House File 335 - Introduced HOUSE FILE 335 BY GASSMAN and SHEETS A BILL FOR An Act relating to county compensation boards by requiring that 1 members of the board be elected and that the board review 2 benefits paid to certain comparable officers. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2070YH (4) 86 aw/sc

H.F. 335 Section 1. Section 331.321, subsection 1, paragraph l, Code 1 2015, is amended by striking the paragraph. 2 Sec. 2. Section 331.905, subsections 1 and 2, Code 2015, 3 are amended by striking the subsections and inserting in lieu 4 thereof the following: 5 1. The county compensation board shall consist of seven 6 members elected on a nonpartisan basis at the general election 7 for staggered four-year terms commencing on the first day 8 of January that is not a Sunday or holiday following their 9 election. Any eligible elector residing in the county is 10 eligible to the office of board member. If a member is absent 11 for sixty percent or more of monthly meetings during any 12 twelve-month period, the other members by their unanimous 13 vote may declare the member’s office vacant. A vacancy in 14 the office of board member shall be filled by appointment by 15 the remaining members of the board until the next succeeding 16 general election, at which time the balance of the unexpired 17 term shall be filled as provided by section 69.12. 18 2. At each general election, a successor shall be chosen 19 for each board member whose term will expire in the succeeding 20 January. 21 a. Nomination of candidates for the office of board member 22 shall be made by petition in accordance with chapter 45, except 23 that each candidate’s nominating petition shall be signed by 24 at least twenty-five eligible electors of the county. The 25 petition form shall be furnished by the county commissioner of 26 elections. 27 b. Every candidate shall file with the nomination papers 28 an affidavit stating the candidate’s name, the candidate’s 29 residence, that the person is a candidate and is eligible for 30 the office of board member, and that if elected the candidate 31 will qualify for the office. The affidavit shall also state 32 that the candidate is aware that the candidate is disqualified 33 from holding office if the candidate has been convicted of a 34 felony or an infamous crime and the candidate’s rights have not 35 -1- LSB 2070YH (4) 86 aw/sc 1/ 3

H.F. 335 been restored by the governor or by the president of the United 1 States. 2 c. The signed petitions shall be filed with the county 3 commissioner of elections not later than 5:00 p.m. on the 4 sixty-ninth day before the general election. 5 d. The votes for the office of board member shall be 6 canvassed in the same manner as the votes for county officers, 7 and the returns shall be certified to the county board of 8 supervisors. A plurality is sufficient to elect board members, 9 and a primary election for the office shall not be held. 10 Sec. 3. Section 331.907, subsection 1, Code 2015, is amended 11 to read as follows: 12 1. The annual compensation of the auditor, treasurer, 13 recorder, sheriff, county attorney, and supervisors shall 14 be determined as provided in this section . The county 15 compensation board annually shall review the compensation 16 and benefits paid to comparable officers in other counties 17 of this state, other states, private enterprise, and the 18 federal government. In setting the salary of the county 19 sheriff, the county compensation board shall consider setting 20 the sheriff’s salary so that it is comparable to salaries 21 paid to professional law enforcement administrators and 22 command officers of the state patrol, the division of criminal 23 investigation of the department of public safety, and city 24 police agencies in this state. The county compensation board 25 shall prepare a compensation and benefits schedule for the 26 elective county officers for the succeeding fiscal year. A 27 recommended compensation and benefits schedule requires a 28 majority vote of the membership of the county compensation 29 board. 30 Sec. 4. TRANSITION PROVISIONS. 31 1. Membership terms of all county compensation board 32 members serving on the effective date of this Act shall expire 33 on December 31, 2016. 34 2. In each county, the canvass following the general 35 -2- LSB 2070YH (4) 86 aw/sc 2/ 3

H.F. 335 election held in 2016 shall declare that the four candidates 1 receiving the highest, second highest, third highest, and 2 fourth highest number of votes are elected to serve four-year 3 terms and those offices shall next appear on the ballot at the 4 general election held in 2020. In each county, the canvass 5 following the general election held in 2016 shall also declare 6 that the three candidates receiving the fifth highest, sixth 7 highest, and seventh highest number of votes shall serve 8 initial two-year terms, and those offices shall next appear on 9 the ballot at the general election held in 2018. 10 EXPLANATION 11 The inclusion of this explanation does not constitute agreement with 12 the explanation’s substance by the members of the general assembly. 13 This bill relates to county compensation boards by requiring 14 that members of the county compensation board be elected and 15 that the board review benefits paid to comparable officers. 16 Under current law, members of the county compensation board 17 are appointed by the board of supervisors, county auditor, 18 county attorney, county recorder, county treasurer, and county 19 sheriff, with the board of supervisors appointing two members. 20 The bill provides for the election of the seven-member county 21 compensation board to four-year staggered terms. The bill 22 makes provisions related to qualification and elections 23 administration, and includes transition provisions. 24 Under current law, the county compensation board, in 25 making recommendations for the compensation of elected county 26 officers, is required to annually review the compensation paid 27 to comparable officers in other counties of this state, other 28 states, private enterprise, and the federal government. The 29 bill requires that the board also review the benefits paid to 30 such comparable officers. 31 -3- LSB 2070YH (4) 86 aw/sc 3/ 3