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Linn Co. Auditor Loses Lawsuit Appeal
CEDAR RAPIDS (CBS 2/FOX 28) --
The Iowa Court of Appeals has ruled against Linn County Auditor Joel Miller.
Miller appealed a decision by Linn County District Court that said he did not have the power to hire a deputy auditor to conduct internal government audits.
The Appeals Court today upheld that ruling.
In a statement, Miller says:
"I am disappointed in the Court of Appeals decision, not only because of the result, but also because it appears the Court did not carefully analyze the issues and chronology of events, and cite the proper legal references.
For example, I presented my appointment of a deputy to the Board for approval in the same manner as all other appointments and personnel actions were presented to the Board, i.e., via the HR Director who reports to the Board, who withheld my appointment form from consideration by the full Board under the likely direction of a Board member.
For example, I presented a bill for the services of a temporary assistant to the Board for payment. Only after the Board refused to approve the payment to the assistant did I withdraw my bill for the assistants services. And the only reason I withdrew the bill was to allow the assistant to return to her previous position in the bargaining unit so she would not suffer economic harm.
For example, the Court's Opinion refers to the 1968 Home Rule Amendment to the Iowa Constitution. The 1968 Amendment granted Municipal Home Rule for cities, school districts and other political subdivisions, other than counties. This case involves the 1978 Amendment, which granted County Home Rule.
I intend to confer with legal counsel as to whether to apply to
the Iowa Supreme Court for further review. However, I understand that in May of
this year the Iowa Supreme Court changed its standards for granting further
review. The Supreme Courts review is now discretionary and you can no longer
seek further review just because the Court of Appeals decision was in error."