HomeMy WebLinkAboutA002 - Memo dated August 17, 2021 from Legal Department W f z'I
MEMO
Ames- Legal Department
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Caring People,,Quality Programs+Exceptional Service
To: Mayor Haila and Ames City Council
'From: Mark O. Lambert, City Attorney
Date: August 17, 2021
Subject: Conflict in Ames Municipal Code re: MGMC trustee terms of
office
Mary Greeley Medical Center, (MGMC) has brought to our attention a conflict in
the Ames Municipal Code regarding the city hospital trustee terms of office.
First, 1 note that Iowa Code section 392.6(2) indicates that the terms of office of
government-owned hospital trustees are four (4) years.
Ames Municipal Code section 12.2 ("Hospital trustees" section) correctly states
that the terms of office of the hospital trustees shall be four (4) years.
Ames Municipal Code section 6.2(4) ("Elections" section) incorrectly states that
the terms of office of hospital trustees shall be six (6) years.
MGMC has always had four (4) year terms of office for its trustees.
The incorrect term of office in the Elections chapter of our Municipal Code
needs to be fixed, especially with a city election coming this November.
ALTERNATIVES:
1. Direct the City Attorney to draft an ordinance correcting the terms of
office of MGMC hospital trustees to four years in Section 6.2(4) of the
Ames Municipal Code.
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' 2. Do not make any change in the ordinance.
RECOMMENDATION:
With the upcoming city election in November, it's necessary to align section
6.2(4) of the Ames Municipal Code with both Municipal Code section 12.2 and
Iowa Code section 392.6(2).
Therefore, it is the recommendation of the City Manager and the City Attorney
that City Council adopt Alternative #1 directing the City Attorney to draft an
ordinance amending Ames Municipal Code section 6.2(4) to reflect terms of
office of four (4) years for the MGMC trustees.