State of Iowa v. Chris Anthony Ward, 15-1471

Chris Ward, former West Liberty city manager, was charged with felonious misconduct in office for instructing utility billing at rates set by a 1998 ordinance (Ordinance 9-98) rather than a 2007 ordinance (Ordinance 2007-01).
Ordinance 9-98 set a Cost of Purchased Energy Index of 2.4¢/kWh; Ordinance 2007-01 set the index at 3.1¢/kWh (which lowered the consumer rate in practice).
The State did not allege Ward personally profited; overcharges were ultimately refunded. The criminal allegation was that Ward falsified a public record by using a rate prescribed by a supposedly repealed ordinance (Iowa Code § 721.1(2)).
Ward moved to dismiss, arguing the 1998 ordinance remained in effect because the 2007 ordinance did not expressly identify and repeal Ordinance 9-98 as required by Iowa Code § 380.2.
The district court denied dismissal, interpreting the 2007 ordinance as effectively amending the earlier ordinance; the Iowa Supreme Court granted discretionary review of an interlocutory appeal.
The court of appeals held the 2007 ordinance did not specifically identify or set forth the 1998 ordinance as amended, so it did not validly repeal 9-98; reliance on an ordinance in effect cannot constitute falsification.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Ward’s use of the 1998 rate could support felonious misconduct for falsifying a public record	2007 ordinance changed the rate, so 1998 ordinance was implicitly repealed; Ward billed under an implicitly repealed ordinance	2007 ordinance did not expressly identify or repeal Ordinance 9-98 as required by statute, so 9-98 remained in effect and Ward’s action was lawful	Court: 2007 ordinance failed to comply with § 380.2; 9-98 remained effective; reliance on it is not falsification; reverse and remand to dismiss charge

Town of Cantril v. Sainer, 12 N.W. 753 (Iowa 1882) (ordinance defective where it did not comply with statutory requirements for enactment)
Glaser v. City of Burlington, 1 N.W.2d 709 (Iowa 1942) (amending ordinance that fails to comply with statutory repeal/amendment procedure does not change original ordinance)
Massey v. City Council of City of Des Moines, 31 N.W.2d 875 (Iowa 1948) (resolution or improperly enacted act cannot repeal or override ordinances required to be changed by statute)
City of Vinton v. Engledow, 140 N.W.2d 857 (Iowa 1966) (conviction under invalid ordinance cannot be sustained)
Town of Decorah v. Dunstan Bros., 38 Iowa 96 (Iowa 1874) (amendment that complies with statutory requirements may impliedly replace prior provision, but only where statutory form is observed)