Sources of the Law New County Officials School

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Presentation transcript:

Sources of the Law New County Officials School David Vestal, ISAC Deputy Director January 22, 2003

What are my Goals Today? To introduce you to the various bodies of law To explain how you can access that law

Class is divided into five parts: Statutes Attorney Generals Opinions Administrative Law Court Decisions County Home Rule

Statutes Four volume hardbound set 2003 edition just published Code Index Updated by 2003 Code Supplement Session Laws Code Annotated-includes court decisions

Chapter 331 Most important chapter for county officials Includes structure of county government Lists duties of BOS and all other elected officials

Contains duties pertaining to Finances and Budgeting Not Just Chapter 331 356 Jails 335 Zoning 350 Conservation Boards 137 Boards of Health 222-230 Mental Health 125 Substance Abuse

Iowa Code on the Web: www.legis.state.ia.us

Rules of Statutory Interpretation

Look to Chapter 4 “Shall” imposes a duty prospective statutes irreconcilable statutes

Attorney General Opinions Written Legal Opinions issued by the Attorney General Not Binding Requests submitted by county attorneys or legislators

What Subjects Do They Cover? Many issues of interest to counties

How Can We Review Them? Published Summarized in The Iowa County magazine Available in County Law Library Can be requested at (515) 281-5166

Iowa Administrative Code Administrative Rules Adopted by State Agencies Must be Based on State Law Force and Effect of Law

Jet Ski Operators Must have 20 hours of instruction Provided by DPS

What Don’t We Know? What course will consist of? How do you prove you took the course? Who can teach the course? Can the DPS charge a fee for the course? Where will it be offered?

How Are Administrative Rules Adopted? Chapter 17A of the Iowa Code Notice of Intended Action Public Hearing Final Rule Filed Emergency Rules Administrative Rules Committee

How Are Rules Published? 22 Volume Iowa Administrative Code Available in county law library Organized by state agency Statues Implemented Section Available online at www.legis.state.ia.us

Court Decisions State Courts Iowa Court of Appeals Iowa Supreme Court

Federal Courts: US District Courts for Northern and Southern Districts 8th Circuit Court of Appeals

Where are Iowa Supreme Court cases published? Northwestern Reporter Oliver v. Sioux City Community School District 389 N.W. 2d 665 Available online: judicial.state.ia.us

County Home Rule Dillon Rule Adopted in 1978 Article III, sec. 39A of Iowa Constitution

What is Home Rule? Counties can now do anything they want, unless it is specifically prohibited by state law Implemented as Chapter 331

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