101 Iowa L. Rev. 779 (2016)

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Abstract

A 2014 Iowa district court ruling, Keltner v. City of Oskaloosa, revealed a shortcoming in the Iowa statutes governing the removal of utility board members. The court ruled that the Iowa Code allows a mayor to remove municipal utility board members at will. Under Iowa's home rule regime, the Iowa Code governs both the ability of cities to establish, maintain, and operate city utilities as well as the ability to create boards to manage these utilities. The Iowa Code structures utility boards in a way that insulates boards' operations from political pressure and influence. For example, it establishes staggered six-year terms for utility board members and prohibits city officers from also serving on a utility board. At the same time, however, the Code fails to prevent a city executive from exercising control through an unrestricted removal power. The Code's failure to restrict the mayor's power to remove utility board members is inconsistent with the independent nature of utility boards and the insulating provisions that make up the Iowa Code's statutory scheme. The Iowa Legislature should amend the Iowa Code to include a for-cause requirement for the removal of city utility board members. A for-cause requirement will be more consistent with the insulating provisions in the Iowa Code and will do more to support independent utility board action.