HomeMy WebLinkAboutA002 - Letter dated August 1, 1995 from City Attorney to County Auditor AMES
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CITY OF AMES
CITY ATTORNEY'S OFFICE P.O. BOX 811 AMES IOWA 50010
Community-University-Opportunity 515 CLARK AVENUE
PHONE 515-239-5146 & FAX 515-239-5142
August 1, 1995
Ms. Doris Foell
Story County Auditor's Office
Story County Courthouse
Nevada,Ia. 50010
Re: Ames City Hospital Board of Trustees,Eligible Candidates
Dear Ms. Foell:
This is to follow up on our telephone conversation of today as to whether persons who are not residents
of the City of Ames could be a candidate for election as a trustees of the Ames City Hospital. This
position is established by virtue of Sec. 392.6,Code of Iowa. That section does not require trustees to be
residents of the City. The City ordinance establishing the trustees does not require residency,but does
state that the candidates must be nominated by petition of residents in accordance with the election laws
of the State of Iowa.
You have pointed out to me today that candidates for elected city offices must be nominated as provided
in Sec. 376.4,and that Sec. 376.4 states:
"An eligible elector of a city may become a candidate for an elected city office by filing
with the city clerk,a valid petition ..."
The term eligible elector is defined in Sec. 39.3(6),Code of Iowa,as:
"... a person who possesses all of the qualifications necessary to entitle the person to be
registered to vote,whether or not the person is so registered."
You have informed me that the phrase "... of a city..."is viewed as meaning that a person may not be
nominated for an elected city office unless they are an eligible elector who resides in that city to which
the office pertains. That is a reasonable interpretation of the nomination statute. I will,by copy of this
letter,so advise the hospital trustees and the Ames City Clerk and recommend to the City Council that
it adopt an ordinance to amend Sec. 12.3 of the Ames Municipal Code accordingly.
Thank you for your early attention to this matter.
Yours ul ,
John R
City Atto ey
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