Polk County Board of Supervisors v. Polk Commonwealth Charter Commission

522 N.W.2d 783, 1994 WL 578354
CourtSupreme Court of Iowa
DecidedOctober 18, 1994
Docket94-904
StatusPublished
Cited by13 cases

This text of 522 N.W.2d 783 (Polk County Board of Supervisors v. Polk Commonwealth Charter Commission) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Polk County Board of Supervisors v. Polk Commonwealth Charter Commission, 522 N.W.2d 783, 1994 WL 578354 (iowa 1994).

Opinions

SNELL, Justice.

This is an appeal by the Polk County Board of Supervisors (Board or Board of Supervisors) and the Polk County Auditor from a final judgment granting a writ of mandamus sought by the Polk County Charter Commission (Commission or Charter Commission). The district court ordered the Board through the writ to direct the Polk County Auditor and the commissioner of elections to place on the ballot the question of adopting a proposed commonwealth charter reorganizing Polk County government. This ballot would be presented on November 8, 1994 at the general election. The writ has been executed and the order carried out placing the question on the general election ballot subject to our resolution of this appeal.

The Board and the county auditor brought a declaratory judgment action seeking a ruling that the charter, proposed by the Commission, is legally defective and ineligible to be placed on the election ballot. The Commission counterclaimed for a writ of mandamus to compel the Board to submit the proposed charter to the county auditor for placement on the election ballot. The district court determined there were no legal impediments to placing the proposed charter on the ballot, ordered the issuance of the writ, and dismissed the petition. On appeal, the question is whether there are legal deficiencies in the charter barring it from receiving the referendum of the people. We affirm.

I. Standard of Review

The district court tried this case at law. We review the court’s determinations for errors at law and defer to its findings of fact if substantial evidence supports them. Iowa R.App.P. 4; North Iowa State Bank v. Allied Mut. Ins. Co., 471 N.W.2d 824, 828 (Iowa 1991).

II. Factual Background

The material facts in this case are stipulated. The Commission was created pursuant to Iowa Code section 331.233A (1993). That section is contained in chapter 331, styled “County Home Rule Implementation,” Part 2, entitled “Alternative Forms.” Its purpose is “to study city-county consolidation [786]*786or the community commonwealth form” of government. Iowa Code § 331.238A(1). The forty-one members of the Charter Commission were appointed by city councils, the Polk County Board of Supervisors, and the Polk County legislative delegation. The Commission held its first meeting on April 28, 1992. During the spring and summer of that year, the Commission began work on drafting a proposed commonwealth charter. On January 28, 1993 the Commission filed a preliminary report discussing its progress through December 16, 1992. At that time, the Commission had not approved any proposed charter. It was planning a legislative lobbying effort to amend key provisions of Iowa Code chapter 331.

In April 1993, after the Commission’s lobbying efforts faded, it began work on a new draft charter. The Commission split into committees to study in detail the key provisions of a 1992 draft rejected by the Commission.

On December 27, 1993, the Commission approved a draft charter and submitted it, accompanied with its final report, to the Board. The report represented the culmination of a twenty-month study by the Commission, twenty-eight Commission meetings and eighty committee meetings. It acknowledged the assistance received from the Polk County Board of Supervisors, Polk County staff and the 100 different members of three charter commissions and the greater Des Moines area commission. The Commission directed the Board to forward the proposed charter to the county auditor for placement on the November 1994 ballot. The Board refused, claiming the proposed charter had several legal defects barring its procession to the ballot.

The proposed charter seeks to restructure county government. It would replace the five-member Board with a seven-member “Polk Commonwealth Council,” a commonwealth mayor, and a county manager. The elective offices of auditor, recorder, sheriff, and treasurer would be eliminated and their powers and duties would be combined with the new legislative council for the purpose of reorganizing their duties and functions. The commonwealth mayor would be the presiding officer and a voting member of the Council; the mayor would recommend appointments to the Council and represent the commonwealth before organizations and governmental agencies. The Commonwealth Council would have the powers of and perform the duties of a traditional board of supervisors. It also would reorganize and be responsible for the duties and functions of the auditor, recorder, sheriff, and treasurer. The commonwealth may also agree to deliver municipal services to member cities as recommended by a commission composed of a commonwealth mayor and the mayors of all joining cities in the commonwealth (Mayors’ Commission). The Des Moines and Polk County Assessors’ offices would be merged.

A majority vote of all qualified electors' in Polk County would be necessary to adopt the charter and create the commonwealth form of government. A separate affirmative vote would' be required in each city to determine if that city would join the commonwealth for the purpose of jointly receiving selected municipal services from the commonwealth. A city that does not initially join may join at a later date. A city that has joined may withdraw.

After a service is transferred to the commonwealth, it would be under the control of the Commonwealth Council. The Council would levy the taxes to pay for this service. The Mayors’ Commission would no longer have any responsibility. A service would not be transferred to the commonwealth without a majority vote of the Commonwealth Council.

The Board claims the proposed charter is legally deficient in three ways. First, it claims a charter provision calling for the creation of a commonwealth Mayors’ Commission violates the “one person, one vote” principle mandated by the federal and state constitutions. Second, the Board argues the proposed charter does not comply with several provisions of Iowa Code section 331.261. Third, the Board contends the Charter Commission did not substantially comply with the public hearing requirement of Iowa Code section 331.235.

[787]*787III. Mayors’ Commission

A. Composition and Function

Article VII of the proposed charter provides for the creation of a Mayors’ Commission. The Mayors’ Commission’s primary purpose is to study, evaluate, and recommend the transfer of municipal services to the control of the commonwealth.

The Mayors’ Commission would be composed of the commonwealth mayor, the may- or of each commonwealth member, and the mayor of other cities having fifty percent or more of their population or area within the commonwealth. Mayors of non-commonwealth member cities would have no voting power on the Mayors’ Commission.

Each mayor of a city that joins as a commonwealth member would have one vote on the Mayors’ Commission. According to the 1990 decennial census the population of Polk County is 327,140 persons. The populations of the cities within Polk County that could be represented on the Mayors’ Commission vary widely. These cities’ populations are as follows:

Alleman 340
Altoona 7,191
Ankeny 18,482
Bondurant ' 1,584
Clive 7,462

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Bluebook (online)
522 N.W.2d 783, 1994 WL 578354, Counsel Stack Legal Research, https://law.counselstack.com/opinion/polk-county-board-of-supervisors-v-polk-commonwealth-charter-commission-iowa-1994.