Senate
File
562
-
Introduced
SENATE
FILE
562
BY
COMMITTEE
ON
COMMERCE
(SUCCESSOR
TO
SSB
1095)
A
BILL
FOR
An
Act
relating
to
the
removal
of
city
utility
board
members,
1
and
including
effective
date
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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S.F.
562
Section
1.
Section
388.3,
Code
2019,
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.
Notwithstanding
section
372.15,
board
9
members
may
only
be
removed
from
office
pursuant
to
section
10
388.3A.
11
2.
A
board
member
appointed
to
fill
a
vacancy
occurring
by
12
reason
other
than
the
expiration
of
a
term
is
appointed
for
the
13
balance
of
the
unexpired
term.
14
3.
A
public
officer
or
a
salaried
employee
of
the
city
may
15
not
serve
on
a
utility
board.
16
Sec.
2.
NEW
SECTION
.
388.3A
Removal
of
utility
board
17
members
for
cause.
18
1.
Any
person
appointed
as
a
board
member
of
a
utility
19
board
pursuant
to
section
388.3
may
be
removed
from
office
by
20
the
mayor
with
the
approval
of
the
city
council
for
any
of
the
21
following
reasons:
22
a.
Upon
sufficient
evidence
supporting
removal
for
any
23
reason
enumerated
in
section
66.1A.
24
b.
For
habitual
nonattendance
of
board
meetings.
25
2.
Removal
pursuant
to
this
section
shall
be
by
written
26
order.
The
order
shall
give
the
reasons
for
the
removal
and
27
shall
be
filed
in
the
office
of
the
city
clerk,
and
a
copy
28
shall
be
sent
by
certified
mail
to
the
person
removed
who,
upon
29
request
filed
with
the
city
clerk
within
thirty
days
of
the
30
date
of
mailing
the
copy,
shall
be
granted
a
public
hearing
31
before
the
city
council
on
all
issues
connected
with
the
32
removal.
The
hearing
shall
be
held
within
thirty
days
of
the
33
date
the
request
is
filed
unless
the
person
removed
requests
34
a
later
date.
35
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562
Sec.
3.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
1
importance,
takes
effect
upon
enactment.
2
EXPLANATION
3
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
4
the
explanation’s
substance
by
the
members
of
the
general
assembly.
5
Under
Code
section
372.15,
any
person
appointed
to
city
6
office
may
be
removed
from
office
by
written
order
from
the
7
officer
or
body
making
the
appointment.
This
bill
provides
8
that
notwithstanding
Code
section
372.15,
board
members
of
9
city
utilities
established
under
Code
chapter
388
may
only
be
10
removed
from
office
pursuant
to
new
Code
section
388.3A.
11
New
Code
section
388.3A
provides
that
city
utility
12
board
members
may
be
removed
from
office
by
the
mayor
with
13
the
approval
of
the
city
council
upon
sufficient
evidence
14
supporting
any
reason
enumerated
in
Code
section
66.1A
or
for
15
habitual
nonattendance
of
board
meetings.
Code
section
66.1A
16
provides
for
the
removal
of
appointed
or
elected
officers
by
17
the
district
court
for
certain
reasons,
including
neglect
or
18
refusal
to
perform
duties,
misconduct
or
maladministration,
19
corruption,
extortion,
conviction
of
a
felony,
intoxication,
or
20
conviction
of
a
violation
of
Code
chapter
68A.
Removal
of
city
21
utility
board
members
shall
be
by
written
order
pursuant
to
the
22
procedure
described
in
the
bill.
23
The
bill
takes
effect
upon
enactment.
24
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