HomeMy WebLinkAboutCouncil Packet - 10/14/2019Council Work Session
October 14, 2019
Time indicated below
Harold E. Getty Council Chambers
Roll Call.
Approval of Agenda, as proposed or amended.
3:50 p.m. Discussion of the Ridgeway Avenue traffic study results.
Submitted By: Sandie Greco, Traffic Superintendent
4:20 p.m. Discussion of amendments to the Fair Chance Initiative ordinance.
Submitted By: Abraham Funchess, Executive Director of Waterloo Human
Rights
4:50 p.m. Discussion of an ordinance increasing the mayor's salary.
Submitted By: Jerome Amos, Jr. Ward 4 Council member
ADJOURNMENT
Kelley F elchle
City Clerk
CITY OF WATERLOO
Council Communication
Discussion of the Ridgeway Avenue traffic study results.
City Council Meeting: 10/14/2019
Prepared:
REVIEWERS:
Department
V°n fttlfldc G)p}erffi:oOfl
Reviewer
a).
Action
Approved
ATTACHMENTS:
Description Type
D Handout 13acicu [Via mai
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Expenditure Required:
Source of Funds:
Policy Issue:
Alternative:
Background Information:
Date
10/9/2019 ... 11:45 A1M
Discussion of the Ridgeway Avenue traffic study results.
Submitted By: Sandie Greco, Traffic Superintendent
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CITY OF WATERLOO
Council Communication
Discussion of amendments to the Fair Chance Initiative ordinance.
City Council Meeting: 10/14/2019
Prepared: 10/9/2019
REVIEWERS:
Department Reviewer Action Date
hini kiih K e Hey Approved '10/9/20 19 AO AM
ATTACHMENTS:
Description Type
Ordinance as proposed Backup .Material.
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Expenditure Required:
Source of Funds:
Policy Issue:
Alternative:
Background Information:
Discussion of amendments to the Fair Chance Initiative ordinance.
Submitted By: Abraham Funchess, Executive Director of Waterloo Human
Rights
5-3-15: UNFAIR USE OF CRIMINAL RECORD IN HIRING DECISIONS:
A. Definitions: As used in this section, unless the context indicates otherwise, the following words and
phrases shall have the meanings respectively ascribed to them in this subsection:. Except as defined
in this subsection A, definitions of words and phrases set forth in 5-3-2 shall apply in this section.
1. Adverse hiring decision: A refusal to hire an applicant or the revocation of a conditional offer of
employment to an applicant.
42. Applicant: Any person considered or who requests to be considered for employment by an
employer.
23. Arrest: The taking of a person into custody when and in the manner authorized by law or military
authority due to an accusation or suspicion that the person committed a crime.
34. Conviction: Any adjudication of guilt or sentence arising from a verdict or plea of guilty or no
contest or the equivalent in relation to a crime, including a sentence of incarceration, a
suspended sentence, a sentence of probation, a sentence of unconditional discharge, or a
diversion program.
45. Criminal record: Information regarding a conviction, arrest or pending criminal charge.
56. Employer: Any person, partnership, company, corporation, labor organization or association
which regularly employs one (1)fifteen (15) or more persons within the City of Waterloo, including
the City of Waterloo, its departments, boards, commissions and agencies. -; ;,,..nt and
Neither the United States nor any of its political
subdivisions, nor the State of Iowa or any of its political subdivisions other than the City of
Waterloo, is an employer for purposes of this section. For clarity, public employers such as, but
not limited to, Black Hawk County, the Waterloo Community School District, and Hawkeye
Community College are political subdivisions of the State of Iowa and therefore exempt from this
ordinance.
67. Employment: Any occupation, vocation, job, work for pay or employment, including temporary or
seasonal work, contracted work, contingent work and work through the services of a temporary or
other employment agency; or any form of vocational or educational training with or without pay.
78. Inquiry: Any direct or indirect conduct intended to gather information, using any mode of
communication, including but not limited to a box or blank that seeks to elicit information about an
applicant's criminal record on an employment application form.
59. Interview: Any direct contact by the employer with the applicant, whether in person or by
telephone, to discuss the employment being sought or the applicant's qualifications.
910. Legitimate business reason: A reason for which an employer may make an adverse
hiring decision based on an applicant's criminal record, including the following:
a. Situations where the nature of the criminal conduct has a direct and substantial bearing on
the fitness or ability to perform the duties or responsibilities of the intended employment,
taking into consideration the following factors: the nature of the employment, the place and
manner in which the employment will be performed, the nature and seriousness of the
offense or conduct, whether the employment presents an opportunity for the commission of a
similar offense or conduct, the length of time between the conviction or arrest and the
application for employment (not including time on probation or parole or the time during which
fines or other financial penalties or remedies may be outstanding), the number and types of
convictions or pending charges, and any verifiable information provided by the applicant that
is related to the applicant's rehabilitation or good conduct.
b. Situations where the granting of employment would involve unreasonable risk of substantial
harm to property or to safety of individuals or the public, or to business reputation or business
assets, taking into consideration the factors listed in paragraph a of this subsection A.109.
c. Positions working with children, developmentally disabled persons and vulnerable adults
where the applicant has a conviction record of a crime against children or disabled or
vulnerable adults, including but not limited to crimes of rape, sexual abuse, incest,
prostitution, pimping, pandering, assault, domestic violence, kidnapping, financial
exploitation, neglect, abandonment, and child endangerment.
d. Situations where an employer must comply with any federal or state law or regulation
pertaining to background checks and the criminal conduct is relevant to the applicant's fitness
for the job.
1011. Pending criminal charge: An existing accusation that a person has committed a crime,
lodged by a prosecutor, law enforcement agency or military authority through an indictment,
information, complaint or other formal charge, where the accusation has not yet resulted in a final
judgment, acquittal, conviction, plea, dismissal or withdrawal.
B. Prohibited Use of Criminal Record Information: In connection with the employment of any person, it
shall be an unlawful discriminatory practice for an employer to include a criminal record inquiry on any
application. It shall further be an unlawful discriminatory practice for an employer who employs fifteen
(15) or more persons, but not private schools providing a regular course of instruction for any part of
kindergarten through high school education, to engage in any of the following activity:
1. To make any inquiry regarding, or to require any person to disclose or reveal, any convictions,
arrests, or pending criminal charges during the application process, including but not limited to
any interview. The application process shall begin when the applicant inquires about the
employment being sought and shall end when an employer has extended a conditional offer of
employment to the applicant. If the applicant voluntarily discloses any information regarding his
or her criminal record at the interview, the employer may discuss the criminal record disclosed by
the applicant.
2. To make an adverse hiring decision based solely on the applicant's record of arrests or pending
criminal charges that have not yet resulted in a conviction.
3. To make an adverse hiring decision based on any criminal records which have been lawfully
erased or expunged, which are the subject of an executive pardon, or which were otherwise
legally nullified.
4. To make an adverse hiring decision based on an applicant's criminal record without a legitimate
business reason.
C. Handling of Criminal Records Employers shall comply with any obligations arising under
federal or state law relating to authorization for background checks, notifying applicants about
adverse hiring decisions based on an applicant's criminal record, and any other matters involving the
use of criminal record information.
D. Enforcement: Any complaint alleging a violation of this section shall be filed within the time provided
in 5-3-10. Upon certification by the commission of an affirmative finding of probable cause that an
employer has committed a violation of this section, the commission shall refer the complaint and
probable cause finding to the city attorney for review, together with a recommendation as to the
amount of a fine to be assessed. Upon determination that the complaint meets the requisite standard
of proof, the city attorney shall issue a municipal infraction citation against the employer. A first
offense shall be subject to a fine of up to $750.00, and a repeat offense within a period of three years
shall be subject to a fine of up to $1,000.00. Fines shall be payable to the complainant. For
purposes of enforcing this section, the provisions of sections 5-3-10.D, 5-3-10.E, 5-3-10.F, 5-3-11, 5-
3-12 and 5-3-13 shall not apply.
GE. Effect on Other Laws: This section shall not be interpreted or applied as imposing an obligation on
the part of an employer to provide accommodations or job modifications in order to facilitate the
employment of an applicant.
F. This section shall be effective July 1, 2020.
2
Amendments to Code of Ordinances § 5-3-15 (Unfair Use of Criminal Record in Hiring Decisions)
1. Add the following language at the end of subsection A: "Except as defined in this Subsection A,
definitions of words and phrase set forth in 5-3-2 shall apply in this section."
2. Add a new definition as paragraph 1 of subsection A: "Adverse hiring decision: A refusal to hire an
applicant or the withdrawal or revocation of a conditional offer of employment to an applicant."
3. Renumber all subsequent paragraphs of subsection A, after new paragraph 1.
4. In paragraph 6 (formerly paragraph 5), strike "fifteen (15)" and substitute "one (!)" in its place.
5. In paragraph 6, strike the following sentence: "Job placement and referral agencies and other
employment agencies are not employers for purposes of this ordinance, except when hiring for their
own internal needs, and private schools providing a regular course of instruction for any part of
kindergarten through high school education are not employers for purposes of this ordinance."
6. In subparagraph b of paragraph 10 (formerly paragraph 9) of subsection A, strike "A.9" and substitute
"A.10" in its place.
7. Change the first unnumbered paragraph of subsection B to read as follows (new language is
underlined for identification purposes and will not be underlined in the ordinance): "In connection with
the employment of any person, it shall be an unlawful discriminatory practice for an employer to
include a criminal record inquiry on any application. It shall further be an unlawful discriminatory
practice for an employer who employs fifteen (15) or more persons, but not private schools providing
a regular course of instruction for any part of kindergarten through high school education, to engage
in any of the following activity:"
8. Change paragraph 2 of subsection B to add the following language at the end: "that have not yet
resulted in a conviction."
9. Add a new subsection C as follows: "Handling of Criminal Records: Employers shall comply with any
obligations arising under federal or state law relating to authorization for background checks, notifying
applicants about adverse hiring decisions based on an applicant's criminal record, and any other
matters involving the use of criminal record information."
10. Add a new subsection D as follows: "Enforcement: Any complaint alleging a violation of this section
shall be filed within the time provided in 5-3-10. Upon certification by the commission of an
affirmative finding of probable cause that an employer has committed a violation of this section, the
commission shall refer the complaint and probable cause finding to the city attorney for review,
together with a recommendation as to the amount of a fine to be assessed. Upon determination that
the complaint meets the requisite standard of proof, the city attorney shall issue a municipal infraction
citation against the employer. A first offense shall be subject to a fine of up to $750.00, and a repeat
offense within a period of three years shall be subject to a fine of up to $1,000.00. Fines shall be
payable to the complainant. For purposes of enforcing this section, the provisions of sections 5-3-
10.D, 5-3-10.E, 5-3-10.F, 5-3-11, 5-3-12 and 5-3-13 shall not apply."
11. Renumber original subsection C as subsection E.
12. Add a new subsection F as follows (unless council adopts this as an amendment at an earlier
meeting): "This section shall be effective July 1, 2020."
3
CITY OF WATERLOO
Council Communication
Discussion of an ordinance increasing the mayor's salary.
City Council Meeting: 10/14/2019
Prepared: 10/2/2019
REVIEWERS:
Department Reviewer
Clerk Office l'&11la, p elley
Action Date
.Approved 10/2/2019 1 •1 D AM.
ATTACHMENTS:
Description Type
Ordinance as pro lnar4: a:°<i l prna: p a.ap 1111 aterik
Salary Survey 1Material.
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Expenditure Required:
Source of Funds:
Policy Issue:
Alternative:
Background Information:
Discussion of an ordinance increasing the mayor's salary.
Submitted By: Jerome Amos, Jr. Ward 4 Council member
This ordinance increases the mayor's pay to $102,000. Subsequent pay
increases would follow the current method of calculating pay increases for
mayor and council members.
ORDINANCE NO. XXXX
AN ORDINANCE FIXING THE COMPENSATION OF
MAYOR AND COUNCIL MEMBERS OF THE CITY OF
WATERLOO, IOWA, AND RESCINDING ORDINANCE NO.
4785.
BE 1T ORDAINED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, as
follows:
1. The Mayor of the City of Waterloo, Iowa, shall receive an annual salary of one
hundred and two thousand dollars ($102,000) for the calendar year beginning January 1, 2020
and an annual salary adjustment each subsequent July 1 thereafter, starting July 1, 2020, equal to
the percentage change in the Consumer Price Index for Urban Wage Earners and Clerical Works
(CPI -W), current series, U.S. All Items, as determined by comparing the December index for the
year just ended with the December index for the calendar year preceding it.
2. Each member of the Council of the City of Waterloo, Iowa, shall receive an
annual salary of nine thousand two hundred seventy-two dollars and twenty-two cents ($9,
272.22) for the calendar year beginning January 1, 2020 and an annual salary adjustment each
subsequent July 1 thereafter, starting July 1, 2020, equal to the percentage change in the
Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI -W), current series,
U.S. All Items, as determined by comparing the December index for the year just ended with the
December index for the calendar year preceding it.
3. In the event that there is no percentage change increase as described in paragraphs
1 and 2 above in any given year, then the salary of the Mayor and the salary of each member of
the Council shall not be increased in any such year.
BE TT FURTHER RESOLVED that Ordinance No. 4785 is hereby repealed in its
entirety.
INTRODUCED:
PASSED 1ST CONSIDERATION:
PASSED 2ND CONSIDERATION:
PASSED 3RD CONSIDERATION:
PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the
day of , 2019.
Quentin Hart, Mayor
ATTEST:
Kelley Felchle
City Clerk
7/9/2019 Salary Survey
Policies in place for elected
official raises?
City
Mayor
Council
Admin
Description
West Des Moines
$ 14,000.00
$ 9,000.00
$ 206,801.00
City Manager
No
Ames
$ 11,000.00
$ 10,000.00
$ 220,032.00
City Manager
No
Davenport
$ 45,000.00
$ 15,000.00
$ 185,191.20
City Administrator
No
Council Bluffs
$ 101,614.00
$ 12,000.00
$ 130,554.00
Chief of Staff
Yes - CPI
Waterloo
$ 87,445.00
$ 9,272.00
Yes - CPI
Cedar Falls
$ 93,113.00
$ 6,173.00
$ 182,582.00
City Administrator
Yes - CPI