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