ATLANTIC - The Cass County Board of Supervisors are expected to consider formally accepting County Attorney Dave Wiederstein’s resignation and the procedure for replacing him at next week’s regular Board of Supervisors meeting.
Last week, citing a concern over the number of prosecutions in the county and possible staffing issues, the Board voted unanimously to make the job a position full-time despite Wiederstein’s objections. A week later Wiederstein announced his resignation effective Jan. 1, 2018.
“As you all know, I have no interest or desire in being the full-time County Attorney,” he wrote in his resignation letter.
Under Iowa law - unlike a part-time County Attorney - a full-time County Attorney cannot have a private practice, an issue that played into Wiederstein’s decision.
“Most County Attorneys realize that they will not hold the office for the length of their career and almost all would agree that the rural Iowa County Attorney position is not a full-time job,” he wrote in a letter to the News Telegraph last week. “By making the county attorney a full-time position, it will only cost more money to the taxpayer and limit the number of attorneys interested in taking on this important role. This is not what this community voted for in the last election and it is not what this community deserves.”
On Wednesday, the Board reviewed the process for filling the position which includes two options, filling the seat by appointment or through a special election.
Cass County Auditor Dale Sunderman told the board that according to state law the position cannot be filled until it has been vacated - so after Jan. 1, 2018. That raised concerns from board members that there could be a gap before a new attorney is appointed.
“I know everyone sitting at this table is thinking we don’t want gaps where there is not a County Attorney,” Supervisors Steve Baier said. “We want to do all the necessary steps so that come Jan. 1, 2018 we can immediately take action to fill that position so that we don’t have it sitting vacant.”
Should the Board decide to fill the position by appointment, once the position is vacant the board will have 40 days to make the appointment. The candidate must be a resident of the county at the time of appointment and will hold the job until the next election.
The public will have 14 days from the publication of the official notice to fill the seat through appointment and 14 days after the appointment is made to petition for a special election to fill the seat.
It was unclear if the board, once the decision had been made to fill the seat through appointment, could begin seeking applicants prior to the seat actually being vacant in order to make an appointment as soon as possible after Jan. 1.
The board may also call for special election rather than filling the position though appointment.
The Board is expected to consider its options next week.
