State of Iowa Code for Removing Public Officials
66.1A REMOVAL BY COURT. Any appointive or elective officer, except such as may be removed only by impeachment, holding any public office in the state or in any division or municipality thereof, may be removed from office by the district court for any of the following reasons: 1. For willful or habitual neglect or refusal to perform the duties of the office. 2. For willful misconduct or maladministration in office. 3. For corruption. 4. For extortion. 5. Upon conviction of a felony. 6. For intoxication, or upon conviction of being intoxicated. 7. Upon conviction of violating the provisions of chapter 68A.
Section History: Early Form
[S13, § 1258-c; C24, 27, 31, 35, 39, § 1091; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 66.1]
Section History: Recent Form
C2001, §66.1A Referred to in § 185.9 Impeachable officers, Iowa Constitution, Art. III, § 20
66.2 JURISDICTION.
The jurisdiction of the proceeding provided for in this chapter shall be as follows: 1. As to state officers whose offices are located at the seat of government, the district court of Polk county. 2. As to state officers whose duties are confined to a district within the state, the district court of any county within such district. 3. As to county, municipal, or other officers, the district court of the county in which such officers' duties are to be performed.
Section History: Early Form
[C24, 27, 31, 35, 39, §1092; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 66.2]
66.3 WHO MAY FILE PETITION.
The petition for removal may be filed: 1. By the attorney general in all cases. 2. As to state officers, by not fewer than twenty-five electors of the state. 3. As to any other officer, by five registered voters of the district, county, or municipality where the duties of the office are to be performed. 4. As to district officers, by the county attorney of any county in the district. 5. As to all county and municipal officers, by the county attorney of the county where the duties of the office are to be performed.
Comments
Removing Council Members or Mayor
I think most taxpayors don't realize in small communities that they supply the final oversite in a community.
They don't realize they decide who represents them after the election is over.
They elect and can remove any elected official for not complying with their oath of office or not living up to their fudiciary responsibilities.
The code above is the process for removing an elected official. I hope you as a citizen you have the right and obligation to do so!!!!!!!!!!!!!!!!!!!!!!!!!!
Appointees Removal
Appointees to City Clerk, City Attourney, and Council Members or Mayor can be removed at any time for any reason or no reason at all. They have to be removed by resolution by who appointed them to a position. They are considered epmployees at will and no reasons have to be given.
Since the Mayor appoints the Mayor Pro-tem, the Mayor is the one who has to decide whether to select or remove a council member from that position at any time for any reason.