Category: Attorney General Opinions & HSEMD Advice
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Does the EMC have authority to issue bonds to purchase a radio as a "municipality" given its designation as such under Iowa Code section 29C.17(2)

Does a county board of supervisors {BOS) have the power to veto, modify, or amend a supplemental special levy certified by the EMC in Iowa Code section 29C.17(2)(a)?

Does each individual EMC entity have a duty to impose a supplemental levy?

Is there a funding cap for a county supplemental levy?

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Created 12-11-2017
Changed 01-04-2018
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In 1998, this Office issued a formal Attorney General's Opinion on the question of whether a local emergency management commission needs approval from the county board of supervisors in order to levy a special tax for funding its services. ...this Office concluded that a "county emergency management commission needs approval from the county board of supervisors in order to levy a special tax for funding its services."

Last year, however, the Iowa Legislature amended section 29C.l7(2)(a)...the Legislature struck the requirement that the special levy be approved by the county board of supervisors. The amended statutory language appears to be fairly straightforward and speaks for itself.

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Created 02-12-2013
Changed 02-07-2017
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Created by IEMA Online Media Committee
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We feel that it would be best to maintain the fund as a separate fund and make any short or long-term investments separately from county fund investments.

It is our opinion that this language entitles the local emergency management fund to retain the interest earnings.

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Created 12-22-2000
Changed 12-06-2016
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Created by IEMA Online Media Committee
Downloads 181

County supervisors lack statutory authority to place a local emergency management commission, comprised of representatives from the county as well as from cities within the county, under the control of the county sheriff or some other county office. (Kempkes to Wolf, Clinton County Attorney, 9-21-00) #00-9-2(L)

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Created 09-21-2000
Changed 12-06-2016
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A county emergency management commission needs approval from the county board of supervisors in order to levy a special tax for funding its services. (Kempkes to Gordon, Administrator, Emergency Management Division, Iowa Department of Public Defense, 7-8-98)

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Created 07-08-1998
Changed 12-06-2016
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We advise that a participating jurisdiction cannot reduce or withdraw its share of funding from an emergency management commission after the commission budget has been certified to the board of supervisors. (Farrell to Gordon, Administrator, Emergency Management Division, Iowa Department of Public Defense, 4-16-93)

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Created 04-16-1993
Changed 11-08-2017
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A city may not withdraw from a statutorily mandated joint disaster services administration. In the event that other funds are not available by voluntary contributions from participating cities and the county, the joint administration has the authority to adopt a budget and certify that budget to the county board of supervisors which will levy sufficient taxes to satisfy the certified budget. (Robinson to Wilson, Jasper County Attorney, 2-20-92)

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Created 02-20-1992
Changed 12-06-2016
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Created by IEMA Online Media Committee
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Serving Iowa since 1962

Preparedness

“Preparation through education is less costly than learning through tragedy.”

― Max Mayfield
Former Director
National Hurricane Center