SF 448 (LSB 1578SV (1) 90)

SENATE FILE 448

BY  COMMITTEE ON LOCAL GOVERNMENT

(SUCCESSOR TO SF 170)

A BILL FOR

An Act relating to the composition and procedures of county compensation boards.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 331.321, subsection 1, paragraph l, Code 2023, is amended by striking the paragraph.
    Sec. 2.  Section 331.322, subsection 6, Code 2023, is amended to read as follows:
   6.  Review and adopt the final compensation schedule of the county compensation board and determine the final compensation schedule in accordance with section 331.907.
    Sec. 3.  Section 331.905, subsection 1, Code 2023, is amended by striking the subsection and inserting in lieu thereof the following:
   1.  There is created in each county a compensation board, which shall be composed of the following seven members:
   a.  Two members of the board of supervisors, who shall serve two-year, staggered terms of office. The board of supervisors shall adopt a rotation designating each seat on the board of supervisors in a rotation to serve on the county compensation board. The adopted rotation shall not be changed except when membership of the board of supervisors is increased pursuant to section 331.203 or decreased pursuant to section 331.204.
   b.  Two residents of the county, who shall serve two-year terms, appointed by the two members serving pursuant to paragraph “a” at the time of appointment.
   c.  (1)  Three elected county officers from the following pool of county officers:
   (a)  The county attorney.
   (b)  The county auditor.
   (c)  The county recorder.
   (d)  The county sheriff.
   (e)  The county treasurer.
   (2)  The members selected pursuant to this paragraph shall serve two-year, staggered terms, which shall begin with the county attorney and county auditor and thereafter follow the order in which the members are listed in subparagraph (1).
    Sec. 4.  Section 331.905, subsections 2 and 4, Code 2023, are amended to read as follows:
   2.  The members of the county compensation board shall be appointed to four-year, staggered terms of office. The members of the county compensation board shall not be officers or employees of the state or a political subdivision of the state. A term shall be effective on the first of July of the year of appointment and a vacancy shall be filled for the unexpired term in the same manner as the original appointment.
   4.  The county compensation board shall elect a chairperson and vice chairperson annually from among its membership. The county compensation board shall meet at the call of the chairperson or upon written request of a majority of its membership.  The county compensation board shall meet at least twice before submitting its recommended compensation schedule pursuant to section 331.907. One meeting must be a public hearing. The concurrence of a majority of the members of the county compensation board shall determine any matter relating to its duties.
    Sec. 5.  Section 331.907, subsections 1 and 2, Code 2023, are amended to read as follows:
   1.  The annual compensation of the auditor, treasurer, recorder, sheriff, county attorney, and supervisors shall be determined as provided in this section. The county compensation board annually shall review the compensation paid to three comparable officers in other counties of this state, three comparable officers in other states, and three comparable officers in private enterprise, and the federal government. In setting the salary of the county sheriff, the county compensation board shall set the sheriff’s salary so that it is comparable to salaries paid to professional law enforcement administrators and command officers of the state patrol, the division of criminal investigation of the department of public safety, and city police chiefs employed by cities of similar population to the population of the county. The county compensation board shall prepare a compensation schedule for the elective elected county officers for the succeeding fiscal year and the recommended salary for any elected county officer shall not be lower than the salary of the person holding the office in the year immediately preceding the most recent election. A final recommended compensation schedule requires a majority vote of the membership of the county compensation board.
   2.  At the public hearing held on the county budget as provided in section 331.434, the county compensation board shall submit its recommended compensation schedule for the next fiscal year to the board of supervisors for inclusion in the county budget. The board of supervisors shall review and adopt the recommended compensation schedule for the elected county officers and determine the final compensation schedule which shall not exceed the compensation schedule recommended by the county compensation board. In determining the final compensation schedule if the board of supervisors wishes to reduce the amount of the recommended compensation schedule, the amount of salary increase proposed for each elected county officer, except as provided in subsection 3, shall be reduced an equal percentage. A copy of the final compensation schedule shall be filed with the county budget at the office of the director of the department of management. The final compensation schedule takes effect on July 1 following its adoption by the board of supervisors.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the composition and procedures of county compensation boards. Under current law, a county compensation board is composed of seven members who serve four-year, staggered terms. Two of the members are appointed by the county board of supervisors and one member is appointed by each of the county auditor, the county attorney, the county recorder, the county treasurer, and the county sheriff. The county compensation board reviews the compensation paid to comparable officers in other counties of this state, other states, private enterprise, and the federal government. A county compensation board submits a recommended compensation schedule to the board of supervisors, who may approve a higher salary increase or reduce the amount of the recommended salary increase by an equal amount for each elected county officer.
   Under the bill, a county compensation board is composed of two members of the board of supervisors who serve two-year, staggered terms and rotate with the other members of the board of supervisors; two members who are residents of the county who serve two-year terms and are appointed by the members of the board of supervisors who are serving on the county compensation board at the time of the appointment; and three members determined by a rotation of the county attorney, county auditor, county recorder, county sheriff, and county treasurer as provided in the bill.
   The bill requires the county compensation board to meet at least twice before submitting a final recommended compensation schedule to the board of supervisors. One meeting must be a public hearing. The county compensation board shall review the compensation paid to three comparable officers in other counties of this state, three comparable officers in other states, and three comparable officers in private enterprise. The county compensation board cannot recommend a salary for any elected county officer that is lower than the salary of the person holding the office in the year immediately preceding the most recent election. The bill requires the board of supervisors to review and adopt the recommended compensation schedule without alteration.