1. The circumstances which constitute a vacancy in office under section 69.2 shall be
treated as a resignation of the office. At its next meeting after the sixty-day absence, the
board,byresolutionadoptedandincludedinitsminutes,shalldeclaretheabsentsupervisor’s
seat vacant.
2. a. If the physical or mental status of a supervisor is in question, the board shall decide
whether a vacancy exists. The board shall comply with the notice and hearing requirements
of section 69.2, subsection 2. After a hearing, the board, by resolution adopted and included
in its minutes, may declare the supervisor’s seat vacant if the board determines either of the
following:
(1)That the supervisor is physically or mentally incapable of performing the duties of
office and there is reasonable cause to believe that
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1. The circumstances which constitute a vacancy in office under section 69.2 shall be
treated as a resignation of the office. At its next meeting after the sixty-day absence, the
board,byresolutionadoptedandincludedinitsminutes,shalldeclaretheabsentsupervisor’s
seat vacant.
2. a. If the physical or mental status of a supervisor is in question, the board shall decide
whether a vacancy exists. The board shall comply with the notice and hearing requirements
of section 69.2, subsection 2. After a hearing, the board, by resolution adopted and included
in its minutes, may declare the supervisor’s seat vacant if the board determines either of the
following:
(1) That the supervisor is physically or mentally incapable of performing the duties of
office and there is reasonable cause to believe that the supervisor will not be able to perform
thedutiesofofficefortheremainderofthesupervisor’sterm. Tomakethisdetermination,the
board shall appoint a physician and the family of the supervisor shall appoint a physician to
examine the supervisor. For purposes of this subsection, “family” means the parent, spouse,
or child of the supervisor. If the family does not appoint a physician, the board shall appoint
twophysicianstoexaminethesupervisor. Theboardshallreceivethereportofthephysicians
as evidence at the hearing. The board may only declare the supervisor’s seat vacant if both
physicians concur that the supervisor is physically or mentally incapable of performing the
duties of office and there is reasonable cause to believe that the supervisor will not be able
to perform the duties of office for the remainder of the supervisor’s term. However, if the
physicians concur that the supervisor is mentally incapable of performing the duties of office,
the board shall not declare the supervisor’s seat vacant for one year from the date of the
hearing if the supervisor is receiving treatment for the mental incapacity.
(2) That the supervisor refuses or is unavailable for the examination required in
subparagraph (1).
b. A supervisor whose seat is declared vacant under this subsection may appeal the
board’s decision to the district court.
c. If the board declares a vacancy under this subsection and the remaining balance of the
supervisor’sunexpiredtermistwoandone-halfyearsormore, aspecialelectionshallbeheld
to fill the office as provided in section 69.14A, subsection 1, paragraph “c”, if the population
of the county is one hundred twenty-five thousand or more based on the most recent federal
decennial census or the county includes the main campus of an institution of higher learning
governed by the state board of regents. However, if the population of the county is less than
one hundred twenty-five thousand based on the most recent federal decennial census and if
the county does not include the main campus of an institution of higher learning governed
by the state board of regents, an appointment shall be made to fill the office as provided in
section 69.14A, subsection 1, paragraph “a”.
[C73, §298; C97, §414; C24, 27, 31, 35, 39, §5115; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79,
81, §331.12; S81, §331.214; 81 Acts, ch 117, §213]