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HomeMy WebLinkAbout5662-09.19.2022Prepared by Kelley Felchle, City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. ORDINANCE NO. 5662 AN ORDINANCE AMENDING THE CITY OF WATERLOO CODE OF ORDINANCES BY REPEALING CHAPTER 4, MAYOR AND 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 That Chapter 4, Mayor and City Council, of Title 1, Administration, is hereby repealed in its entirety, and a new Chapter 4, Mayor and City Council, of Title 1, Administration, is enacted in lieu thereof as follows: CHAPTER 4 MAYOR AND CITY COUNCIL SECTION: 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. Ordinance No. 5662 Page 2 1-4-3: COMPENSATION OF MAYOR AND CITY COUNCIL MEMBERS: A. The mayor of the city shall receive an annual salary of ninety-four thousand dollars ($94,000.00) 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 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 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 regarding 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. Ordinance No. 5662 Page 3 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 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 seventy two (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 city hall, or at such other designated place other than city hall 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 twenty four (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 shall 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 Ordinance No. 5662 Page 4 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. E. Closed Session: Iowa Code section 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. 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 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 section 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 section 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 conduct the business of the city. Each of the Ordinance No. 5662 Page 5 following committees shall specifically be assigned the following responsibilities and other duties as deemed appropriate: A. 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 section 68B.22. ARTICLE A. RULES OF PROCEDURE SECTION: 1-4A-1: AUTHORITY 1-4A-2: INTERPRETATION Ordinance No. 5662 Page 6 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 PRESENTATIONS 1-4A-12: COUNCIL MEMBER ABSENCE 1-4A-13: COUNCIL PARTICIPATION VIA TELEPHONE OR VIDEO 1-4A-14: PLACING ITEMS ON THE AGENDA 1-4A-15: AFFIRMATIVE MOTIONS 1-4A-16: ORDER OF BUSINESS FOR REGULAR MEETINGS 1-4A-17: MAYOR'S ROLE IN APPROVING LEGISLATION 1-4A-18: ORDINANCE 1-4A-19: RESOLUTION 1-4A-20: MOTION 1-4A-21: MOTION TO CALL THE PREVIOUS QUESTION 1-4A-22: MOTION TO ADJOURN 1-4A-23: MOTION TO AMEND 1-4A-24: MOTION TO POSTPONE 1-4A-25: MOTION TO RECONSIDER 1-4A-26: MOTION TO RESCIND 1-4A-27: POINT OF ORDER: 1-4A-28: TIE VOTE 1-4A-29: ABSTENTIONS 1-4A-30: CONFLICT OF INTEREST 1-4A-31: CONFLICT OF INTEREST PROTEST 1-4A-32: GENERAL RULES FOR PUBLIC PARTICIPATION 1-4A-33: PUBLIC COMMENT SECTION OF THE AGENDA 1-4A-34: PUBLIC COMMENT DURING PUBLIC HEARINGS 1-4A-35: PUBLIC COMMENT DURING REGULAR SESSION AND SPECIAL SESSION AGENDA ITEMS 1-4A-36: PUBLIC COMMENT DURING WORK SESSION AND PLANNING SESSION, MEETINGS 1-4A-37: 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 sections 21.7 and 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. Ordinance No. 5662 Page 7 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. Appeal of Parliamentary Decision: A council member may appeal a parliamentary decision made by the presiding officer. A motion to appeal the decision of the presiding officer requires a second and is debatable. The 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. Ordinance No. 5662 Page 8 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 section 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 (14) days of the measure's passage by the council, the mayor may sign or veto the measure within the fourteen (14) 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. Council members shall not attack the personalities or motives of other members and shall limit deliberation and debate to the question on the table. Council members shall be required to compel the presiding officer to enforce rules of decorum, debate, speaking, and conduct listed in this Article by raising a point 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 (2) 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 PRESENTATIONS: A. Work Session: Pursuant to subsection 1-4A-14A2, 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 proposing council member's work session unless requested by the proposing council member. The proposing council member may schedule subsequent work sessions on the same topic, except when a vote Ordinance No. 5662 Page 9 of the council prohibits further pursuit of the topic. When scheduling the work session presentation, the proposing 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 party interested in the topic. 1-4A-12: 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-13: 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 five thirty o'clock (5:30) P.M., and attempt to remain on the phone or connected to the video conference for the entire meeting. 1-4A-14: 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 (2) 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 1- 4A-17D. Agenda items shall be added as follows: 1. Mayor and Staff: Mayor and staff members shall submit agenda items using the agenda management software. 2. 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 Ordinance No. 5662 Page 10 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-15: 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-16: ORDER OF BUSINESS FOR REGULAR MEETINGS: A. Business for a regular meeting may be ordered as follows: 1. Roll call. 2. Invocation or moment of silence. 3. Pledge of allegiance. 4. Approval of agenda, as proposed or amended. 5. Approval of minutes of the previous meeting. 6. Presentations or recognitions. 7. Public comment. 8. 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 members may request that an item be removed from the consent agenda and considered separately. Such request does not require a second. The public shall be prohibited from requesting that items listed on the consent agenda be removed and considered separately. The public may contact council members with questions regarding consent agenda items. Items that may appear on the consent agenda include but are not limited to the following: a. Resolution of bills. b. Setting date of public hearing. c. Assessment cancellation. d. Water kills. e. CLURA/CURA applications. f. Waiver for a concrete driveway application. g. Bid awards. h. Noise variance. i. Travel request approval. j. License/Permit approval. k. Board/commission/employee appointments. 1. Bonds. m. Request to seek proposals. n. Approval of change orders. 9. Remainder of the agenda may include but is not limited to the following: a. Public hearings. b. Resolutions. c. Ordinances. Ordinance No. 5662 Page 11 d. Other council business (reserved for approval of non -routine motions and revocation hearings). e. Executive session. f. 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-17: MAYOR'S ROLE IN APPROVING LEGISLATION: A. The mayor may veto an ordinance, amendment, or resolution within fourteen (14) 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 (30) 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 re -passes 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 (14) 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 (14) days after the date of passage, unless a subsequent effective date is provided within the ordinance or amendment. 1-4A-18: 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 (5) 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 consider 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, and 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 No. 5662 Page 12 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-19: 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 subsection 1-4A-14A1 of this code. D. Council members shall submit proposed resolutions in accordance with subsection 1-4A- 14A2 of this code. 1-4A-20: 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-21: 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. Ordinance No. 5662 Page 13 1-4A-22: 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-23: 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-24: 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-25: 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. 1-4A-26: 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. Ordinance No. 5662 Page 14 1-4A-27: POINT OF ORDER: A. A council member shall raise a point of order when they believe a violation of the rules contained in this Article has occurred. The presiding officer shall immediately provide a ruling and enforce the rules of this Article. If the presiding officer does not know the answer to the point of order, the presiding officer may refer the question to the city attorney or city clerk. B. A point of order is in order when another council member has the floor, it does not require a second, is not debatable, is not amendable, and cannot be reconsidered. The city council may appeal the decision of the presiding officer. Appeals of a ruling made by the presiding officer shall be made in accordance with Section 1-4A-7(c) of this Article. C. Timeliness: a point of order shall be raised at the time the breach of the rules of this Article occurs. A point of order shall not be made at the time the question has been put to a vote. 1-4A-28: TIE VOTE: When a tie vote occurs, the motion fails. 1-4A-29: 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-30: 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 sections 68B.2A and 362.5. 1-4A-31: CONFLICT OF INTEREST PROTEST: 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 Ordinance No. 5662 Page 15 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-32: 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. 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. Ce11 phones and electronic devices shall be set to silent prior to the start of the meeting. 1-4A-33: PUBLIC COMMENT SECTION OF THE AGENDA: A. Individuals shall speak one (1) time on only one (1) issue for a maximum of three (3) minutes. During the public comment section of the agenda. The public shall not be required to pre -register to speak during public comment. 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-34: 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 four o'clock (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-35: 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-36: 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 public may only comment on bill payments and agenda items not deemed planning session discussion topics listed on a planning session agenda. On only these items and at the discretion of the presiding officer, individuals may speak for a maximum of three (3) minutes. The city council shall not receive any public comment during the meeting on agenda items designated as planning discussion topics. Ordinance No. 5662 Page 16 1-4A-37: 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. ARTICLE B. CONFIDENTIAL INFORMATION SECTION: 1-4B-1: PURPOSE 1-4B-2: SCOPE 1-4B-3: INTERPRETATION 1-4B-4: CONFIDENTIAL INFORMATION 1-4B-5: CLOSED SESSIONS 1-4B-6: VIOLATION 1-4B-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 section 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 Ordinance No. 5662 Page 17 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. 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 1-4D 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. ARTICLE C CODE OF ETHICAL CONDUCT SECTION: 1-4C-1: PURPOSE 1-4C-2: DEFINITIONS 1-4C-3: SCOPE 1-4C-4: STANDARDS OF CONDUCT 1-4C-5: EX-PARTE COMMUNICATIONS 1-4C-6: DISCLOSURE OF INTEREST AND RECUSAL PROCEDURES 1-4C-7: ADVISORY OPINIONS 1-4C-8: REPORTING OF ETHICS VIOLATION OF A MEMBER 1-4C-9: PENALTIES, FORFEITED POSITION, EXEMPTIONS; INJUNCTIONS 1-4C-10: DISTRIBUTION OF CODE OF ETHICS 1-4C-1: PURPOSE: Accepting a position as an elected official or appointed member of a governmental body of the City of Waterloo carries with it the acceptance of trust placed on that individual by the public to strive to further the interest of all citizens and operate an effective local government. This Ordinance No. 5662 Page 18 Article establishes a common set of principles and standards by which elected and appointed members of a governmental body of the City of Waterloo shall conduct themselves in order to garner and preserve public trust. The City of Waterloo believes ethical misconduct is a serious violation of public trust and therefore this Article establishes disciplinary measures to deter such misconduct. 1-4C-2: SCOPE: This article shall apply to all elected and appointed members of governmental bodies of the City of Waterloo. This article shall not apply to city employees serving on governmental bodies of the City of Waterloo. 1-4C-3: DEFINITIONS: For the purpose of this Article, the following words and phrases shall have the meanings ascribed to them by this Section. A. ADVISORY BOARD: Any ad hoc committee, board, committee, or commission of the city that functions in an advisory or study capacity to aid a governmental body in decision -making. B. BUSINESS ENTITY: A sole proprietorship, partnership, firm, corporation, estate, association, holding company, joint-stock Company, receivership, trust, or any other entity recognized by law. C. GOVERNMENTAL BODY: Shall mean the same as the term governmental body, as defined by Iowa Code Section 21.2(1). D. KNOWINGLY: A person acts with knowledge, with respect to the nature of their conduct or to circumstances surrounding their conduct when they are aware of the nature of their conduct or that the circumstance exists. A person acts knowing or with knowledge, with respect to a result of their conduct when they are aware that their conduct is reasonably certain to cause the result. E. MEMBER: Any elected individual and any appointed member of a board, commission, advisory board, or committee established by a governmental body by ordinance, resolution, charter, or state law. For the purposes of this Article, city employees shall be excluded from the definition of member. F. SUBSTANTIAL INTEREST: Means the following: 1. A person has a substantial interest in the business entity if: a. the interest is ownership of five percent (5%) or more or six thousand dollars ($6,000) or more of fair market value of the business entity; or b. funds received by the person from the business entity exceed five percent (5%) of the person's gross income for the previous year; or c. the person holds a position of member of the board of directors or other governing board of the business entity; or d. the person serves as an elected officer of the business entity' or e. the person is an employee of the business entity; or f. the person is a creditor, debtor, or guarantor of the business entity in the amount of six thousand dollars ($6,000.00) or more; or g. property of the person has been pledged to the business entity or is subject to a lien in favor of the business entity in the amount of six thousand dollars ($6,000.00) or more. 2. A person does not have a substantial interest in a business entity if: Ordinance No. 5662 Page 19 a. the person has been designated by the city council to serve as a member of the board of directors or other governing board of a business entity; and b. the person receives no remuneration, either directly or indirectly, for their service on such board; and c. the primary nature of the business entity is either charitable, non-profit, or governmental. 3. A person has a substantial interest in real property if the interest is an equitable or legal ownership interest with a fair market value of six thousand dollars ($6,000.00) or more. 4. A person has a substantial interest under this ordinance if the person's spouse or a person related to the person in the first degree by consanguinity or affinity has a substantial interest under this ordinance. A person is related in the first degree of consanguinity to their father, mother, brother, sister, son, or daughter. A person is related in the first degree of affinity to their father-in-law, mother-in-law, brother's spouse, sister's spouse, son-in-law, or daughter- in-law. 1-4C-4: STANDARDS OF CONDUCT: A. General Principles: Members shall comply with the laws of the United States, the State of Iowa, and the City of Waterloo, Iowa's ordinances, resolutions, and policies in the performance of their public duties. B. Conduct of Members: Members shall treat the public, city employees, and fellow members in a respectful manner. During and outside of meetings of a governmental body, members shall strive to discuss city business in an informed and factual manner. C. Public Meetings: Members shall prepare themselves for all public meetings, listen attentively to all public discussions, hearings, and presentations, and participate in the business of the governmental body. D. No member, directly or indirectly, or by others on their behalf or their request, or suggestion shall knowingly do the following: 1. engage in any private business, transaction, or employment or have any substantial interest therein, which is incompatible or in conflict with the proper and impartial discharge of their duties on behalf of the city or which would be in violation of conflict of interest prohibitions found at Iowa Code Section 68B.2A, or which would violate provisions of Iowa Code Section 362.5(2); 2. represent any private party before the governmental body on which the member sits or over which the member has appointment or budgetary powers; 3. disclose without authorization or use to further a personal interest, confidential information acquired in the course of their official duties; 4. grant or influence the granting of any special consideration, advantage or favor, to any person, group firm, or corporation beyond that which is the general practice to grant or make available to the public at -large; 5. accept anything of economic value such as money, service, gift, loan gratuity, favor or promise thereof for the purpose and intent of which is to influence any such member in the exercise of their official judgment, power, or authority, unless specifically exempted by Iowa Code Section 68B.22; 6. make personal use of staff, vehicles, equipment, materials, or property of the city except in the course of their official duties or as duly authorized through the proper process. 7. participate in the appointment, vote for the appointment, or discussion of any appointment of an immediate family member or business associate or use their position, directly or indirectly, to effect the employment status of an immediate family member or business associate to any city office or position, paid or unpaid; and Ordinance No. 5662 Page 20 8. receive or have any financial interest in any sale to the city of any real estate when such financial interest was received under circumstances, which would lead a reasonable person to expect that the city intended to purchase, condemn, or lease said real estate. 1-4C-5: EX-PARTE COMMUNICATIONS: In any such quasi-judicial matter (e.g. personnel decisions, condemnation proceedings, zoning rules, matters involving the issuance of a permit or license, or other such matter) or the award of a contract before a governmental body, a member of that governmental body shall not communicate with or accept a communication from a person for which there are reasonable grounds for believing to be a party to the matter being considered, if such communication is designed to influence the councilor's, board member's, or officer's actions on that matter. If such communication should occur, the member shall disclose it at an open meeting of the governmental body prior to its consideration of the matter. 1-4C-6: DISCLOSURE OF INTEREST AND RECUSAL FROM VOTING: Whenever a matter comes before the governmental body as to which any conflict of interest standard applies to one of its members, as prescribed in Section 1-4C-4, the following provisions shall apply: A. A member shall disclose the existence of any substantial interest in a business entity or real property involved in any decision pending before a member or the governmental body of which the individual is a member. B. Following such disclosure, the member shall not participate in any consideration, discussion, or vote on the matter before the governmental body. C. The member shall not, during any part of the meeting of the governmental body pertaining to the matter requiring the disclosure, represent, advocate on behalf of, or otherwise act as the agent of the person or business entity in or with which the member has such an interest or relationship. 1-4C-7: ADVISORY OPINIONS: A. Where any member has a doubt as to the applicability of any provision of this Article to a particular situation, they may request an advisory opinion from the city attorney. The individual shall have the opportunity to present their interpretation of the facts at issue and of the applicability of this Article to the city attorney before such advisory opinion is made. The member shall seek an advisory opinion from the city attorney when they first become aware that a conflict may exist. B. Until amended or revoked, any advisory opinion shall be binding on the city in any subsequent actions concerning the member who sought the opinion and acted on it in good faith, unless material facts were omitted or misstated in the request for the advisory opinion. 1-4C-8: REPORTING OF ETHICS VIOLATION OF A MEMBER: A. Elected Official: Procedures for reporting complaints concerning elected officials under this Article shall follow Sections 1-4D-3 of this Code. B. All Other Members — Contents of Complaint: Any member may file a written complaint concerning an alleged violation of this Article by a member of a governmental body that is not appointed to an elected position. The complaint shall include the following: 1. Specific allegations and supporting evidence of specific conduct alleged to violate this code or adopted city policy. Ordinance No. 5662 Page 21 2. Specific references to code sections or adopted city policies the complainant alleges were violated. Copies of the code section or policy shall be included with the complaint. 3. Complaints must include specific dates the alleged violations occurred. C. Filing: The complaint shall be filed with the city clerk. Complaints must be filed within three (3) months of discovering the alleged violation. Complaints filed after the time limitation shall be rejected. D. Investigation: The city clerk shall forward the complaint to the mayor, city attorney, or other proper authority to conduct an investigation to determine whether the allegations in the complaint violate this code or city policy. The city clerk shall also forward the complaint to the accused individual. E. Report: Within thirty (30) calendar days from the date a complaint is filed, the mayor shall produce a written report stating whether a preponderance of evidence exists to support the complaint. A resolution recommending disciplinary action shall be placed on the city council agenda for a vote within fourteen (14) days of the date of the report and the report shall be included as an exhibit to the resolution. If the report is in the negative, the complaint shall not proceed to disciplinary action. A negative report may recommend corrective action be taken by the accused to prevent further issue. 1-4C-9: PENALTIES, FORFEITED POSITION, EXEMPTIONS; INJUNCTIONS: A. Except where otherwise provided by State law, it is not the intent of this Article that violations therefore be subject to criminal penalties. B. Whenever it is determined by a preponderance of evidence that any member has violated any provision of this Article, such individual shall be subject to discipline. Discipline may include the following: 1. Council Members: Any alleged violation of this Article is grounds for censure and shall follow the rules for carrying out censure as listed in Sections 1-4D-4 and 1-4D-5 of this Code. 2. Appointed Members: Any member appointed to serve on a governmental body of the City of Waterloo shall be subject to discipline as determined by the city council. The city council shall be limited to the following disciplinary action: a. Censure: Censure by the city council shall be executed in accordance with Section 1-4D-4 of this Code. References to city council members shall apply to appointed members. b. Removal From Appointed Position: The city council may, by resolution, remove a member of a governmental body. Such resolution shall require an affirmative vote of five members of the city council to pass. Any individual removed from an appointed position on a governmental body of the City of Waterloo shall be prohibited from being appointed to any other governmental body of the City of Waterloo. 1-4C-10: DISTRIBUTION OF CODE OF ETHICS: Each member shall receive a copy of this Article before entering into the duties of their office or position. Any individual that receives a copy of this Article shall sign a written statement acknowledging receipt, understanding, and agreeing to abide by this Article. Ordinance No. 5662 Page 22 ARTICLE D. CENSURE OF ELECTED OFFICIALS SECTION: 1-4D-1: PURPOSE 1-4D-2: CENSURE DEFINED 1-4D-3: COMPLAINT PROCEDURE 1-4D-4: CENSURE 1-4D-5: CENSURE OF FORMER COUNCIL MEMBERS 1-4D-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. 1-4D-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. 1-4D-3: COMPLAINT AND PROCEDURE: A. Contents of Complaint: The mayor or any member of the city council may file a written complaint concerning an alleged violation of this code or of city policy by a council member, the mayor, or appointed member of a governmental body as defined by Section 1-4C-2(D). The complaint shall include the following: 1. Specific allegations and supporting evidence of specific conduct alleged to violate this code or adopted city policy. 2. Specific references to code sections or adopted city policies the complainant alleges were violated. Copies of the code section or policy shall be included with the complaint. 3. Complaints must include specific dates the alleged violations occurred. B. Filing: The complaint shall be filed with the mayor, or if the mayor is involved, with the mayor pro tem. Complaints must be filed within three (3) months of discovering the alleged violation. Complaints filed after the time limitation shall be rejected. A censure complaint may be filed at the time of a regular session meeting but the complainant shall be prohibited from reading or commenting on the contents of the complaint during the meeting. C. Investigation: 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. The mayor or mayor pro tem shall also forward the complaint to the city clerk to receive and file, and to the accused individual. D. Report: 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 a preponderance of 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 and the report shall be included as an exhibit to the resolution. 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. Ordinance No. 5662 Page 23 1-4D-4: CENSURE: A city council decision to censure shall be adopted by resolution. The resolution shall list the findings, based on a preponderance of evidence that the person accused has engaged in conduct that constitutes a violation of this code or adopted city policy. The city council shall be prohibited from amending the resolution. The resolution shall be approved by five (5) affirmative votes of the council. The accused council member or mayor may participate in deliberations. The accused council member or mayor shall be allowed to speak to the contents of the resolution and findings within the investigation prior to a vote on the resolution. The accused council member may vote on the censure resolution. 1-4D-5: CENSURE OF FORMER COUNCIL MEMBERS: Complaints regarding the conduct of a former elected official may be brought by a current elected official for improper conduct that occurred while the former elected official was in office. Complaints against a former elected official shall be filed and investigated in accordance with this Article. The accused former elected official shall be allowed to speak to the contents of the resolution to censure and findings of the investigation prior to a vote on the resolution. INTRODUCED: September 19, 2022 PASSED 1st CONSIDERATION: September 19, 2022 PASSED 2nd CONSIDERATION: September 19, 2022 PASSED 3rd CONSIDERATION: September 19, 2022 PASSED AND ADOPTED this 19th day of September 2022. ATTEST: 7(elTey Fe[chle Kelley Felchle City Clerk DIGITALLY SIGNED CERTIFICATE Quentin Hart, Mayor I, Kelley Felchle, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5662 as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 19th day of September 2022. Witness my hand and seal of office this 19th day of September 2022. SEAL Rlelley Felchle Kelley Felchle City Clerk