New County Officials SchoolNew County Officials School

David Vestal, ISAC Deputy David Vestal, ISAC Deputy DirectorDirector

January 22, 2003January 22, 2003

Sources of the LawSources of the Law

What are my Goals What are my Goals Today?Today?

To introduce you to the To introduce you to the various bodies of lawvarious bodies of law

To explain how you can To explain how you can access that lawaccess that law

Class is divided into five Class is divided into five parts:parts:

StatutesStatutesAttorney Generals OpinionsAttorney Generals OpinionsAdministrative LawAdministrative LawCourt DecisionsCourt DecisionsCounty Home RuleCounty Home Rule

StatutesStatutes Four volume hardbound setFour volume hardbound set 2003 edition just published2003 edition just published Code IndexCode Index Updated by 2003 Code SupplementUpdated by 2003 Code Supplement Session LawsSession Laws Code Annotated-includes court Code Annotated-includes court

decisionsdecisions

Chapter 331Chapter 331 Most important chapter for Most important chapter for

county officialscounty officials Includes structure of county Includes structure of county

governmentgovernment Lists duties of BOS and all Lists duties of BOS and all

other elected officialsother elected officials

Contains duties pertaining Contains duties pertaining to Finances and Budgetingto Finances and Budgeting

Not Just Chapter 331Not Just Chapter 331• 356 Jails356 Jails• 335 Zoning335 Zoning• 350 Conservation Boards350 Conservation Boards• 137 Boards of Health137 Boards of Health• 222-230 Mental Health222-230 Mental Health• 125 Substance Abuse125 Substance Abuse

Iowa Code on the Iowa Code on the Web:Web:

www.legis.state.ia.www.legis.state.ia.usus

Rules of Rules of Statutory Statutory InterpretationInterpretation

Look to Chapter 4Look to Chapter 4

““Shall” imposes a Shall” imposes a dutyduty

prospective statutesprospective statutesirreconcilable statutesirreconcilable statutes

Attorney General Attorney General OpinionsOpinions

Written Legal Opinions issued Written Legal Opinions issued by the Attorney General by the Attorney General

Not BindingNot BindingRequests submitted by county Requests submitted by county

attorneys or legislatorsattorneys or legislators

What Subjects Do They What Subjects Do They Cover?Cover?

Many issues of interest Many issues of interest to countiesto counties

How Can We Review How Can We Review Them?Them?

PublishedPublishedSummarized in Summarized in The Iowa The Iowa

CountyCounty magazine magazineAvailable in County Law LibraryAvailable in County Law LibraryCan be requested at Can be requested at

(515) 281-5166 (515) 281-5166

Iowa Administrative Iowa Administrative CodeCode

Administrative RulesAdministrative RulesAdopted by State AgenciesAdopted by State AgenciesMust be Based on State Must be Based on State

LawLawForce and Effect of LawForce and Effect of Law

Jet Ski OperatorsJet Ski Operators

Must have 20 hours Must have 20 hours of instructionof instruction

Provided by DPSProvided by DPS

What Don’t We What Don’t We Know?Know?

What course will consist of?What course will consist of? How do you prove you took the How do you prove you took the

course?course? Who can teach the course?Who can teach the course? Can the DPS charge a fee for Can the DPS charge a fee for

the course?the course? Where will it be offered?Where will it be offered?

How Are How Are Administrative Rules Administrative Rules Adopted?Adopted?

Chapter 17A of the Iowa CodeChapter 17A of the Iowa Code Notice of Intended ActionNotice of Intended Action Public HearingPublic Hearing Final Rule FiledFinal Rule Filed Emergency RulesEmergency Rules Administrative Rules CommitteeAdministrative Rules Committee

How Are Rules How Are Rules Published?Published?

22 Volume Iowa Administrative 22 Volume Iowa Administrative CodeCode

Available in county law libraryAvailable in county law library Organized by state agencyOrganized by state agency Statues Implemented SectionStatues Implemented Section Available online at Available online at

www.legis.state.ia.uswww.legis.state.ia.us

Court DecisionsCourt Decisions

State CourtsState CourtsIowa Court of Iowa Court of AppealsAppeals

Iowa Supreme CourtIowa Supreme Court

Federal Courts:Federal Courts:

US District Courts for US District Courts for Northern and Southern Northern and Southern DistrictsDistricts

8th Circuit Court of 8th Circuit Court of AppealsAppeals

Where are Iowa Supreme Where are Iowa Supreme Court cases published?Court cases published?

Northwestern ReporterNorthwestern Reporter Oliver v. Sioux City Community Oliver v. Sioux City Community

School DistrictSchool District 389 N.W. 2d 665389 N.W. 2d 665 Available online: Available online:

judicial.state.ia.usjudicial.state.ia.us

County Home RuleCounty Home Rule

Dillon RuleDillon Rule

Adopted in 1978Adopted in 1978

Article III, sec. 39A of Iowa Article III, sec. 39A of Iowa ConstitutionConstitution

What is Home What is Home Rule?Rule?Counties can now do anything Counties can now do anything

they want, unless it is they want, unless it is specifically prohibited by specifically prohibited by state law state law

Implemented as Chapter 331Implemented as Chapter 331