HomeMy WebLinkAboutA012 - Legal Opinion dated October 17, 2000 - Mary Greeley Trustee Vacancy ✓V/
City Attorney's Office 5
' 515 Clark Avenue,P.O.Box 811
GuriugYrnpit Ames, IA 50010
Quality Prngrauts Phone: 515-239-5146 • Fax: 515-239-5142
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October 17, 2000
Ms. Kim Russel, CEO
Mary Greeley Medical Center
1111 Duff
Ames, Iowa 50010
Re: Trustees, Vacancy
Dear Kim:
This is in response to your telephone call of last week.
Section 392.6, Code of Iowa, pertaining to hospital trustees, makes no provision for filling a vacancy.
Consequently,the matter is governed by the provisions of Sec.372.13(2),Code of Iowa. See Op.Atty.Gen.
1936, p. 155. Section 372.13(2),The Code,provides in relevant part:
"2. A vacancy in an elective city office during a term of office shall be filled, at the
council's option,by one of the two following procedures: {�
a. By appointment by the remaining members of the council,except that if the Pub I✓C�
remaining members do not constitute a quorum of the full membership,paragraph"b:"shall
be followed. The appointment shall be for the period until the next pending election as
defined in Section 69.12, and shall be made within forty days after the vacancy occurs. If
the council chooses to proceed under this paragraph, it shall publish notice in the manner
prescribed by section 362.3, stating that the council intends to fill the vacancy by
appointment but that the electors of the city or ward,as the case may be,have the right to
file a petition requiring that the vacancy be filled by a special election. The council may
publish notice in advance if an elected official submits a resignation to take effect at a future
date. The council may make an appointment to fill the vacancy after the notice is published
or after the vacancy occurs, whichever is later. However, if within fourteen days after
publication of the notice or within fourteen days after the appointment is made,whichever
is later, there is filed with the city clerk a petition which requests a special election to fill
the vacancy, an appointment to fill the vacancy is temporary and the council shall call a
special election to fill the vacancy permanenti)under paragraph "b".
b. By a special election held to fill the office for the remaining balance of the
unexpired term. If the council opts for a special election or a valid petition is filed under
paragraph "a" the special election may be held concurrently with any pending election as
provided by section 69.12 if by so doing the vacancy will be filed not more than ninety days
after it occurs. Otherwise, a special election to fill the office shall be called at the earliest
practicable date."
The Trustees can,by adopted motion,inform the City Council which of the two methods the Trustees prefer
for filling the vacancy. The Trustees may also,by motion,propose a person for appointment by the Council
to fill the vacancy until the next election for the position.
Yours truly,
John R. Klaus
City Attorney
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