The URL can be used to link to this page

Home My WebLink About2006-03-30 Youth Advisory Committee YOUTH ADVISORY COMMISSION AGENDA March 30,2006 7:00 pom. - 8:30 pom. Harvat Hall, City Hall 410 East Washington Street I) Approve minutes 2) Elect Temporary Chair 3) Discussion with City Attorney 4) By-Laws Subcommittee Report 5) Scheduling introductions with City Council a. Proclamation b. National Youth Service Day (April 21-23) co Earth Day do Project 6) Discussion of five top themes/projects 7) Public Discussion 8) Set Next Meeting Minutes Youth Advisory Commission March 23, 2006 -7:00 P.M. Harvat Hall- City Hall DRAFT Members Present: Ziegenhorn, Bleam, Subramanian, Stubbers, Nelson, Keranen Members Absent: Abboud Kamps Staff: City Clerk Karr, and Temporary Staff Joelle Osterhaus (Mayor Intern) Others Present: City Council Liaison Correia Recommendations to Council: None INTRODUCTIONS Staff introduced themselves and distributed handouts. Osterhaus presented power point presentation. Karr asked if commissioners retrieved electronic packet information and briefly reviewed the electronic manner of distribution. With the exception of Subramanian, everyone requested electronic packets only. PERSONAL STATEMENTS -Jackie Stubbers is at the University of Iowa as a psychology and exercise science major and wants to get the youth ofIC to understand the role of the City Council. She feels uninformed after living in Iowa City 2 years and thinks that everyone should have the opportunity to know what goes on, what the council does and is here for "putting it in Layman's terms". -Michael Nelson is at the University of Iowa as a Finance and Biology major (was pre-med) and feels he has a lot to offer the commission. In high school he was a part of a committee that gave monies to various non-profits. He helped to form the committee and did a lot with non-profits and wants to bring that experience and knowledge here to the youth ofIC. -Audrey Keranen is a sophomore in High School and an environmentalist. She would like to make IC a greener place. She wants to set up recycling centers/receptacles at shelters in the park or sporting venues. Also, she would like to recycle cell-phones, she is aware the city recycles computers already. She is also seeking to create a smoking ban or partial smoking ban at bus stops and playgrounds because second-hand smoke at playgrounds may not be the best idea. She states she was full of ideas and is looking forward toward working with this group. Youth Advisory Commission March 23, 2006 Page 2 -Sarah Ziegehom is a junior at City High and she wants to promote not only awareness ofthe city government and how it affects the youth in IC but also making the youth in IC aware of what goes on in the community and the various community service opportunities available. -Maison Bleam is a freshman at the University ofIowa and is a political science major and business administration minor. He feels there is a lot of apathy among the age group that the commission is targeting and wants to seek to raise awareness and get them involved. -Subha Subramanian is an II th grader at Iowa City West High and is really involved in Student Government and through that role feels aware of the great ideas for youth in IC and wants to give them a way to establish their voice and ideas. She wants to get the youth ideas flowing between the adults and youth. -Audrey Keranen commented that since most commissioners were interested in raising awareness perhaps a way to do that would be through a web site that would appeal to their age bracket and would be a way in which youth could correspond with the commission by filling in comment boxes or other mode. Perhaps that would be an easy and effective way to bring in ideas. ICE BREAKER ACTIVITY All commissioners present, liaison, and staff participated. After the activity Osterhaus introduced the following questions: ~ "What is a youth advisory board?" }> "Are commissioners a part of something bigger?" ~ "What is your purpose?" ~ "What will this look like?" Commissioner Subramanian said that she felt they had brought different experiences together and so they were part of something bigger, as was seen by the ice-breaker activity. Commissioner Keranen said the purpose was to be the voice of Iowa City Youth. Commissioner Bleam said the commission would be used to access the city council. - Commissioner Keranen said that she thought it would look professional once things get going. Osterhaus read the mission of the Youth Advisory Commission as stated in the resolution passed by City Council when they-were established. She mentioned it was a work in progress, noted the article included with handouts "American Youth Commission Movement" and encouraged commissioners to read it. Youth Advisory Commission March 23, 2006 Page 3 OVERVIEW OF YOUTH COMMISSIONS ACROSS THE UNITED STATES Osterhaus reviewed examples from across the country of Youth Commissions, their purposes and activities/accomplishments. She encouraged Commissioners to examine purposes of the noted commissions and their relationship to their accomplishments, for insight on fine-tuning their own purpose or creating a vision on whereto go. Commissioners discussed specific accomplishments noted in the examples, questioned how events were managed, and stated different areas and area interests may have driven the events. Council liaison Correia and staff discussed the variety of job fairs and related events. Osterhaus mentioned that recognizing the uniqueness of Iowa City is important to the shaping of the mission and activities of this commission. Commissioners were encourages to look into the youth commission examples presented as well as others. Osterhaus noted the ICPL, CPL, Neighborhood Centers (disproportionate minority confinement), School governments, Chamber of Commerce Youth Leadership program that currently exist, and encouraged youth to take advantage of the opportunity to learn from those different entities and network with them. Commissioner Keranen noted that UA Y may have begun their own volunteer Advisory Board, but Commissioner Subramanian noted that as a member of that new Advisory Board she'd say that it was not like the IC government Youth Advisory Commission but was volunteers meeting together and synthesizing their services, providing support to one another, and working on outreach. Osterhaus explained the purpose ofa vision map (contained in the handouts) and it's dynamic, living nature. She stated that it could be a tool for collecting ideas and tracking progress. Commissioners were provided time to draw a vision map/ideas and share them. -Commissioner Subramanian shared the idea of having a Brother/Sister program for IC homeless youth in Ie. She wishes to inspire positive views toward government. Also liked the idea of a youth cafe and youth voting booths because want to have active participation from youth in government. -Commissioner Bleam shared ideas about college-aged student housing concerns and the desire to promote positive neighborhood relations. He also liked the website idea of a digital drop-box. Bleam also mentioned that he wanted greater participation in general. -Commissioner Ziegenhorn shared ideas about an all-ages club without drugs and alcohol. She felt her ideas were more about informing youth and especially about volunteerism. -Commissioner Keranen agreed about the teen club because it isn't offered in a practical manner at present. She is also interested in more biking lanes, and the dangers, especially in areas where there aren't sidewalks. She is also interested in giving trees to local schools on Arbor Day. She reiterated her idea to ban smoking on playgrounds. Keranen also noted that the cell-phone recycling would be excellent to donate to soldiers in Iraq. She also likes the idea of a baby-sitters co-op system as her mother had done. Lowering the voting age on local elections is an interest as well. Liaison Correia noted a Youth Advisory Commission March 23, 2006 Page 4 movement already underway for school board elections. Commissioner Ziegenhorn mentioned that there was some lobbying done by students in this area. -Commissioner Keranen continued that she'd like to see recycling centers in parks and sporting venues. She shared her personal experience in trying to recycle at Kinnick stadium. Keranen thinks a small group of people should be able to do this. Southeast Jr. High Environmentalist club also same results. Commissioner Bleam encouraged Keranen to talk to the new UISG administration about her concern as they would certainly help her out. City Clerk Karr also mentioned that a component of this may be considering the fact that local booster clubs do clean-up after sporting events at Kinnick. -Commissioner Keranen also noted her concern about the health ofthe Iowa River. Mentioned that there were a lot of neglected paths, for example, Willow Creek. Noted the strength onc local businesses and wanted to ensure their safety, teach small- business ownership management, give subsidies, to ensure that they stay despite corporate businesses. Lastly wanted to get a public artIcommentlwriting wall as she'd seen before. Many commissioners noted that those in the past were not "pretty" and language was hard to control. Commissioner Keranen did agree that this would be something to consider in terms of regulating that space. -Commissioner Nelson mentioned he was very interested in the mini grants for area youth projects and groups. Also wanted to expand the alcohol-free entertainment, such as expanding the summer music in the Pedestrian Mall to appeal to youth audiences. Also wants to see more youth entering into relationships with homeless. Commissioner Ziegenhorn mentioned that something like having dinner with the homeless was being done this weekend. - Commissioner Nelson also expressed concern that drunk-driving happened too often here and would like to see more efforts to cease that. -Commissioner Stubbers agreed with Commissioner Keranen on river clean-up, even if only on a small scale because can relate to observations via rowing team. Also agreed with recycling idea, even at University level, and wants to raise awareness about where the recycling center in IC is. Also thinks the Volunteer Fair would be very important. Wanted to mix youth cafe, club, and teen art center into one youth center. Wanted to have a City Council youth day where youth in IC can come meet them and hear about what they do. Thinks it would be great if they were more accessible. CONCLUSIONS Staff finished presentation with a few questions/things to think about as they proceed. By-laws - Liaison Correia talked about the Planning and Zoning Commission and Parks and Recreation by-laws distributed as part of the handouts. She noted that until by-laws are in place, no action can be take; mentioned the major items within a typical set of by- laws; and laid out the process for how by-laws are created, approved, and where a commission can go from there. City Clerk Karr encouraged the by-laws be like a skeleton to ensure flexibility and then it could evolve, expand, and amend if needed. She discouraged by-laws being too defined; referenced the by-law examples to see a variety and general shape. She reassured commissioners they need to start somewhere and staff Youth Advisory Commission March 23, 2006 Page 5 is available to assist, and encouraged commissioners to ask questions. Established point that staff are back-up, facilitators, research, but said that commissioners would be the ones to determine officers, and so forth. Committee for by-laws was established by volunteers, Bleam and Stubbers who would return with a draft for discussion next week. Scheduling - City Clerk Karr stated the in the remaining time the next meeting should be scheduled, noting it may take time to firm up a permanent schedule. Summer schedules may also be flexible. Commissioner Keranen wanted to meet more frequent than monthly at first. Commissioner Bleam offered bi-weekly. Commissioner Stubbers questioned the best days of the week to meet. After input from everyone, Tuesday and Thursday evenings were thought to be good, and Tuesdays may conflict with Council meetings so it was determined to stay with Thursdays. After input from commissioners it was decided that it would be next week, March 30'h, 2006 at 7:00 P.M. Agenda items - City Clerk Karr stated that election of a temporary chair would be the first item of business at the next meeting. Liaison Correia offered ideas for bringing in heads of departments and other commissions so that awareness could be raised according to their aforementioned interest. It was decided to wait on these presentations until the Commission had a better since of goals. City Clerk Karr provided information on open meetings and quorum issues, noting four members of the City Councilor Youth Advisory Board discussing business would be a quorum and would require meeting notice. Additional items identified for the March 30 agenda include: introduction of Commission members to the City Council; a possible proclamation in accordance with the Youth Service Day(s); presentation by the City Attorney on meetings and Roberts Rules of Order. City Clerk Karr announced the agenda would be out no later than next Wednesday in accordance with State open meetings laws. In response to Commissioner Bleam, City Clerk Karr stated minutes would be prepared by staff until the Commission had a time to discuss by-laws, officers, etc. She noted some commissions elect a secretary from their membership to do their minutes while others rely on staff. She encouraged discussion of this matter at a later time. Liaison Correia reminded that minutes will be accepted by City Council. City Clerk Karr noted that all City Boards and Commissions do an annual report in late summer. This commission will be a 'mini' or shortened one, and could include accomplishments thus far such as by-laws, setting vision and goals, presentations and meeting staff. Start working on it as early as June for due date in August. Meeting adjourned 8:40 P.M. Prepared by Osterhaus and Karr. ~ o "<il '" "s a o U Q'D 00 ",0 "~ N ;> . ~f1 ,.c,.c'D 'S c..> 0,) o ~ ~ ;.-,;21>-< = .~ ~ .~ 0 8u '""' 8~'D ., ..... o <:> CIl u""~ ~ C'u ~ = oZ ~ .~ < "" ..... ., ;>~;.-, ., "Oz ;2 <"" ~ ;SE-< =E-< 0< ;.-, ..., N ~ ..., ~ .8 ~I>-<~ ,,"x;;:; E-<""N - x x t- o ~ - '" ~ N - x ~ x o 'D o ~ - '" ~ N - 'D t- o 0 ~ ~ - - '" '" ~ ~ N N - - = = .~ "" .... = "" 0 CIl ~>>5 ..= 8 <.,=.==CIlCll Z .... CIl CIl ~...= .... "Cl 50.< a.. ~~ ~ = ,';l CIl'~ = = <....ooNoooo "0 '" = ., 5 ~ ~ 8 r.t:l..c );j: .- ~ ;;""'..c CIS <<I Q.) r:;1<~~~ x t- o ~ - '" ~ N - ., .S '" - .... ., ., =-= 0'-= ~,E! ...,00 x "0 ., .... '" ., = -= u b1l" .. = " ~.- Q.l iJ....";:;o'Z~ = = = ., ., ., ., " CIl lI':I rIJ: (I;l ~ .... ~..c..c 0 0 I>-<<<zz II II II II II xo~~ oz 'D o ~ - '" ~ N - "al = CIl 0 ..= '" u_ .~ ., ~z ;.. ~ YOUTH ADVISORY COMMISSION ADDITIONAL PACKET MATERIALS HANDED OUT DURING THE MEETING By-Laws - The Iowa City Youth Advisory Commission I! I -!~~~*r~ ::~ -~., ......... ...~ em Of 10\\'A ern Written: March 30'", 2006 Artic1e I - Name Th~ Iow~_qity Youth A~visory Commission By-Laws The official name of the organization shall be The Iowa City Youth Advisory Commission. Artic1e II - Purpose The Iowa City Youth Advisory Commission is organized exc1usively for empowering, engaging, and fostering Youth participation in its local community. More specifically to provide a .sounding board. for youth issues affecting the Iowa City community. Article III - Membership Shall consist of seven [7] members appointed by the City Council. All members shall be residents of Iowa City. Seats shall be filled accordingly to the requirements, asset below. . Two [2] persons appointed to the age fifteen-seventeen [15-17] seats for two [2] year terms. . Two [2] persons appointed to the age eighteen-twenty-one [18-2lJ seats for two (2] year terms. . Two [2] persons appointed to the age fifteen-seventeen seats for [lJ year terms. . One rn person appointed to the age eighteen-twenty-one (18-2lJ seats for a one ~ year term. Article IV - Meetings Section A: Section B: Section C: Section D: Section E: Section F: Article V - Elections Section A: Section B: Section C: Article VI - Officers Shall be run in accordance will the most current edition of Roberts Rules of Order. Quorum must be attained before business can transpire; thus, five [5] commissioner present at anyone time shall constitute that a quorum have been achieved to conduct business. Notice of official Commission meetings require a week's notice to it membership, and needs to be in accordance with Iowa Open Meetings Laws. The date/location/time of meetings shall be set by the Chairperson of the Commission [subject to approval by the Commission members] in conjunction with the City Clerk, in compliance with Ordinances of the City of Iowa City, the laws of the State of Iowa, and in accordance with the Iowa Open Meetings Law. Special meetings may be called by the Chairperson, or by a consensus of two-thirds [2/3] of the sitting membership of the Commission. Meeting shall be held. but not limited to, bi-monthly meetings, at an agreed upon time/location/date. Elections of new officers to a term will occur as the first item of business, at the first meeting of the Commission, for the New Year. Officers will be elected by a majority vote of the sitting commission membership. Terms of all officer positions shall be for one (~ year, but all persons are eligible for re-elections. Officers of the Commission shall consist of, but not limited to, Chair, Vice-Chair. and Secretary. Article VII - Duties Chair: Shall preside and convene regularly scheduled Commissions meetings, Shall direct the business of the Commission, Shall work in conjunction with the Council liaison and City Clerk to facilitate all work of the Commission in accordance with the City of Iowa City Ordinances and State Laws, Shall appoint all committees, and appoint other posts within the Commission, except those already mandated. Vice-Chair: Shall chair all committees on special subjects, except as as designated by the Chair, Shall assist the Chair in all work of the Commission, Shall oversee all work of the Commission; provide ideas, and projects, for the Commission to undertake. Secretary: Shall be responsible for keeping the minutes, records, and correspondence of the commission, Shall send out announcements, and prepare materials for each meeting, Shall assist the Chair and Vice-Chair in their activities, Shall assure all records are maintained, Shall work hand-in-hand with the City Clerk. Article VIII - Vacancies, Resignations, Dismissal Section A: All absences, resignations shall be submitted to the Commission's Chair and Secretary who will then forward it on to the respective people. Section B: Dismissal shall occur after three [~ unexcused absences. Section C: Prior notice to the Chair, City Clerk. or Secretary shall be sufficient for an excused absence. Sections D: All other instances that may arise which are not covered in these by-laws shall be left to the discretion of the Iowa City Council. Article XI - Committees The board may create various committees as needed. The Chair shall appoint all committee members. subject to approval by the rest of the commission. Article X - Amendments Section A: These by-laws may be amended when necessary by two-thirds [2/~ majority of the Commission membership. Proposed amendments must be submitted to the Chair, and secretary, a day in advance to a scheduled meeting. All changes are subject to approvel by the Iowa City Council. Section B: Section C: These By-Laws of the Iowa City Youth Advisor Commission were approved at the meeting of the Commission on Chair: Secretary: Advisor: City Clerk: City Council Liaison: I ~ 1 ~--....~... ~~W;!:~ ~... _IIII'~ ...... ... CITY OF IOWA CITY MEMORANDUM Date: March 29, 2006 From: Youth Advisory Commission (\ \ 11/ Eleanor M. Dilkes, City Attorney ,\)Y Open Meetings, Public Records and Commission Meetings To: Re: As an advisory board to the City Council, the Youth Advisory Commission (YAC) is subject to the Iowa Open Meetings law. In addition, records generated by the Commission and individual commissioners come within the purview of the Iowa Public Records act. I will be present at your meeting on March 30 to provide you with an overview of these two laws. This memo will touch on some highlights and pitfalls. 1. Open meetinas. To summarize, under the open meetings law a "meeting" of the YAC occurs anytime a quorum (a majority) of the members of the YAC are discussing Commission/City issues. All "meetings" must be preceded by at least 24 hours' public notice in accordance with the requirements of the law, the meeting must be open to the public and minutes of the meeting must be kept. If a quorum of YAC discusses City business without following these rules, the law has been violated and individual members are subject to penalties. 2. E-mail communications between Commission members raise significant issues under Iowa's open meetings law. The open meetings law is applicable to electronic communications. If a majority of YAC members are simultaneously communicating electronically about City business a meeting may occur. Just as a telephone conference call between a majority of you would be considered a meeting, so would an internet or e-mail communication in which a majority are participating. Because of the capacity for instant communications provided by electronic mail, e-mail communications may rise to the level of a "meeting." While there is no governing authority in Iowa (the Supreme Court has not addressed this issue), cases in other jurisdictions suggest that the question of whether a meeting has occurred turns on how simultaneous the comrnunications among a majority of the group have been. To determine whether a violation of the open meetings law has occurred, any such occurrence would have to be examined on its own facts. However, due to the instantaneous nature of e- mail communication, you should be very cautious when communicating bye-mail. The best practice is to rely on city staff to transmit information of interest to other Commission members. 3. Public records and e-rnails. With limited exceptions, all electronic and written communication to you and frorn you on business related to the City or the Commission is a "public record" subject to disclosure upon request by any person. The fact that the communication is made from or received on a personal computer does not make it "private" or "confidential" or shield it from an open records request. Again, there is no controlling authority in Iowa. However, the cases in other jurisdictions that have addressed the issue have determined that the determination of whether an e-mail to or from a commission member is a public record turns on the content, not the location, of the e-mail. Commission members' replies to e-mails from the public should advise the senders that their e-mail communications and the Commissioner's responses may be public information. 4. "Public discussion" item on the Commission aaenda. Occasionally, members of the public may address the Commission when "public discussion" comes up on the agenda. This is the Open Meetings, Open Records & Commission Meetings March 29, 2006 Page 2 time for the YAC to listen. It is not a time for Commissioners to discuss the matter brought to you by that person. In the event it appears there is interest on the part of the Commission to discuss the item, the Chair should take an informal poll of the Commission to see if the matter should be scheduled as an item on a future agenda. I will be present at your meeting on March 30 to discuss these and other issues. In addition, feel free to give me a call at 356-5030 if you have questions. cc: Marian Karr, City Clerk Amy Correia, Council Liaison Joelle Osterhaus, Mayor Intern eleanorlmemfyoulh open mlgs.doc Table of Contents Introduction. . . .. . . . . . . . . . . . . . . . . .. . . . . . .. . . . . . . . . . . . .. .. . . . 1 Meetings Generally. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2 Public Notice and Agendas.. . .. . . . . . . . . . . . . . . . . . . . . . . . . .4 Meeting Procedures and Minutes. . . . . . . . . . . . . . . . . . . . . . . .6 Electronic Meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 Closed Meetings Generally. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 Notice for Closed Meeting............................. .11 Closed Meeting Procedures and Minutes. . . . . . . . . . . . . . 13 Closed Meeting on Personnel Issue................... .15 Enforcement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Iowa League of Cities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20 *******PROVIDED BY IOWA LEAGUE OF CITIES******* Published August 2005 7 Open Meetings Questions & Answers The purpose of this publication is to provide general guidance on the Iowa Open Meetings Law, Code of Iowa Chapter 21. This law requires meetings of governmental bodies to be open to the public. Cities often have questions about the applicability of this law to day-to-day city business. The information contained here is designed to be general in nature and docs not constitute legal advice. Ifthere are specific legal questions about open meetings requirements, the city should contact the city attorney. The Iowa Open Meetings Law favors openness, so situations where the applicability of the law is unclear should be resolved on the side of openness. Meetings Generally The Iowa Open Meetings Law applies to governmental bodies, including city, county and state government and others, such as some nonprofits. Governmental body refers to a "board, council, commission or other governing body." The law also applies to "an advisory board, advisory commission, advisory committee, task force, or other body created by statute or executive order of this state or created by an executive order of a political subdivision of this state to develop and make recommendations on public policy issues." For cities, this law applies to the city council, as well as entities such as the planning and zoning commission, the board of adjustment, library board and the park and recreation commission. A meeting is "a gathering in person or by electronic means, formal or informal, of a majority of the members of a governmental body where there is deliberation or action upon any matter within the scope of the governmental body's policy-making duties." To have a meeting, a quorum (or majority) of the governing body must be present and there must be discussion or deliberation on city business. Vacant positions must be included when calculating the number of council members that must be present for a quorum. Examples: If a jive-member council has two vacancies, it needs a majori- ty of the jive (all three current members) to be present in order to hold a meeting. If a regular meeting is held and only two members of a jive- member council attend, the meeting cannot take place. A gathering of members of a governmental body for purely ministerial 2 to or social purposes when there is no discussion of policy or no intent to avoid the requirements of the open meetings law is not a meeting. Example: Three council members of a five-member city council attend the same high school football game. They do not need to avoid each other, but should not get together during the game to discuss city business, this would constitute a meeting. Q: Are committee meetings that include the mayor and two council members supposed to be open meetings? This question has to be answered on a case by case basis. Because the law applies to bodies "created by an executive order of a polit- ical subdivision of this state to develop and make recommenda- tions on public policy issues," this may include committees estab- lished by executive order of the council. Example: A city council passes an ordinance to establish a budget com- mittee, consisting of the mayor, two council members and the city finance officer. It may be argued that this committee would be subject to open meetings requirements and an opinion should be sought from the city attorney on whether or not that is the case. Q: Are work sessions or retreats where the council discusses, but does not take any action on items, subject to the open meetings requirements? Yes, if a majority of the council is present and they are discussing or deliberating on city business. The fact that the council is delib- erating on city policy is enough to make the gathering a meeting, it is not necessary that they take action or vote. 3 / Public Notice and Agendas Meetings of governmental bodies must be preceded by public notice. Public notice is given by delivering a copy of the public notice to those in the media who have requested it and by posting the public notice in a prominent place in the city office. Many cities post notice on a bulletin board in city hall or on the door. If the city does not have a city hall, they can post notice in the build- ing where the meeting will be held. Public notice must give: - Time, date and place of the meeting - The tentative agenda for the meeting Public notice must be given at least 24 hours prior to the meeting. Q: When posting the agenda, what needs to be listed and in how much detail? The agenda should list the items the council intends to discuss and intends to act upon. There is no clear definition on what is enough information, therefore, if in doubt, give more rather than less information. Whether or not the detail provided in a tentative agenda is sufficient must be viewed in the context of surrounding events, therefore exhaustive detail is not required. Example: An agenda item of "water" may not be enough information to tell the public that the council will be discussing an amendment to an ordinance increasing water rates. On the other hand, it is not necessary for the agenda to include the wording of the entire ordinance. 4 f( Q. Can cities hold meetings with less than 24 hours notice? Yes, if it is not possible or practicable to give 24 hours notice. The law requires as much notice as possible. If an emergency situation requires a meeting with less than 24 hours notice, give as much notice as can be given, but in any event, give at least some notice. The city must justify its reason for not giving proper notice in the minutes of the meeting. The city must also justify its action if it holds a meeting at a place not reasonably accessible or at a time not reasonably convenient to the public. Example: A levee breaks and the city is being flooded, the council may need to have an emergency meeting to hire a contractor to come in and repair the levee immediately The minutes of the meeting need to explain why the council held a meeting without providing 24 hours notice. Q. Can the council amend the agenda once the council meet- ing has started? It is not advisable to amend the agenda after a council meeting has started. The council shall provide 24 hours notice to the public on what will be discussed at the meeting. If an item is added to the agenda less than 24 hours prior to a meeting or at a meeting, the public may contend that proper notice was not given. Example: During the public forum, a citizen complains about dogs running at large and suggests the council pass an ordinance at that meeting to address the problem. The mayor or presiding officer should defer the discussion and action to the next council meeting or suggest a special meeting be called if there is an immediate need to address the issue. It is not a good idea to move forward with discussion and action on an item that was not on the agenda. 5 1 Meeting Procedures and Minutes A meeting occurs when a majority of the council gathers to dis- cuss city business. If a quorum of members of the governing body is not present, a meeting cannot be held. Most city attorneys also feel the requirement for a quorum is extended to public hearings. Q: Can a council member who will not be present at a meeting send in their vote with another council member or tell the clerk to record their vote a certain way? Although state law does not explicitly prohibit proxy voting, it is not advisable for a council member to vote by proxy. Sending in a vote and not participating in the discussion at a meeting denies the public access to whatever information or discussion led a council member to vote in a certain way. Additionally, had a council mem- ber attended the meeting, they may have been presented with information that would have caused them to vote differently. Example: Council member Smith will not attend the council meeting but tells council member Jones that the city clerk should record Smith as a "nay" vote for the water rate ordinance. The public was not privy to any discussion or information that led Smith to vote "nay", so this may be problematic under the requirements for open meetings. Q: The minutes have to record the vote of each council mem- ber. Does this mean a roll call vote is required on each action of the council? The procedure to record the vote of each member is to either take 6 10 a roll call vote or to determine each member's vote in some other manner. The method is not as critical as the fact that each council member's vote is recorded. Example: Some cities may use an electronic voting system that records each council member s vote. Some mayors or clerks may be adept at pick- ing up on how each council member voted during a regular voice vote or may request that council members raise their hands to vote. Q. Do citizens have to be allowed to participate in a meeting or can cities have rules regulating the public attending a council meeting? The public can use cameras or recording equipment to take pho- tos, movies, recordings, etc. of any open session. Although many cities provide time for public input, it is not a requirement of council meetings. It is advisable to provide a time for public com- ment in order to allow citizens to give feedback and have input in their city government. There are specific situations that require the city to hold a public hearing (prior to adoption of the budget, for example). The purpose of a public hearing is to solicit public input on the proposed action, so receiving public comment is a require- ment. Cities can make rules of conduct for their meetings to ensure the meetings are orderly. The mayor or presiding officer is responsible for enforcing these rules. Example: A city might offer a "public comment" agenda item and limit each person to jive minutes, requesting that they state their name and address, etc. 7 // Electronic Meetings A city can hold a meeting by electronic means if it is either impos- sible or impractical for a council member to attend in person and only if it complies with all of the following rules: _ Public access to the conversation of the meeting has been pro- vided to the extent reasonably possible. _ Minutes are kept of the meeting and explain why a meeting in person was impossible or impractical. Example: On a jive-member council, one city council member is out of town on business, one council member is ill and the council has one vacant seat. The city cannot hold a meeting without a quorum and they need to meet so they can conduct city business. In order to have a quo- rum, the council member that is out of town calls in and participates in the meeting via speakerphone. The minutes must explain why it was nec- essary to hold this meeting electronically. Q: When council members communicate with each other by email, is that considered a meeting? If a majority of council members are simultaneously communicat- ing electronically about city business, a person may challenge that they are actually conducting a meeting and therefore violating the open meetings law if the meeting was not announced and open to the public. City officials need to be very cautious engaging in electronic communications, whether that be by phone or email. 8 / d-- Closed Meetings Generally A closed meeting is a meeting of a governmental body that is closed to public access, meaning that neither the general public nor the press can be present at that meeting. A city councilor other body can close a meeting only for very specific reasons described in law. The law favors openness so before closing any meeting, the city should consult the city attorney. The Code Section 21.5 allows for eleven reasons to hold closed sessions. Some of the common reasons used by cities include: to review or discuss records which are required or authorized by state or federal law to be kept confidential, to discuss strategy with counsel in matters that are presently in litigation or where litiga- tion is imminent and specific law enforcement matters. Cities can also close a meeting to discuss the purchase of particu- lar real estate only where premature disclosure could be reason- ably expected to increase the price the governmental body would have to pay for that property. The qualification with this exemp- tion is that the minutes and the tape recording of a session closed under this paragraph need to be available for public examination when the transaction discussed is completed. The most common reason cities hold a closed meeting is to evalu- ate the professional competency of an individual whose appoint- ment, hiring, performance or discharge is being considered when necessary to prevent needless and irreparable injury to that indi- vidual's reputation and that individual requests a closed session. 9 /_3 Q: Are there any meetings of a governmental body that are exempt from the open meetings requirements? Yes. A meeting to discuss strategy in matters relating to employ- ment conditions of employees of the governmental body who are not covered by a collective bargaining agreement under Code Chapter 20. A city considering holding a meeting of this sort should seek the guidance of the city attorney. Note: This exemption is only for the purpose of discussing strategy. Therefore, action involving employment conditions must be taken at a meeting that complies with the open meetings requirements. For this purpose, "employment conditions" means areas included in the scope of negotiations listed in Code Section 20.9. Examples: Insurance, holidays, leaves of absence, shift differentials, over- time compensation, supplemental pay and seniority. Q. Does the city clerk have to be present during a closed ses- sion to take minutes? No. If the clerk is not present, the governing body must appoint someone to perform this function. Q: Can persons other than members of the governing body be present during a closed session? Yes, provided that governing body authorizes their presence. Q: Do persons other than members of the governing body have an absolute right to be present at a closed session? No. 10 pi Notice for Closed Meeting The meeting must begin in open session with a call to order and a roll call. In order to go into closed session, there must be a motion to hold a closed session that is approved by two-thirds of the members or all those present. The minutes must record the votes of individual council members on the question of holding a closed session. In addition, the motion and minutes must state the exemp- tion under Code Section 21.5 that permits a closed session. No business can be discussed during the closed session that does not directly relate to the specific reason for the closed session. Upon completion of the closed session, a motion and vote must be taken to end the closed session and return to open session. Final action must be taken in open session. Q: Does a closed session have to be listed on the governing body's agenda? Generally, yes. The legislative intent underlying the Iowa Open Meetings Law is that this law should be construed or applied in favor of openness. Therefore, if a closed session is anticipated, the fact that there is to be such a session should be made known by setting forth the topic for the closed session and the fact that a closed session will be held on the agenda. 11 r' /--:) Q: Does every closed session have to be listed on the govern- ing body's agenda? No. If, during an open meeting, a topic comes up which may be considered during a closed session and which could not reason- ably have been anticipated at the time notice of the agenda was given, then it would be appropriate to proceed to closed session from the open meeting. 12 I?- Closed Meeting Procedures and Minutes When holding a closed session the governmental body must keep the following: _ Detailed, written minutes of all discussion, persons present, and action occurring during the closed session. - A taped record of the entire closed session. The minutes are sealed and must be kept by the governmental body for a period of at least one year from the date of the meeting at which the closed session was held. Q: Is there any situation which will result in the sealed detailed minutes and the tape recording of a closed session becoming unsealed? Yes, but only if a lawsuit is brought to enforce the provisions of the Iowa Opening Meetings Law, then upon order of court, they must be unsealed and examined by the court. The court has to bal- ance what adverse consequences may result from public disclosure against the value of information that is contained in the minutes or on the recording to determine whether to disclose any portion of the closed session. Q: If a member of a governing body is absent and the govern- ing body holds a closed session, can that member listen to the tape recording of the closed session? Yes. The member who is absent still remains a member of the gov- 13 Ii erning body. The member has a right to be informed of discussion and action that occurred during his or her absence. The fact that the detailed minutes and tape recording of a closed session are not open to public inspection does not preclude a person who would otherwise have been privy to such records, except for an absence from later listening to the tape or reviewing the minutes. If Closed Meeting on Personnel Issue One of the most common reasons cities hold closed meetings is to discuss a person's appointment, discharge and performance. In order to hold a closed session for this reason, the person who is being discussed must request a closed session. The city may want to alert the person of this privilege or the individual might unknowingly waive their opportunity for a closed session. Q: If a person who may request a closed session in fact makes such a request, must the request be granted? No. The law provides that a governing body may hold a closed session for certain specific purposes. It does not require that such a session be held. Q: Can job interviews be conducted during a closed session? Yes. However, the person being interviewed must request the closed session. Example: The city plans to hire a city administrator. The city has nar- rowed their list of candidates to three they plan to interview. The city may alert the candidates of their option for a closed session. If the candidate requests a closed session for the interview, the city could proceed with a closed session. 15 /1 Q: When a closed session is held to discuss employment issues involving a specific employee, is the employee required to be present during the session? Not all attorneys agree whether or not the employee requesting a closed session needs to attend the closed session, so if a city is presented with this situation, they should seek the guidance of the city attorney. Q: Can a closed session be held to discuss salaries in general for the upcoming year? No. There is no express authority in the Iowa Open Meetings Law for such action. Therefore, under the policy prescribed by the Iowa legislature, this matter must be resolved in favor of openness. )t Enforcement The courts enforce the Iowa Opening Meetings Law. Any aggrieved person, the attorney general or the county attorney can bring a lawsuit to enforce this law. The burden is on the city to prove they complied with the law. Q: What happens if the court finds that there has been a vio- lation of the open meetings requirements? The court must assess each member of the governing body that participated in the violation an amount not more than $500 and not less than $100. Each such member must be ordered by the court to pay all costs and reasonable attorney fees to the party who successfully established a violation of the law. The court must void any action taken in violation of the law if the lawsuit for enforcement is brought within six months of the viola- tion and if the court finds that the public interest in enforcing the policy of the Iowa Open Meetings Law outweighs the public inter- est in sustaining the validity of the action taken in the closed ses- sion. The court cannot, however, void the issuance of bonds or other evidence of indebtedness of a governmental body if a public hearing, election or public sale has been held regarding the bonds or evidence of indebtedness. If a member of the governing body has engaged in a prior viola- tion of the open meetings requirements for which damages were assessed during the member's term, the court must issue an order 17 J-( removing the member from office. The court may also issue a mandatory injunction, punishable by civil contempt, ordering the member of the governing body to refrain from any future violations of the open meetings require- ments for one year. Q: Can a person charged with a violation of the Iowa Open Meetings Law claim they did not know the provisions of the law? No, ignorance of the law is not a defense. / // / / ~, "_Ii \ "~f1l1.L ~:.... 18 -) ., rL Q: What are the defenses against being held individually liable for violations of this law? 1. Voting against the closed session. This demonstrates the importance of recording the vote of each council member. 2. Had good reason to believe and in good faith believed facts which, if true, would have indicated compliance with all the requirements of this chapter. 3. Reasonably relied upon a decision of a court or a formal opin- ion of the attorney general or the city attorney. This demon- strates that cities need to obtain a written opinion from the city attorney before holding any closed session. Q: Do members of governing bodies need to be provided with information about the Iowa Open Meetings Law? Yes. The appropriate commissioner of elections must provide this information to the elected members of governmental bodies. Also, the authority that appoints members of governing bodies must pro- vide this information. Example: The county auditor must provide this information to mayors and city council members. When city councils make appointments to boards or commissions or to fill a vacancy on the council, they must provide this information to their appointees. 19 ~.~ '" ./ ."'1 "- Iowa League of Cities The Iowa League of Cities is a nonprofit association of city gov- ernments in Iowa. The League provides a variety of informational resources to its members. Municipal Leadership Academy (MLA) Tailored to newly elected officials, the League's Municipal Leadership Academy prepares attendees for participation in city government. This intensive, four-part series gives new leaders the tools they need to succeed in public office. Web Site The League's web site,www.iowaleague.org, is an excellent resource for cities. It contains legislative information, frequently asked questions, a database of grants, a calendar of events, work- shop information and League publications. Contact information for League staff and links to state agencies, the Code of Iowa and other useful sites are also included. Technical Assistance Once a city official takes office, the Iowa League of Cities will provide assistance by answering questions and providing informa- tion. Membership services staff is available to answer questions from cities of all sizes facing a variety of challenges. Ongoing Training The League holds a variety of training events throughout the year. Annual workshops cover city budgets, issues facing small cities and a variety of other topics. Each fall, the League holds an annu- 20 ,) '1' al conference offering the most current, relevant information to city officials. Advocacy League staff advocates city policy positions to members of the Iowa Legislature, and monitors federal issues. City officials should participate in advocating local government positions. League publications help local officials stay abreast of important issues, making them informed voices when speaking to legislators. The City Voices em ail list is another valuable tool for sharpening advocacy skills. The League's annual Legislative Day invites city officials to the Capitol to meet legislators en masse after receiving an update on key issues. Publications The League provides a variety of publications to cities. Cityscape is a monthly magazine with articles designed to inform and edu- cate city officials. During the legislative session, the League pub- lishes a biweekly Legislative Bulletin. A biennial directory of cities in Iowa, a municipal salary and benefits survey and an annu- al report are also available. 2 )