City of Bettendorf v. Moritz

798 N.W.2d 344, 2011 Iowa App. LEXIS 298, 2011 WL 1376736
CourtCourt of Appeals of Iowa
DecidedApril 13, 2011
DocketNo. 10-1202
StatusPublished

This text of 798 N.W.2d 344 (City of Bettendorf v. Moritz) is published on Counsel Stack Legal Research, covering Court of Appeals of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Bettendorf v. Moritz, 798 N.W.2d 344, 2011 Iowa App. LEXIS 298, 2011 WL 1376736 (iowactapp 2011).

Opinion

VOGEL, P.J.

The Scott County Auditor, Roxanna Moritz, together with Scott County, Iowa, (the County Auditor), appeal from the district court’s ruling interpreting Iowa Code section 69.12 (2009) in favor of the City of Bettendorf, Iowa (the City). The parties disagree as to when a person appointed to fill a vacancy on an elected municipal board would be required to stand for election. Because we find section 69.12 defines “pending election” to include a general election, we reverse.

I.Background Facts and Proceedings.

The Bettendorf Park Board is a municipal board, whose members are elected by the voters in the City of Bettendorf. In January 2010, a vacancy on the Board occurred due to the resignation of a member whose four-year term of office was to end December 31, 2011. The City Council filled the vacancy by appointing Frank Baden on February 11, 2010, who was to serve until the next “pending election” as defined in section 69.12. The City and the County Auditor disagreed over when Baden was required to stand for election, namely whether the next “pending election” was the upcoming general election in November 2010 or the next municipal election in November 2011.

On April 21, 2010, the City filed a petition for a declaratory judgment seeking resolution of the disagreement. The City moved for summary judgment and the County Auditor also moved for summary judgment. The parties agreed there were no issues of material fact. Both motions came on for hearing and on June 5, 2010, the district court found that the use of “pending election” in section 69.12 implied “elections for which Bettendorf citizens are the exclusive voters for an office” and consequently, Baden was not required to stand for election until the next municipal election scheduled for November 2011. The County Auditor appeals and asserts the district court erred in interpreting section 69.12. “We review the district court’s interpretation of a statute for correction of errors at law.” State v. Sluyter, 763 N.W.2d 575, 579 (Iowa 2009).

II. Mootness.

Because the general election of November 2010 has already occurred, it would appear that the issue is moot. See Martin-Trigona v. Baxter, 435 N.W.2d 744, 745 (Iowa 1989) (“A moot case is one that no longer presents a justiciable controversy because the issues involved have become academic or nonexistent. The test is whether a judgment, if rendered, would have any practical legal effect upon the existing controversy.”). Nevertheless, we may reach the issue presented pursuant to the “public interest” exception to the mootness doctrine.

The criteria for whether to apply the exception are: “(1) the public or private nature of the question presented, (2) desirability of an authoritative adjudication for future guidance of public officials, and (3) likelihood of future recurrence of the same or similar problem.”

Id. (quoting Rush v. Ray, 332 N.W.2d 325, 326 (Iowa 1983)). The factors indicate the exception should be applied here — the question presented is of a public'nature, public officials are requesting our guidance, and because general elections are held every two years, the issue is likely to occur again. Therefore, we conclude the exception applies here and reach the issue.

III. Statutory Interpretation.

Our supreme court has set forth the basic rules of statutory interpretation.

[346]*346We start with the often-repeated goal of statutory interpretation which is to discover the true intention of the legislature.
Our first step in ascertaining the true intention of the legislature is to look to the statute’s language. We do not search beyond the express terms of a statute when that statute is plain and its meaning is clear. Moreover, we must read a statute as a whole and give it its plain and obvious meaning, a sensible and logical construction. Additionally, we do not construe a statute in such a way that would produce impractical or absurd results.
When the legislature has not defined words of a statute, we look to prior decisions of this court and others, similar statutes, dictionary definitions, and common usage.

Gordin v. Long Beach Mortg. Co., 661 N.W.2d 193, 197 (Iowa 2003).

IV. Iowa Code Section 69.12.

Under Iowa Code section 372.13, the Bettendorf City Council could have chosen to fill the vacancy on the Board either by appointment or by special election. If a city council chooses to fill the vacancy by appointment, the city council must publish notice of its plan to do so. Iowa Code § 372.13(2)(a). The voters may file a petition requiring the vacancy to be filled by a special election and an appointee then serves until the special election is held. Id. If a special election is not requested by the voters, the appointee serves until the next “pending election” conducted pursuant to section 69.12. Id. An individual elected at the section 69.12 election serves the remainder of the unexpired term. Good v. Crouch, 397 N.W.2d 757, 762 (Iowa 1986). If a city council chooses to fill the vacancy by special election, a special election “may be held concurrently with any pending election as provided by section 69.12” if the vacancy will be filled not more than ninety days after it occurs. Iowa Code § 372.13(2)(b); see also id. § 39.2(4)(b) (providing a special election for a city may be held on the date of the general election). Otherwise, a special election is “called at the earliest practicable date” and the person elected serves the remainder of the unexpired term. Id. § 372.13(2)(b).

In the present case, the appointee was to serve until the next “pending election” conducted pursuant to section 69.12. The County Auditor argues a “pending election” as defined in section 69.12 includes a pending general election. Iowa Code section 69.12 provides in part,

When a vacancy occurs in any nonpartisan elective office of a political subdivision of this state, and the statutes governing the office in which the vacancy occurs require that it be filled by election or are silent as to the method of filling the vacancy, it shall be filled pursuant to this section. As used in this section, “pending election” means any election at which there will be on the ballot either the office in which the vacancy exists, or any other office to be filled or any public question to be decided by the voters of the same political subdivision in which the vacancy exists.

In the first unnumbered paragraph of section 69.12, a definition of pending election is set forth. The parties emphasize different words and phrases in the definition. The County Auditor emphasizes the language “any election at which there will be on the ballot ... any other office to be filled or any public question

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Related

Gardin v. Long Beach Mortgage Co.
661 N.W.2d 193 (Supreme Court of Iowa, 2003)
Martin-Trigona v. Baxter
435 N.W.2d 744 (Supreme Court of Iowa, 1989)
State v. Sluyter
763 N.W.2d 575 (Supreme Court of Iowa, 2009)
Rush v. Ray
332 N.W.2d 325 (Supreme Court of Iowa, 1983)
Good v. Crouch
397 N.W.2d 757 (Supreme Court of Iowa, 1986)

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Bluebook (online)
798 N.W.2d 344, 2011 Iowa App. LEXIS 298, 2011 WL 1376736, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-bettendorf-v-moritz-iowactapp-2011.