SF 167 (LSB 1650SV (3) 86)

SENATE FILE 167

BY  COMMITTEE ON LOCAL GOVERNMENT

(SUCCESSOR TO SSB 1084)

A BILL FOR

An Act related to the compensation of elective county officers.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 331.324, subsection 1, paragraph m, Code 2015, is amended to read as follows:
   m.  (1)  Provide a deferred compensation program for any employee, in accordance with section 509A.12.
   (2)  In relation to deferred compensation for elective county officers, the board shall annually adopt by resolution a limit on the amount of money that is not matched by an elective county officer that a county may contribute to the deferred compensation program during the calendar year next following adoption of the resolution. Before adopting the resolution, the board shall consider the recommended limit prepared by the county compensation board pursuant to section 331.907, subsection 1, paragraph “b”.
    Sec. 2.  Section 331.401, Code 2015, is amended by adding the following new subsections:
   NEW SUBSECTION.  4.  The board shall not approve for payment a separation allowance or severance pay or compensation in any form that is based upon length of service to the auditor, treasurer, recorder, sheriff, or county attorney or to a supervisor.
   NEW SUBSECTION.  5.  The board shall not approve combining and paying in the aggregate any compensation, other than annual salary, to the auditor, treasurer, recorder, sheriff, or county attorney or to a supervisor.
    Sec. 3.  Section 331.434, subsection 5, Code 2015, is amended to read as follows:
   5.  a.  After the hearing, the board shall adopt by resolution a budget and certificate of taxes for the next fiscal year and shall direct the auditor to properly certify and file the budget and certificate of taxes as adopted. The board shall not adopt a tax in excess of the estimate published, except a tax which is approved by a vote of the people, and a greater tax than that adopted shall not be levied or collected. A county budget and certificate of taxes adopted for the following fiscal year becomes effective on the first day of that year.
   b.  If the budget to be approved pursuant to paragraph “a” contains an increase in compensation from the county budget for the prior fiscal year for one or more elective county offices, the board shall first adopt a separate resolution to approve the increase for inclusion in the budget.
    Sec. 4.  Section 331.907, subsection 1, Code 2015, is amended to read as follows:
   1.  a.  The annual compensation of the auditor, treasurer, recorder, sheriff, county attorney, and supervisors shall be determined as provided in this section. The county compensation board annually shall review the compensation paid to comparable officers in other counties of this state, other states, private enterprise, and the federal government. In setting the salary of the county sheriff, the county compensation board shall consider setting the sheriff’s salary so that it is comparable to salaries paid to professional law enforcement administrators and command officers of the state patrol, the division of criminal investigation of the department of public safety, and city police agencies in this state.
   b.  The county compensation board shall annually prepare a recommended compensation schedule for the elective county officers for the succeeding fiscal year. A recommended compensation schedule requires a majority vote of the membership of the county compensation board.  The county compensation board shall also annually prepare a recommended limit on the amount of money that the county may contribute as deferred compensation for elective county officers that is not matched by the elective county officers, as provided in section 331.324, subsection 1, paragraph “m”, during the next following calendar year for inclusion in the recommended compensation schedule. Adoption of a recommended compensation schedule and a recommended limit under this paragraph require separate majority votes of the membership of the county compensation board.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill relates to the compensation of elective county officers.
   The bill requires that the county compensation board annually prepare a recommended limit on the amount of money that the county may contribute in deferred compensation to an elective county officer during the following calendar year for inclusion in the county compensation board’s recommended compensation schedule. The recommended limit is required to be approved by a separate majority vote of the county compensation board. The bill also requires that the county board of supervisors annually adopt a resolution to set a contribution limit.
   The bill also prohibits the board of supervisors from approving payment of a separation allowance or severance pay or compensation in any form that is based upon length of service to the auditor, treasurer, recorder, sheriff, or county attorney or to a supervisor. The bill further prohibits the board of supervisors from approving combining and paying in the aggregate any compensation, other than annual salary, to the auditor, treasurer, recorder, sheriff, or county attorney or to a supervisor.
   The bill also requires that the board of supervisors adopt a separate resolution if the board seeks to approve for inclusion in the county budget an increase in compensation for one or more elective county offices when compared to the prior fiscal year.