HomeMy WebLinkAbout12.9.2021 Special Session Minutes December 9, 2021
The Council of the City of Waterloo, Iowa, met in Special Session at City Hall Council Chambers, Waterloo,
Iowa, at 5:00 p.m., on Thursday, December 9, 2021. Mayor Pro Tem Sharon Juon in the Chair. Roll Call:
Amos, Morrissey, Klein, Feuss, Grieder, and Juon. Absent: Boesen
Moment of Silence.
Pledge of Allegiance: Kelley Felchle, City Clerk
160757 - Morrissey/Amos
that the Agenda, as proposed, for the Special Session on Thursday, December 9, 2021, at 5:00 p.m.,
be accepted and approved. Voice vote-Ayes: Six. Motion carried.
Mrs. Juon commented that at her discretion there will not be public comment taken tonight.
RESOLUTION
160758 - Juon/Morrissey
Resolution censuring Ward 1 Council member Margaret Klein, be adopted. Roll call vote-Ayes:
Five. Motion carried. Mrs. Klein left the meeting.
Resolution adopted and upon approval by Mayor assigned Resolution No. 2021-783.
Mrs. Klein commented that we are here tonight to discuss freedom of speech and electioneering. She
described what happened on the night of the November 1St council meeting. She stated that when she
arrived at city hall, it looked to be a well-coordinated campaign event going on. She was greeted by a
crowd of picketers all targeting her. When she got into council chambers, staff were expanding the
room to create additional room for public. She put two and two together and realized that nothing
sensitive was on the agenda so it was apparent that the people were there to target her. At the start of
the meeting Mr. Morrissey then publicly delivered nine allegations of her actions that allegedly
violated city policy. Following an investigation five were found to allegedly have some merit. She
then responded to the nine allegations as follows:
Item 1. She explained that out of respect for the family of Mr. Buckley, she would not go into detail,
but said the charge against her was looked into by the police chief and the county sheriff and was
found to be false. She commented that Mr. Morrissey has harassed her for four years on this issue,
and that his conduct is censure worthy.
Item 2. She explained that comments she made at a work session regarding raw sewage going into
the Cedar River were because her questions to the Mayor were met with unclear answers. She stated
that we must have freedom of speech and freedom to look into the concerns of the citizens of
Waterloo, and said that she would do it again.
Item 3. She commented on Mr. Morrissey's issue with her looking into the camera and explained that
she looks at the citizens in the room and the camera instead of the council because to do otherwise
turns her back to the citizens, and they are where her allegiance is. She explained her reasons for
voting as she did in regard to spending, and said that she would do it again.
Item 4. She explained that she still believes that the Rebrand Committee was rigged. She said that
she simply stated what had been reported by the Courier and KWWL, and this is about freedom of
speech.
Item 5. She questioned why people need to be referred to by their race. She will not comment
beyond that on the first part of this allegation because this is not about race. She explained how she
was contacted by someone to look at the bills payment on the next agenda, and that in doing so she
discovered a payment of$150,000 to a developer that had been incorporated into an area reserved for
bulk items such as lightbulbs, tissues, cleaners, etc. She explained that in her opinion, it was placed
there so it would not be readily seen. She said that she would do it again.
Item 6. She commented that she said it was unethical, not illegal, for the Mayor and Human
Resources Director of impropriety. She believes it creates an imbalance in influence and she stands
by her statements, and would say them again. Again, it is a matter of free speech and free thought.
December 9, 2021 Page 2
Item 7. She commented that she has been here long enough to know that things do happen behind
closed doors. When she was first on the council, she was invited in sometimes to those closed-doors.
She stands by her comment, and said that she believes tonight's vote has already been arranged. It is
her opinion, and as American's we have a right to our opinions, and a right to free speech.
Item 8. She confirmed that she listens to her constituents and that she works hard for them. So yes,
she does vote the way they want her to. She works for them, not the other council members. She
stated that she would do that again.
She commented on her right, and everyone's right,to say what they believe. She explained that she
even said at one point, that the silly rules about minding your tongue could be used potentially as a
campaign club, to punish someone. Look where we are at tonight. She shared that this is, in her
opinion, a campaign stunt and when it gets put in motion it cannot be clawed back. She stated that it
is also absurd that the city spent money by sending it to an attorney in Des Moines and that these
rules are not any kind of legal issue, they are something we put together ourselves, and that others
forget their part in their behaviors. She stated that the Mayor and Police Chief sat for an interview
with the Associated Press and alluded to the fact that Waterloo is completely racist. That breaks this
rule too. You cannot pass rules, and then be selective on how they are enforced. She said the
strategic plan says that we have to work to reduce taxes but we have never done it and everyone at the
table is guilty. She stated that if you look at the verbiage you cannot say anything that tarnishes the
image or reputation of the city and gave examples of things she technically could not say. She spoke
about seconding Mr. Morrissey's motion to discuss his budget after he had been"frozen out" of the
conversation. Despite the history between her and Mr. Morrissey, she seconded the motion because
she is fundamentally offended by anyone that would try to stop someone from speaking and getting a
chance to lay out their ideas, whether she agrees with them or not.
She said she really does not take this seriously tonight because everyone has been guilty of this at one
time or another, in one manner or another. The rule chills conversation and the goal is to keep
everyone quite. However, you cannot neglect parts that need to be fixed. She said that her opinion is
to speak. Speak out when you see things. She stated that she could sit and listen to what was about
to occur but she could also choose to go to Village Inn and have a piece of pie.
Mrs. Klein left chambers.
Mr. Grieder stated that it is clear that our colleague does not want to engage in the process. The First
Amendment does give the right to free speech; it does not however mean that that speech does not
have consequences. It is clear that my colleague does not understand, and refuses to take
accountability as an adult for her actions, and for the fact that words do matter. He explained that
outside counsel was used to avoid conflict of interest and went on to clarify and define the violations
made by an unrepented Mrs. Klein. He commented that we do talk about problems and finding
solutions. But,we also have to be measured by the tone we use and be cognizant of the fact that the
things we say have consequences and we have to be aware that we serve as an example to the people
of this city. He stated he would be voting in favor of these articles because they are the right thing to
do.
Mr. Morrissey questioned whether Mrs. Klein's vote would be counted as an abstention or a vote to
approve because she left the meeting.
Mrs. Juon requested clarification on the rules from the City Clerk.
Kelley Felchle, City Clerk, stated that she would like a brief recess to review the rules with the City
Attorney.
160759 - Amos/Feuss
To recess the meeting at 5:27 p.m. to review the rules of procedure. Voice vote-Ayes: Five. Motion
carried.
160760 - Feuss/Grieder.
To reconvene the meeting at 5:40 p.m. Voice vote-Ayes: Five. Motion carried.
December 9, 2021 Page 3
Kelley Felchle explained that there would be no vote counted for Mrs. Klein due to her absence.
Mr. Morrissey commented that he heard no regrets, no remorse,no repudiation and no retraction.
Mr. Amos shared that he wants the public to understand that these rules are not silly. He referred
back to October of 2018, where things were said in council chambers that were hurtful and
inappropriate, and in part, were the reason these rules were put in place. He stated that truth is critical
and we must all watch what we say. Just because someone says something does not make it true. He
will be voting to approve this resolution.
Mr. Feuss shared that when we came tonight it was perceived that council had already made up their
minds. He clarified that tonight, he brought only the things that were made available to the public
and a ballpoint pen. He wanted to listen to what Mrs. Klein had to say about the allegations. I look
to see if a person shows some remorse for their actions, a level of awareness of what they've done
and how it has impacted people. But I haven't seen that. That is a huge factor on how I work on a
daily basis. I heard repeatedly, "I would do that again". What we say makes a big impact. The
indication from the citizens of Waterloo is that they want a different direction. A council that will
work together to problem solve. He stated he is in support of the censure vote.
Mr. Morrissey stated that when he was listening to Mrs. Klein he stated that there was new
disinformation shared by the councilperson. He further requested that the resolution be read in full.
Mrs. Juon commented that she agrees with Mrs. Klein comment that we all make mistakes. Not
intentionally of course. The rules state that censure should not follow an occasional error in
judgment. But this is not what we are talking about. She explained that what she found so egregious
about Mrs. Klein's behavior is that most of the things she put forward, she knew were mistruths. She
concluded that elected officials especially need to held accountable for their actions. She stated that
she reluctantly but fully supports this resolution and is disappointed in Mrs. Klein and her supporters
that they would not stay and listen to the full story.
Kelley Felchle, City Clerk, read the full resolution.
ADJOURNMENT
160761 - Feuss/Grieder
that the Council adjourn at 5:59 p.m. Voice vote-Ayes: Five. Motion carried.
Ke!(ey Eearde
Kelley Felchle
City Clerk