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