HomeMy WebLinkAboutA001 - Email dated June 28, 2021 from City Attorney Voss, Diane
From: Lambert, Mark
Sent: Monday,June 28, 2021 3:36 PM
To: Voss, Diane; Schildroth, Deb
Subject: RE: Question regarding Change to Municipal Code
Diane and Deb,
Here's the issue MGMC brought to my attention. We have a conflict in our municipal code,with one section saying
terms of the MGMC Board of Trustees are 4 years, and another section saying 6 years.
The Iowa Code (sort of)specifies that city hospital board terms are 4 years. MGMC currently has 4-year terms for its
Trustees. We need to have the Council change Section 6.2 ("Elections")to say 4 years instead of 6.
I'd be happy to write a memo to the Council asking them to direct me to draft an ordinance changing 6.2(4)to reflect a
4-year term of office.
Mark
Iowa Code Chapter 392"City Administrative Agencies"
392.6 Hospital or health care facility trustees.
1. If a hospital or health care facility is established by a city,the city shall by ordinance provide for the election, at a
special election held pursuant to section 39.2,subsection 4, paragraph "b", of three trustees, whose terms of office shall
be four years. However, at the first election,three shall be elected and hold their office, one for four years and two for
two years, and they shall by lot determine their respective terms.A candidate for hospital or health care facility trustee
must be a resident of the hospital or health care facility service area within the boundaries of the state at the time of the
election at which the person's name appears on the ballot.A board of trustees elected pursuant to this section shall
serve as the sole and only board of trustees for any and all institutions established by a city as provided for in this
section.
2.The administration and management of an institution as provided for in this section is vested in a board of trustees
consisting of three,five,or seven members.A three-member board may be expanded to a five-member board, and a
five-member board may be expanded to a seven-member board. Expansion of the membership of the board shall occur
only on approval of a majority of the current board of trustees.The additional members shall be appointed by the
current board of trustees. One appointee shall serve until the next succeeding general or regular city election, at which
time a successor shall be elected, and the other appointee shall serve until the second succeeding general or regular city
election, at which time a successor shall be elected.The determination of which election an appointed additional
member shall be required to seek election shall be determined by lot.Thereafter,the terms of office of such additional
members shall be four years.
Ames Municipal Code Chapter 12, "City Hospital"
Sec. 12.2. ELECTION OF MEMBERS,TERM OF OFFICE.
The Ames City Hospital Board of Trustees shall consist of five (5) persons elected in the regular city elections,whose
terms of office shall be four(4)years.
(Ord. No.2445,Sec. 1, 6-19-73; Ord. No. 2525,Sec. 1, 8-5-75;Ord. No. 3273,Sec. 1, 5-10-94; Ord. No.3320,Sec. 1, 3-7-
95)
Ames Municipal Code Chapter 6"Elections"
Sec. 6.2.TERMS OF ELECTED OFFICERS.
1