HomeMy WebLinkAbout2006-03-30 Youth Advisory Committee
YOUTH ADVISORY COMMISSION
AGENDA
March 30,2006
7:00 pom. - 8:30 pom.
Harvat Hall, City Hall
410 East Washington Street
I) Approve minutes
2) Elect Temporary Chair
3) Discussion with City Attorney
4) By-Laws Subcommittee Report
5) Scheduling introductions with City Council
a. Proclamation
b. National Youth Service Day (April 21-23)
co Earth Day
do Project
6) Discussion of five top themes/projects
7) Public Discussion
8) Set Next Meeting
Minutes
Youth Advisory Commission
March 23, 2006 -7:00 P.M.
Harvat Hall- City Hall
DRAFT
Members Present: Ziegenhorn, Bleam, Subramanian, Stubbers, Nelson, Keranen
Members Absent: Abboud Kamps
Staff: City Clerk Karr, and Temporary Staff Joelle Osterhaus (Mayor Intern)
Others Present: City Council Liaison Correia
Recommendations to Council: None
INTRODUCTIONS
Staff introduced themselves and distributed handouts. Osterhaus presented power point
presentation. Karr asked if commissioners retrieved electronic packet information and
briefly reviewed the electronic manner of distribution. With the exception of
Subramanian, everyone requested electronic packets only.
PERSONAL STATEMENTS
-Jackie Stubbers is at the University of Iowa as a psychology and exercise science
major and wants to get the youth ofIC to understand the role of the City Council. She
feels uninformed after living in Iowa City 2 years and thinks that everyone should have
the opportunity to know what goes on, what the council does and is here for "putting it in
Layman's terms".
-Michael Nelson is at the University of Iowa as a Finance and Biology major (was
pre-med) and feels he has a lot to offer the commission. In high school he was a part of a
committee that gave monies to various non-profits. He helped to form the committee and
did a lot with non-profits and wants to bring that experience and knowledge here to the
youth ofIC.
-Audrey Keranen is a sophomore in High School and an environmentalist. She
would like to make IC a greener place. She wants to set up recycling centers/receptacles
at shelters in the park or sporting venues. Also, she would like to recycle cell-phones,
she is aware the city recycles computers already. She is also seeking to create a smoking
ban or partial smoking ban at bus stops and playgrounds because second-hand smoke at
playgrounds may not be the best idea. She states she was full of ideas and is looking
forward toward working with this group.
Youth Advisory Commission
March 23, 2006
Page 2
-Sarah Ziegehom is a junior at City High and she wants to promote not only
awareness ofthe city government and how it affects the youth in IC but also making the
youth in IC aware of what goes on in the community and the various community service
opportunities available.
-Maison Bleam is a freshman at the University ofIowa and is a political science
major and business administration minor. He feels there is a lot of apathy among the age
group that the commission is targeting and wants to seek to raise awareness and get them
involved.
-Subha Subramanian is an II th grader at Iowa City West High and is really
involved in Student Government and through that role feels aware of the great ideas for
youth in IC and wants to give them a way to establish their voice and ideas. She wants
to get the youth ideas flowing between the adults and youth.
-Audrey Keranen commented that since most commissioners were interested in
raising awareness perhaps a way to do that would be through a web site that would appeal
to their age bracket and would be a way in which youth could correspond with the
commission by filling in comment boxes or other mode. Perhaps that would be an easy
and effective way to bring in ideas.
ICE BREAKER ACTIVITY
All commissioners present, liaison, and staff participated.
After the activity Osterhaus introduced the following questions:
~ "What is a youth advisory board?"
}> "Are commissioners a part of something bigger?"
~ "What is your purpose?"
~ "What will this look like?"
Commissioner Subramanian said that she felt they had brought different experiences
together and so they were part of something bigger, as was seen by the ice-breaker
activity. Commissioner Keranen said the purpose was to be the voice of Iowa City Youth.
Commissioner Bleam said the commission would be used to access the city council. -
Commissioner Keranen said that she thought it would look professional once things get
going. Osterhaus read the mission of the Youth Advisory Commission as stated in the
resolution passed by City Council when they-were established. She mentioned it was a
work in progress, noted the article included with handouts "American Youth Commission
Movement" and encouraged commissioners to read it.
Youth Advisory Commission
March 23, 2006
Page 3
OVERVIEW OF YOUTH COMMISSIONS ACROSS THE UNITED STATES
Osterhaus reviewed examples from across the country of Youth Commissions, their
purposes and activities/accomplishments. She encouraged Commissioners to examine
purposes of the noted commissions and their relationship to their accomplishments, for
insight on fine-tuning their own purpose or creating a vision on whereto go.
Commissioners discussed specific accomplishments noted in the examples, questioned
how events were managed, and stated different areas and area interests may have driven
the events. Council liaison Correia and staff discussed the variety of job fairs and related
events. Osterhaus mentioned that recognizing the uniqueness of Iowa City is important to
the shaping of the mission and activities of this commission. Commissioners were
encourages to look into the youth commission examples presented as well as others.
Osterhaus noted the ICPL, CPL, Neighborhood Centers (disproportionate minority
confinement), School governments, Chamber of Commerce Youth Leadership program
that currently exist, and encouraged youth to take advantage of the opportunity to learn
from those different entities and network with them. Commissioner Keranen noted that
UA Y may have begun their own volunteer Advisory Board, but Commissioner
Subramanian noted that as a member of that new Advisory Board she'd say that it was
not like the IC government Youth Advisory Commission but was volunteers meeting
together and synthesizing their services, providing support to one another, and working
on outreach.
Osterhaus explained the purpose ofa vision map (contained in the handouts) and it's
dynamic, living nature. She stated that it could be a tool for collecting ideas and tracking
progress. Commissioners were provided time to draw a vision map/ideas and share them.
-Commissioner Subramanian shared the idea of having a Brother/Sister program
for IC homeless youth in Ie. She wishes to inspire positive views toward government.
Also liked the idea of a youth cafe and youth voting booths because want to have active
participation from youth in government.
-Commissioner Bleam shared ideas about college-aged student housing concerns
and the desire to promote positive neighborhood relations. He also liked the website idea
of a digital drop-box. Bleam also mentioned that he wanted greater participation in
general.
-Commissioner Ziegenhorn shared ideas about an all-ages club without drugs and
alcohol. She felt her ideas were more about informing youth and especially about
volunteerism.
-Commissioner Keranen agreed about the teen club because it isn't offered in a
practical manner at present. She is also interested in more biking lanes, and the dangers,
especially in areas where there aren't sidewalks. She is also interested in giving trees to
local schools on Arbor Day. She reiterated her idea to ban smoking on playgrounds.
Keranen also noted that the cell-phone recycling would be excellent to donate to soldiers
in Iraq. She also likes the idea of a baby-sitters co-op system as her mother had done.
Lowering the voting age on local elections is an interest as well. Liaison Correia noted a
Youth Advisory Commission
March 23, 2006
Page 4
movement already underway for school board elections. Commissioner Ziegenhorn
mentioned that there was some lobbying done by students in this area.
-Commissioner Keranen continued that she'd like to see recycling centers in parks
and sporting venues. She shared her personal experience in trying to recycle at Kinnick
stadium. Keranen thinks a small group of people should be able to do this. Southeast Jr.
High Environmentalist club also same results. Commissioner Bleam encouraged Keranen
to talk to the new UISG administration about her concern as they would certainly help
her out. City Clerk Karr also mentioned that a component of this may be considering the
fact that local booster clubs do clean-up after sporting events at Kinnick.
-Commissioner Keranen also noted her concern about the health ofthe Iowa
River. Mentioned that there were a lot of neglected paths, for example, Willow Creek.
Noted the strength onc local businesses and wanted to ensure their safety, teach small-
business ownership management, give subsidies, to ensure that they stay despite
corporate businesses. Lastly wanted to get a public artIcommentlwriting wall as she'd
seen before. Many commissioners noted that those in the past were not "pretty" and
language was hard to control. Commissioner Keranen did agree that this would be
something to consider in terms of regulating that space.
-Commissioner Nelson mentioned he was very interested in the mini grants for
area youth projects and groups. Also wanted to expand the alcohol-free entertainment,
such as expanding the summer music in the Pedestrian Mall to appeal to youth audiences.
Also wants to see more youth entering into relationships with homeless. Commissioner
Ziegenhorn mentioned that something like having dinner with the homeless was being
done this weekend.
- Commissioner Nelson also expressed concern that drunk-driving happened too
often here and would like to see more efforts to cease that.
-Commissioner Stubbers agreed with Commissioner Keranen on river clean-up,
even if only on a small scale because can relate to observations via rowing team. Also
agreed with recycling idea, even at University level, and wants to raise awareness about
where the recycling center in IC is. Also thinks the Volunteer Fair would be very
important. Wanted to mix youth cafe, club, and teen art center into one youth center.
Wanted to have a City Council youth day where youth in IC can come meet them and
hear about what they do. Thinks it would be great if they were more accessible.
CONCLUSIONS
Staff finished presentation with a few questions/things to think about as they proceed.
By-laws - Liaison Correia talked about the Planning and Zoning Commission and Parks
and Recreation by-laws distributed as part of the handouts. She noted that until by-laws
are in place, no action can be take; mentioned the major items within a typical set of by-
laws; and laid out the process for how by-laws are created, approved, and where a
commission can go from there. City Clerk Karr encouraged the by-laws be like a
skeleton to ensure flexibility and then it could evolve, expand, and amend if needed. She
discouraged by-laws being too defined; referenced the by-law examples to see a variety
and general shape. She reassured commissioners they need to start somewhere and staff
Youth Advisory Commission
March 23, 2006
Page 5
is available to assist, and encouraged commissioners to ask questions. Established point
that staff are back-up, facilitators, research, but said that commissioners would be the
ones to determine officers, and so forth. Committee for by-laws was established by
volunteers, Bleam and Stubbers who would return with a draft for discussion next week.
Scheduling - City Clerk Karr stated the in the remaining time the next meeting should be
scheduled, noting it may take time to firm up a permanent schedule. Summer schedules
may also be flexible. Commissioner Keranen wanted to meet more frequent than monthly
at first. Commissioner Bleam offered bi-weekly. Commissioner Stubbers questioned the
best days of the week to meet. After input from everyone, Tuesday and Thursday
evenings were thought to be good, and Tuesdays may conflict with Council meetings so
it was determined to stay with Thursdays. After input from commissioners it was decided
that it would be next week, March 30'h, 2006 at 7:00 P.M.
Agenda items - City Clerk Karr stated that election of a temporary chair would be the
first item of business at the next meeting. Liaison Correia offered ideas for bringing in
heads of departments and other commissions so that awareness could be raised according
to their aforementioned interest. It was decided to wait on these presentations until the
Commission had a better since of goals. City Clerk Karr provided information on open
meetings and quorum issues, noting four members of the City Councilor Youth Advisory
Board discussing business would be a quorum and would require meeting notice.
Additional items identified for the March 30 agenda include: introduction of Commission
members to the City Council; a possible proclamation in accordance with the Youth
Service Day(s); presentation by the City Attorney on meetings and Roberts Rules of
Order.
City Clerk Karr announced the agenda would be out no later than next Wednesday in
accordance with State open meetings laws. In response to Commissioner Bleam, City
Clerk Karr stated minutes would be prepared by staff until the Commission had a time to
discuss by-laws, officers, etc. She noted some commissions elect a secretary from their
membership to do their minutes while others rely on staff. She encouraged discussion of
this matter at a later time. Liaison Correia reminded that minutes will be accepted by City
Council.
City Clerk Karr noted that all City Boards and Commissions do an annual report in late
summer. This commission will be a 'mini' or shortened one, and could include
accomplishments thus far such as by-laws, setting vision and goals, presentations and
meeting staff. Start working on it as early as June for due date in August.
Meeting adjourned 8:40 P.M.
Prepared by Osterhaus and Karr.
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YOUTH ADVISORY COMMISSION
ADDITIONAL PACKET MATERIALS
HANDED OUT DURING THE MEETING
By-Laws - The Iowa City Youth Advisory Commission
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em Of 10\\'A ern
Written: March 30'", 2006
Artic1e I - Name
Th~ Iow~_qity Youth A~visory Commission
By-Laws
The official name of the organization shall be The Iowa City Youth
Advisory Commission.
Artic1e II - Purpose
The Iowa City Youth Advisory Commission is organized exc1usively for
empowering, engaging, and fostering Youth participation in its local
community. More specifically to provide a .sounding board. for youth
issues affecting the Iowa City community.
Article III - Membership
Shall consist of seven [7] members appointed by the City Council. All
members shall be residents of Iowa City. Seats shall be filled
accordingly to the requirements, asset below.
. Two [2] persons appointed to the age fifteen-seventeen [15-17]
seats for two [2] year terms.
. Two [2] persons appointed to the age eighteen-twenty-one [18-2lJ
seats for two (2] year terms.
. Two [2] persons appointed to the age fifteen-seventeen seats for
[lJ year terms.
. One rn person appointed to the age eighteen-twenty-one (18-2lJ
seats for a one ~ year term.
Article IV - Meetings
Section A:
Section B:
Section C:
Section D:
Section E:
Section F:
Article V - Elections
Section A:
Section B:
Section C:
Article VI - Officers
Shall be run in accordance will the most current edition of
Roberts Rules of Order.
Quorum must be attained before business can transpire;
thus, five [5] commissioner present at anyone time shall
constitute that a quorum have been achieved to conduct
business.
Notice of official Commission meetings require a week's
notice to it membership, and needs to be in accordance with
Iowa Open Meetings Laws.
The date/location/time of meetings shall be set by the
Chairperson of the Commission [subject to approval by the
Commission members] in conjunction with the City Clerk, in
compliance with Ordinances of the City of Iowa City, the
laws of the State of Iowa, and in accordance with the Iowa
Open Meetings Law.
Special meetings may be called by the Chairperson, or by a
consensus of two-thirds [2/3] of the sitting membership of
the Commission.
Meeting shall be held. but not limited to, bi-monthly
meetings, at an agreed upon time/location/date.
Elections of new officers to a term will occur as the first
item of business, at the first meeting of the Commission,
for the New Year.
Officers will be elected by a majority vote of the sitting
commission membership.
Terms of all officer positions shall be for one (~ year,
but all persons are eligible for re-elections.
Officers of the Commission shall consist of, but not limited to, Chair,
Vice-Chair. and Secretary.
Article VII - Duties
Chair: Shall preside and convene regularly scheduled Commissions
meetings,
Shall direct the business of the Commission,
Shall work in conjunction with the Council liaison and City Clerk
to facilitate all work of the Commission in accordance with the
City of Iowa City Ordinances and State Laws,
Shall appoint all committees, and appoint other posts within the
Commission, except those already mandated.
Vice-Chair: Shall chair all committees on special subjects, except as
as designated by the Chair,
Shall assist the Chair in all work of the Commission,
Shall oversee all work of the Commission; provide ideas,
and projects, for the Commission to undertake.
Secretary: Shall be responsible for keeping the minutes, records, and
correspondence of the commission,
Shall send out announcements, and prepare materials for
each meeting,
Shall assist the Chair and Vice-Chair in their activities,
Shall assure all records are maintained,
Shall work hand-in-hand with the City Clerk.
Article VIII - Vacancies, Resignations, Dismissal
Section A: All absences, resignations shall be submitted to the
Commission's Chair and Secretary who will then forward it
on to the respective people.
Section B: Dismissal shall occur after three [~ unexcused absences.
Section C: Prior notice to the Chair, City Clerk. or Secretary shall
be sufficient for an excused absence.
Sections D: All other instances that may arise which are not covered
in these by-laws shall be left to the discretion of the
Iowa City Council.
Article XI - Committees
The board may create various committees as needed. The Chair shall
appoint all committee members. subject to approval by the rest of the
commission.
Article X - Amendments
Section A:
These by-laws may be amended when necessary by two-thirds
[2/~ majority of the Commission membership.
Proposed amendments must be submitted to the Chair, and
secretary, a day in advance to a scheduled meeting.
All changes are subject to approvel by the Iowa City
Council.
Section B:
Section C:
These By-Laws of the Iowa City Youth Advisor Commission were approved at the
meeting of the Commission on
Chair:
Secretary:
Advisor:
City Clerk:
City Council Liaison:
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CITY OF IOWA CITY
MEMORANDUM
Date:
March 29, 2006
From:
Youth Advisory Commission (\ \ 11/
Eleanor M. Dilkes, City Attorney ,\)Y
Open Meetings, Public Records and Commission Meetings
To:
Re:
As an advisory board to the City Council, the Youth Advisory Commission (YAC) is subject to
the Iowa Open Meetings law. In addition, records generated by the Commission and individual
commissioners come within the purview of the Iowa Public Records act. I will be present at your
meeting on March 30 to provide you with an overview of these two laws. This memo will touch
on some highlights and pitfalls.
1. Open meetinas. To summarize, under the open meetings law a "meeting" of the YAC occurs
anytime a quorum (a majority) of the members of the YAC are discussing Commission/City
issues. All "meetings" must be preceded by at least 24 hours' public notice in accordance
with the requirements of the law, the meeting must be open to the public and minutes of the
meeting must be kept. If a quorum of YAC discusses City business without following these
rules, the law has been violated and individual members are subject to penalties.
2. E-mail communications between Commission members raise significant issues under Iowa's
open meetings law. The open meetings law is applicable to electronic communications. If a
majority of YAC members are simultaneously communicating electronically about City
business a meeting may occur. Just as a telephone conference call between a majority of
you would be considered a meeting, so would an internet or e-mail communication in which
a majority are participating. Because of the capacity for instant communications provided by
electronic mail, e-mail communications may rise to the level of a "meeting." While there is
no governing authority in Iowa (the Supreme Court has not addressed this issue), cases in
other jurisdictions suggest that the question of whether a meeting has occurred turns on
how simultaneous the comrnunications among a majority of the group have been. To
determine whether a violation of the open meetings law has occurred, any such occurrence
would have to be examined on its own facts. However, due to the instantaneous nature of e-
mail communication, you should be very cautious when communicating bye-mail. The best
practice is to rely on city staff to transmit information of interest to other Commission
members.
3. Public records and e-rnails. With limited exceptions, all electronic and written
communication to you and frorn you on business related to the City or the Commission is a
"public record" subject to disclosure upon request by any person. The fact that the
communication is made from or received on a personal computer does not make it "private"
or "confidential" or shield it from an open records request. Again, there is no controlling
authority in Iowa. However, the cases in other jurisdictions that have addressed the issue
have determined that the determination of whether an e-mail to or from a commission
member is a public record turns on the content, not the location, of the e-mail. Commission
members' replies to e-mails from the public should advise the senders that their e-mail
communications and the Commissioner's responses may be public information.
4. "Public discussion" item on the Commission aaenda. Occasionally, members of the public
may address the Commission when "public discussion" comes up on the agenda. This is the
Open Meetings, Open Records & Commission Meetings
March 29, 2006
Page 2
time for the YAC to listen. It is not a time for Commissioners to discuss the matter brought
to you by that person. In the event it appears there is interest on the part of the Commission
to discuss the item, the Chair should take an informal poll of the Commission to see if the
matter should be scheduled as an item on a future agenda.
I will be present at your meeting on March 30 to discuss these and other issues. In addition, feel
free to give me a call at 356-5030 if you have questions.
cc: Marian Karr, City Clerk
Amy Correia, Council Liaison
Joelle Osterhaus, Mayor Intern
eleanorlmemfyoulh open mlgs.doc
Table of Contents
Introduction. . . .. . . . . . . . . . . . . . . . . .. . . . . . .. . . . . . . . . . . . .. .. . . . 1
Meetings Generally. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2
Public Notice and Agendas.. . .. . . . . . . . . . . . . . . . . . . . . . . . . .4
Meeting Procedures and Minutes. . . . . . . . . . . . . . . . . . . . . . . .6
Electronic Meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8
Closed Meetings Generally. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9
Notice for Closed Meeting............................. .11
Closed Meeting Procedures and Minutes. . . . . . . . . . . . . . 13
Closed Meeting on Personnel Issue................... .15
Enforcement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Iowa League of Cities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20
*******PROVIDED BY IOWA LEAGUE OF CITIES*******
Published August 2005
7
Open Meetings
Questions & Answers
The purpose of this publication is to provide general guidance on
the Iowa Open Meetings Law, Code of Iowa Chapter 21. This law
requires meetings of governmental bodies to be open to the public.
Cities often have questions about the applicability of this law to
day-to-day city business. The information contained here is
designed to be general in nature and docs not constitute legal
advice. Ifthere are specific legal questions about open meetings
requirements, the city should contact the city attorney. The Iowa
Open Meetings Law favors openness, so situations where the
applicability of the law is unclear should be resolved on the side
of openness.
Meetings Generally
The Iowa Open Meetings Law applies to governmental bodies,
including city, county and state government and others, such as
some nonprofits. Governmental body refers to a "board, council,
commission or other governing body." The law also applies to "an
advisory board, advisory commission, advisory committee, task
force, or other body created by statute or executive order of this
state or created by an executive order of a political subdivision of
this state to develop and make recommendations on public policy
issues." For cities, this law applies to the city council, as well as
entities such as the planning and zoning commission, the board of
adjustment, library board and the park and recreation commission.
A meeting is "a gathering in person or by electronic means, formal
or informal, of a majority of the members of a governmental body
where there is deliberation or action upon any matter within the
scope of the governmental body's policy-making duties."
To have a meeting, a quorum (or majority) of the governing body
must be present and there must be discussion or deliberation on
city business. Vacant positions must be included when calculating
the number of council members that must be present for a quorum.
Examples: If a jive-member council has two vacancies, it needs a majori-
ty of the jive (all three current members) to be present in order to hold a
meeting. If a regular meeting is held and only two members of a jive-
member council attend, the meeting cannot take place.
A gathering of members of a governmental body for purely ministerial
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to
or social purposes when there is no discussion of policy or no intent to
avoid the requirements of the open meetings law is not a meeting.
Example: Three council members of a five-member city council attend the
same high school football game. They do not need to avoid each other,
but should not get together during the game to discuss city business, this
would constitute a meeting.
Q: Are committee meetings that include the mayor and two
council members supposed to be open meetings?
This question has to be answered on a case by case basis. Because
the law applies to bodies "created by an executive order of a polit-
ical subdivision of this state to develop and make recommenda-
tions on public policy issues," this may include committees estab-
lished by executive order of the council.
Example: A city council passes an ordinance to establish a budget com-
mittee, consisting of the mayor, two council members and the city finance
officer. It may be argued that this committee would be subject to open
meetings requirements and an opinion should be sought from the city
attorney on whether or not that is the case.
Q: Are work sessions or retreats where the council discusses,
but does not take any action on items, subject to the open
meetings requirements?
Yes, if a majority of the council is present and they are discussing
or deliberating on city business. The fact that the council is delib-
erating on city policy is enough to make the gathering a meeting,
it is not necessary that they take action or vote.
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Public Notice and Agendas
Meetings of governmental bodies must be preceded by public
notice. Public notice is given by delivering a copy of the public
notice to those in the media who have requested it and by posting
the public notice in a prominent place in the city office. Many
cities post notice on a bulletin board in city hall or on the door. If
the city does not have a city hall, they can post notice in the build-
ing where the meeting will be held.
Public notice must give:
- Time, date and place of the meeting
- The tentative agenda for the meeting
Public notice must be given at least 24 hours prior to the meeting.
Q: When posting the agenda, what needs to be listed and in
how much detail?
The agenda should list the items the council intends to discuss and
intends to act upon. There is no clear definition on what is enough
information, therefore, if in doubt, give more rather than less
information. Whether or not the detail provided in a tentative
agenda is sufficient must be viewed in the context of surrounding
events, therefore exhaustive detail is not required.
Example: An agenda item of "water" may not be enough information to
tell the public that the council will be discussing an amendment to an
ordinance increasing water rates. On the other hand, it is not necessary
for the agenda to include the wording of the entire ordinance.
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Q. Can cities hold meetings with less than 24 hours notice?
Yes, if it is not possible or practicable to give 24 hours notice. The
law requires as much notice as possible. If an emergency situation
requires a meeting with less than 24 hours notice, give as much
notice as can be given, but in any event, give at least some notice.
The city must justify its reason for not giving proper notice in the
minutes of the meeting. The city must also justify its action if it
holds a meeting at a place not reasonably accessible or at a time
not reasonably convenient to the public.
Example: A levee breaks and the city is being flooded, the council may
need to have an emergency meeting to hire a contractor to come in and
repair the levee immediately The minutes of the meeting need to explain
why the council held a meeting without providing 24 hours notice.
Q. Can the council amend the agenda once the council meet-
ing has started?
It is not advisable to amend the agenda after a council meeting has
started. The council shall provide 24 hours notice to the public on
what will be discussed at the meeting. If an item is added to the
agenda less than 24 hours prior to a meeting or at a meeting, the
public may contend that proper notice was not given.
Example: During the public forum, a citizen complains about dogs running at
large and suggests the council pass an ordinance at that meeting to address
the problem. The mayor or presiding officer should defer the discussion and
action to the next council meeting or suggest a special meeting be called if
there is an immediate need to address the issue. It is not a good idea to move
forward with discussion and action on an item that was not on the agenda.
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Meeting Procedures and Minutes
A meeting occurs when a majority of the council gathers to dis-
cuss city business. If a quorum of members of the governing body
is not present, a meeting cannot be held. Most city attorneys also
feel the requirement for a quorum is extended to public hearings.
Q: Can a council member who will not be present at a meeting
send in their vote with another council member or tell the
clerk to record their vote a certain way?
Although state law does not explicitly prohibit proxy voting, it is
not advisable for a council member to vote by proxy. Sending in a
vote and not participating in the discussion at a meeting denies the
public access to whatever information or discussion led a council
member to vote in a certain way. Additionally, had a council mem-
ber attended the meeting, they may have been presented with
information that would have caused them to vote differently.
Example: Council member Smith will not attend the council meeting but
tells council member Jones that the city clerk should record Smith as a
"nay" vote for the water rate ordinance. The public was not privy to any
discussion or information that led Smith to vote "nay", so this may be
problematic under the requirements for open meetings.
Q: The minutes have to record the vote of each council mem-
ber. Does this mean a roll call vote is required on each action
of the council?
The procedure to record the vote of each member is to either take
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a roll call vote or to determine each member's vote in some other
manner. The method is not as critical as the fact that each council
member's vote is recorded.
Example: Some cities may use an electronic voting system that records
each council member s vote. Some mayors or clerks may be adept at pick-
ing up on how each council member voted during a regular voice vote or
may request that council members raise their hands to vote.
Q. Do citizens have to be allowed to participate in a meeting or
can cities have rules regulating the public attending a council
meeting?
The public can use cameras or recording equipment to take pho-
tos, movies, recordings, etc. of any open session. Although many
cities provide time for public input, it is not a requirement of
council meetings. It is advisable to provide a time for public com-
ment in order to allow citizens to give feedback and have input in
their city government. There are specific situations that require the
city to hold a public hearing (prior to adoption of the budget, for
example). The purpose of a public hearing is to solicit public input
on the proposed action, so receiving public comment is a require-
ment. Cities can make rules of conduct for their meetings to
ensure the meetings are orderly. The mayor or presiding officer is
responsible for enforcing these rules.
Example: A city might offer a "public comment" agenda item and limit
each person to jive minutes, requesting that they state their name and
address, etc.
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Electronic Meetings
A city can hold a meeting by electronic means if it is either impos-
sible or impractical for a council member to attend in person and
only if it complies with all of the following rules:
_ Public access to the conversation of the meeting has been pro-
vided to the extent reasonably possible.
_ Minutes are kept of the meeting and explain why a meeting in
person was impossible or impractical.
Example: On a jive-member council, one city council member is out of
town on business, one council member is ill and the council has one
vacant seat. The city cannot hold a meeting without a quorum and they
need to meet so they can conduct city business. In order to have a quo-
rum, the council member that is out of town calls in and participates in
the meeting via speakerphone. The minutes must explain why it was nec-
essary to hold this meeting electronically.
Q: When council members communicate with each other by
email, is that considered a meeting?
If a majority of council members are simultaneously communicat-
ing electronically about city business, a person may challenge that
they are actually conducting a meeting and therefore violating the
open meetings law if the meeting was not announced and open to
the public. City officials need to be very cautious engaging in
electronic communications, whether that be by phone or email.
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Closed Meetings Generally
A closed meeting is a meeting of a governmental body that is
closed to public access, meaning that neither the general public
nor the press can be present at that meeting. A city councilor
other body can close a meeting only for very specific reasons
described in law. The law favors openness so before closing any
meeting, the city should consult the city attorney.
The Code Section 21.5 allows for eleven reasons to hold closed
sessions. Some of the common reasons used by cities include: to
review or discuss records which are required or authorized by
state or federal law to be kept confidential, to discuss strategy with
counsel in matters that are presently in litigation or where litiga-
tion is imminent and specific law enforcement matters.
Cities can also close a meeting to discuss the purchase of particu-
lar real estate only where premature disclosure could be reason-
ably expected to increase the price the governmental body would
have to pay for that property. The qualification with this exemp-
tion is that the minutes and the tape recording of a session closed
under this paragraph need to be available for public examination
when the transaction discussed is completed.
The most common reason cities hold a closed meeting is to evalu-
ate the professional competency of an individual whose appoint-
ment, hiring, performance or discharge is being considered when
necessary to prevent needless and irreparable injury to that indi-
vidual's reputation and that individual requests a closed session.
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Q: Are there any meetings of a governmental body that are
exempt from the open meetings requirements?
Yes. A meeting to discuss strategy in matters relating to employ-
ment conditions of employees of the governmental body who are
not covered by a collective bargaining agreement under Code
Chapter 20. A city considering holding a meeting of this sort
should seek the guidance of the city attorney.
Note: This exemption is only for the purpose of discussing strategy. Therefore,
action involving employment conditions must be taken at a meeting that complies
with the open meetings requirements. For this purpose, "employment conditions"
means areas included in the scope of negotiations listed in Code Section 20.9.
Examples: Insurance, holidays, leaves of absence, shift differentials, over-
time compensation, supplemental pay and seniority.
Q. Does the city clerk have to be present during a closed ses-
sion to take minutes?
No. If the clerk is not present, the governing body must appoint
someone to perform this function.
Q: Can persons other than members of the governing body be
present during a closed session?
Yes, provided that governing body authorizes their presence.
Q: Do persons other than members of the governing body
have an absolute right to be present at a closed session?
No.
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Notice for Closed Meeting
The meeting must begin in open session with a call to order and a
roll call. In order to go into closed session, there must be a motion
to hold a closed session that is approved by two-thirds of the
members or all those present. The minutes must record the votes
of individual council members on the question of holding a closed
session. In addition, the motion and minutes must state the exemp-
tion under Code Section 21.5 that permits a closed session.
No business can be discussed during the closed session that does
not directly relate to the specific reason for the closed session.
Upon completion of the closed session, a motion and vote must be
taken to end the closed session and return to open session. Final
action must be taken in open session.
Q: Does a closed session have to be listed on the governing
body's agenda?
Generally, yes. The legislative intent underlying the Iowa Open
Meetings Law is that this law should be construed or applied in
favor of openness. Therefore, if a closed session is anticipated, the
fact that there is to be such a session should be made known by
setting forth the topic for the closed session and the fact that a
closed session will be held on the agenda.
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Q: Does every closed session have to be listed on the govern-
ing body's agenda?
No. If, during an open meeting, a topic comes up which may be
considered during a closed session and which could not reason-
ably have been anticipated at the time notice of the agenda was
given, then it would be appropriate to proceed to closed session
from the open meeting.
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Closed Meeting Procedures and Minutes
When holding a closed session the governmental body must keep
the following:
_ Detailed, written minutes of all discussion, persons present,
and action occurring during the closed session.
- A taped record of the entire closed session.
The minutes are sealed and must be kept by the governmental
body for a period of at least one year from the date of the meeting
at which the closed session was held.
Q: Is there any situation which will result in the sealed
detailed minutes and the tape recording of a closed session
becoming unsealed?
Yes, but only if a lawsuit is brought to enforce the provisions of
the Iowa Opening Meetings Law, then upon order of court, they
must be unsealed and examined by the court. The court has to bal-
ance what adverse consequences may result from public disclosure
against the value of information that is contained in the minutes or
on the recording to determine whether to disclose any portion of
the closed session.
Q: If a member of a governing body is absent and the govern-
ing body holds a closed session, can that member listen to the
tape recording of the closed session?
Yes. The member who is absent still remains a member of the gov-
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erning body. The member has a right to be informed of discussion
and action that occurred during his or her absence. The fact that the
detailed minutes and tape recording of a closed session are not
open to public inspection does not preclude a person who would
otherwise have been privy to such records, except for an absence
from later listening to the tape or reviewing the minutes.
If
Closed Meeting on Personnel Issue
One of the most common reasons cities hold closed meetings is to
discuss a person's appointment, discharge and performance. In
order to hold a closed session for this reason, the person who is
being discussed must request a closed session. The city may want
to alert the person of this privilege or the individual might
unknowingly waive their opportunity for a closed session.
Q: If a person who may request a closed session in fact makes
such a request, must the request be granted?
No. The law provides that a governing body may hold a closed
session for certain specific purposes. It does not require that such
a session be held.
Q: Can job interviews be conducted during a closed session?
Yes. However, the person being interviewed must request the
closed session.
Example: The city plans to hire a city administrator. The city has nar-
rowed their list of candidates to three they plan to interview. The city may
alert the candidates of their option for a closed session. If the candidate
requests a closed session for the interview, the city could proceed with a
closed session.
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Q: When a closed session is held to discuss employment issues
involving a specific employee, is the employee required to be
present during the session?
Not all attorneys agree whether or not the employee requesting a
closed session needs to attend the closed session, so if a city is
presented with this situation, they should seek the guidance of the
city attorney.
Q: Can a closed session be held to discuss salaries in general
for the upcoming year?
No. There is no express authority in the Iowa Open Meetings Law
for such action. Therefore, under the policy prescribed by the Iowa
legislature, this matter must be resolved in favor of openness.
)t
Enforcement
The courts enforce the Iowa Opening Meetings Law. Any
aggrieved person, the attorney general or the county attorney can
bring a lawsuit to enforce this law. The burden is on the city to
prove they complied with the law.
Q: What happens if the court finds that there has been a vio-
lation of the open meetings requirements?
The court must assess each member of the governing body that
participated in the violation an amount not more than $500 and
not less than $100. Each such member must be ordered by the
court to pay all costs and reasonable attorney fees to the party who
successfully established a violation of the law.
The court must void any action taken in violation of the law if the
lawsuit for enforcement is brought within six months of the viola-
tion and if the court finds that the public interest in enforcing the
policy of the Iowa Open Meetings Law outweighs the public inter-
est in sustaining the validity of the action taken in the closed ses-
sion. The court cannot, however, void the issuance of bonds or
other evidence of indebtedness of a governmental body if a public
hearing, election or public sale has been held regarding the bonds
or evidence of indebtedness.
If a member of the governing body has engaged in a prior viola-
tion of the open meetings requirements for which damages were
assessed during the member's term, the court must issue an order
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removing the member from office.
The court may also issue a mandatory injunction, punishable by
civil contempt, ordering the member of the governing body to
refrain from any future violations of the open meetings require-
ments for one year.
Q: Can a person charged with a violation of the Iowa Open
Meetings Law claim they did not know the provisions of the
law?
No, ignorance of the law is not a defense.
/
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Q: What are the defenses against being held individually
liable for violations of this law?
1. Voting against the closed session. This demonstrates the
importance of recording the vote of each council member.
2. Had good reason to believe and in good faith believed facts
which, if true, would have indicated compliance with all the
requirements of this chapter.
3. Reasonably relied upon a decision of a court or a formal opin-
ion of the attorney general or the city attorney. This demon-
strates that cities need to obtain a written opinion from the
city attorney before holding any closed session.
Q: Do members of governing bodies need to be provided with
information about the Iowa Open Meetings Law?
Yes. The appropriate commissioner of elections must
provide this information to the elected members of
governmental bodies. Also, the authority that
appoints members of governing bodies must pro-
vide this information.
Example: The county auditor must provide this information to
mayors and city council members. When city councils make
appointments to boards or commissions or to fill a vacancy on
the council, they must provide this information to their appointees.
19
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"-
Iowa League of Cities
The Iowa League of Cities is a nonprofit association of city gov-
ernments in Iowa. The League provides a variety of informational
resources to its members.
Municipal Leadership Academy (MLA)
Tailored to newly elected officials, the League's Municipal
Leadership Academy prepares attendees for participation in city
government. This intensive, four-part series gives new leaders the
tools they need to succeed in public office.
Web Site
The League's web site,www.iowaleague.org, is an excellent
resource for cities. It contains legislative information, frequently
asked questions, a database of grants, a calendar of events, work-
shop information and League publications. Contact information
for League staff and links to state agencies, the Code of Iowa and
other useful sites are also included.
Technical Assistance
Once a city official takes office, the Iowa League of Cities will
provide assistance by answering questions and providing informa-
tion. Membership services staff is available to answer questions
from cities of all sizes facing a variety of challenges.
Ongoing Training
The League holds a variety of training events throughout the year.
Annual workshops cover city budgets, issues facing small cities
and a variety of other topics. Each fall, the League holds an annu-
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al conference offering the most current, relevant information to
city officials.
Advocacy
League staff advocates city policy positions to members of the
Iowa Legislature, and monitors federal issues. City officials
should participate in advocating local government positions.
League publications help local officials stay abreast of important
issues, making them informed voices when speaking to legislators.
The City Voices em ail list is another valuable tool for sharpening
advocacy skills. The League's annual Legislative Day invites city
officials to the Capitol to meet legislators en masse after receiving
an update on key issues.
Publications
The League provides a variety of publications to cities. Cityscape
is a monthly magazine with articles designed to inform and edu-
cate city officials. During the legislative session, the League pub-
lishes a biweekly Legislative Bulletin. A biennial directory of
cities in Iowa, a municipal salary and benefits survey and an annu-
al report are also available.
2 )