HomeMy WebLinkAboutA001 - Master Item No. 26
CITY OF MEMO
Ames Legal Department
Caring People•Quality Programs•Exceptional Service
To: Mayor Haila, Ames City Council
From: Mark O. Lambert, City Attorney
Date: November 17, 2022
Subject: Hospital Board of Trustees Ordinance
On September 15, 2022, Brian Deter, CEO of Mary Greeley Medical Center
(MGMC), sent the Council a letter requesting changes to Chapter 12, the "City
Hospital" chapter of the Municipal Code, as there were apparent conflicts with
the Code of Iowa. The Council referred Mr. Dieter's letter to the City Attorney
for a response. At the October 25, 2022 City Council meeting, the Council
directed the City Attorney's office to draft an ordinance to correct the Municipal
Code to bring it into compliance with the Code of Iowa.
The attached ordinance addresses the following two issues:
1. The ordinance amends Section 12.2 of the Ames Municipal Code to
allow either a five (5) or seven (7) member Board of Trustees at the
discretion of the Hospital Board of Trustees. The prior language set
the number of Trustees at five (5). The Iowa Code used to state that the
City Council would set the size of a city hospital board. However, the
Iowa Code was amended in 2009 and the current Iowa Code language
(section 392.6(2)) allows 3, 5 or 7 hospital trustees, and empowers the
Board of Trustees to determine the size of the board.
2. The ordinance amends Section 12.3 of the Ames Municipal Code to
allow anyone from the hospital's service area to serve as a trustee,
not just City of Ames residents. Iowa Code section 392.6(1) was
amended in 2003, and language was added stating that "A candidate for
hospital or health care facility trustee must be a resident of the hospital or
health care facility service areas within the boundaries of the state at the
time of the election at which the person's name appears on the ballot."
The attached ordinance specifies a six-county area that makes up the
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MGMC service area, according to MGMC. Those six counties are Story,
Greene, Boone, Hamilton, Hardin, and Marshall Counties. It is important
to note that the elections for City Hospital Trustee remain City
elections. That means that although candidates for Hospital Trustee
could live in any of the six counties, a candidate must obtain on a
nominating petition the required number of signatures of Ames
residents in order to be a candidate, and that only Ames residents
will be voting to elect the Hospital Trustees. Additionally, the
ordinance changes the former wording saying "any adult" was allowed to
be a Trustee candidate, to "any eligible elector" to bring it into sync with
other election laws in Iowa.
CITY ATTORNEY'S RECOMMENDED ACTION:
The Ames Municipal Code conflicts with the Iowa Code, and these changes are
needed to bring the Municipal Code into compliance with state law.
Therefore, it is the recommendation of the City Attorney that the City Council
adopt the ordinance on first passage.
HERE ARE THE CHANGES REFLECTED IN THE ATTACHED ORDINANCE.
STRIKE-THROUGHS ARE DELETIONS; UNDERLININGS ARE ADDITIONS.
"Sec. 12.2.ELECTION OF MEMBERS,TERM OF OFFICE.
The Ames City Hospital Board of Trustees shall consist of five'"persons elected in the .o,.,, of^i*lx
. five(5)or seven(7)persons,as determined b a
majority vote of the Board of Trustees. Trustees shall be elected in regular City elections,and the term of
office shall be four(4)years.
Sec. 12.3 QUALIFICATIONS.
Any adtAt eligible elector from the City Hospital's service area,comprising Story,Greene,Boone,
Hamilton,Hardin and Marshall Counties,may be a candidate for the Ames City Hospital Board of
Trustees. AM person appointed to fill a Trustee vacancy shall also be a resident of the City Hospital's
service area. A candidate for Hospital Trustee must be nominated by petition of residents of the City in
accordance with the election laws of Iowa."
ORDINANCE NO.
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY
OF AMES,IOWA,BY AMENDING CHAPTER 12, SECTIONS 12.2 AND
12.3 THEREOF, FOR THE PURPOSE OF ESTABLISHING ELECTION
OF MEMBERS, TERM OF OFFICE AND QUALIFICATIONS,
REPEALING ANY AND ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH CONFLICT;
AND ESTABLISHING AN EFFECTIVE DATE.
BE IT ENACTED,by the City Council for the City of Ames,Iowa,that:
Section One. The Municipal Code of the City of Ames,Iowa shall be and the same is hereby amended by
amending Chapter 12, Section 12.2 and Section 12.3 for the purpose of establishing election of members,term of
office and qualifications,as follows:
"Sec. 12.2.ELECTION OF MEMBERS,TERM OF OFFICE.
The Ames City Hospital Board of Trustees shall consist of five(5)or seven(7)persons,as determined by a majority
vote of the Board of Trustees. Trustees shall be elected in regular City elections,and the term of office shall be four
(4)years.
Sec. 12.3 QUALIFICATIONS.
Any eligible elector from the City Hospital's service area,comprising Story, Greene,Boone,Hamilton,Hardin and
Marshall Counties,may be a candidate for the Ames City Hospital Board of Trustees. Any person appointed to fill a
Trustee vacancy shall also be a resident of the City Hospital's service area. A candidate for Hospital Trustee must
be nominated by petition of residents of the City in accordance with the election laws of Iowa."
Section Two. All ordinances,or parts of ordinances,in conflict herewith are hereby repealed to the extent
of such conflict,if any.
Section Three. This ordinance shall be in full force and effect from and after its passage and publication as
required by law.
Passed this day of
Renee Hall,City Clerk John A.Haila,Mayor