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HomeMy WebLinkAbout2011-11-01 ResolutionM 4th 11-01-11 1 4d(1) Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240, 356 -5030 RESOLUTION NO. 11 -341 RESOLUTION APPROVING THE ACCEPTANCE OF THE DEDICATION OF OUTLOTS "A" AND "B" OF FIRST AND ROCHESTER, PART FOUR, IOWA CITY, JOHNSON COUNTY, IOWA, AS PUBLIC OPEN SPACE. WHEREAS, in connection with the First and Rochester, Part Four Subdivision, it was agreed that the owners and /or subdivider, Plum Grove Acres, Inc., would dedicate Outlots A and B within said subdivisions to the City; and WHEREAS, the owner is now willing and able to dedicate said parcels to the City; and WHEREAS, the Parks & Recreation Department and Public Works Department have inspected the property and determined it is suitable for dedication at this time, and the City Council finds acceptance of said dedication to be in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Acceptance Outlots A and B, First and Rochester, Part Four, Iowa City, Iowa, as shown on the final plat thereof, recorded at Book 44, Page 267 in the plat records of the Johnson County Recorder, for public open space, in a form of conveyance approved by the City Attorney's Office, is hereby approved and authorized. 2. Upon direction of the City Attorney, the Mayor is authorized to sign and the City Clerk to attest any and all documentation necessary to effectuate the acceptance of said dedication and record the same at Plum Grove Acres, Inc.'s expense. Passed and approved this 1st day of November , 2011. 4ct< of , MAYOR Approved by ATTEST:�a.«c CITY ttERK City Attorneys Office ldll�-Xlll Resolution No. 11 -341 Page 2 It was moved by champion and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Dickens Hayek x Mims x Wilburn x Wright wpdata/glossary/resolution -ic. doc M� 4d(2) Prepared by: Kim Sandberg, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5139 RESOLUTION NO. 11 -342 RESOLUTION ACCEPTING THE WORK FOR THE CDG ASBESTOS ABATEMENT - CONTRACT #3 PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the CDG Asbestos Abatement - Contract #3 Project, as included in a contract between the City of Iowa City and Advanced Environmental Testing & Abatement, Inc. of Waterloo, Iowa, dated January 13, 2011, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and WHEREAS, funds for this project are now available in the Non - Operational Administration account #1000; and WHEREAS, the final contract price is $5,990.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 1st day of November , 20 11 67� A MAYOR Approved by ATTEST: ,) e Q'� CITY ERK It was moved by Champion and seconded by adopted, and upon roll call there were: AYES: NAYS: L, &,ebe, City Attorney's Office icv ?q_lll Mims the Resolution be ABSENT: x Bailey x Champion x Dickens x Hayek x Mims -x_ Wilburn g Wright Pweng /res /cd bgasbestos #3- acptwork.doc 10/11 _� r 4 �--�' == ' � TM :111 ''�' W' 4 CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX ENGINEER'S REPORT www.icgov.org October 20, 2011 City Clerk City of Iowa City, Iowa Re: CDG Asbestos Abatement — Contract #3 Project Dear City Clerk: I hereby certify that the CDG Asbestos Abatement — Contract #3 Project has been completed by Advanced Environmental Testing & Abatement, Inc. of Waterloo, IA, in substantial accordance with the plans and specifications prepared by the City of Iowa City. The final contract price is $5,990.00 I recommend that the above - referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald Knoche, P.E. City Engineer M k-j ad(s) Prepared by: Kim Sandberg, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5139 RESOLUTION NO. 11 -343 RESOLUTION ACCEPTING THE WORK FOR THE CDBG ASBESTOS ABATEMENT - CONTRACT #4 PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the CDBG Asbestos Abatement - Contract #4 Project, as included in a contract between the City of Iowa City and Lindstrom Environmental of Cedar Rapids, Iowa, dated December 28, 2010, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and WHEREAS, funds for this project are now available in the CDBG Non - Hazard Mitigation Grant Program Buyout account #2300; and WHEREAS, the final contract price is $58,400.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 1st day of November , 20 11 MAYOR Approved by ATTEST: CITY ERK It was moved by . Champion and seconded by adopted, and upon roll call there were: AYES: x x_ x x x x Pweng /res /cdbgasbestos #4- acptwork.doc 10/11 NAYS: k City Attorney's Office i,) ( z4.1 1 t < Mims the Resolution be ABSENT: Bailey Champion x Dickens Hayek Mims Wilburn Wright Z/ j' AMU i 11% CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX ENGINEER'S REPORT www.icgov.org October 20, 2011 City Clerk City of Iowa City, Iowa Re: CDBG Asbestos Abatement — Contract #4 Project Dear City Clerk: I hereby certify that the CDBG Asbestos Abatement — Contract #4 Project has been completed by Lindstrom Environmental of Cedar Rapids, IA, in substantial accordance with the plans and specifications prepared by the City of Iowa City. The final contract price is $58,400.00 I recommend that the above - referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald Knoche, P.E. City Engineer A4t 4d(4) Prepared by: Kim Sandberg, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5139 RESOLUTION NO. 11 -344 RESOLUTION ACCEPTING THE WORK FOR THE CDBG ASBESTOS ABATEMENT - CONTRACT #5 PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the CDBG Asbestos Abatement - Contract #5 Project, as included in a contract between the City of Iowa City and Active Thermal Concepts of Hiawatha, Iowa, dated March 28, 2011, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and WHEREAS, funds for this project are now available in the CDBG Non - Hazard Mitigation Grant Program Buyout account #2300; and WHEREAS, the final contract price is $85,500.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this lst day of ATTEST: CITY 6LERK November ,20 11 !�A;�_ MAYOR Approved by It was moved by Champion and seconded by adopted, and upon roll call there were: AYES: NAYS: a -11 ,L6t City Attorney's Office Mims the Resolution be ABSENT: g Bailey x Champion X Dickens x_ Hayek Mims x Wilburn x Wright Pwe ng /res /cd bg a sbesto s #5- acptwo rk. doc 10/11 � r -4 CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX ENGINEER'S REPORT www.icgov.org October 20, 2011 City Clerk City of Iowa City, Iowa Re: CDBG Asbestos Abatement — Contract #5 Project Dear City Clerk: I hereby certify that the CDBG Asbestos Abatement — Contract #5 Project has been completed by Active Thermal Concepts of Hiawatha, IA, in substantial accordance with the plans and specifications prepared by the City of Iowa City. The final contract price is $85,500.00 I recommend that the above - referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald Knoche, P.E. City Engineer Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 11 -345 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 227 N. DUBUQUE STREET, IOWA CITY, IOWA. WHEREAS, on August 12, 2005, the owner executed a Mortgage with the City of Iowa City to secure a loan; and WHEREAS, the terms of the loan have been satisfied; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the lien for the property located at 227 N. Dubuque Street from a Mortgage recorded August 18, 2005, Book 3928, Page 486 through Page 490 of the Johnson County Recorder's Office. Passed and approved this 1st day of Novembe ATTEST: 'lip / C TY ttERK AK�m MAYOR 20 11 4d(5) Approved by &3 -3'D3 (v City Attorney's Office It was moved by Champion and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Dickens X Hayek x Mims X Wilburn X Wright Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5246 Legal Description of Property: see below Mortgagor(s): Women's Health Project, Inc. DBA Emma Goldman Clinic Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the following property located at 227 N. Dubuque Street, Iowa City, Iowa, and legally described as follows: The original town of Iowa City, Lot 1, Block 77, Iowa City, Iowa, as recorded at the Johnson County Recorder's Office. from an obligation of the owner, Women's Health Project, DBA Emma Goldman Clinic, to the City of Iowa City represented by a Mortgage recorded August 18, 2005, Book 3928, Page 486 through Page 490 of the Johnson County Recorder's Office. This obligation has been repaid and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. MAYOR ATTEST: CITY CLERK STATE OF IOWA ) ) SS: JOHNSON COUNTY ) Approved by City Attorney's Office On this 5-t- day of No %i e,-,, b*-r , A.D. 20-0— before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. /I -3 adopted by the City Council on the / 6�- day Ap02r be - , 20__Jj_ and that the said Matthew J. Hayek and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ESONDRAE FORT mmission Number 159791 Notary Public in and for Johnson County, Iowa My Commission Expires adia Wj 4e(1) Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5053 RESOLUTION NO. 11 -346 RESOLUTION SETTING PUBLIC HEARING ON AMENDING THE FY2012 OPERATING BUDGET. BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a public hearing will be held in Harvat Hall, City Hall, 410 East Washington Street, at 7:00 p.m., November 22, 2011, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, to permit any citizen to be heard for or against the proposed amendment to the FY2012 Operating Budget. The City Clerk is hereby directed to give notice of said public hearing and time and place thereof by publication in the Iowa City Press - Citizen, a newspaper of general circulation in Iowa City, not less than ten (10) days and not more than twenty (20) days before the time set for such hearing. Passed and approved this ist day of November , 20 11 . ATTEST: CIT CLERK MAYOR Approved by 1' City Attorney's Office It was moved by Champion and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Dickens x Hayek x Mims x Wilburn x Wright fnadmVes \operbdg10- 11.doc lv��e go" �_ � 4e(2) MIMI Prepared by: Susan Dulek, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. n- RESOLUTION SETTING PUBLIC HEARING FOR NOVEMBER 22, 2011, ON A PROPOSAL TO CONVEY LOT 17 IN THE NORTH AIRPORT SUBDIVISION. WHEREAS, The North Airport Development Subdivision includes commercial lots which have been marketed for lease and sale to the general public; WHEREAS, Affordable Auto, LLC wishes to enter into a 25 -year ground lease with the Iowa City Airport Commission for Lot 17 in the North Airport Subdivision; WHEREAS, Affordable Auto, LLC further wishes to enter into an agreement with the City for an option to purchase Lot 17 during the 25 -year lease term; WHEREAS, the proposed sale price is the listing price of $230,000 that will increase annually based on a CPI escalator; and WHEREAS, Council should hold a public hearing on the proposed conveyance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council does hereby declare its intent to approve the purchase option between the City of Iowa City and Affordable Auto, LLC for the above - referenced property and to convey said property in accordance with said agreement. 2. A public hearing on said proposed agreement should be and is hereby set for November 22, 2011 at 7:00 p.m. in Emma J. Harvat Hall of City Hall, 410 E. Washington Street, Iowa City, IA or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. The City Clerk is hereby directed to cause notice of public hearing to be published as provided by law. Passed and approved this lst day of ATTEST: CITY CtERK November 2011. �4, ,, MAYOR Approved by - City Attorney's Office Resolution No. 11 -347 Page ____L - It was moved by Champion and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: _X___ x x x x x wpdata/gIossary/resolution -ic. doc NAYS: ABSENT: Bailey Champion x Dickens Hayek Mims Wilburn Wright NJ 11-01T, 4e(3) Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 11 -348 RESOLUTION SETTING PUBLIC HEARING FOR NOVEMBER 22, 2011, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 1025 EAST BLOOMINGTON STREET. WHEREAS, the UniverCity Neighborhood Partnership Program is a joint effort between the University of Iowa and the City to encourage home ownership and reinvestment in designated neighborhoods surrounding the University of Iowa; and WHEREAS, the City has received a $1.25 million I -Jobs grant to assist in the acquisition and rehabilitation of twenty -six single family homes to provide affordable housing in designated neighborhoods surrounding the University of Iowa; and WHEREAS, Resolution 09 -384 authorized the City to acquire and rehabilitate properties consistent with the grant agreement for I -Jobs funds for the UniverCity Neighborhood Partnership Program; and WHEREAS, the City purchased and rehabilitated a single family home located at 1025 East Bloomington Street, Iowa City; and WHEREAS, the City has received an offer to purchase 1025 East Bloomington Street for the principal sum of $145,000 (the amount the City paid to acquire the home), plus the "carrying costs ", which are all costs incurred by the City to acquire the home, maintain it and sell it, including abstracting and recording fees, interest on the loan to purchase the home, mowing and snow removal, utilities, real estate taxes, and any costs in excess of $50,000 to repair and rehabilitate the home; and WHEREAS, this sale would provide affordable housing in a designated area surrounding the University of Iowa; and WHEREAS, this sale is conditioned on the family securing adequate financing for the purchase of the home. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. The City Council does hereby declare its intent to convey a single family home located at 1025 East Bloomington Street, Iowa City, Iowa, also known as part of Lot 4, in Block 1, in Rose Hill Addition, for the sum of $145,000, plus the "carrying costs ". Resolution No. 11 -348 Page 2 2. A public hearing on said proposal should be and is hereby set for November 22, 2011, at 7:00 p.m. in Emma J. Harvat Hall of the Iowa City City Hall, 410 East Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to be published as provided by law. It was moved by champion and seconded by Mims adopted, and upon roll call there were: AYES: NAYS x X x x x ABSENT: Bailey Champion X Dickens Hayek Mims Wilburn Wright Passed and approved this 1st day of November 12011. MAYOR ATTEST: J 7� CITY ERK Approved by City Attorney's Office the Resolution be `0 Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 11 -349 RESOLUTION SETTING PUBLIC HEARING FOR NOVEMBER 22, 2011, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 1208 EAST BURLINGTON STREET. WHEREAS, the UniverCity Neighborhood Partnership Program is a joint effort between the University of Iowa and the City to encourage home ownership and reinvestment in designated neighborhoods surrounding the University of Iowa; and WHEREAS, the City has received a $1.25 million I -Jobs grant to assist in the acquisition and rehabilitation of twenty -six single family homes to provide affordable housing in designated neighborhoods surrounding the University of Iowa; and WHEREAS, Resolution 09 -384 authorized the City to acquire and rehabilitate properties consistent with the grant agreement for I -Jobs funds for the UniverCity Neighborhood Partnership Program; and WHEREAS, the City purchased and rehabilitated a single family home located at 1208 East Burlington Street, Iowa City; and WHEREAS, the City has received an offer to purchase 1208 East Burlington Street for the principal sum of $150,000 (the amount the City paid to acquire the home), plus the "carrying costs", which are all costs incurred by the City to acquire the home, maintain it and sell it, including abstracting and recording fees, interest on the loan to purchase the home, mowing and snow removal, utilities, real estate taxes, and any costs in excess of $50,000 to repair and rehabilitate the home; and WHEREAS, this sale would provide affordable housing in a designated area surrounding the University of Iowa; and WHEREAS, this sale is conditioned on the family securing adequate financing for the purchase of the home. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. The City Council does hereby declare its intent to convey a single family home located at 1208 East Burlington Street, Iowa City, Iowa, also known as Lot 11, Carson's Subdivision, for the sum of $150,000, plus the "carrying costs ". Resolution No. 11 -349 Page 2 2. A public hearing on said proposal should be and is hereby set for November 22, 2011, at 7:00 p.m. in Emma J. Harvat Hall of the Iowa City City Hall, 410 East Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to be published as provided by law. It was moved by Champion and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x x x x x Bailey Champion x Dickens Hayek Mims Wilburn Wright Passed and approved this 1st day of November —12011. KOM MAYOR - ATTEST: CITY CUERK Approved by City Attorney's Office M1 Prepared by: Karen Jennings, Personnel, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5026 RESOLUTION NO. 11 -350 RESOLUTION RESCINDING THE 2005 PERSONNEL POLICIES AND THE 1981 AFFIRMATIVE ACTION POLICY AND ESTABLISHING AMENDED PERSONNEL POLICIES WHEREAS, Section 1 -6 -1 of the City Code provides that personnel procedures, rules, and regulations for the employees of the City shall be established by resolution of the City Council; and WHEREAS, Resolution No. 05 -8, adopted by the City Council on January 4, 2005, established the existing Personnel Policies; and WHEREAS, Resolution No. 81 -4, adopted by the City Council on January 13, 1981 established the existing Affirmative Action Policy; and WHEREAS, the growing body of recent court decisions favors equal employment opportunity policies rather than status -based employment programs that consider demographic characteristics as a favorable point in employment decisions; and WHEREAS, the existing Personnel Policies have been updated to reflect legislative changes, provide affirmative methods to eliminate barriers to employment and meet present day needs. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The 2005 Personnel Policies established by Resolution No. 05 -8 are hereby rescinded. 2. The 1981 Affirmative Action Policy established by Resolution No. 81 -4 is hereby rescinded. 3. The Personnel Policies attached to this resolution and by this reference made a part hereof are hereby established and adopted. Passed and approved this 1st day of November ATTEST��r� City Oerk /human rel /res /aa- personpolicies. doc Mayor 20 11 10 Resolution No. 11 -350 Page 2 It was moved by trims and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: x x x x x x wpdata /glossary/resolution- ic.doc NAYS: ABSENT: Bailey Champion X Dickens Hayek Mims Wilburn Wright The Personnel Policies identified herein are not intended to create any contractual rights in favor of you or the City of Iowa City. The City reserves the right to change the Personnel Policies at any time. Personnel Policies Rev. 10/2011 TABLE OF CONTENTS Section1 Introduction ................................................................................. ..............................1 Section2 Administration ............................................................................. ..............................1 Section 3 Equal Employment Opportunity and Affirmative Action Policy ... ..............................1 a. General Policy b. Harassment and Discrimination (1) Sexual Harassment (2) Racial, Ethnic, Religious, Age, Sexual Orientation, Gender Identity, Disability, Genetic Information, or National Origin Harass- ment or Discrimination C. Complaint Procedure d. Consequences of Harassment or Discrimination Section4 Labor Relations .......................................................................... ..............................3 Section 5 Civil Service Coverage ............................................................... ..............................4 a. Rights and Benefits b. Appeal Rights Section 6 Employee Relations and Conduct .............................................. ..............................4 a. Public Relations b. Workplace Violence Prevention C. Licenses and Certifications /Notice Requirements /Insurability (1) Commercial Driver's License (2) Maintaining a Valid License (3) Insurability d. Weapons e. City Owned Computers and Phones f. Appearance- Grooming g. Personal Activities h. Supplemental Employment i. Religious Holidays j. Education Section 7 Employee Assistance Program .................................................. ..............................8 Section8 Discipline .................................................................................... ..............................9 a. Disciplinary Measures b. Causes for Discipline Section 9 Personnel Transactions ............................................................. .............................10 a. Personnel Files b. Medical Files C. Public Information d. Job Description e. Position Classification f. Fair Labor Standards Act (FLSA) Classification g. Probationary Period h. Budgeted Positions i. Employment of Relatives j. Termination of Employment (1) Resignation Personnel Policies Rev. 10/2011 (2) Retirement (3) Benefits Termination (4) Exit Interview Section10 Safety ........................................................................................ .............................15 a. Safety Rules Section11 Conflict of Interest ...................................................................... .............................15 a. Employment b. Gifts C. Impartiality d. Use of Information f. Use of Public Property Section 12 Political Activity ........17 a. Acceptable Activities b. Restrictions Personnel Policies Rev. 10 /2011 SECTION 1: INTRODUCTION The purpose of this document is to set forth the policies by which personnel - related decisions made by either supervisor or employee, are to be guided; and to express mutual expectations for conduct in the workplace. The City's ability to manage and provide public services with efficiency and effectiveness is dependent upon the capability and performance of its employees. The City strives to provide a good working environment, emphasizing individual achievement, open communication, and sensitivity to employee needs. SECTION 2: ADMINISTRATION These policies generally cover all City employees. However, temporary employees may not be covered by all provisions. Iowa City Public Library employees are subject to Personnel Policies as approved by the Library Board. These policies work to ensure decisions will be made consistently and in line with overall City goals regarding employee relations. Questions of interpretation should be addressed to Human Resources. The City Manager or his /her designee shall be responsible for final interpretation and application of these policies. The principles expressed herein will be used as a guide regarding issues not specifically addressed in these policies. This document should be read in conjunction with negotiated labor contracts, and operating procedures published by Human Resources and other City departments. Upon appointment to a budgeted position, all employees of the City shall be furnished a copy of these policies. Any substantive changes or amendments shall be posted to the City's website. Employees will be notified that updated policies are available online and hardcopies will be provided upon request. SECTION 3: EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION a. General Policy It is the policy of the City of Iowa City to prohibit discrimination and harassment of any type and to afford equal employment opportunities for all employees or potential City employees without regard to race, creed, color, sex, national origin, religion, age, sexual orientation, gender identity, marital status, mental or physical disability, genetic information, veteran status, or other class /category protected by federal, state, or local law, except where age, sex, or physical ability constitute a bona fide occupational qualification necessary for job performance. This extends to all areas of personnel administration including but not limited to recruitment, employment, promotion, transfer, training, working conditions, wages, benefits, and application of personnel policies, and shall be consistent with all protections afforded by applicable federal and state statutes. No personnel decision, action, term, condition or privilege of employment shall be unlawfully influenced in any manner by consideration of an individual's protected class. It is the goal of the City of Iowa City to guard against illegal discrimination Personnel Policies Page 1 Rev. 10/2011 A through appropriate review of the City's Personnel policies, to allow qualified individuals the opportunity to enter non - traditional occupations, and to achieve a diverse work force that reflects the available qualified population. The City of Iowa City shall also encourage or require equal employment opportunity efforts from vendors, contractors, consultants, and firms with which the City does business. The City will employ recruitment and selection practices that support this policy by displaying required posters regarding equal employment opportunities in areas visible to employees and by identifying the City as an Equal Opportunity Employer on job advertisements, postings, employment application forms, website, and other recruitment sources. The City will make efforts to identify individuals or organizations that may represent protected classes with specific job - related skills for purposes of disseminating postings and possible referrals. City personnel who have responsibility for selection and hiring shall be trained in and held responsible for using legal interviewing and selection techniques and criteria. Harassment and Discrimination The City of Iowa City is committed to providing a work environment free of harassment and discrimination. Harassment may take many forms, including behaviors that are overt or very subtle. Harassment may occur between or among members of the same or opposite sex, employees and the public, co- workers, or subordinates and supervisors. Harassing behavior of any nature, including but not limited to a sexual basis, has the effect of creating a hostile or offensive work environment and is prohibited behavior. (1) Sexual Harassment Sexual harassment is a form of unwelcome conduct that affects terms or conditions of employment or creates intimidating, hostile, or offensive work environments. Such harassment is prohibited for all employees, regardless of status, including supervisors, subordinates, administrators, and co- workers. No employee, either male or female, should be subjected to such conduct. Sexual harassment may also be charged between same sex employees. Sexual harassment may take the form of, but is not limited to: Deliberate or repeated unsolicited verbal comments, questions, representations, or physical conduct of either a sexual or non- sexual nature that are unwelcome to the recipient. • Making or threatening to make decisions affecting an employee's job on the basis of the acceptance or refusal of a request for sexual intimacy. • Verbal or physical conduct that has the purpose or effect of creating an intimidating, hostile, or offensive work environment. Personnel Policies Page 2 Rev. 10/2011 Unwelcome sexually explicit or vulgar language, sexual jokes or innuendo, touching and /or lewd gestures, or physical contact. • It may also include more subtle actions directed at one or more individuals. (2) Racial Ethnic Religious Age Sexual Orientation Gender Identity, Disability Genetic Information or National Origin Harassment or Discrimination. This is also a form of employee misconduct and is prohibited. Such harassment may take the form of, but is not limited to slurs, graffiti, derogatory names and jokes, physical conduct, or offensive behavior relating to one or more of an individual's origins, physical characteristics, or beliefs. C. Complaint Procedure The City will actively pursue and investigate complaints of harassment, discrimination or denial of civil rights and appropriate action will be taken. Employees who encounter conduct they believe violates this policy are encouraged to bring it to their supervisor's attention, and if the supervisor is the involved party, or if the employee prefers, to the Human Resources Administrator, Human Resources Staff, or the City Attorney's office. All such complaints and records of resulting investigations shall be kept confidential, to the extent possible, while allowing the City to meet its obligation to investigate such complaints. There will be no retaliation against any employee for filing a complaint either formally or informally, or against any person for participating in the complaint and investigation process. Each complaint will be thoroughly investigated. If a violation is confirmed it will be resolved in a manner designed to remedy any past harassment and prevent any future harassment. d. Consequences of Harassment or Discrimination Harassment and discrimination is unacceptable conduct in any form, and can be the basis for a discrimination charge against the City and /or an individual employee. It is the City's position that every employee has the right to work in an environment free of any type of harassment or discrimination. Consequently, any employee who engages in prohibited conduct will be subject to disciplinary action, up to and including discharge. All employees have an affirmative duty to prevent harassment and discrimination in the workplace by producing an environment that exposes and discourages harassment or discrimination of any kind. SECTION 4: LABOR RELATIONS The City recognizes its duty to bargain collectively with employee organizations certified by the Public Employment Relations Board, as provided by State law. Personnel Policies Page 3 Rev. 10/2011 Pursuant to this requirement, the duties, obligations, and rights of the City and each certified employee organization are set forth in the collective bargaining agreements mutually entered into by the City and the employee organization. Please refer to the appropriate collective bargaining agreement for specific details. SECTION 5: CIVIL SERVICE COVERAGE These rules and regulations shall apply to all permanent positions within the employment of the City of Iowa City with the exception of the positions of: City Manager, Assistant City Manager, the Directors of Finance, Public Works, Housing and Inspection Services, Planning and Community Development, Parks and Recreation, Transportation Services, and the Directors of any other city department as may be created; Police Chief *, Fire Chief *; Human Resources Administrator; City Attorney; Assistant City Attorneys; Human Rights Coordinator; City Clerk, Deputy City Clerk; all Division Heads; Assistants to the City Manager; Secretaries to the Department Directors; employees of the Library Board or Airport Commission; and any other positions specifically excluded by the Code of Iowa. *The positions of Police Chief and Fire Chief shall receive the benefits of the Iowa Civil Service Act for selection purposes and Civil Service status under Iowa Code Sections 400.13 and 400.14. a. Rights and Benefits Applicants for entry level or promotional positions will be tested through impartial examinations which fairly test each applicant's ability to perform in the position. Examinations may consist of review of application materials, oral interviews, and /or written, practical, or physical agility examinations as are appropriate to the position. b. Appeal Rights Following completion of probation, an employee covered by Civil Service who is suspended, demoted, or discharged may appeal the disciplinary action to the Civil Service Commission, and will be entitled to a hearing before the Civil Service Commission. Appeals must be filed with the Clerk of the Commission (City Clerk) within 14 calendar days after the suspension, demotion, or termina- tion. SECTION 6: EMPLOYEE RELATIONS AND CONDUCT The work of every employee is important. On-the-job performance has an effect on the employee's success with the City, as well as having an effect on the quality of service to the citizens of Iowa City. Employees have a right to expect fair treatment and fair compensation from the City. In return, employees are expected to work diligently toward providing high levels of public service. Personnel Policies Page 4 Rev. 10/2011 a. Public Relations It is the responsibility of each employee when dealing with members of the public and /or other employees, to act in a courteous, responsive, and prompt manner. b. Workplace Violence Prevention Providing a safe work environment is essential to the City. Acts or threats of violence against any City employee will not be tolerated whether among employees or between one or more employees and the public. Any City employee initiating a violent act against another City employee or a member of the public will be subject to disciplinary action. Workplace violence includes any act of physical, verbal, written, or electronic aggression and /or intimidation within the work setting, as well as destruction or abuse of property. All reports of violence will be reviewed in a timely manner. Generally such reports should be made to the employee's supervisor; however, the employee may make the report to the Division Head, Department Director, Human Resources Administrator, or Human Resources Division Staff. C. Licenses and Certifications /Notice Requirements /Insurability No City employee may operate a city vehicle without proper licensing. Any individual who operates a city vehicle on the public right -of -way without a valid license appropriate to the vehicle being driven will be subject to disciplinary action up to and including discharge. Certain positions within the City require the possession and maintenance of a specific license or certification. If a position has such a requirement, it will be listed in the job announcement when the job is posted. If the requirement changes while an employee is in a position, the employee will receive notice of such change and will be given a reasonable amount of time to comply with the requirement. If an employee loses or fails to obtain a license or certification required for the position he /she holds, the employee may be subject to discharge for failure to meet minimum job requirements. (1) Commercial Driver's License (CDL) Employees required to possess and maintain a valid Commercial Driver's License must meet the notification requirements established by the Federal Commercial Motor Vehicle Safety Act of 1986. Under this act an individual with a CDL must: a) Notify the Human Resources Office within 30 days of a conviction for any traffic violation, except parking (this includes pleading guilty and paying a fine). This is true no matter what type of vehicle the individual was driving at the time of the Personnel Policies Page 5 Rev. 10/2011 infraction or if the infraction occurred off duty. Such notice may be provided by (1) telling the Division Head or Asst. Division Head who will notify Human Resources or (2) notifying Human Resources directly. b) Notify his /her supervisor if his /her license is suspended, revoked, or cancelled, or if the employee is disqualified from driving. Such notice must be made at the beginning of the first work day following knowledge of the suspension, revocation, or cancellation. Employees must provide such notice to their immediate supervisor (or in his /her absence to the individual acting in that capacity). Failure to provide required notice of a traffic violation or license suspension, revocation or cancellation may result in disciplinary action up to and including discharge. (2) Maintaining a Valid License Employees required to possess and maintain a valid Iowa driver's license, chauffeur's license, or CDL are responsible for checking the expiration date and renewing their license prior to the expiration date. If an employee's license is suspended, revoked, or cancelled, it is the employee's responsibility to notify his /her supervisor at the beginning of the first work day after receiving notice of the action. Employees are prohibited from driving any City vehicle without the appropriate valid license. The City routinely runs driver's license checks on employees who must have a license as a job requirement, as well as employees who drive City vehicles in the course of their employment. An employee who has a license that is current at the time of the license check, but whose record shows it was suspended, revoked, or cancelled in the period -of time since the last check, is subject to disciplinary action if he /she drove a City vehicle during that time and /or failed to notify their supervisor of the suspension, revocation, or cancellation. Employees who are required to have a valid license will be subject to disciplinary action if they allow their license to expire and are unable to perform their work duties. (3) Insurability Employees required to possess and maintain a valid driver's license must also remain insurable under the City's liability insurance. Failure to remain insurable due to excessive or serious violations will subject an employee to disciplinary action up to and including discharge. A work permit does not meet the City's requirement for a valid license. In no event will the City install an ignition interlock device on any City vehicle to meet the requirements of a work permit. Personnel Policies Page 6 Rev. 10/2011 d. Weapons No employee of the City of Iowa City shall carry a weapon while on duty. Weapons are not allowed on City property or in an employee's vehicle when parked on City property. Issuance of a concealed weapons permit does not exempt an employee from these provisions. However, sworn officers of the Iowa City Police Department and the Fire Marshal are exempt from this restriction. e. City Owned Computers and Phones City computers and phones are provided for use by the employee and are the property of the City. Such property is subject to recall by the City at any time. Employees have no right to privacy in information maintained on a City owned computer, the City computer system, City - provided /funded cell phone or other electronic communications device, or the City phone system, whether or not the employee considers such information personal. Appearance - Grooming Employees are expected to maintain a level of personal appearance and grooming that is considerate of other employees, and projects an image that inspires the confidence of citizens and others with whom the employee must associate in the course of work. For employees in the field during hot summer weather, dress shorts and a T- shirt are acceptable attire, unless safety concerns require long pants for protection. For employees working in air - conditioned buildings, shorts are not allowed. All employees are expected to wear clothing appropriate for a business office and public contact. Employees provided uniforms are required to wear the uniform provided. Dress down or casual day is an opportunity for employees to shed business attire for the day. Employees must dress appropriately for an office environment, even when casually dressed. Employees are required to adhere to health, safety, and sanitation standards while at work. g. Personal Activities Conducting personal or non -duty related activities is discouraged during work hours, except in emergencies and with the approval of the supervisor. It is preferable that personal business be conducted during designated break times or during lunch time. When possible, personal phone calls should be made from a phone away from areas used by the public to conduct business. Personnel Policies Page 7 Rev. 10 /2011 h. Supplemental Employment Supplemental employment outside the employee's assigned City working hours must in no way interfere or conflict with the satisfactory performance of City duties. Supplemental employment that either creates or gives the appearance of a conflict of interest is prohibited. No employee is to conduct any supplemental employment during their scheduled working hours unless they are using pre- approved leave. Supplemental employment is not encour- aged. If an employee is unable to perform his /her job for the City due to injury or illness, work for another employer is expressly prohibited. Religious Holidays Every reasonable effort will be made to accommodate employee requests for release from work to participate in bona fide religious holidays or services. Once approved, personal leave days, accrued vacation time, compensatory time, or in the absence of any of these, unpaid leave may be used to cover such absences. Education Advance approval from the City Manager is necessary for an employee to engage in any educational effort during normal working hours, other than that which may be provided by the City. Consideration of such requests will be based upon the direct benefit to the City, and a demonstrated ability of employees to effectively carry out the responsibilities of their positions. Employees are encouraged to schedule educational programs outside of regular hours, whenever possible. The expense of educational seminars and training sessions required by the City will be paid by the City, in accordance with the respective Department/Division guidelines. SECTION 7: EMPLOYEE ASSISTANCE PROGRAM The City recognizes that a wide range of personal problems can affect employees' job performance. Examples of problems include marital, family or financial difficulties, physical, mental or personal problems, substance abuse, or alcoholism. It is also recognized that while these problems are serious, they can be successfully resolved if identified and treated. The City sponsors the Employee Assistance Program (EAP) as a means of assisting employees and their family members. It is available as a confidential service for information, short -term counseling, and referral to other community resources. The program is in no way meant to interfere with the private life of the employee. Employees are encouraged to contact the EAP to discuss a personal problem before it affects their work performance. Any voluntary involvement with the EAP will be strictly Personnel Policies Page 8 Rev. 10/2011 confidential. Employees may contact the EAP by calling 351 -9072. In the event work performance is affected, a mandatory referral may be made by an employee's supervisor. When a mandatory referral is made the employee is required to be seen by an EAP Counselor who will report the employee's attendance to the City. The City is not provided a diagnosis and any discussion between the employee and counselor remains confidential. Substance Abuse All City employees are eligible for and encouraged to seek treatment and rehabilitation for alcoholism, problem drinking, or substance abuse through the City's Employee Assistance Program, or other available community resources. Alcoholism or drug addiction are not causes for discipline. However, if they impact job performance including attendance, work performance, inter - personal or public relations, etc., disciplinary action may be taken. Nothing in this section relieves employees of responsibility for their own conduct on the job. SECTION 8: DISCIPLINE a. Disciplinary Measures The responsibility of the City to maintain efficient operations may occasionally require taking disciplinary action against employees. The objective of disciplinary action is to correct inappropriate behavior and produce efficient City operations. However, failure of the employee, after notice, to modify behavior may result in further disciplinary action up to and including termination of employment. Employees in bargaining units should refer to the appropriate collective bargaining agreement for further clarification. b. Causes for Discipline The following list is illustrative of, but does not include all, types of behavior for which disciplinary action may be taken. (1) Insubordination. (2) Theft of city property or money or acting in a careless or negligent manner with City money, property, or vehicles. (3) Abusive or improper treatment during the performance of duty to any member of the public, fellow employee or city official, including harassment on the basis of race, creed, color, sex, national origin, religion, age, sexual orientation, gender identity, marital status, mental or physical handicap, disability, or genetic information; or any behavior, including behavior occurring outside the workplace, which has the effect of producing a hostile work environment. (4) Tardiness, failure to report to work, or failure to maintain a satisfactory Personnel Policies Page 9 Rev. 10/2011 attendance record. (5) Failure to satisfactorily and consistently perform the duties of the position; incompetency, inefficiency, or negligence in the performance of assigned duties; unauthorized dissemination of non - public information acquired during the performance of duties for the City. (6) Violations of the Federal Drug Free Workplace Act, the City of Iowa City's Substance Abuse Policy, and /or the City CDL Policy; violation of departmental rules, City Personnel Policies, or any other rules, policies, or regulations promulgated by the City. (7) Lying or providing false, inaccurate, or incomplete information either verbally or in writing; falsification, alteration, deletion of required information, or failure to include material information on any application or City record. (8) Inappropriate use of telephone lines, long- distance service, FAX/pho- tocopy services, computer, cell phones, or other City -owned property. (9) Operating City equipment or vehicles without proper license or permit, failure to maintain any required license or permit, or failure to notify the City of loss of any such license or permit. (10) Failure to make payment in a timely manner for any employment related charges including costs for return -to -duty or follow -up drug tests. (11) Illegal activities and /or conviction of a crime closely or directly related to the ability of employees to perform their job effectively. (12) Disregard for safety policies and procedures, including improper use of safety gear, clothing, or equipment. (13) Activity which involves conflict of interest or use of city employment for personal gain. (14) Conduct which negatively impacts the City's ability to effectively conduct its operations. SECTION 9: PERSONNEL TRANSACTIONS a. Personnel Files The City considers personnel files to be city property generated for purposes of conducting business operations. It is the policy of the City to permit access by all City employees to their personnel file maintained in the Human Resources office. Access to these files and the information contained in them is generally limited to the employee, appropriate supervisory personnel, appropriate administrative personnel and third parties authorized in writing by the employee (i.e., union stewards, attorneys, etc.). The file information may also be Personnel Policies Page 10 Rev. 10 /2011 accessed and utilized in situations involving business operations. Information related to education, employment and job performance will be maintained in these files. Confidential medical records and benefits information are maintained separately from an employee's personnel file. City employees are permitted access to their personnel files during regular Human Resources office hours. Employees are permitted to examine, take notes, and make copies of any materials in their file. Employees wishing to examine their files during work hours must have the permission of their supervisor to leave their work site. A Human Resources staff member must be present during this examination. An employee may request correction of any alleged misinformation contained in the file. If this request is denied, the employee will receive an explanation of the reason thereof, and will be permitted to place a concise statement of disagreement in the file. Employees are encouraged to keep their personnel files up -to -date with all job - related information such as degrees obtained, seminars attended, and certificates of completion. In addition, employees are required to update their personnel files when they experience a change of name, address, phone, or emergency contact. b. Medical Files Employee medical records are personal and confidential and will be maintained in a separate medical file. Medical files are subject to the privacy restrictions imposed by the Health Insurance Portability and Accountability Act of 1996 (H I PAA). An employee's health information is personal and confidential, and the City of Iowa City will not release such information without the express written consent of the employee, except as required by law. C. Public Information The following employee information is classified as "Public Information" under Section 22.7 (11) of the Iowa Code and will, upon request, be provided to any individual or institution by Human Resources: • Employee name • Employee compensation including the value of benefits conferred, including but not limited to casualty, disability, life, or health insurance, other health or wellness benefits, vacation, holiday, and sick leave, severance payments, retirement benefits and deferred compensation. • Employee hire date and separation date • Positions held with the City • Employment contract (if applicable), including compensation or any other terms of employment • Educational institutions attended and degrees and /or diplomas earned • Previous employment information including names of previous employers, positions previously held, and dates of previous employment Personnel Policies Page 11 Rev. 10/2011 • The fact that an Employee was discharged as a result of final disciplinary action* *Information becomes public upon exhaustion of applicable contractual, legal, and statutory remedies. Should Iowa Code Section 22.7(11) or other Iowa law be amended to either enlarge or restrict what employee information is classified as "Public Information" under Iowa law, the City will modify its practices accordingly without further notice to employees. Information such as address, telephone number, birth date, social security number, etc. is not public information and will not be released unless requested in writing by the employee. d. Job Description Copies of job descriptions are maintained in Human Resources and are available for employee review. Job descriptions are periodically reviewed and updated as job duties change. e. Position Classification All positions are classified according to job duties, responsibilities, entry requirements, and departmental needs. A major change in these factors may necessitate a review of job classification. Requests for review of a job classification may be addressed to the Human Resources Administrator by any employee, by a supervisor, or may be initiated by the Human Resources Administrator. All position classification review requests will be reviewed in accordance with applicable labor contract provisions. Fair Labor Standards Act (FLSA) Classification All City positions have been classified as non - exempt or exempt under the Fair Labor Standards Act. Non - exempt positions are eligible for overtime at a rate of one - and -one- half times their regular hourly rate for work in excess of 40 hours in a week. Exempt positions are not eligible for FLSA overtime. To be eligible for FLSA overtime a non - exempt employee must perform 40 hours of work in a week; paid time off such as sick leave and vacation does not count toward the 40 hours. Police Officers and Firefighters are subject to the FLSA 207(k) exemption. Firefighters are on 27- day /204 hour work cycle and Police Officers are on a 28- day /171 hour work cycle. To maintain exempt status, FLSA requires that exempt employees be subject to disciplinary suspensions of one day or more in duration. To report a FLSA complaint or violation employees may contact the Human Resources Administrator, Assistant City Manager, Human Resources Division staff, or City Attorney's office. Personnel Policies Page 12 Rev. 10/2011 g. Probationary Period All new or promoted employees in a budgeted position will serve a probationary period to be specified upon appointment. The probationary period shall be used to closely monitor employees' work, for securing the most effective adjustment of a new or promoted employee to the position, and for rejecting any employee whose performance does not meet the required standards. Employee performance will be formally evaluated at the completion of the probationary period. Probationary periods may be extended at the discretion of the supervisor if performance does not meet required standards and the supervisor is willing to provide additional time for improvement. h. Budgeted Positions Generally, part -time employees are limited to holding one budgeted part-time position. However, under certain circumstances an employee may hold a part - time position and work temporary hours. This will only be done if the employee is willing and it is to the benefit of City operations to allow such an arrangement; all supervisors involved must approve the arrangement. Generally these arrangements should not result in the employee working more than 8 hours per day or 40 hours per week unless both supervisors have approved such hours. Employment of Relatives Immediate family members of the City Manager, Assistant City Manager, Assistants to the City Manager, City Clerk, City Attorney, Department Directors, Division Heads, or Human Resources staff are ineligible for City employment. For all other positions it shall be the general policy of the City that no person shall be hired, assigned, promoted, or transferred to a department of the City or to a division thereof when, as a result, the employee would routinely be directly or indirectly supervising or receiving direct or indirect supervision from a member of the employee's immediate family. For the purpose of this section members of the immediate family are defined as: employee's spouse, domestic partner or partner by cohabitation, children , mother, father, son -in -law, daughter -in -law, mother -in -law, father -in- law, step - parent, brother2, sister2, brother -in -law, sister -in -law, grandparents and grandchildren, aunt, uncle, niece, nephew, first cousin, foster parent, foster child, persons who are parents of the same child, and persons with whom the employee is in an intimate relationship3. When a prohibited supervisor /subordinate relationship is created following employment, reasonable efforts will be made to find an acceptable alternative or to eliminate the situation by transfer or reassignment of one of the employees. Affected employees will first be given the option of deciding which employee will transfer or be reassigned. If no indication is given, seniority will be the governing factor and the least senior employee will be subject to transfer, reassignment, or termination. Personnel Policies Page 13 Rev. 10/2011 Individuals actively employed by the City in violation of this expanded policy on November 1, 2011 will be grandfathered under the previous policy and allowed to remain City employees. 'This includes step - children and children for whom the employee stands in loco parentis (assumes parental responsibility). 2Brother and sister are defined to include step - siblings and half - siblings. 3 A intimate relationship means a significant romantic involvement that need not include sexual involvement. An intimate relationship does not include casual social relationships or associations in a business or professional capacity. Termination of Employment (1) Resignation Every employee is expected to give at least ten (10) working days notice prior to the effective date of resignation. The notice should be in writing and directed to the immediate supervisor. Generally the termination date shall be the employee's last day in attendance at work, except in cases of medical disability. Resignations must be accepted by the City to be effective for benefit payment purposes. Generally, employees will be required to be at work on their last day. Extended vacation time will not be approved prior to separation from service. (2) Retirement Employees are eligible to retire in accordance with applicable pension or retirement programs. Sworn employees in the Police and Fire Departments will retire under the Municipal Fire and Police Retirement System of Iowa (MFPRSI); other City employees will retire under the Iowa Public Employee Retirement System ( IPERS). Because the pension systems will provide information only to the employee, employees must contact the retirement system directly. Human Resources staff will assist if requested. (3) Benefits Termination Upon notice of resignation, termination, or retirement being received by Human Resources, applicable information regarding continuation of insurance coverage, benefits payout, IPERS benefit or refund, final check, and other information will be forwarded to the employee. Human Resources will provide information to terminating employees, answer questions, and assist employees, however, it is the employee's responsibility to complete and mail all forms to the applicable agency. (4) Exit Interviews Exit interviews will be conducted by Human Resources staff upon Personnel Policies Page 14 Rev. 10/2011 request of the Department Director or the employee. SECTION 10: SAFETY a. Safety Rules All City employees are responsible for completion of job assignments in the safest manner possible. Prime consideration will be given to the safety of the employee and the public. Employees will not be required to work in areas or to operate equipment which is a safety hazard to themselves or the public. Employees must wear appropriate safety equipment/clothing, as required. Employees will receive appropriate training and are expected to follow appropriate safety standards. Employees must wear seatbelts in all vehicles that are equipped with seatbelts, as provided by state law. Smoking is prohibited in all City vehicles, equipment, buildings, and grounds. The Iowa Occupational Health and Safety Administration establishes industrial standards for many City work functions. The City is committed to compliance with these and other applicable standards. City employees shall not wear or use radio headphones, earphones, or other similar devices at any time while at work, unless such devices are authorized by the Department/Division Head as necessary for safety reasons. Telephone headphones are permitted for business phones with the supervisor's approval. Employees will handle property and equipment of the City with due care appropriate to the nature of the work and equipment employed. Employees who act in a manner which endangers the safety of themselves or others are subject to disciplinary action up to and including discharge. Mercy Occupational Health Clinic or, in the case of an emergency, Mercy Hospital Emergency Room, is the City's approved treatment facility for work - related injuries. Treatment for work related injuries by another physician will be allowed only upon referral from Mercy Occupational Health. Failure to use Mercy Occupational Health Clinic for a work - related injury may result in denial of payment of claims by Worker's Compensation. Worker's Compensation questions should be directed to the City's Risk Manager. SECTION 11: CONFLICT OF INTEREST City employees are prohibited from engaging in any conduct which represents, or could be reasonably interpreted to represent, a conflict of interest. Employees must avoid any action which might result in, or create the appearance of using public office for private gain, giving preferential treatment to any person, or losing impartiality in conducting City business. If an employee determines that he or she has an outside interest that may be affected by City. of Iowa City plans or activities, or result in a conflict of interest or the Personnel Policies Page 15 Rev. 10/2011 appearance of such conflict, the employee must immediately report the situation to his or her Supervisor. Violation of any provisions of this section may be cause for discipline or discharge of the employee. a. Employment City employees may not work for an outside employer whose interests might conflict with those of the City. City employees may not use their jobs with the City to further their interest on any supplemental job. City employees may not work for, or directly invest in, businesses with whom they must deal in the course of their employment with the City. b. Gifts State law prohibits employees from directly or indirectly soliciting or accepting any gift having a value greater than $2.99. Lunches or other meals are not acceptable as gifts from persons with whom the City does business, unless it is a community or public affair to which other community representatives are invited for a purpose other than to conduct business. City employees shall not accept any gratuity or payment, other than that which is provided by the City, for work performed on behalf of the City. If a City employee is a speaker at a community event he /she may participate in a meal that is served at the event. C. Impartiality No City employee may grant or make available to any person, any consideration, treatment, advantage, or favor beyond that granted or made available to all citizens. City employees must not secure special privileges or exemption for themselves or their relatives and friends beyond that available to all citizens. d. Use of Information Employees must not use privileged information for their own financial advantage or disclose information that would provide others with financial advantages. Each employee is charged with the responsibility of ensuring that he or she releases only information that is available to the general public. e. Use of Public Propert y No City employee shall request, use, or permit the use of any publicly -owned property, vehicle, equipment, labor, service or supplies (new, surplus, scrap or obsolete) for the personal convenience or advantage of the employee or any other person, except for that use which is generally available to the public. No Personnel Policies Page 16 Rev. 10/2011 City -owned property may be removed from the worksite except for the purpose of conducting City business. SECTION 12: POLITICAL ACTIVITY City of Iowa City employees are free to exercise all rights of citizenship. However, in order to obey federal and state laws and to ensure that the City will operate effectively and fairly, some guidelines are necessary: a. Acceptable Activities (1) An employee is free to express opinions and convictions or make statements and comments concerning wages or other conditions of employment. (2) An employee is free to participate politically in both partisan and non- partisan activities on off -duty time so long as the restrictions listed below are followed. (3) An employee whose position is not federally funded is permitted to be a candidate for a partisan or non - partisan office, while a federally funded employee may be a candidate for a non - partisan position only. (4) An employee has the right to vote as he /she chooses and to express his /her opinions on political subjects and candidates. b. Restrictions (1) An employee shall not, while performing official duties or while using City equipment at the employee's disposal by reason of his /her position, solicit contributions for any political party or candidate, or engage in any political activity. (2) An employee shall not attempt to influence the vote or political action of another by seeking an appointment, increase in pay, or other business or employment advantage for that person with the City. (3) An employee who supervises employees shall not directly or indirectly solicit the persons supervised to contribute money, anything of value, or service to a candidate, a political party, or a political committee. (4) An employee who becomes a candidate for public office shall, upon request be given a leave of absence without pay. Such leave shall commence any time within 30 days prior to a primary, special, or general election. An employee who is a candidate for any elective office shall not campaign while on duty as an employee. Personnel Policies Page 17 Rev. 10 /2011 -II -I CITY OF IOWA CITY �r, ..m „ pr MEMORANDUM DATE: October 26, 2011 TO: City Council FROM: Sarah E. Holecek, First Assistant City Attorney Karen Jennings, Personnel Administrator M RE: Updated Personnel Policies On your agenda for consideration is the adoption of updated Personnel Policies which will replace those last approved in 2005. Changes to these policies include: a) clarification of Civil Service Commission coverage; b) revisions to comply with recent statutory changes (such as the recent amendment to Iowa's open records law increasing the amount of public information contained in personnel files); and c) an expansion of the City's nepotism policy to include more familial relationships and prohibit more employment relationships that could create conflicts of interest. The updated Personnel Policies also strengthen the City's Equal Employment Opportunity provisions and adopt a number of affirmative actions that the City will take to ensure non - discrimination and equal opportunity in hiring and employment. The City presently files a bi- annual EEO -4 form with the Equal Employment Opportunity Commission identifying the gender and race classification of employees in established job and wage classifications. Human Resources staff also works with hiring supervisors to identify potential recruiting sources when posting a position externally as an attempt to attract a qualified and diverse applicant pool. In the past, these efforts have included sending job announcements to university and community clubs /organizations focused on serving female and /or minority populations and placing employment advertisements in more urban Midwestern cities with a higher concentration of minorities. The proposed resolution also repeals the Affirmative Action Policy adopted in 1981. This policy has not been updated since its adoption thirty years ago and is no longer consistent with current law. The policy requires an ongoing statistical analysis of females and minorities as compared to whites and males by City position, job category, salary, unemployment rate, and the local and national labor market and the adoption of objectives, goals and timetables for hiring and promotion of under- represented protected class members. The ever growing body of court decisions in this area favors equal opportunity policies rather than status -based employment programs that consider demographic characteristics as a favorable point in employment decisions. To be lawful, any such programs are subject to strict scrutiny analysis requiring a narrowly tailored method to achieve a compelling governmental interest. Remedial action by a public employer can be justified only by a showing of discrimination by that particular employer with respect to the particular job category. Davis v. City of Waterloo, 551 N.W.2d 876 (Iowa 1996) (finding the City of Waterloo liable for reverse discrimination when it promoted an African - American male to street department foreman when a white male was most qualified because there was no documented past racial discrimination by the City of Waterloo in the streets department). If you have any questions regarding this matter, please feel free to contact either one of us. Cc Tom Markus, City Manager Dale Helling, Assistant City Manager Marian Karr, City Clerk Eleanor Dilkes, City Attorney M�q Prepared by: Jason Havel, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5410 RESOLUTION NO. 11 -351 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE WATER WORKS PRAIRIE PARK FLOOD MITIGATION IMPROVEMENTS PROJECT. WHEREAS, Advanced Electrical Services, Inc. of Iowa City, Iowa has submitted the lowest responsible bid of $448,000.00 for construction of the above -named project; and WHEREAS, funds for this project are available in the Plant Site Well House Source Protection Project account #3283. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above -named project is hereby awarded to Advanced Electrical Services, Inc. subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above -named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 3. The City Engineer is authorized to execute change orders as they may become necessary in the construction of the above -named project. Passed and approved this 1st day of November 20 11 MAYOR Approved by ATTEST:���� /C� �Cf Jalk CITY CERK City Attorney's Office i v /f q l It was moved by Mims and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: X X_ pwe ng \res /wtrwkpra iri epk- awrdcon.d oc 10/11 NAYS: ABSENT: Bailey Champion X Dickens Hayek Mims Wilburn Wright 17 Prepared by: Susan Craig, ICPL, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5232 RESOLUTION NO. RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT FOR LIBRARY SERVICES TO RURAL JOHNSON COUNTY WHEREAS, the City of Iowa City has established and provided funds for a public library operated by the Iowa City Public Library Board of Trustees; and WHEREAS, the Code of Iowa allows Johnson County Board of Supervisors to contract with a city library, in order to provide services to residents of unincorporated areas; and WHEREAS, Johnson County wishes to provide residents of unincorporated areas full access to facilities, collections, programs, and services'of the Iowa City Public Library; and WHEREAS, a revised agreement has been presented by the Johnson County Board of Supervisors, in order to govern the provision of such access; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY AS FOLLOWS: 1. It is in the public interest to enter into the attached agreement, and thereby govern the provision of services, as set out in the agreement. 2. The attached agreement is hereby approved as to form and content. 3. The Mayor and City Clerk are hereby authorized to execute the attached agreement, which shall be maintained both in the City Clerk's Office and the Johnson County Auditor's Office, as an official record. Passed and approved this 1st day of November —,20 11 MAYOR App oved by / ATTEST: CITY CLERK City Attorney's Office Lib /res /agtforruralserv.doc Resolution No. 11 -352 Page 2 It was moved by Bailey and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Dickens x Hayek x Mims x Wilburn x Wright wpdata/glossaryhesol ution -ic. doc AGREEMENT FOR LIBRARY SERVICE TO RURAL JOHNSON COUNTY This Agreement is made and entered into by and between the City of Iowa City, Iowa, a municipal corporation, the Iowa City Library Board of Trustees and Johnson County, Iowa, a governmental subdivision. WHEREAS, the City of Iowa City ( "Iowa City ") has established and provided funds for a public library operated by the Iowa City Public Library Board of Trustees; and WHEREAS, Section 336.18 of the Code of Iowa (2011) allows the Johnson County Board of Supervisors ( "Johnson County ") to contract with a city library for residents of unincorporated areas; and WHEREAS, Johnson County wishes to provide the residents of unincorporated Johnson County the opportunity to participate in the facilities and programs offered by the Iowa City Public Library. NOW, THEREFORE, it is hereby agreed by and between the City of Iowa City, the Iowa City Library Board of Trustees and Johnson County as follows: I. SCOPE OF SERVICES A. The extent and nature of Library services will be determined by the Iowa City Public Library Board of Trustees, as provided by law. -1- B. All services of the Iowa City Public Library ( "Library ") will be provided to all residents of Johnson County, Iowa, who reside outside the corporate limits of any city within Johnson County, said Library services to be on the same terms and conditions as those provided the residents of the City. II. DURATION AND TERMINATION The term of this Agreement shall commence July 1, 2012 (Fiscal Year 2013) for a period of one (1) year, and shall be renewed automatically for succeeding terms of one year each ( "Contract Year "), unless written notice to the contrary is given no later than April 1 by Johnson County, the Iowa City Public Library or Iowa City. Such notice may be given by personal delivery to the Iowa City Mayor or Johnson County Chair, or by regular mail to said officials. Unless terminated as provided herein, "Contract Year" shall run concurrently with the appropriate budgetary fiscal year for Iowa City and Johnson County, as provided by law. III. COMPENSATION A. Johnson County shall pay to Iowa City each year a portion of the real estate tax askings (commonly referred to as "property taxes "), which taxes are necessary for library operations, as requested by the Library Board of Trustees and approved by the City Council. See Exhibit A for an illustration of this method. -2- B. The portion of the Library's real estate tax askings that the County shall pay to the City in a specific contract year shall be a percentage of the real estate tax askings equal to the preceding three - fiscal -year average of the percent of total library circulation attributed to residents of the unincorporated area of Johnson County. The three fiscal years used for this average shall be the most recent three fiscal years and excluding the fiscal year just completed. C. All payments made by Johnson County to Iowa City shall occur quarterly, commencing on the first day of July of each Contract Year. D. Iowa City agrees to maintain records of said operational expenses according to generally accepted accounting practices. Iowa City and Board of Trustees further agree to provide periodic reports as set forth in Exhibit B and to make financial records available to Johnson County for auditing and inspection during ordinary business hours, upon reasonable notice by the County. IV. BUDGET PROCEDURE The City Council for Iowa City shall determine and approve an annual operating budget for the Library, after preparation and recommendation by the Library Board of Trustees. More specifically, Iowa City and Johnson County agree as follows: -3- A. On or before January 8th of each year, Iowa City shall transmit to Johnson County a Funding Request in a form provided by the County along with a proposed Library budget for the fiscal year which commences on July 1 of that year, in anticipation of budget preparation for the Contract Year to run concurrently with the up- coming fiscal year. B. On or before February 15 of each year, Johnson County shall transmit to Iowa City a resolution of commitment to fund Johnson County's portion of the operating costs of the Library for the Contract Year which commences on July 1 of that year, which portion shall be determined in accordance with this Agreement. C. On or before March 15 of each year, Iowa City shall adopt a final Library budget for the upcoming Contract Year. In its adoption of a final Library budget, the City Council will give consideration to any recommendations received from the Board of Supervisors with respect to real state tax askings. Following adoption of the budget, Iowa City will notify Johnson County of the adopted budget amount. Johnson County shall thereupon be obligated to pay its share, as determined herein, of the adopted net budget for the Library's operating costs. D. Subsequent amendments to the Library budget during any Contract Year shall not increase the obligation of the County for financial support, unless mutually agreed to in writing. 10 E. If, subsequent to adoption and certification of the Iowa City and Johnson County budgets, federal or state action reduces revenues budgeted by those local governments, either party shall have the right to terminate this Agreement during a window of 30 days following such federal or state action. F. The parties acknowledge that Johnson County may fund multiple city libraries. It is mutually agreed that total county library funds in any one contract year shall not exceed those produced by a levy rate greater than three cents (.03) above the prior contract year. The amount to be contributed by Johnson County under this contract shall be reduced, if necessary, on a pro -rata basis with all other city libraries, so as not to exceed the .03 levy rate increase limitation. V. MISCELLANEOUS One member of the Library Board of Trustees shall be a resident of the unincorporated area of Johnson County and shall be appointed by the Mayor, upon the approval of the Board of Supervisors. Applicants shall submit applications for this position to the Board of Supervisors, who shall give copies to the City Council along with the Board's approved appointment. -5- This Agreement shall be filed with the City Clerk of Iowa City and the County Auditor of Johnson County, Iowa. Dated this day of , 2011. CITY OF city , IOWA JOHNSON COUNTY, IOWA By B Y Pat Harney Mayor Chairman, Board of Supervisors Attest: J — Attest: City rk County Auditor Approved by: City Attorney's Office LIBRARY BOARD OF TRUSTEES By r 1 By In EXHIBIT A FUNDING FORMULA (Example for FY 2013) Total proposed revenue for FY2013: $ Minus Anticipated Fines, Fees and Sales: $ Minus Anticipated Cable Chargeback (If applicable): $ Equals Real Estate Property Tax Askings: $ Percentage circulation attributable to County residents: FY 2010: % FY 2011: % FY 2012: % Times three year average percentage circulation of County residents: Equals County portion of tax askings for FY 2013: $ EXHIBIT B INFORMATION TO BE PROVIDED TO JOHNSON COUNTY The library will provide mid -year and annual reports to Johnson County for each contract year. The mid -year report will be delivered to the County by February 1 of the contract year and the annual report will be delivered by the following August 1. The reports will provide the following information for the respective period: 1. Total library circulation. 2. Total circulation by residents of unincorporated Johnson County. 3. Financial information including revenue and expenses. 4. A summary of major activities and events during the reporting period and major plans for the upcoming period. Iowa City ' = Public Library af 123 South Linn • Iowa City, Iowa 52240 -1820 Susan Craig, Director • Information (319) 356 -5200 • Business (319) 887 -6001 • Fax (319) 356 -5494 DATE: October 20, 2011 TO: Tom Markus, City Manager ov' FROM: Susan Craig, Library Director RE: Proposed Changes to County Contract for Library Services Johnson County has recently reviewed their contracts for library services and the Supervisors have requested several changes to the contract last approved in 2004. These changes are described in a memo to Mayor Hayek from Andy Johnson, Executive Assistant to the Johnson County Board of Supervisors, and reflected in the proposed contract forwarded by Johnson. History/Background Johnson County has contracted for the Iowa City Public Library to provide service to rural residents for many years. In the early 1980s the contract began to use a formula to determine payment based on the percent of circulation accounted for by rural residents, averaged over three years, and taken as a percentage of city tax support for the Library. The contract has been renegotiated multiple times in the last thirty years, most recently in 2004, but the basic formula has not changed significantly. The County also contracts for library service with Coralville, Solon, North Liberty, and Tiffin and provides support for the public library in Oxford as well. During the budget process last year the Supervisors said that they wanted to review the library contracts prior to the budget cycle for FY13. 1 was notified in early October that some changes were proposed. October 6, five area public library directors attended a Supervisors' meeting to discuss proposed changes, and several suggestions were incorporated into the original draft that has now been sent to cities for their approval. I feel that the County pays a fair share for library services because the amount is based on actual use by rural residents. Many, probably most, counties in Iowa make a block grant to libraries and then the libraries create a formula to distribute funding between them. This widely used system allows more arbitrary decision making on the part of the county. Because the contract terms in Johnson County require setting amounts for each library based on actual use, factored with the local library's budget, it is less arbitrary and, I believe, has survived for over thirty years because it is fair to all. Johnson County paid Iowa City $381,180 for library services in FY10, $383,010 in FY11, and will pay $384,021 in FY12. Overall, Johnson County will pay all the public libraries they contract with $643,343 in FY12. Issues I was concerned in 2004 when a clause was added to the contract capping possible rural levy increases to fund library services at a maximum of five cents. In this proposal that cap is reduced to three cents. Had the lower cap been in effect, it would not have altered calculated payments to Iowa City since 2004. 1 understand the County is trying to control spikes in costs, however, their payment is based on the level of use that rural residents make of the Library, which is something we cannot control. However, since there is no evidence that the cap would have any practical effect, I can endorse the new contract overall. If the cap were ever reached Iowa City has the option of requesting the contract be changed or terminating the contract. Recommendation The Library Board will discuss the proposed changes at their meeting on October 27. 1 am recommending that they endorse the proposal. October 19, 2011 BOARD OF SUPERVISORS Pat Harney, Chairperson Sally Stutsman Terrence Neuzil Rod Sullivan Janelle Rettig Mayor Matt Hayek City of Iowa City 410 East Washington Street Iowa City, Iowa 52240 Dear Mayor Hayek: Since at least 2004, the County has had contracts with several area cities, including Iowa City for the provision of library services for residents of unincorporated Johnson County. The system has worked well and Johnson County residents have benefited from the excellent library services provided by Iowa City and other municipalities. After seven years, however, the Board of Supervisors felt that it was prudent to review the contract and determine if any revisions were necessary. Therefore, in March, the County provided notice, as required in the contract, of its intention to terminate the contract. It was explained at the time that the Board of Supervisors did not intend to terminate funding of the libraries but was sending notice only to allow a review of the contract. The Board has reviewed the contract and determined that only minimal changes are desired. Those changes were recently discussed at a Board meeting attended by several representatives of affected libraries. The proposed contract stemming from the Board's review and the discussion with the library representatives is attached. An electronic version with the proposed amendments highlighted has been sent to the City Clerk. The proposed amendments to the contract include: 1. Clarification of the reporting that the library agrees to provide to the County. This is reflected in Paragraph III(D) and Exhibit B. 2. Removal of the requirement that a copy of the library's proposed budget be submitted to the County at the same time it is submitted to the City (Paragraph IV(A) in the terminated contract). This provision was removed at the request of the libraries. 3. Changing the deadline for submission of the library's funding request from January 15th to January 8th (Paragraph IV(A)). The Board would like to see an earlier date but understands that some cities may not have determined the library's budget prior to that date. 913 SOUTH DUBUQUE STREET, SUITE 201 ♦ IOWA CITY, IOWA 52240 -4207 ♦ PHONE: (319) 356 -6000 ♦ FAX: (319) 356 -6036 Mayor Matt Hayek October 19, 2011 Page 2 4. Changing the cap on the amount of annual levy increase that can be attributed to the libraries (Paragraph IV(F)). The former contract provided that if the total amount proposed by all the libraries in the County caused the rural levy to increase more than five cents, the payments to the libraries would be reduced on a pro -rata basis with all the libraries so as not to exceed the five cent limitation. The County proposes to reduce the maximum levy increase to three cents. Attached is a review of the County's payments to libraries since Fiscal Year 2007. The levy has not increased over three cents during those years while the County funded the libraries at the contractual amount. The Board of Supervisors has reviewed this contract and is prepared to approve it as soon as it is reviewed and approved by the Iowa City Council and the Iowa City Library Board of Trustees. Since the new contract makes minimal changes to the system that has been in place for a number of years, the Supervisors are hopeful that all of the participating communities will approve the contract as presented. If additional changes are requested or negotiations are required, we will work to set up a meeting of the interested parties as soon as possible. Feel free to contact me if you have any questions regarding this matter. Yours truly, Andy Johnson Executive Assistant cc: Tom Markus, City Manager Susan Craig, Library Director Robin Paetzold, Iowa City Board of Library Trustees r -iZWOO C a 0 0 x 0 cr O W W O Cb Cn CD � r O O O O O V _ r m v `D CD 3 O CD O O lw " r.9 W N EA W EA co co W O WY V W AO w N ODD 4A Ln N 0 OD N -� O N V CT D) O N N W O W OD OD 00 O) N O W O " O V N O N O O W N" O O V N CO O V OD O— V �I 7 O 09 69 n i- K) W"M -A 0 W P (n O Cn V W W W CD 00 W O W O w V CU OO O) N -• -P O V -i Cn O O V W O -• O fD 0 O W A <A W 7 O O Cn O O W 0 O O CO O O O CU OOODOO W N 0 0 0 0 0 0 0 w 69 " W C) O CA EA %A W V EA N O w O) O W (D P) V V N 7 —� W W ODOO� C) ODOOO O W O V W O CO N. N 5* N O O O W 0 C) V O ? 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