House
File
169
-
Introduced
HOUSE
FILE
169
BY
KRESSIG
A
BILL
FOR
An
Act
relating
to
the
removal
of
county
veteran
service
1
officers.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
1233YH
(2)
88
mo/rn
H.F.
169
Section
1.
Section
35B.6,
subsection
1,
Code
2019,
is
1
amended
by
adding
the
following
new
paragraph:
2
NEW
PARAGRAPH
.
0e.
An
executive
director
or
administrator
3
who
fails
to
adequately
execute
the
duties
listed
in
section
4
35B.6(1)(d)
is
subject
to
removal
by
the
county
board
of
5
supervisors
for
cause
upon
stated
charges
in
writing
and
after
6
a
hearing
upon
due
notice.
The
removal
procedures
of
section
7
35C.6
shall
not
apply
to
the
removal
of
an
executive
director
8
or
administrator
pursuant
to
this
paragraph.
9
Sec.
2.
Section
35C.6,
Code
2019,
is
amended
to
read
as
10
follows:
11
35C.6
Removal
——
certiorari
——
judicial
review.
12
No
Unless
otherwise
provided
by
law,
no
person
holding
a
13
public
position
by
appointment
or
employment,
and
belonging
to
14
any
of
the
classes
of
persons
to
whom
a
preference
is
granted
15
under
this
chapter
,
shall
be
removed
from
such
position
or
16
employment
except
for
incompetency
or
misconduct
shown
after
17
a
hearing,
upon
due
notice,
upon
stated
charges,
and
with
the
18
right
of
such
employee
or
appointee
to
a
review
by
a
writ
of
19
certiorari
or
at
such
person’s
election,
to
judicial
review
in
20
accordance
with
the
terms
of
the
Iowa
administrative
procedure
21
Act,
chapter
17A
,
if
that
is
otherwise
applicable
to
their
22
case.
23
EXPLANATION
24
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
25
the
explanation’s
substance
by
the
members
of
the
general
assembly.
26
Code
section
35B.6(1)(a)
provides
that
an
executive
director
27
or
administrator
(recognized
as
a
county
veterans
service
28
officer)
shall
be
employed
by
the
county
commission
of
veteran
29
affairs.
The
duties
of
a
county
veterans
service
officer
are
30
listed
under
Code
section
35B.6(1)(d).
This
bill
allows
for
31
the
removal
of
a
county
veteran
services
officer
who
fails
32
to
adequately
execute
their
duties
by
the
county
board
of
33
supervisors
for
cause
upon
stated
charges
in
writing
and
after
34
a
hearing
upon
due
notice.
35
-1-
LSB
1233YH
(2)
88
mo/rn
1/
2
H.F.
169
The
bill
also
provides
that
the
removal
procedures
of
Code
1
section
35C.6
shall
not
apply
to
the
removal
of
a
veteran
2
services
officer
who
is
removed
pursuant
to
Code
section
3
35B.6(1)(0e).
Code
section
35C.6
provides
that
a
person
4
holding
a
public
position
by
appointment
or
employment
and
5
belonging
to
a
class
of
persons
to
whom
a
preference
is
granted
6
shall
only
be
removed
from
such
position
for
incompetency
or
7
misconduct
shown
after
a
hearing,
upon
due
notice,
upon
stated
8
charges,
and
with
the
right
to
review
by
a
writ
of
certiorari
9
or
judicial
review
in
accordance
with
the
Iowa
administrative
10
procedures
Act.
Code
section
35C.6
is
amended
such
that
its
11
removal
procedures
do
not
apply
if
otherwise
provided
by
law.
12
-2-
LSB
1233YH
(2)
88
mo/rn
2/
2