2 12 supervisor is incapable of performing the duties of office and
2 13 probably will be incapable for the remainder of the
2 14 supervisor's term, the board may declare a vacancy. If a
2 15 supervisor refuses or is unavailable for examination, the
2 16 board may, after notice and hearing, declare the supervisor's
2 17 seat vacant. A supervisor may appeal a board's decision to
2 18 the district court.
2 19 LSB 5601HV 81
2 20 eg:rj/sh/8