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Board, how many to

compose.

Qualifications.

Term of office.

When

number in

decreased, what Board must do.

SECTION 4025. When number increased or decreased, what Board

must do.

4026. Vacancy in Board, how filled.

4027. Members, how classified for election.
4028. Chairman, permanent and temporary.
4029. Clerk, who is, and his compensation.

4030. Duties of Clerk.

4031. Books to be kept by the Board.

4032. Regular meetings fixed.

4033. Other regular meetings may be fixed.

4034. Special meetings, how called.

4035. Meetings and records public.

4022. Each county must have a Board of Supervisors, consisting:

1. In counties of the first class, of seven members; 2. In counties of the second class, of five members; 3. In counties of the third class, of three members.

NOTE.-See notes to Secs. 4000-4003. In Waugh vs. Chauncey, 13 Cal., p. 12, it was said by the Court that "the Board of Supervisors is a special tribunal, with mixed powers-administrative, legislative, and judicial-and jurisdiction over roads, ferries, and bridges is given it by the statute." What is here said with special reference is true generally.

4023. Each member of a Board of Supervisors must be an elector of the district he represents.

4024. The term of office of a Supervisor is three years.

NOTE.--One who is not a Supervisor, but acts in the capacity of one, cannot be enjoined.-Trinity County vs. McCummon, 25 Cal., p. 117.

4025. If, under the classification, the number of creased or Supervisors of any county is either increased or diminished, the Board of Supervisors must re-district the county into Supervisor districts, as nearly equal in population as may be, to correspond with the number of Supervisors to which it is, under the new classification, entitled. If the number is increased, at the first general election thereafter Supervisors must be elected for such new districts in which no Supervisors then act

ing reside; and if the number is decreased, no successors must be elected for Supervisors whose terms expire until the number is decreased to that to which the county is entitled.

NOTE.-Stats. 1855, p. 51, Sec. 2.

Board, how

4026. Whenever a vacancy occurs in the Board of Vacancy in Supervisors, from a failure to elect or otherwise, the filled. County Judge must fill the vacancy by appointing for the unexpired term some qualified elector of the district in which the vacancy occurs.

how classi

fied for

election.

4027. The members of the Board of Supervisors Members, must be by themselves so classified that a number as nearly equal as may be must be elected each year; the member longest in commission is the Chairman of the Board; and when two or more commissions. expire at the same time, the Board must elect a Chairman from those holding the oldest commissions. A Supervisor appointed to fill a vacancy is not the holder of the oldest commission, under this section, unless all the Supervisors are similarly situated.

NOTE.-Stats. 1855, p. 52, Sec. 6; 1857, p. 153, Sec. 2; 1858, p. 337, Sec. 6.

permanent

temporary.

4028. The Chairman must preside at all meetings Chairman, of the Board, and in case of his absence or inability and to act, the members present must, by an order, select one of their number to act as Chairman temporarily. Any member of the Board may administer oaths to any person concerning any matter submitted to them or connected with their powers or duties.

NOTE.-Rev. Stats. Iowa, p. 49, Sec. 308.

4029. The Clerk of the county is ex officio Clerk of the Board of Supervisors. The records must be signed by the Chairman and the Clerk. The Clerk must be paid such compensation as is provided by law, in full for all services as Clerk of the Board.

NOTE.-Stats. 1855, p. 52, Secs. 6, 7.

Clerk, who compensa

is, and his

tion.

Duties of
Clerk.

Books to be kept by the Board.

4030. The Clerk of the Board must:

1. Record all the proceedings of the Board;

2. Make full entries of all their resolutions and decisions on all questions concerning the raising of money for, and the allowance of accounts against the county;

3. Record the vote of each member on any question upon which there is a division, or at the request of any member present;

4. Sign all orders made and warrants issued by order of the Board for the payment of money, and when he is not also the County Auditor, certify the same to that officer;

5. Record the reports of the County Treasurer of the receipts and disbursements of the county;

6. Preserve and file all accounts acted upon by the Board;

7. Preserve and file all petitions and applications for franchises, and record the action of the Board thereon;

8. Record all orders levying taxes; and,

9. Perform all other duties required by law or any rule or order of the Board.

NOTE. Rev. Stats. Iowa, 1860, p. 52, Sec. 319; Stats. 1855, p. 52, Sec. 6.

4031. The Board must cause to be kept:

1. A "Minute Book," in which must be recorded all orders and decisions made by them, and the daily proceedings had at all regular and special meetings.

2. An "Allowance Book," in which must be recorded all orders for the allowance of money from the County Treasury, to whom made, and on what account, dating, numbering, and indexing the same through each year.

3. A "Road Book," containing all proceedings and adjudications relating to the establishment, maintenance, change, and discontinuance of roads, road districts, and Overseers thereof, their reports and accounts.

4. A "Franchise Book," containing all franchises Same. granted by them, for what purpose, the length of time and to whom granted, the amount of bond and license tax required.

5. A "Warrant Book," to be kept by the County Auditor, in which must be entered, in the order of drawing, all warrants drawn on the Treasury, with their number and reference to the order on the minute book, with the date, amount, on what account, and name of payee.

meetings

NOTE.-Rev. Stats. Iowa, 1860, p. 52, Sec. 318. 4032. The regular meetings of the Boards of Regular Supervisors must be held at their respective county fixed." seats on the first Mondays in May, August, November, and February of each year, and must continue from time to time until all the business before them is disposed of. Such other meetings must be held, to canvass election returns, equalize taxation, and other purposes, as are prescribed in this Code or provided for by the Board.

NOTE.-Stats. 1861, p. 511, Sec. 1; 1867-8, p. 541,

Sec 1.

regular

may be

4033. In the counties of the first and second Other classes additional regular meetings, not exceeding two meetings in each year, may be provided for, fixed, and held for fixed. the transaction of business by an order duly entered of record, in which must be specified the character of business to be transacted at such additional regular meetings, and none other than that specified must be transacted. Notice of the order fixing such additional meetings must be published for four weeks, in a paper published in the county, before the ordinance is effective.

meetings,

4034. If at any time after the adjournment of a Special regular meeting the business of the county requires a meeting of the Board, a special meeting may be

how called.

Meetings and records public.

ordered by a majority of the Board. The order must be entered of record, and five days notice thereof must, by the Clerk, be given to each member not joining in the order. The order must specify the business to be transacted, and none other than that specified must be transacted at such special meeting. NOTE.-Stats. 1855, p. 52, Sec. 5.

4035. All meetings of the Board must be public, and the books, records, and accounts must be kept at the office of the Clerk, open at all times for public inspection free of charge.

NOTE.-Stats. 1855, p. 52, Secs. 6-8.

ARTICLE II.

GENERAL PERMANENT POWERS.

SECTION 4046. General permanent powers.

1. To supervise official conduct of county officers.

2. To district county.

3. To create election precincts.

4. Roads, bridges, etc.

5. Indigent sick.

6. To provide county farm.

7. To provide rooms for county purposes.

8. Acquire property for the county.

9. Provide county buildings.

10. May sell county property.

11. Audit accounts of officers.

12. Allow accounts.

13. Levy tax for current expenses.

14. Board of Equalization.

15. To direct legal proceedings.

16. To insure property.

17. To grant franchises.

18. Fix compensation of officers.

19. To fill vacancies.

20. To ordain health regulations.

21. To contract for printing.

22. To publish proceedings.

23. May ordain certain regulations.

24. May ordain rules to govern Board.

25. May provide a seal.

26. May do all other acts required or necessary.

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