1. A majority of all council members is a quorum.
2. A vacancy in an elective city office during a term of office shall be filled, at the council’s
option, by one of the two following procedures:
a. (1) By appointment by the remaining members of the council, except that if the
remaining members do not constitute a quorum of the full membership, paragraph “b” shall
be followed. The appointment shall be made within sixty days after the vacancy occurs
and shall be for the period until the next regular city election described in section 376.1,
unless there is an intervening special election for that city, in which event the election for
the office shall be placed on the ballot at such special election. If the council fails to make an
appointment within sixty days as required by this subsection, the city clerk shall give notice
of the vacancy to the county commissioner and the county commissioner shall call a special
election to fill the vacancy at the earliest practicable date but no fewer than thirty-two days
after the notice is received by the county commissioner.
(2) If the council chooses to proceed under this paragraph, it shall publish notice in the
manner prescribed by section 362.3, stating that the council intends to fill the vacancy by
appointment but that the electors of the city or ward, as the case may be, have the right to file
a petition requiring that the vacancy be filled by a special election. The council may publish
notice in advance if an elected official submits a resignation to take effect at a future date.
The council may make an appointment to fill the vacancy after the notice is published or after
the vacancy occurs, whichever is later. However, if within fourteen days after publication
of the notice or within fourteen days after the appointment is made, there is filed with the
city clerk a petition which requests a special election to fill the vacancy, an appointment to
fill the vacancy is temporary and the council shall call a special election to fill the vacancy
permanently, under paragraph “b”. The number of signatures of eligible electors of a city for
a valid petition shall be determined as follows:
(a) For a city with a population of ten thousand or less, at least two hundred signatures
or at least the number of signatures equal to fifteen percent of the voters who voted for
candidatesfortheofficeattheprecedingregularelectionatwhichtheofficewasontheballot,
whichever number is fewer.
(b) For a city with a population of more than ten thousand but not more than fifty
thousand, at least one thousand signatures or at least the number of signatures equal to
fifteen percent of the voters who voted for candidates for the office at the preceding regular
election at which the office was on the ballot, whichever number is fewer.
(c) For a city with a population of more than fifty thousand, at least two thousand
signatures or at least the number of signatures equal to ten percent of the voters who voted
for candidates for the office at the preceding regular election at which the office was on the
ballot, whichever number is fewer.
(d) The minimum number of signatures for a valid petition pursuant to subparagraph
divisions (a) through (c) shall not be fewer than ten. In determining the minimum number of
signatures required, if at the last preceding election more than one position was to be filled
for the office in which the vacancy exists, the number of voters who voted for candidates for
the office shall be determined by dividing the total number of votes cast for the office by the
number of seats to be filled.
b. (1) Byaspecialelectionheldtofilltheofficefortheremainingbalanceoftheunexpired
term. If the council opts for a special election or a valid petition is filed under paragraph
“a”, the special election may be held concurrently with any pending election as provided by
section 69.12 if by so doing the vacancy will be filled not more than ninety days after it occurs.
Otherwise, a special election to fill the office shall be called by the council at the earliest
practicable date. The council shall give the county commissioner at least thirty-two days’
writtennoticeofthedatechosenforthespecialelection. Thecouncilofacitywhereaprimary
electionmayberequiredshallgivethecountycommissioneratleastsixtydays’writtennotice
of the date chosen for the special election. A special election held under this subsection is
subject to sections 376.4 through 376.11, but the dates for actions in relation to the special
election shall be calculated with regard to the date for which the special election is called.
However, a nomination petition must be filed not less than twenty-five days before the date
of the special election and, where a primary election may be required, a nomination petition
must be filed not less than fifty-three days before the date of the special election.
(2) If there are concurrent vacancies on the council and the remaining council members
do not constitute a quorum of the full membership, a special election shall be called by the
county commissioner at the earliest practicable date. The remaining council members shall
give notice to the county commissioner of the absence of a quorum. If there are no remaining
council members, the city clerk shall give notice to the county commissioner of the absence
of a council. If the office of city clerk is vacant, the city attorney shall give notice to the county
commissioner of the absence of a clerk and a council. Notice of the need for a special election
shall be given under this paragraph by the end of the following business day.
3. The council shall appoint a city clerk to maintain city records and perform other duties
prescribed by state or city law.
4. Except as otherwise provided by state or city law, the council may appoint city
officers and employees, and prescribe their powers, duties, compensation, and terms. The
appointment of a city manager must be made on the basis of that individual’s qualifications
and not on the basis of political affiliation.
5. The council shall determine its own rules and maintain records of its proceedings. City
records and documents, or accurate reproductions, shall be kept for at least five years except
that:
a. Ordinances, resolutions, council proceedings, records and documents, or accurate
reproductions, relating to the issuance of public bonds or obligations shall be kept for at
least eleven years following the final maturity of the bonds or obligations. Thereafter, such
records, documents, and reproductions may be destroyed, preserving confidentiality as
necessary. Records and documents pertaining to the transfer of ownership of bonds shall
be kept as provided in section 76.10.
b. Ordinances, resolutions, council proceedings, records and documents, or accurate
reproductions, relating to real property transactions shall be maintained permanently.
6. Within fifteen days following a regular or special meeting of the council, the clerk shall
causetheminutesoftheproceedingsofthecouncil, includingthetotalexpenditurefromeach
city fund, to be delivered to a newspaper of general circulation in the city for publication. The
publication shall include a list of all claims allowed and a summary of all receipts and shall
show the gross amount of the claims. The list of claims allowed shall show the name of the
person or firm making the claim, the reason for the claim, and the amount of the claim. If the
reason for the claims is the same, two or more claims made by the same vendor, supplier, or
claimant may be consolidated if the number of claims consolidated and the total consolidated
claim amount are listed in the statement. However, the city shall provide at its office upon
request an unconsolidated list of all claims allowed. Matters discussed in closed session
pursuant to section 21.3 shall not be published until entered on the public minutes. However,
in cities having more than one hundred fifty thousand population, the council shall each
month print in pamphlet form a detailed itemized statement of all receipts and disbursements
of the city, and a summary of its proceedings during the preceding month, and furnish copies
to the city library, the daily newspapers of the city, and to persons who apply at the office of
the city clerk, and the pamphlet shall constitute publication as required. Failure by the clerk
tomakepublicationisasimplemisdemeanor. Theprovisionsofthissubsectionareapplicable
in cities in which a newspaper is published, or in cities of two hundred population or over,
but in all other cities, posting the statement in three public places in the city which have been
permanently designated by ordinance is sufficient compliance with this subsection.
7. Byordinance,thecouncilmaydividethecityintowardswhichshallbedrawnaccording
to the following standards:
a. All ward boundaries shall follow precinct boundaries.
b. Wards shall be as nearly equal as practicable to the ideal population determined by
dividing the number of wards to be established into the population of the city.
c. Wards shall be composed of contiguous territory as compact as practicable.
d. Consideration shall not be given to the addresses of incumbent officeholders, political
affiliations of registered voters, previous election results, or demographic information other
thanpopulationheadcounts,exceptasrequiredbytheConstitutionandthelawsoftheUnited
States.
8. By ordinance, the council shall prescribe the compensation of the mayor, council
members, and other elected city officers, but a change in the compensation of the mayor
does not become effective during the term in which the change is adopted, and the council
shall not adopt an ordinance changing the compensation of the mayor, council members, or
other elected officers during the months of November and December in the year of a regular
city election. A change in the compensation of council members becomes effective for all
council members at the beginning of the term of the council members elected at the election
next following the change in compensation. Except as provided in section 362.5, an elected
city officer is not entitled to receive any other compensation for any other city office or city
employment during that officer’s tenure in office, but may be reimbursed for actual expenses
incurred. However, if the mayor pro tem performs the duties of the mayor during the mayor’s
absence or disability for a continuous period of fifteen days or more, the mayor pro tem may
be paid for that period the compensation determined by the council, based upon the mayor
pro tem’s performance of the mayor’s duties and upon the compensation of the mayor.
9. A council member, during the term for which that member is elected, is not eligible for
appointment to any city office if the office has been created or the compensation of the office
has been increased during the term for which that member is elected. A person who resigns
from an elective office is not eligible for appointment to the same office during the time for
which that person was elected if during that time, the compensation of the office has been
increased.
10. A council member, during the term for which that member is elected, is not precluded
from holding the office of chief of the volunteer fire department or from serving the volunteer
firedepartmentinanyotherpositionorcapacity. Apersonholdingtheofficeofchiefofsucha
volunteer fire department at the time of the person’s election to the city council may continue
to hold the office of chief of the fire department during the city council term for which that
person was elected. A currently serving member may serve as chief of the volunteer fire
department upon a majority vote of the council. A council member who is a candidate for
the position of chief of the volunteer fire department or an appointed officer position shall
abstain from voting upon the council member’s own appointment to the position.
11. a. Council members shall be elected according to the council representation plans
undersections372.4and372.5. However, thecouncilrepresentationplanmaybechanged, by
petition and election, to one of those described in this subsection. Upon receipt of a petition
meeting the requirements of section 362.4, requesting a change to a council representation
plan, the council shall submit the question at a special election. If a majority of the persons
votingatthespecialelectionapprovesthechangedplan, itbecomeseffectiveatthebeginning
ofthetermfollowingthenextregularcityelection. Ifamajoritydoesnotapprovethechanged
plan, the council shall not submit another proposal to change a plan to the voters within the
next two years.
b. Eligible electors of a city may petition for one of the following council representation
plans:
(1) Election at large without ward residence requirements for the members.
11 ORGANIZATION OF CITY GOVERNMENT, §372.13A
(2) Election at large but with equal-population ward residence requirements for the
members.
(3) Election from single-member, equal-population wards, in which the electors of each
ward shall elect one member who must reside in that ward.
(4) Electionofaspecifiednumberofmembersatlargeandaspecifiednumberofmembers
from single-member, equal-population wards.
1. [R60, §1081, 1093; C73, §511, 522; C97, §668; S13, §668; C24, 27, 31, 35, 39, §5663; C46,
50, §363.36; C54, 58, 62, 66, 71, 73, §368A.1(2); C75, 77, 79, 81, §372.13(1)]
2. [R60, §1101; C73, §514, 524; C97, §668; S13, §668; C24, 27, 31, 35, 39, §5663; C46, 50,
§363.36; C54, 58, 62, 66, 71, 73, §368A.1(8); C75, 77, 79, 81, §372.13(2); 81 Acts, ch 34, §46]
3. [R60, §1082, 1093; C73, §512, 522; C97, §651, 659, 940; S13, §651; SS15, §1056-a26,
1056-b18; C24, 27, 31, 35, 39, §5633, 5640, 5663, 6528, 6651, 6703; C46, 50, §363.11, 363.19,
363.36, 416.52, 419.37, 420.13; C54, 58, 62, 66, 71, 73, §368A.1(1), 368A.3; C75, 77, 79, 81,
§372.13(3)]
4. [R60, §1086, 1093, 1095, 1098, 1103, 1105, 1134; C73, §493, 515, 522, 524, 528, 532, 534;
C97, §651, 657, 668, 676; S13, §651, 657, 668, 1056-a27, 1056-a28; SS15, §1056-a26, 1056-b14,
1056-b17, 1056-b18; C24, 27, 31, 35, 39, §5638, 5663, 5671, 6519, 6528, 6529, 6533, 6651,
6666, 6674; C46, 50, §363.11, 363.17, 363.36, 363.45, 416.43, 416.52, 416.53, 416.57, 419.37,
419.52, 419.60; C54, 58, 62, 66, 71, 73, §363.40, 363A.4, 363B.11, 363C.4, 363C.9, 368A.1(7, 9,
10); C75, 77, 79, 81, §372.13(4)]
5, 6. [R60, §1082, 1093; C73, §512, 522; C97, §659, 668; S13, §668, 687-a; C24, 27, 31, 35,
39, §5640, 5663, 5722; C46, 50, §363.19, 363.33, 366.10; C54, 58, 62, 66, 71, 73, §368A.1(4),
368A.3; C75, 77, 79, 81, §372.13(5,6); 82 Acts, ch 1047, §1]
7. [R60, §1092; C73, §520; C97, §641; S13, §641; C24, 27, 31, 35, 39, §5626; C46, 50, §363.4;
C54, 58, 62, 66, 71, 73, §363.7; C75, 77, 79, 81, §372.13(7)]
8. [R60, §1091, 1095, 1098; C73, §505, 519, 524, 528; C97, §669, 676, 943, 945; S13, §669,
1056-a28; SS15, §1056-b9; C24, 27, 31, 35, 39, §5664, 5671, 6517, 6633, 6704, 6705; C46,
50, §363.38, 363.45, 416.41, 419.19, 420.14, 420.15; C54, 58, 62, 66, §363.39, 363A.4, 363B.9,
363C.2, 420.14, 420.15; C71, 73, §363.39, 363A.4, 363B.9, 363C.2, 363E.1, 420.14, 420.15; C75,
77, 79, 81, §372.13(8)]
9. [R60, §1091, 1122; C73, §490, 491, 519; C97, §668, 677; S13, §668; C24, 27, 31, 35, 39,
§5672; C46, 50, §363.46, 420.17 – 420.19; C54, 58, 62, 66, 71, 73, §368A.21; C75, 77, 79, 81,
§372.13(9)]