69.2 - WHAT CONSTITUTES VACANCY -- HEARING -- APPEAL.
69.2 WHAT CONSTITUTES VACANCY -- HEARING -- APPEAL.
1. Every civil office shall be vacant if any of the following
events occur:
a. A failure to elect at the proper election, or to appoint
within the time fixed by law, unless the incumbent holds over.
b. A failure of the incumbent or holdover officer to qualify
within the time prescribed by law.
c. The incumbent ceasing to be a resident of the state,
district, county, township, city, or ward by or for which the
incumbent was elected or appointed, or in which the duties of the
office are to be exercised. This subsection shall not apply to
appointed city officers.
d. The resignation or death of the incumbent, or of the
officer-elect before qualifying.
e. The removal of the incumbent from, or forfeiture of, the
office, or the decision of a competent tribunal declaring the office
vacant.
f. The conviction of the incumbent of a felony, an aggravated
misdemeanor, or of any public offense involving the violation of the
incumbent's oath of office.
g. The board of supervisors declares a vacancy in an elected
county office upon finding that the county officer has been
physically absent from the county for sixty consecutive days except
in the case of a medical emergency; temporary active military duty;
or temporary service with another government service, agency, or
department.
h. The incumbent simultaneously holding more than one
elective office at the same level of government. This subsection
does not apply to the county agricultural extension council or the
soil and water conservation district commission.
i. An incumbent statewide elected official or member of the
general assembly simultaneously holding more than one elective
office.
2. If the status of an officeholder is in question, the entity or
officer responsible for making an appointment to fill the vacancy
shall decide whether a vacancy exists. The appointing entity or
officer may act upon its own motion. If a petition signed by
twenty-five registered voters of the jurisdiction is received, the
appointing entity or officer shall convene within thirty days to
consider whether a vacancy exists. The appointing entity or officer
shall publish notice that a public hearing will be held to determine
whether a vacancy exists. The notice shall include the time and
place of the hearing and the name of the office and the officeholder
whose status is in question. The public hearing shall be held not
less than four nor more than fourteen days after publication of the
notice. The officer whose status is in question shall be notified of
the time and place of the hearing. Notice shall be sent by certified
mail and must be postmarked at least fourteen days before the
hearing. No later than seven days after the public hearing, the
appointing entity or officer shall publish its decision. If the
appointing entity or officer decides that the office is vacant, the
publication shall state the date the vacancy occurred and what action
will be taken to fill the vacancy.
3. The officer against whom the judgment was rendered may appeal
to the district court no later than twenty days after official
publication of the decision. However, the appeal will not supersede
the execution of the judgment of the appointing entity or officer,
unless the party gives a bond, with security to be approved by the
district judge in a sum to be fixed by the judge. The amount of the
bond shall be at least double the probable compensation of such
officer for six months, which bond shall be conditioned that the
officer will prosecute the appeal without delay and that, if the
judgment appealed from is affirmed, the party will pay over to the
successful party all compensation received by the party while in
possession of the office after the judgment appealed from was
rendered. The court shall hear the appeal in equity and determine
anew all questions arising in the case.
4. If, upon appeal, the judgment is affirmed, the district court
may render judgment upon the bond for the amount of damages awarded
against the appellant and the sureties on the bond. Section History: Early Form
[C51, § 334, 429; R60, § 564, 662, 1132; C73, § 504, 686, 781;
C97, § 1266; C24, 27, 31, 35, 39, § 1146; C46, 50, 54, 58, 62,
66, 71, 73, 75, 77, 79, 81, § 69.2] Section History: Recent Form
91 Acts, ch 12, § 1--3; 93 Acts, ch 143, § 41; 98 Acts, ch 1223,
§18, 38; 2001 Acts, ch 158, §11; 2002 Acts, ch 1134, § 77, 115
Referred to in § 331.214
Duty of holdover officer to requalify, § 63.7
Vacancy on board of supervisors, § 331.214
Vacancy on school board, § 277.29
Removal from office; see also chapter 66
Prohibitions concerning holding more than one office, § 39.11,
39.12, and 441.17(1)