H.F. 2027 Section 1. Section 388.3, Code 2018, is amended to read as 1 follows: 2 388.3 Procedure upon approval. 3 1. If a proposal to establish a utility board receives 4 a favorable majority vote, the mayor shall appoint the board 5 members, as provided in the proposal, subject to the approval 6 of the council. The council shall by resolution provide for 7 staggered six-year terms for, and shall set the compensation 8 of, board members. 9 2. A board member appointed to fill a vacancy occurring by 10 reason other than the expiration of a term is appointed for the 11 balance of the unexpired term. 12 3. A public officer or a salaried employee of the city may 13 not serve on a utility board. 14 4. Notwithstanding any provision of law to the contrary, the 15 council may by ordinance or resolution increase the number of 16 members on a utility board from three members to five members. 17 Upon the adoption of such ordinance or resolution, vacancies 18 shall be filled pursuant to subsection 1. 19 EXPLANATION 20 The inclusion of this explanation does not constitute agreement with 21 the explanation’s substance by the members of the general assembly. 22 Current law allows a city to propose the establishment of 23 a utility board, subject to the approval of the voters of 24 the city, with either three or five members. If a proposal 25 receives a favorable majority vote, the mayor shall appoint the 26 board members as provided in the proposal. This bill provides 27 that notwithstanding any provision of law to the contrary, 28 a city council may by ordinance or resolution increase the 29 number of members on a utility board from three members to five 30 members. Upon the adoption of such ordinance or resolution, 31 vacant positions shall be filled pursuant to Code section 32 388.3(1). 33 -1- LSB 5531HH (1) 87 gh/rn 1/ 1