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HomeMy WebLinkAboutCouncil Packet - 9/17/2018 Council Work Session September 17, 2018 Time indicated below Harold E. Getty Council Chambers Roll Call. Approval of Agenda, as proposed or amended. 4:30 p.m. Discussion of City Council Rules of Procedure. Submitted By: Kelley F elchle, City Clerk ADJOURNMENT Kelley F elchle City Clerk CITY OF WATERLOO Council Communication Discussion of City Council Rules of Procedure. City Council Meeting: 9/17/2018 Prepared: REVIEWERS: Department Reviewer Action Date i` er (..)ince lfigby, 7�aney A.pproved 9/12/2018 ... 11-.08 AM ATTACHMENTS: Description Type Policy 13aach:p:a Material SUBJECT: Discussion of City Council Rules of Procedure. Submitted by: Submitted By: Kelley Felchle, City Clerk Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: City of Waterloo City Council Rules of Procedure Adosokltlan No 201 &...XXX arl 2018 City of Waterloo . • • City Council Rules of Procedure PAGE CHAPTER 1: POLICY PROVISIONS ........................................................................ 1 CHAPTER 2: ROLES AND DECORUM OF ELECTED OFFICIALS.......................... 1 CHAPTER 3: MEETINGS AND AGENDAS...............................................................4 CHAPTER 4: LEGISLATION AND VOTING..............................................................9 CHAPTER 5: PUBLIC PARTICIPATION ................................................................. 13 CHAPTER 6: WATERLOO CITY COUNCIL CODE OF ETHICS............................. 14 APPENDIX A: GUIDE TO MAKING MOTIONS ....................................................... 19 APPENDIX B: CHART OF MOTIONS .....................................................................22 APPENDIX C: MEMBER STATEMENT...................................................................26 li CHAPTER1 1.1 Purpose The purpose of the Waterloo City Council Rules of Procedure (hereafter referred to as the "Rules") is to instill and maintain public confidence in city government by: 1. Promoting the orderly and expeditious process of conducting city business; 2. Protecting the rights of each individual by encouraging public comment and giving every proposition under consideration free and full debate; and 3. Carrying out the will of a majority of the City Council while preserving the rights of all Council members. 1.2 Authority Two sections of Iowa Code grant Council the authority to adopt their own rules of procedure. Iowa Code § 21.7 states, "Nothing in this chapter shall prevent a governmental body from making and enforcing reasonable rules for the conduct of its meetings to assure those meetings are orderly, and free from interference or interruption by spectators," and Iowa Code § 372.13(5) states "the council shall determine its own rules and maintain records of its proceedings." 1.3 Interpretation The City Attorney shall be considered the final authority on any questions regarding the application or interpretation of these Rules. 1.4 Amendments The Rules shall be in effect upon their adoption by resolution and until such time as they are amended. These Rules may be amended at any time by a majority vote of all members of the Council, provided that the proposed amendments have been introduced into the record at a prior meeting. CHAPTER 2 2.1 Form of Government City of Waterloo utilizes a Mayor-Council form of government. In this form, the Mayor is elected at-large, five Council members elected by ward, and two Council members elected at-large. In this form of government, the Mayor cannot vote on a measure. 2.2 Role of Mayor A. The Mayor is the chief executive officer of the City, ceremonial head of the City and, when present at a Council meeting, is presiding officer of the Council. ag 1 B. The Mayor shall supervise and direct all City officers and departments. The Mayor may recommend the appointment of department heads with the approval of Council. The Mayor shall supervise and direct all City officers and departments. The Mayor may take command of the police and govern the City by proclamation, upon making a determination that a time of emergency or public danger exists. Within the City limits, the Mayor has all the powers conferred upon the sheriff to suppress disorders. Iowa Code § 372.14. 2.3 Role of Council Members Council is the legislative body of the City and exercises its powers and duties as a quorum of Council members during open meetings. Iowa Code § 364.2(1) states that "the power of a city is vested in the city council, except as otherwise provided by state law". As a result, Council, as a legislative body, is responsible for enacting laws and setting policy by which the City takes action. 2.4 Gift Law Iowa Code § 68B.22 describes strict requirements regarding the receipt of gifts by public officials, public employees, and their immediate families. Local government employees and elected officials cannot receive gifts from restricted donors. Restricted donors include the following: 1. Those seeking to do business with the City. 2. Those engaged in activities regulated by the City. 3. Those that could be directly financially affected by a City official's performance or nonperformance of a task. Several exceptions apply to the gift law, including items totaling $3.00 or less in value and informational material relevant to a public servant's official functions. Questions concerning gift law should be directed to the Iowa Ethics and Campaign Disclosure Board. 2.5 Council Meeting Decorum A. The presiding officer shall preserve order and decorum, prevent attacks on personalities and the impugning of members' motives, confine members in deliberation and debate to the question under discussion, and decide all questions of order. B. Every member of the public and every Council member desiring to speak shall address the presiding officer, and upon recognition by the presiding officer, shall confine comments to the question under debate, avoiding inappropriate language and personal attacks. Ili a g e II 2 2.6 Speaking A. When two or more Council members address the presiding officer at once, the presiding officer shall name the member who is to speak. Council members should refrain from discourse or cell phone use while another member or the presiding officer is speaking. B. The presiding officer may make a call to order if a Council member violates rules of decorum, and upon such a call the Council member shall immediately cease speaking. The Council member may appeal to the presiding officer for an opportunity to explain the remarks. If no appeal is made, the decision of the presiding officer shall be conclusive, but if the member shall appeal from the decision of the presiding officer, the Council shall decide the question without debate. 2.7 Council Communications with City Staff. A. The City of Waterloo has implemented a Mayor-Council form of government, in which it is the Council's role to serve as the legislative branch of the City and the Mayor role's is to serve as head of the executive branch of the City by overseeing the daily administration of the City. The City staff fall under the executive branch of the City. B. In order to uphold the integrity of the Mayor-Council form of government, and to provide proper checks and balances, members of the Council shall refrain from becoming directly involved in the administrative activities of the City. Council members may make inquiries of staff members or employees, in the limited, legitimate purpose of informing themselves regarding important affairs of an immediate and urgent nature. The Mayor may choose to establish formal procedure for Council-staff interaction and staff support of Council committees. In addition, Council members can fully and freely discuss with the Mayor anything pertaining to City affairs. C. City Council should avoid situations that can result in City staff being directed, intentionally or unintentionally, by one or more members of the Council. While Council member interaction with the City's employees is unavoidable, giving direction in regards to other City employees, duties, working conditions, supervisors, etc., is discouraged. If an employee or staff member voices a concern or complaint with them, Council members may listen to such concerns and complaints, and shall then refer any such complaints back to the Mayor, or if the Mayor is involved in the matter, to the Human Resources Director, for follow up and action if needed. Council members may remind the City's employees that they have a number of resources at their disposal to address employment issues if needed, including the employee handbook, or following the grievance procedures set forth in their collective bargaining agreement in the case of a union employee. This section shall not be construed as prohibiting or discouraging employees from reporting criminal acts or serious acts of personal misconduct that violate the employee handbook. However, the employee should nonetheless be initially referred to the Mayor, or if the Mayor is involved in the matter, to the Human Resources Director. I age II D. In situations in which an employee approaches a Council member and the communication does not involve a complaint or concern with regard to other City employees, duties, working conditions, supervisors, or other terms of employment, Council members may freely speak with the employee. E. If Council members wish to communicate with the City's contracted service providers, the general course of conduct is to send such communication or requests to the Mayor, who will forward the communication to the proper service provider. In situations that are immediate and urgent in nature, Council members may communicate directly with the service provider. CHAPTER 3 3.1 Quorum A majority of the whole number of members of the Council to which the City is entitled shall be necessary to constitute a quorum. The number of members needed for a quorum of the Waterloo City Council is four (4). Less than a quorum may adjourn and compel the attendance of members. Waterloo City Code, § 1-4-2(a). 3.2 All Meetings and Records Open to the Public A. All meetings of the Council, meetings of the City's permanent boards, commissions, standing committees, and all temporary, advisory, and ad hoc committees shall comply with Iowa Code Chapter 21, Iowa Open Meetings Law, and Chapter 22, Iowa Open Records Law. B. All meeting agendas shall be timely posted on the City website and on the lobby wall directly outside the City Clerk's Office located on the first floor of Waterloo City Hall, 715 Mulberry Street, and shall be timely furnished to those media enterprises that have filed a written request for notice with the City. 3.3 Method of Keeping Minutes A. Minutes of all meetings shall be maintained by the City Clerk as a permanent record and shall be available for viewing by any member of the public during normal City Hall business hours as soon as the minutes of the meeting are complete. B. Minutes shall include all information required by Iowa Code § 21.3, including "the date, time and place, the members present, and the action taken at each meeting. The minutes shall show the results of each vote taken and information sufficient to indicate the vote of each member present." A record shall be made of the names and addresses of persons addressing Council and a summary of their remarks. C. Council members must notify the City Clerk prior to the start of the meeting if a correction to the previous meeting's minutes is suggested to allow the City Clerk time to verify if a correction is required. I age II4, 3.4 Order of Seating Council members shall occupy the respective seats in the Council Chambers assigned to them by the Mayor. 3.5 Regular Council Meetings All regular meetings of the Council shall be held in the Harold E. Getty Council Chambers at City Hall, 715 Mulberry Street, Waterloo, Iowa, at 5:30 p.m. on the first four Mondays of each month, unless determined by Council resolution to hold a meeting at another location. If a regular Council meeting falls on a holiday observed by the City, the meeting shall be held on the next succeeding day that is not a holiday at the same hour and location. Cancellation of meetings shall be done by resolution. Notice of a change of meeting place shall be given to the public by publication. Waterloo City Code, § 1-4-1. 3.6 Executive Session Iowa Code § 21.5 outlines specific instances where cities are allowed to discuss city business in executive session prior to voting on the matter in open session. Prior to entering into executive session, the City Attorney will make a statement to the Council and public noting the reason for adjourning to executive session and that the reason complies with a specific section of Iowa Code. Council must then make an affirmative, public vote of the lesser of two-thirds of the members of the body or all of the members present at the meeting to enter into executive session. Once in executive session, discussion must remain germane to the topic for discussion listed on the agenda. Final action on any item must take place in open session. 3.7 Special Council Meetings Special meetings of the Council may be called by the Mayor or by any three (3) Council members, by serving a written notice of the special meeting on each of the Council members, or by leaving a copy thereof at their usual place of residence. Only such business may be transacted at a special meeting of the Council as is mentioned or referred to in the written notice of the meeting. Special meetings of the Council shall be held in the council chambers, unless the Council by resolution designates a different place of meeting. Notice of such change of meeting place shall be given to the public by publication. Waterloo City Code, 1-4-1. 3.8 Work Session Meeting A. Council may conduct work session meetings on matters which are expected to come before Council for formal action at a regular meeting or otherwise need study and advanced consideration by Council. Items to be considered will be listed on the agenda and will note approximate start time for each item following the first. B. At work session meetings the Council will receive information and presentation of issues. Council Members may ask questions and may request that certain information be provided or issues be addressed when items are considered further at a later session meeting or a regular or special meeting of the Council. Council may IPage II5 recommend that matters under consideration be brought forward for formal action at a regular or special meeting, that further study be conducted if appropriate, that matters under consideration not be pursued further (except for matters requiring a public hearing), or that modifications be made before a matter is considered further. C. No formal vote of the Council in favor or against any work session or study session agenda item may be taken at such session, but only at a regular meeting or special meeting of the Council. D. Public comment during work sessions is generally discouraged. Instead, the public is encouraged to contact Council members regarding an item or submit written comment to the City Clerk to keep on file. 3.9 Standing Committees of Council The Mayor shall appoint three or more Council members to standing committees of the Council. Nothing shall preclude the Council from acting as deemed necessary without the input of a committee in the case of an emergency to appropriately and properly conduct the business of the City. Each of the following committees shall specifically be assigned the following responsibilities and other duties as deemed appropriate: 1. Finance Committee: This committee shall review travel requests, budget line item amendments, expenditure pre-authorizations, and refund requests for sanitation services as outlined by the City of Waterloo's Accounting Policies and Procedures Manual. 2. Public Safety: This committee shall review new initiatives and major policy issues relating to the Police and Fire Departments. Issues of environmental concern may also be referred to the committee. Quarterly updates on public safety concerns will be provided to this committee. 3.10 Special Committees The Mayor or the Council may appoint members to temporary advisory or ad hoc committees consisting of Council members, staff and/or private citizens, as deemed desirable and necessary to assist and advise the Council in its work. Members of such committees are required to abide by Iowa Open Meeting Laws. 3.11 Electronic Meeting A meeting of a governmental body may be conducted electronically only when a meeting in person is impossible or impractical and only if: A. The persons participating in the meeting at each location can hear and be heard by all other participants, provided that if any participant is hearing impaired other suitable means of communication are provided. Also see Section 3.14. IFage II B. The governmental body provides public access to the conversation of the meeting to the extent reasonably possible. C. The governmental body complies with Iowa Code § 21.4. For the purpose of this paragraph, the place of the meeting is the place from which the communication originates or where public access is provided to the conversation. D. Minutes are kept of the meeting. The minutes shall include a statement explaining why a meeting in person was impossible or impractical. Iowa Code § 21.8. 3.12 Informal Meetings Council members may hold meetings other than those outlined in this chapter and in the City of Waterloo Code of Ordinances. At such informal meetings, no legislative business may be transacted, and City business cannot be discussed if four Council members are present unless there has been compliance with open meeting laws. At informal meetings where a quorum is not present, Council may receive informational briefings from staff, make site visits, receive public comments, or engage in informal discussion. 3.13 Council Member Absence Council members who are unable to attend a scheduled meeting shall notify the Mayor or City Clerk prior to the meeting. 3.14 Council Participation via Telephone A Council member who is physically unable to attend a meeting may participate via telephone. They must provide a reliable telephone number, join the meeting prior to approving the Consent Agenda, and must remain on the phone for the remainder of the meeting. 3.15 Recommended Order of Business for Regular Meetings The recommended order of business for a regular meeting shall be ordered as follows: Roll Call Prayer or Moment of Silence Pledge of Allegiance Approval of Agenda, as proposed or amended Approval of Minutes of the previous meeting Oral Presentations 1. Mayor/Council Report (first meeting of each month) Consent Agenda The Consent Agenda is reserved for routine resolutions and motions, acted upon by voice vote on a single motion without separate discussion. Council may remove an item from the Consent Agenda and consider it separately. Items that may appear on the Consent Agenda include: IFage 1. Resolution of bills 2. Setting date of public hearing 3. Assessment cancellation 4. Water kill 5. CLURA/CURA applications 6. Waiver for a concrete driveway application 7. Parade route/street closure 8. Noise variance 9. Travel request approval 10. License/Permit approval 11. Board/Commission/Employee appointments 12. Bonds Remainder of the Agenda: 1. Public Hearings 2. Resolutions 3. Ordinances 4. Other Council Business (Reserved for approval of non-routine motions and revocation hearings.) 5. Executive Session 6. Adjournment The Mayor or Council shall have the authority to vary from this recommended schedule to expedite the conduct of business or accommodate persons having business to be considered by Council. 3.16 Affirmative Motions All motions, resolutions, ordinances will be listed on the agenda in the form of an affirmative motion to enact, adopt, approve or other appropriate language. The Council members who move and second the motion are not required to vote in favor of the item during the roll call or voice vote. 3.17 Placing Items on the Agenda A. All agenda items are due to the City Clerk's Office by 10:00 a.m. on the Wednesday preceding the Council meeting. The process for adding items to the agenda varies for staff, council, and citizens. Below are rules for adding items to the agenda. 1. Citizens: Citizens must work with the Council member for their ward, at-large Council members, or the Mayor to add an item to the agenda. Requests for future agenda items can be made during the Oral Comments portion of the agenda. 2. Staff: Staff members are required to submit agenda items using the agenda management software. 3. Council: Council members may submit agenda items to the City Clerk and must do so by the deadline listed in Section A. I age II B. The finalized agenda and packet will be available to the public at the close of business of the Friday preceding the Council meeting. The Mayor has final approval of all items listed on the agenda. The Mayor may withdraw any item prior to the council meeting and must do so in writing in the form of an amendment notice provided to council at the start of the meeting. The amendment notice must include a stated reason for withdrawing the item. Council may choose to keep the item on the agenda by a majority vote. CHAPTER 4 4.1 Presiding Officer A. The Mayor shall be the presiding officer of the Council. In the Mayor's absence, the Mayor Pro Tem shall be the presiding officer, and in the absence of the Mayor and the Mayor Pro Tem the City Clerk shall call the meeting to order, and a temporary presiding officer shall then be selected by majority vote of the Council members present. Upon arrival of the Mayor or Mayor Pro Tem, the temporary presiding officer shall immediately relinquish the chair. If there is an appeal from a decision of the presiding officer, the Council as a whole shall decide the question by majority vote. B. The major functions of the presiding officer during Council sessions are generally to: 1. Call the meeting to order. 2. Announce the order of business as provided in the agenda. 3. State motions on "the table". 4. Put motions to a vote, when appropriate. 5. Announce the Council's decision on all subjects. 6. Prevent irrelevant or frivolous debate or discussion. 7. Maintain order and decorum. 8. Decide all questions of order. 9. Enforce the Council's rules of procedure. 4.2 Debate and Voting A. The Mayor as presiding officer may debate, but may not make a motion or vote. The Mayor Pro Tem as presiding officer or a temporary presiding officer may debate, vote as IPage II9 a regular Council member and retain all the powers of a Council member, including the power to debate and vote on measures. The Presiding Officer is subject to the limitations of debate that are imposed on all Council Members. B. The Mayor Pro Tem or a temporary presiding officer shall be counted as a Council member when determining whether a quorum of the Council exists. C. The Mayor Pro Tem or temporary presiding officer shall affix his or her signature on documents that require the Mayor's signature. With regard to measures passed by the Council, the Mayor Pro Tem may sign the measure or may take no action as provided by Iowa Code § 380.6(3), in which case the measure becomes effective pursuant to said Section. However, the Mayor Pro Tem or temporary presiding officer shall not have the power to veto a measure. In the event the Mayor Pro Tem or temporary presiding officer takes no action on a measure and the Mayor resumes his or her office within fourteen days of the measure's passage by the Council, the Mayor may sign or veto the measure within the fourteen-day period. 4.3 Official Action City Council shall exercise power only by the passage of a motion, a resolution, an amendment, or an ordinance. Iowa Code § 364.3. Instructions for making motions is located in Appendix A, and a chart of motions can be found in Appendix B. 4.4 Motion A motion is a measure passed by the Council directing that a specific action be taken on behalf of the municipality. A motion becomes effective upon passage. A motion, once approved and entered into the record, is the equivalent of a resolution in those instances where a resolution is not required by law. 4.5 Resolution A. A resolution is a formal statement of policy or order for action. Council action shall be taken by resolution when required by law and in those instances where an expression of policy more formal than a motion is desired, or where a more complete written record is appropriate. B. Resolutions require one reading and the approval of a majority of all of the members of the Council. They become effective once signed by the Mayor and are subject to the Mayor's power to veto or take no action. 4.6 Ordinance A. An ordinance is a legislative act prescribing a general, uniform, and permanent rule of conduct relating to the corporate affairs of the municipality. Council action shall be taken by ordinance when required by law or to prescribe permanent rules of conduct which continue in force until repealed. However, the Council is always free to amend any ordinance it may deem appropriate, at any time. IP age II 10 B. All ordinances require three readings to adopt. The second reading must be at least five days after the first reading unless waived. Upon a vote of not less than three- fourths of all of the members of the Council, the rule requiring the second and third readings of an ordinance may be suspended so that Council may proceed with final adoption of the ordinance following its first reading. Iowa Code § 380.3. C. An ordinance signed by the Mayor becomes effective when the ordinance or a summary of the ordinance is published, unless a subsequent effective date is provided within the ordinance or amendment. D. The following procedure shall be followed for adopting an ordinance: 1. The ordinance must be reviewed by the City Attorney or the City Clerk then be placed on Ordinance Committee or work session agenda for review by Council. A draft of the ordinance must be made available to Council members at the time of the meeting. Once approved by Ordinance Committee or recommended to advance at a work session, the ordinance will be placed on the regular meeting agenda the following Monday. 2. The title of each ordinance shall in all cases be read prior to its passage. A Council member may make a motion to amend language in the ordinance prior to the adoption of the first reading. The City Attorney or City Clerk will make a determination of whether the material language of the amendment is appropriate prior to Council members taking a vote. Following approval of the first reading, Council members cannot make motions to amend the proposed ordinance to make material changes to the language. Non-substantive edits such as corrections for spelling or punctuation errors will be allowed. 3. If an ordinance fails at any stage of its adoption, the ordinance shall be considered defeated. 4.7 Mayor's Role in Approving Legislation A. As stated above, the Mayor may veto an ordinance, amendment, or resolution within fourteen days after passage. The mayor shall explain the reasons for the veto in a written message to the council at the time of the veto. Within thirty days after the Mayor's veto, the Council may pass the measure again by a vote of not less than two- thirds of all of the members of the Council. If the Mayor vetoes an ordinance, amendment, or resolution, and the Council repasses the measure after the Mayor's veto, a resolution becomes effective immediately upon re-passage, and an ordinance or amendment becomes effective when the ordinance or a summary thereof is published, unless a subsequent effective date is provided within the ordinance or amendment. B. If the Mayor takes no action on an ordinance, amendment or resolution, a resolution becomes effective fourteen days after the date of passage. An ordinance or amendment becomes effective when the ordinance or a summary of the ordinance is I age II 11 published, but not sooner than fourteen days after the date of passage, unless a subsequent effective date is provided within the ordinance or amendment. 4.8 Tie Vote When a tie vote occurs, the motion fails. 4.9 Motion to Postpone Postponing an item or a motion to a specific date and time ensures that the item or motion will be on the agenda at the adopted date and time. Any item or motion which is to be considered at the next meeting should be postponed to that meeting rather than tabled. 4.10 Abstentions All Council members present at any meeting may disqualify themselves or abstain from voting in case of a conflict of interest, in which case the disqualification shall be publicly declared and a record made thereof. The City Attorney is available to help Council members decide if they should declare an abstention on any issue. 4.11 Conflict of Interest Doctrine A. Public meetings and formal action during those meetings are occurrences where appearances are as important as substance. The test of whether the appearance of a Conflict of Interest is present is as follows: "Would a disinterested person, having been apprised of the totality of a Council member's personal interest in a matter being acted upon, be reasonably justified in thinking that partiality may exist?" B. Prior to taking office each Council member must complete a conflict of interest declaration form. Said forms shall be filed with the Chief Financial Officer, and Council members shall be required to disclose additional conflicts of interest as they arise. 4.12 Conflict of Interest Protests Anyone seeking to disqualify a Council member from participating in a decision based on a Conflict of Interest must raise the challenge as soon as the basis for disqualification is made known or reasonably should have been made known prior to the issuance of the decision. 4.13 Motion to Reconsider A. A motion may be reconsidered at any time during the same meeting of the Council or at the first meeting held thereafter. A motion for reconsideration being once made and decided in the negative, shall not be renewed before the next meeting. A motion to reconsider must be made and seconded by the members who voted on the prevailing side, or by those who were absent and did not vote upon the motion to be reconsidered. Waterloo Code of Ordinances, 1-4-3(f). B. If a motion to reconsider is not made at the first meeting after the meeting at which the item failed, the item shall be considered defeated and shall not be reconsidered unless the Mayor or Council recommend reintroducing the item. IFage II 1 CHAPTER 5 5.1 Rules for Public Participation Iowa Code Chapter 21 gives the public the right to attend Council meetings but it does not require cities to allow public participation except during public hearings. The City encourages the public to participate during the oral presentations segment of the meeting by following the rules listed on the front of the agenda. 1. At the presiding officer's discretion, citizens may address an item on the current agenda by stepping to the podium, and after recognition by the presiding officer shall state their name, address and group affiliation (if appropriate) and speak clearly into the microphone. 2. Citizens may speak one (1) time per agenda item for a maximum of five (5) minutes as long as they have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council meeting. If not registered with the City Clerk's office they may speak one (1) time per agenda item for a maximum of three (3) minutes. 3. If there is a hearing scheduled as part of an agenda item, the presiding officer will allow everyone who wishes to address the Council, using the same participation guidelines found in these "general rules". 4. Although not required by the City's code of ordinances, oral presentations may be allowed at the presiding officer's discretion. The "oral presentations" section of the agenda is a citizen's opportunity to address items not on the agenda. A citizen may speak one (1) time for a maximum of five (5) minutes as long as they have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office a speaker may speak to one (1) issue per meeting for a maximum of three (3) minutes. Official action cannot be taken by the Council at that time on any issue presented, but it may be placed on a future agenda or referred to the appropriate department. 5. Comments must be kept germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 319-291-4323. 7. Registered speakers will be given first priority. 5.2 Violating Rules of Public Participation IP age II 13 Violations of the rules for public participation shall be handled at the presiding officer's discretion. The Chief of Police or designee shall serve as the Sergeant at Arms for meetings of the Council. The presiding officer may direct the Sergeant at Arms to eject anyone from the Council meeting for disruptions of any kind. 5.3 Information Requests Made During the Meeting Citizens and Council members can make requests for information and for investigation into a matter during a Council meeting. Requests for City records made during Council meetings should be treated as a formal request for public records and fulfilled pursuant to Iowa Code Chapter 22. Requests for investigation into a matter should be directed to the Mayor. The Mayor will direct the appropriate Department Head to investigate a matter and make a report to the Mayor. The conclusions of such report will be relayed to the citizen who made the request by the Department Head or Mayor. City staff shall not be expected to provide an immediate answer to a matter presented during a council meeting unless it specifically pertains to an item on the agenda. CHAPTER 6 6.1 Purpose A. The citizens and businesses of Waterloo deserve a fair, ethical, and accountable local government, which has earned the public's full confidence for integrity. The effective functioning of democratic government requires that public officials, both elected and appointed, comply with both the letter and spirit of the laws and policies affecting the operations of government; public officials be independent, impartial and fair in their judgment and actions; public office be used for the public good, not for personal gain; and public deliberations and processes be conducted openly, unless legally confidential, in an atmosphere of respect and civility. B. To this end, the Waterloo City Council has adopted a Code of Ethics for members of the City Council to assure public confidence in the integrity of local government and its effective and fair operation. 6.2 Implementation As an expression of the standards of conduct for Council members expected by the City, the Waterloo Code of Ethics is intended to be self-enforcing. It therefore becomes most effective when members are thoroughly familiar with it and embrace its provisions. For this reason, ethical standards shall be included in the regular orientations for Mayor and Council and newly elected and appointed officials. Council members entering office shall sign a statement affirming they have read and understood the City of Waterloo Code of Ethics. 6.3 Act in the Public Interest Recognizing that stewardship of the public interest must be their primary concern, Council members will work for the common good of the people of Waterloo and not for IFage II 14 any private or personal interest, and they will assure fair and equal treatment of all persons, claims and transactions coming before the Council. 6.4 Comply with the Law Council members shall comply with the laws of the United States, the State of Iowa and the City of Waterloo in the performance of their public duties. These laws include, but are not limited to: the United States and Iowa constitutions; laws pertaining to conflicts of interest, election campaigns, financial disclosures, employer responsibilities, and open processes of government; and City ordinances and policies. 6.5. Conduct of Members The professional and personal conduct of Council members must be above reproach and avoid impropriety. Members shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other members of Council, boards and commissions, the staff or public. 6.6 Respect for Process Council members shall perform their duties in accordance with the processes and rules of order established by the Council governing the deliberation of public policy issues, meaningful involvement of the public, and implementation of policy decisions of the Council by City staff. 6.7 Conduct of Public Meetings Council members shall prepare for public meetings; listen courteously and attentively to all public discussions before the body; and focus on the business at hand. They shall refrain from interrupting other speakers; making personal comments not germane to the business of the body; or otherwise interfering with the orderly conduct of meetings. 6.8 Conflict of Interest A. In order to assure their independence and impartiality on behalf of the common good, Council members shall not use their official positions to influence government decisions in which they have a material financial interest or where they have an organizational responsibility or personal relationship, which may give the appearance of a conflict of interest. B. In accordance with the law, no member shall participate in the disposition of any matter in which he or she is interested. For purposes of this section "interested" includes any direct or indirect financial or personal interest held by a member or member of his/her family. Before any matter is heard, a member having an interest shall state it and withdraw from participation and discussion, or he/she may disclose the facts involved and request a determination by the Council of whether a conflict of interest exists. Any question of the existence or non-existence of a conflict of interest sufficient to disqualify a member from participating in the disposition of any matter shall be decided by a majority vote of the other members of the Council. In case of a tie, the member shall be disqualified from debating or voting on the matter under consideration. IFage II 15 6.9. Gifts and Favors Council members shall not take any special advantage of services or opportunities for personal gain, by virtue of their public office, that are not available to the public in general. They shall refrain from accepting any gifts, favors or promises of future benefits, which might compromise their independence of judgment or action or give the appearance of being compromised. 6.10 Confidential Information Council members shall respect the confidentiality of information concerning the property, personnel or affairs of the City. They shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal, financial, or other private interests. 6.11 Use of Public Resources Council members shall not use public resources not available to the public in general, such as City staff time, equipment, supplies, or facilities, for private gain or personal purposes. 6.12 Representation of Private Interests In keeping with their role as stewards of the public interest, members of Council shall not appear on behalf of the private interests of third parties before the Council or any board, commission or proceeding of the City. 6.13 Advocacy Members shall represent the official policies or positions of the Council to the best of their ability when designated as delegates for this purpose. When presenting their individual opinions and positions, members shall explicitly state they do not represent the Council or the City of Waterloo, nor will they allow the inference that they do. 6.14 Policy Role of Members Members shall respect and adhere to the mayor-council structure of Waterloo city government as outlined by Iowa Code § 372.4. In this structure, the City Council determines the policies of the City with the advice, information, and analysis provided by the public, boards and commissions, and City staff. 6.15 Independence of Boards and Commissions Because of the value of the independent advice of boards and commissions to the public decision making process, members of Council shall refrain from using their position to unduly influence the deliberations or outcomes of board and commission proceedings. 6.16 Positive Work Place Environment Members shall support the maintenance of a positive and constructive work place environment for City employees and for citizens and businesses dealing with the City. Council Members shall recognize their special role in dealings with City employees and must avoid creating the perception of inappropriate direction to staff. IP age II 1 6.17 Compliance and Enforcement A. The Waterloo Code of Ethics expresses standards of ethical conduct expected for members of the Waterloo City Council. Council members themselves have the primary responsibility to assure that ethical standards are understood and met, and that the public can continue to have full confidence in the integrity of government. B. Council members who intentionally and repeatedly do not follow proper ethical standards may be reprimanded or formally censured by the Council. It is the responsibility of the Council to initiate action if a Council member's behavior may warrant reprimand or censure. Council members should point out to the offending Council member infractions of the Code of Ethics or Code of Conduct. C. If the offenses continue, then the matter should be referred to the Mayor in private. If the Mayor is the individual whose actions are being challenged, then the matter should be referred to the Mayor Pro Tem. It is the responsibility of the Mayor to initiate action if a Council member's behavior may warrant censure. If no action is taken by the Mayor, the alleged violation(s) can be brought up with the full Council in a public meeting. D. If violation of the Code of Ethics is outside of the observed behaviors by the Mayor or Council members, the alleged violation should be referred to the Mayor. The Mayor should ask the City Attorney to investigate the allegation and report the findings to the Mayor. It is the Mayor's responsibility to take the next appropriate action. These actions can include, but are not limited to discussing and counseling the individual on the violations or recommending censure to the full Council to consider in a public meeting. E. A violation of this Code of Ethics shall not be considered a basis for challenging the validity of a Council decision. 6.18 Member Statement Required City Council members will be required to sign the Member Statement found in Appendix B. IP age 7 APPENDIX A Classification of Motions: A. Main Motions: A main motion is one which independently presents an idea for consideration. Only one main motion can be considered at a given time, and such a motion, when introduced, excludes all other main motions until it has been voted upon or disposed of otherwise. B. Subsidiary Motions: A subsidiary motion is one growing out of and applied to another motion already under consideration. Their existence as motions depends entirely upon the principal motion to which they are subordinate. Adoption of a subsidiary motion in some way changes the status of a main motion without adopting or expressly rejecting it. Examples are motions to amend, postpone, and lay on the table. Such motions must be voted upon before voting upon the motion to which they apply. C. Privileged Motions: A privileged motion is one that is so vital in character that it takes precedence over all other motions. Such motions have no connection with the motion under consideration. Example are motions to call for orders of the day (i.e., follow the agenda), recess, adjournment, and raising a question of privilege. A privileged motion sets aside temporarily any business under consideration. D. Incidental Motions: An incidental motion is one growing out of another motion already under consideration. An incidental motion typically relates to the manner of handling a pending motion, such as matters of proper procedure, voting, and providing or obtaining information. Such a motion must be disposed of before the main motion or other business under consideration. Progress of Motions: A. A Council member addresses the presiding officer and, once recognized, has the floor and is the only member entitled to present or discuss a motion. B. A motion is introduced in the form, "I move that" or "I make a motion to" followed by a statement of the proposal. Aside from very brief explanatory remarks, it is not permissible to discuss the merits of a motion prior to, or immediately following, the formal proposal of the motion. All discussion must wait until the presiding officer has stated the motion and has asked for discussion. C. Another Council member, without addressing the presiding officer, may second the motion. Seconding the motion is merely an indication that the Council IP a g e II 1 member seconding it wishes the matter to come to the Council for consideration. If no one seconds the motion, it fails due to lack of a second. D. After the motion has been formally stated by the presiding officer, any Council member has a right to discuss the issue. Council members desiring to discuss must obtain the floor in the same manner as when presenting a motion. E. When all Council members who desire to discuss the question have done so, the presiding officer may put the motion to a vote. The presiding officer will ask for a voice vote or, if appropriate, proceed to instruct the City Clerk to take a roll call vote. F. The presiding officer formally announces the result of the vote, stating whether the motion passed or failed. As soon as the vote has been announced, another motion is in order. Amendments to Motions An amendment to a motion changes a motion by adding to, taking from, or by altering the motion. The purpose of the motion to amend is to add clarity to the motion on the table. A. Methods of Amending Motions: 1. By Addition or Insertion: To add something to the motion, which it did not contain. 2. By Eliminating or By Striking Out: To subtract or eliminate something from a motion that was originally a part of the motion. 3. By Substitution: This method is a combination of the first two (2) methods, since in amending by substitution something is stricken out and something inserted in its place. The substitution may consist of a word, a phrase, a clause, or an entirely new motion. B. Progress of Amendments: 1. Amendments of the first rank. This is an amendment to the motion. 2. Amendments of the second rank. This is an amendment to the amendment. This type of amendment must modify and relate directly to the amendment and not to the main motion. Otherwise, it is out of order. It is not in order to propose more than one amendment of each rank at one time. If a Council member wishes to amend two (2) separate and related parts of a motion, this must be done by two (2) amendments of the second rank, and one must be voted upon before the other is proposed. It is permissible to have a motion, one amendment to the motion (amendment of the first rank), and one amendment to the amendment IP age II 19 (amendment of the second rank) before the Council at once. Until the amendment of the second rank has been voted upon, no other amendment of the second rank is in order. Until the amendment of the first rank is voted upon, no other amendment of the first rank can be proposed. Order of Voting: A. Amendments are voted upon in inverse order; that is, the amendment of the second rank is disposed of first. B. Discussion is held and the vote taken upon the amendment to the amendment. C. Discussion is held and the vote taken upon the amendment to the motion. D. When the vote on the amendments have been taken, discussion upon the original or the main motion as amended is held and when completed, a vote is taken upon the original or main motion as amended. I age Il2g APPENDIX B May Requires Interrupt a a Vote Motions That Speaker Second Debatable Required May Apply L Privileged motions 1. To fix time at No Yes Limited Majority Amend, which to adjourn reconsider 2. To adjourn No Yes No Majority None (unqualified) 3. To take a recess No Yes Limited Majority Amend i 4. To rise to a Yes No No Chair rules All question of privilege L 5. To call for the Yes No No None None orders of the day Subsidiary motions: 6. To lay on, or take No Yes No Majority None from, the table i 7. To call for the No Yes No Z/3 Reconsider previous question 8. To limit, or extend No Yes Limited Z/3 Amend, limits, of debate reconsider 9. To postpone No Yes Limited Majority Amend, definitely reconsider, previous question 10. To refer to a No Yes Limited Majority Amend, committee reconsider, previous question L 11. Amend No Yes Yes Majority Amend, reconsider, previous question IPage II 21 12. To postpone No Yes Yes Majority Limit debate, indefinitely previous question, reconsider Main motions: 13. a. General main No Yes Yes Majority All motions b. Specific main notions: To take from the No Yes No Majority None table To reconsider Yes Yes Yes Majority Limited debate, previous question, table To reconsider and Yes Yes No None until Postpone have entered on called for definitely, none the minutes To rescind No Yes Yes Z/3 All i To expunge No Yes Yes 2 /3 All To adopt a No Yes Yes Majority All resolution To adjourn No Yes Limited Majority Amend, (qualified) reconsider To create orders No Yes Yes General - All of the day majority (spec.) Special - z/3 To amend No Yes Yes Majority Amend, (constitution, reconsider etc.) previous question, limited debate Incidental motions: To suspend .... No Yes .... No L/3 None rules To withdraw a No No No Majority Reconsider motion iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillilliillillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillilillillillilI IPageII To read papers No Yes No Majority All U To object to Yes No No 2/3 All U consideration To rise to a point Yes No No Chair rules None of order or majority To rise to Yes No No None None parliamentary inquiry To appeal from Yes Yes Limited Majority All except decision of chair amend To call for division Yes No No Majority All of house To call for division No Yes No Majority All of question iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillilliilillillilillillillillillillillilliillillillillillillilliillillillillillillilliillilliilillillillillillillillilliillillillillillillilliillillillillillillilliillilliilillillillillillillillilliillillillillillillilliillillillillillillilliillilliilillillillillillillillilliillillillillillillilliillillillillillillilliillilliilillillillillillillillilliillillillillillillilliillillillillillillilliillilliilillillillillillillillilliillillillillillillilliillillillillillillilliillilliilillillillillillillillilliillillillillillillilliillillillillillillilliillilliilillillillilillillillilI Motions for Special Purposes Kind of Motion Object Effect To lay on the table Clear floor for more urgent Delays action business To call for previous question Secure immediate vote on Ends debate pending question To limit or extend time for debate Provide more or less time for Shortens or lengthens discussion discussion period To postpone definitely(to a certain Often gives more time for Delays action time) informal discussion and for securing followers To commit or refer To enable more careful Delays action consideration to be given To amend To improve the motion To change the original motion To postpone indefinitely To prevent a vote on the To suppress the question question To raise a point of order To call attention to violation Keeps group functioning of rules according to parliamentary procedures I a e II23 To appeal from the decision of the To determine the attitude of Secures ruling of the group chair the group on the ruling made rather than by the chair by the chair To suspend the rules To permit action not possible Secure action which would under the rules otherwise be prevented by the rules To object to the consideration of a Prevent wasting time on Suppress the motion question unimportant business To divide the question Secure more careful Secures action by parts consideration of parts To nominate Suggest names for office Places before the group names for consideration To make a request growing out of To secure information or ask Provide information pending business to be excused from a duty To fix the time at which to adjourn To have legal continuation of Sets definite continuation the meeting time To adjourn End the meeting Adjourns the meeting To take a recess To secure an intermission Delays action To raise a question of privilege To correct undesirable Corrects undesirable conditions condition To call for the order of the day To secure adherence to Same as object order of business To take from the table Continue the consideration of Continue consideration of the question question To reconsider(only a member of the To reconsider the question Secures further prevailing side may make this motion) consideration and another vote on the question To reconsider and have entered on the To reconsider the question at Secures further minutes (only a member of the the next meeting consideration and another prevailing side may make this motion) vote on the question To rescind Repeal action previously Same as object taken i To ratify Approves previous action Same as object taken IP a g e II 24. APPENDIX C WATERLOO CITY COUNCIL CODE OF ETHICS As a member of the Waterloo City Council, I agree to uphold the Code of Ethics for elected and appointed officials adopted by the City and conduct myself by the following model of excellence. I will: 1. Recognize the worth of individual members and appreciate their individual talents, perspectives and contributions. 2. Help create an atmosphere of respect and civility where individual members, City staff and the public are free to express their ideas and work to their full potential. 3. Conduct my personal and public affairs with honesty, integrity, fairness and respect for others. 4. Respect the dignity and privacy of individuals and organizations. 5. Keep the common good as my highest purpose and focus on achieving constructive solutions for the public benefit. 6. Avoid and discourage conduct, which is divisive or harmful to the best interests of Waterloo. 7. Treat all people with whom I come in contact in the way I wish to be treated. I affirm that I have read, understood, and will uphold the City of Waterloo Code of Ethics. Signature Date Printed Name Il age 1125