HomeMy WebLinkAboutCouncil Packet - 10/5/2020 Council Work Session
October 5, 2020
Time indicated below
Harold E. Getty Council Chambers
Roll Call.
Approval of Agenda, as proposed or amended.
4:10 p.m. Discussion of using mudjacking as an option for sidewalk repairs.
Submitted By:Pat Morrissey, Ward 3 Council member
Approx. Discussion of edits to Title 1, Chapter 4 of Waterloo City Code.
4:40 p.m.
Submitted By: Kelley Felchle, City Clerk
ADJOURNMENT
Kelley Felchle
City Clerk
CITY OF WATERLOO
Council Communication
Discussion of using mudjacking as an option for sidewalk repairs.
City Council Meeting: 10/5/2020
Prepared: 9/30/2020
REVIEWERS:
Department Reviewer Action Date
Clerk Office Felchle, Kelley Approved 9/30/2020 - 10:27 AM
ATTACHMENTS:
Description Type
❑ Resolution as proposed Backup Material
SUBJECT: Discussion of using mudjacking as an option for sidewalk repairs.
Submitted by: Submitted By: Pat Morrissey, Ward 3 Council member
Recommended Action:
Summary Statement:
Expenditure Required:
Source of Funds:
Policy Issue:
Alternative:
Background Information:
Resolution on Mud-Jacking Process
"A resolution approving the process of"mud-jacking" for residential and
commercial repair of concrete sidewalk sections that have sunk or become
uneven AND are not fractured/cracked/broken.
Approval of this Resolution directs the appropriate City of Waterloo, Iowa
departments to include a specification that mud-jacking may be used by
residential and commercial property owners where its use is an option to
total reconstruction of designated sidewalk sections deemed out of
compliance.
CITY OF WATERLOO
Council Communication
Discussion of edits to Title 1, Chapter 4 of Waterloo City Code.
City Council Meeting: 10/5/2020
Prepared: 9/23/2020
REVIEWERS:
Department Reviewer Action Date
Clerk Office Felchle, Kelley Approved 9/23/2020 - 10:31 AM
ATTACHMENTS:
Description Type
❑ 1. Title 1 - Combined Chapter 4-6_09.16.2020.pdf Backup Material
SUBJECT: Discussion of edits to Title 1, Chapter 4 of Waterloo City Code.
Submitted by: Submitted By: Kelley Felchle, Cie Clerk
Recommended Action:
The City Clerk received requests to bring the rules of procedure back for
discussion at a work session. The first order of business at this work
session is to discuss whether council wants to renew a discussion of and
pursue adopting a revised rules of procedure.
To recap where we left off, Council voted at the 4/13/20 work session to
table discussion of the rules of procedure until members were able to meet
again in person. Prior to that vote, Council tabled discussion of the rules of
procedure on 1/6/2020. Discussion was tabled to allow time for Mr.
Morrissey to review changes from the final task force version of the rules of
procedure versus changes the mayor and city clerk made to the final task
force version of the rules of procedure, and to make changes to draft council
had finished reviewing. From May to December of 2019, council held
numerous work sessions and completed review of the rules of procedure. A
task force comprised of city staff, Mrs. Juon, and Mr. Morrissey met from
February to September of 2018 to review a proposed rules of procedure.
Prior to the task force, the City Clerk, Mayor, and City Attorney met in late
2017 to review and discuss changes to Title 1 and a City Council Rules of
Procedure Policy written by the City Clerk.
Summary Statement: Three documents are attached to this communication. The first is titled,
"Final Draft with Rules of Procedure - Updates through 1.6.2020", which
reflects changes discussed at council work sessions in 2019. The second
document titled, "Title 1 - 2020 Morrissey Comments 3.4.2020", reflects the
changes made while discussion was tabled. The third is titled "Title 1 -
Combined Chapter 4-6_09.16.2020", which includes changes discussed in
2019 by council, changes made while the document was tabled in 2020,
additional changes from the City Clerk, and the combination of chapters 4-6
into one chapter with three articles.
The reason for combining chapters 4-6 into one chapter is to prevent the
existing chapters five and six from being over-written should council approve
rules of procedure. Please see the attachment titled "chapter illustration", for
further clarification.
If council chooses to move forward with discussion of the rules of
procedure, I recommend we begin discussion with the document titled "Title
1 - Combined Chapter 4-6_09.16.2020".
Expenditure Required:
Source of Funds:
Policy Issue:
Alternative:
Background Information:
2020 Revisions During Postponement Comment Codes:*[CC#]=Comments from City Clerk;*[WKSN#]=Council Work
Session Changes June-December 2019;*[PKU#]=Changes discussed by Mr.Morrissey and City Clerk January—March
2020. Words in green note changes discussed by Mr.Morrissey and City Clerk during postponement. Words in
purple or black note City Clerk changes. Words in blue note language adopted from June—Dec.2019 work sessions
and changes to current code.
CHAPTER 4
MAYOR AND CITY COUNICL
1-4-1:ROLE OF MAYOR:
1-4-2:ROLE OF CITY COUNCIL MEMBERS:
1-4-3:COMPENSATION OF MAYOR AND CITY COUNCIL MEMBERS:
1-4-4:COUNCIL MEMBER COMMUNICATIONS WITH CITY EMPLOYEES:
1-4-5:COUNCIL MEMBERS AND THE EMPLOYEE DISCIPLINARY PROCESS:
1-4-6:QUORUM:
1-4-7:MEETINGS:
1-4-8:STANDING COMMITTEES OF COUNCIL:
1-4-9:SPECIAL COMMITTEES:
1-4-10:ALL MEETINGS AND RECORDS OPEN TO THE PUBLIC:
1-4-11:METHOD OF KEEPING MINUTES:
1-4-12:GIFT LAW:
1-4-1:ROLE OF MAYOR AND COUNCIL:
AA4ayer-�The mayor is the chief executive officer of the city,head of the executive branch of
the city,ceremonial head of the city and,when present at a council meeting,is presiding officer
of the council. As head of the executive branch of the city,the mayor oversees the daily
administration of the city y supervising and directingall ll city employees and departments. The
mayor shall recommend the appointment of department heads with the consent of council. he
mayor shall not vote on any measure. The mayor may 00oint city council members to serve as Commented[PKU1]:Insert to note that the mayor
non-voting liaisons to city boards and commissions established under Title 2 of this code. cannot vote,as stated in Iowa Code§372.4(b).
Commented[CC2]:9/9/2020:Added to include the
practice of appointing council members as liaisons to
boards/commissions.
and setting polio),by which the eity takes actio Commented[PKU3]:Strike section and make 1-4-2
1-4-2:ROLE OF CITY COUNCIL MEMBERS:
City council is the legislative body of the city and exercises its powers and duties as a quorum of
council members during open meetings. Council is responsible for enacting laws and setting
policy by which the city takes action.
h-4-3: COMPENSATION OF MAYOR AND CITY COUNCIL MEMBERS:I Commented[CC4]:9/4/2020:Section added to give Ord.
No.5519 a home in the code rather than leaving it as a
A. The mayor of the City of Waterloo,Iowa,shall receive an annual salary of ninety-four stand-alone ordinance. Other cities that include
thousand dollars $94,000)for the calendar year beginning January 1,2020 and an annual salary council/mayor compensation in their city code include Iowa
�g � �' City,Des Moines,and Ames.
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), Including council/mayor compensation in the city code after
current series,U.S.All Items,as determined by comparing the December index for the year just the ordinance was adopted does not change compensation
ended with the December index for the calendar receding it. for the positions in any way or have an impact on the
year��p validity of Ord.No.5519.
B. 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 beginningJanuary 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.
C. In the event that there is no percentage change increase as described in Subsections A and B
of this Section 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.
Updated Draft 9/16/2020 1
2020 Revisions During Postponement Comment Codes:*[CC#]=Comments from City Clerk;*[WKSN#]=Council Work
Session Changes June-December 2019;*[PKU#]=Changes discussed by Mr.Morrissey and City Clerk January—March
2020. Words in green note changes discussed by Mr.Morrissey and City Clerk during postponement. Words in
purple or black note City Clerk changes. Words in blue note language adopted from June—Dec.2019 work sessions
and changes to current code.
1-4-4:COUNCIL MEMBER COMMUNICATIONS WITH CITY EMPLOYEES:
A. Council members shall refrain from becomingdirectly involved in the administrative
activities and daily responsibilities of employees. Council members may make inquiries of
e artment heads or their designed,for the limited legitimate puMose of informing themselves Commented[WKSNS]:7/15/2019-32:54
regarding agenda items or important affairs of an immediate and urgent nature. The mayor
choose to establish formal procedure for council-department head interaction and department
head support of council committees. Council members may fully and freely discuss with the
mayor anything pertainingto o city affairs.
B. Council members shall avoid situations that can result in city employees 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 regard to other city
employees,duties,working conditions,supervisors,etc.,is discouraged. If an employee 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.
C. In situations in which an employee approaches a council member and the communication
does not involve a complaint or concem with regard to other city employees,duties,working
conditions,supervisors,or other terms of employment,council members may freely speak with
the employee.
D. Nothing herein shall diminish a council members'constitutional right to free association or
speech with any city employee during any city employee's time when not in work status.
1-4-5:(L-_4-3.)COUNCIL MEMBERS AND THE EMPLOYEE DISCIPLINARY
PROCESS:
A. Council members shall not become involved in disciplinary matters and the disciplinary or
investigative process except where adopted city policy or state law may allow such participation.
B. Council members shall operate within the city's established chain of command. The
established chain of command requires the mayor,department heads,managers,and supervisors
to oversee and direct their workforce on behalf of the city. The human resources director and
mayor are required to ensure city policies are consistently applied across all departments. This is
to avoid inconsistent or political influences in the investigative or disciplinary process,which
may lead to arbitration,civil service proceedings,or litigation.
1-4-6: 1( 5_l:)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 city
council is four(4). Less than a quorum may adjourn and compel the attendance of members.
1-4-7:(L-_5-45-)MEETINGS:
A.Regular Meetings:Regular meetings of the city council shall be held on the^^^^^a^^a f6ua4h L...__ Commented[WKSN6]:Delete second and fourth-
tirst four MondUs of each month at the council chambers in the city hall at five thirty o'clock 7/22/2019
(5:30)P.M.,or at such other designated place other than the council chambers pursuant to Commented[WKSN7]:Change to 4 meetings per month
Subsection E of this section;however,when a meeting date falls on a day designated by the city -7/22/2019-28:14.
as a holiday,then the regular meeting shall be held on the followingevening vening at five thirty o'clock
Updated Draft 9/16/2020 2
2020 Revisions During Postponement Comment Codes:*[CC#]=Comments from City Clerk;*[WKSN#]=Council Work
Session Changes June-December 2019;*[PKU#]=Changes discussed by Mr.Morrissey and City Clerk January—March
2020. Words in green note changes discussed by Mr.Morrissey and City Clerk during postponement. Words in
purple or black note City Clerk changes. Words in blue note language adopted from June—Dec.2019 work sessions
and changes to current code.
(5:30)P.M.in the council chambers at the city hall,or at such other designated place other than
the council chambers.The city council may adjourn a regular meetingto o any date it may deem
proper.
B. Special Meetings_Special meetings of the city council may be called by the mayor or by any
four(4)council members,by serving a written notice of the special meeting to the city clerk not
less than 72 hours prior to the meeting. Only such business may be transacted at a special
meeting as is mentioned or referred to in the notice of the meeting. Special meetings 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.
The city clerk shall deliver notice of the meeting to council members via email and to their city-
issued mailbox no later than 24 hours prior to the meeting Every attempt shall be made to
confirm council members are in receipt of the notice of special meeting and are aware that said
meeting is to take place.
C. Work Session:Work session meetings of the city council may be held on the same day as a
regular session meeting to review matters which are expected to come before city council for
formal action at a regular meeting or otherwise need study and advance consideration. Items to
be considered shall be listed on the agenda and shall state the approximate start time for each
item following the first. Any topic discussed during a work session shall not be on the regular
agenda on the same date,unless an emergency arises. (Council recommendations for future
action,when necessary,shall be made in the form of a motion and approved by a majority vote.
Motions made during work sessions shall be limited to recommendations for further study,
placing a topic on a regular or special session agenda for a vote,to cease further action,or to
delay discussing a topic until a certain date. Motions made during work sessions shall not bind
council members to vote in favor or against an item on a regular or special session agenda. Commented[WKSN8]:Strike 7/22/2019-36:18.
On 9/16/2019 council agreed to allow votes to take place
D. Closed Session:Iowa Code 4 21.5 outlines specific instances where cities are allowed to during a work session.
discuss city business in closed session prior to voting on the matter in open session. Before
entering into closed session,the city attorney will make a statement to the city council and public
noting the reason for adjourning to closed session and that the reason complies with a specific
section of Iowa Code. City council must then make an affirmative,public vote equal to the
lesser of two-thirds of the members of the body or all of the members present at the meeting to
enter into closed session. Once in closed 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.
1. Matters discussed in closed session are sensitive in nature,where public disclosure of
such information may be detrimental to the city. Elected officials and city staff shall
follow Article 4B of this chapter,with respect to matters discussed and information
presented in closed session meetings.
PE.Change of Location:Regular,special,or work session meetings of the city council may be
held at such other designated place other than the council chambers in the city hall as the city
council may deem advisable;provided,however,such designation of a meeting place other than
the council chambers in the city hall shall be by city council resolution. Notice of such change
of meeting place shall be given to the public by publication as provided by Iowa Code section
362.3.
F. Electronic Meetings:A meeting of the city council may be conducted electronically only
when a meeting in person is impossible or impractical and only if:
1. The council members participating in the meeting at each location by telephone or video
can hear and be heard by all council members,provided that if any participant is hearing
impaired other suitable means of communication are provided. �f the meeting is
conducted by email or video,the council members participating in the meeting shall,to
the extent possible,have access to a reliable internet connection. Commented[CC9]:9/2/2020:Added distinction between
a meeting conducted by telephone and video vs.email.
2. The city council provides public access to the conversation of the meeting to the extent
reasonably possible.
Updated Draft 9/16/2020 3
2020 Revisions During Postponement Comment Codes:*[CC#]=Comments from City Clerk;*[WKSN#]=Council Work
Session Changes June-December 2019;*[PKU#]=Changes discussed by Mr.Morrissey and City Clerk January—March
2020. Words in green note changes discussed by Mr.Morrissey and City Clerk during postponement. Words in
purple or black note City Clerk changes. Words in blue note language adopted from June—Dec.2019 work sessions
and changes to current code.
3. The city council complies with Iowa Code§21.4. For the purpose of this paragraph,the
place of the meetingis s the place from which the communication originates or where
public access is provided to the conversation.
4. Minutes are kept of the meeting. The minutes shall include a statement explaining why a
meeting in person was impossible or impractical.
G. Informal Meetings:Council members may hold meetings other than those outlined in this
chapter. 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.
14-8:(L-5-5.)STANDING COMMITTEES OF COUNCIL:
The mayory create and appoint no fewer than three(3)council members to standing
committees of the council. Committee members shall be appointed at the first meeting in
January or at the time a vacancy occurs. A chair shall be selected from the members of the
committee. Nothingshall hall preclude the council from acting as deemed necessary without the
input of a committee in the case of an emergency to W12ropriately 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
in accordance with city finance policies and procedures. The committee shall meet prior
to each regular session.
1-4-9:(L-_5-6.)SPECIAL COMMITTEES:
A. The mayor or a quorum of 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 mayor or council. Members of council-appointed
committees shall abide by Iowa Open Meeting Laws.
B. The special committee shall prepare and deliver a final report of its findings to the mayor if
created by the mayor or council if created by the council. The special committee shall be
considered discharged upon delivery of the final report.
1-4-10:(1-5-2:)ALL MEETINGS AND RECORDS OPEN TO THE PUBLIC:
A. The city shall comply with Iowa Code Chapters 21 and 22 regarding open meetingand nd open
record laws.
B. All meeting agendas shall be legally 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.
1-4-11:(L-5-23-)METHOD OF KEEPING MINUTES:
A. Minutes of all meetings shall be maintained by the city clerk as a permanent record. A
record shall be made of the names and addresses of persons addressing council and a summary of
their remarks. A record shall be made of each member moving and seconding a�notion� commented[cct o]:3/4/2020-Included from 1-4-2(0)of
resolution,ordinance or amendment. Minutes shall be available for viewing by any member of city code.Reflects current practice used for recording city
the public during normal city hall business hours as soon as the minutes of the meeting are council minutes.
complete. Minutes shall be made available no later than the close of business on the Friday prior
to the next regular council meeting_
Updated Draft 9/16/2020 4
2020 Revisions During Postponement Comment Codes:*[CC#]=Comments from City Clerk;*[WKSN#]=Council Work
Session Changes June-December 2019;*[PKU#]=Changes discussed by Mr.Morrissey and City Clerk January—March
2020. Words in green note changes discussed by Mr.Morrissey and City Clerk during postponement. Words in
purple or black note City Clerk changes. Words in blue note language adopted from June—Dec.2019 work sessions
and changes to current code.
B. Council members shall 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 that such a
correction is required.
14-12:(14-3:)GIFT LAW: Commented[PKU11]:Insert reference to Iowa gift law to
make council members and the public aware of its
A public official,public employee,candidate,or that persons immediate family member,shall existence.
abide by Iowa Code&68B.22.
CHAPTER 4
ARTICLE A
RULES OF PROCEDURE
1-4A-1:AUTHORITY:
1-4A-2:INTERPRETATION:
1-4A-3:AMENDMENTS TO RULES OF PROCEDURE:
1-4A-4:PARLIAMENTARY RULES TO GOVERN:
1-4A-5:ORDER OF SEATING:
1-4A-6:OFFICIAL ACTION:
1-4A-7:PRESIDING OFFICER:
1-4A-8:PRESIDING OFFICER DEBATE AND VOTING:
1-4A-9:COUNCIL MEETING DECORUM:
1-4A-10:SPEAKING DURING PUBLIC MEETINGS:
1-4A-11:COUNCIL MEMBER ABSENCE:
1-4A-12:COUNCIL PARTICIPATION VIA TELEPHONE OR VIDEO:
1-4A-13:PLACING ITEMS ON THE AGENDA:
1-4A-14:AFFIRMATIVE MOTIONS:
1-4A-15:ORDER OF BUSINESS FOR REGULAR MEETINGS:
1-4A-16:MAYOR'S ROLE IN APPROVING LEGISLATION:
1-4A-17:ORDINANCE:
1-4A-18:RESOLUTION:
1-4A-19:MOTION:
1-4A-20:MOTION TO CALL THE PREVIOUS QUESTION:
1-4A-21:MOTION TO ADJOURN:
1-4A-22:MOTION TO AMEND:
1-4A-23:MOTION TO POSTPONE:
1-4A-24:MOTION TO RECONSIDER:
1-4A-25:MOTION TO RESCIND:
1-4A-26:TIE VOTE:
1-4A-27:ABSTENTIONS:
1-4A-28:CONFLICT OF INTEREST:
1-4A-29:CONFLICT OF INTEREST PROTEST:
1-4A-30:GENERAL RULES FOR PUBLIC PARTICIPATION:
1-4A-31:PUBLIC COMMENT SECTION OF THE AGENDA:
1-4A-32:PUBLIC COMMENT DURING PUBLIC HEARINGS:
1-4A-33:PUBLIC COMMENT DURING AGENDA ITEMS:
1-4A-34:VIOLATING RULES OF PUBLIC PARTICIPATION AND SERGEANT AT
ARMS:
1-4A-L•(1-6-1:)AUTHORITY:
The city council shall adopt and enforce its own reasonable rules concerning the conduct of city
council meetings pursuant to Iowa Code§21.7 and Iowa Code§372.13(5).
1-4A-2:(1-6-2:)INTERPRETATION:
The city attome or clerk shall be considered the final authority on any questions re ag rding
the application or interpretation of these Rules.
1-4A-3:(1-6-3:)AMENDMENTS TO RULES OF PROCEDURE:
Updated Draft 9/16/2020 5
2020 Revisions During Postponement Comment Codes:*[CC#]=Comments from City Clerk;*[WKSN#]=Council Work
Session Changes June-December 2019;*[PKU#]=Changes discussed by Mr.Morrissey and City Clerk January—March
2020. Words in green note changes discussed by Mr.Morrissey and City Clerk during postponement. Words in
purple or black note City Clerk changes. Words in blue note language adopted from June—Dec.2019 work sessions
and changes to current code.
The rules listed in this article shall be in effect upon their adoption by ordinance and until such
time as they are amended. These rules listed in this article shall be amended by a two-thirds vote
of all of the members of the city council and only, if f the proposed amendments have been
introduced into the record at a prior meeting.
1-4A-4:(1-6-17723:)PARLIAMENTARY RULES TO GOVERN:
In all cases not provided for herein,the usual parliamentary rules which govern parliamentary
bodies shall govem the city council,where they are applicable.
1-4A-5:(L-_5-34-.)ORDER OF SEATING:
Council members shall occupy the respective seats in the council chambers assigned to them by
the mayor.
1-4A-6:(1-6-4:)OFFICIAL ACTION:
City council shall exercise power only in a duly convened meeting by passing a motion,
resolution,amendment,or an ordinance. No motion,resolution,amendment,or ordinance shall
be debated unless it receives a second.
1-4A-7: 1( 645:)PRESIDING OFFICER:
A. The mayor shall be the presiding officer of the city council. In the mayor's absence,the
mayor pro tem shall be the presiding officer. The mayor pro tem shall immediately relinquish
elinquish
the chair upon arrival of the mayor. 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.
B. The major functions of the presiding officer during council meetings include but are not
limited to the following:
1. Call the meeting to order.
2. Announce the order of business as provided in the agenda.
3. State motions on the table and who opens debate.
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 city rules or policies pertaining to city council meeting procedures.
10.Recognize right of council members to appeal parliamentary procedure.
C. A council member may appeal a parliamentary decision made by the presiding officer. If an
appeal is made,council shall decide the question by a majority vote.
Updated Draft 9/16/2020 6
2020 Revisions During Postponement Comment Codes:*[CC#]=Comments from City Clerk;*[WKSN#]=Council Work
Session Changes June-December 2019;*[PKU#]=Changes discussed by Mr.Morrissey and City Clerk January—March
2020. Words in green note changes discussed by Mr.Morrissey and City Clerk during postponement. Words in
purple or black note City Clerk changes. Words in blue note language adopted from June—Dec.2019 work sessions
and changes to current code.
1-4A-8: 1-6-26: PRESIDING OFFICER 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 temporgU presiding officer may debate,vote as a regular
council member,and retain all the powers of a council member. 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 exists.
C. The mayor pro tem or temporM 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 temporM 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.
1-4A-9:(L-_4-4.)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,only pon recognition by the presiding officer,and shall confine comments to
the question under debate,avoiding inappropriate lan tta eg and personal attacks. Commented[WKSN12]:7/15/2019-66:53
Commented[WKSN13]:Strike last sentence 1/6/2020.
1-4A-10: 1( 4-5:)SPEAKING DURING PUBLIC MEETINGS: Commented[PKU14]:
r DECISION REQUIRED
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 shall refrain from discourse iCouncil approved limiting cell phone and email use at the
while another member or the presiding officer is speaking. Cell phone and email use shall be 7/15/19 work session and deleting the last sentence of
Subsection A at the 1/6/2020 work session. An alternative
hmitO during any City council meetin option is suggested. Council needs to pick one option for
i
Subsection A.
1. Cell phone and email use shall be limited during any city
B. Council members shall only peak once until each member choosing to speak shall have council meeting. E-_e_ti-_s may be granted at the
spoken. diwretion of the presiding offieer.
C. Council members shall only have the floor for a maximum of three(3)minutes each time 2• Cell phone and email use shall be limited during any city
they have the floor. ouncil members may request time in addition to the allotted three(3) council meeting. Exceptions may be granted at the
tl discretion of the presiding officer.
minutes. Such requests for additional time shall be made to the presiding officer and,granted at
the presiding officer's discretion. 3.Cell phone and email use shall be limited prohibited
during any city council meeting. Exceptions may be granted
at the discretion of the Dresiding officer.
D. 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 Commented[WKSN751:7/15/2019-53:28
member may appeal to the presiding officer for an opportunity to explain the remarks. If no Commented[WKSN16]:Strike shall and insert may—
appeal is made,the decision of the presiding officer shall be conclusive,but if the member shall 7/22/2019-52:08.
appeal from the decision of the presiding officer,the council shall decide the question without Commented[PKU17]:
debate by majority vote. /_,
DECISION REQUIRED
At the 7/22/19 work session,council decided to strike
1-4A-11:(1-5-7: COUNCIL MEMBER ABSENCE: "shall"and insert"may". A second option is proposed
below. Council needs to pick one.
Council members who are unable to attend a scheduled meetings all may notify the mayor and
city clerk prior to the meeting. 1. Council members who are unable to attend a scheduled
meeting shell may notify the mayor and city clerk prior to
the meeting.
2. Council members who are unable to attend a scheduled
meeting shall naay notify the mayor and or city clerk prior
to the meeting.
Updated Draft 9/16/2020 7
2020 Revisions During Postponement Comment Codes:*[CC#]=Comments from City Clerk;*[WKSN#]=Council Work
Session Changes June-December 2019;*[PKU#]=Changes discussed by Mr.Morrissey and City Clerk January-March
2020. Words in green note changes discussed by Mr.Morrissey and City Clerk during postponement. Words in
purple or black note City Clerk changes. Words in blue note language adopted from June-Dec.2019 work sessions
and changes to current code.
1-4A-12:(L-5_-8.)COUNCIL PARTICIPATION VIA TELEPHONE OR IVIDEO�_, Commented[CC18]:9/2/2020-section language
updated to include use of Zoom.
A Council member who is physically unable to attend a meeting may participate via telephone or
video. They shall provide 4 reliable telephone number,4 quiet environment,join the meeting by — Commented[CC19]:9/9/2020:
5:30 p.m.,and attempt�of kemain on the phone or connected to the video conference for the entire
meeting. DECISION REQUIRED
The phrase,"a reliable telephone number"was included to
1-4A-13: 1( 5-11:)PLACING ITEMS ON THE AGENDA: 'I address concerns from some council members about
repeated dropped calls during a meeting. Now that we use
A. All agenda items and supporting materials are due to the city clerk's office at a date and time Zoom,a phone number is not the only method for council to
designated by the city clerk on the Wednesday preceding the regular Council meeting. The participate in a meeting. Alternatives include striking"a
g x'-11 gg g reliable telephone number"or developing an alternative
process for adding items to the agenda varies for staff,council,and the mayor. Ordinance br I that fits with the intended requirement of the phrase.
amendment changes shall follow Subsection D of 1-6-5. Agenda items shall be added as Council needs to pick one.
follows: I They shall provide a reliable telephone number,a quiet
environment,join the meeting by 5:30 p.m.,and attempt to
1. Mayor and Staff:Mayor and staff members shall submit agenda items using thea eg lido remain on the phone or connected to the video conference
management software. i for the entire meeting.
i
They shall provide a reliable telephone number or intemet
2. Council:Council members shall submit kegular session 4genda items to the mayor 6d connection,a quiet environment,join the meeting by 5:30
shall do so by the deadline designated by the city clerk. Items submitted by council shall p.m.,and attempt to remain on the phone or connected to the
I
be reviewed by the city attorney,city clerk,or appropriate staff and be placed on a work video conference for the entire meeting.
session agenda for discussion and review prior to being placed on the re ug lar agenda for Commented[PKU20]:
DECISION REQUIRED
a vote.
I Council added the words"attempt to"at the 7/22/19 work
B. The finalized agenda and packet shall be available to the public at the close of business of the session. An alternative option is to strike the words
Friday preceding the council meeting. The mayor has final approval of all items listed on the ""attempt to Council needs to pick one.
agenda submitted by staff members. Once finalized,the mayory withdraw an,, item to 1. They shall provide a reliable telephone number,a quiet
the council meeting and shall do so in writing in the form of an amendment notice provided to
council at the start of the meeting. The amendment notice shall include a reason for withdrawing ,� remain on the phone for the entire meeting.
the item. Council may choose to keep the item on thea eg nda by a majority vote. environment,join the meeting by 5:30 p.m.,and attempt to2. They shall provide a reliable telephone number,a quiet
environment,join the meeting by 5:30 p.m.,and attemnEte
1-4A-14:(1-5-_10-)AFFIRMATIVE MOTIONS: remain on the phone for the entire meeting.
II_ Commented[WKSN27]:7/22/2019-55:48.
A. All motions,resolutions,ordinances shall be listed on the agenda in the form of an Commented[CC22]:Link ordinance approval process to
affirmative motion to enact,adopt,approve or other appropriate language. The council members 1-6-5 to ensure that both staff,mayor,and council all
who move and second the motion are not required to vote in favor of the item during the roll call submit the ordinance for review and work session prior to
Or voiceyote. I the first reading.
Commented[WKSN23]:8/19/2019-35:56.
B. A motion to rescind an ordinance or resolution shall not be placed on the agenda in the I Commented[CC24]:
affirmative. I DECISION REQUIRED
1-4A-15:(L-5_-9.)ORDER OF BUSINESS FOR REGULAR MEETINGS: Consider inserting work sessions.
The sentence would then read as follows:Council members
A. Business for a regular meeting may be ordered as follows: shall submit regular session and work session agenda items
to the mayor and shall do so by the deadline designated by
Roll Call the city clerk.
PraM Invocation br Moment of Silence Commented[PKU25]:
Pledge Of Allegiance DECISION REQUIRED
Approval of Agenda,as proposed or amended Council approved adding the words"regular session"on
Approval of Minutes of the previous meeting ' 8/19/2019. A second option is proposed below. Council
Presentations or Recognitions needs to pick one.
Public comment 1. Council:Council members shall submit regular session
Consent Agenda(The Consent Agenda is reserved for routine resolutions and motions, acteagenda items to the mayor and shall do so by the deadline
upon by roll call vote on a single motion without discussion. Council shall either vote yea or nay. , designated by the city clerk.
when the roll is called. Council may remove an item from the Consent Agenda and consider it
� 2. Council:Council members shall submit regular session
separately.) and work session agenda items to the mwyeF city clerk and
Items that may appear on the Consent Agenda include but are not limited to the following_ shall do so by the deadline designated by the city clerk.
1.Resolution of bills Commented[WKSN26]:Strike prayer and insert
2.Setting date of public hearing invocation 8/19/2019-34:17.
3.Assessment cancellation
Updated Draft 9/16/2020 8
2020 Revisions During Postponement Comment Codes:*[CC#]=Comments from City Clerk;*[WKSN#]=Council Work
Session Changes June-December 2019;*[PKU#]=Changes discussed by Mr.Morrissey and City Clerk January—March
2020. Words in green note changes discussed by Mr.Morrissey and City Clerk during postponement. Words in
purple or black note City Clerk changes. Words in blue note language adopted from June—Dec.2019 work sessions
and changes to current code.
4.Water kill
5.CLURA/CUBA applications
6.Waiver for a concrete driveway application
7.Bid Awards
8.Noise variance
9.Travel request approval
10.License/Permit approval
11.Board/Commission/Employee appointments
12.Bonds
13.Request to seek proposals
14.Approval of change orders
Remainder of the Agenda may include but is not limited to the following_
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
B. The mayor or council shall have the authority to vary from this schedule to expedite the
conduct of business or accommodate persons having business to be considered by council.
1-4A-16:(1-6-10:)MAYOR'S ROLE IN APPROVING LEGISLATION:
A. The ma,,o�y 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 city
council at the time of the veto. Within thirty days after the mayor's veto,the city 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 published,but not sooner than fourteen
days after the date of passage,unless a subsequent effective date is provided within the ordinance
or amendment.
1-4A-17: 1-639: ORDINANCE: Commented[CC27]:After reviewing the video from
8/19/2019,1 believe there was some confusion behind the
A. An ordinance is a legislative act prescribing a general,uniform,and permanent rule of purpose of 1-6-4 vs.1-5-11 and that confusion is due in part
conduct relating to the corporate affairs of the municipality. Council action shall be taken by to the lack of a reference to 1-5-11 in this section.
ordinance when required by law or to prescribe permanent rules of conduct that continue in force
until repealed or amended. The city council may amend any ordinance it deems appropriate by
following Subsection D of this section.
B. All ordinances require three(3)readings to adopt. The second reading shall 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 or third readings of an ordinance may be
suspended so that council rnU proceed with final adoption of the ordinance following its first
reading. Council members shall,give consideration to matters of public safety,economic
development,and time sensitive issues when deciding to suspend the rules.
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.
AD. The following procedure shall be followed for adopting an ordinance:
Updated Draft 9/16/2020 9
2020 Revisions During Postponement Comment Codes:*[CC#]=Comments from City Clerk;*[WKSN#]=Council Work
Session Changes June-December 2019;*[PKU#]=Changes discussed by Mr.Morrissey and City Clerk January—March
2020. Words in green note changes discussed by Mr.Morrissey and City Clerk during postponement. Words in
purple or black note City Clerk changes. Words in blue note language adopted from June—Dec.2019 work sessions
and changes to current code.
1. An ordinance proposed by a city employee or elected fficial b1114 shall e reviewed b Commented[CC28]:Clarification on the process an
the ci attorne of city clerk or mayor, hen be placed on a work session a ends for ordinance needs to follow regardless of whether its
review by council. A draft of the ordinance shall be included in theagenda packet. ; , proposed by an employee or elected official.
Unless further discussion is required,the ordinance shall be placed on the next regular ` Commented[WKSN29]:Change from must to shall for
session meeting agenda. consistency.
Formatted:Strikethrough
2. The title of each ordinance shall in all cases be read prior to its passage. A council Commented[WKSN30]:Add"or mayor'8/19/2019—
member may make a motion to amend language in the ordinance prior to the adoption of 41:45.
the first reading. The city attorney or city clerk shall 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 shall not 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 shall be allowed.
3. If an ordinance fails at any stage of its adoption,the ordinance shall be considered
defeated.
4. Traffic and zoning ordinance changes are not required to be placed on a work session for
discussion prior to a vote on the regular agenda.
13E. In all cases of adoption,repeal or amendment of an ordinance,the ayes and nays shall be
taken and entered on record,but a failure thus to enter them shall not invalidate the action of the
council. In all other cases,if any member of the council requires it,and histhe motion is
seconded,the ayes and nays on any question shall be taken and entered upon the minutes.
1-4A-18: 1( 6-48:)RESOLUTION:
Commented[WKSN31]:8/19/2019—46:30.
A. A resolution is a formal statement of policy or order for action. City council action shall be Commented[CC32]:9/15/20:This sentence should be
taken by resolution when required by law and in those instances where an expression of policy - removed as this alters the purpose of a motion under Iowa
law. Iowa Code sets out the following differences between
more formal than a motion is desired,or where a more complete written record is appropriate. motions and resolutions:
B. Resolutions require one reading and the approval of a majority of all of the members of the -Iowa Code 380.4,the threshold of approving a motion is
council. They become effective once signed by the mayor and are subject to the mayor's power a majority vote of a quorum of a council while a
to veto or take no action. resolution is a majority of all of the members of council.
-Iowa Code 380.6,the effective date of a resolution
AC. Mayor and Staff:Mayor and staff members shall submit resolutions to theagenda in � I occurs as soon as it is signed by the mayor or 14 days
accordance with Section 1-4A-13(A)(1)of this Code. after the passage by council if the mayor chooses to take
no action. A motion becomes effective upon adoption by
council.
13D. Council members shall submit proposed resolutions in accordance with Section 1-4A-
13(A)(2)
-4A-
13 A 2 of this code. -The mayor cannot veto a motion.380.6(2)
-The city clerk is required under 380.7(4)to authenticate
1-4A-19: 1( 6-37:)MOTION: all measures except motions with a signature and
certification as to the time and manner of publication,if
A. A motion is a measure passed by the city council directing that a specific action be taken on any.
behalf of the municipality. A motion becomes effective upon passage. A motion,once approved
The effect of this sentence as it reads is as follows:
and entered into the record,is the equivalent of a resolution in those instances where a resolution
is not required by law. -The mayor would have the ability to veto any motion
(including call the question or amend,licenses or permits,
B. No motion shall be put or debated unless seconded. When a motion is seconded,it shall appointments of employees,etc.).
be stated by the mayor before debate,and every motion shall be reduced to writin if f required by -Motions,including motions to adjourn,would have to be
the mayor or any councilperson. written,signed by mayor to become effective,and signed
by the city clerk. This would make debate,particularly
B,C. After a motion or resolution is stated by the mayor,it shall be deemed to be in possession amendments to motions,cumbersome.
of the council,but may be withdrawn at any time before decision;however,if any amendment -Motions would need to be approved by all of the
has been proposed or adopted,the motion or resolution shall not be withdrawn without the members of council rather than a quorum of members
consent of the mover of the amendment. present.
E D. If a question in debate contains several distinct propositions,any member may have the -Motions would no longer become effective upon
adoption.
question divided when the sense admits of it,prior to the vote thereon.
Updated Draft 9/16/2020 10
2020 Revisions During Postponement Comment Codes:*[CC#]=Comments from City Clerk;*[WKSN#]=Council Work
Session Changes June-December 2019;*[PKU#]=Changes discussed by Mr.Morrissey and City Clerk January-March
2020. Words in green note changes discussed by Mr.Morrissey and City Clerk during postponement. Words in
purple or black note City Clerk changes. Words in blue note language adopted from June-Dec.2019 work sessions
and changes to current code.
D7 E. In all cases where a resolution or a motion is entered on the minutes of the council,the
name of the council member moving the resolution or motion shall also be entered.
1-4A-20:MOTION TO CALL THE PREVIOUS OUESTION: - Commented[CC33]:9/3/20:Modified from section 1-4-
3(D)(7)of city code by using language from Robert's Rules of
When the previotts question is fneved and ptA,it shall be in this fofw "Shall the Riain que Order. Included as council periodically calls the question.
be now puV"ifthis"estion is eafr-ied,all proposed ameadmet4s And.-all fii-A-her Motions an
debates shall be exeluded,and the Vestien be ptA withei4 delay
A motion to call the previous question may be made to any immediately pending debatable or
amendable motion. The motion is out of order when another council member has the floor,must
receive a second,and must be approved by two-thirds majority vote of a quorum of the council.
If the motion carries,all debate must cease and the question shall be immediately—put to a vote.
1-4A-21:MOTION TO[ADJOURN: Commented[CC34]:9/3/2020:Included from 1-4-3(D)(6)
of city code. Inclusion prevents using adjournment as a
A.A motion to adjourn the city council shall be in order except: method of ceasing debate.
1. When a member is in possession of the floor.
2. While the members are voting.
3. When adjournment was the last preceding motion.
4. When it has been decided that the previous question shall be taken.
B. A ♦��� ithoi t t be ,lo,l b t tion to to
�CIV1T Vl1�VP1-LIIpl[L-1m11CTPG-I�-IR�11VrVli—CC[�iIGLIITGCT,��C'CrRTrlVGIV1TC�C VC[l�'1" [�C eiven
tinie may be and is open to deb- .
B. A motion to adjourn the meeting may be made at the end of the public meeting. The city
council may make a motion to adjourn to a specific date and time in the future. A motion to
adjourn to a future date and
,,time is open to debate and may be amended.
1-4A-22:MOTION TO(AMEND: Commented[CC35]:9/2/2020:Included from 1-4-3(E)of
city code.
A. A motion to amend an amendment shall be in order,but to amend an amendment to an
amendment shall not be entertained.
B. An amendment modifying ing the intention of a motion shall be in order,but an amendment
relating to a different subject shall not be in order.
1-4A-23:(1-6-15:)MOTION TO POSTPONE:
Postponing an item or a metion to a speeifie date and time enstifes that the itefn or fnefieft will be
on the agenda at the adopted date and time. Any item or motion"ieh is to be eonsider-ed at the
next meeting should be post.one-.l to tl,.,t vr,00ting rather-than table
A motion to postpone,if seconded and approved by majority vote of the city council,shall
postpone an agenda item to either a specific date and time or indefinitely. Any item on the
agenda which is to be considered on a specific,future date and time shall be postponed to that
meeting rather than tabled.
1-4A-24:(1-64016:)MOTION TO RECONSIDER:
1,4 A m-n-ti A-4i m-01 N,b e rwonsideFed at any time dufing the same meeting of the e ottne-411 Aerr at-th pe,
first tneetine held thereafter. A tnation for reeensideration bein., nee made and deeided4n4he
shall not be renewed before.fl,o np.*f m-eeting. A motion f,. �f l.o.,,..,lo L..,
Updated Draft 9/16/2020 11
2020 Revisions During Postponement Comment Codes:*[CC#]=Comments from City Clerk;*[WKSN#]=Council Work
Session Changes June-December 2019;*[PKU#]=Changes discussed by Mr.Morrissey and City Clerk January-March
2020. Words in green note changes discussed by Mr.Morrissey and City Clerk during postponement. Words in
purple or black note City Clerk changes. Words in blue note language adopted from June-Dec.2019 work sessions
and changes to current code.
B. if a fnetion to reeensider is fiat fnade a4 the first fneetine after the meetine at-A;ieh the item
failed,the;tow,shall t,o ;ae o t ao to a
„.,..ty to the-..e r.,..t t,.,s t,oPen nneti-;Pod..Fthpa._ffi_F ia4yo vote Commented[CC36]:Delete all original wording
Commented[PKU37]:
A. A motion to reconsider shall be made by a member who voted on the prevailing side,or by DECISION REQUIRED
those who were absent and did not vote upon the motion to be reconsidered. The motion may be
Council discussed the process for a motion to reconsider at
seconded by any council member. the 8/26/19 work session. Additional options are proposed.
Council needs to pick one option for Subsection B:
01. A motion may be reconsidered at any time during the same meeting of the council. A motion
B. A motion may be reconsidered at any time during the
for reconsideration being once made and decided in the negative,shall not be renewed before the same meeting ofthe council. A motion for
next meeting. A motion to reconsider may be made during the first meeting held after the item reconsideration being once made and decided in the
was considered by the council. A motion to reconsider shall be made during the other council negative,shall not be renewed before the next meeting. A
motion to reconsider may be made during the first meeting
business portion of the agenda. If the motion to reconsider is approved by majority vote,the held after the item was considered by the council. A
agenda item will be placed on the agenda the following week for a vote. motion to reconsider shall be made during the other
council business portion of the agenda. If the motion to
reconsider is approved by majority vote,the agenda item
�. A motion to reconsider shall not be made after the first meeting held after the item was will be placed on the agenda the following week for a
considered by the council. vote.
,, B. A motion may be reconsidered at any time during the
01. A motion to reconsider cannot be made to an affirmative vote on a contract. same meeting of the council. A motion for
reconsideration being once made and decided in the
1-4A-25:(1-6417:)MOTION TO RESCIND: negative,shall not be renewed before the next meeting. A
motion to reconsider shall be made during the other
council business portion of the agenda. If th—� motion -to
Council members may rescind any vote by a majority vote,provided notice of the motion oto reconsider is..ppre*ed by---'-_:t.,vet, the_-__a-
rescind has been given at the previous meeting. If notice was not provided at a previous \ itemfor- ..
meeting,a vote may be rescinded by a two-thirds vote. City staff may place a motion to rescind I
on the agenda when it is procedurally necessary to rescind a vote. Commented[PKU38]:
DECISION REQUIRED
1-4A-26:(1-6-611:)TIE VOTE: I Council discussed the process for a motion to reconsider at
the 8/26/19 work session. Additional options are proposed.
When a tie vote occurs,the motion fails. i `; Council needs to pick one option for Subsection C:
i
C. A motion to reconsider shall not be made after the fust
1-4A-27:(1-6-_712-)ABSTENTIONS: I i I meeting held after the item was considered by the council.
C. A motion to reconsider may be made by a council
All council members are required to vote on an item unless they have a direct interest,in which member at the first council meeting after that item was
case,they shall abstain from voting. A direct interest could be a familial,business,or financial II considered and voted upon by council. Other than the
tie to an agenda item. Abstentions shall only be used in the case of a conflict of interest. An same meeting as originally voted upon or the first
meeting after that original vote,a motion to reconsider
abstention declared for any reason other than a conflict of interest shall be recorded as a vote in is out of order.
the affirmative. Commented[PKU39]:
DECISION REQUIRED
1-4A-28: 1( 6-813:)CONFLICT OF INTEREST:
Council discussed the process for a motion to reconsider at
the 8/26/19 work session. Additional options are proposed.
A. Any council member present at any meeting may disqualify themselves or abstain from I, Council needs to pick one option for Subsection D:
voting in case of a conflict of interest,in which case the disqualification shall be publicly
declared and a record made thereof. D.A motion to reconsider cannot be made to an affirmative
vote on a contract.
i
B. A conflict of interest shall be recorded in the minutes as an abstention and the vote shall be D.A motion to reconsider shall not be made to an
calculated based on the number of members not disqualified based on the conflict. affirmative vote on a contract and the party has been
notified of the outcome,the provisions of the motion have
C. Public meetings and idig hose meetings h
action urn those s are occurrences were been partially carried out,a vote has caused something to
d f
g g be done that cannot be undone,or some other
appearances are as important as substance. The test of whether the appearance of a parliamentary motion can obtain the same result.
conflict of interest is present is as follows: "Would a disinterested person,having been apprised III Commented[WKSN40]:Revised motion to reconsider
of the totality of a council member's personal interest in a matter being acted upon,be i' process per 8/26/2019 Work Session.
reasonably justified in thinking that partiality may exist?" j Commented[CC41]:Additional edit from Chris
Wendland.
D. Prior to taking office each council member shall complete a conflict of interest declaration
form. Said forms shall be filed with the chief financial officer,and council members shall be commented[WKSN42]:Leave as affirmative.8/26/2019
required to disclose additional conflicts of interest as they arise thereafter. -26:17.
Updated Draft 9/16/2020 12
2020 Revisions During Postponement Comment Codes:*[CC#]=Comments from City Clerk;*[WKSN#]=Council Work
Session Changes June-December 2019;*[PKU#]=Changes discussed by Mr.Morrissey and City Clerk January—March
2020. Words in green note changes discussed by Mr.Morrissey and City Clerk during postponement. Words in
purple or black note City Clerk changes. Words in blue note language adopted from June—Dec.2019 work sessions
and changes to current code.
E. 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,business,or personal interest,in accordance with Iowa Code 68B.2A
and&362.5.
1-4A-29:(j-6-_9I4-.)CONFLICT OF INTEREST PROTESTS:
Council members seekingto o disqualify a council member from participating in a decision based
on a conflict of interest shall 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.
Appeals shall be made to the presiding officer who will then confer with the city attorney.
1-4A-30:(1-64218:)GENERAL RULES FOR PUBLIC PARTICIPATION:
A. 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 public is required
to follow the rules listed in this chapter when speaking during a regular council meeting.
A B. At the presiding officer's discretion,individuals may address the presiding officer 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.
BC. Comments shall be germane and refrain from personal,impertinent,or slanderous remarks.
Formatted:Strikethrough
Commented[WKSN43]:Remove registration
requirement for public comment 9/3/2019.
D G D. Cell phones and electronic devices shall be set to silent prior to the start of the
meeting. Formatted:Strikethrough
1-4A-31:(1-6-1319:)PUBLIC COMMENT SECTION OF THE AGNEDA:
A. Individuals shall speak one(1)time on only one(1)issue for a maximum of Lthree(3)minutes Commented[WKSN44]:Change from two minutes to
only if they have registered with the City clerk's office no later than 4:00 p.m.on the da o� three minutes,9/3/2019,41:54.
council meeting. Individuals who have not registered shall not be pertnitted to speak during the
public C011llllerit portion Of the agenda. �cvcaxcn-ixxcmvcr.rShall rnot S ccnc-cnmrrcthis crmc. �,��' Commented[WKSN45]:Create new section that allows
Individuals Shall only speak on matters not listed on the re lg llaiy�w-vi=pis sessio council to comment during the public comment portion of
a endas or that date. Any matter presented shall be directed to the residin the agenda. 9/3/2019.
officer and addressed,if necessary,after the meeting,
Formatted:Strikethrough
B. Council members may speak during public comment portion of the agenda after the public % Formatted:Strikethrough
has finished speaking.p g. \ \ Formatted:Strikethrough
C. City staff shall not be required to provide an immediate answer to a matter presented during a commented[w agendas
du:Allow public to speak to items
listed on other agendas during public comment.
council meeting unless it specifically pertains to an item on the agenda.
1-4A-32:(1-6-1420:)PUBLIC COMMENT DURING PUBLIC HEARINGS: Commented[cC47]:Additional edit from Chris
Wendland.
Individuals may speak during the public comment portion of the a scheduled public hearing fora Commented[CC48]:Additional edit from Chris
maximum of three(3)minutes or may submit written comments to the city clerk by 4:00 p.m.on Wendland.
the day of the public hearing Groups of citizens with similar viewpoints are encouraged to \ Formatted:Strikethrough
select a representative to share the viewpoint of the group.
1-4A-33:(1-64521:)PUBLIC COMMENT DURING AGENDA ITEMS:
Commented[CC49]:Additional edit from Chris
At the discretion of the presiding officer,individuals may peak�or a maximum of three(3) Wendland.
minutes(when the council discusses agenda items h r an w.aMin um of three(3) s ,!�_— Commented[CC50]:Additional edit from Chris
section does not apply to businesses or parties directly involved in agenda items. Wendland.
Formatted:Strikethrough
Updated Draft 9/16/2020 13
2020 Revisions During Postponement Comment Codes:*[CC#]=Comments from City Clerk;*[WKSN#]=Council Work
Session Changes June-December 2019;*[PKU#]=Changes discussed by Mr.Morrissey and City Clerk January—March
2020. Words in green note changes discussed by Mr.Morrissey and City Clerk during postponement. Words in
purple or black note City Clerk changes. Words in blue note language adopted from June—Dec.2019 work sessions
and changes to current code.
1-4A-34:(1-64622:)VIOLATING RULES OF PUBLIC PARTICIPATION AND
SERGEANT AT ARMS:
Violations of the rules for public participation listed in this chapter shall be addressed 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.
CHAPTER 4
ARTICLE B
CONFIDENTIAL INFORMATION
1-6B-1:PURPOSE:
1-6B-2:SCOPE:
1-6A-3:INTERPRETATION:
1-6B-4:CONFIDENTIAL INFORMATION:
1-6B-5:CLOSED SESSIONS:
1-6B-6:VIOLATION:
1-6B-1:PURPOSE:
The purpose of this article is to establish rules for elected officials 4nd employees konCeming the Commented[WKSN51]:Make the article apply to
dissemination of confidential information and emphasize their duty to protect the ci, from elected officials and city staff-9/16/2019 Work Session.
liability or financial loss by disseminating confidential information.
1-6B-2:SCOPE:
Confidential information shall include but not be limited to the following:Information deemed
confidential pursuant to Iowa Code 22. information presented durin closed session — Commented[CC52]:Correct code section is§22.7.
meetings,and legal,
regarding whether hoersonnel,property,
y and economic development matters. Questions Formatted:Strikethrough
remain confidential should be referred to the city attomey,
city clerk,or appropriate staff member.
1-6B-3:INTERPRETATION:
This article shall not be construed to prohibit reporting bona fide violations of law or city policy
to a proper authority or agency for investigation.
1-6B-4:CONFIDENTIAL INFORMATION:
A. Elected officials and kmployeesshall respect the confidentiality of information concerning Commented[WKSN53]:Make the article apply to
the property,personnel,or affairs of the city. An elected official r employee 6hall not elected officials and city staff-9/16/2019 Work Session.
knowingly disclose information that they know or reasonably should know is confidential Commented[WKSN54]:Make the article apply to
information,regardless of the source of the information,without legal authorization. If an issue elected officials and city staff-9/16/2019 Work Session.
arises as to whether information is confidential,the city attome, shall a legal opinion.
B. An elected official br employee Ishall not knowingly use or disclose any information gained Commented[WKSN55]:Make the article apply to
in the course of or by reason of his or her official position,and which has not been made public, elected officials and city staff-9/16/2019 Work Session.
to advance his or her financial interests or to further the financial interests of any family member
or business relationship.
C. Elected officials nd em to ees Ishall not disseminate information conceming pendingor Commented[WKSN56]:Make the article apply to
threatened litigation to which the city is a party or threatened to be made a party,which could elected officials and city staff-9/16/2019 Work Session.
reasonably be interpreted as an admission of liability on behalf of the city or which a reasonable
person would interpret as being prejudicial to the interests of the city,unless compelled to do so
by law.
Updated Draft 9/16/2020 14
2020 Revisions During Postponement Comment Codes:*[CC#]=Comments from City Clerk;*[WKSN#]=Council Work
Session Changes June-December 2019;*[PKU#]=Changes discussed by Mr.Morrissey and City Clerk January—March
2020. Words in green note changes discussed by Mr.Morrissey and City Clerk during postponement. Words in
purple or black note City Clerk changes. Words in blue note language adopted from June—Dec.2019 work sessions
and changes to current code.
1-6B-5:CLOSED SESSIONS:
Information discussed or to be discussed in closed session is confidential,shall remain
confidential,and is not to be discussed outside the closed session. Information discussed in
closed session may be discussed during a regular session or special session of the city council
when action is required by council. This section shall apply to any individual present for a close
session meeting.) Commented[WKSN57]:Put period after closed session
and clarify that confidential information discussed in closed
1-68-6:VIOLATION• session may be discussed in open session when action is
required by council. 9/16/2019 26:47
A. Disclosing confidential information may have detrimental effects on the city including its
finances and reputation,elected officials individually,staff members,and citizens. Elected
officials Lnd em to ees Lre encouraged to ask questions and seek and heed the advice of cit Commented[WKSNSs]:Make the article apply to
staff,insurance providers,and legal counsel when involved in matters that are confidential in elected officials and city staff-9/16/2019 Work Session.
nature.
B. Complaints alleging violation of this article shall be reported in writing to the mayor,or if the
mayor is involved,to the mayor pro tem. The complaint shall include specific,detailed
information to support the allegation. The complaint shall then be referred to the city attorney or
appropriate staff member for investigation.
C. Violations of this article may include but are not limited to the following penalties:
1. Censure:Censure may apply oto elected officials and proceedings shall be conducted in Commented[WKSN59]:clarify that censure is for
accordance with article 14C of this code. Censure should only be exercised when elected officials.
members can objectively prove a violation of the policy has occurred and can ensure that \ Commented[WKSN60]:Make the article apply to
further disclosure of confidential information will not take place as a byproduct of elected officials and city staff-9/16/2019 Work Session.
censuring an elected official.
2. xnnfi,t r r:" a,, ., Any a;",a,. ,ffe'ne,aae,41ti,t made...;+t,,...+,.- Formatted:Strikethrough
Commented[WKSN611:Strike 9/16/2016.
3. Oersonal Liability:An elected official may be personally liable if acts in the performance Formatted:Strikethrough
of a duty are performed with intentional misconduct or knowing violation of the law,or Commented[CC62]:Renumber section.
for a transaction from which the person derives an improper personal benefit.fflahee or-i€ Formatted:Strikethrough
4. bii fr'Coverage:Liability a"isine etA ef—aaw, C4mifian� "siofiest. Commented[CC63]:City Attorney recommends that the
frau&lefit, —R]ici us. out aet ,knowine vioiation of rms city not codify a decision that would be made by the
,,,itteat..,., oto^+e,7,.FF;eial o ..;+1,N,o,. „+ t�"RIA.to,t,.o..F+he oto^+e,7„ra^;"� '�,\ insurance company.
be exeltided f afn e ^ der-the^'+^'s liability'ifistifaflee. Formatted:Strikethrough
Formatted:Strikethrough
" Formatted:Strikethrough
Commented[WKSN64]:Strike and rewrite a new
censure procedure. New procedure should contain an
1 6B 1!PURP S .
internal review process. 10/28/2019.
•CENSURE DEFINED--
Formatted:Strikethrough
1 6B 2.COMP INT PROC A4 .
1 6B 4!RESOLUTION AUTHORIZING 1NIIESTIGATION-
I 6B 6!CENSURE HEARING
1 6B 1.PURPOez,.
state, eipm-law-and Sciivcisv'iv iccroixo-vr-acc6pcca cicyivrrcics
Updated Draft 9/16/2020 15
2020 Revisions During Postponement Comment Codes:*[CC#]=Comments from City Clerk;*[WKSN#]=Council Work
Session Changes June-December 2019;*[PKU#]=Changes discussed by Mr.Morrissey and City Clerk January-March
2020. Words in green note changes discussed by Mr.Morrissey and City Clerk during postponement. Words in
purple or black note City Clerk changes. Words in blue note language adopted from June-Dec.2019 work sessions
and changes to current code.
1 6B 22 CENSURE DEFPir�-
eood faiitharida:. Ge oeaffl*ies o fine suspension Ofthe r:gatsr*��
punishment for-vffonedoine.
1 6B 3!COMPLAINT PROCEDURE-
e Co the G1Ty G"LG—CrGV1„TI�«JiCCiLIi
and request for- e hear,« cello eaviolation..F 1.,..,ors evi ous violation-of
The eoffli3iffif4 shall j3f-2±jdtfVt�tj&
to .,tiefis and s ,..-4:« ,idea e of s ,.:f:,.,. «,1,,,.4 allegedto violate 0 :..4;« 1.,...,. .,,1 40
eity Heli,;ems The eity.leAE shall laeo this matter-on the agenda F,-the,
o ffi.:.,1 as seen as sible fellowin o 0 4 1.,,4 not less 41,.,«24 L.,.,,. 4„
couneil meeti« at m4iieh the„ 1.,:«4.,«.1 Fe p. 4 fqr-aog4:j�at:..�.:11 bee ,,;ide"red
1 6B 4!RESOLUTION AUTHORIZING!NNIEST-IGATION--
eonunittee to kwestieate the alleeation. Only eetineil members who are not the
eoniplaint_s l��ll��..4� 41,0 ..1„4;.,«w, s4 r o oi-inanim-neiws ..40.,f 41,0 rmomiainiin
eeuffeit
A Ifthe reqp1iition r4ieatror" -.nMi**ce,;Il.arzl1'�tca4�r« .4�0
1 «4 4 fe ft1. 41,;.. fti 1 Th L, ll � 4 '1 1. to 4�GT1 G-VV '44
eel�irt=.arrc-asseszvrarm-arrs-�src:sic. rm=rr�.cyvi SrrFa-rf�3pvii-r�e�rocisc�c c eviimiiccee
the eomplaifA,the mayor-f)Fo tefn q-444-al-11 R-P-4-q,'Le A-4-4-ttlhw, ---W--iAtke-Le Faind appoint its fne herq If4;R*Iq
.1 ktho tow.have s 1. i44 .1 ktho i � 4 the 4.. f41,
t13e-niapvi—Faicc c isr`yvr—piv cm-ixcrrc 5cn�isc' cca c cvi:ipranic-yr—Fxic :xc�cccr-v cxxe
ell,thxe-" ^e1 w, «.h-o-iwFth thel-nonneest tefwr azQ•7 who i•• of the subieet off tho
e,effffnittee.
the eemplaint to the full eity eounc-i+1.
G. The eity elerk shall be assif�ned to post publip meetinf�notiees-ofthe eenumittee and-t—alce
in stibseetion E. The eity attomey shall be assiened4o-a5sist the eommittee with-the
ifivestij�ation as may be neaessaFy and ensure due lmoeess :.;4h the eedin..
to assist in its kwestieation and reyeft to the eethgeil.
E.
o4emiine;F n side r:« all thee F ets ando idea a there are nable «ds that the alleeed
shall f flake., ,.-:440«f eft to the a ,.:1..4.,4:« the s ,.:fie law o olio ...11eged tFal
Updated Draft 9/16/2020 16
2020 Revisions During Postponement Comment Codes:*[CC#]=Comments from City Clerk;*[WKSN#]=Council Work
Session Changes June-December 2019;*[PKU#]=Changes discussed by Mr.Morrissey and City Clerk January—March
2020. Words in green note changes discussed by Mr.Morrissey and City Clerk during postponement. Words in
purple or black note City Clerk changes. Words in blue note language adopted from June—Dec.2019 work sessions
and changes to current code.
1..,,.e Leen violated, n.l s the c hint ,idenee and the r „its of.,ny additional
is not s «ot4ed by s4fie ent e idenee of aviolation of law,. serioiis violation ofmeommend
..tion to the entire,.:t ,.:1 and set the natter for., „1.1:,.e e hear
and.. a he..r:« of. nte,] the aenstire est: ..lien e m ttee..1...111
T6B L.CENSURE SUREi 14 AR4NG--
A.c The eit ,.:1 shall re-solution sett:« the date of the e a he.,rin����
must eeetir at least thirty days after the date the h
41otiop.hp, ,od 41ot fhA41 fifteen days r t,.the-,,l.,te„f thp,he..r:n..
A t t1. h the that: the t f th 1 t 1. it 1-. .-t. 't.,t
��mc-nczsrr'ni cac�3crJrnrmrss-rscrcc�eccvi the cvi �xxcm-v��i=dcn-&s-v�vrcciFiz-c�c6
-heard and ere nt e.:Qe e to Yeci to-crhe"liieeativn�
city cvii icri�cccisroxnrcvecnSm e-i"iciScvczxa6pcavyresolution. The reselti4ion niust list
the findifi bawd A- Is..l.Ist,ntial a .:.lenee that the person sed has a e.l: n,l,,..t t-41 t
d by at least five
the,.:t.. '1 the ,1
cvciixczivi cnc�i6l3vvca ccn:riiie.
CHAPTER 4
[ARTICLE Commented[WKSN65]:New censure procedure
CENSURE OF ELECTED OFFICIALS approved via council comment 11/25/2019.
1-6C-1:PURPOSE:
1-6C-2:CENSURE DEFINED:
1-6C-3:COMPLAINT PROCEDURE:
1-6C-4:CENSURE
1-6B-1:PURPOSE:
Elected officials may pursue formal action in the form of censure to deter violations of this code
and violations of adopted city policies.
1-6C-2:CENSURE DEFINED:
Censure is a formal reprimand of a council member or the mayor for specified conduct that
violates this code or adopted city policies. Censure should not follow an occasional error in
judgment,which occurs in good faith and is unintentional. Censure carries no fine or suspension
of the rights of the member or mayor as an elected official.
1-6C-3:COMPLAINT PROCEDURE:
A. Any member of the city council may file a complaint concerning an alleged violation of this
code or of citypolicy by a council member or the mayor. The complaint shall provide specific
Updated Draft 9/16/2020 17
2020 Revisions During Postponement Comment Codes:*[CC#]=Comments from City Clerk;*[WKSN#]=Council Work
Session Changes June-December 2019;*[PKU#]=Changes discussed by Mr.Morrissey and City Clerk January—March
2020. Words in green note changes discussed by Mr.Morrissey and City Clerk during postponement. Words in
purple or black note City Clerk changes. Words in blue note language adopted from June—Dec.2019 work sessions
and changes to current code.
allegations and supporting evidence of specific conduct alleged to violate this code or adopted
city policy. The complaint shall be filed with the mayor,or if the mayor is involved,with the
mayor pro tem.
B. The mayor or mayor pro tem shall forward the complaint to the city attorney,police chief,
human resources director,or other proper authority to conduct an investigation to determine
whether the allegations in the complaint violate this code or city policy
C. Within thirty(30)calendar days from the date a complaint is filed,the mayor or mayor pro
tem shall produce a written report stating whether sufficient evidence exists to warrant censure.
A resolution recommending censure shall be placed on the city council agenda for a vote within
fourteen(14)days of the date of the report. If the report is in the negative,the complaint shall
not proceed to censure. A negative report may recommend corrective action be taken by the
accused to prevent further issue.
1-6C-4:CENSURE:
A. A city council decision to censure shall be adopted by resolution. The resolution shall list the
findings,based on sufficient evidence that the person accused has engaged in conduct that
constitutes a violation of this code or adopted city policy. The resolution shall be approved by
five affirmative votes of the council. The accused council member or mayor may participate in
deliberations. The accused council member may vote on the censure resolution.
K immediately following an affirmative vote to censure,the mayor may address the censured -- Commented[wKSN661:6:20:addition of section B,to
council member b,, stating that the censured council member should take notice of the censure allow a censure statement after the vote,11/2s/2019.
and govern themselves accordingly. The mayor pro tem may make this announcement if the
mayor is the subject of the censure.
Updated Draft 9/16/2020 18