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Iowa law says public servants can be removed from office just for being intoxicated (by Peter Children)


This news story was published on November 14, 2011.
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(Op-ed by Peter Children)

There has been much bantering these past days about drinking to excess in public and the ramifications of this behavior. Talk is cheap, it takes money to buy whisky as the saying goes. No pun intended. In other words talk is cheap, you can talk about this until the cows come home and it will do you no good, you will still be where you started. There is a code in Iowa law (66.1A) which states removal by court for seven different reasons; reason number six explicitly states, for intoxication, or upon conviction of being intoxicated. This is a “either or” statement, read it carefully and you will see it is two parts. It goes on to say in section; (66.3) that as few as five signatures are all that is needed to take it into district court.

As to Bookmeyer; there are hundreds of witnesses in different drinking establishments in this city who have seen hin highly inebriated. They need not have to have been part of his group, but rather only to have seen him in a state of intoxication. Naturally the same holds true for Alex Kuhn.

The next question is this; why should the citizens of this city have to tolerate public displays of drunken elected officials? These people are currently protected by a local paper who looks the other way, and by doing this, not only offers anonymity but also becomes compliant in these actions as well.

Bookmeyer is accountable to the citizen of this city for his actions 24/7; Kuhn is responsible to his employer for much the same reasons. Henkel has a long standing reputation in this area for excellence. Public displays of belligerence and intoxication should not be tolerated or condoned by either party.

Source:
Iowa Code/201 1 IOWA CODE/Statutes (Code Chapters & Sections)/TITLE II ELECTIONS AND OFFICIAL DUTIES/SUBTITLE 2 PUBLIC OFFICERS AND EMPLOYEES/CHAPTER 66 REMOVAL FROM OFFICE/66.1A Removal by court.

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.
[S13, §1258-c; C24, 27, 31, 35, 39, §1091; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §66.1] C2001, §66.1A
Impeachable officers, Iowa Constitution, Art. III. §20
© Iowa Legislature
Source:
Iowa Code/201 1 IOWA CODE/Statutes (Code Chapters & Sections)/TITLE II ELECTIONS AND OFFICIAL DUTIES/SUBTITLE 2 PUBLIC OFFICERS AND EMPLOYEES/CHAPTER 66 REMOVAL FROM OFFICE/66.3 Who may file petition.
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.
[S13, §1258-d; C24, 27, 31, 35, 39, §1093; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §66.3] 2001 Acts, ch 56, §6
© Iowa Legislature

 

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