HomeMy WebLinkAbout2003-09-09 Ordinance Prepared by: Eleanor M. Dilkes, City Attomey, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO. 03-4096
CONSIDER AN ORDINANCE AMENDING TITLE 8, "POLICE REGULATIONS", CHAPTER 8,
"POLICE CITIZENS REVIEW BOARD", SECTION 8, ENTITLED "BOARD COMPOSITION;
LIMITED POWERS OF THE BOARD", TO PROVIDE THAT PEACE OFFICERS EMPLOYED AS
SUCH BY THE CITY OF IOWA CITY WITHIN FIVE YEARS OF THE APPOINTMENT DATE SHALL
NOT BE APPOINTED TO THE BOARD.
WHEREFORE, Section 8-8-8 of the City Code provides that appointments to the Police Citizens Review
Board shall include one current or former "peace officer" as that term is defined by state law; and
WHEREAS, due to the appearance of a conflict of interest, the City Council desires to amend the ordinance
to provide that a peace officer employed as such by the City of Iowa City within five years of the appointment
date shall not be appointed to the Board.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENT. Subsection A(1) of Section 8-8-8 of the City Code is hereby deleted and the
following substituted in lieu thereof:.
A. Board Composition:
1. The board shall consist of five (5) members appointed by the city council, who shall be Iowa
City eligible electors and shall serve without compensation. The city council shall strive to appoint
members who represent the diversity of the community. Appointments to the board shall include one
current or former "peace officer'' as that term is defined by state law, except that a peace officer employed
as such by the City of Iowa City within five years of the appointment date shall not be appointed to the
Board. The city council reserves the right to waive the residency requirement for good cause shown. The
city council also reserves the right, for good cause shown, to waive the requirement that the board include
one current or former peace officer.
SECTION I1. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publicatiga~as provided by law.
P.,~s~ and approved ttf~s 9._~ day~ e p l:embe ~' ,20 03
ATTEST:
CITY CLEI~N
ed by
City Attorney's Office
Eleano~ord~xT,~bappoint doc
Ordinance No. 03-4096
Page 2
It was moved by Vanderhoef and seconded by 0' Donnel 1 that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Nab
X Vanderhoef
X Wilbum
First Consideration 8/19/03
Vote for passage: AYES: Champion, Kahner, Lehman, 0'Donnell, Vanderhoef.
NAYS: Pfab. ABSENT: Wilburn.
Second Consideration ..................
Vote for passage:
Date published 9/17/03
Moved by Vanderhoef, seconded by 0'Donnell, that the rule requiring ordinances to be
considered and voted on for passage at two Council meetings prior to the meeting at which
it is to be finally passed be suspended, the second consideration and vote be waived and
the ordinance be voted upon for final passage at this time. AYES: Vanderhoef, Wilburn,
Champion, Lehman, O'Donnell, Pfab. NAYS: Kanner. ABSENT: None.