2009 Iowa Code
Title 2 - Elections and Official Duties
Subtitle 2 - Public Officers and Employees
CHAPTER 69 - VACANCIES == REMOVAL == TERMS
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)