Humboldt Ward 1 City Council member Steve Boomgarden reported this week that he is strongly considering resigning from the Humboldt City Council in favor of keeping a part-time zoning administrator position with the city, a post he has held for the past year.
During Monday's Humboldt City Council meeting, it was discussed that Boomgarden could probably not keep both jobs and be in compliance with the Code of Iowa.
Boomgarden said as much as he has enjoyed serving on the Humboldt City Council, he would probably have to the choose the higher-paying zoning position.
According to Iowa Code Section 372.15, subsection 8, “Except as provided in Section 362.5, an elected city officer is not entitled to receive other compensation for any other city office or city employment during that officer’s tenure in office, but may be reimbursed for actual expenses incurred.”
Section 362.5, subsection 3a, lists an exception to the law as “the payment of lawful compensation of a city officer or employee holding more than one city office or position, the holding of which is not incompatible with another public office or is prohibited by law.
Humboldt City Administrator Aaron Burnett said City Attorney Eric Eide had assumed that Boomgarden’s dual position as city council member and city building administrator was acceptable under the exception clause, but now tells the city that Boomgarden cannot serve in that capacity.
If Boomgarden resigns, the city would need to appoint someone to the position, or hold a special election. Ward 1 covers the southwest section of the city.