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House Study Bill 3 - IntroducedA Bill ForAn Act 1relating to the removal of city utility board members,
2and including effective date provisions.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 388.3, Code 2019, is amended to read as
2follows:
3388.3 Procedure upon approval.
41. If a proposal to establish a utility board receives
5a favorable majority vote, the mayor shall appoint the board
6members, as provided in the proposal, subject to the approval
7of the council. The council shall by resolution provide for
8staggered six-year terms for, and shall set the compensation
9of, board members. Notwithstanding section 372.15, board
10members may only be removed from office pursuant to section
1166.1A.
122. A board member appointed to fill a vacancy occurring by
13reason other than the expiration of a term is appointed for the
14balance of the unexpired term.
153. A public officer or a salaried employee of the city may
16not serve on a utility board.
17 Sec. 2. EFFECTIVE DATE. This Act, being deemed of immediate
18importance, takes effect upon enactment.
19EXPLANATION
20The inclusion of this explanation does not constitute agreement with
21the explanation’s substance by the members of the general assembly.
22Under Code section 372.15, any person appointed to city
23office may be removed from office by written order from the
24officer or body making the appointment. This bill provides
25that notwithstanding Code section 372.15, board members
26of city utilities established under Code chapter 388 may
27only be removed from office pursuant to Code section 66.1A.
28Code section 66.1A provides for the removal of appointed or
29elected officers by the district court for certain reasons,
30including neglect or refusal to perform duties, misconduct
31or maladministration, corruption, extortion, conviction of a
32felony, intoxication, or conviction of a violation of Code
33chapter 68A.
34The bill takes effect upon enactment.
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2and including effective date provisions.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 388.3, Code 2019, is amended to read as
2follows:
3388.3 Procedure upon approval.
41. If a proposal to establish a utility board receives
5a favorable majority vote, the mayor shall appoint the board
6members, as provided in the proposal, subject to the approval
7of the council. The council shall by resolution provide for
8staggered six-year terms for, and shall set the compensation
9of, board members. Notwithstanding section 372.15, board
10members may only be removed from office pursuant to section
1166.1A.
122. A board member appointed to fill a vacancy occurring by
13reason other than the expiration of a term is appointed for the
14balance of the unexpired term.
153. A public officer or a salaried employee of the city may
16not serve on a utility board.
17 Sec. 2. EFFECTIVE DATE. This Act, being deemed of immediate
18importance, takes effect upon enactment.
19EXPLANATION
20The inclusion of this explanation does not constitute agreement with
21the explanation’s substance by the members of the general assembly.
22Under Code section 372.15, any person appointed to city
23office may be removed from office by written order from the
24officer or body making the appointment. This bill provides
25that notwithstanding Code section 372.15, board members
26of city utilities established under Code chapter 388 may
27only be removed from office pursuant to Code section 66.1A.
28Code section 66.1A provides for the removal of appointed or
29elected officers by the district court for certain reasons,
30including neglect or refusal to perform duties, misconduct
31or maladministration, corruption, extortion, conviction of a
32felony, intoxication, or conviction of a violation of Code
33chapter 68A.
34The bill takes effect upon enactment.
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