Bill Text: IA SF2258 | 2017-2018 | 87th General Assembly | Introduced


Bill Title: A bill for an act relating to the removal powers of mayors, city managers, city councils, and county boards of supervisors regarding certain appointees.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-02-12 - Introduced, referred to Local Government. S.J. 288. [SF2258 Detail]

Download: Iowa-2017-SF2258-Introduced.html

Senate File 2258 - Introduced




                                 SENATE FILE       
                                 BY  ZAUN

                                      A BILL FOR

  1 An Act relating to the removal powers of mayors, city managers,
  2    city councils, and county boards of supervisors regarding
  3    certain appointees.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 5823XS (4) 87
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PAG LIN



  1  1    Section 1.  Section 331.321, subsection 3, Code 2018, is
  1  2 amended to read as follows:
  1  3    3.  Except as otherwise provided by state law, a any person
  1  4 appointed as provided in subsection 1 may be removed by the
  1  5 board at any time by written order. The order shall give the
  1  6 reasons and be filed in the office of the auditor, and a copy
  1  7 shall be sent by certified mail to the person removed who,
  1  8 upon request filed with the auditor within thirty days of the
  1  9 date of mailing the copy, shall be granted a public hearing
  1 10 before the board on all issues connected with the removal.
  1 11 The hearing shall be held within thirty days of the date the
  1 12 request is filed unless the person removed requests a later
  1 13 date.
  1 14    Sec. 2.  Section 372.15, Code 2018, is amended to read as
  1 15 follows:
  1 16    372.15  Removal of appointees.
  1 17    Except as otherwise provided by state or city law, all
  1 18 persons appointed to city office may be removed by the mayor,
  1 19 city manager, or the city council, or by the officer or body
  1 20 making the appointment, but every such removal shall be by
  1 21 written order. The order shall give the reasons, be filed
  1 22 in the office of the city clerk, and a copy shall be sent by
  1 23 certified mail to the person removed who, upon request filed
  1 24 with the clerk within thirty days of the date of mailing the
  1 25 copy, shall be granted a public hearing before the council
  1 26 on all issues connected with the removal. The hearing shall
  1 27 be held within thirty days of the date the request is filed,
  1 28 unless the person removed requests a later date.
  1 29    Sec. 3.  Section 388.4, Code 2018, is amended by adding the
  1 30 following new subsection:
  1 31    NEW SUBSECTION.  5.  The mayor, city manager, or the city
  1 32 council may remove a member of a board or commission providing
  1 33 utility or other services at any time pursuant to section
  1 34 372.15.
  1 35                           EXPLANATION
  2  1 The inclusion of this explanation does not constitute agreement with
  2  2 the explanation's substance by the members of the general assembly.
  2  3    This bill affects the removal process for certain local
  2  4 government entity appointees.
  2  5    Current law allows only a city officer or body that made an
  2  6 appointment to a city office to remove an appointee.
  2  7    The bill allows a mayor, city manager, or the city council
  2  8 to also remove an appointee holding a city office. The bill
  2  9 includes an appointee to a board or commission providing
  2 10 utility or other services as an individual that a mayor, city
  2 11 manager, or the city council may remove.
  2 12    The bill also allows a county board of supervisors to remove
  2 13 at any time an appointee to any county=operated board in an
  2 14 analogous procedure as that conducted in a city.
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