Does an Elected Official's (Auditor) authority to establish
the hours of work for the office override the provisions of
the contract?
The facts in Scott County revealed that the Auditor granted its enployees
more holidays than the number of holidays contained in the negotiated con-
tract. In Scott County, the Board citied Senate File 130 (Acts of the Iowa
69th General Assembly, 1981 Regular Session), which implemented Iowa County
Home Rule. Senate File 130 became effective July 1, 1981, and stated, in
part:
NEW SECTION. DUTIES AND POWERS RELATING TO COUNTY
AND TOWNSHIP OFFICERS AND EMPLOYEES.
1. The board shall:
* * * *
9. Carry out the duties of a public employer to
engage in collective bargaining in accordance
with Chapter 20.
The Board therefore concluded:
Senate File 130 establishes that the Board of
Supervisors — and not the individual elected
officers — enters into collective bargaining agree-
ments on behalf of the county. In this instance the
Board of supervisors entered into a collective bar-
gaining agreement which established the hours of
work and prescribed county-wide holidays, both
mandatory subjects of bargaining. We can find no
authority, statutory or otherwise, for an office
holder to override the terms of such an agreement.
(Emphasis Added). (Scott County at p. 3).
The Board also held:
A unilateral change in a condition of employment
(ie. hours, or holidays) during the term of a con-
tract without first negotiating the change, is a
potential prohibited practice under Chapter 20.
That an elected office holder causes this violation
rather than another employee of the Board of Super-
visors, does not indemnify a county from charges of
of violating Chapter 20. It would render Chapter
20 unenforceable if a county employer was not held
responsible for the actions of all its officers,
elected or appointed alike. (Scott County at p. 4)
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