(Update 11:18-a.m.) Atlantic City Administrator John Lund today (Friday) issued a statement with regard to a matter involving Councilperson Ashley Hayes:

“In further reviewing the issue, the City concedes that Councilwoman Hayes should resign in light of the fact that she no longer resides in the district that she currently represents. However, we dispute the Auditor’s Office assertion that Iowa Code dictates automatic vacancy. Iowa Code 69.02(1) and 69.02(2) are enclosed in their entirety. The first section shows cause of vacancy with the second section outlining process. (See the entire Code section below)

However, the process is not self-executing and there is currently no vacancy. Iowa Code 69.02 states “the entity or officer responsible for making an appointment to fill the vacancy shall decide whether a vacancy exists.” The City has sole authority as to how to determine the vacancy and to address the vacancy, if and when it is declared. The declaration will be forthcoming from Councilwoman Hayes at the next City Council meeting and the Council will make the determination within the timeline dictated in 69.02(2) of the Iowa Code whether to fill this by appointment or special election.”

Hayes moved out of her 3^rd Ward residence to a residence in the 1^st Ward in December 2018, but no one was appointed, and there was no special election held to take her place, as required by Iowa Code. Cass County Deputy County Auditor Sheri Karns said the Auditor’s Office told KJAN News that someone dropped the ball.

(She says they have addressed the issue with the City, and a meeting was schedule City Attorney Mark Bosworth, who was expected to meet with City Officials today.)

Karns said the matter should have been handled immediately.

(Karns said Hayes changed her voter registration, so the vacancy notification should have been made at that time. Karns said she wasn’t sure when the City was made aware of Hayes’ move and change of voter registration, but “When the City was made aware that she moved out of her Ward, it should have been declared a vacancy, yes.”)

Councilperson Ashley Hayes (Official City photo)

Hayes announced on social media in April, that she would not be seeking re-election in November. Her current term would have expired Jan. 1, 2020.

IA Code 69.2

What constitutes vacancy — hearing — appeal.

1. Every civil office shall be vacant if any of the following events occur:
2. A failure to elect at the proper election, or to appoint within the time fixed by law, unless the incumbent holds over.
3. A failure of the incumbent or holdover officer to qualify within the time prescribed by law.
4. The incumbent ceasing to be a resident of the state, district, county, township, city, or ward by or for which the incumbent was elected or appointed, or in which the duties of the office are to be exercised. This subsection shall not apply to appointed city officers.
5. The resignation or death of the incumbent, or of the officer-elect before qualifying.
6. The removal of the incumbent from, or forfeiture of, the office, or the decision of a competent tribunal declaring the office vacant.
7. The conviction of the incumbent of a felony, an aggravated misdemeanor, or of any public offense involving the violation of the incumbent’s oath of office.
8. The board of supervisors declares a vacancy in an elected county office upon finding that the county officer has been physically absent from the county for sixty consecutive days except in the case of a medical emergency; temporary active military duty; or temporary service with another government service, agency, or department.
9. The incumbent simultaneously holding more than one elective office at the same level of government. This subsection does not apply to the county agricultural extension council or the soil and water conservation district commission.
10. An incumbent statewide elected official or member of the general assembly simultaneously holding more than one elective office.
11. If the status of an officeholder is in question, the entity or officer responsible for making an appointment to fill the vacancy shall decide whether a vacancy exists. The appointing entity or officer may act upon its own motion. If a petition signed by twenty-five registered voters of the jurisdiction is received, the appointing entity or officer shall convene within thirty days to consider whether a vacancy exists. The appointing entity or officer shall publish notice that a public hearing will be held to determine whether a vacancy exists. The notice shall include the time and place of the hearing and the name of the office and the officeholder whose status is in question. The public hearing shall be held not less than four nor more than fourteen days after publication of the notice. The officer whose status is in question shall be notified of the time and place of the hearing. Notice shall be sent by certified mail and must be postmarked at least fourteen days before the hearing. No later than seven days after the public hearing, the appointing entity or officer shall publish its decision. If the appointing entity or officer decides that the office is vacant, the publication shall state the date the vacancy occurred and what action will be taken to fill the vacancy.