new county officials school david vestal, isac deputy director january 22, 2003 sources of the law
TRANSCRIPT
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