TAYLOR COUNTY BOARD OF SUPERVISORS

RESOLUTION NO.  2023-06 #

Resolution to Fill Vacancy in the Office of County Auditor

WHEREAS Bethany Murphy has resigned #

her position as Taylor County Auditor and said resignation became effective on November 15, 2022;

WHEREAS Iowa Code § 331.501(1) #

notes that if a vacancy occurs in the office of the county auditor, then a successor shall be appointed to the unexpired term as provided in chapter 69;

WHEREAS under Iowa Code § 69.2(1)(d) #

a vacancy occurs in the event of the resignation of the incumbent, and for purposes of this statute;

WHEREAS Iowa Code § 69.8(3) #

directs that vacancies in county offices shall be filled by the board of supervisors, unless an election is called as provided in § 69.14A;   

WHEREAS the procedures for the filling #

of the position of an elected county officer are set forth in Iowa Code § 69.14A.  Because the county auditor’s office is listed in Iowa Code § 39.17, this office shall be filled pursuant to § 69.14A(2). 

WHEREAS Iowa Code § 69.14A(2)(a) #

requires that, within forty (40) days after the vacancy occurs, the board of supervisors shall appoint a successor to the office.  Such appointee would fill the office until the next pending election. This section further provides that the person so appointed shall have actually resided in the county sixty (60) days prior to appointment.

WHEREAS the Board #

finds that Corey Leftwich has been a resident of Taylor County for sixty (60) days prior to appointment;   

WHEREAS the Board #

further finds that Corey Leftwich is qualified to perform the duties and responsibilities of the county auditor, and he is willing to serve in this position;

WHEREAS the Board further #

finds that it is necessary for the Board of Supervisors to appoint a person to fill the vacancy in the office of county auditor;

WHEREAS the Board therefore #

finds that Corey Leftwich is a qualified person to fill the vacancy in the office of county auditor; and

IT IS THEREFORE RESOLVED #

that pursuant to Iowa Code § 69.14A(2)(a), the Board hereby appoints Corey Leftwich to the office of Taylor County Auditor, such appointment to begin on December 15, 2022, and extend until the expiration of the current term of office following the next pending election, which will be held in November of 2024. 

IT IS FURTHER RESOLVED #

that if a legally adequate petition for special election is filed by 4:30 p.m. on December 29, 2022, then this appointment shall be temporary and last until the winner of said election takes office.  If no such petition is filed, then upon the expiration of said deadline, the appointment shall no longer be temporary, and Corey Leftwich will thereafter serve as Taylor County Auditor until the end of the current term of office.

IT IS FURTHER RESOLVED #

that Corey Leftwich’s compensation pursuant to this appointment shall be that of the county auditor for this county, as previously determined according to the County Compensation Board, the Taylor County Board of Supervisors, and the approved budget for that office.

Dated this 15th day of December, 2022.