Fate of county’s minimum wage raise for Iowa City still in doubt

IOWA CITY - With Johnson County's measure requiring a higher minimum wage taking effect soon, Iowa City's attorney advised City Council members Thursday she does not believe the ordinance would survive a legal challenge.

Council members in the county's largest community are set to discuss whether they will follow along with the rules or essentially opt out.

While a formal vote by the Iowa City Council on the ordinance still is a little ways off, agenda materials released Thursday show council members are getting different legal advice than did county supervisors.

The county ordinance will raise the minimum hourly wage of $7.25 in phases starting next month to $10.10 by 2017. It applies throughout the county, except in cities that vote otherwise.

In response to a City Council request last month to look into the ordinance, Iowa City Attorney Eleanor Dilkes said she does not feel a local minimum wage ordinance would withstand a challenge in Iowa court because of an exception to home rule authority.

The exception has to do with when counties can and cannot enact laws governing civil relationships - such as a wage ordinance.

But the language of the provision is imprecise, and appears to never have been tested in Iowa appeals courts.

Both Dilkes and Johnson County Attorney Janet Lyness analyzed the same exception - and how courts in other states have dealt with the issue - and reached different conclusions.

Ultimately, the City Council will decide what direction to take in Iowa City. On Tuesday, the council will discuss its options, which include allowing the county ordinance to take effect in the city, or passing a counter ordinance.

The Solon City Council passed an ordinance last month - and Swisher is set to discuss a similar ordinance in the coming weeks - to stick with the state and federal $7.25 minimum wage,

Hills has supported the county ordinance, while other councils continue to discuss it.

The county's largest employer, the University of Iowa, is considered a state entity and therefore must abide by state rules, UI officials have said. But much of the UI's workforce earns more than the minimum wage already.