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 TLSB 1622SV (4) 88 gh/rn
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 -1- LSB 1622SV (4) 88 gh/rn 1/ 2
S.F. 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 -2- LSB 1622SV (4) 88 gh/rn 2/ 2