Sueppel v. City Council of Iowa City

136 N.W.2d 523, 257 Iowa 1350, 1965 Iowa Sup. LEXIS 688
CourtSupreme Court of Iowa
DecidedJuly 29, 1965
Docket51745
StatusPublished
Cited by14 cases

This text of 136 N.W.2d 523 (Sueppel v. City Council of Iowa City) 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
Sueppel v. City Council of Iowa City, 136 N.W.2d 523, 257 Iowa 1350, 1965 Iowa Sup. LEXIS 688 (iowa 1965).

Opinion

Snell, J.

— This is an action at law instituted by the members of the Park Commission of the City of Iowa City againist the city council of Iowa City, the members thereof and others. Plaintiffs asked for a writ of certiorari to hold for naught the action of said council abolishing the Park Commission and establishing a new Park and Recreation Commission in Iowa City.

*1352 The issue is whether under section 363C.15, Code of Iowa, the city council of Iowa City has power to abolish the Park Commission which had existed with elected members pursuant to chapter 370, Code of Iowa.

The trial court upheld the existence of this power and sustained the council’s action abolishing the Park Commission and establishing a new Park and Recreation Commission.

The facts were stipulated and are not in dispute.

The City of Iowa City is a municipal corporation of over 30,000' population, with council-manager government pursuant to chapter 363C, Code of Iowa. A Park Commission had been established pursuant to' the provisions of chapter 370, Code of Iowa, and prior to the adoption of the council-manager plan of government. Plaintiffs are the duly elected, qualified and serving members of said Park Commission.

Chapter 370, Code of Iowa, provides that there shall be elected in all cities over thirty thousand population three park commissioners. Park commissioners under this chapter have rather broad authority including the power to determine and fix, within statutory limits, the tax rate to be levied by the city council and appropriated for general park purposes. Board of Park Commissioners v. Marshalltown, 244 Iowa 844, 853, 58 N.W.2d 394.

Chapter 377, Code of Iowa, authorizes a Playground and Recreation Commission. Section 377.2 authorizes a council to confer on such commission all or any part of its powers in relation to the equipment, maintenance and conduct of any recreation building, playgrounds and recreation centers. Such a commission may be abolished by ordinance.

Chapter 363C, Code of Iowa, does not provide for autonomous power by independent commissions.

Iowa City has adopted a council manager by popular election form of government under the provisions of chapter 363C, Code of Iowa. This chapter provides for government by a five-member council elected at large. Council members elect a mayor from their own group and appoint other officials including a city manager. Section 363C.3 provides that the manager shall be the administrative head of the municipal government. '

*1353 Section 3630.15 provides:

“Termination of minor positions. Except the members of the library board, whose terms of office shall continue as now provided by law, the terms of office of all other officers, including park commissioners and waterworks trustees, whether elected or appointed, and of all employees of such city or incorporated town, shall be subject to the action of the council or manager.”

On September 15, 1964, the city council, pursuant to section 3630.15, Code of Iowa, enacted Iowa City Ordinance No. 2301 abolishing the Park and the Playground and Recreation Commissions and establishing a new Park and Recreation Commission, with members to be appointed by the mayor with approval of the council. The effective date of Ordinance No. 2301 was January 1, 1965. On December 1, 1964, the defendants Norton, Cilek, Osmundson, Allen, Brandt, Buxton and Cretzmeyer were appointed to the new Park and Recreation Commission, but no powers, duties, rights or prerogatives vested in said appointees prior to January 1, 1965, if ever.

Plaintiffs, members of the abolished Park Commission, challenged the legality of the council's action, sought and obtained a stay of' proceedings and a writ of certiorari. After trial in district court the ordinance was held valid and legal, the temporary injunction was dissolved and the writ annulled. Plaintiffs have appealed.

The Park and Recreation Commission established by City Ordinance No. 2301 is a planning and integrating group representing various governmental agencies with broad responsibilities in several areas but without autonomous powers.

The ordinance also established a department of parks and recreation to be integrated into and made a part of the regular city administration. Provision was made for the appointment of a director by the city manager after consultation and coordination with and upon the recommendation of the Park and Recreation Commission and subject to the approval of the city council. It was stipulated that all procedural matters in connection with passage and publication of the ordinance were in compliance with the law.

I. Plaintiffs contend that under section 363C.15, Code *1354 of Iowa, the city council has no power to abolish the Board of Park Commissioners but may only determine the length of the term of office.

That is not what the statute says. The statute says that the terms of members of a library board shall continue “as now provided by law.” The terms of all other officers “including park commissioners * * * shall be subject to the action of the council or manager.”

If the term of a park commissioner is subject to the action of the council or manager, as the statute says, it could be shortened to nothing and thus terminated. The park commission would thus be made ineffective. It would be anomalous to hold that the council could accomplish a de facto but not a de jure abolishment.

When the voters of Iowa City by popular election established a council-manager form of government they vested governmental power in the council and manager and, except where limited or otherwise provided by statute, divested the authority of former officers and agencies.

II. As brief point I plaintiffs argue that the purpose of statutory interpretation is ascertainment of legislative intent. We agree. All rules of statutory construction are for that purpose. Bergeson v. Pesch, 254 Iowa 223, 228, 117 N.W.2d 431. “Courts may not, under the guise of construction, extend, enlarge or otherwise change the terms of a statute. * * * ‘courts search for the legislative intent as shown by what the legislature said, rather than what it should or might have said.’ ” Bergeson v. Pesch, supra, loc. cit. 227.

When the legislature said in section 363C.15 that the terms of elected officers “shall be subject to the action of the council”, some action such as was taken here must have been contemplated.

III. As brief point II plaintiffs argue that it is mandatory that Iowa City have a statutory park commission consisting of elected members. That is true under chapter 370, Code of Iowa, unless section 363C.15 authorizes a council in council-manager city governments to provide otherwise. A city manager does not automatically by virtue of a change in form of government assume responsibility for parks administered by a park commis *1355 sion.

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Bluebook (online)
136 N.W.2d 523, 257 Iowa 1350, 1965 Iowa Sup. LEXIS 688, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sueppel-v-city-council-of-iowa-city-iowa-1965.