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HomeMy WebLinkAboutCouncil Packet - 12/9/2021T HE C I T Y C O U N C I L O F T H E C I T Y O F WAT E RL O O, I O WA, SP E C I AL ME E T I N G TO B E H E L D AT Harold E . Getty Council Chambers T hursday, December 9, 2021 5:00 P M C ITY O F WATER L O O G O AL S 1. Support the creati on of new, l i vabl e wage jobs through a bal anced economi c devel opment approach of assi sti ng exi sti ng busi nesses, fosteri ng start-ups, attracti ng new empl oyers and cul ti vati ng an adequate workforce. 2. Impl ement a Communi ty P ol i ci ng strategy that creates a safe envi ronment i n Waterl oo. 3. Reduce the Ci ty's property tax l evi es through a responsi bl e bal ance of cost reducti on i n Ci ty operati ons and i ncreases i n taxabl e property val uati ons to ensure that Waterl oo i s a competi ti ve, affordabl e, and l i vabl e ci ty. 4. Enhance the i mage of Waterl oo and the Ci ty to resi dents and busi nesses i nsi de and outsi de of the communi ty. G E NER AL R ULES F OR P UB L IC PARTICIPATIO N SP EC IAL SE SSION AG E ND A A. Iowa Code Chapter 21 gives the public the right to attend council meetings, but it does not require c ities to allow public participation exc ept during public hearings. The public is required to follow the rules listed in this artic le w hen speaking during any meeting of the city c ounc il. B. At the presiding offic er's discretion, individuals may address the presiding offic er 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 mic rophone. C. Comments shall be germane and refrain from personal, impertinent, or slanderous remarks. D. Cell phones and elec tronic devices shall be set to silent prior to the start of the meeting. Roll C all. Agenda, as proposed or amended. A.M otion to approve the following: R ES O L U TI O N S 1.R esolution censuring Ward 1 Council member M argaret K lein. S ubmitted By: S haron J uon, At Large Council member A D J O U R N M EN T Motion to adjourn. Kelley F elc hle C ity C lerk Page 1 of 17 CI TY OF WATER LOO Council Communication R es olution cens uring Ward 1 C ouncil member Margaret Klein. City Council Meeting: 12/9/2021 Prepared: 12/6/2021 R EV I EWER S : Department R eviewer Action Date C lerk O ffice F elchle, Kelley Approved 12/6/2021 - 12:09 P M ATTA C H M EN TS: D escription Type Waterloo City Code T itle 1, C hapter 4, Article C . Censure.pdf B ackup Material Censure Allegations - M orrissey.pdf B ackup Material Censure I nvestigation and M ayor P ro Tem Juon's Recommendation .pdf B ackup Material Resolution as proposed B ackup Material S UB J E C T:R esolution c ensuring Ward 1 C ounc il member Margaret Klein. S ubmitted by:S ubmitted By: S haron Juon, At Large C ouncil member R ec ommended Ac tion:Approval. Page 2 of 17 ARTICLE C. CENSURE OF ELECTED OFFICIALS SECTION: 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. (Ord. 5585, 12-14-2020) 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. (Ord. 5585, 12-14-2020) 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. (Ord. 5585, 12-14-2020) 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 (5) 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. (Ord. 5585, 12-14-2020) Page 3 of 17 Page 4 of 17 Page 5 of 17 Page 6 of 17 Page 7 of 17 Page 8 of 17 Page 9 of 17 Page 10 of 17 Page 11 of 17 Page 12 of 17 Page 13 of 17 Page 14 of 17 Page 15 of 17 Page 16 of 17 RESOLUTION NO. 2021-XXX RESOLUTION CENSURING WARD 1 COUNCIL MEMBER MARGARET KLEIN. WHEREAS, Article C, of Chapter 4, Title 1 of the City of Waterloo Code of Ordinances permits elected officials to pursue formal action in the form of censure to deter violations of the city code and policies; and, WHEREAS, on November 1, 2021 council person Patrick Morrissey filed a complaint alleging nine violations by council person Margaret Klein; and, WHEREAS, on December 1, 2021 Mayor pro tem Sharon Juon filed a written report stating the complaint contained sufficient evidence to warrant censure as to allegations #2, #4, #5, #7 and #9, and includes the investigative report of Kristine Stone, attorney at law, a copy of which is attached hereto and incorporated by this reference herein; and, WHEREAS, Section 4, Article C, Chapter 4, Title 1 of the city code provides a city council decision to censure shall be adopted by resolution; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, as follows: Section 1. That the findings of the written report and investigative report as to violations of #2, #4, #5, #7 and #9 are supported by sufficient evidence that council person Margaret Klein has engaged in conduct that constitute violations of the city code and adopted city policy. Section 2. That council person Margaret Klein is hereby censured for violating the city code and city policy. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, this this 9th day of December, 2021. ___________________________________ Sharon Juon, Mayor pro tem ATTEST: _______________________________ Kelley Felchle City Clerk Page 17 of 17