House File 390 - Introduced HOUSE FILE 390 BY MAXWELL A BILL FOR An Act requiring the appointment of alternate members of 1 county boards of adjustment, and including effective date 2 provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2176YH (4) 87 aw/nh
H.F. 390 Section 1. Section 335.11, Code 2017, is amended to read as 1 follows: 2 335.11 Membership of board. 3 1. The board of adjustment shall consist of five members, a 4 majority of whom shall reside within the county but outside the 5 corporate limits of any city, each to be appointed for a term 6 of five years, excepting that when the board shall is first 7 be created one member shall be appointed for a term of five 8 years, one for a term of four years, one for a term of three 9 years, one for a term of two years, and one for a term of one 10 year. Members shall be removable for cause by the appointing 11 authority upon written charges and after public hearing. 12 Vacancies shall be filled for the unexpired term of any member 13 whose term position becomes vacant. 14 2. The supervisors shall provide for the appointment of 15 first and second alternate members to the board of adjustment, 16 to serve staggered five-year terms. An alternate member of 17 the board of adjustment shall attend meetings of the board of 18 adjustment, and the first alternate member shall serve as a 19 member of the board of adjustment on a temporary basis whenever 20 one of the regular members of the board of adjustment does 21 not participate in a vote of the board of adjustment. The 22 second alternate member shall serve as a member of the board 23 of adjustment on a temporary basis whenever two of the regular 24 members of the board of adjustment do not participate in a 25 vote of the board of adjustment or whenever one of the regular 26 members and the first alternate member do not participate in a 27 vote of the board of adjustment. 28 Sec. 2. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 29 immediate importance, takes effect upon enactment. 30 EXPLANATION 31 The inclusion of this explanation does not constitute agreement with 32 the explanation’s substance by the members of the general assembly. 33 This bill requires the board of supervisors in each county 34 to appoint first and second alternate members to the county’s 35 -1- LSB 2176YH (4) 87 aw/nh 1/ 2
H.F. 390 board of adjustment. Under the bill, the alternate members are 1 required to serve as members of the board under circumstances 2 when one or more regular members of the board of adjustment do 3 not participate in a vote of the board. 4 The bill takes effect upon enactment. 5 -2- LSB 2176YH (4) 87 aw/nh 2/ 2