HomeMy WebLinkAbout2003-11-25 Info Packet CITY COUNCIL INFORMATION PACKET
CITY OF IOWA CITY November 25, 2003
www.icgov.org
DECEMBER 2 WORK SESSION ITEMS
IP1 Memorandum from City Clerk: 2004 Council Orientation [See revised Council
Committees memorandum - distributed at 12/2 Work Session]
MISCELLANEOUS ITEMS
IP2 City Council Meeting Schedule and Work Session Agendas
IP3 Memorandum from PCD Director to City Manager: Press-Citizen Editorial on
Peninsula
Memorandum from City Attorney: Applicability of Public Records and Open
Meetings Laws to E-mail
Extension to Communities: Simplified Parliamentary Procedure [Distributed at
12/2 Work Session]
~ CITY COUNCIL INFORMATION PACKET
C]TY OF IOWA CITY November 25, 2003
org
DECEMBER 2 WORK SESSION ITEMI
IPl Me m from City Clerk: 2004 Council Orientat
MISCELLANEOUS ITEM,~
IP2 City Council Schedule and Work Sessio~ endas
IP3 Memorandum from to City Mt Press-Citizen Editorial on
Peninsula
City of Iowa City
MEMORANDUM
DATE: November 25, 2003
TO: Council and Council Elect
FROM: Marian K. Karr, City Clerk
RE: 2004 Council Orientation
Attached is the agenda for the orientation meeting scheduled Tuesday, December 2
at 4:00 PM. A couple of other things to remember:
· A group Council photo is scheduled first thing
· Bring your calendars for scheduling purposes
2004 Council Orientation
AGENDA
December 2, 2003
4:00 PM - 5:30 PM
Harvat Hall
A. INTRODUCTION
1. OpenMeetings/Executive Sessions/E-mail
2. Special Functions/Travel Policy
3. Posting and minutes
4. Voting procedures
5. Ordinances/Resolutions/Motions
Consult policy with Planning & Zoning
6. Contact with staff
B. ORGANIZATIONAL MEETING I. Election of Mayor & Mayor Pro tem
2. Appointment to Committees
3. Tentatively set 1/5 at 6:30 PM (between January 2 and noon on January 6)
C. WORK SESSION 1. Purpose/Procedure/Fairness
2. Day and Time
3. Scheduling of upcoming special work sessions (e.g. budget/three 3 hour)
D. FORMAL MEETING (set by resolution) 1. Currently 1st & 3rd Tuesday at 7:00 PM; Continue or change
2. Order of items
3. Special meeting procedure
E. COUNCIL PACKETS/AGENDA PREPARATION 1. Agenda Prep/Distribution
2. Deadlines
3. Late items
4. Board and Commissions applications
F. COMPUTER TRAINING 1. Laptop
2. Microsoft Word, E-mail, etc
3. Laserfiche
4. City Website (bio info)
2004 Council Orientation
Agenda
Page 2
G. MISCELLANEOUS 1. Payroll forms/Insurance
2. Filing Cabinet
3. Tours
4. NLC, ILC, Chamber Membership
5. Parking sticker/bus pass
6. City Vehicles/Travel Policy
City of Iowa City /ii
MEMORANDUM
DATE: November 21, 2003
TO: Council and Council Elect
FROM: Marian K. Karr, City Clerk
RE: Open Meetings Requirements
Attached is information concerning open meetings provided by the Iowa League of
Cities.
All City Boards and Commissions, as well as City Council, are required to comply with
the open meetings law.
Meeting fundamentals, part 1: Open meetings
Q. What r~les apply to cities in conducting and recreation commission. In addition, Q. How many council members muSt be
meetings? it may include committees established present to conduct a meeting?
A. In Iowa, city councils, as well as their by executive order, such as an ad hoc A. A majority of all council members
advisory bodies, are required to comply building committee created by the constitutes a quorum. A quorum must
with the open meetings law (Code of council. The open meetings law favors be present before business can be
Iowa, chapter 21). The law applies to openness and cities should always con- transacted. Vacant positions must be
meetings of governmental bodies. For suit with their city attorney to interpret included when calculating the number
cities, the law specifically defines a the state law if they are unsure whether of people that must be present. For
governmental body as "a board, council, a group's meeting must comply, example, a city with a five-member
commission, or other governing body of Q. What constitutes a meeting? council must have three members
a political subdivision or tax-supported A. The open meetings law defines a present to have a quorum, even if there
al'strict... It further applies the law to meeting as "a gathering in person or by are one or two vacancies.
"an advisory board, advisory electronic means, formal or informal, of Q. Are cities required to provide notice of
commission, advisory committee, task a majority of the members of a govern- their meetings?
force, or other body created by statute mental body where there is deliberation A. Yes. Cities must give public notice
or executive order of this state or or action upon any scope of the govern- for each meeting held. The notice must
created by an executive order of a mental body's policy-making duties." include the time, date and place of each
political subdivision of this state to The definition further states that meeting and the tentative agenda.
develop and make recommendations on "meetings shall not include a gathering "Reasonable notice" is defined to
public policy issues." of members of a governmental body for include advising the news organizations
'Fne first definition applies the law to purely ministerial or social purposes which have filed a request for notice
city councils and [he second definition when there is no discussion of policy or and posting the notice on a bulletin
applies the law to boards and no intent to avoid [sidestep] the board or other prominent place easily
commissions created by a city code. For purposes of this chapter." accessible IO the public and clearly
example, this includes groups such as Councils and their advisory designated for that purpose at the city's
the planning and zoning commission, commissions need to exercise caution, principal office. If no such office exists,
the board of adjustment and the park For example, a majority of the city the notice should be posted at the
I ~ c°uncil may travel in the same vehicle building where the meetingwill be held'
to a League workshop. This activity is a Notice shall be given at least 24 hours
gathering--not a meeting under the prior to the meeting.
open meetings law. However, the Q. Is there any time when the 24.hour
gathering becomes a meeting if there is
deliberation of public matters or intent notice is not necessary?
to avoid the law. For example, if one of A. Yes. Twenty-four hours' notice must
the riders says, "What do you think of be given unless for good cause such
that proposed ordinance the city clerk notice is impossible or impractical, such
distributed last week?" the gathering as an emergency situation. In this case,
has just become a meeting and the law as much notice as is reasonably possible
has been violated. Another common shall be given. When a meeting is held
(A few comments about the W~ndows situation arises where members of the with less than 24 hours' notice, the
software available from CIVIC SYSTEMS. city council meet on an informal basis, nature of the good cause justifying that
such as at the local coffee shop, and departure from the normal require-
utility bllllngt - ;/enetal ledp, er allow their discussion to stray to city ments shall be stated in the minutes.
accounts payable · payroll/benefit: business. Again, this qualifies as a Q..,ire cities required to keep meeting
meeting under the open meetings law. minutes and what must be included in
cash recelptln~ and morel It is important to restrain from talldng them?
about city business except in strict A. Yes. Each governmental body is
888-241-1517 compliance with the statute, required to keep minutes of all its
Q. Where attd when can a meeting be meetings showing the date, time and
heM? place, members present and action
O A. Meetings must be held a place --
in
taken
at
each
meeting.
T~h~
.m_ in__ut_es.
reasonably accessible to the public and must also show the resu ts of eaj:lly~te_
CIVIC at a time reasonably convenient to the takeo and contain information sufficient
public, If for good cause such place or f6'in/llc~T~h~- v-~6Ye of e~/~:fi rnem_b-e.-?
SYSTEMS, LLC time is impossible or impractical, the p~'g~h~'. T~i~- m~fi~s ~}'6 public records
An affiliate o! Vm:~ow. Krause & Gompa~y. t£ta nature of the cause justifying the ~-p~i/(6 public inspection.
c$$ate~c~vicsyatems, c~m. www civlc~ystern$.com departure from these requirements In addition, the minutes of council
· A p,~uct ot c~se~, t,,c must be stated in the minutes, meetings must be published.
16 CITYSC~ February2000
5;ection 372.13 of the Code mandates that "Within 15 days
following a regular or special meeting of the council, the
clerk shall cause the minutes of the proceedings of the
council, including the total expenditure from each city land,
~t~ be published in a newspaper of general circulation [as
defined in the Code, chapter 618] in the city. The publication
shall include a list of all claims allowed and a summary of all
receipts and shall show the gross amount of the claim."
Q. Are all cilies required to publish the minutes in a newspaper?
A. No. In cities with a population of less than 200 or in cities
where a newspaper is not generally circulated, minutes must
he posted in three public places in the city that have been
permanently designated by ordinance.
In cities with a population greater than one hundred fifty
Ihousand, the council must print a pamphlet monthly that
contains a detailed itemized statement of all receipts and
disbursements of the city and a summary of its proceedings
during the preceding month. Copies must be furnished to the
city library, the daily newspapers of the city and to persons
who ;~pply at the office of the city clerk. This pamphlet shall
consmute publication as required by state law.
Q. Are there any exceptions to the rule of openness?
A. Yes. Governmental bodies are authorized to close a
meeting "only to the extent a closed meeting is necessary" for
certain reasons listed in the Code, section 21.5. Details on
closed meeting procedures will be published in the next
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Iowa Code 2003: Section 21.2 Page I of 1
21.2 Definitions.
As used in this chapter:
1. "Governmental body" means:
a. A board, council, commission or other governing body expressly created by the statutes of this state
or by executive order.
b. A board, council, commission, or other governing body of a political subdivision or tax-supported
district in this state.
c. A multimembered body formally and directly created by one or more boards, councils, commissions,
or other governing bodies subject to paragraphs "a" and "b" of this subsection.
d. Those multimembered bodies to which the state board of regents or a president of a university has
delegated the responsibility for the management and control of the intercollegiate athletic programs at
the state universities.
e. An advisory board, advisory commission, or task force created by the governor or the general
assembly to develop and make recommendations on public policy issues.
f. A nonprofit corporation other than a county or district fair or agricultural society, whose facilities or
indebtedness are supported in whole or in part with property tax revenue and which is licensed to
conduct pari-mutuel wagering pursuant to chapter 99D or a nonprofit corporation which is a successor to
the nonprofit corporation which built the facility.
g. A nonprofit corporation licensed to conduct gambling games pursuant to chapter 99F.
h. 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.
2~8.?~e~ing.!~eans a gathering in person or by electronic means, formal or ~nformal, of a majority of
the members bfa governmental body where there is deliberation or action upon any matter within the
scope of the governmental body's policy-making duties. Meetings shall not include a gathering of
members of a governmental body for purely ministerial or social purposes when there is no discussion
policy or no intent to avoid the purposes of this chapter.
3. "Open session" means a meeting to which all members of the public have access.
http://www.legis.state.ia.us/IACODE/2003/21/2.html 11/14/2003
Meeting fundamentals, part 2 - Closed meetings Page of 3
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Legislative J Workshops I Marketplace I AboutCities I Contact US
Q&A Meeting fundamentals, part 2 - Closed meetings Print Friendly Version
Bidding Requirements
Boards and
Commissions Cityscape, March 2000
Budget/Finance
Cemeteries Q: Are there exceptions to the rule of openness under Code of Iowa Chapter 2'17
Code
Council Procedures
Elections A: Yes. Government bodies are authorized to close a meeting "only to the extent a closed meeting is
Email Lists necessary" for certain reasons listed in Code of Iowa section 21.5. The sections that apply to cities
Employment Law are specifically identified:
Fire Departments
Land Use
a. To discuss records that are required to be kept confidential. The Open Records Law
Library
Notaries (Code Chapter 22) specifically identifies records that are to remain confidential. A city
Nuisances may meet in closed session to discuss these records. In addition, a closed session
Property may also be held to discuss records that are required by different state and federal
Property Tax laws to remain confidential.
Public Records
Publishing C. To discuss strategy with counsel in matters that are presently in litigation or where
Utility litigation is imminent. A closed session may be held to discuss a matter "presently in
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litigation or where litigation is imminent where its disclosure would be likely to
prejudice or disadvantage" the government. Because this topic touches on the issue of
attorney-client privilege, it is important to work closely with your city attorney or the
attorney representing you in the litigation.
d. To discuss license examinations.
A governmental body may need to meet in closed session to discuss the content of
license examinations or to discuss licensee disciplinary actions.
g-h. To discuss law enforcement strategies and investigation. These sections allow a
city to meet in closed session to avoid disclosure of specific law enforcement matters
where disclosure would enable law violators to avoid detection or where disclosure
would facilitate disregard of requirements imposed by law.
i. To evaluate the professional competency of an individual whose appointment, hiring,
performance or discharge is being considered when necessary to prevent needless
and irreparable injury to that individual's reputation and that individual requests a
closed session. This is the most frequently used provision of the law for closing a
meeting. It is important to remember that this closed session must be specifically
requested by the employee and that any decisions are to be made in open session.
j. To discuss purchase of real estate. The preliminary discussion of purchasing a
particular property where the premature disclosure could be expected to increase the
price may be made in closed session. If the issue involves condemnation, the matter is
more correctly considered a litigation matter. This provision also requires that the
minutes and the tape of the closed session be made available for public inspection
http://www.iowaleague.org/Resources/FAQ.aspx?id=24 11/20/03
Meeting fundamentals, part 2 - Closed meetings Page 2 of 3
after the transaction is completed.
Other chapters of the Code specifically allow exemptions to the Open Meetings Law. For example,
the Public Employment Relations Act (Code Chapter 20) requires that the presentation of the initial
bargaining positions of the employer and the bargaining unit be made in open sessions; subsequent
negotiating meetings and strategy sessions are exempt from Open Meetings Law. In addition,
legislation was passed in 1999 allowing governing bodies of any municipal utility to conduct closed
meetings to discuss marketing and pricing information if its competitive position would be harmed by
public disclosure (Code section 388.9).
O: What is the procedure for holding a closed session?
A: 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
exemption under section 21.5 that permits a closed session. Once in closed session, the council
must not discuss any other business or topic that does not directly relate to the 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.
Q: Are there special rules for minutes of closed sessions?
A: The city must tape record and take minutes of the meeting. Both minutes and tapes are required
to be sealed and may not be opened except by order of a coud. The minutes and tape are required
to be kept for at least one year, unless an enforcement action is initiated. In that case, the minutes
and tape must be retained until the litigation is completed. In the case of the purchase of real estate,
the minutes and tape recording must be disclosed when the purchase is finalized.
Q: Can the city council take action on a measure during the closed session?
^: No. The council must return to open session to take final action on a measure discussed in closed
session. The courts have identified certain exceptions. The courts have stated that the council may
give direction to its attorney on the settrement of litigation while in closed session. In any event, it is
important that city officials consult with their city attorney on this matter.
Q: Who can enforce the Open Meetings Law and what is the penalty for violation?
A: Actions to enfome the Open Meetings Law may be brought by any aggrieved person, taxpayer,
citizen of the state of Iowa, the attorney general or a county attorney. Actions to enforce the Open
Meetings Law have been brought by council members, city employees and various media. To bring
a challenge, a party must prove that the city council is a governmentar body subject to Code Chapter
21 and that a closed session was held. The city bears the burden of proving that the meeting was
not in violation. Upon order of the court, the minutes and tape of the closed session may be
unsealed and submitted to the judge for review. Following this private review, the court must decide
whether any portion of the minutes or recording of the minutes will be disclosed to the person
alleging the violation for use in the enforcement action.
City councirs must be aware that a lack of wrongful intent to violate the Open Meetings Law cannot
excuse noncompliance. In addition, ignorance of the law is not a defense. Individual members of the
council may escape liability from a violation if the person voted against going into closed session.
Members of the council also cannot be held liable for violations if they reasonably relied upon a
decision of a court, a formal opinion of the attorney general or the advice of their city attorney. For
this reason, the League strongly urges cities to consult with their city attorney prior to holding a
closed session.
http://www.iowaleague.org/Resources/FAQ.aspx?id=24 11/20/03
Meeting fundamentals, part 2 - Closed meetings Page 3 of 3
Each member who participated in the violation may be assessed damages in the amount of not
more than $500 or less than $100. The members in violation pay this fee to the city. In addition, the
costs and reasonable attorney fees are to be paid to the party who established a violation. If the
body is found to have had a lawful defense for the violation, the fees and costs must be paid from
the city budget. In addition, the court has the authority to void any action taken in the closed session.
http://www.iowaleague.org/Resources/FAQ.aspx?id=24 11/20/03
Table of Contents Open Meetings
,n~doctio. ................................................. ~ Ouestions & Answers
Meetings Generally ............................................ 2
Public Notice and Agendas ..................................... 4 The purpose of this publication is to provide general guidance on
Meeting Procedures and Minutes ................................ § the Iowa Open Meetings Law, Code o£Iowa Chapter 21.This law
Electronic Meetings ........................................... 8 requires meetings of govermental bodies to be open to the public.
Closed Meetings Generally ...................................... 9 Cities often have questions about the applicability of this law to
Notice for Closed Meeting ..................................... 11 day-to-day city business. The information contained here is designed
Closed Meeting Procedures and Minutes ......................... 13 to be general in nature and does not constitute legal advice. If there
are specific legal questions about open meetings requirements, the
Closed Meeting on Personnel Issue .............................. 14 city should contact the city attorney The Iowa Open Meetings Law
Enforcement ................................................ 16 favor ' of the law is
The Iowa League of Cities ..................................... 19 unclear
Meetings Generally A gathering of members of a governmental body for purely ministe-
rialor social purposes when there is no discussion of policy or no
The Iowa Open Meetings Law applies to governmental bodies, intent to avoid the purposes of the open meetings law is not a meet-
including city, county and state government and others, such as some ing.
nonprofits. Governmental body refers to a "board, council, commis- Example: Three councilmembers ora Ave-member ciO' councll attend-
sion or other governing body" The law alsb applies to ~an advisory lng the san~e high school Football game. They do not need to avoid each
board, advisory commission, advisory committee, task force, or other other, but should not get together durlng the game to discuss city busi-
body created by statute or executive order of this state or created by ness, this would constitute a meeting.
an executive order of a political subdivision of this state to develop
and make recommendations on public policy issues." For cities, this Q: A~ committee meet~s that inehcle the mayor and two eoun~
law applies to the city council, as well as entities such as the plan- members suppled to be open meetings?
ning and zoning commission,the board of adjustment, library board This question has to be answered on a case by case basis. Because
and the park and recreation commission, the law applies to bodies 'created by an executive order of a political
A meeting is'a gathering in person or by electronic means, formal or subdivision of this state to develop and make recommendations on
informal, of a majority of the members of a governmental body public policy issues,~ this may include committees established by
where there is deliberation or action upon any matter within the executive order of the council.
scope of the governmental body's policy-making duties." Example.'A ciO' councIl passes an ordinance to establish a budget com-
mittee, cortsistlng oFthe mayor, two council members and the clo'
To have a meeting, a quorum (or majority) of the governing body Finance oFFice~ f t may be argued that this committee would be subject to
must be present and there must be discussion or deliberation on city open meetlngs requirements and an opinion shouldbe sought From the
business. Vacant positions must be included when calculating the cio'attorney on whether or not that is the case.
number of council members that must be present for a quorum.
Examples: £Fa Five-member counciI has two vacancies, it needs a Q: Are w~k sessions or retreats where the council discusses, but
majority oF the Five (ali three current members) to be present in order to does not take any action on items, subject to the open meetings
hold a meeting IFa regular mee~ng is held and only two members ora requirements?
five-member councila~end, the meeOng cannot takeplace, Yes, ff a majority of the council is present and they are discussing or
deliberating on city business. The fact that the council is deliberating
on city policy is enough to make the gathering a meeting, it is not
necessary that they take action or vote.
2 3
Public Notice and Agendas Q.Ca dttesholdmeeth swtthlesstha 24hom-sno'dce?
Yes, ff it is not possible or practicable to give 24 hours notice. The law
Meetings of governmental bodies must be preceded by public notice, requires as much notice as possible. If an emergency situation
Public notice is given by delivering a copy of the public notice to requires a meeting with less than 24 hours notice, give as much
those in the media who have requested it and by posting the public notice as can be given, but in any event, give at least some notice. The
notice in a prominent place in the city office. Many cities post notice city must justify its reason for not giving proper notice in the rain-
on a bulletin board in city hall or on the door. If the city does not utes of the meeting. The city must also justify its action if it holds a
have a city hall, they can post notice in the building where the meet- meeting at a place not reasonably accessible or at a time not reason-
lng will be held. ably convenient to the public.
Example:A levee breaks and the city is bcing flooded, the council may
Public notice must give: need to have an emergency meetlng to hire a contractor to come in and
· time, date and place of the meeting repair the levee immediately. The minutes of the meea'ngneed to
· the tentative agenda for the meeting explain why the councilheldameetingwithoutproviding 24hours
notice.
Public notice must be given at least 24 hours prior to the meeting.
Q. Can the council amend the agenda once the council meeUng has
Q: When posting the agenda, what needs to be listed and In how started?
much detail? It is not advisable to amend the agenda after a council meeting has
The agenda should list the items the council intends to discuss and started.The council shall provide 24 hours notice to the public on
intends to act upon.There is no clear definition on what is enough what will be discussed at the meeting. If an item is added to the
information, therefore, ff in doubt, give more rather than less infor- agenda less than 24 hours prior to a meeting or at a meeting, the
marion. Whether or not the detail provided in a tentative agenda is public may contend that proper notice was not given.
sufficient must be viewed in the context of surmunding events, Example.'During thepublic forum, a citizen complains about doffs
therefore exhaustive detail is not required, running at large and su~ests the council pass an ordinance at that
Example:An agenda item of'water ~rnay not be enough information to meeting to address the problem. The mayor orpresiding officer should
tell the public that the ceuncil will be discussing an amendment to an defer the discussion and action to the next council meeting or suggest a
ordinance increasing water ra res. On the other hand, it is not necessary special meeting be called if there is an immediate need to address the
for the agenda to include the wording of the entire ordinance, issue. It is not a good idea to move fozward with discussion and action
on an item that was not on the agenda.
4 5
Meeting Procedures and q:l e .t lav, to record vote of each cou ]
Do~ thl~ mean a wll call vote is requi~t on each action of the
Minutes
~e ~mcedure to reco~ the ~te of each member is to el~er t~e a
A m~Qn8 occurs when a majority oft~e counc~ 8~ers to dis~ roll c~l vote or to dete~ne each member~ vote ~ some other m~-
city business. [fa quo~m of members of the 8over~8 body is not net. ~e method is not ~ c~JtJc~ as the fa~ that each councg mere-
present, a m~ ca~ot be he]d. Mo~ city attorneys a]so feel ~e ~r~ vote is recorded.
requirement for a quorum ~ e~ended to public he~gs. Example,' ~me clties may use ~ el~Fonic voa~g system &at ~o~s
each councll mem~r~ wte, ~me ma~ or clerks may ~ adept at
Q: ~ a ~ ~ ~ ~ ~ ~ p~ at a ~ ~ picking up on how each councilmem~r vot~ durlng a ~gul~ voi~
~ ~ ~ ~ ~ ~ ~ ~ ~ ~e d~ ~ ~ ~ote or may ~u~t ~at counci]mem~ ~1~ ~eir h~ds to wte.
~a~y?
Al~ough ~ate 1~ d~s not explicitly pro.bit pro~ vo~g, it is not Q. ~ d~m ~ ~ ~ ~ to ~ ~ a ~ ~ ~
ad.sable for a council mem~r to vote by pro~ ~nding in a vote d~ M~ ~ ~ ~ ~b~c a~ a ~ m~?
~d not pa~cip~g ~ ~e discu~ion at a meg~g denies ~e pub- ~e public c~ u~ cmeras or reco~g equipment to t~e ph~os,
lic acce~ to what~r i~o~a~on or discussion led a council mem- m~es, reco~ings, etc. of any open session. Al~ough m~y cities
~r to vote in a ce~n ~y Addition~l~ had a council mem~r provide Qme for public ~put, it ~ not a r~u~ement of coundl
a~ended ~e m~g ~ey m~ ha~ b~n presented ~th ~o~a- m~ngs, It is ad.sable to pr~ide a Qme for public comment ~
Qon that ~uld h~ caused ~em to vote d~erently order to all~ cicero to gi~ feedback ~d have input ~ ~e~ city
Ex. pie; Council mem~r Sml~ will not a~end ~e councl] m~ting g~erment.~ere ~e specffic situaQons ~at requ~e the city to
but tells councllmem~r Jones &at &e clty clerk should~ord ~mi& as hold a public hearing ~rior to adoption of ~e budget, for ex.pie).
a ~ay"~ote for &e ~ater mte ord~an~. Thepublic was notprivy to ~e purpo~ of a public he~ing is to solidt public ~put on ~e pro-
any di~u~ion or i~ormatlon ~at 1~ Smi& to vote %ay ~ so ~is may posed a~ion, so receiving public coment ~ a requ~emem. Cities
~p~bIematlc under ~e ~ui~men~ for o~n m~tlngs, can m~e rules of condu~ for the~ meetings to ensure ~e me~ings
~e o~erlf The m~or or presiding officer is responsible for e~orc-
~g ~ese roles.
Ex~pIe:A c1~ might offer a ~ubllc comment '~enda item ~d #mit
ea~ pe~on to five minutes, ~uest ~at Dey state ~elr name and
add~. etc.
6 7
Electronic Meetings Closed Meetings Generally
A city can hold a meeting by electronic means if it is either impossi- A closed meeting is a meeting of a governmental body that is closed
ble or impractical for a council member to attend in person and only to public access, meaning that neither the general public nor the
if it complies with all of the following rules: press can be present at that meeting. A city council or other body
· Public access to the conversation of the meeting has been pro- can close a meeting only for very specific reasons described in law,
vided to the extent reasonably possible, The low favors openness so before closing any meeting, the city
· Minutes are kept of the meeting and explain why a meeting in should consult the city attorney
person was impossible or impractical.
ExampIe: On a five-member council, one city council member is out of The Code Section g 1.5 allows for ten reasons to hold closed sessions.
town on business, one council member is ill and the council has one Some of the common reasons used by cities include: to review or dis-
vacant seat The ciO' caanot hold a meeting wltbout a quorum and they cuss records which are required or authorized by state or federal law
need to meet so they can conduct ciO'business. In order to have a quo- to be kept confidential, to discuss strategy with counsel in matters
rum, the council member that is out of town calls in and participates in that are presently in litigation or where litigation is imminent, spe-
the meetl~g vla speakerphone. The minutes must explaln why it was cific low enforcement matters.
necessary to hoId tbls meetlng eleetronlcal]~
Cities can also close a meeting to discuss the purchase of particular
Q: When council members communicate with each other by ematl, real estate only where premature disclosure could be reasonably
is that considered a meeting? expected to increase the price the governmental body would have to
if a majority of council members are simultaneously communicat- pay for that properS. The qualification with this exemption is that
lng electronically about city business, a person may challenge that the minutes and the tape recording of a session closed under this
they are actually conducting a meeting and therefore violating the paragraph need to be available for public examination when the
open meetings low if the meeting was not announced and open to transaction discussed is completed.
the public. City officials need to be very cautious engaging in elec-
tronic communications, whether that be by phone or email. The most common reason cities hold a closed meeting is to evaluate
the professional competency of an individual whose appointment,
hiring, performance or discharge is being considered when necessary
to prevent needless and irreparable injury to that individual's repu-
tation and that individual requests a closed session.
8 9
Q: Amthemanymeetlngsofagovemmentalbodythatam~a~npt Notice for Closed Meeting
from the open meetings ~lulrements? The meeting must begin in open session with a call to order and a
Yes. A meeting to discuss strategy in matters relating to employment roll cull. In order to go into closed session, there must be a motion to
conditions of employees of the governmentul body who are not coy- hold a closed session that is approved by two-thirds of the members
ered by a collective bargaining agreement under Code Chapter Z0.A or all those present.The minutes must record the votes of individual
city considering holding a meeting of this sort should seek the guid- council members on the question of holding a closed session. In
ance of the city attorney
addition,the motion and minutes must state the exemption under
Note: This exemption is only for the purpose of discussing strategy. Code Section 21.5 that permits a closed session.
Therefore, action involving employment conditions must be taken at
a meeting that complies with the open meetings requirements. For No business can be discussed during the closed session that does not
this purpose,'employment conditions" means areas included in the directly relate to the specific reason for the closed session.
scope of negotiations listed in Code Section 20.9.
Examples,'fnsurance, holidays, leaves of absence, shit2 dilTe~ntials, Upon completion of the closed session, a motion and vote must be
overtime compensation, suppIementalpay and senioriO,, taken to end the closed session and return to open session. Final
action must be taken in open session.
Q. Do~ the city clerk have to be present during a clo~*d session t~
take minutes? Q: Does a do~cl session have to be listed on the governing body's
No. If the clerk is not present, the governing body must appoint agenda?
someone to perform this function. Generally, yes. The legislative intent underlying the Iowa Open
Meetings Law is that this law should be construed or applied in favor
Q: Can persons other than members of tbe governing body be pres- of openness. Therefore, ff a closed session is anticipated, the fact that
ent during a dosed ~J~n? there is to be such a session should be made known by setting forth
Yes, provided that governing body authorizes their presence, the topic for the closed session and the fact that a closed session will
be held on the agenda.
Q: Do persom other than members of the governing bedy have an
absolute right to be present at a dosed s~sion?
No.
10 11
Q: thego, . Closed Meeting Procedures
body's ag~da?
No. If, during an open meeting, a topic comes up which may be con- a n d M i nutes
sidered during a closed session and which could not reasonably have
been anticipated at the time notice of the agenda was given, then it When holding a closed session the governmental body must keep the
would be appropriate to proceed to closed session from the open following:
meeting. · Detailed, written minutes of ail 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 whtch wlll n~ult In the sealed detailed
minutes and the tape recording of a closed session becoming
Yes, but only ff 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 balance 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.
13
Q: Ifan'~-'mberofa~°verningbodyisabsentandtbesoverning ~: CanJobintorviewsbeconducteddurin~adesedsession?
body holds a dosed session, can that member listen to the tape Yes. However, the person being interviewed must request the closed
recording of the dosed session? session.
Yes. The member who is absent still remains a member of the gov- Exataple: The cio'plans to hire a city adminlstratoc The ciO'has nar-
erning body. The member has a right to be informed of discussion rowed thelr llst of candidates to three the), plan to interview,. The cio'
and action that occurred during his or her absence. The fact that the ma)' alert the candidates ofthelr option for a closed session. If the can-
detailed minutes and tape recording of a closed session are not open dldate requests a closed sesslon for the intergiew, the clt), could proceed
to public inspection does not preclude a person who would otherwise with a closedsesslon.
have been privy to such records except for an absence from later lis-
tening to the tape or reviewing the minutes. (~: When a cloe~d session IS held to discuss employment issues
Involving a specific employee, ts the employee ~*ClUtred to be pres-
ent during the session?
G Iose d M eeti n g o n Person n el Not all attorneys agree whether or not the employee requesting a
closed session needs to attend the closed session, so if a city is pre-
[ SS [J e sented with this situation, they should seek the guidance of the city
attorney.
One of the most common reasons cities hold closed meetings is to
discuss a person's appointment, discharge and performance. In order Q: Can a closed s~r~on be held to discuss ~l~ries In g~neral for the
to hold a closed session for this reason, the person who is being dis- upcontlng y~ar?
cussed must request a closed session. The city may want to alert the No. There is no express authority in the Iowa Open Meetings Law
person of this privilege or the individual might unknowingly waive for such action. Therefore, under the policy prescribed by the Iowa
their opportunity for a closed session, legislature, this matter must be resolved in favor of openness.
Q: If a person who may request a dot~cl session In fact makes such
a request, must the ~luest be granted?.
No. The law provides that a governing body may hold a closed ses-
sion for certain specific purposes. It does not require that such a ses-
sion be held.
14 15
£ n[orce m e nt if a member of the governing body has engaged in two prior viola-
tions of the open meetings requirements for which damages were
The courts enforce the Iowa Opening Meetings Law Any aggrieved assessed during the member's term, the court must issue an order
person, the attorney general or the county attorney can bring a law- removing the member from office.
suit to enforce this law. It is up to the city to prove they complied
with the la~ The court may also issue a mandatory injunction, punishable by
civil contempt, ordering the member of the governing body to
Q: What happens if the court finds that there has been a violation refrain from any future violations of the open meetings require-
of the open meetings requirements? ments for one year.
The court must assess each member of the governing body that par-
ticipated in the violation an amount not more than $500 and not Q: Can a person charged with a viohtion of the Iowa Open
less than $100. Each such member must be ordered by the court to Meetings Law claim they did not know the provisions of the law?
pay all costs and reasonable attorney fees to the party who success- No, ignorance of the law is not a defense.
fully established a violation of the lavt
Q: What are the defellses against being held individTlal~ liable for
The court must void any action taken in violation of the law ff the violations of this law?
lawsuit for enforcement is brought within six months of the viola- 1.Voting against the closed session. This demonstrates the impor-
tion and if the court fmds that the public interest in enforcing the tance of recording the vote of each council memben
policy of the Iowa Open Meetings Law outweighs the public interest 2. Had good reason to believe and in good faith believed facts which,
in sustaining the validity of the action taken in the closed session, if tree, would have indicated compliance with all the requirements
The court cannot, however, void the issuance of bonds or other evi- of this chapter.
dence of indebtedness of a govemmental body ff a public hearing, 3. Reasonably relied upon a decision of a court or a formal opinion
election or public sale has been held regarding the bonds or evidence of the attorney general or the city attornejc This demonstrates that
of indebtedness, cities need to obtain a written opinion from the city attorney before
holding any closed session.
16 17
Iowa League of Cities
Yes. The appropriate commissioner of elections must provide this The Iowa League of Cities is a nonprofit association of city govern-
information to the elected members of governmental bodies. Also, ments in Iowa. The League provides a variety of informational
the authority that appoints members of §overning bodies must pro- resources to its members.
vide this information.
Example: The counO/ auditor must provide this information to mayors Municipal Leadership Academy (MLA)
and city council members. And, when city councils make apt~ointrnents Tailored to newly elected officials, the League's Municipal
to boards or cormnissions or to fill a vacancy on the council, they must Leadership Academy prepares attendees for participation in city
*ppointees. 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,wwwiowaleague, org, is an excellent resource
for cities. It contains legislative information, frequently asked ques-
tions, a database of grants, a calendar of events, workshop informa-
tion and League publications. Contact information for League staff
and links to state agencies, the Code o[]'owa and other useful sites
are also included,
T~chnlcal Assistance
Once a city official takes office, the Iowa League of Cities will pro-
vide assistance by answering questions and providing information.
Membership services staff is available to answer questions from
cities of all sizes facing a variety of challenges.
18 19
O~go~ Tr~,~n~
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 annual con-
ference offering the most current, relevant infolTaation to city offi-
cials.
League staff advocates city policy positions to members of the Iowa
Legislature, and monitors federal issues. City officials should partici
pate 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 email
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.
The League provides a variety of pubgcations to cities. Cityscapeis a
monthly magazine with articles designed to inform and educate city
officials. During the legislative session, the League publishes a
biweekly Leglslative Bulletin. A biennial directory of cities in Iowa, a
municipal salary and benefits survey and an annual report are also
available to member cities.
20
City of Iowa City
MEMORANDUM
DATE: March 13, 2002 ~j~
TO: City Council
FROM: Eleanor M. Dilkes, City Attorne
RE: Advice Concerning Council E-Mail Communications
My advice regarding your e-mail communications is given in consideration of the
following:
1. Communications via e-mail to or from the City Council or a member or members
of the City Council may be public records subject to disclosure.
2. E-mail communications between members of the City Council raise issues under
the State's open meetings law,
3. City equipment should be used for city, not personal business.
My advice is as follows:
A. A city-owned computer and e-mail address will be provided to each Council
member to be used for city-related business only and the City will provide and service
only that equipment. As I understand it the equipment available to a council member is
as follows:
Dell (or similar) Laptop computer loaded with:
- Operating System (Windows 2000 PRO or similar)
Productivity Software (Microsoft Word 97, PowerPoint 97, Excel 97, and
Outlook 98
- Adobe Acrobat Reader Version 4.0
LaserFiche Notebook Version 5.0 (electronic packet software package)
CD Copy (for use with LaserFiche)
- E-Mail Address
Printer (Hewlett Packard 890 or similar)
Printer Cable Connection
Printer Cartridge
Miscellaneous equipment/software if requested:
WinFax Pro Version 10.0
External Super Disk (Addonics Pocket SuperDisk 240)
March 13, 2002
Page 2
B. Only the city e-mail address will be disseminated by the City (e.g. on directories,
business cards, etc.)
C. Council members should confine their city-related business to the computer and
e-mail address provided by the City.
D. Council members should avoid providing any personal/private e-mail address for
city-related business or encouraging its use for city-related business.
E. Council members replies to e-mails should advise the senders that their e-mail
communications and Council's reply to those communications may be public information.
F. You are discouraged from using e-mail to communicate with each other in any
manner whereby a majodty of you are discussing an item at the same time. To
determine whether a violation of the open meetings law has occurred any occurrence
would have to be examined on its own facts. However, due to the instantaneous nature
of e-mail communication use of e-mail to communicate among yourselves is
problematic.
G. If an individual Council member chooses to reply to an e-mail sent to the Council,
a copy of the reply should be provided to the City Clerk for dissemination to the entire
Council.
H. You are reminded that the hardware and software are owned by the City. They
are not your private property. You should not consider any communication via the
system to be personal and/or private. See attached City policy.
I will be available to answer questions at your work session on March 18.
cc: Steve Atkins, City Manager
Dale Helling, Assistant City Manager
Marian Karr, City Clerk
Gary Cohn, Information Services Coordinator
Colin Hennessey, Information Technology Services Consultant
elea nor/mem/cou ncilemail.doc
, ---'Email Policy Page 1 of 2
CITY OF IOWA CITY
INTERNET/INTRANET/ELECTRONIC MAIL POLICY
Last Updated: May 25, 1999
The following represents a policy regarding access to and disclosure of activity conducted on the City's
internetJintranetJelectronic mail system.
1. The City owns and maintains an internetJintranetJelectronic mail system hereafter referred to as "system."
This system is provided by the City for the purpose of conducting City business.
2. The system hardware and software are owned by the City and as such are City property. Additionally, all
messages composed, sent, or received on the system are and remain the property of the City. They are
not the private property of any employee, and employees should not consider any communication via the
system confidential, personal, and/or private.
3. The use of the system is for the conduct of City business. Personal business or other non-job related
activities should be minimized. Supervisors may further limit or restrict personal use.
4. The system shall not be used to solicit or persuade for commercial ventures, religious or political causes,
outside organizations or other non-job-related solicitations, except for items posted to the City's intranet
bulletin board (bulletin board guidelines and regulations are explained at the bulletin board site).
5. The system shall not be used to send (upload) or receive (download) copyrighted materials, trade secrets,
proprietary financial information, or similar materials without specific prior authorization.
6. The system shall not be used to create or retrieve any offensive or disruptive messages or files. Among
those which are considered offensive are any messages or files that contain any comment that offensively
addresses someone's age, color, creed, disability, gender identity, marital status, national origin, race,
religion, sex, or sexual orientation.
7. The confidentiality of any activity or message should not be assumed or expected. Deleting a message
may not fully eliminate the message from the system. Fur[her, the use of passwords for security does not
guarantee confidentiality. The system automatically records information such as origin, destination,
content, and amount of time used. The City Manager or designee may direct Information Services staff to
monitor sites accessed. The City Manager or designee also reserves the dght to access, review, and audit
all messages and files created, received, or sent over the system for any purpose, even after said
message or file is deleted. The contents of any electronic mail or file may be disclosed without the
permission or prior notification of the employee who sent or received the message or created the file. The
City is not responsible if "hackers" retrieve, and make public, employee system activity. Thus, privileged
or confidential material shall not be communicated via the system due to potential monitoring.
8. Employees shall not use a code, access another employee's messages or files, or retdeve or modify any
stored information, unless authorized to do so by a supervisor. All computer pass codes must be provided
to supervisors upon request.
I have read the Intemet/IntranetJElectronic Mail Policy and agree to abide by the terms and conditions listed
above. I understand the system is a privilege, not a right, and that if I violate this policy or attempt to use the
system for improper purposes, I shall be subject to discipline, up to and including discharge.
Employee Name (print) Employee Signature Date Employee Department
You can either pdnt this page, or download the Microsoft Word 6.0/95 version of this document
here.
http://www.civic.iowa-city.org/policy/policy_mail.htm 3/12/2002
Council Activities
October 3, 1989
Page 7
Moved by Larson, seconded by Horowitz, that the correspondence from Ms. Edwards be
accepted. The Mayor declared the motion carried unanimously, 7/0, all Councilmen~bers
present.
The Mayor announced the following vacancy: Senior Center Commission - one vacancy
for an unexpired term ending 12/31/91. This appointment will be made at the 11/1'~,/89, Couhcil
meeting.
Moved by Ambrisco, seconded by Horowitz, to re-appoint D. Roger Brunet, 3016 Raven
Street and Loren Horton, 3367 Hanover Ct., to the Riverfront Commission for three-year terms
ending 12/1/92. The Mayor declared the motion carried unanimously, 7/0, all'Councilmembers
present.
Courtney noted a recent letter to the editor in the Press-Citizen regarding housing
discrimination and asked what avenues people had who wished to follow-up. The. City
Manager explained that individuals could pursue such claims through HUD'or through the
City's Human Rights Ordinance, noting that our ordinance was stronger than the HUD
regulations. Courtney asked that information be distributed through our Leased Housing
Program. Courtney announced that the Convention and Visitors Bureau had hired a new
Executive Director, Wendy Roe, and urged even/one to stop by during a reception in her honor
on 10/12. Horowitz reminded everyone that Saturday, 10/14, is Toxic Clean-Up Day in Iowa
City and encouraged even/one to participate. Any questions should be addressed to the
Johnson County Health Department. Kubby noted the event was due to the persistence of the
Health Department and Environmental Advocates. Horowitz Said the League of Women Voters
will sponsor a legislative forum at the Senior Center from 5:00 to 7:30 on 10/4. Ambrisco
noted a recent speech by University President Hunter Rawlings concerning a more pedestrian
campus and questioned if the proposal involved the closing of the Iowa 'Avenue bridge.
McDonald stated the proposal did not include closing the bridge and tl'tat speech cen{ered
around long range goals and a general overview of ideas. He felt the City would have an
ample opportunity to discuss these ideas with the University. The City Manager .stated that a
joint committee has not been formulated to date but that the Fire Department and ?ublic Works
Department had reviewed the proposal. Larson praised the efforts of staff.rind the owners of
the Cliff Apartments on continuing to address the problem of erosion behind the apartments.
Larson stated he was impressed with their plans and noted that the completion of .~e r pans
will not be hindered by the end of the construction season. Kubby noted the success of the
recycling program within the City offices and urged the University to get ~lved;
The Mayor noted the recommendation from the City Council Rules Committee that the
proposed by-taws as presented by the Design Review Committee be adopted. Staffmember
Patt Cain stated that it was important that the Committee establish by-laws and that they would
be coming back to Council with changes after the Committee had an opportunity to address
certain issues. One item that will be looked at would be the question of indefinite:~terms of
members. Moved by Ambriso, seconded by Horowitz, to approve the recommendation of the
City Coun(~il Rules Committee that the Council adopt a policy that an}, Councilmember Who
.utilizes City Stationery for correspondence purposes copy the Council, and that any
correspondence that infers to reflect the entire mood of the entire Council'be signed b_y the
.Mayor.
City of Iowa City
MEMORANDUM
Date: November 19, 2003
To: City Council and Council Elect /,~ ~ ,~,
From: Eleanor M. Dilkes, City Attorney
Re: Types of Measures and Voting Procedure
This memo will summarize the types of measures addressed by the City Council and
voting procedures.
1. Motion vs. resolution vs. ordinance. Attached you will find an August 2000 article in
Cityscape, a publication of the Iowa League of Cities, which discusses the differences
between motions, resolutions, and ordinances.
2. General passage requirements.
a. Simple majority
i. Motion requires a majority of the quorum
ii. Resolutions and ordinances require a majority of "members of Council."
"Members of Council" includes all members of the Council (including
vacant seats and seats where the member is absent) but does not
include a seat where the Council member declines to vote by reason of
a conflict of interest. A Council member's statement that he or she
declines to vote by reason of a conflict of interest is conclusive.
b. Ordinances require three readings. Ordinances must be voted on at three
meetings unless this requirement is suspended (i.e. readings are "collapsed") by
vote of three-quarters of "members of council"
c. Supermajority or extraordinary majority votes are sometimes imposed by statute
(e.g., protested zoning per Iowa Code §414.5 requires three-quarters of the
members of Council; Iowa Code §21.5 requires two-thirds of the members of
Council or all present to close a meeting; §380.3 requires three-quarters of the
members of Council to collapse ordinance readings.
d. City Council Resolution No. 00-117 dated March 21, 2000 adopts a standing rule
regarding the effect of a Council member's abstention when not required by a
conflict. The resolution is attached and provides that an abstention for reasons
other than a conflict of interest is deemed a vote with the majority or, in cases of a
tie vote, a vote in the affirmative.
3. Rules of procedure. Per City Code 1-5-6, Robert's Rules of parliamentary procedure
govern sessions of the City Council in all cases where they are applicable and not
inconsistent with the standing roles of the Council.
Attachment
cc: Steve Atkins
Dale Helling
Marian Karr
How to use motions, resolutions and ordinances
Q: What is the difference between u meeting. Motions require a majority and the whole process must start over.
motion, a resolution and an ordinance? vote of the quorum at the meeting to If the council makes substantive
A: A motion states that the council pass. For example, if the city has five changes to an ordinance or amendment
intends to take specific action on a council seats, but one is vacant and one on any consideration, it is recom-
routine mutter. It is a statement of is absent from the meeting, two mended that the council start the
direction rather than a statement of affirmative votes from the three process over so the public has a clear
policy. Motions are used to handle members present will pass a motion, understanding of the law being passed
routine business of the city at council For resolutions, ordinances and by the council. All official council action
meetings and are recorded in the amendments, affirmative votes on measures must be recorded in the
minutes. Actions typically addressed by representing a majority of the total minutes. Code Chapter 21, the Open
a motion include approval of the number of seats on the council are Meetings Law, requires that enough
minutes, claims, licenses, permits and required for passage. For example, if a information be included in the minutes
giving direction to city staff on a city council has five seats, but one seat so the public can determine how each
particular issue, is vacant and another person is absent council member voted.
A resolution is a statement of policy from a meeting, all three of the
(2: Do council actions take effect
that has an impact beyond the remaining council members attending immediately?
immediate circumstances and which is the meeting must vote for a resolution,
best preserved in written form. ordinance or amendment in order for it A: A motion does not need to be signed
Examples include setting council rules to pass. by the mayor and becomes effective
and procedures, setting wages and However, there could be an occasion immediately. A resolution becomes
salaries, establishing rules of conduct where a resolution or ordinance passes effective after the mayor signs it.
for public hearings and establishing without a majority vote of the total Ordinances and amendments take
effect after they have been signed by the
investment and other financial policies, membem. For example, in the event of
A resolution may also be used for a justified conflict of interest by two ofmayor and have been published, unless
official statements of the council when the five council members, a matter a subsequent effective date is provided.
the use of an ordinance would not be could pass on a vote of two to one. The If the mayor does not sign or does not
-ppropriate. In certain cases, the vote is calculated on the basis of the veto a resolution, ordinance or amend-
.~assage of a resolution is required by number of council membem not ment, a resolution becomes effective 14
statute. Examples include entering into disqualified by reason of conflict of days after passage and an ordinance or
contracts, approval of the city budget, interest, amendment becomes effective after 14
setting up special assessments, accept- Motions and resolutions can be days and publication, unless a
ina audit and financial reports and passed with a majority of votes at one subsequent effective date is provided.
purchasing and selling property. A meeting. Ordinances and amendments Q: What veto authority do$~ the mayor
resolution must be passed to spend to ordinances must be passed by the have?
public funds in excess of $25,000 on any majority at three council meetings A: The mayor has no veto authority
one project or to accept public before becoming final. However, under over a motion, but the mayor can veto a
improvements and facilities upon their Code oflowa Section 380.3, if at least resolution, ordinance or amendment
completion. Resolutions are usually three-fourths of the council seats vote within 14 days after passage.
numbered and kept in a special to suspend this requirement, it may pass The majority of cities in Iowa operate
resolution book. in one or two meetings, under the mayor-council form of
An ordinance is a city law of a If the ordinance or amendment fails government with an odd number of
general or permanent nature. It is the to pass at any consideration, the council members. Under this form of
most authoritative act the council can ordinance or amendment is defeated government, the mayor never votes, not
perform. An ordinance passed in even in the event of a tie vote. Under
proper form and not in conflict with any those forms of government where the
state or federal law has the same force we holp our cllonB mayor does vote, he or she may not veto
as a state law within city limits. Because capitalize on a resolution, ordinance or amendment
they are the city laws, ordinances opportuniflos ond upon which he or she was entitled to
should be kept in the city code book. mlnlmlzo I[obllitles. vote on at the time of passage. The
Ordinances cover all areas of municipal mayor is required to give the council a
a.uthority from setting speed limits on ^v~r~m · ccrrva~,c~ written explanation of the reasons for
c~ty streets to establishing water and ~tnutk,noVC-o~rnr~ the veto at the time of the veto. Within
sewer rates, m~a · ~ 30 days after the veto, the council may
Q: Do the requirements for passing u repass the resolution, ordinance or
amendment with a two-thirds vote of
otion, resolution or ordinance differ?
A: Yes. In order for any action to be k~" I ~[~?,~,.~'J'~ the council. For example, if the city has
a five-member council, four votes are
taken on an issue, the item must be on needed to override; on a seven-member
the tentative agenda posted prior to the ,.s~,~~.~,~ council, five votes are needed. ·
CIIYSCAI~E August2000 7
Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 00-!17 ,
RESOLUTION ADOPTING A STANDING RULE REGARDING THE EFFECT OF
A cOUNCIL MEMBER'S ABSTENTION WHEN NOT REQUIRED BY A
CONFLICT OF INTEREST.
WHEREAS, pursuant to Section 380.4 of the State Code, in the absence of a conflict of interest a
Council member who abstains is included for purposes of determining whether a measure has
passed; and
WHEREAS, legal significance or effect must be given to a Council Member's abstention when the
abstention is not required by a conflict of interest in order to p.revent frustration or abuse of the
legislative process; and
WHEREAS, in order to assure that a Council Member must vote "no" in order to defeat a measure
and may not do so by inaction, the City Council desires to adopt a standing rule that abstentions
not due to a stated conflict of interest shall be deemed to be a vote with the majority or, in ceses
of a tie vote, a vote in the affirmative.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF IOWA CITY,
IOWA, THAT:
1. The City Council of the City of Iowa City hereby adopts a standing rule that an abstention for
reasons other than a conflict of interest shall be deemed a vote with the majority or, in cases
of a tie vote, a vote in the affirmative. For purposes of this rule, the statement of a Council
Member that the Council Member declines to vote by reason of a conflict of interest is
conclusive.
Passed and approved this 21st dayof March ,, 20 00 ·
CI-I'Y~LERK City Attorney's Office
City of Iowa City
MEMORANDUM
DATE: April 19, 2001
TO: Mayor and City Council
FROM: Marian K. Karr, City Clerk ~x~
RE: Planning and Zoning Consultation Policy
At the request of Council I am forwarding a copy of the 1984 resolution establishing a
consultation policy for the City Council and the Planning and Zoning Commission.
Cc: City Manager
City Attorney
RESOLUTION NO: 84-39
.RESOLUTION ESTABLISHING A. CONSULTATION POLICY FOR THE CITY COUNCIL
AND THE PLANNING AND ZONING CO~MISSION
WHEREAS~ the City Council of Iowa City receives on a regular basis recomnen-
dations from the Iowa City Planning and Zoning Commission; and --
WHEREAS, the City Council may from time to time reach a different conclusion
from that reconmended by'the Planning and Zoning Commission; and
WHEREAS, the City Council believes that the best interest of Iowa City is
served by a complete and open discussion and a full understanding of the
Commission's reconmendation on any issue, prior to final action being taken
by the Councilj
NOW, THEREFORE, BE IT RESOLVED, that:
In those instances in which the City Council has reached an informal consen-
sus on a planning or zoning matter which is contrary to the recommendation of
the Planning and Zoning Comnission, the City Council will defer formal action
on that matter Until a discussion has taken place between the Council and
representatives of the Planning and Zoning Comnission.
It was moved by Dickson and seconded by Strait
__ the Resolution be adopted, and upon roll call there were:
AYES: HAYS: ABSENT:
X Ambnisco '
X Baker
× Oickson
× Erdahl
× --' McDonald
× -- Strait
X -- Zuber
Passed and approved this 28th day of Feb~y , 1984J
A1TEST: /~~ ~,-~u~) CIT~ CLERK
Received & Appto~e~
Sy ~he Legal Depad, me?t
City of Iowa City
MEMORANDUM
Date: December 1, 2003
To: City Council and Council Elect . J
From: Eleanor M. Dilkes, City Attorney('~,j~''
Re: Council Committees (Revised)
Attached you will find my memo to Council dated February 9, 2000 which addresses the
subject of when a subcommittee of the Council is a "governmental body" subject to the
Iowa Open Meetings law. Currently, the Council has the following "committees":
Convention and Visitors Bureau (1 member); Emergency Management Committee (1
member); JCCOG (6 members plus 1 alternate); Student Senate Committee (2 members);
Rules Committee (2 members); Economic Development Committee (3 members).
Both the Rules Committee and the Economic Development Committee are and have been
treated as a "governmental body" and open meetings are held. JCCOG is a governmental
body and complies with the open meetings law. The "committees" of one for Convention
and Visitors Bureau and Emergency Management are more appropriately called
representatives of the Council and do not create an open meetings issue (i.e. Council's
sending of a representative to another body's meeting does not make that body a
"governmental body"). Finally, the Council (at its work session of February 14, 2000) has
stated that the purpose of the Student Senate subcommittee is only to gather information
and bring it back to Council. Accordingly, it currently is not subject to the Open Meetings
law.
cc: Steve Atkins
Dale Helling
Marian Karr
City of Iowa City
MEMORANDUM
Date: February 9, 2000
To: City Council ,~
From: Eleanor M. Dilkes, City Attorne~~J'
Re: Council Committees
There has been some confusion of late as to when a committee appointed by Council is subject to the Iowa Open
Meetings Law.
If the Council (as opposed to say the Mayor, or the City Manager) creates an advisory committee, including a
committee made up of members of the Council, that committee is a "governmental body" and therefore subject to the
Iowa Open Meetings Law (i.e. notice, minutes, open to the public, executive sessions, etc.), i_f the purpose of the
committee is "to develop and make recommendations on pubhc poi cy 'ssues." Iowa Code Section 21.2(h); Op. Atty.
Genr'l. November 18, 1993. If the committea is not charged with making a recommendation to Council, i.e. it does not
have a policy-making function, it is not a governmental body. For example, "a task force created to measure the
extent of a problem and deliver raw data [to the Council] would not be covered because it would not be charged with
recommending any particular course of action'. 11/18/93 Op. Atty. Genr'l. at p.64.
So, for example, if the legislative committee created by the Council is simply charged with gathering information on
state legislation and reporting back to the Council about such legislation it is not a "governmental body". If, on the
other hand, it is charged with developing a legislative "agenda" and recommending the same to Council, it is a
governmental body and its meetings must be open.
At your organizational meeting you created the following "committees":
Convention and Visitor's Bureau (1 member)
Legislative Committee (3 members)
Emergency Management Committee (1 member)
JCCOG (6 members + Mayor as alternate)
Student Senate (2 members)
Rules Committee (2 members)
The Rules Committee is and has been treated as a "governmental body" and open meetings are held. JCCOG is a
governmental body and complies with the Open Meetings law. The "committees" of 1 for Convention and Visitor's
Bureau and Emergency Management are more appropriately called representatives of the Council and do not create
an open meetings issue (i.e. Council's sending of a representative to another body's meeting does not make that
body a "governmental body").
You need to decide what the functions of the Legislative and Student Senate committees are. If you wish to leave
either committee in place and give it a policy-making function, it must have open meetings.
This issue will be on your work session agenda for February 14. Any action necessary as a result of your informal
discussion will be scheduled for the next formal Council meeting.
cc: Steve Atkins
Dale Helling
Madan Kart
Assistant City Attorneys
Elean or,me m\govebody.doc
City of Iowa City
MEMORANDUM
Date: November 19, 2003
To: Cit ~cil and Council Elect A
From: City Attorney ~
Re: Council
Attached you will find my to Council dated February 9,
subject of when a subcc of the Council is a body" subject to the
Iowa Open Meetings law. ntly, the Council has following "committees":
Convention and Visitors Bureau ~ember); ement Committee (1
member); JCCOG (6 members alternate); Student Senate
Committee (2 members); Rules Cc
The Rules Committee is and has been as a "governmental body" and open
meetings are held. JCCOG is a governmenta and complies with the open meetings
law. The "committees" of one for Visitors Bureau and Emergency
Management are more appropriately ~tatives of the Council and do not
create an open meetings issue (i.e. 3uncil's sen( of a representative to another
body's meeting does not make that body"). Finally, the Council (at
its work session of February 14, has stated that Senate
subcommittee is only to fformation and bring it to Council. Accordingly, it
currently is not subject to law.
cc: Steve Atkins
Dale Helling
Marian
City of Iowa City
MEMORANDUM
Date: Februar
To: City Council
From:
Re: Council Committees
There has been some confusion, late as to when a committee appointed by Council is Iowa Open
Meetings Law.
If the Council (as opposed to say Mayor, or the City Manager}.cmates including a
committee made up of members of the ( that committee is a 'governmental body"
iowa Open Meetings Law (i.e. notice, open to the public, purpose of the
committee is "to develol: on public pelicy issues." Iowa Section 21.2(h); Op. Atty.
Genr'l. November 18, 1993. ~ not charged with making , i.e. it does not
have a policy-making fl. Jnction, it is not a ody. For example, 'a measure the
extent of a problem and deliver raw data would not lot be charged with
recommendincj any particular course of action". ~. Atty. Genr'l. at
So, for example, if the legislative by the Council is ~ charged with gathering information on
state legislation and reporting it is not a "governmental body'. If, on the
other hi, nd, it is charged with developing a "agenda' recommending the same to Council, it is a
govemf~aental body and its meetings must be opee.
At your organi:,ational meeting you created the following
Convention and Visitor's Bureau (1 member)
Legislative Committee (3 membem)
Emergency Management Committee (1
JCCOG (~
Student Senate (2 members)
Rules Committee,
The Rule~ meetings are held. JCCOG is a
governmental body and Open Meetings law. t for Convention and Visitor's
Bureau and Emergency tV do not c~eato
an .e. Council's sending of a representative to does not make that
You need of the Legislative and Student ~ committees are. If you wish to leave
either ( give it a policy-making function, it must have n meetings.
on your work session agenda for February 14. Any action as a result of your informal
scheduled for the next formal Council meeting.
cc: Steve Arkins
Dale Helling
Marian Kan'
Assistant City Attorneys
Elea no~mem~gove body.doc
Council Work Session Minutes
February 14, 2000
Page 4
SALE OF CITY PROPERTY/RIGHT-OF-WAY-VALUATION (1/12 memo Item #10, Item #11, Item #12)
City Attorney Dilkes recommended that a starting point for establishing a value is with the
assessed value of the neighboring property and then evaluate other facts unique to each
parcel. Council agreed to the City Attorney's recommendation for valuation; will defer item #10
(Flanagan & Rose) to enable staff to discuss the formula of valuation; and proceed with items
#11 and 12.
COUNCIL COMMITTEES (IP4 of 2/10 packet)
'~sCsOUncil agreed to dissolve the Legislative Comm tree and retain the Student Senate Committee
a information gathering committee only, reporting back to Council.
STAFF ACTION: Prepare resolution dissolving Legislative Committee for Council action.
(Dilkes)
TELEVISED WORK SESSIONS
Majority of the Council did not wish to pursue televising the work sessions at this time.
APPOINTMENTS
Airpod Commission - Alan Ellis.
Civil Service Commission - Reappoint Michael Kennedy.
Historic Preservation Commission - appoint James Enloe. East College Green and Peter
Jochimsen. Woodlawn; Reappoint Michaelanne Widness - At Large, and Pamela Michaud,
College Green.
Human Rights Commission - Maureen Howe.
Telecommunica'tions Commission - reappoint Elizabeth McKray and Cathy Weingeist
COUNCIL TIME
1). City Attorney Eleanor Dilkes aleded Council to the addition of item #27b to the agenda,
a resolution terminating the agreement with Gene (Kroeger) L.L.C. for construction of a
building at the comer of Linn and Court Streets.
2). Council Member Kanner reported on a discussion with the School Board President
regarding a Council and School Board joint meeting. Staff noted that a joint meeting
with other County entities is planned in March or April and staff was directed to
investigate starling that meeting 30-45 minutes earlier to allow Council and School
Board to meet first.
3). Council Member Kanner stated he would be attending the CDBG meetings the next two
days, and wanted to make sure there would not be more than three Council people in
attendance. No one indicated attendance.
4). Council Member Vanderhoef told the Council that she will be abstaining from the vote
the following evening on the Iowa Avenue Project due to a conflict of interest.
Adjourned 10:20
March 7, 2000 City of Iowa City Page 2
(5) C~ass C Beer Permit for H¥-¥ee, Inc., dba Hy-¥ee #3, 1201 N. Dodge St.
(Renewal)
(6) Class B Wine Permit for Hy-Vee, Inc., dba Hy-Vee #3, 1201 N. Dodge St.
(Renewal)
(7) Refund for an unused portion of a Class B Wine Permit for Nash-Finch
Company dba Econofoods #473, 1987 Broadway St.
{8) Refund for an unused portion of a Class C Beer Permit for Nash-Finch
Company dba Econofoods #473, 1987 Broadway St.
'~! (9) Resolution to issue a Dance Permit for Sports Column Corp. dba Sports
Column. 12 S. Dubuque St. (Renewal)
c. Motions.
(1) CONSIDER MOTION ABOLISHING THE CITY COUNCIL LEGISLATIVE
COMMITTEE.
Comment: Given Council confirmation at their work session of February 14
that the City Council Legislative Committee was not intended to advise
Council on policy issues, and Council interest in having any Council Member
L,._who desires to participate in such matters to do so, Council desires to abolish
the Legislative Committee.
(2) CONSIDER A MOTION TO APPROVE DISBURSEMENTS IN THE AMOUNT OF
$14,278,130.54 FOR THE PERIOD OF JANUARY 1 THROUGH JANUARY
31, 2000, AS RECOMMENDED BY THE FINANCE DIRECTOR SUBJECT TO
AUDIT. DISBURSEMENTS ARE PUBLISHED AND PERMANENTLY RETAINED
IN THE CITY CLERK'S OFFICE IN ACCORDANCE WITH STATE CODE.
d. Setting Public Hearings.
7?-- (1) CONSIDER A RESOLUTION SETTING A PUBLIC HEARING FOR MARCH 21
ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF
COST FOR THE CONSTRUCTION OF THE MORMON TREK BOULEVARD
IMPROVEMENTS - ABBEY LANE TO HIGHWAY 1 PROJECT, DIRECTING
CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE
CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION.
Comment: This project will widen Mormon Trek Boulevard to four lanes from
Abbey Lane to Highway 1. It will include the installation of storm sewer,
sanitary sewer, sidewalks and water main. The project will also include
improvements at the Highway 1 intersection and both Westside Drive
intersections and drainage improvements near Abbey Lane.
RESOLUTION NO. 83-223
RESOLUTION ADOPTING A POLICY REGARDING SERVICE BY CITY COUNCIL
MEMBERS ON THE GOVERNING BOARD OF ANY AGENCY FUNDED BY THE CITY
OF IOWA CITY.
WHEREAS, the City Council is often requested to appoint a representative
Council member to serve on the governing board of various local
organizations, service agencies, and similar bodies; and
WHEREAS, the City of Iowa City annually allocates funding to assist in the
operation of such agencies; and
WHEREAS, it normally occurs that the various agencies requesting funding
must compete for a share of limited available financial resources; and
WHEREAS, such funding is allocated by decision of the City Council as a
result of a direct voting process; and
WHEREAS, it is in the best interest of the City Council and all citizens
of Iowa City that Council members remain unbiased in their decision-making
processes and avoid situations which might foster such bias.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA,
that it shall be the policy of the City Council that no Council member
shall be appointed by the City Council to serve as a member of the
governing board of any human service agency which is funded bythe City of
Iowa City or which agency anticipates requesting such funding.
It was moved by Lynch and seconded by
Dickson the Resolution be adopted, and upon roll call there
were:
AYES: NAYS: ABSENT:
X Balmer
X Oickson
X Erdahl
X Lynch
X McDonald
X Neuhauser
X Perret
Passed and approved this 5(~I~ day of July , 1983.
MAYOR- 0 .....
ATTEST: ~_,,;..~..) ~. ~ )
CI~ CLERK
Legal. ~eFal':menl
Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 0].-]69
RESOLUTION REQUIRING THAT CITY COUNCIL APPOINTEES VOTE IN
ACCORDANCE WITH CITY COUNCIL POLICY AS ESTABLISHED BY MOTION,
RESOLUTION, OR ORDINANCE, AND ESTABLISHING THAT FAILURE TO DO SO
SHALL BE JUST CAUSE FOR REMOVAL FROM SUCH APPOINTMENT.
WHEREAS, the City Council appoints council members to serve as Council's representatives to other
organizations or entities; and
WHEREAS, such City Council appointments are currently made to the following organizations or entitles:
Johnson County Council of Governments, Emergency Management Commission, Iowa City/Coralville
Visitors and Convention Bureau; and
WHEREAS, the City Council expects that as a representative of Council to said entities the Council
appointee will vote in accordance with the formal action of the City Council as expressed by motion,
resolution, or ordinance; and
WHEREAS, failure to vote in accordance with City Council formal action constitutes good cause for removal
of the City Council appointee; and
WHEREAS, a procedure should be established to provide notice and an opportunity to be heard to the City
Council appointee whose remo~/al is sought pursuant to the terms hereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA,
THAT:
1. City Council members who are appointed to serve as Council's representative to other organizations or
entities shall vote in accordance with formal City Council policy as established by motion, resolution or
ordinance.
2. Failure of a City Council appointee to vote in accordance with such formal action of the City Council shall
constitute just cause for removal of the City Council appointee from such appointment.
3. A City Council appointae who fails to vote in accordance with the formal action of the City Council may be
removed by the City Council. Said removal shall be by resolution of the City Council, shall give the
reasons for the removal, and shall be sent by certified mail to the person removed who, upon written
request filed with the City Clerk within thirty (30) days of the date of mailing the copy, shall be granted a
public hearing before the Council on all issues connected with the removal. The hearing shall be held
within thirty (30) days of the date the request is filed, unless the person removed requests a later date.
Following the public hearing the Council will either confirm its earlier decision of removal or reinstate the
removed Council person to the appointment.
Passed and approved this 12th dayof ,lane ,20 ~11 .
City Attorney's Office
Eleanor~es~coundivote-res.doc
City of Iowa City
MEMORANDUM
DATE: November 20, 2003
TO: Council and Council Elect
FROM: Marian K. Karr, City Clerk
RE: Council Work Sessions
Council work sessions have been held various times in the past 25 years. When I first
started work sessions were held at 1:30 PM in the City Manager's Conference Room.
Then sessions were moved to 4:00 PM and then 6:30 PM and in Harvat Hall.
A number of communities have customized their work sessions to their community
needs. I've attempted to identify a number of approaches below:
· Eliminate work sessions (for agenda items) and schedule only when needed for
special directions or information (e.g. budget)
· Eliminate work sessions and hold two formal meetings. Monday evening may be
consent calendar and planning and zoning items and Tuesday could be the remainder
of the agenda.
· Hold work session prior to formal meeting (4:00-6:00), allow a dinner break between.
Citizens then don't have to attend two different night meetings.
· Change work session start time to a daytime meeting. Could be 8:00-10:00 AM or
4:00-7:00.
Work sessions are not required by law or set by resolution. Council is free to experiment.
U:worksessioninfo.doc
Council Work Session
February 27, 2002
Page 3
added the ordinance has an impact on development because it changes the overlay zones.
A staff evaluation will be available at the time of the public hearing.
5. (Item #6 - Resolution.,.issuance of $27,055,000 sewer revenue bonds) In response lo
Council Member Kanner, the City Manager stated staff will prepare calculations on what
impact the refinancing will have on rates and repod back to Council.
6. (Item #7 - Ordinance amending Title 1 ...... "Election Precincts"...) The City Clerk requested
expedited action on the item.
7. ((Item #11 - Resolution adopting.., annual budget for.,,fiscal year ending June 30, 2003)
Pfab indicated his support to proceed with the Iowa River Power Dam Improvements.
COUNCIL PROCEDURAL ISSUES (IP2 of 1/~ Info Packet)
Mayor Lehman stated he would be willing to discuss rules and regulations for Council but hoped
that once decided the body would follow those procedures. Council discussed Council Member
Kanner's memo and agreed to the following:
1. Three Council Members could place items on the work session agenda o_r formal agenda
2. Individual Council Member requests to staff for an extraordinary amount of research will be
reported to the City Manager. The City Manager will bdng it to the entire Council, and the
majodty (4 Council Members) will decide on the request.
3.Retained the same starting time for work session and formal meetings.
After discussion, the Mayor indicated he would be summarize the Council majodty direction
verbally for the record after informal discussion, and his desire not to allow public input at a work
session but instead direct it to the formal meeting.
Meeting adjourned 6:50 PM.
~'~ DRAFT
Tentative Schedule (dates/times subject to change) JANUARY 2004
MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY
HOLZbAY
OFFICES CLOSED
{5 6 7 8 9
6:30 PM Council Organizational 7:00 PM Council Formal
Formal I
TBD Council Work Session
12 13 14 15 16
TBD Special budget Work TBD Special Budget Work
Session Session
19 20 21 22 23
HOLI'bAY ,B~) Council Work Session
OFFICES CLOSED 7:00 PM Council Formal
26 27 28 29 30
TBD Special Budget Work
Session
DRAFT
Tentative Schedule (dates/times subject to change) FEBRUARY 2004
MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY
2 3 4 5 ~6
6:30 PM Council Work Session 7:00 PM Council Formal Publish budget hearing notice*
(Set budget public hearing*) I
16 17 ~18 19 20
HOLIDAY TBD Council Work Session
OFFICES CLOSED 7:00 Council Formal
(Budget public hearing*)
23 24 25 26 27
* Budget adoption scheduled for March 2 (prior to March 15 State deadline)
Prepared by: Marian Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041
RESOLUTION NO. 99-385
RESOLUTION ESTABLISHING TIME AND PLACE OF FORMAL MEETINGS
OF THE CITY COUNCIL OF IOWA CITY, IOWA.
WHEREAS, City Code Section 1-5-5 provides that the time and place of regular formal
meelings of the City Council of Iowa City, Iowa, shall be set by resolution of the Council; and
WHEREAS, on May 7, 1996, the City Council adopted Resolution 96-136 setting the time and
place for regular formal Council meetings to be every other Tuesday of each month st
7:00 o'clock p.m. in the Council Chambers of the Civic Center, starting with the July 2, 1996,
meeting; and
WHEREAS, the Council deems it in the public interest to repeal said Resolution and establish
the following schedule.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA:
1. That Resolution 96-136 be repealed.
2. By this resolution regular formal Council meetings of the City Council of Iowa City, Iowa,
shall be held on the first and third Tuesday of each month excluding holidays, in the Council
Chambers of the Civic Center of Iowa City, Iowa starting at 7:00 o'clock p.m., Central
Standard Time, or Central Daylight Time, whichever is in effect in the City of Iowa City at the
time of said meeting, said meeting times to become effective with the regular Council
meeting of January 18, 2000.
3. In the event a regularly scheduled formal Council meeting falls on a holiday, the City Council
shall determine whether or not to hold such meeting at another date, or to waive said
meeting.
Passed and approved this 23rd day of November~,l~99.
(~IT~Y.-CLE RK
It was moved by Norton and seconded by 0'Donnel 1 the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kubby
X Lehman
X Norton
× O'Donnell
X Thomberry
X Vanderhoef
Prepared by: Marian K. KarT, City Clerk, 410 E. Washington St., Iowa City, iA 52240 (319) 356-5041
RESOLUTION NO. 00-102
RESOLUTION REPEALING RESOLUTION NO, 98-310 OF THE CITY COUNCIL
OF THE CITY OF IOWA CITY AND APPROVING A NEW RESOLUTION
SETTING FORTH RULES OF ORDER FOR THE CONDUCT OF FORMAL
COUNCIL MEETINGS.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, that said Council does hereby repeal Resolution No. 98-310 and, in its place, approve
Rules of Order for the Conduct of Formal City Council Meetings as follows:
A. Order of Business
The business of the City Council shall be taken up for consideration in substantially
the following order, except as otherwise ordered by the Mayor or City Council:
1. Roll Call
2. Mayor's Proclamations
3. Consent Calendar
4. Community Comment (until 8:00 P.M.)
5. Planning and Zoning Matters: hearings, recommendations, ordinances and
resolutions
6. Other Public Hearings
7. Other Ordinances
8. Other Resolutions
9. Community Comment (continued if necessary)
10. Council Business
11. City Manager, City Attorney, and City Clerk Business
12. Adjournment
B. Content of Consent Calendar
Those items on the Agenda which are considered routine will be listed under the
Consent Calendar and be enacted by one motion, with a roll call vote. If the Mayor, a
Council member or a citizen specifically requests that any of the items be considered
separately, these items will be removed and considered later on the Agenda.
Passed and approved this ?]st day of Nar_cji, , 2000.
CITY'-CLERK '
· , Prepared by: Marian K. Karr, City Clerk, 410 East Washington St., Iowa City, IA 52240 (319) 356-5041
RESOLUTION 02-243
RESOLUTION REPEALING A RESOLUTION PASSED JUNE 15, 1965, ESTABLISHING A
PROCEDURE FOR CALLING OF' A SPECIAL MEETING AND ADOPTING A NEW
RESOLUTION ESTABLISHING PROCEDURE FOR CALLING OF A SPECIAL COUNCIL
MEETING
WHEREAS, City Ordinance No. 2342, codified as City Code Section 1-5-5, provides that the
procedure for the calling of a special meeting shall be set by resolution, and
WHEREAS, the City Council expanded from five (5) members to seven (7) members in 1973; and
WHEREAS, it is in the interest of the City of Iowa City that the City Council establish a procedure for
the calling of a special meeting.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT:
1. Said resolution of June 15, 1965 is hereby repealed.
2. Special meetings of the City Council of the City of Iowa City, Iowa may be called by the Mayor
or three (3) Council Members.
3. Notice of the calling of a special Council meeting shall be in writing and shall include the time
and place of said meeting, the business to be conducted at said meeting, and the person or
persons calling said meeting.
4. Notice shall be served on each Council Member at least twenty-four (24) hours prior to the time
of said meetin9 by delivering a copy thereof to the Council Member in person or to the Council
Member's place of residence as shown by the records of the City Clerk. City Clerk in consultation
with the City Attorney will document service and make record of the same.
5. Provisions for the call, notice, or time of service may be waived if the entire Council shall consent
in writing thereto.
6. Provisions of the method of service may be waived by the individual Council Member affected
thereby.
Passed and approved this 2"d day of July, 2002.
Passed and approved this 2 day of ,Ju'ly ,20 02
.. ~.'" ~./ ,'
:MAYOR
App)'oved by ,~
ClTYtSLERK C~y Attorney's Office
City of Iowa City £/
MEMORANDUM
DATE: April 22, 2002
TO: Mayor and City Council
FROM: Steve Atkins, City Manager ~
Eleanor M. Dilkes, City Attor.n~;~;
Marian K. Karr, City Clerk ~
RE: Distribution of Correspondence to the City Council
In February a procedure was developed to insure an orderly distribution of
correspondence addressed to Council (regular mail, emails, and hand delivered items).
Effective immediately we would like to revise the procedure to allow you to receive the
correspondence at your Council meeting Monday or Tuesday evening if it is an agenda
item, but no later than the next information packet or formal agenda if it is not an agenda
item. A folder of Council correspondence received, and awaiting distribution will
continue to be maintained by the City Clerk. Please remember that the public as well as
the media may be aware of Council correspondence prior to Council distribution by
viewing the City Clerk folder.
1. All correspondence is officially received by the City Clerk.
2. All written correspondence is file stamped.
3. Emails are printed (showing Clerk name, time, and date/not officially file stamped).
Emails are also received simultaneously by the Adm. Asst. to the City Manager and
Asst. City Manager and acknowledged by that office.
4. All correspondence received after the agenda was printed and relating to current
agenda items will be distributed to Council at the work session or formal meeting,
and accepted on the agenda. All other correspondence received after printing of the
agenda will be accepted at the next formal meeting, or included in the information
packet.*
Staff recommends the change to the procedure to focus handouts to only items listed on
the agenda, reduce the number of late handouts, and preclude Council discussion of
items not listed on the agenda.
*Corresponder~ce addressed to Council will be officially received at a formal meeting.
Correspondence listing Council as a "cc" will be included in the information packet.
COUNCIL PACKET GUIDELINES
AGENDAPREPARATIONSCHEDULE
MONDAY WEDNESDAY THURSDAY
12p Support documents 9a Staff meeting to review 9a ALL AGENDA SUPPORT
(resolutions, ordinances, agenda items. AND INFORMATION
agreements, etc.) due to PACKET DOCUMENTS
City Attorney for review. 4p Support documents DUE TO LISA. DO NOT
finalized by Attorney. PLACE ITEMS IN
12p Items and comments Staff member to pick-up. INTERNAL MAILBOX.
due to Lisa. DELIVER TO CITY
MANAGER'S OFFICE.
3p Agenda distributed.
Please submit items and comments to Lisa via email.
Off-Week Information Packet: Items due to Lisa by 9a Thursday. Do NOT put items in internal mailbox -
deliver to City Manager's Office.
DOCUMENT DISTRIBUTION TO COUNCIL
Documents distributed to Council DO NOT need to be in multiple hardcopies, as they now receive packets on
computer. Instructions for submitting Council documents follow:
Guidelines:
· Submit one original to Lisa no later than 9a Thursday for inclusion in Council's Thursday packet.
· Numbered Pages
· One-sided
· No staples
· Font size 10 point or above
· Font easy to read (Times New Roman, Courier New, Universal, Arial)
· Lines and pictures should be away from the print (e.g. do not put DRAFT across text)
· DO NOT USE shading (even in blank areas)--instead use underlines, strikeouts, bolding, italics, or
asterisks in the margin to signify special text.
· Scan size maximum for color is 8%'x 14" and black and white maximum is 11" x 17~. Larger documents
must be reduced before they are delivered to Clerk for scanning. If they are not received in reduced form,
they will be scanned in pieces.
NOTE: All items submitted are permanently retained and archived per State Code requirements.
Special Circumstances:
· Bound Reports, Booklets, and Color Documents
Deliver an original, one sided, page numbered, no staples, reduced-size (if necessary) copy to Clerk's
Office by 5p Monday for inclusion in Council's Thursday packet. Deliver a black and white 8%" x 11", no
staples, one-sided copy to Lisa by 9a Thursday.
Council will receive the scanned version. (In rare circumstances, if it is a document of 100 pages or more
that must be referred to extensively by Council, please supply the above as well as 14 (7 for Council, CA,
CM, ACM, Clerk and 3 for media) hardcopies to the Clerk.)
Council Work Session 7-9-01
July 26, 2001
Page 5
COUNCIL TIME
1. Council Members O'Donnell and Wilbum acknowledged the fireworks at City Park on
July 7th and the large crowd attending.
2. Council Member Kanner stated he would be doing his annual tour of city departments
and facilities and invited people to join him.
3. Council Member Vanderhoef requested that a Council tour be scheduled in the fall. The
City Manager suggested Council candidates be invited, Staff will follow up.
4. Council Member Pfab stated he had viewed the new cresswalk over at Weber School
and commented there were some happy neighbors over there.
5. Council Member Vanderhoef requested that a work session on storm water utility
charges be scheduled before budget sessions in January. The City Manager stated staff
was working on administrative, legal and technical questions and would provide
information in conjunction with the scheduled fall bus tour.
.,Mayor suggested a non-contreversial item is requested for
Lehman
that
whenever
expedited action that a special formal meeting be scheduled before a scheduled work
session for the purpose of one reading. Another reading could be scheduled at the
forma meeting the next evening. A majority of Council agreed to the procedure. Council
Member Kanner suggested a resolution be prepared formalizing Council policy to allow
anyone to come and speak on any Issue on the agenda. A majority did not express
interest in pursing the resolution suggested by Council Member Kanner.
Meeting adjourned 9:15 PM.
COUNCIL BIO INFORMATION
CONTACT INFORMATION
Name:
Address:
Phone:
TERM IN OFFICE
EDUCATION
FAMILY
HOBBLES
HOW LONG HAVE YOU LIVED IN IOWA CITY?
OTHER COMMUNITY SERVICES/ORGANIZATIONS INVOLVEMENT
S:Councilmembertransition?oiosheeffdoc
City of Iowa City
MEMORANDUM
DATE: March 29, 2000
TO: City Council
FROM: Ernest W. Lehman, Mayor
RE: Requests for Supplies
The City has initiated an interact pilot program with Office Depot for office supplies
starting March 27th. Six divisions are presently involved in the one month pilot, and if
successful, approximately 40 other City divisions will be ordering utilizing the interact.
Bulk items such as stationary and envelopes will continue to be stocked in-house.
Central Services still has an inventory of office supplies and City employees will be
stocking up on supplies as they start to deplete. City Councilors should continue to work
with City Clerk Marian Karr on ordering all supplies.
Due to a large number of requests for items not typically stocked by the City, Council
needs to decide how to handle requests for these items by individual Council Members.
It appears to me there are two options:
1. Establish a policy that all requests must be directed to and approved by a majority of
Council.
2. Establish a policy that all requests must be directed to and approved by the Mayor.
After discussing this matter with City staff it is my recommendation that the second
option be implemented. I would appreciate your concurrence at our work session on
april 3rd.
Cc: City Manager
City Attorney
City Clerk
City Council Minutes
April 3, 2000
Page 4
SCHOOL BOARD MEETING
· Suggested joint meeting April 25, 7:30 AM- 9:00 AM in Council Chambers. City Mgr. Atkins
will contact School Board.
EVALUATIONS
· Mayor Lehman suggested Staff Evaluations start at 7:30 AM, May 31. Council .cor~curred.
C. ouncil Time
'1) Council Member O'Donnell requested the Senior Center skywalk be scheduled for the next
work session, noting it was difficult for the Center to solicit funds without being clear on the
Council's position.
2) (IP3 of Mamh 30 Information Packet) In response to Council Member Wilbum, majority of
Council was interested in staff researching regulations governing the access of cigarette or
tobacco sales to minors, but agreed to wait to schedule further discussion until after the April
17 liquor discussion.
3) (IP 10 of March 30 Information Packet) In response to Council Member Kanner, the City Mgr.
said that if folks wanted to get signatures for petitions they could do so in the lobby area of
the Civic Center but were not permitted to go through the building and disturb city
employees.
4) (IP2 of March 30 Information Packet) In response lo Council Member Kanner, Mayor
Lehman answered questions relating to lravel for City employees.
X~,X5) (IP 3 of March 30 Information Packet) In response to Council Member Kanner, City Clerk
Kart said there was a change in stocking supplies, and all Council Members should contact
her with ordering questions. Special requests by Council Members would be at the
discretion of the Mayor.
6) Mayor Lehman said he received an invitation asking him and 2 other Council Members to
come to a meeting at 4:00 on Wednesday at the Holiday Inn to discuss some liquor issues.
After discussion the majority of Council agreed not to meet privately with bar owners but
schedule discussion for April 17th.
7) City Mgr. Atkins informed the Council he would be going to the Library Board mtg. on
Thursday to discuss the referendum roi' the new Library.
Adjourned 8:20 PM
City of Iowa City
MEMORANDUM
TO: Mayor and City Council ,~,j~_
FROM: Marian K. Karr, City Clerk
DATE: March 27, 2003
RE: Checking out of City Vehicles
On April 1, 2003, the City of Iowa City Equipment Division will go live with a new fleet
dispatch system. All City staff using motor pool cars will dispatch and return cars using
the new system.
Check out of all in town City cars will be done online. The access terminal and keys will
be located in the Public Works/Engineering division. Please plan a few extra minutes
the first time you check out a vehicle to acquaint yourself with the new procedure.
Out of town cars will be booked through the City Clerks office along with the paperwork
for out of town travel.
Thank you for your assistance as the City moves to a more efficienl motor pool
management system.
Council Travel Guidelines
1. Each Council Member during any fiscal year shall be entitled to attend two
national conferences (National League of Cities, specialized national
conferences etc.) and one state conference, specifically the Iowa League
of Cities annual meeting.
2. Miscellaneous statewide conferences/regional workshops where there is
rarely an overnight stay will be considered as an addition to the three
major travel opportunities. These workshops and other generalized
meetings usually occur within our state and are very specific in nature,
such as Mayor/Council Relations, Public Works and Environmental
Issues, Public Safety and Municipalities, etc.
3. Exceptions to the above limitations should be addressed to the Mayor.
4. Travel administration is in accordance with the City procedures governing
the travel of all City employees.
Presented to Council June 1996
Accepted by Council June '13, 2000
If the City of Iowa City or a Council person is invited to attend a function the
Mayor will approve a Council person attending that meeting and the City will
reimburse that Council person for the expenses involved in attendance within the
current employee reimbursement travel policy. If no invitation is extended but it
is an event we happen to know about (newspaper, word of mouth, etc.) and a
Council person wishes to attend, that Council person could attend at their own
expense and using their own vehicle.
Prepared by City Clerk's Office, February 2, 2001
travel2.doc
City of Iowa City
MEMORANDUM
DATE: August 2, 2000
TO: City Council REVISED
FROM: Ernest W. Lehman, Mayor
RE: Travel Reminder
All out-town travel should be coordinated with the City Clerk. This will allow proper
documentation to be kept for audit purposes. Reimbursement will be made for mileage,
per diem meal costs, etc. based on City's travel policy. Copies of this policy are available
fi.om the City Clerk. All out-of-town travel should be authorized BEFORE the travel
Occurs.
Reimbursement for use of private vehicles (.X cents a mile) is available but
documentation of the meeting is required. Mileage is reported prior to departure and
upon return.
In town use &City vehicles should be kept to a minimum to allow the vehicle., to be
. available for City staffto do their jobs. g~rj~ngg~nent~ shot[Id bShand[ed dir~ctl ~l~ou~h
[ ~)g~/the H~singjff, I~sl~ction Sej~ices ~epar~e~. A ~fllq!~l~ ~/OF ~REF~/DA'
[~>/?.Oy.~..C~ I/S~/~.REglBESTED//Cars/day ~re~rvegCoy 90rntagt{ ~g ~ Ho~ng ~,, ;t. ay'
~ (3~6-513y Sig)~'out vet~eles by/tSrov)ding/fl~e ~orn~fion/tCeq ai~d on/fhe c~cl~ ,uffsheet
~/~ ~ }6~/fn thg/bindfir o~/tbe ~unt~. H tl staffftwill ~sist ~Su if
'r X, needed.
This procedure will be monitored for 6 months. I have asked staff to place this item on a
work session agenda in January for an update and Council evaluation.
Cc: City Manager
City Attorney
City Clerk
H&IS Director
Travel.doe
City Council Meeting Schedule and IP2
OTY o~ ~ow^ cra, Work Session ~,~ ,~=,~~.~en......
November 25,
2003
www.icgov.org
TENTATIVE FUTURE MEETINGS AND AGENDAS
· THURSDAY, NOVEMBER 27
Thanksgiving Day Holiday - City Offices Closed
· FRIDAY, NOVEMBER 28
Thanksgiving Day Holiday - City Offices Closed
· TUESDAY, DECEMBER 2 EmmaJ. HarvatHall
4:00p-5:30p Special Formal
Council Work Session - 2004 Council Orientation
· MONDAY, DECEMBER 15 EmmaJ. HarvatHall
TBD Special Formal Council Meeting
Council Work Session
· TUESDAY, DECEMBER 16 Emma J. Harvat Hall
7:00p Formal Council Meeting
Meeting dates/times/topics subject to change
FUTURE WORK SESSION ITEMS
Regulation of Downtown Dumpsters Downtown Historic Preservation
West Side Plan Private Sponsorship of Public Services
No Smoking within 20' of City Building Entrances
City of Iowa City
MEMORANDUM
Date: November 24, 2003
To: City Manager
From: Karin Franklin, Director,
Re: Press-Citizen Editorial on Peninsula
The attached is a guest opinion I offered to the Press-Citizen for publication in
response to their Nov. 23rd editorial on the Peninsula. My goal was to give some
accurate background on the project so the public could reach an informed
opinion. I have been told by the Press-Citizen editor the piece would be edited
for "length, style, and content". Since I do not believe there is any of the article I
would want to delete, I am forwarding it to you for inclusion in the Council packet.
Guest Opinion
Contact: Karin Franklin
Director of Planning
City of Iowa City of Iowa City
356-5232
karin-fran klin~,,iowa-city.or.q
Peninsula: let's get the facts straight
Recently (Nov. 24, 2003), the editorial board of the Press Citizen ran an opinion
piece on the wisdom of the Peninsula Neighborhood as a development concept.
Evidently, this opinion was precipitated by rumored changes in the composition
of the development team and the slowness of sales in the project.
The Press-Citizen made certain allegations about the role of the City and the City
Council in this project and the use of taxpayers' money. Before the public comes
to their own conclusions about the project, a few facts about the history of this
project are in order.
The City acquired the property as a result of an opportunity presented by the
federal government in response to the flood of 1993. $700,000 in federal funds
was provided to purchase the floodplain--100+ acres of bottomlands near the
river--as long as the City agreed to never allow development of this land. The
land was owned by individuals who would sell the bottomland only if the City
agreed to purchase the remaining 100 acres on the tract. The bottomlands were
valuable not only for flood relief; they also contained alluvial soils important for
future water wells for the city's water system. Federal funds could not be used if
only the 100+ acres was condemned for public use, so the Council decided to
purchase the remaining 100 acres with local funds to satisfy both the property
owners and the federal government requirements. Restrictions on development
of half the property are limited to the floodplain purchased with federal dollars
and have nothing to do with whether the development on the upland proceeds or
not.
The Peninsula Neighborhood was conceived by well over 100 people after a
community planning process held in Parkview Evangelical Church in 1998. The
conclusion was the City should encourage the development of the land on the
plateau of the Peninsula following a New Urbanist or neo-traditional model. The
Council confirmed the conclusions of the citizen planning process to direct the
Peninsula project toward a private developer who could carry out the vision of
what became known as the Peninsula Neighborhood.
The fact is, and always has been, the upland property would be sold to a private
developer, one who was committed by agreement to carry out the vision of the
Peninsula Neighborhood. Through its citizens and the City Council, the vision as
well as the plan was established for the neighborhood. And then, a private
developer was selected to build the neighborhood to the specifications set by the
community. The developer is a private business with all the pluses and minuses,
all the successes and travails, of any private business. Their organization and
financial structure is a private matter as long as they build and proceed according
to the plan. Their decision about the inclusion or exclusion of local realtors and
builders has been a developer decision and not a Council decision. It is a
regrettable decision, which the development team is in the process of correcting.
The City has not spent $85 million on this project as the Press-Citizen may
imply. The land originally cost $1.3million. Land is being sold to the
development group in phases as development proceeds. With those sales, the
City will recoup the land cost plus 6% interest---with this or any other developer
who builds this project. Added to this will be the taxes generated by the building
there.
Before you make a judgement about this project, get the facts. And, take a drive
out to the end of Foster Road and see what this project is really about.
I:~:orlal Eloanl:
Michael Beck, president and publisher
Jim Lewers, managing editor
Rob Bignell, editorial page editor
Daniel W. Brown, market development director
Tricia DeWall, assistant managing editor
Cheryl L. Taylor, account executive
Lucille Hernandez Gregory, community member
Fronl the beginning, city action didn't inspire a
lot of confidence in the project. Stamper had nc
~__ ,~___ track record. No one locally would affiliate with
rv[ew ~. A year ago, Stamper said he expected to build
30 homes by May and that 41 of the fLrst phuse's 81
Consensus of the Press-Citizen editorial board housing units were spoken for; lust month,
Stamper said crews had completed 18 housing
CO[lllcilmust units and sold a mere nh~e in what city officialSde ' " ' ,,
once scribed as the hottest housmg market in
the metro area. Stmnper and some com~ci]ors
admit errors ~,~e~ these shortcomings on the struggling
economy and the war, but that hasn't stopped Cor-
alville from issuing 143 housing permits or North
IAberCy's approval of 16 new subdivisions.
Peninsula ~e~ alwayswere a lot of questious about the
O ll Penh~sula project. We finally know tile answers.
Now councilors must accept that this project can
not be city officials' personal, philosophical play-
After hearing that developer Terry Stamper ground and that their decisions, resulting in no
might be ousted from the Peninsula Neighborhood additional sold properties and no expanded tax
project, some Iowa City councilors curiously base, have hur~ the public. In addition, the council
blamed the scheme's failure on him. One councilor should start demanding full disclosure. City Plan-
even called Stamper "a compulsive man" who uing and Cornmunity Development Director Karin
"wants to have control of everything." Franklin is quite wrong to say that the situation is
But those words may best describe the City a private matter for the developers. The city is
Comlcil itself. Two years ago, councilors estab- entwined in this project us much us Stamper, a~ld
lished a specific devel- cmmcilors -- us well us taxpayers -- deserve dm
tails on rile development's changes. Indeed, since
opment code for the ~he issue: the Pe~finsula is public land, the public interest
Peninsula Neighbor- · Peninsula must be paramount.
hood. Though advised Neighborflood developer The project has turned out to be a boondoggle.
their vision didn't match lerry Stamper might be It's 15me the council got some professionals in-
market realities, they ousted ~om the pm]ect, volved in the project -- and it's time the comlcil
opted to find someone
who would do exactly W~ s#ggest: accepted responsibility for wheeling and dealh~g
what they wanted, so · For past support of with taxpayers' dollars.
Stamper was unani- Stamper and a role as a
mously selected to hah- de facto developer, the
die the project. Unfort- City Council shams blame
unately, the city became for the project's failure.
a de facto developer and
excluded real estate Wht~ do y~ ~hiflkl
agents and developers · ?/hat dir~lon
whose lmowledge of the should the council take
business and fma~cial on the Peninsula project?
stakes wouldn't ]et ideal- · Send your comments
ism wazp their decision to Opinion Page, RO. Box
nlaking. 2480, Iowa City, Iowa
Tile dovmside of tile 52244; faxto (319) 834-
city's entxy into the de- 1083; e-mall to opinion@
veinPment business is press-citizen.com.
that taxpayers got hurt.
Iowa City has a vested interest in seeing the pro-
posed $85 million neighborhood get back on track.
The neighborhood is being constru~ on an
expansive piece of secluded property for which
the city paid nearly $2 million. And now that the
project is underway on nearly half of the 200 acres,
potential uses for the remaining property am lim-
ited.
City of Iowa City r~
MEMORANDUM
- ...,j_
Date: February 12, 2002
To: City Council I.~c~ ~1~
From: Eleanor M, Dilkes, City AttorneyU~.lJ'
Re: Applicability of Public Records and Open Meetings Laws to E-mail
Attached is an article from the current issue of Municipal Lawyer, the publication of the
International Municipal Lawyers Association. This article succinctly and simply
summarizes the issues raised by the application of public records and open meetings laws
to e-mail. While spec[tic questions must, of course, be answered with reference to Iowa
law, the issues identified in the article are applicable to Iowa City Council members' e-mail
communications.
Attachment
cc: Steve Atkins
Dale Helling
Marian Karr
City Attorney staff
Deparlment Directors
eleanor/rnern/emailar~cle doc
A s a means of giving and re- A Council Member's Regardless of the outcome, some
ceiving information, the ben- Home E-mail is Not important lessons were learned. Coun-
efits of e-mail to council all Electronic Castle cji members should understand that
members are obvious--no more phone In Arlington, Texas, a citizen recently their home e-mai[ communications
tag; no more busy signals; and no more made a public information request to could be the subject of a public Juror-
answering machines. A busy consunl- the City fi, r, among other things, all nf marion request if they contain any city-
eot can utilize e-mail to send a quick a particular council member's home e- related matters. Budget permitting, ctt-
comment~ ask a simple question, or mail. The City, pursuant to the procc- res should consider providing city-
expound at length on matters of inter- dures set ot~t ]n the Texas Public lnfor- owned computers and e-mail accounts
elected ofticlals and their const~tu- from the Texas Attorney General. council members to confine their city-
enrs do not know rbat their communi- Under the Texas srarute, d~e term "pub- related c-mail to that device. (5*until
cation may be treated as puhlic infor- hc information" means: members should also refrain from pub-
marion, even if a message ts sent to fishing their private e-mad addresses in
an official's home e-mail addrcss, h~formation that is collected, as- city directories, on business ca,ds, and
Lkkewise, elected officials [nay not se~nblcd, or maintained under a on office stationery. Finally, c(~uncil
realize that e-mail cmnmunications law or ordinance or in connection members might be well advised to dis-
amongeachothermaybea violationof with the transaction of official close to their constituents that if the
electronic mai[ increases, it is m~portanl (I) by a g~vernmental body; or member by e-mail, the messages could
for elected officials and their attorneys (2) for a governmensal body and be considered punic information sub-
ro consider the application of public the governmental body owns ject to the public information laws
information laws, open meeting re- the information ct has a right
quirements, and document retention of access to it.-' Applicability of Open
practices to electronic mail. This article Meetings Laws to E-mail
these laws to e-mail, and concludes with ing her home computer e-mail account oil members can create legal problems
practice tips. to interact with constituents and otb- that are unique to council members.
ers. No city funds were used to pay for Certain e-mail communications goner-
Applicability of Public the e-mail account or the home corn- ated by council members and sent
Information Laws puter equipment. However, the Texas to other council members may violate
to E-mail Attorney General ruled that the home local or state open meetings laws.~
Many, if not virtually all, public in- e-mails were public records and must be The widespread use of electronic mail
formation laws now apply to electroni- disclosed) The opinion relied in part has made it relativety easy for council
tally generated documents.~ Since upon the council member listing her members to communicate directly
e-mail communications are a form of home e-mail address on a council busi- and instantaneously with some or all
electronically generated documents, ness card? In Texas, the Attorney of their colleagues. Thus, e-mail creates
council members need to understand General's public information determi, a tremendous potential and tempts-
that some of the e-mail communica- nation has the force of law unless over- tion for substantive discussions of
tions they generate or receive could turned by a court. The City has now city-business related topics to occur
become the subject of a public infor- filed a lawsuit seeking to reverse the without the public's knowledge or
motion request, just like the other Attorney General's ruling? continued on page i 2
written correspondence they send and
receive. Absent contrary statutory or Jay B. Doegey has been the City Attorney of Arlington, Texas, since
judicial direction, requests should be 1986. He was an Assistant City Attorney 0t Corpus Christi, Texas,
analyzed and handled in the same fr0m1977t01986. HeistheCheir0flMLA'sEthicsSecti0nandserves
way that a request for a printed or on IMLA's Awards Committee. In 1996. he received IMLA's
written document is handled. The Distinguished Public Service by a Local
same scope of applicability and excep- Government Attorney Award, and has also
tiGriS likely apply, depending upon the been designated a~ an IMLA Local
precise wording of the public infor- Government Fellow.
mation laws for the locality. When Elizabeth Lutl0nisaSeni0tAttomeywith
council members use the same equip- theCityofAdington,Iexas. SheisBoardCertifiad bytheTexasBoatd
merit and e-mail address for both per- of Legal Specialization in Labor and Employment Law. She is als0 a
sonar use and city business, they may graduate of Texas Teen University with a Doctor of Jurisprudence
be creating unanticipated difficulties degree and a Master's in Business Administration degree.
for themselves. The authors wish to acknowledge the assistance of deanene
Mclntyre and Don W. King, Jr.
January/February 2002 Vol. 43, No. I 11
THINK BEFORE the communication (i.e., whether the The language should advise senders
YOU REPLY communication is considered "public that their e-mail responses may be
information" by law) and not its subject to the public information
continued from page II medium, is what usually determines statute for the locality.
applicability of the law. Council mem- · Caution council members against
opportunity to observe. What makes e- bets should be given guidance and as- using e-mail to communicate with
mail so potentially troublesome is that sistance on the appIicability, require- other council members on sub-
it has the informality of a telephone, meats, and methods of compliance jeers and m situations where the
However, it is much easier to create a with the records retention laws of e~mail communications would
"conference" among a significant pot- the locality. A local records retention constitute a deliberation that might
tion of the city council simply by ordinance or policy can go a Inng be subject to the open meetings
creating an electronic council member way toward simplifying the process by statute.
distribution list. Because e-mai[ creates assigning retention responsibilities to · Discourage council members from
a verbatim recording of an entire series particular persons. For example, re,eh- using e-mail to communicate with
of communications, it can pr~vide tion responsibility for e-mail sent to groups or the entire membership
"smok ng gun' evidence of open meet- or from city staff can be assigned to of the city council through use
ings violations. Council members the city staff member, rather than ii ora group distribution list or series
should, therefore, treat e-mail as if ~ city cnuncil memher. If correspondence of e-mails to all, or a subset of indi-
were a recorded and transcribed tele- with constituents or otber city-related vidual, council members. Entphasize
phone call. Council members should electronic communicattons are con- that the flow of e-mail communica-
also be aware that some open meetings sidered public information by law, lions channels should be with and
laws apply to communications of less then such cotnmunications can be through the city staff, rather than
than a quorum of the city council (e.g., saved in electronic files or placed in a between council members.
council committees).7 In addition, paper file folder after it is converted · Conspicuous]ylabelallconfidential
council members should also avoid to written hard copy form. The proper attorney-client communicattons
~ntentionally meeting in groups of less items far retention and the time sent to council members, it may be
than a quorum for the purpose of cir- period will be governed b.y the retch- helpful to insert a code such as"[C]"
cumventing the open meetings laws.~ lion schedule, in the subject line in order to more
Accordingly, council members are best readily identiO/privileged commu-
advised to exercise caution when dj- Pr~lige ~p$ nications.
rectly communicating with fellow coun- Municipal attorneys should consider Program some records retention files
cil members outside of an open meet- implementing the following recom- for council members to electroni-
inc. They should, instead, rely upon city mendations: cally file messages sent and received.
staff to the extent permitted by law to · Provide guidelines to council mom-
transmit important information of in- · At the onset, educate and inform bersonwhichitemsmustberetained
retest to other council members, council members--for example, for records retention purposes and
provide an orientation for new which items may be deleted (e.g.,
Applicability of Records council members on the potential copiesofmessages or messagesofno
Retention Laws to E-mail applicability of the open meet- substantive or administrative value,
Besides the compliance problems that tngs, public information, and records depending upon the provisions of
e-mail poses for council members un- retention statutes to electronic the records retention statute for the
der the open meetings and public communications and electronically locality).
information laws, further problems are generated documents. · Provide city staff to properly man-
created by the application of records If possible, the local government age (electronically file and dispose
retention laws to electronic communi- should provide a specially designat- of) e-mail communications for coun-
cations. Most cities are subject to laws ed computer and e-mail address cil members.
that require that city documents be to each council member to be · Caution council members about
kept for a certain retention period, exclusively used for city-related transmittinginf0rmationthatispro-
Council members may not be aware business, hinted by public information stat-
that most records retention laws con. * Council members should avoid list- utes from being disclosed For ex-
rain no exception for e-mailP Once lng private e-mail addresses on offi- ample, one state recently prohibited
again, the seeming informality ore-mail cial council member letterhead, the disclosure of citizen e-mail ad-
often causes users to treat such commu- stationery, official correspondence, dresses except under certain circum-
nications lightly, such that they can be or business cards, stances'tO
immediately discarded or trashed · Program disclosure language to au- · Caution councilmembers that once
after reading. As in the case of the tomatically appear in every council an e-mail document is created, it
public information laws, the content of member-generated reply message, continued on page 29
12 Municipal Law,er
{Banks-Baldwin 2000 Suppl.); Okla. Stat. THINK BEFORE YOU REPLY ce.tin.dpex, p~ge 12
Ann. Tit. 51 824A.1 (2001 Cum. Supp.); Ore.
Rev. Stat. 8192.410 (1995); Pa. Stat. Ann. Tit. may continue to exist indefinitely within the memories of various computers. E-
65 866.1 (2000); R.]. Gen. Laws 838-2-1 ( 2001
Supp.); S.C. Code Ann. 830-4-30 (1976); S.D. mail communications thought to have been "deleted" can usually he retrieved
Codified Laws Ann. §1-27-1 (2001 Supp.); by computer technicians in the event of litigation discover3,.
Tenn. Code Ann. 810-7-503 0999); '[ex. Rex,.
Civ. Stat .Ann. Gov't 8552.021 (2002 Cum. Notes
Supp.) Utah C~xte Ann. 863-2-301 (2001 I. See, eg, Tex. Gov'r Code Ann. 8 552.002(b) (Vernon 2001).
Supp); %. Stat. Ann. Tit. I 8 31 ? (2001 Cum. 2. Tex Gov't Code Ann. 8 552.002(a) (Vernon 2001 ).
Supp.); Va. Code Ann. 82.2-3704 (2000); 3. Op Tex Att',/Gem No. OD 2(k~l-1790 (May 2 2001).
Wash. Rex'. Code Ann. 842.17.260 (2000); 4. Id.
W.\~a. CtxleAnn. 829B-l-I (1998);Wis. Stat. 5 Cit~ of Arlington ~,.John(~srn~,v. Nl~.(;Vd00996(345thD~st Ct. Trax is (.'o, mn' TX filed
Ann. 81931(2001 Cmn Supp.);Wyo. Stat. § May 10, 2001}.
16-4-201 (2001) 6 See, e.g., Ark l~.ev. Stat. 8 38-431 (2000): ]'ex. Gov't Code Aim. 8551.001 {Vernon 2001)
18 See, eg, Ark. (:ode Arm. 825-19-103(1) 7 Afl: Re'.'. Stat. § 38-431 (2000): 88 Op. Ilk. Att"~ Gen. 0982 ); Op. Tcx Att'y Gen. No. JM-
(1996 Repl.}; Cal. Ann Gov'r Code 86252(c) 1072 (1989).
(2001 Cum Supp.); Ct,mx Gen. Stat. Ann 8. Tex. Oov'rCodeAnl~, § 551143 (Vernon 200I);N.Y CiIn/m i~nOpcn Gov'r OML AO-1186
81-200(5) (200t Rev.); Del. Code Ann. tit.29 and AO-2256 ( )
810002{d) (1997 Rep.); Md. Ann. CS~de State 9. N.Y. Arts&Cult. Aff. La~857.17{Consol. 2001);5IlI. C,,np. Slat160/2(2001);Ariz. Rc,
Gov't §10-611(g) {1999 Repl.b Miss. Code Stat. § 41-1350 (2001); 53 Pa. Certs. Stat. Ann. § 1352 {\Vest 2001 ); 42 Pa. C,ns. Stat Aim
Ann. 825-61-3(b) (1972); Neb. Rev. S~at. §84. 84321 (West 2001).
1202(16) (1999 Supp.); S.C. Code Ann. 10. Tex. Gev t Cede A~ ~.88" 552.136 and 552.137. ~..
§30-4-20(c) (1976); Va Code Ann. 82.I-341
(2000 Repl ).
19. R.I. Gcn Laws §38-2-2{4)0) (2001Supp.);
seev/soCd Re'Stat Ann.§24-72-202(l)(c) CASES contmuedfl'ompage27 tions ordinarily will not involve
(2~1). public concern speech complaining of
20. Rd. Gen. Laws §38-2~2(4)(i) (2001Supp.). credentials to make sure the5' were misconduct within the police depart-
21. Alas. S~at. §09.25.120(2) (2000). valid, and deny access to those with- merit is speech addressing a matter of
22. Conn. Gen. Stat Ant',. 81-210(h)(3)(E) out sufficient credentials. "This would public concern." (Internal quotes and
(2001 Rev.). provide an adequate balance between citationsomitted.)Thecouttremanded
23. idaho Code 89-340B(2) (2001 Cum.
Supp.). protecting residents from dangerous the case to the district court to deter-
24. Cal. Ann. Gov't Code 86254.(0{1} (2001 imposters and promoting political mine whether Branton had suffered
Cunt. St~pp.); Ore. Rev. Stat. §192.501(3)(a) discourse." Vasquez v. Housing Author- adverse employment action. Bronton
(1995). ity of City of El Paso, 271 E3d I98 (Sth v. City of Da//as, 272 E3d 730 (5th
25. Montoya v. Santa Fe County Housing Cir. 2001). Cir. 2001).
Authority, U.S. District Court, NM CIV. No
96-954 LH/DJS (Dec. ll, 1997) {unpublished Speech on Police Cross Burning Law
op~,~ion). Misconduct Protected Violates 1st Amendment
26. Id., citing N.M. Stat. Ann 814-2-1(F)
(2001 Cum. Supp.). The Fifth Circuit has held that an in- The Supreme Court of the State of Vir-
27. {21 U.S. 132 (1975}. ternat affairs investigative officer's al- ginia has held that a Virginia Statute
28. 465 U.S. 792 (1984). leged ex parte communication with a that prohibits the burning of a cross,
29. ND Cent. Code 844-04-18(5} (2001 hearing officer is protected First andmakessuchbumingprimafacieevi-
Cum. Supp.). Amendment speech. Branton had been deuce of an intent to intimidate a per-
30. Ga. CodeAnn. 850-18-70(a)(1994Rev). employed by the Dallas Police Depart- son or groups of persons, violates the
31.Ga. CodeAnn. 850-18.70(a)(I994Rev.) merit since 1977, with an exemplar,/ First Amendment. Black w Common-
32. Ga. Code Ann. 850d8~70(a) (1994 Rev.) service record. She was assigned to in- weakh, 553S.E.2d738(Va. 2001).The
33. Cole Rev. Stat. Ann.824-?2-204(3.5)(a}
(2001) vestigatean interna[complaintbetween consolidated cases involved a cross-
34. Ore. Rev. Stat. 8192.445(I) (1995). two c~fficers. At the close of the hear- burning as part of a Ku Klux Klan rally
35. See, eg Kallstrom et. al. '< City of Co- lng, Branton went to the assistant city with the property owner's permission
lumbus, 136 E3d 1055 (6th Cir. 1998) (un~ manager (who had the final autbority and an attempt at cross-burning in thc
dercover police officers testified at a drug in determining the hearing's outcome) yard of an African-American person
trial; defense counsel requested and obtained and informed him of false statements without that person's consent. An in-
{rom the city the officers' eml~[oyment files made by one of the officers at the hear- termediate state appellate court upheld
Officers tound to have a privacy interest of a ing. After the hearing concluded, the the statute. The Virginia Supreme
constitutional dimension in certain personal
information in their petsonnel files and eh- police chief relieved Brantonofherdu- Court, citing RA.V.v. St Paul, 505
titled to injunctive relief requiring the city ties and responsibilities as investigator U.S. 377 (1992), fi)und that the Vir-
to provide notice to them prior to releasing and supervisor. The court found that ginia Statute was unconstitutional, as
information contained in their personnel "[w]hile speech pertaining re internal acontent-basedprohibition onspeech.
files to the public.) ~ personnel disputes and working con&- continued on page 31
January/Feb'maW 2002 Vol. 43, No. I 29
Extension to
Communities
2 · Iowa State University Extension
Effective Meetings - Simplified
Parliamentary Procedure o
"We must learn to run a meeting without ~ictimizing the audience: but more impor- ~-~
~antly, without being victimized hy individuals who are armed with parliamentary 0
procedure and a personal'agenda.'~ -- ~w~w~w~w~w~w~w~w~w~v. calweb.c6m/~laredo/parlproc~htm
Parliamentary procedure. Sound complicated? Controlling? Boring? Intimidating? Why do
we need to know all those rulgs for Conducting a meeting? Why can't we just run the
meeting~ however.we want to? Who cares if we follow parliamentary procedure?
How.many times have you attended a meeting that ran on and on and didn't accomplish
anything? The meeting jumps from one topic to another without deciding on anything.
Group members disrupt the meeting with their own personal agendas. Arguments erupt. A
few people make all the decisions and ignore everyone else's opinions. Everyone leaves the
meeting feeling frustrated. Sound familiar? Then a little parliamentary procedure may just
be the thing to turn you, r unproductive, frustrating meetings into a thing of beauty 7- or at
least make them more Enjoyable and productive.
What is Parliamentary Procedure?
Parliamentary procedure is a set of well proven rules designed to move business along [na
n~eeting while maintaining order and controlling the com~aunications prockss. Its purpgse
is t? help groups accomplish their ta~ks through an orderly, democratic process. Parlia-
mentary procedure is not intended to inhibit a meeting with unnecessary~rules or to
prevent people from expressing their opinions. It is intended to facilitate the smooth
funcuoning of the meeting and promote cooperation and harmony among members.
The rules of parliamentary procedur? are guidelines, not hard and fast laws. Robert's Rules
of OrderS'the most commonly used system of parliamentary procedure, is more than 300 ~_
pages. There are many aspects of parliamentary procedure which you 'will never use. Pick
and choose what best fits the task at hand.
., This booklet take§ a "practical" approach to parliamentary procedure. We relax the rules a
little in order to make meetings a little more spontaneous and social. For a stricter inter-
pretation of parliamentary procedure, you may want to refer to one of the reference books
or Web sites listed at the end of this booklet.
When is Parliarnentary Procedure Necessary?
Formal rules of procedure usually become more important as groups become larger or
more diver~e~ isshes become more controversial or complex, or the stakes involved be-
come more s~gnificant. Procedural rules should ~lways be seen as a means to an end. not
an end in themselves. The important thing is for the group to remain focused on its
o13j ectives and reach decisions while allowing everyone to participate and be heard. ~
small g, roup'may be able. to work effectively without a.ny formal rules if no one tries to
dominate the meeting and members treat each other's viewpoints with respect.
Sim[~lified Parliamentary Procedure · 3
Principals of Parliamentary Procedure
Parliamentary procedure is based upon a few simple .principles:
OnLy one issue can be discussec] at a time.
· All members have equal and basic rights -- the right to vote. the right to be heard.
and the right to oppose.
· The rights of the'minority must be protected.
· No member can speak ux~til recog~nized by'the chairperson.
· Every member can speak to the issue on the floor: however, no one can speak a
second time as long as another wants to speak a first time.
· A majority vote decides an issue.' -
· The ~hairperson is strictly impartial. : .
The Chairperson
The chairperson has the success or failure of the meeting riding on his or her shoulders .
He or she should be thoroughly familiar with all the business to be dealt with at the
meeting, inclu .ding committee reports and business held over fi:om previous meetings. The
chairperson must be sensitive to the physical, informational, and social needs of the
members.
Under the rules of parliamentary procedure· the chairperson has absolu{e control over the
meeting Ng one can speak without being recoggized by the chairperson. This power
comes with a great deal of respon, sibility. The chair must at all times conduct the meeting
impartially and. stay on top of the agenda, She or he must be familiar with parliamentary
procedure in order to keep the discussion moving and know when to take a vote without
someone having to "call for the question.-'
4 · lo'va State University Extension
Order of Business --The Agenda
The chair is'usually responsible for preparing the agen~da (the items of business to be dis-
cussed) and distributing it to the memI0ers well in advance of the meeting. The members-have
the responsibility to propose figenda items to the chair before the meeting. The exact details
and order vf the agenda should be decided by the groi~p, the following is a typical format.
Call to Order
Role Call (if apprt~priate)
Adoption of the Agenda
Approval of Minutes from Previous Meeting
Re. ports of Officers (listed)
Reports 'of Committees (listed)
Unfinished Business (listed)
New Business (listed)
Announcements (listed)
Adjournment
Call to Order: The chairperson begins the meeting at the.published time by sa)nng some-
thing such as "The meeting will now come to order."
Role Call: Role call is a legal requirement for some local govet'nment boards and commis-
sions. The minutes must list the names of those present and absent. Some boards and commis-
sions have taken the additional step of indicating in the minutes the time late members arrive
(it helps'get people there on time!). Thc meeting secretary usually conducts the role call. Civic
organizations and Community groups may not need to record members present by taking role call.
Adoption of the Agenda: It is a good practice to send members a copy of the tentative
agenda in advance of the meeting so they can prepare for the meeting. If this is not possible.
the tentative agenda should be given to the:members when they arrive at the. meeting. A
meeting without an agenda usually ends up as no meeting at all!
Many official government bodies are required to publicize'their agendas by informing the
news media and posting agendas in a public place prior to the meeting. Govemment bodies
should never add potentially controversial items to the agenda after it is published
When the meeting starts, the chairperson should ask if anyone has items to place on the
agenda. After these have been added, the chair should call for a motion to adopt the agenda. A
member should, "Move' that th .......
e agenda be adopted. A second xs reqmred. A sxmple majority
. vote restricts the business of the meeting to the items listed on the agenda__. After the agenda has
been adopted, it takes a two-thirds majority vote to change it.
Less formal community groups don't need to formally adopt the agenda. If an agenda is
approved by majority vote. however, ii'can onl~ be changed by a forinal motion to do so. This
prevents members from introducing new business without prior warning.
Approval of Minutes from Previous Meeting: l~eading meeting minutes during
the meeting is a time waster. Minutes shohld be sent out (with the agenda) for members to
read priqr to the meeting. Unless there is a disagreement regarding th~ minutes, it is not
necessary for a motion o,r a vote to accept the minutes. The chairperson can simply declare
them approved. "Are there ~ny.additions or corrections to the minutes?" If there are no
corrections, the chairperson can say, "There being no corrections to the minutes of (date)
meeting, the minutes are approved as printed ( or -... approved as amended" ).
SimDlified Parliamentary Procedure · 5
Reports of Officers: Typically the officers will make brief reports on the group's business
that has transpired since the last meeting. These may include the treasurer, secretary, chairper-
son, vice chairperson, publicity chairperson, etc. If the. officers do not have any infohnation to
1 report, they should not be listed on the agenda. The chairperson should not have to ask each
officer if he or she has anything to report.
The annual treasurer's report should have a :motion to adopt, a second, and a vote. Monthly
t easurers reports do not necessarily need to be officially adopted but should be part of the official
minutes of the meeting. If a treasurer's report has not been audited Or reviewed, it may be Wise for
the organization to simply record the report in the minutes rather than officially approve
Reports of Committees: Prior to the m~eting, the chairperson should' check with any
committees to see what progress ihey are making arid to find out if they want time on the
agenda to make a report. When pogsible, committee reports should be written. To make the
ecretarys job easier, written reports may be attached later to the meeting's minutes.
After the committee chairpersort has made a few comments and answered questions about the
report, motions may be received from the floor dealing With the substance of the report. A
-second is requi_red for any action. Note. however., that a committee's report need not be
adopted. An affirmative vote on a motion to adopt the whole report has the effect of endorsing
every word of the report. More frequently, a motion Will pertain to some specific action
recommended by the report and not deal with the whole report itself.
The chair may want to wait until all committee raports have been given before allowing any
motions to be made on any of the recommendations. One committee's recommendations may
affect the recommendations of another committee.
Unfinished Business (list of items): Items pending from previous meetings are
called "old" or "unfinished" business. Th~ chaiYpersoh may want to provide a brief'history of
the item or call upon someone else to do it.
New Business (list of items): "New business is now in order." Items tisted under
"new business" will be discussed in the order they appear on the agenda. Items not on the.
agenda.cannot be discussed unless the agenda is amended. Amending the agenda requi~es a
motion, a second, and~a two-thirds vote.
Announcements (list of items): Frequently members and committee chairs will want
to make special annguncements. The chairperson should call on people to make announce-
ments in the order listed on the agenda. Strictly.speaking, if the item is not on the agenda, tl~e
person should not be.allowed to make-an announcement.
Adjournment: When the last agenda item is reached, the chairperson should entertain a
motion to adjourn the meeting. Someone Will "move toad'jgurn." A second is' required.' The
motion cannot be amended or discussed. A simple majority vote is required for passage If -
passed', the chairperson announces that the meeting is officially adjourr~ed. Bring the gavel, if
you have one.
Quorum of'Members,
The by-laws of a board or organizatio~ should specify the number of members that must be
present at a meeting in order to officially conduct business. This minimum number of mem-
bers is called a quorum. A quorum should be small enough to allow the organization to
conduct its business, but not so small that a minority of members can pass motions that db
not represent the opinions of the majority. Typically, a quorum is one person more than half
the total membership. Without a quorum, no official business ~n be.transacted.
6 · Iowa State Jniversity Extension
Motions
Nearly all business conducted during a meeting begins with a, motion. A motion requires two
peo.ple a "mover" and a "seconder."
"I move that we a~cept the treasurer's report of June 3. 1999. as amended."
"I second that motion."
Strictly s~eaking a motion must be made and seconde.,d before any discussion on the topic can
begin. In practical terms, a preliminary discussion frequently, occurs prior to the actual motion
being made. This gives people time to formulate some opihions and ideas before making the
formal motion. This can result in a more precisely worded motion. A lot of time is wasted at
meetings trying to get the proper wording for a motion. Motions should be short, precise, and in
writing. Departing from strict-parliamentary procedur~ is the chairperson's decision. Care must be
taken not to let the meeting get out of control with a wandering discussion prior to a motion ~
being made. '
The Steps of A Motion
1. A member is recognized by the chairperson to speak. 03
2. The member makes a motion: 'YI move that ..... "
3. The chairperson asks if there is a second to the motion.
4. The chairperson recognizes a member who wants tO second the motion.
5. The member "seconds the motion."
6, The chairperson repeats the motion exactly as stated. (In practical terms, the chairperson
often rewords th~ motion for clarity with the consent of the person who ma~e the motion
and the person who seconded it.)
7. The chairperson opens [he floor for discussion. It is customary to allow'the person making
'the motion to speak first and to make closing remarks after everyone else has had a chance
to speak..Members may speak on the issue after being recognized by the chair. A member
may not speak a second time on the issue until all other members have.had an opportu-
hity to'speak a fi~rst time.
8. When exTeryone has had an opportunity to speak, the chairperson should restate the
motion and conduct a vote ~voice vote. show of hands, ballot, stand up, roll call), count-
ing those in favor and against. "All in favor of the motion say 'aye'." "Alt opposed, say
'no'." Most motions are decided by the majority of the votes cast. The results of the vote
should be announced to the gro)ap.
Seconding The Motion: Is It Always Necessary?
The underlying reason for requiring motions to be seconded is to make sure the group doesn't
waste time discussing something favored by only one person. Therefore. the chair may ignore this
step when dealing with routine non-controversial motions or motion~ that clearly haye sig.nificant
support among the members (unless the organization is required by rule to identify 'the person
who seconds a motion.) Small groups or committees may decide to completely eliminate any
requirement for a second.
Simolified Parliamentar¢ Procedure · 7
Debating (Discussing) A Motion
"No one is to disturb another in_his speech by hissing, coughing, spitting, speaking or
. whispering to another" -,-Thomas Jefferson
The chairpersQn must insure that the ensuing discussion pertains only to ~he motien on the table.
She o he needs to keep the meeung focused on the busxness at hand and keep everyone clear ~n
exactly what is (and isn't) being discussed.
Befor~ anyone can speak, they must be recognized by the chairperson, l~veryone should have a
chance to sp~eak before anyone ~s given the opportunity to speak a ?econ. d time. A big part of the
chairperson's job will be clarifying thoughts and ideas and helping people restate what they mean.
Often an item will come up in the discussion that is important but not strictly related~;o the
motion on the floor. The chairperson has the right to call it "out of order" and not discuss it.
Remember, though, that you're meeting to conduct the business of the organization. The chairper-
son may take a strav~ poll to detertfiine if the members would rather move to discussing the new
point. Sometimes it is best to discuss -several alte~'natives at one time in order to come.up with the
best solution. Be flexible in order to accomplish the task at hand.
The chairperson should make sure everyone has had an opportunity to speak before ending the
discussion and taking'the vote. Frefluently a member will "call for the qt/estion' if he or she
thinks the discussion should end and a yore b~ken. It is up to the chairperson to ~lecide when
to take a vote on the motion. Generally, a vote shT~ufd not be taken i'f any member still seeks the .
floor. Calling for the question does not ~utomatically stop the discussion because one member
does not have'the power to keep'other members from expressing their views. In fact. a motion to
stop the discussion would r~quire a two-thirds vote to bi adopted. ("I move to close debate," or "I
move the previous questioh.")
Discussion can easily get bogged down and drag on. The chairperson can move the discussion
along by following the 'ispeak otice" rule. When necessary, the group may put time limits on
speakers
Iowa State University Extension
Amending A, Motion
An amendment is a change tO the original motion. He, re are two of the more common ways to amend a
motion~
1. Many motions are informally amended while b~ing made. Before the chairperson formally states
the motion, a member may informally offer n~odifying suggestions to the maker of the motion.
The maker may accept or reject the member's recommendations.
2. After the chairperson has stated the motion, any member may propose changes tb the motion
befo?e the motion is voted upon. The amendment requires a second. The amendment is then
debated, and a vote is takenon the amendmegt to the original motion. 'It takes a simple majority
vote to pass an amendment. After an amendment has been voted on, the discussion of the motion.
as amended, continues.
When an amendment is, offered, the group haust first vote on the amendment before voting on the
main motion. By'voting on an amendment, members are only deciding whether or not to change the
main motion. Once all amendments are considered, the group still has to take & final vote on the main
motion itself.
Sample Motion to Amend
oUon: I move that we buy a new table for the conference room·
Second to Motion: "I second the motion."
C mrper~son: There has been a motion and a second to buy a new table for the conference room."
Move to Amend: "I move to amend by inserting 'not to exceed $500' at the end,of ~he motion."
Se?nd to the Amendment:
.Does the Chairperson Enter Into Debate 'or Vote?
The cl~airperson typically does nol participate in the del~ate of a motion nor vote on its passage. The
job of the chairperson is to remain impartial while controlling the process of the meeting. However.
there are some instances when it is proper, .and even desirable, for the chairperson to participate tn
debate and vote: -
1. The chairperson should vote if his or her vote will decide'the o~tcome by either breaking or
creating a. tie vote.
2. The chairperson can vote if the vote is ]~y ball~t
3. If the committee or board is ~mall and'operates more informally, it is proper for the chairperson to
~ debate issues and vote.
4 If the members of a 'committee or board have each been chosen to represent a specific district,
group, or interest area, the chairperson may participate in debate and vote so his or her constitu-
ency is fully represented.
5. When an organizatiori has a board of directors, an executive committee, standing committees, or
special committees, the qhair of those- committees may have the same privileges as any other
member to make motions,discuss issues, and vote.
If the ch~airpers~n participates in the 'debate.. she or he must not abuse the privilege. It is important for
the chairperson to avoid dominating the discussion. Once the chairperson has taken sides in a issue, it
is even more important that the powers of the chair, be exercised impartially. If neqessary, the chairper-
son can avoid the appearance of bias by turning the chair over to the vice ch~airperson or sonie other
member before making motions or discussing the merits of a question before the group.
Simolified Parliamem~r,/Procedure * 9
Rank of Motions
May
interrupt Second Can Can
Rank Motion speaker required amend debate ,Adoption_
Privileged Motions ~ -
1. Adjourn to ' ·
a fixed time X
2 Adjourn meet ng majodtyv0te
3. Recess meet'ng X majori~
4. Po nt of Privilege X dec,sion of char
5. Order of business
(agenda) X
Subsidiary Motions
6. Table a motion X
7. Previous question -~ ~ X
8. Limt or extend debate X
9. Postpone to a certain
tree ¥ X~ - X
10. Refer to a committee ¥ X X
11. Amend a motion ¥ X X :rna
12. Main mot'on X ~'tna
Motions that Bring
a. Reconsider (the vote) ~ X
Incidental Motions - nc ~-~
a. Appeal decision ~"
to char × X . X
b. Object to
consideration
of a question X
c. Point of order X ,, enforced b~ bha~(~
d. W~thdrawa motion
e. Point of nfom~at~on X no act on required
f. Division of the
meeting X requires standing vote
10 · Iowa State University Extension
Order of Motions
Because a meeting can consider only one topic at a time, parliamentary procedure ranks motions in order
of precedence. When a motion is made and seconded, no_other business can be considered u~til that
motion has been disposed of. or until a motion of a higher precedence has been proEosed, seconded, and
accepted by the chairperson.
There are three typ~s of moti.ons: Privileged Motions. Subsidiary Motions, and Incide_n~al Motions.
Privileged Motions.
Privileged motions deal with the meeting environment itself: the meeting time;agenda meeting room
comfort, and the right~ and behaviors of individuals. These motions have overriding importance and c~an
interrupt the~neet}ng at any tim~. The privileged motions are listed below in order of rank. Higher ranked
motions must be considered before louver ranked motions.
1.'Adjourn To A Fixed Time
This type of motion is the highest order and takes precedence over all other motiofis. It is used to set the
next meeting date. time: and location.
"I move that the m~eeting adjourn to Wednesday,.June 18,'at 7 p.m. in the city confe~rence room." The
motion must be seconded. It is.not debatable but can be amended. It requires a majoruy vote to pass.
2. Adjourn Meeting
A member can 'move'to adjourn' to end the meeting even though not all of the business has been finished. A
motion to adjourn must be second, ed and requires a majority vote. The chairperson should declare the meeting
adjourned after an affirmative vote.
3. Recess Meeting
A member_can ask for an '
Intermission or recess even when another motion is on the floor. A motion~to
recess.must have a second and requires a majority vote'."I move.that th~s' meenng' recess until 8:30 p.m."
The chair may also declare a recess without a vote of the group.
4. Point of Privilege
A member can raise a "point of privilege" concerning ~he welfare of the membership. "Chairperson. I rise
to a poiot of privilege." Points of privilege usually deal with comfort in thk meeting room (noise. inad-
equate ventilation, heat, ~old] or the conduct cfi others. No second or vote is required The chairperson
rules as to the admissibility of the point of privilege.
5. Order of Business (agenda)
A member may call for "the orders of the day" if that member feels that the meeting agenda is not being
foil_owed. An -order 6f business" motion does not require a second or a vote. If the chairperson admits
that the agenda has no~ been followed, she or h~ must return to the agenda. If the chair doesn't return to
the agenda, a two-thirds vote can fo£ce the chairperson to do so.
Subsidiary Motions .
Subsidiary motions deal dii:ectly with the business at hand. They provide a structured way to introduce
discuss, alter, and nfake demqcratic decisions on specific business items. The subsidiary motions listed
below are in order of precedence. For example, action on a "motion to table" must be completed before a
"motion to amend" can be considered. The coricept is that the membership can consid, er only one motion
at a time.
6. Table a Motion
A motion is said to be "on the floor" whenfl is being considered by the group. When a motion is "tabled."
it is temporarily seVaside while other busifiess is considered. A tabled motion can be taken up again
during that meeting or the nex~ meeting wh. enever the majority so decides. A motion to table requires a
Simolified Parliamentary Proce6Jure · 11
second and a majority vote. When there is general agreement to defer a motion until later in the meeting,
~t is a common informal practic$ to sxmply ask unanimous consent to postpone further discussion until a
specified point in the agenda.
7. Previous Question
"t move to close dei~ate.' Note: It is not proper for members to simply call for "the question." Members
who do so should be ruled out of order by the chairperson. A "previous question" motion attempts to end
the discussion on an issue and immediately force a vote on it. A "previous questtonI' m, otion must have a
second. It is not debatable and requires a two-thirds vote to pass. If the motion to put the question passes.
the chairperson must immediately call a vote on the main motion.
If the chairperson is doing his or her job properly, she or he will sense when the discussion 9n a mo.tion
has ended or, has 'become repetitious and will attempt to initiate a vote without the members having to
introduce a motion to close debate (or "move the prevxous question"~. Some members attempt to use the
previous question motion to curtail unwanted discussion on an issue.
8. Limit o~ Extend Debate
"I move that debate on this motion be limited to five minutes per member."
Or~, "I move that debate on this motion be extended another 15 minutes.'
A motion to limit or extend th~ time of debate must be seconded, can be amended, axed reqmres a two-
thirds vote.
9. Postpone to a Certain Time
A motion to "postpone" halts debate on a motion to some future specified time. A motion may be post-
poned to follow another agenda item. or until a certain specified time for example, 8:05 p.m. It can be
postponed until a specified subsequent meeting. A motion to postpone requires a second, can be
amended, and requires a majority vote. The chairperson needs to keep on top of postponed motions and
take. them up at the agreed upon time.
10. Refer to a Committee
"1 move that the question be referred to the Facilities Committee for further study and a recommendation
at our next meeting.'
Sometimes a group doesn;t have enough,information to makd an informed decision ot the group LS too
large to work out the details in a timely manner. Refen'ing the issue to a smaller committee for a report at
a future meeting can be an effective way to move toward a decision oct the issue. A motion to "refer"
requires a second and'a majo.rity vote. ltcan be d~bated.
11. ~Amend a Motion
As discu§sed previously, many motions being considered by the group c~an be changed. A motion to
amend requires a second. Th~ membership carl debate the motion to amend. The amendment itself can be
further amended. Most amendmentg requxre a majority vote. An amendment to an already-passed meeting
agenda,requires a two-thirds vote.
'The following motions cannot be ~mended: adjourn meeting, order of business, call for division of the
assembly, table a motion, take from the table, dispense with readirrg of tt/e minutes, objection to the
consideration of the question, postpone indefinitely, previous question, point of information, point of
order, point of privildge, suspend the rules, appeal from the decision of the chair, and reconsider a motion.
12. Main Mo~tion
A main motion is what brings an issue before the group. A mam motion ranks the lowest in the order of
precedence: therefore, itcan be made only when no 6ther motion is p~nding. When a motion has been
made and seconded, the chairperson will repeat it and debate can beg~n.
12 · ~owa State University Extensior
Motions that Bring a Question Back
A motion to reconsider.allows the group to re-discuss a motion that has already been voted on. A motion to
reconsider requires a second and a majority vote. If the motion to reconsider is passed, the original vote is
thrown out and the matter is up for debate again. Only a member who voted on the winning side of the
ongi. nal motion may make the motion to reconsider. The motion to reconsider must be made during the same
meeting as the original motion. Once the meenng adjourns, a motion to reconsider is out of order.
Incidental Motions
There are some motions that can be made at any time. They ha~e no order of precedence. They include:
· Appeal decision to chair
A member :may appeal a decision to the chairperson at anytime. A second and a majority vote is required.
· Object to consideration of a question
A member may have so much objection to a motion that fie or she doesn't even want it discussed by the
membership. A motion objecting to the main motion may only be made before debate on the objection-
able motion has begun. A member may simply stand up, without being recognized by'the chairperson.
and say, "Chairperson. ! Object to the consideration of the question." No second is required. It is not
debatable. The chairperson says, "Ar objection has been made to the m4~tion. Shall we consider the
motion2y A two-thirds vote is requiredlo uphold the objection and dismiss the main motion.
· Point of order
A member who thinks the group is not following proper parliamentary proce..dures may ask for a "point of
order." A point of order does not requ. ire a second The chairperson decides whether-or not to accept the
point o[order, ·
Member: "Chairperson. I rise to a point of orde?.'
Chairperson: "State your poinf of order,"
· Withdraw a motion
The person who makes a motion can withdraw it (before any amendment {s made) with the consent of the
person who seconded it. No vote of the membership is requii:ed to withdraw a motion, unless someone
objects; then it takes a majo.rity vote to withdraw the motion.
Any member may move to withdraw a motion. If the maker of the motion,and the seconder agree, the
motion can be withdrawn from consideration. If the maker ~toesn'f agree to the withdrawal, a majority
vote is required.
* Point of Information
A member may ask the chairperson for some information o~: fact relevant to the current discussion. The
chairperson may req¢est an answer from any appropriate member. ~his is a request for information, not
an opportunity to state an opimon or debate a point. The chairperson can rule the reftuest Out of order.
· Division 8f the Meeting
If a member doubts the accuracy of the chairperson's ruling on the outcome of the vote. the member can
demand a "division of the meeting." This requires the chairperson to immediately conduct a vote by a
more grecise method. Alternatives include a show of hands, a standing vote (members stand to indicate a
vote for or against a motion), ballot, or roll call. Division of the meeting ts usually the prerogative of any
member and does not usually require a motion or a vote.
Simplified ParliamenTary Procedure · 13
Conclusion
This booklet covers some of the key points to using parliamentary procedure for effective meetings. Don't try
to memorize all the aspects of parliamentary procedure. This booklet is best used as a reference. By using the
index tabs on this booklet, you can-quickly look up details of parliamentary procedure when you need them.
Chairpersons have a lot of resppnsibility when conducting meetings. By taking a practical'approach to. parlia-
mentary procedure, the chair can help a group accomplish its tasks through an orderly, democratic process.
' Parliamentary procedure does give the chairperson a great deal al power over a meeting and its members.
Don't abuse tha! power. The chair must conduct the meeting impartially and stay on top of the agenda. Don't
let strict adherence to parliamentary procedure get in the way of the group accomplishing its gbals.
Members also have responsibilities under rules of paHiamentary procedure. They have the responsibility to
participate in disc~ussions, to listen to and respect the opimons of others, and to stick to the topic at ha6d.
A-well conducted me~tifig can be fun and productive for everyone. By'using a few simple principles of parlia-
memary procedure, everyone comes out a winner.
References for Further Study
- Books
Robert's Rules of Order: The Classic Manual of Parliameniary Procedure. Henry Martyn Robert. Outlet Press, ·
August 1987
Robert's Rules of Order: Newly Revised. Henry Martyn Robert, William J. Evans, Perseus Press. May 1991
Robert's, Rules in'Plain English. Doris P Zimmerman. Henry M. Scott. et al. Harper Collins, September 1997
Parliamemary Procedure at a Glance: Group Leadership Manual for Chairmanship an~l Floor Leadership,
Ossie Garfield Jones. Garfield Jones, Viking Press, Janizary 1991
Standard Code of Parliamentary Procedure. Alice E Sturgis. McG~aw-Hill, February 1996
World Wide Web Resources
Simplified Rules. of Order. 1996
http: //www. psychiatry, ubc. ca/rules, btm
Getting the Most Out of Parliamentary Procedure, R.J. Bojk6. November 1994
http: / /pubweb. ucdavi s. edu ! documents/aphio/p_procedure, htraq
Parliamentary Procedure: Toward the Gobd Order'of Ihe U, iversity, Dr. John A. Cagle, August 1997
http:/ www.csufresno.edu!speechcomm/cagle_p3.htm
SurViVal Tips on Parliamentary Procedure, July 1998
http: //www. calwgb .'com. -laredo/parlproc. btm
Parliamentary Procedure. National Association of Parliamentarians. 1997
htCp: 7/www. parliamentarians, org/parl ipro. htm
14 · Iowa State University Extension
Parliamentary Procedure Summary Sheet
Steps in a Motion
1. State the motion "I move that.."
2. Second the motion
3. Chairperson restates the motion
4. Discuss (debate) the motion~
5 Vote on the motion
6. Announce result of vote
Rules for Debate
.1. A member cannot speak until recognized by the chairperson
2. Remarks. must.pertain to the question before the group
3. Remarks should be addressed'to the chairperson
4~Personal attacks are not allowed
5. Speakers ~hould stand
Methods of Voting
· Voice vote
· Vote by standing
· Show of hands
· Ballot
· Roll Call
Ways to Amend a Motion
1. Inserting Words ~1 move to amend by inserting the words "by October 31st" at the end of the motion.
2'. Striking Words ,-- I move to amend by striking the words "from Elm Street."
3. Striking Out and Inserting I move to am_end by striking out the words "from Elm Str&et" and inserting
the words "by~ October 31"
- Incorrect Phrases
"So Moved"
All members have a right to know exactly what is being moved. The chairperson must state the exact'motion
to avoid confusion. ~So move0." doesn't mean'anything.
"QuestioW' or "I call for the question."
?' -This is not a motion as stated. It is the chairperson'~ respohsibility to know when debate is over and conduct a
vote. Generally, a vote should, not be taketi if any member still seeks the floor. Members should not normally.
make a motion to stop the debate, but if they do. they should seek the floor and say, "I move to close debate."
Shortcuts
1.1f the membership is clearly in support of a motion, don't waste time getting a second. Ju~st move on to
debate.
2."Ii'there is no objection...' If there is no Opposition. the chairperson can save time conducting routine,
business by obtaining "unanimous consent." This eliminates the need for a motion, second, debate, and/oF a
vote. If there is objection to the Unanimous coflsent, then the formal steps of making and debating a motion
must be followed.
3."Straw Poll" Sometimes it is useful to get a feel oW the membership regarding several alternatives before
making a formal motion. A straw poll can informally poll members for opmmns.
Simolified Parliame,nta~ Procedure * 15
IOWA STATE UNIVERSITY
University Extension
Helping you become your best.
Pm-1781 DEcember 1998
Prepared by Tom Quinn afld Norm Riggs.-Iowa State University
Extension community development field specialists, and
Darrell Hanson, Delaware County extension education di[kctor
ICI File: Communities 7-3
·.. and justice for all
The Iowa Cooperative Extension Service's programs and
policies are consLstent with pertinent federhl and state laws and
regulations on nondiscrimination. Many materials can he made
available in alternative formats for ADA clients.
Issued in [utherance of Cooperative Extension work. Acts of
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ment of Agriculture. ~tanley R. Johnson. director. Cooperative
Extension Service. Iowa STate Uni,versity of Science and
Technology. Ames.- Iowa
16 · Iowa State University Extension