HomeMy WebLinkAboutCouncil Packet - 12/7/2020 Council Work Session
December 7, 2020
Time indicated below
Meeting will be held virtually via Zoom. Visit https://cityofxvaterlooiowa.com/register
and register to receive the Zoom meeting information. Please contact the City Clerk's
Office at 319-291-4323 with questions.
Roll Call.
Approval of Agenda, as proposed or amended.
4:10 p.m. Discussion on holding two city council meetings per month and rules
of procedure.
Submitted By:Kelley Felchle, City Clerk
Approx. Discussion of rules pertaining to council member presentations, to be
4.40 p.m. included in the city council rules of procedure.
Submitted By: Sharon Juon,At Large Council member and Margaret Klein,
Ward 1 Council member
ADJOURNMENT
Kelley Felchle
City Clerk
CITY OF WATERLOO
Council Communication
Discussion on holding two city council meetings per month and rules of procedure.
City Council Meeting: 12/7/2020
Prepared: 12/2/2020
REVIEWERS:
Department Reviewer Action Date
Clerk Office Felchle, Kelley Approved 12/2/2020 - 3:17 PM
ATTACHMENTS:
Description Type
❑ Final Edits - Red line Backup Material
❑ Chapter 4 Ord. Backup Material
❑ # December 2020 - December 2021 Agenda Calendar Backup Material
❑ 2021 Work Session Schedule Example Backup Material
SUBJECT: Discussion on holding two city council meetings per month and rules of
procedure.
Submitted by: Submitted By: Kelley Felchle, City Clerk
Recommended Action:
Summary Statement:
Expenditure Required:
Source of Funds:
Policy Issue:
Alternative:
Background Information:
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:
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 by supervising and directing all city employees and departments. The mayor shall
recommend the appointment of department heads with the consent of council. The mayor shall
not vote on any measure. The mayor may appoint city council members to serve as non-voting
liaisons to city boards and commissions established under Title 2 of this code.
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. City council is responsible for enacting laws and setting
policy by which the city takes action.
1-4-3: COMPENSATION OF MAYOR AND CITY COUNCIL MEMBERS:
A. The mayor of the City of Waterloo, Iowa, shall receive an annual salary of ninety-four
thousand dollars ($94,000) 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.
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 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.
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.
1-4-4: COUNCIL MEMBER COMMUNICATIONS WITH CITY EMPLOYEES:
A. Council members shall refrain from becoming directly involved in the administrative
activities and daily responsibilities of employees. Council members may make inquiries of
department heads or their designee, for the limited, legitimate purpose of informing themselves
regarding agenda items or important affairs of an immediate and urgent nature. The mayor may
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 pertaining to city affairs.
Updated Draft 12/4/2020 1
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 concern 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: 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: 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: MEETINGS:
A. Regular Meetings: Regular meetings of the city council shall be held on the sefirst and
feuFth Mondays of each month at council chambers in city hall at five thirty o'clock(5:30)
P.M., or at such other designated place other than council chambers pursuant to Subsection E-F
of this section; however-, when. When a meeting date falls on a day designated by the city as a
holiday, the regular meeting shall be held on the following evening at five thirty o'clock (5:30)
P.M. in the council chambers at city hall, or at such other designated place other than the council
chambers. The city council may adjourn a regular meeting to 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 council chambers, or at such other designated place other than the council chambers
pursuant to Subsection E-F of this section.
given to the p„ lie by,.,,i,':,.atior. 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.
Updated Draft 12/4/2020 2
C. Work Session: Work session meetings of the city council may be held on the seeend first and
fetirth-third Mondays of each month at council chambers in city hall, or at such other designated
place other than council chambers pursuant to Subsection E-F of this section
.nWhen a meeting date falls on a day designated by the city as a holiday, the regular Meet;,, .
work session shall be held on the following evening in the council chambers at city hall, or at
such other designated place other than the council chambers. City council may hold work
sessions 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. City 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.
D. Planning Session: Planning session meetings of the city council may be held only on the
fifth Monday of a month at council chambers in city hall at five thirty o'clock(5:30)P.M., or at
such other designated place other than the council chambers pursuant to Subsection F of this
section. When a meeting date falls on a day designated by the city as a holiday, the planning
session meeting shall be held on the following evening at five thirty o'clock(5:30,)P.M. in
council chambers at city hall, or at such other designated place other than the council chambers.
The purpose of the meeting shall be for council to discuss future projects, policies, strategic
planning or any other matter consistent with the purview of the city council. The city council
shall not conduct any other business at the meeting except to authorize the payment of bills or to
approve emergency agenda items.
DE. Closed Session: Iowa Code § 21.5 outlines specific instances where cities are allowed to
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.
EF. Change of Location: Regular, special, or-work session, or planning session meetings of the
city council may be held at such other designated place other than council chambers in city hall
as the city council may deem advisable and necessary; provided, however, such designation of a
meeting place other than the council chambers in 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 §362.3.
FG. 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. If 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.
2. The city council provides public access to the conversation of the meeting to the extent
reasonably possible.
Updated Draft 12/4/2020 3
3. The city council complies with Iowa Code § 21.4. For the purpose of this paragraph, the
place of the meeting is the place from which the communication originates or where
public access is provided to the conversation.
4. Minutes are kept of the meeting. The minutes shall include a statement explaining why a
meeting in person was impossible or impractical.
CCH. 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 members may
receive informational briefings from staff, make site visits, receive public comments, or engage
in informal discussion.
1-4-8: STANDING COMMITTEES OF COUNCIL:
The mayor may 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. Nothing shall preclude the city council from acting as deemed necessary without the
input of a committee in the case of an emergency to appropriately and properly conduct the
business of the city. Each of the following committees shall specifically be assigned the
following responsibilities and other duties as deemed appropriate:
1. Finance Committee: This committee shall review travel requests,budget line item
amendments, expenditure pre-authorizations, and refund requests for sanitation services
in accordance with city finance policies and procedures. The committee shall meet prior
to each regular session and planning session.
1-4-9: SPECIAL COMMITTEES:
A. The mayor or a quorum of the city 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 city council. Members of city 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 city council if created by the city council. The special committee shall
be considered discharged upon delivery of the final report.
1-4-10: ALL MEETINGS AND RECORDS OPEN TO THE PUBLIC:
A. The city shall comply with Iowa Code Chapters 21 and 22 regarding open meeting and 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: METHOD OF KEEPING MINUTES:
A. Minutes of all city council 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
motion, resolution, ordinance or amendment. Minutes shall be available for viewing by any
member of the public during normal city hall business hours as soon as the minutes of the
meeting are complete. Minutes shall be made available no later than the close of business on the
Friday prior to the next regular council meeting.
Updated Draft 12/4/2020 4
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.
1-4-12: GIFT LAW:
A public official,public employee, candidate, or that persons immediate family member, shall
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— COUNCIL MEMBER:
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 REGULAR SESSION AND SPECIAL SESSION
AGENDA ITEMS:
1-4A-34: PUBLIC COMMENT DURING WORK SESSION AND PLANNING SESSION,
MEETINGS:
1-4A-3435: VIOLATING RULES OF PUBLIC PARTICIPATION AND SERGEANT AT
ARMS:
1-4A-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: INTERPRETATION:
The city attorney or city clerk shall be considered the final authority on any questions regarding
the application or interpretation of this article.
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1-4A-3: AMENDMENTS TO RULES OF PROCEDURE:
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 the proposed amendments have been
introduced into the record at a prior meeting.
1-4A-4: PARLIAMENTARY RULES TO GOVERN:
In all cases not provided for herein,the city council shall use the most recent edition of Robert's
Rules of Order to decide questions of parliamentary procedure, where it may be applicable and
appropriate.
1-4A-5: ORDER OF SEATING:
Council members shall occupy the respective seats in the council chambers assigned to them by
the mayor.
1-4A-6: 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: 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
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 responsibilities 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 the 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, city council shall decide the question by a majority vote.
Updated Draft 12/4/2020 6
1-4A-8: 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 temporary 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 temporary presiding officer shall affix his or her signature on
documents that require the mayor's signature. With regard to measures passed by the council,
the mayor pro tem may sign the measure or may take no action as provided by Iowa Code §
380.6(3), in which case the measure becomes effective pursuant to said section. However, the
mayor pro tem or temporary presiding officer shall not have the power to veto a measure. In the
event the mayor pro tem or temporary presiding officer takes no action on a measure and the
mayor resumes his or her office within fourteen days of the measure's passage by the council, the
mayor may sign or veto the measure within the fourteen-day period.
1-4A-9: COUNCIL MEETING DECORUM:
A. The presiding officer shall preserve order and decorum,prevent attacks on personalities and
the impugning of council members' motives, confine council 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 upon recognition by the presiding officer, and shall confine comments to
the question under debate, avoiding inappropriate language and personal attacks.
1-4A-10: SPEAKING DURING PUBLIC MEETINGS—COUNCIL MEMBER:
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
while another member or the presiding officer is speaking. Cell phone and email use shall be
limited during any city council meeting.
B. Council members shall only speak once until each member choosing to speak shall have
spoken.
C. Council members shall only have the floor for a maximum of three (3) minutes each time
they have the floor. Council members may request time in addition to the allotted three (3)
minutes. Such requests for additional time shall be made to the presiding officer and granted at
the presiding officer's discretion.
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
member may appeal to the presiding officer for an opportunity to explain the remarks. If no
appeal is made, the decision of the presiding officer shall be conclusive, but if the member shall
appeal from the decision of the presiding officer, the city council shall decide the question
without debate by majority vote.
1-4A-11: COUNCIL MEMBER ABSENCE:
Council members who are unable to attend a scheduled meeting shall notify the mayor or city
clerk prior to the meeting.
1-4A-12: COUNCIL PARTICIPATION VIA TELEPHONE OR VIDEO:
A Council member who is physically unable to attend a meeting may participate via telephone or
video. They shall provide a reliable telephone number or internet connection, a quiet
environment,join the meeting by 5:30 p.m., and attempt to remain on the phone or connected to
the video conference for the entire meeting.
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1-4A-13: PLACING ITEMS ON THE AGENDA:
A. All agenda items and supporting materials are due to the city clerk's office at a date and time
designated by the city clerk on the Wednesday pFeeed ng the two weeks prior to the regular
session, work session, finance committee, and planning session. The city clerk may adjust the
agenda item deadline when holidays shorten a workweek. . The process for
adding items to the agenda varies for staff, council, and the mayor. Ordinance or amendment
changes shall follow Subsection D of Section 1-4A-17. Agenda items shall be added as follows:
1. Mayor and Staff. Mayor and staff members shall submit agenda items using the agenda
management software.
Council members: Council members shall submit regular session and work session
agenda items to the mayor and city clerk and shall do so by the deadline designated by
the city clerk. Items submitted by council members shall be reviewed by the city
attorney, city clerk, or appropriate staff and be placed on a work session agenda for
discussion and review prior to being placed on the regular agenda for a vote. Council
members shall submit planning session agenda items to the mayor and city clerk for
review and addition to the planning session agenda.
B. A tentative agenda and packet shall be available to the council one week prior to the regular
session, work session, planning session, and finance committee meeting.—The finalized agend
and paeket shall be available to the publie at the elese of business of the Friday pr-eeedifig the
eouneil meeting. The mayor-has final approval of all items listed on the agenda submitted b
staff members. Onee finalized, the mayor-may withdraw any item prior-to 4ie e0uneil Meeting
and shall do so in writing in the form of an amendment notiee provided to eity eauneil at the start
of the meeting. The amendment netiee shall inelude a reason for-withdrawing the item. Git
eouneil „, ..1,oese to Loop the item o the agenda by a majority vote
C. The finalized agenda and packet shall be available to the public at the close of business of the
Wednesday preceding the council meeting. The mayor has final approval of all items
listed on the agenda submitted by staff members. Once finalized, the mayor may withdraw any
item prior to the council meeting and shall do so in writing in the form of an amendment notice
provided to city council at the start of the meeting. The amendment notice shall include a reason
for withdrawing the item. City council may choose to keep the item on the agenda by a majority
vote.
1-4A-14: AFFIRMATIVE MOTIONS:
A. All motions, resolutions, ordinances shall be listed on the agenda in the form of an
affirmative motion to enact, adopt, approve or other appropriate language. The council members
who move and second the motion are not required to vote in favor of the item during the roll call
or voice vote.
B. A motion to rescind an ordinance or resolution shall not be placed on the agenda in the
affirmative.
1-4A-15: ORDER OF BUSINESS FOR REGULAR MEETINGS:
A. Business for a regular meeting may be ordered as follows:
Roll Call
Invocation or Moment of Silence
Pledge of Allegiance
Approval of Agenda, as proposed or amended
Approval of Minutes of the previous meeting
Presentations or Recognitions
Public comment
Consent Agenda (The Consent Agenda is reserved for routine resolutions and motions, acted
upon by roll call vote on a single motion without discussion. Council shall either vote yea or nay
when the roll is called. Council may remove an item from the Consent Agenda and consider it
separately)
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Items that may appear on the Consent Agenda include but are not limited to the following:
1. Resolution of bills
2. Setting date of public hearing
3. Assessment cancellation
4. Water kill
5. CLURA/CURA applications
6. Waiver for a concrete driveway application
7. 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 city 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 city council.
1-4A-16: MAYOR'S ROLE IN APPROVING LEGISLATION:
A. The mayor may veto an ordinance, amendment, or resolution within fourteen days after
passage. The mayor shall explain the reasons for the veto in a written message to the 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: ORDINANCE:
A. An ordinance is a legislative act prescribing a general, uniform, and permanent rule of
conduct relating to the corporate affairs of the municipality. City council action shall be taken
by 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 city council, the rule requiring the second or third readings of an ordinance may
be suspended so that council may 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.
Updated Draft 12/4/2020 9
D. The following procedure shall be followed for adopting an ordinance:
1. An ordinance proposed by a city employee or elected official shall be reviewed by the
city attorney or city clerk, then be placed on a work session agenda for review by council.
A draft of the ordinance shall be included in the agenda packet. Unless further discussion
is required, the ordinance shall be placed on the next regular session meeting agenda.
2. The title of each ordinance shall in all cases be read prior to its passage. A council
member may make a motion to amend language in the ordinance prior to the adoption of
the first reading. The city attorney or city clerk 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.
E. 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 council member requires it, and the motion is seconded, the
ayes and nays on any question shall be taken and entered upon the minutes.
1-4A-18: RESOLUTION:
A. A resolution is a formal statement of policy or order for action. City council action shall be
taken by resolution when required by law and in those instances where an expression of policy
more formal than a motion is desired, or where a more complete written record is appropriate.
B. Resolutions require one reading and the approval of a majority of all of the members of the
council. They become effective once signed by the mayor and are subject to the mayor's power
to veto or take no action.
C. Mayor and Staff: Mayor and staff members shall submit resolutions to the agenda in
accordance with Section 1-4A-13(A)(1) of this code.
D. Council members shall submit proposed resolutions in accordance with Section 1-4A-
13(A)(2) of this Code.
1-4A-19: MOTION:
A. A motion is a measure passed by the city council directing that a specific action be taken on
behalf of the municipality. A motion becomes effective upon passage.
B. No motion shall be put or debated unless seconded. When a motion is seconded, it shall be
stated by the presiding officer before debate, and every motion shall be reduced to writing if
required by the presiding officer or any council member.
C. After a motion or resolution is stated by the presiding officer, it shall be deemed to be in
possession of the city council,but may be withdrawn at any time before decision; however, if
any amendment has been proposed or adopted, the motion or resolution shall not be withdrawn
without the consent of the mover of the amendment.
D. If a question in debate contains several distinct propositions, any member may have the
question divided when the sense admits of it,prior to the vote thereon.
E. In all cases where a resolution or a motion is entered on the minutes of the city council, the
name of the council member moving the resolution or motion shall also be entered.
Updated Draft 12/4/2020 10
1-4A-20: MOTION TO CALL THE PREVIOUS QUESTION:
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 city
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:
A. A motion to adjourn the city council shall be in order except:
1. When a council member is in possession of the floor.
2. While the council 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 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:
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 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: MOTION TO POSTPONE:
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: MOTION TO RECONSIDER:
A. A motion to reconsider shall be made by a council member who voted on the prevailing side,
or by those who were absent and did not vote upon the motion to be reconsidered. The motion
may be seconded by any council member.
B. A motion may be reconsidered at any time during the same council meeting. A motion for
reconsideration being once made and decided in the negative, shall not be renewed before the
next meeting. A motion to reconsider may be made during the first meeting held after the item
was considered by the city council. A 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 will be placed on the agenda the following week for a vote.
C. A motion to reconsider may be made by a council member at the first council meeting after
that item was considered and voted upon by council. Other than the same meeting as originally
voted upon or the first meeting after that original vote, a motion to reconsider is out of order.
D. A motion to reconsider shall not be made to an affirmative vote on a contract and the party
has been notified of the outcome, the provisions of the motion have been partially carried out, a
vote has caused something to be done that cannot be undone, or some other parliamentary
motion can obtain the same result.
Updated Draft 12/4/2020 11
1-4A-25: MOTION TO RESCIND:
Council members may rescind any vote by a majority vote,provided notice of the motion to
rescind has been given at the previous meeting. If notice was not provided at a previous
meeting, a vote may be rescinded by a two-thirds vote. City staff may place a motion to rescind
on the agenda when it is procedurally necessary to rescind a vote.
1-4A-26: TIE VOTE:
When a tie vote occurs, the motion fails.
1-4A-27: ABSTENTIONS:
All council members are required to vote on an item unless they have a direct interest, in which
case, they shall abstain from voting. A direct interest could be a familial, business, or financial
tie to an agenda item. Abstentions shall only be used in the case of a conflict of interest. An
abstention declared for any reason other than a conflict of interest shall be recorded as a vote in
the affirmative.
1-4A-28: CONFLICT OF INTEREST:
A. Any council member present at any meeting may disqualify themselves or abstain from
voting in case of a conflict of interest, in which case the disqualification shall be publicly
declared and a record made thereof.
B. A conflict of interest shall be recorded in the minutes as an abstention and the vote shall be
calculated based on the number of members not disqualified based on the conflict.
C. Public meetings and formal action during those meetings are occurrences where appearances
are as important as substance. The test of whether the appearance of a conflict of interest is
present is as follows: "Would a disinterested person, having been apprised of the totality of a
council member's personal interest in a matter being acted upon,be reasonably justified in
thinking that partiality may exist?"
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
required to disclose additional conflicts of interest as they arise thereafter.
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: CONFLICT OF INTEREST PROTESTS:
Council members seeking to 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: 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 ehapt1,-r-article when speaking during any meeting of the city
council.
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.
C. Comments shall be germane and refrain from personal, impertinent, or slanderous remarks.
Updated Draft 12/4/2020 12
D. Cell phones and electronic devices shall be set to silent prior to the start of the
meeting.
1-4A-31: PUBLIC COMMENT SECTION OF THE AGNEDA:
A. Individuals shall speak one (1)time on only one (1) issue for a maximum of five (5)minutes
only if they have registered with the city clerk's office no later than 4:00 p.m. on the day of the
council meeting. Individuals who have not registered shall not be permitted to speak during the
public comment portion of the agenda. Individuals shall only speak on matters not listed on the
regular session agenda for that date. Any matter presented shall be directed to the presiding
officer and addressed, if necessary, after the meeting.
B. Council members may speak during public comment portion of the agenda after the public
has finished speaking.
C. City staff shall not be required to provide an immediate answer to a matter presented during a
council meeting unless it specifically pertains to an item on the agenda.
1-4A-32: PUBLIC COMMENT DURING PUBLIC HEARINGS:
Individuals may speak during the public comment portion of a scheduled public hearing for a
maximum of three (3)minutes or may submit written comments to the city clerk by 4:00 p.m. on
the day of the public hearing. Groups of citizens with similar viewpoints are encouraged to
select a representative to share the viewpoint of the group.
1-4A-33: PUBLIC COMMENT DURING REGULAR SESSION AND SPECIAL SESSION
AGENDA ITEMS:
At the discretion of the presiding officer, individuals may speak for a maximum of three (3)
minutes when the council discusses agenda items. This section does not apply to businesses or
parties directly involved in agenda items.
1-4A-34: PUBLIC COMMENT DURING WORK SESSION AND PLANNING SESSION,
MEETINGS:
A. Work Session: The city council shall not receive any public comment during a work session.
B. Planning Session: The city council shall only receive public comment on bill payments and
emergency genda items listed on a planning session agenda. Public comment on bill payments
and emergency items shall be conducted in accordance with Section 1-4A-33 of this article. The
city council shall not receive any public comment during the meeting on agenda items designated
as planning discussion topics.
1-4A-3435: VIOLATING RULES OF PUBLIC PARTICIPATION AND SERGEANT AT
ARMS:
Violations of the rules for public participation listed in this ehapt�,T-article 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 city 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
1-411-1: PURPOSE:
1-4B-2: SCOPE:
1-4B-3: INTERPRETATION:
1-4B-4: CONFIDENTIAL INFORMATION:
1-4B-5: CLOSED SESSIONS:
1-4B-6: VIOLATION:
Updated Draft 12/4/2020 13
1-411-1: PURPOSE:
The purpose of this article is to establish rules for elected officials and employees concerning the
dissemination of confidential information and emphasize their duty to protect the city from
liability or financial loss by disseminating confidential information.
1-4B-2: SCOPE:
Confidential information shall include but not be limited to the following: Information deemed
confidential pursuant to Iowa Code § 22.5, information presented during closed session
meetings, and legal,personnel,property, and economic development matters. Questions
regarding whether information should remain confidential should be referred to the city attorney,
city clerk, or appropriate staff member.
1-4B-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.
1-4B-4: CONFIDENTIAL INFORMATION:
A. Elected officials and employees shall respect the confidentiality of information concerning
the property, personnel, or affairs of the city. An elected official or employee shall not
knowingly disclose information that they know or reasonably should know is confidential
information, regardless of the source of the information,without legal authorization. If an issue
arises as to whether information is confidential, the city attorney shall provide a legal opinion.
B. An elected official or employee shall not knowingly use or disclose any information gained
in the course of or by reason of his or her official position, and which has not been made public,
to advance his or her financial interests or to further the financial interests of any family member
or business relationship.
C. Elected officials and employees shall not disseminate information concerning pending or
threatened litigation to which the city is a party or threatened to be made a party, which could
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.
1-4B-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.
1-4B-6: VIOLATION:
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 and employees are encouraged to ask questions and seek and heed the advice of city
staff, insurance providers, and legal counsel when involved in matters that are confidential in
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.
Updated Draft 12/4/2020 14
C. Violations of this article may include but are not limited to the following penalties:
1. Censure: Censure may apply to elected officials and proceedings shall be conducted in
accordance with article 1-4C of this code. Censure should only be exercised when
members can objectively prove a violation of the policy has occurred and can ensure that
further disclosure of confidential information will not take place as a byproduct of
censuring an elected official.
2. Personal Liability: An elected official may be personally liable if acts in the performance
of a duty are performed with intentional misconduct or knowing violation of the law, or
for a transaction from which the person derives an improper personal benefit.
CHAPTER 4
ARTICLE C
CENSURE OF ELECTED OFFICIALS
1-4C-1: PURPOSE:
1-4C-2: CENSURE DEFINED:
1-4C-3: COMPLAINT PROCEDURE:
1-4C-4: CENSURE
1-4C-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.
1-4C-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.
1-4C-3: COMPLAINT PROCEDURE:
A. Any member of the city council may file a complaint concerning an alleged violation of this
code or of city policy by a council member or the mayor. The complaint shall provide specific
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.
1-4C-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.
B. Immediately following an affirmative vote to censure, the mayor may address the censured
council member by stating that the censured council member should take notice of the censure
Updated Draft 12/4/2020 15
and govern themselves accordingly. The mayor pro tem may make this announcement if the
mayor is the subject of the censure.
Updated Draft 12/4/2020 16
Prepared by Kelley Felchle, City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA
50703, (319) 291-4323.
ORDINANCE NO. XXXX
AN ORDINANCE AMENDING THE CITY CODE OF THE
CITY OF WATERLOO, IOWA, BY REPEALING CHAPTER 4,
CITY COUNCIL, OF TITLE 1, ADMINISTRATION, IN ITS
ENTIRETY AND ENACTING IN LIEU THEREOF A NEW
CHAPTER 4, MAYOR AND CITY COUNCIL, OF TITLE 1,
ADMINISTRATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA,
AS FOLLOWS:
Section 1. That Chapter 4, City Council, of Title 1, Administration, is hereby repealed in
its entirety, and a new Chapter 4, Mayor and City Council, of Title 1, Administration, is enacted
in lieu thereof as follows:
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:
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 by supervising and directing all city employees and departments. The mayor shall
recommend the appointment of department heads with the consent of council. The mayor shall
not vote on any measure. The mayor may appoint city council members to serve as non-voting
liaisons to city boards and commissions established under Title 2 of this code.
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. City council is responsible for enacting laws and setting
policy by which the city takes action.
1-4-3: COMPENSATION OF MAYOR AND CITY COUNCIL MEMBERS:
A. The mayor of the City of Waterloo, Iowa, shall receive an annual salary of ninety-four
thousand dollars ($94,000) for the calendar year beginning January 1, 2020 and an annual salary
Ordinance No. XXXX
Page 2
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.
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 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.
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.
1-4-4: COUNCIL MEMBER COMMUNICATIONS WITH CITY EMPLOYEES:
A. Council members shall refrain from becoming directly involved in the administrative
activities and daily responsibilities of employees. Council members may make inquiries of
department heads or their designee, for the limited, legitimate purpose of informing themselves
regarding agenda items or important affairs of an immediate and urgent nature. The mayor may
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 pertaining to 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 concern 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: 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
Ordinance No. XXXX
Page 3
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: 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: MEETINGS:
A. Regular Meetings: Regular meetings of the city council shall be held on the first and third
Mondays of each month at council chambers in city hall at five thirty o'clock(5:30) P.M., or at
such other designated place other than council chambers pursuant to Subsection F of this section.
When a meeting date falls on a day designated by the city as a holiday, the regular meeting shall
be held on the following evening at five thirty o'clock(5:30) P.M. in the council chambers at city
hall, or at such other designated place other than the council chambers. The city council may
adjourn a regular meeting to 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 council chambers, or at such other designated place other than the council chambers
pursuant to Subsection F of this section. 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 first and third
Mondays of each month at council chambers in city hall, or at such other designated place other
than council chambers pursuant to Subsection F of this section. When a meeting date falls on a
day designated by the city as a holiday, the work session shall be held on the following evening
in the council chambers at city hall, or at such other designated place other than the council
chambers. City council may hold work sessions 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. City
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.
D. Planning Session: Planning session meetings of the city council may be held only on the fifth
Monday of a month at council chambers in city hall at five thirty o'clock(5:30) P.M., or at such
other designated place other than the council chambers pursuant to Subsection F of this section.
When a meeting date falls on a day designated by the city as a holiday, the planning session
meeting shall be held on the following evening at five thirty o'clock(5:30) P.M. in council
chambers at city hall, or at such other designated place other than the council chambers. The
purpose of the meeting shall be for council to discuss future projects, policies, strategic planning,
or any other matter consistent with the purview of the city council. The city council shall not
conduct any other business at the meeting except to authorize the payment of bills or to approve
emergency agenda items.
Ordinance No. XXXX
Page 4
E. Closed Session: Iowa Code § 21.5 outlines specific instances where cities are allowed to
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 413 of this chapter, with respect to matters discussed and information
presented in closed session meetings.
F. Change of Location: Regular, special, work session, or planning session meetings of the city
council may be held at such other designated place other than council chambers in city hall as the
city council may deem advisable and necessary; provided,however, such designation of a
meeting place other than the council chambers in 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 §362.3.
G. 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. If 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.
2. The city council provides public access to the conversation of the meeting to the extent
reasonably possible.
3. The city council complies with Iowa Code § 21.4. For the purpose of this paragraph, the
place of the meeting is the place from which the communication originates or where
public access is provided to the conversation.
4. Minutes are kept of the meeting. The minutes shall include a statement explaining why a
meeting in person was impossible or impractical.
H. 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 members may
receive informational briefings from staff, make site visits, receive public comments, or engage
in informal discussion.
1-4-8: STANDING COMMITTEES OF COUNCIL:
The mayor may 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. Nothing shall preclude the city council from acting as deemed necessary without the
input of a committee in the case of an emergency to appropriately and properly conduct the
business of the city. Each of the following committees shall specifically be assigned the
following responsibilities and other duties as deemed appropriate:
Ordinance No. XXXX
Page 5
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 and planning session.
1-4-9: SPECIAL COMMITTEES:
A. The mayor or a quorum of the city 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 city council. Members of city 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 city council if created by the city council. The special committee shall
be considered discharged upon delivery of the final report.
1-4-10: ALL MEETINGS AND RECORDS OPEN TO THE PUBLIC:
A. The city shall comply with Iowa Code Chapters 21 and 22 regarding open meeting and 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: METHOD OF KEEPING MINUTES:
A. Minutes of all city council 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
motion, resolution, ordinance or amendment. Minutes shall be available for viewing by any
member of the public during normal city hall business hours as soon as the minutes of the
meeting are complete. Minutes shall be made available no later than the close of business on the
Friday prior to the next regular council meeting.
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.
1-4-12: GIFT LAW:
A public official,public employee, candidate, or that persons immediate family member, shall
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:
Ordinance No. XXXX
Page 6
1-4A-9: COUNCIL MEETING DECORUM:
1-4A-10: SPEAKING DURING PUBLIC MEETINGS —COUNCIL MEMBER:
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 REGULAR SESSION AND SPECIAL SESSION
AGENDA ITEMS:
1-4A-34: PUBLIC COMMENT DURING WORK SESSION AND PLANNING SESSION,
MEETINGS:
1-4A-35: VIOLATING RULES OF PUBLIC PARTICIPATION AND SERGEANT AT ARMS:
1-4A-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: INTERPRETATION:
The city attorney or city clerk shall be considered the final authority on any questions regarding
the application or interpretation of this article.
1-4A-3: AMENDMENTS TO RULES OF PROCEDURE:
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 the proposed amendments have been
introduced into the record at a prior meeting.
1-4A-4: PARLIAMENTARY RULES TO GOVERN:
In all cases not provided for herein, the city council shall use the most recent edition of Robert's
Rules of Order to decide questions of parliamentary procedure,where it may be applicable and
appropriate.
1-4A-5: ORDER OF SEATING:
Council members shall occupy the respective seats in the council chambers assigned to them by
the mayor.
Ordinance No. XXXX
Page 7
1-4A-6: 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: 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 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 responsibilities 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 the 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, city council shall decide the question by a majority vote.
1-4A-8: 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 temporary 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 temporary presiding officer shall affix his or her signature on
documents that require the mayor's signature. With regard to measures passed by the council, the
mayor pro tem may sign the measure or may take no action as provided by Iowa Code § 380.6(3),
in which case the measure becomes effective pursuant to said section. However, the mayor pro
tem or temporary presiding officer shall not have the power to veto a measure. In the event the
mayor pro tem or temporary presiding officer takes no action on a measure and the mayor
Ordinance No. XXXX
Page 8
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: COUNCIL MEETING DECORUM:
A. The presiding officer shall preserve order and decorum,prevent attacks on personalities and
the impugning of council members' motives, confine council 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 upon recognition by the presiding officer, and shall confine comments to
the question under debate, avoiding inappropriate language and personal attacks.
1-4A-10: SPEAKING DURING PUBLIC MEETINGS —COUNCIL MEMBER:
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
while another member or the presiding officer is speaking. Cell phone and email use shall be
limited during any city council meeting.
B. Council members shall only speak once until each member choosing to speak shall have
spoken.
C. Council members shall only have the floor for a maximum of three (3) minutes each time
they have the floor. Council members may request time in addition to the allotted three (3)
minutes. Such requests for additional time shall be made to the presiding officer and granted at
the presiding officer's discretion.
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
member may appeal to the presiding officer for an opportunity to explain the remarks. If no
appeal is made, the decision of the presiding officer shall be conclusive, but if the member shall
appeal from the decision of the presiding officer, the city council shall decide the question
without debate by majority vote.
1-4A-11: COUNCIL MEMBER ABSENCE:
Council members who are unable to attend a scheduled meeting shall notify the mayor or city
clerk prior to the meeting.
1-4A-12: COUNCIL PARTICIPATION VIA TELEPHONE OR VIDEO:
A Council member who is physically unable to attend a meeting may participate via telephone or
video. They shall provide a reliable telephone number or internet connection, a quiet
environment,join the meeting by 5:30 p.m., and attempt to remain on the phone or connected to
the video conference for the entire meeting.
1-4A-13: PLACING ITEMS ON THE AGENDA:
A. All agenda items and supporting materials are due to the city clerk's office at a date and time
designated by the city clerk on the Wednesday two weeks prior to the regular session,work
session, finance committee, and planning session. The city clerk may adjust the agenda item
deadline when holidays shorten a workweek. The process for adding items to the agenda varies
for staff, council, and the mayor. Ordinance or amendment changes shall follow Subsection D of
Section 1-4A-17. Agenda items shall be added as follows:
1. Mayor and Staff: Mayor and staff members shall submit agenda items using the agenda
management software.
Ordinance No. XXXX
Page 9
Council members: Council members shall submit regular session and work session agenda items
to the mayor and city clerk and shall do so by the deadline designated by the city clerk. Items
submitted by council members shall be reviewed by the city attorney, city clerk, or appropriate
staff and be placed on a work session agenda for discussion and review prior to being placed on
the regular agenda for a vote. Council members shall submit planning session agenda items to
the mayor and city clerk for review and addition to the planning session agenda.
B. A tentative agenda and packet shall be available to the council one week prior to the regular
session, work session,planning session, and finance committee meeting.
C. The finalized agenda and packet shall be available to the public at the close of business of the
Wednesday preceding the council meeting. The mayor has final approval of all items listed on
the agenda submitted by staff members. Once finalized, the mayor may withdraw any item prior
to the council meeting and shall do so in writing in the form of an amendment notice provided to
city council at the start of the meeting. The amendment notice shall include a reason for
withdrawing the item. City council may choose to keep the item on the agenda by a majority
vote.
1-4A-14: AFFIRMATIVE MOTIONS:
A. All motions, resolutions, ordinances shall be listed on the agenda in the form of an
affirmative motion to enact, adopt, approve or other appropriate language. The council members
who move and second the motion are not required to vote in favor of the item during the roll call
or voice vote.
B. A motion to rescind an ordinance or resolution shall not be placed on the agenda in the
affirmative.
1-4A-15: ORDER OF BUSINESS FOR REGULAR MEETINGS:
A. Business for a regular meeting may be ordered as follows:
Roll Call
Invocation or Moment of Silence
Pledge of Allegiance
Approval of Agenda, as proposed or amended
Approval of Minutes of the previous meeting
Presentations or Recognitions
Public comment
Consent Agenda (The Consent Agenda is reserved for routine resolutions and motions, acted
upon by roll call vote on a single motion without discussion. Council shall either vote yea or nay
when the roll is called. Council may remove an item from the Consent Agenda and consider it
separately)
Items that may appear on the Consent Agenda include but are not limited to the following:
1. Resolution of bills
2. Setting date of public hearing
3. Assessment cancellation
4. Water kill
5. CLURA/CURA applications
6. Waiver for a concrete driveway application
7. 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
Ordinance No. XXXX
Page 10
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 city 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 city council.
1-4A-16: MAYOR'S ROLE IN APPROVING LEGISLATION:
A. The mayor may veto an ordinance, amendment, or resolution within fourteen days after
passage. The mayor shall explain the reasons for the veto in a written message to the 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: ORDINANCE:
A. An ordinance is a legislative act prescribing a general, uniform, and permanent rule of
conduct relating to the corporate affairs of the municipality. City council action shall be taken by
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 city council, the rule requiring the second or third readings of an ordinance may
be suspended so that council may 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.
D. The following procedure shall be followed for adopting an ordinance:
1. An ordinance proposed by a city employee or elected official shall be reviewed by the city
attorney or city clerk, then be placed on a work session agenda for review by council. A
draft of the ordinance shall be included in the agenda packet. Unless further discussion is
required, the ordinance shall be placed on the next regular session meeting agenda.
2. The title of each ordinance shall in all cases be read prior to its passage. A council
member may make a motion to amend language in the ordinance prior to the adoption of
the first reading. The city attorney or city clerk shall make a determination of whether the
Ordinance No. XXXX
Page 11
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.
E. 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 council member requires it, and the motion is seconded, the
ayes and nays on any question shall be taken and entered upon the minutes.
1-4A-18: RESOLUTION:
A. A resolution is a formal statement of policy or order for action. City council action shall be
taken by resolution when required by law and in those instances where an expression of policy
more formal than a motion is desired, or where a more complete written record is appropriate.
B. Resolutions require one reading and the approval of a majority of all of the members of the
council. They become effective once signed by the mayor and are subject to the mayor's power
to veto or take no action.
C. Mayor and Staff. Mayor and staff members shall submit resolutions to the agenda in
accordance with Section 1-4A-13(A)(1) of this code.
D. Council members shall submit proposed resolutions in accordance with Section 1-4A-
13(A)(2) of this Code.
1-4A-19: MOTION:
A. A motion is a measure passed by the city council directing that a specific action be taken on
behalf of the municipality. A motion becomes effective upon passage.
B. No motion shall be put or debated unless seconded. When a motion is seconded, it shall be
stated by the presiding officer before debate, and every motion shall be reduced to writing if
required by the presiding officer or any council member.
C. After a motion or resolution is stated by the presiding officer, it shall be deemed to be in
possession of the city council, but may be withdrawn at any time before decision; however, if any
amendment has been proposed or adopted, the motion or resolution shall not be withdrawn
without the consent of the mover of the amendment.
D. If a question in debate contains several distinct propositions, any member may have the
question divided when the sense admits of it,prior to the vote thereon.
E. In all cases where a resolution or a motion is entered on the minutes of the city council, the
name of the council member moving the resolution or motion shall also be entered.
1-4A-20: MOTION TO CALL THE PREVIOUS QUESTION:
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 city
Ordinance No. XXXX
Page 12
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:
A. A motion to adjourn the city council shall be in order except:
1. When a council member is in possession of the floor.
2. While the council 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 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:
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 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: MOTION TO POSTPONE:
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: MOTION TO RECONSIDER:
A. A motion to reconsider shall be made by a council member who voted on the prevailing side,
or by those who were absent and did not vote upon the motion to be reconsidered. The motion
may be seconded by any council member.
B. A motion may be reconsidered at any time during the same council meeting. A motion for
reconsideration being once made and decided in the negative, shall not be renewed before the
next meeting. A motion to reconsider may be made during the first meeting held after the item
was considered by the city council. A 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 will be placed on the agenda the following week for a vote.
C. A motion to reconsider may be made by a council member at the first council meeting after
that item was considered and voted upon by council. Other than the same meeting as originally
voted upon or the first meeting after that original vote, a motion to reconsider is out of order.
D. A motion to reconsider shall not be made to an affirmative vote on a contract and the parry
has been notified of the outcome, the provisions of the motion have been partially carried out, a
vote has caused something to be done that cannot be undone, or some other parliamentary motion
can obtain the same result.
Ordinance No. XXXX
Page 13
1-4A-25: MOTION TO RESCIND:
Council members may rescind any vote by a majority vote, provided notice of the motion to
rescind has been given at the previous meeting. If notice was not provided at a previous meeting,
a vote may be rescinded by a two-thirds vote. City staff may place a motion to rescind on the
agenda when it is procedurally necessary to rescind a vote.
1-4A-26: TIE VOTE:
When a tie vote occurs, the motion fails.
1-4A-27: ABSTENTIONS:
All council members are required to vote on an item unless they have a direct interest, in which
case, they shall abstain from voting. A direct interest could be a familial,business, or financial
tie to an agenda item. Abstentions shall only be used in the case of a conflict of interest. An
abstention declared for any reason other than a conflict of interest shall be recorded as a vote in
the affirmative.
1-4A-28: CONFLICT OF INTEREST:
A. Any council member present at any meeting may disqualify themselves or abstain from
voting in case of a conflict of interest, in which case the disqualification shall be publicly
declared and a record made thereof.
B. A conflict of interest shall be recorded in the minutes as an abstention and the vote shall be
calculated based on the number of members not disqualified based on the conflict.
C. Public meetings and formal action during those meetings are occurrences where appearances
are as important as substance. The test of whether the appearance of a conflict of interest is
present is as follows: "Would a disinterested person, having been apprised of the totality of a
council member's personal interest in a matter being acted upon,be reasonably justified in
thinking that partiality may exist?"
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
required to disclose additional conflicts of interest as they arise thereafter.
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: CONFLICT OF INTEREST PROTESTS:
Council members seeking to 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: 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 article when speaking during any meeting of the city council..
Ordinance No. XXXX
Page 14
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.
C. Comments shall be germane and refrain from personal, impertinent, or slanderous remarks.
D. Cell phones and electronic devices shall be set to silent prior to the start of the
meeting.
1-4A-31: PUBLIC COMMENT SECTION OF THE AGNEDA:
A. Individuals shall speak one (1)time on only one (1) issue for a maximum of five (5)minutes
only if they have registered with the city clerk's office no later than 4:00 p.m. on the day of the
council meeting. Individuals who have not registered shall not be permitted to speak during the
public comment portion of the agenda. Individuals shall only speak on matters not listed on the
regular session agenda for that date. Any matter presented shall be directed to the presiding
officer and addressed, if necessary, after the meeting.
B. Council members may speak during public comment portion of the agenda after the public
has finished speaking.
C. City staff shall not be required to provide an immediate answer to a matter presented during a
council meeting unless it specifically pertains to an item on the agenda.
1-4A-32: PUBLIC COMMENT DURING PUBLIC HEARINGS:
Individuals may speak during the public comment portion of a scheduled public hearing for a
maximum of three (3)minutes or may submit written comments to the city clerk by 4:00 p.m. on
the day of the public hearing. Groups of citizens with similar viewpoints are encouraged to
select a representative to share the viewpoint of the group.
1-4A-33: PUBLIC COMMENT DURING REGULAR SESSION AND SPECIAL SESSION
AGENDA ITEMS:
At the discretion of the presiding officer, individuals may speak for a maximum of three (3)
minutes when the council discusses agenda items. This section does not apply to businesses or
parties directly involved in agenda items.
1-4A-34: PUBLIC COMMENT DURING WORK SESSION AND PLANNING SESSION,
MEETINGS:
A. Work Session: The city council shall not receive any public comment during a work session.
B. Planning Session: The city council shall only receive public comment on bill payments and
emergency agenda items listed on a planning session agenda. Public comment on bill payments
and emergency items shall be conducted in accordance with Section 1-4A-33 of this article. The
city council shall not receive any public comment during the meeting on agenda items designated
as planning discussion topics.
1-4A-35: VIOLATING RULES OF PUBLIC PARTICIPATION AND SERGEANT AT ARMS:
Violations of the rules for public participation listed in this article 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 city council. The presiding officer may direct the sergeant at arms to eject
anyone from the council meeting for disruptions of any kind.
Ordinance No. XXXX
Page 15
CHAPTER 4
ARTICLE B
CONFIDENTIAL INFORMATION
1-413-1: PURPOSE:
1-413-2: SCOPE:
1-413-3: INTERPRETATION:
1-413-4: CONFIDENTIAL INFORMATION:
1-413-5: CLOSED SESSIONS:
1-413-6: VIOLATION:
1-413-1: PURPOSE:
The purpose of this article is to establish rules for elected officials and employees concerning the
dissemination of confidential information and emphasize their duty to protect the city from
liability or financial loss by disseminating confidential information.
1-4B-2: SCOPE:
Confidential information shall include but not be limited to the following: Information deemed
confidential pursuant to Iowa Code § 22.5, information presented during closed session meetings,
and legal,personnel,property, and economic development matters. Questions regarding whether
information should remain confidential should be referred to the city attorney, city clerk, or
appropriate staff member.
1-4B-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.
1-4B-4: CONFIDENTIAL INFORMATION:
A. Elected officials and employees shall respect the confidentiality of information concerning
the property,personnel, or affairs of the city. An elected official or employee shall not
knowingly disclose information that they know or reasonably should know is confidential
information, regardless of the source of the information, without legal authorization. If an issue
arises as to whether information is confidential, the city attorney shall provide a legal opinion.
B. An elected official or employee shall not knowingly use or disclose any information gained in
the course of or by reason of his or her official position, and which has not been made public, to
advance his or her financial interests or to further the financial interests of any family member or
business relationship.
C. Elected officials and employees shall not disseminate information concerning pending or
threatened litigation to which the city is a party or threatened to be made a party, which could
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.
1-4B-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.
Ordinance No. XXXX
Page 16
1-413-6: VIOLATION:
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 and employees are encouraged to ask questions and seek and heed the advice of city
staff, insurance providers, and legal counsel when involved in matters that are confidential in
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 to elected officials and proceedings shall be conducted in
accordance with article 14C of this code. Censure should only be exercised when
members can objectively prove a violation of the policy has occurred and can ensure that
further disclosure of confidential information will not take place as a byproduct of
censuring an elected official.
2. Personal Liability: An elected official may be personally liable if acts in the performance
of a duty are performed with intentional misconduct or knowing violation of the law, or
for a transaction from which the person derives an improper personal benefit.
CHAPTER 4
ARTICLE C
CENSURE OF ELECTED OFFICIALS
1-4C-1: PURPOSE:
1-4C-2: CENSURE DEFINED:
1-4C-3: COMPLAINT PROCEDURE:
1-4C-4: CENSURE
1-4C-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.
1-4C-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.
1-4C-3: COMPLAINT PROCEDURE:
A. Any member of the city council may file a complaint concerning an alleged violation of this
code or of city policy by a council member or the mayor. The complaint shall provide specific
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
Ordinance No. XXXX
Page 17
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.
1-4C-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.
B. Immediately following an affirmative vote to censure, the mayor may address the censured
council member by stating that the censured council member should take notice of the censure
and govern themselves accordingly. The mayor pro tem may make this announcement if the
mayor is the subject of the censure.
INTRODUCED:
PASSED Ist CONSIDERATION:
PASSED 2nd CONSIDERATION:
PASSED 3rd CONSIDERATION:
PASSED AND ADOPTED this th day of 20_.
Quentin Hart, Mayor
ATTEST:
Kelley Felchle
City Clerk
SEAL
0 .
Decem er
2020
Agenda Calendar
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3 4 5
12/7 Agenda items Bid opening Post final 12/7
due by 10:00 a.m. agenda
6 7 8 9 10 11 12
-Council meeting 12/14 Agenda items Bid opening Post final 12/14
-Finance Committee due by 10:00 a.m. agenda
-Work Session
13 14 15 16 17 18 19
-Council meeting 12/21 Agenda items Bid opening Post final 12/21
-Finance Committee due by 3:00 p.m. agenda
-Work Session
20 21 22 23 24 25 26
-Council meeting -12/28 Agenda Items -Post final 12/28 CHRISTMAS EVE CHRISTMAS DAY
-Finance Committee due at 3:00 p.m. agenda
-Work Session - 1/4 Agenda items
due by 3:00 p.m.
27 28 29 30 31
-Council meeting Post final 1/4 Bid opening
-Finance Committee agenda.
-Work Session
Draft 1/4 agenda to
council
J n u ry
2021
Council Agenda Calendar
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2
NEW YEAR'S DAY
3 4 5 61 7 8 9
-Council meeting Public hearing 1/19 Agenda items Bid opening
-Finance Committee notice due due at 3:00 p.m.
-Work Session
10 11 121 131 14 15 16
Draft 1/19 agenda Post final 1/19 Bid opening
to council agenda
17 18 19 20 21 22 23
MARTIN LUTHER -Council meeting -2/1 Agenda items Bid opening
KING,JR. DAY -Finance Committee due at 3:00 p.m.
-Work Session -Public hearing
notice due
24 25 26 27 28 29 30
Draft 2/1 agenda to Post final 2/1 Bid opening
council agenda
31
Fe ru ry
2021
Council Agenda Calendar
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3 4 5 6
-Council meeting Public hearing 2/15 Agenda items Bid opening
-Finance Committee notice due due by 3:00 p.m.
-Work Session
7 8 9 10 11 12 13
Draft 2/15 agenda Post final 2/15 Bid opening
to council agenda
14 15 161 17 18 19 20
-Council meeting Public hearing 3/1 Agenda items Bid opening
-Finance Committee notice due due by 3:00 p.m.
-Work Session
21 22 23 24 25 26 27
Draft 3/1 agenda to Post final 3/1 Bid opening
council agenda
28
•
Council Agenda Calendar
Sunday Monday Tuesday Wednesday Thursday , Friday Saturday
1 2 3 4 5 6
-Council meeting Public hearing 3/15 Agenda items Bid opening
-Finance Committee notice due due by 3:00 p.m.
-Work Session
7 8 9 10 11 12 13
Draft 3/15 agenda Post final 3/15 Bid opening
to council agenda
14 15 16 17 18 19 20
-Council meeting Public hearing 3/29 Council Bid opening
-Finance Committee notice due Planning Session and R
-Work Session Fin.Comm.agenda
items due by 3:00
p.m.
21 22 23 24 25 26 27
Draft 3/29 planning -Post final 3/29 Bid opening
session agenda to Planning Session and
council Fin.Com.agendas
-4/5 Agenda items
due by 3:00 p.m.
28 29 30 31
-Council planning Post final 4/5
session meeting agenda.
-Finance Committee
-Draft 4/5 agenda to
council
2021
Council Agenda Calendar
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3
Bid opening
4 5 6 7 8 9 10
-Council meeting Public hearing 4/19 Agenda items Bid opening
-Finance Committee notice due due by 3:00 p.m.
-Work Session
11 12 13 14 15 16 17
Draft 4/19 agenda Post final 4/19 Bid opening
to council agenda
I
18 19 20 21 22 23 24
-Council meeting Public hearing 5/3 Agenda items Bid opening
-Finance Committee notice due due by 3:00 p.m.
-Work Session
I
25 26 � 27 28 29 30
Draft 5/3 agenda to Post final 5/3 Bid opening
council agenda
•
Council Agenda Calendar
Sunday Monday Wednesday Thursday I Friday Saturday
1
2 3 4 5 6 7 8
-Council meeting Public hearing 5/17 Agenda items Bid opening
-Finance Committee notice due due by 3:00 p.m.
-Work Session
9 10 11 12 13 14 15
Draft 5/17 agenda Post final 5/17 Bid opening
to council agenda
16 17 18 19 20 21 22
-Council meeting Public hearing 6/1 Council Planning Bid opening
-Finance Committee notice due Session and Fin.
-Work Session Com. Agenda items
due by 3:00 p.m.
23 24 25 26 27 28 29
Draft 6/1 planning -6/7 Agenda prep. Bid opening Draft 6/7 agenda to
session agenda to -Post final 6/1 council
council planning session and
Fin.Comm.agendas
30 31
MEMORIAL DAY
Council Agenda Calendar
Sunday Monday Tuesday Wednesday Thursday Ift Friday Saturday
1 2 3 4 5
-Council planning Post final 6/7 Bid opening
session meeting agenda
-Finance Committee
6 7 8 9 10 11 12
-Council meeting Public hearing 6/21 Agenda items Bid opening
-Finance Committee notice due due by 3:00 p.m.
-Work Session
13 14 151 16 17 18 19
Draft 6/21 agenda Post final 6/21 Bid opening
to council agenda
20 21 22 23 24 25 26
-Council meeting Public hearing 7/6 Agenda items Bid opening
-Finance Committee notice due due by 3:00 p.m.
-Work Session
27 28 29 30
Draft 7/6 agenda to Post final 7/6
council agenda
Council Agenda Calendar
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3
Bid opening
4 5 61 7 8 9 10
41"OF JULY -Council meeting -7/19 Agenda items Bid opening
OBSERVED -Finance Committee due by 3:00 p.m.
-Work Session -Public hearing
notice due
11 12 13 14 15 16 17
Draft 7/19 agenda Post final 7/19 Bid opening
to council agenda
18 19 20 21 22 23 24
-Council meeting Public hearing 8/2 Agenda items Bid opening
-Finance Committee notice due due by 3:00 p.m.
-Work Session
25 26 27 28 29 30 31
Draft 8/2 agenda to Post final 8/2 Bid opening
council agenda
Au ust
2021
Council Agenda Calendar
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3 4 5 6 7
-Council meeting Public hearing 8/16 Agenda items Bid opening
-Finance Committee notice due due by 3:00 p.m.
-Work Session
8 9 10 11 12 13 14
Draft 8/16 agenda Post final 8/16 Bid opening
to council agenda
15 16 17 18 19 20 21
-Council meeting Public hearing 8/30 Council Bid opening
-Finance Committee notice due Planning Session and
-Work Session Fin.Com Agenda
items due by 3:00
22 23 24 25 26 27 28
Draft 8/30 planning -Post final 8/30 Bid opening
session agenda to Planning Session and
council Fin.Comm.agendas
-9/7 Agenda
Agenda items due
by 3:00 p.m.
29 ' 30 31
-Council planning
session meeting
-Finance Committee
-Draft 9/7 agenda to
council
Septem er
2021
Council Agenda Calendar
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3 4
Bid opening
5 , 6 7 8 9 10 , 11
LABOR DAY -Council meeting -9/20 Agenda items Bid opening
-Finance Committee due by 3:00 p.m.
-Work Session -Public hearing
notice due
12 � 13 � 14 15 16 17 18
Draft 9/20 agenda Post final 9/20 Bid opening
to council agenda
i
19 20 21 22 23 24 25
-Council meeting Public hearing 10/4 Agenda items Bid opening
-Finance Committee notice due due by 3:00 p.m.
-Work Session
26 27 28 29 30
Draft 10/4 agenda Post final 10/4 Bid opening
to council agenda
Octo er
2021
Council Agenda Calendar
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2
3 4 5 6 7 8 9
-Council meeting Public hearing 10/18 Agenda items Bid opening
-Finance Committee notice due due by 3:00 p.m.
-Work Session
10 11 12 13 14 15 16
Draft 10/18 agenda Post final 10/18 Bid opening
to council agenda
17 18 19 20F 21 22 23
-Council meeting Public hearing 11/1 Agenda items Bid opening
-Finance Committee notice due due by 3:00 p.m.
-Work Session
24 25 26 27 28 29 30
Draft 11/1 agenda Post final 11/1 Bid opening
to council agenda
31
Novem er
2021
Council Agenda Calendar
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3 4 5 6
-Council meeting Public hearing 1 1/22 Agenda items Bid opening
-Finance Committee notice due due by 3:00 p.m.
-Work Session
7 8 9 10 11 12 13
Draft 11/15 agenda Post final 11/15 VETERANS DAY
to council agenda
14 15 16 17 18 19 20
-Council meeting Public hearing 11/29 Council Bid opening
-Finance Committee notice due Planning Session and
-Work Session Fin.Com.Agenda
items due by 3:00
21 22 23 24 25 26 27
Draft 11/29 planning -Post final 11/29 THANKSGIVING CITY OFFICES
session agenda to Planning Session and CLOSED
council Fin.Com.agendas
-12/6 Agenda items
due by 3:00 p.m.
28 29 30
-Council planning
session meeting
-Finance Committee
-Draft 12/6 agenda
to council
Decem er
2021
Council Agenda Calendar
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3 4
Post final 12/6 Bid opening
agenda
5 6 7 8 9 10 11
-Council meeting Public hearing 12/20 Agenda items Bid opening
-Finance Committee notice due due by 3:00 p.m.
-Work Session
12 13 14 15 16 17 18
Draft 12/20 agenda Post final 12/20 Bid opening
to council agenda
19 20 21 22 23 24 25
-Council meeting -1/3/2022 Agenda CHRISTMAS EVE CHRISTMAS DAY
-Finance Committee items due by 3:00
-Work Session p.m.
-Public hearing
notice due
26 27 28 29 30 31
Draft 1/3/2022 Post final 1/3/2022 Bid opening NEW YEAR'S DAY
agenda to council agenda OBSERVED
CITY OF WATERLOO
Council Communication
Discussion of rules pertaining to council member presentations, to be included in the city council rules of
procedure.
City Council Meeting: 12/7/2020
Prepared: 12/7/2020
REVIEWERS:
Department Reviewer Action Date
Clerk Office Felchle, Kelley Approved 12/2/2020 - 3:19 PM
ATTACHMENTS:
Description Type
U Council member presentations Backup Material
SUBJECT: Discussion of rules pertaining to council member presentations, to be
included in the city council rules of procedure.
Submitted by: Submitted By: Sharon Juon,At Large Council member and Margaret Klein,
Ward 1 Council member
Recommended Action:
Summary Statement:
Expenditure Required:
Source of Funds:
Policy Issue:
Alternative:
Background Information:
COUNCIL MEMBER PRESENTATIONS
A. Work Session: Pursuant to Section 1-4A-13(A)(2), a council member proposing an agenda
item shall work with the city clerk to schedule a work session. City staff and other council
members may not make presentations during the time allotted for the council member's work
session unless requested by the council member. The council member may schedule subsequent
work sessions on the same topic, except when a vote of the council prohibits further pursuit of
the topic. When scheduling the work session presentation, the council member shall tell the city
clerk the following:
1. The estimated amount of time needed to make the presentation and answer questions.
2. If the presentation will include a power point or handouts, the power point or handout
shall be included in the agenda packet.
3. If speakers other than the council member will deliver remarks to the city council as
part of the presentation.
Council members making presentations during work sessions may utilize computer
presentations, written materials, or other visual aids to present the topic. These materials shall
not be utilized during the regular session meeting but may be included in the regular session
agenda packet.
B. City Council Meeting: When a work session topic sponsored by a council member is
approved by the city council to move to the regular session agenda for a vote, the council
member shall receive the first opportunity to speak by the presiding officer. The council member
shall follow Section 1-4A-10 when speaking, and may not relinquish their time to speak to any
other council member, member of the public, or parry interested in the topic.