Clinton City Council Member Tom Determann tells KROS NEWS he hasn’t made a decision yet on the issue of his council seat when takes office as a Clinton County Board Of Supervisor. Determan won a seat on the county board in the November election. ‘Read more’ for some the legal issues regarding the situation.
He told KROS NEWS on Tuesday he hasn’t made a commitment yet on whether to resign his council seat or if he believes he can serve on both elected bodies.
Clinton City legal counsel Patrick O’Connell says he has provided legal advice to the council member but told KROS NEWS he couldn’t reveal what that advice was.
The Clinton Home Rule Charter (2.03(10A)) does contain a provision that prohibits city elected officials from serving as any other elected official while serving on the council.
Clinton County Attorney Mike Wolfe also issued a statement to KROS NEWS about the situation that the council member could not serve on both bodies at the same time.
Wolfe stated that he had worked with the Iowa Attorney General’s Office on the issue. The County Attorney told KROS NEWS that after researching the question regarding dual service by a Clinton City Council member and Clinton County Board of Supervisor, he had significant concerns that these would be ‘incompatible offices.’
He says there are few cases on such situations. However, Wolfe says there is a 1932 case calling serving on both at the same as incompatible. The issue of the conference board was the prime example. That board consists of the County Board, City Council and School Board overseeing the assessor. Serving on both bodies would mean serving on two voting blocks of the Conference Board creating a conflict.
The County Attorney- in an email to KROS NEWS stated he was very confident in this opinion. Wolfe added the practical effect of this translates as follows: when Mr. Determann takes his oath of office for Clinton County Supervisor, by operation of law his seat as city council person is vacated.
Wolfe tells KROS NEWS he cares that the law is fully followed and adhered to – at both the county and at the city level but does not have authority to give legal advice at the city level.
