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House File 169 - IntroducedA Bill ForAn Act 1relating to the removal of county veteran service
2officers.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 35B.6, subsection 1, Code 2019, is
2amended by adding the following new paragraph:
3 NEW PARAGRAPH. 0e. An executive director or administrator
4who fails to adequately execute the duties listed in section
535B.6(1)(d) is subject to removal by the county board of
6supervisors for cause upon stated charges in writing and after
7a hearing upon due notice. The removal procedures of section
835C.6 shall not apply to the removal of an executive director
9or administrator pursuant to this paragraph.
10 Sec. 2. Section 35C.6, Code 2019, is amended to read as
11follows:
1235C.6 Removal — certiorari — judicial review.
13No Unless otherwise provided by law, no person holding a
14public position by appointment or employment, and belonging to
15any of the classes of persons to whom a preference is granted
16under this chapter, shall be removed from such position or
17employment except for incompetency or misconduct shown after
18a hearing, upon due notice, upon stated charges, and with the
19right of such employee or appointee to a review by a writ of
20certiorari or at such person’s election, to judicial review in
21accordance with the terms of the Iowa administrative procedure
22Act, chapter 17A, if that is otherwise applicable to their
23case.
24EXPLANATION
25The inclusion of this explanation does not constitute agreement with
26the explanation’s substance by the members of the general assembly.
27Code section 35B.6(1)(a) provides that an executive director
28or administrator (recognized as a county veterans service
29officer) shall be employed by the county commission of veteran
30affairs. The duties of a county veterans service officer are
31listed under Code section 35B.6(1)(d). This bill allows for
32the removal of a county veteran services officer who fails
33to adequately execute their duties by the county board of
34supervisors for cause upon stated charges in writing and after
35a hearing upon due notice.
-1- 1The bill also provides that the removal procedures of Code
2section 35C.6 shall not apply to the removal of a veteran
3services officer who is removed pursuant to Code section
435B.6(1)(0e). Code section 35C.6 provides that a person
5holding a public position by appointment or employment and
6belonging to a class of persons to whom a preference is granted
7shall only be removed from such position for incompetency or
8misconduct shown after a hearing, upon due notice, upon stated
9charges, and with the right to review by a writ of certiorari
10or judicial review in accordance with the Iowa administrative
11procedures Act. Code section 35C.6 is amended such that its
12removal procedures do not apply if otherwise provided by law.
-2-mo/rn
2officers.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 35B.6, subsection 1, Code 2019, is
2amended by adding the following new paragraph:
3 NEW PARAGRAPH. 0e. An executive director or administrator
4who fails to adequately execute the duties listed in section
535B.6(1)(d) is subject to removal by the county board of
6supervisors for cause upon stated charges in writing and after
7a hearing upon due notice. The removal procedures of section
835C.6 shall not apply to the removal of an executive director
9or administrator pursuant to this paragraph.
10 Sec. 2. Section 35C.6, Code 2019, is amended to read as
11follows:
1235C.6 Removal — certiorari — judicial review.
13No Unless otherwise provided by law, no person holding a
14public position by appointment or employment, and belonging to
15any of the classes of persons to whom a preference is granted
16under this chapter, shall be removed from such position or
17employment except for incompetency or misconduct shown after
18a hearing, upon due notice, upon stated charges, and with the
19right of such employee or appointee to a review by a writ of
20certiorari or at such person’s election, to judicial review in
21accordance with the terms of the Iowa administrative procedure
22Act, chapter 17A, if that is otherwise applicable to their
23case.
24EXPLANATION
25The inclusion of this explanation does not constitute agreement with
26the explanation’s substance by the members of the general assembly.
27Code section 35B.6(1)(a) provides that an executive director
28or administrator (recognized as a county veterans service
29officer) shall be employed by the county commission of veteran
30affairs. The duties of a county veterans service officer are
31listed under Code section 35B.6(1)(d). This bill allows for
32the removal of a county veteran services officer who fails
33to adequately execute their duties by the county board of
34supervisors for cause upon stated charges in writing and after
35a hearing upon due notice.
-1- 1The bill also provides that the removal procedures of Code
2section 35C.6 shall not apply to the removal of a veteran
3services officer who is removed pursuant to Code section
435B.6(1)(0e). Code section 35C.6 provides that a person
5holding a public position by appointment or employment and
6belonging to a class of persons to whom a preference is granted
7shall only be removed from such position for incompetency or
8misconduct shown after a hearing, upon due notice, upon stated
9charges, and with the right to review by a writ of certiorari
10or judicial review in accordance with the Iowa administrative
11procedures Act. Code section 35C.6 is amended such that its
12removal procedures do not apply if otherwise provided by law.
-2-mo/rn