Iowa Code

Iowa Code § 331.903 (2026)

Appointment of deputies, assistants, and clerks

✓ current as of July 2026

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1. The auditor, treasurer, recorder, sheriff, and county attorney may each appoint, with approval of the board, one or more deputies, assistants, or clerks for whose acts the principal officer is responsible. The number of deputies, assistants, and clerks for each office shall be determined by the board and the number and approval of each appointment shall be adopted by a resolution recorded in the minutes of the board.

2. When an appointment has been approved by the board, the principal officer making the appointment shall issue a written certificate of appointment which shall be filed and kept in the office of the auditor. A certificate of appointment may be revoked in writing by the principal officer making the appointment, which revocation shall also be filed and kept in the office of the auditor.

3. Each deputy officer shall give bond in an amount determined by the officer who has the authority to approve the bond of the deputy’s principal officer, with sureties to be approved by that officer. Upon approval, the bond shall be filed and kept in the office of the auditor. Each deputy officer shall take the same oath as the deputy’s principal officer which shall be\n\nTue Dec 09 22:15:28 2025 Iowa Code 2026, Chapter 331 (101, 6) §331.903, COUNTY HOME RULE IMPLEMENTATION 146\n\nendorsed on the certificate of appointment. The bond of a deputy sheriff shall be either a bond or liability policy as required by the sheriff with the approval of the board.

4. Each deputy officer, assistant and clerk shall perform the duties assigned by the principal officer making the appointment. During the absence or disability of the principal officer, the first deputy, or designee in those instances where there is no first deputy or in the absence or disability of the first deputy, shall perform the duties of the principal officer.

5. The auditor may also appoint temporary assistants as provided in section 331.503 and the county attorney may appoint temporary assistants or a full-time prosecutor as provided in section 331.757.

6. The maximum age for a person to be employed as a deputy sheriff appointed pursuant to this section is sixty-five years of age. [C51, §411, 412, 415, 416; R60, §642, 643, 646, 647, 2069; C73, §766, 767, 769, 770, 1770; C97, §298, 303, 481, 491, 496, 510, 2734; S13, §303-a, 496; SS15, §298, 481, 491, 496, 510-b, 2734-b; C24, 27, §5238 – 5244; C31, 35, §5238 – 5241, 5241-d1, 5242 – 5244; C39, §5238 – 5241, 5241.1, 5242 – 5244; C46, 50, 54, 58, 62, 66, 71, 73, 75, §341.1 – 341.8; C77, 79, 81, §341.1 – 341.9; S81, §331.903; 81 Acts, ch 117, §902] 83 Acts, ch 186, §10098, 10201; 86 Acts, ch 1061, §1; 94 Acts, ch 1173, §31; 98 Acts, ch 1183, §112 Referred to in §97B.49C, 97B.49G, 331.502, 331.503, 331.553, 331.603, 331.652, 331.758 \n

Notes of Decisions

Cited in 8 cases, 1989–2019 · leading case: Van Arkel v. Warren Cnty., 365 F. Supp. 2d 979 (S.D. Iowa 2005).

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Van Arkel v. Warren Cnty., 365 F. Supp. 2d 979 (S.D. Iowa 2005). · cites it 12× “24, 2004) (rejecting argument that defendants were liable for failing to revoke appointment pursuant to Iowa Code § 331.903 (2), noting the revocation provision was directory and such failure did not prejudice plaintiff).”

Norton v. Adair Cnty., 441 N.W.2d 347 (Iowa 1989). · cites it 6× “See Iowa Code § 331.903 (2). Here there is no dispute that the revocation was in writing.”

Shepard v. Wapello Cnty., 303 F. Supp. 2d 1004 (S.D. Iowa 2003). · cites it 4× “Iowa Code § 331.903 (1). Second, they rely on the fact the Wapello County supervisors have issued an employee handbook generally applicable to all county employees as evidence of their authority.”

Polk Cnty. Conf. Bd. v. Sarcone, 516 N.W.2d 817 (Iowa 1994). · cites it 2× “He further asserted that as the principal officer responsible for his assistants, he had the authority, pursuant to Iowa Code section 331.903(1), to appoint those assistants.”

Richter v. Shelby Cnty., 745 N.W.2d 505 (Iowa 2008). · cites it 2× “756(6) because Butler was appointed as a deputy sheriff under Iowa Code section 331.903, a provision which is found in a division of the Iowa Code entitled “County Officers.”

Eugene C. Rhinehart v. Marshall Cnty., Iowa, & Marshall Cnty. Bd. of Supervisors (Iowa Ct. App. 2017). · cites it 8× “652 sets forth the “General powers of the sheriff” and provides, in part: “Subject to the requirements of chapter 341A and section 331.903, the sheriff may appoint and remove deputies, assistants, and clerks.”

Darling v. Boecker (N.D. Iowa 2019). · cites it 2× “” Iowa Code § 331.903 . The annual salary of assistant county attorneys is determined by the county attorney within the budget set for the county attorney’s office by the board.”

David E. Richter & Lori Falk-goss Vs. Shelby Cnty., Iowa (Iowa 2008). · cites it 2× “756(6) because Butler was appointed as a deputy sheriff under Iowa Code section 331.903, a provision which is found in a division of the Iowa Code entitled “County Officers.”

— Iowa Code § 331.903(1) — 2 cases

Polk Cnty. Conf. Bd. v. Sarcone, 516 N.W.2d 817 (Iowa 1994). “He further asserted that as the principal officer responsible for his assistants, he had the authority, pursuant to Iowa Code section 331.903(1), to appoint those assistants.”

Eugene C. Rhinehart v. Marshall Cnty., Iowa, & Marshall Cnty. Bd. of Supervisors (Iowa Ct. App. 2017). “652 sets forth the “General powers of the sheriff” and provides, in part: “Subject to the requirements of chapter 341A and section 331.903, the sheriff may appoint and remove deputies, assistants, and clerks.”

— Iowa Code § 331.903(2) — 1 case

Van Arkel v. Warren Cnty., 365 F. Supp. 2d 979 (S.D. Iowa 2005). “24, 2004) (rejecting argument that defendants were liable for failing to revoke appointment pursuant to Iowa Code § 331.903 (2), noting the revocation provision was directory and such failure did not prejudice plaintiff).”

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