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2015-07-23 Info Packet
Ak n CITY COUNCIL INFORMATION PACKET CITY OF IOWA CITY www.icgov.org July 23, 2015 IP1 Council Tentative Meeting Schedule JULY 27 CONFERENCE BOARD IP2 Agenda and meeting packet JULY 27 WORK SESSION IP3 Work Session Agenda IP4 Memo from Development Services Coordinator: Potential redevelopment of City -owned surface parking lots IP5 Memo from Equity Dir. and City Clerk: Board and Commission Application Process IP6 Memo from City Clerk: KXIC Radio Show IP7 Pending Work Session Topics MISCELLANEOUS IP8 Article from Council Member Throgmorton: The Safest Streets IP9 Memo from City Attorney: Wage Theft — Cook County Ordinance IP10 Bar Check Report— June 2015 IP11 Civil Services Entrance Examination: Maintenance Worker I -Water Customer Services IP12 Civil Services Entrance Examination: Custodian —Government Buildings IP13 Copy of letter from WestRock: Notice of WestRock's decision to close Iowa City Assembly plant IP14 Copy of Press Release: City Council Listening Posts IP15 Invitation: It's Time —Resolving Racial Disparities in Johnson County Youth Systems DRAFT MINUTES IP16 Community Police Review Board: July 20 IP17 Public Art Advisory Committee: June 4 2011. CITY OF IOWA CITY Date Monday, July 27, 2015 07-23-15 City Council Tentative Meeting Schedule SP1 Subject to change July 23, 2015 Time Meetina 5:00 PM City Conference Board Work Session Meeting 7:00 PM Special Formal Meeting Tuesday, August 18, 2015 5:00 PM Work Session Meeting 7:00 PM Formal Meeting Location Emma J. Harvat Hall Emma J. Harvat Hall Tuesday, September 1, 2015 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting Tuesday, September 15, 2015 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting Tuesday, October 6, 2015 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting Monday, November 30, 2015 1-6:30 PM Work Session Meeting Ashton House Strategic Planning and Orientation (Previously distributed as IP3 of 7/16/15 Information Packet) OFFICE OF THE IOWA CITY ASSESSOR JOHNSON COUNTY ADMINISTRATION BUILDING BRAD COMER ASSESSOR MARTIN BURKLE CHIEF DEPUTY MARY PAUSTIAN DEPUTY July 14, 2015 Dear Conference Board Member: The meeting of the Iowa City Conference Board for the public hearing on the Iowa City Assessor's amended FY 2016 budget is scheduled for Monday, July 27, 2015 at 5:00 P.M. at the Iowa City City Hall. Enclosed for your review before the meeting are: 1. The Agenda. 2. A copy of the May 19, 2015 minutes. 3. A copy of the FYI 6 Amended Itemized Budget. If you have any questions about the budget please feel free to phone me at the office at 356-6066 or at my home at 530-0681. Sincerely, Brad Comer Iowa City Assessor 913 SOUTH DUBUQUE STREET • IOWA CITY IOWA 52240 TELEPHONE 319-356-6066 IP2 The Iowa City Conference Board Agenda Monday, July 27, 2015 5:00 P.M The Iowa City Assessor's Conference Board will meet at 5:00 P.M. Monday, July 27, 2015 at the Iowa City City Hall, 410 E. Washington Street, Iowa City. The purpose of this meeting is to hold a public hearing on the Iowa City Assessor's amended budget for FY 2016. /_NA " 1. Call meeting to order by the Chairperson. 2. Roll call by taxing body. 3. Act on minutes of May 19, 2015 Conference Board meeting. 4. Public Hearing on FY 16 Budget 5. Assessor Evaluation Committee Membership. 6. Other business. 7. Adjournment. Brad Comer Clerk, Iowa City Conference Board IOWA CITY CONFERENCE BOARD MINUTES May 19, 2015 City Conference Board: May 19, 2015 at 5:00 P.M. in the Council Chambers at the Iowa City City Hall, Mayor Matt Hayek presiding. Iowa City Council Members Present: Botchway, Dickens, Dobyns, Hayek, Mims, Payne and Throgmorton. Johnson County Supervisors Present: Harney, Neuzil and Sullivan. Iowa City School Board Members Present: None. Others Present: Comer, Markus, Fruin, Voparil, Dilkes. Digital Recording: May 19, 2015. Chair Matt Hayek called the meeting to order and Clerk Comer called roll and stated that a quorum was present. The schools, having no members present will not have a vote recorded The County (Sullivan) moved to accept the minutes of the last Conference Board meeting, March 9, 2014, the City (Throgmorton) seconded and the motion carried 2/0. Chairman Hayek asked for the recommendation of the Assessor salary committee made up of Mims, Neuzil and Kirschling (School). Mims spoke on behalf of the committee presenting their recommendations of $100,000 for the Assessor, $85,000 for the Chief Deputy and $80,000 for the Deputy. Discussion followed about what information was reviewed. Comer mentioned his concern of the recently promoted Chief Deputy Assessor receiving a smaller salary than if he had remained the Deputy Assessor and received the typical cost of living and merit increase. The City (Mims) moved to approve the amended budget for publication and set the public hearing for July 27, 2015 with the salaries as follows: Assessor - $100,000, Chief Deputy $86,200 and Deputy $80,000. The motion was seconded by the County (Harney) and passed unanimously 2/0. Comer reminded the Conference Board that each body should assign a member to the Assessor Evaluation Committee. The City has designated Dobyns to the committee. The County and School will assign committee members at the next meeting. There being no further business it was moved by the City (Botchway) and seconded by the County (Neuzil) to adjourn at 5:21 P.M. Motion carried unanimously by voice vote. Brad Comer Clerk, Iowa City Conference Board IOWA CITY ASSESSOR'S OFFICE ITEMIZED BUDGET - ASSESSMENT EXPENSE FUND EMPLOYEE EXPENDITURES FY 2015 FY 2016 INCREASE SALARIES Current Proposed CITY ASSESSOR 103,340 100,000 -323% CHIEF DEPUTY ASSESSOR 87,610 86,200 -1.61% DEPUTY ASSESSOR 82,480 80,000 -3.01% REAL ESTATE/GIS SPECIALIST 56,290 58,830 4.51% APPRAISER (NEW CONSTRUCTION) 49,230 51,260 4.12% OFFICE MANAGER 50,880 53,170 4.50% APPRAISER (REAPPRAISAL) 52,160 54,510 4.510/6 MERIT INCREASES (have been added to salaries above) (4,620) - SUBTOTAL $481,990 $483,970 0.4 t% Proposed salaries include merit increases and cost of living adjustments. EMPLOYEE BENEFITS EMPLOYER SHARE: FICA 40,024 39,849 -0.44% EMPLOYER SHARE: IPERS 46,721 46,505 -0.46% HEALTH INSURANCE 116,000 121,000 4.31% SUBTOTAL 202,745 207,354 2,27% TOTAL EMPLOYEE COST $684,736 $691,324 0.96% OTHER EXPENDITURES LEAVE CONTINGENCY $25,000 $20,000 -20.00% BOARDS BOARD OF REVIEW 16,200 16,800 3.70% BOARD OF REVIEW EXPENSES 200 200 0.00% CONFERENCE BOARD 0 30 0 30 0.00% EXAMINING BOARD SUBTOTAL $16,430 $17,030 3.65% OFFICE EXPENSES MILEAGE & AUTO 4,500 4,500 0.00% OFFICE SUPPLIES 3,500 3,500 0,00% POSTAGE 7,000 1,500 -78.57% TELEPHONE 1,300 1,300 0.00% PUBLICATIONS & SUBSCRIPTIONS 700 700 0.00% PRINTING 5,000 1,000 -80.00% INSURANCE 4,200 4,600 9.52% EQUIPMENT PURCHASE 3,400 3,400 0.0090 EQUIPMENT MAINTENANCE 200 200 0.00% UNEMPLOYMENT 2,000 2,000 0.00% DATA PROCESSING SERVICES 18,000 18,000 0.00% SOFTWARE MAINTENANCE 21,000 18,000 -14.29% BONDS & WORKER'S COMPENSATION 1,600 1,700 13.33% AUTO REPLACEMENT 12,000 - -100.000/0 COMPUTER REPLACEMENT 2,500 2,500 0-00% SUBTOTAL $86,800 $62,900 -27.53% PROFESSIONAL EXPENSES SCHOOLS & CONFERENCES 13,000 13,000 0.00% DUES 2,000 2,000 0.00% SUBTOTAL $15,000 $15,000 0.00% TECHNICAL SERVICES LEGAL FEES & EXPERT WITNESSES 52,000 52,000 0.00% AERIAL PHOTOGRAPHY 10,000 20,000 100.009/0 APPRAISAL SERVICE 1,000 1,000 0.00OA SUBTOTAL $63,000 $73,000 15.87% TOTAL OTHER EXPENDITURES $206,230 $187,930 -8.87% SUBTOTAL EXPENDITURES RESERVES AUTO REPLACEMENT TOTAL RESERVES TOTAL ASSMT EXPENSE FUND BUDGET $890,966 $879,254 0 3,000 $ - $ 3,000 $890,965 $882,254 -0,98% 1 1 1 ,Am=iAQ �® CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX www.icgov.org City Council Work Session Agenda Monday, July 27, 2015 Emma J. Harvat Hall - City Hall 410 E. Washington Street 5:00 PM ■ City Conference Board Meeting [Separate agenda posted] ■ Questions from Council re Agenda Items ■ Council Appointments [Agenda # 15] ■ Discuss Planning and Redevelopment of City Owned Surface Parking Lots ■ Board and Commission Application Process ■ Information Packet Discussion [June 18, 25, July 2, 9, 16, 23] ■ Council Time ■ Meeting Schedule ■ Pending Work Session Topics [IP # 7 Info Packet of 7/23 info packet] 0 Upcoming Community Events / Council Invitations r ��_,,® ul CITY OF IOWA CITY IP4 %Ml MEMORANDUM Date: July 23, 2015 To: Tom Markus, City Manager From: John Yapp, Development Services Coordinator 7% Re: Item for July 27 Work Session: Potential redevelopment of City -owned surface parking lots Background Staff has been approached by developers interested in developing two City -owned parcels which are currently being used as surface parking lots. The parcels include the parking lot north of City Hall and east of the Unitarian Church property, and the parking lot east of the Recreation Center. The parking lot north of City Hall is used by City fleet vehicles (Police, Fire, Inspections, and other City vehicles) and for employee parking. The parking lot east of the Recreation Center is used for employee parking, visitors to the Recreation Center, and Parks and Recreation vehicles. Both parcels are part of the three block area informally known as the 'civic district' bounded by Burlington St, Gilbert St, Van Buren St and Iowa Ave. Prior to staff engaging in more serious discussions with prospective developers of these parcels, we wanted to broach the topic of mixed-use development of these parcels with the City Council. We have asked the prospective owner of the Unitarian Church parcel, who is interested in the City parking lot parcel east of the Unitarian Church, to present a development concept at the July 27 Work Session. Development interest in the property east of the Recreation Center was publicized in 2013. Introduction The IC2030 Comprehensive Plan sets forth a general vision and a broad set of goals to guide future development within the City. It includes a Future Land Use Map with general designations of appropriate land uses and density of development in relation to available infrastructure, City services, environmental conditions, and surrounding land uses. With the exception of the property at the NE corner of College St / Gilbert St, which the Future Land Use Map identifies as appropriate for commercial development, this area is identified on the Map as being appropriate for public/semi-public uses. The parking lots are currently zoned Public. Development of this area is guided only by the IC2030 Comprehensive Plan. It is not included in any of the more detailed district plans — it is located between the Downtown and Riverfront Crossings Master Plan district to the west and the area governed by the Central District Plan to the east. One of the first steps necessary to be able to consider any private development on these parcels is a Comprehensive Plan amendment to reflect the appropriateness of non-public uses on these parcels. Discussion Surface parking lots in a downtown setting are underutilized properties both financially and in terms of activity. In terms of vibrancy and activity, surface parking lots are particularly inactive during the overnight hours when they are largely 'dead space.' By their nature, surface parking lots are designed for vehicles as opposed to people. While the surface parking lots provide a July 23, 2015Page 2 valuable function in providing off-street parking, Iowa City's zoning code restricts surface parking lots in the downtown in favor of higher -density mixed-use development and centralized parking structures - this pattern of development is intended to foster pedestrian -oriented, higher - density development which can take full advantage of being in a downtown setting with the transit, pedestrian, and street -life activity that a downtown provides. Encouraging mixed-use development (office, commercial, and residential uses) over surface parking lots is part of what makes for a successful downtown, including Iowa City's. For these reasons, staff believes the opportunity to engage in a public-private partnership to develop surface parking lots for mixed uses is worth exploring. Parking lot north of City Hall and the Unitarian Church As has been reported in the media, the Unitarian Church congregation has purchased land in Coralville with the intent to construct a new church and has put its current facility at the corner of Iowa Ave and Gilbert Street up for sale. The Church property is currently zoned CB -5. The prospective owner of the church is interested in discussing a larger development that would include the City property and preserve the Church. The Church structure is of an age and condition that it would qualify as a historic landmark property (it is not designated as a historic landmark currently). It is consistent with City Comprehensive Plan policies to encourage preservation of historic properties, and staff suggests that with any contemplation of development of the City property preservation of the church structure be a goal; the market indicates that without some allowance for development of the larger parcel adjacent to the Church, it is unlikely the Church will be preserved. The legislative mechanism necessary to designate the Church as a historic structure is a Historic Landmark designation, which is a rezoning process. The office addition on the south side of the church does not likely qualify as a historic landmark - there may be an opportunity to work with the potential owner of the church property to allow for some expansion of City Hall (such as Fire Station #1) into this area as a part of redevelopment of the larger area. For example, pull-through bays for Fire trucks is a priority for the Fire Department, as is the ability to move more of their offices and sleeping quarters onto the same level as the Fire vehicles. Parking lot east of the Recreation Center The City has also received interest in redevelopment of the surface parking lot east of the Recreation Center, as was publicized in local media in 2013. The interested developer proposed constructing a building elevated over the parking lot, preserving most of the public parking that currently exists. A mixed-use building with a commercial use on the College St level, with residential units above, was proposed. Before any rezoning and development could be contemplated on the parking lot east of the Recreation Center, the Comprehensive Plan would need to be amended to reflect mixed uses on this site. Summary Prior to staff engaging in more serious discussions with the prospective developers of City - owned surface parking lots, we wanted direction from the City Council. If the City Council is open to the idea of redeveloping these parcels, the first step would be to pursue a Comprehensive Plan amendment to reflect allowing mixed uses on these three blocks. While the recent proposed comprehensive plan amendment identifying the three block area as appropriate for Civic/Mixed Use development ultimately failed, the public process which started last fall (including an open house, collection of public input via a webpage and at numerous Planning and Zoning Commission and City Council meetings) generated public input that will be useful to staff in developing a draft plan amendment. July 23, 2015Page 3 Staff's suggestions for goals based on the planning process to date would include: • Preservation of the Unitarian Church structure • Required parking for residential uses being provided on-site; Existing supply of parking should be maintained to the extent possible through the use of structured parking • Any rezoning application for these parcels will be considered on its merits and conditions may be imposed as appropriate to address public needs created by the rezoning. • With any development of City -owned property, the City should work toward incorporating public goals such as historic preservation, affordable housing, improved streetscapes, etc. • Buildings should incorporate space for public uses such as meeting rooms, area for Fire Department expansion (for the Iowa Ave parking lot), public office space, community rooms As noted, the potential developer of the parking lot north of City Hall will be at the July 27 work session to present a concept for that property. The City Council should be prepared to discuss in general the idea of allowing mixed-use development on the City -owned surface parking lots, and whether or not staff should proceed with a Comprehensive Plan amendment application. Cc: Doug Boothroy, Director, Neighborhood and Development Services Department Bob Miklo, Senior Planner Geoff Fruin, Assistant City Manager Eleanor Dilkes, City Attorney Sara Hektoen, Assistant City Attorney Mike Moran, Director, Parks and Recreation Department r CITY OF IOWA CITY 07-23-15 1P5 MEMORANDUM Date: July 23, 2015 To: Mayor and City Council From: Stefanie Bowers, Equity Director Marian K. Karr, City Clerk Re: Board and Commission Application Process Introduction: This memo addresses concerns relating to the policies governing the board and commission application process identified by staff during the redesign of the City's board and commission application process. The redesign seeks to make the application process easier and more streamlined. Staff identified two policy concerns that Council should consider addressing before the City's busy board and commission recruitment and application season fires up this fall: (1) how prohibited family relationships are defined, and (2) how board and commission reappointments are handled by Council. The memo offers proposed solutions and makes recommendations. History/Background: City boards and commissions provide advice and assistance to the City, and in some instances, perform certain statutorily assigned tasks. As of the summer of 2015, the City has seventeen (17) boards and commissions. See Exhibit 1 (List of City Boards and Commissions). Some boards and commissions are required by State law, while others are not. I. Historical Approach to Family Relationships Because of board and commission members' role as independent advisers, it is important that members of City boards and commissions be able to exercise independent, unbiased judgment in addressing the issues that are before them. To this end, the City has historically adhered to policies prohibiting certain familial relationships between board and commission members and Council members. In 1985, Council passed Resolution No. 85-354, which established a formal policy making the following persons ineligible for appointment to City boards and commissions: (1) spouses and relatives of current City Council members; (2) current City board or commission members, and (3) members of comparable county boards or commissions. See Exhibit 2 (Resolution No. 85- 354). "Relatives" of a current Council member is defined in Resolution No. 85-354 as follows: • Spouse • Child • Mother or Father • Mother-in-law or Father-in-law • Brother or Sister • Brother-in-law or Sister-in-law • Step -father, Step -mother, or Step -child • Aunt or uncle July 23, 2015 Page 2 This formal policy has governed the permissible family relationships for board and commission members for over thirty (30) years. During the intervening years, concepts of family relationships have evolved and changed. Therefore, Council should revisit the definitions of family relationships that are permissible in the context of board and commission members. II. Historical Approach to Reappointment Reappointment to city boards and commissions is governed by informal policies that generally result in the reappointment of an incumbent. While it is important for board and commission members to gain experience, it is also important to draw new applicants to City boards and commissions. New members bring fresh perspective, diversity and qualifications that are valuable. Staff has observed that new applicants are often discouraged from applying for boards and commissions when it appears that incumbents are preferred. This has an adverse impact on achieving greater racial / ethnic diversity on city boards and commissions which is a part of the 2014-15 Strategic Planning Council Priorities. Discussion of Solutions: I. Family Relationships: Consider Redefining and Expanding Definitions of Prohibited Family Relationships City staff is required to define family relationships in contexts outside of the board and commission application process. A useful example is found in the City's personnel manual, which prohibits employment of "immediate family members" of certain City staff. The personnel manual defines "immediate family members" of City employees as follows: • Spouse • Domestic partner • Partner by cohabitation • Children, step -children, and children for whom the Council member assumes parental responsibility • Mother or father • Mother-in-law or Father-in-law or Daughter-in-law or Son-in-law • Grandparents or grandchildren • Aunts or uncles • Nieces or nephews • First Cousins • Foster parents or children • Persons who are parents of the same child • Persons whom the Council member is in an intimate relationship Council could adopt a new formal policy that expands the definition of immediate family in accordance with the City personnel policy. Additionally, Council could grandfather in current board and commission members that are not in compliance with the new formal policy. II. Reappointment: Consider Options for a More Rigorous Reappointment Process There are several ways to approach reappointment to ameliorate the problems that sometimes leads to stagnation on City boards and commissions. First, Council could adopt a formal policy stating that each application will be considered without regard to incumbency. If reappointed, an individual could be limited to one reappointment to increase opportunities for new applicants to apply. July 23, 2015 Page 3 Second, Council could shorten the terms on certain board and commission positions so terms are no greater than 3 years. This would increase turnover and give new applicants more opportunities to apply. Some boards and commissions have terms set by State law and would not be subject to shortened terms. See Exhibit 1. Recommendations: Council should adopt by resolution a new formal policy that redefines and expands the definitions of prohibited relationships to be consistent with the City's current personnel policy, as outlined above. Board and commission members that are actively serving in violation of this expanded policy as of the date the Council resolution adopting the policy should be grandfathered in until the beginning of the next appointment. Council should adopt by resolution a new formal policy that addresses the reappointment process for current board and commission members. Ill. Council could direct staff to shorten terms on certain board and commissions to no greater than 3 years. Exhibit #1 Required by State Law Airport Commission Required by: Section 330.20 of the Iowa Code Required Length of Term by State: 3-6 years Required # of Members by State: 3 or 5 Length of term by City: 4 (Section 13-1 of the City Code) # of City Members: 5 (Section 13-1-2 of the City Code) Duties: Manage and control the Airport; all the powers granted under Code of Iowa Airport Zoning Board of Adiustment Required by: Section 329.12 of the Iowa Code Required Length of Term by State: 5 years Required # of Members by State: 5 (Council appoints 2, County appoints 2, and the 4 select the 5th member) Length of term by City: N/A # of City Members: N/A Duties: Hear and decide cases, exception, and variances of Airport Zoning Code Airport Zoning Commission Required by: Section 329.9 of the Iowa Code Required Length of term by State: 6 years Required # of Members by State: 5 (Council appoints 2, County appoints 2, and these 4 select the 5th member) Length of term by City: N/A # of City Members: N/A Duties: Recommend amendments to and adoption of Airport zoning regulations Assessors Examining Board Required by: Section 441.3 of Iowa Code Required Length of Term by State: 6 years Required # of Members by State: 3 (Council appoints 1, County appoints 1, ICCSD appoints 1) Length of term by City: N/A # of City Members: N/A Duties: Holds examinations for the position of assessor and hears appeals of firing or suspension of a deputy assessor by the assessor. Board of Adiustment Required by: Sections 414.7 and .8 of the Iowa Code Required Length of term by State: 5 years Required # of Members by State: 5, 7, or 9 Length of term by City: 5 years (Section 14-7A-2 of the City Code) # of City Members: 5 Duties: Grants variances and special exceptions as provided in the Zoning Code and hears appeals of administrative decisions. Page 2 of 4 Civil Service Commission Required by: Section 400.1 of the Iowa Code Required Length of Term by State: 4 years Required # of Members by State: 3 Length of Term by City: N/A # of City Members: N/A Duties: Approves all Police/Fire entrance and promotional examinations used by the City of Iowa City; holds hearings involving employee discipline, discharge or reduction in rank or compensation. Historic Preservation Commission * Required by: Section 303.34(3) of the Iowa Code Required Length of Term by State: Local decision Required # of Members by State: Minimum of 3; also there must be at least 1 member from each historical district Length of term by City: 3 years (Section 14-7A-3 of the City Code) # of City Members: 12 (Section 14 -7A -3A) Duties: Conducts studies for the identification and designation of Historic Districts, Historic Landmarks and Conservation Districts ; reviews and acts upon all applications for Certificates of Appropriateness; furthers the efforts of historic preservation in the city by making recommendations to the City Council. Human Rights Commission * Required by: Section 216.19(2) of the Iowa Code Required Length of term by State: Local decision Required # of Members by State: Local decision Length of Term by City: 3 years (Section 2-2-3 of the City Code) # of City Members: 9 (Section 2-2-3 of the City Code) Duties: Investigate complaints based on violations of the City Human Rights Ordinance; disseminates information to educate the public on illegal discrimination and civil rights; makes recommendations to the City Council for such further legislation concerning discrimination. Library. Board of Trustees * Required by: Section 392.5 of the Iowa Code Required Length of Term by State: Local decision Required # of Members by State: Local decision Length of Term by City: 6 years (Section 11-1-2 of the City Code) # of City Members: 9 (Section 11-1-2 of the City Code) Duties: Directs and controls all the affairs of the Library Planning & Zoning Commission * Required by: Section 414.6 of the Iowa Code Required Length of term by State: Local decision Required # of Members by State: Local decision Length of Term by City: 5 years (Section 14-7A-1 of the City Code) # of City Members: 7 (Resolution No. 04-273) Duties: Makes or causes to be made surveys, studies, maps, plans or charts of the whole or any portion of the City and any land outside which in the opinion of the Commission bears relation to a comprehensive plan; recommends to the City Council amendments, supplements, changes and modifications to the zoning ordinance. * REQUIRED BY STATE LAW BUT LENGTH OF TERM DETERMINED BY CITY Page 3 of 4 Not Required by State Law Appeals. Board of Established/Created by: Ordinance (Section 17-12 of the City Code) Length of Term: 5 years # of Members: 5 Duties: Holds appeal hearings; and determine the suitability of alternate materials and methods of construction and provide for reasonable interpretation of the International Building Code, International Residential Uniform Plumbing Code, National Electrical Code, International Mechanical Code, International Fire Code, Dangerous Building Code, and the Iowa City Housing Code. Housing & Community Development Commission Established/Created by: Resolution No. 95-199 Length of Term: 3 years # of Members: 9 Duties: Aassesses and review policies and planning documents related to the provision of housing, jobs, and services for low and moderate income residents; reviews policies and programs and make recommendations to Council concerning the Public Housing Authority and the Community Development Division re the use of public funds to meet the needs of low and moderate income residents; actively publicizes community development and housing policies and programs; seeks public participation in assessing needs and identifying strategies to meet these needs; and recommends amendments, supplements, changes, and modifications to the Iowa City Housing Code. Parks & Recreation Commission Established/Created by: Resolution No. 95-3 Length of Term: 4 years # of Members: 9 Duties: Recommends and reviews policies, rules, regulations, ordinances and budgets relating to parks, playgrounds, recreational centers and cultural functions of the city; and exercises broad responsibility for the development of parks, recreation centers, playgrounds and cultural facilities to serve the City, including the creation and appointment of advisory groups to make studies. Community Police Review Board Established/Created by: Ordinance (Section 8-8 of the City Code) Length of Term: 4 years # of Members: 5 Duties: Reviews police policies, procedures, and practices, and may recommend modifications; receives complaints and issues reports prepared after investigation of complaints about alleged Iowa City police misconduct. Public Art Advisory Committee Established/Created by: Resolution No. 97-326 Length of Term: 3 years # of Members: 7 (Council appoints 5 and 2 are City staff members) Duties: Administers the Public Art Program by determining the placement of public art, the type of art to be used in a specific project, and the artist to be engaged; overseeing the acceptance of gifts of art; overseeing the maintenance and disposition of public art; and overseeing expenditures of the Public Art Program budget. Page 4 of 4 Senior Center Commission Established/Created by: Resolution No. 03-287 Length of Term: 3 years # of Members: 7 (Council appoints 6 and Commission appoints 1) Duties: Serves in an advisory role to the City Council with regard to the needs of the Senior Center and its participants; makes policy and program recommendations; seeks adequate financial resources for the operation of the Center; encourages full participation by senior citizens; promotes the effective integration of the Center into the community; cooperates with organizations sharing common goals; acts as an advocate with regard to the needs of area senior citizens; and assists the City Manager in the evaluation of personnel. Telecommunications Commission Established/Created by: Ordinance (Section 12-4-3 of the City Code) Length of Term: 3 years # of Members: 5 Duties: Conducts regular meetings and public hearings concerning cable television and on telecommunications -related issues; renders decisions on cases involving disputes between subscribers or potential subscribers and the cable company which cannot otherwise be resolved by those parties or the Cable TV Administrator; reviews and audits timely submission of reports by the cable company to the City as required by the CATV Ordinance; works with the public, the media, the City, and the cable company for the purpose of making recommendations to City Council on various issues; such as: interconnecting the City cable system with other communication systems; promotes community programming; and performs periodic review and evaluation of the cable system. S:boardcommissions/establishmentinformation.doc Exhibit 2 RESOLUTION NO. 85-354 RESOLUTION ESTABLISHING A POLICY THAT SPOUSES AND RELATIVES OF CITY COUNCILMEMBERS, PERSONS ALREADY SERVING AS BOARD OR COMMISSION MEMBERS, AND MEMBERS OF COMPARABLE COUNTY BOARDS OR COMMISSIONS SHALL NOT BE ELIGIBLE FOR APPOINTMENT TO CITY BOARDS OR COMMIS- SIONS. OMMIS- SIONS. WHEREAS, the various City Boards and Commissions have been established to provide advice and assistance to the City, and to perform certain statutorily assigned tasks in some instances; and WHEREAS, it is desirable that the members of each Board or Commission be independent of the City Council, of other Boards and Commissions, and of other local governmental units, and that the members of said Boards and Commissions exercise free and unbiased judgment in addressing the issues and tasks before them; and WHEREAS, this City Council has determined that it would be appropriate and in the best interests of the City of Iowa City to formally establish and adopt a policy regarding eligibility for appointment to City Boards and Commissions so as to assure the necessary independence of said bodies. NOW, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, That it is hereby established, as a formal policy of the City Council of Iowa City, that the following persons shall not be eligible for appointment to Boards and Commissions of the City of Iowa City: 1. The spouse, child, mother, father, mother-in-law, father-in-law, brother, sister, brother -in-law, sister-in-law, step -father, step -mother, step- child, aunt or uncle of a City Councilmember while such member holds office; 2. A current member of a City Board or Commission, unless dual or joint memberships are provided for in the resolution, ordinance, or statute which creates the Board or Commission to which appointment is being made; and 3. A current member of a comparable County Board or Commission, unless dual or joint memberships are provided for in the resolution, ordinance, or statute which creates the Board or Commission to which appointment is being made. Q0c'l It was moved by Strait and seconded by Dickson be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X DICKSON X ERDAHL X MCDONALD X STRAIT X ZU BER Passed and approved this 17th day of December , 1985. YOR ATTEST: CLERK the Resolution P::t� Fvr� �: bp;�r3vad r ; f:.-: s its ,Artm�stt ^p CITY OF IOWA CITY iP6 MEMORANDUM Date: July 23, 2015 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: KXIC Radio Show KXIC offers a City show at 8:00 AM every Wednesday morning. In the past Council has volunteered for dates, and staff filled in as necessary. Please take a look at your calendars and come prepared to help fill in the schedule at your work session on June 16. At your request a complete summer schedule is provided below. Wednesday July 29 — Throgmorton August 5 — Mims August 12 — Mims August 19 — Mims August 26 — Mims September 2 — September 9 — September 16 — September 23 — September 30 — October 7 — October 14 — October 21 — October 28 — November 4 — November 11 (pre-recorded 10am 11/10) — November 18 — November 25 — December 2 — December 9 — December 16 — December 23 — December 30 - In addition we are adding a 7:15 — 7:45 AM the first and third Friday of each month: Friday August 7 — Dobyns August 21 — Mims September 4 — September 18 — Dobyns October 2 — Dobyns October 16 — Dobyns November 6 — Dobyns November 20 — December 4 — Dobyns December 18 — ** Please remember that KXIC is very flexible with taping the Wednesday sessions ahead of the show. It is the intent of the Friday interviews to be live. June 18, 2015 Page 2 U: radioshowasking.doc I -4,t ,S wir®'m� CITY OF IOWA CITY UNESCO CITY OF LITERATURE PENDING CITY COUNCIL WORK SESSION TOPICS July 23, 2015 August 18th, 2015 1. Discuss nuisance and property management standards in neighborhoods 2. Staff presentation on the STAR Community Rating System Pending Topics to be Scheduled 1. Discuss city related marijuana policies and potential legislative advocacy positions 2. Review of the Sensitive Areas ordinance 3. Discuss formation of staff /citizen climate adaptation advisory group 4. Discuss transit route planning framework 5. Review University of Iowa enrollment and housing projections 6. Review sale of alcohol to minors regulations 7. Review sidewalk repair program r IP8 The afest By JAY WALLJASPER Pedestrian fatalities in New York City fell to a historic low after the city pushed to make street .. L dLl' YORK TIMES SMDICHTEMEWS SERVICE + f M M4 00046 We • � OLID eets Vision Zero aims to eliminate all traffic fatalities. EpMORE THAN 4,500 PEDESTRIANS are killed by motor vehicles every year on the streets of the U.S.—a national tragedy surpassing the worst natu- ral or man-made disasters of the last 100 years, including 9/11. Another 68,000 walkers on average are injured every year. The victims are dispro- portionately children, seniors, and people of color, according to a recent re- port from the National Complete Streets Coalition. 17TThis pedestrian safety crisis is even deadlier internationally. More than 270,000 people are killed while walking every year, according to the World Health Or- ganization. J"It's like an airplane falling out of the sky every other day. If that actually happened, the whole system would be ground to a halt until the problem was fixed;' notes Scott Bricker, executive director of America Walks (americawalks.org.), a coalition of more than 500 lo- cal groups working to improve walking. "We need to address this terrible problem with the same urgency." k Meanwhile, more than 700 bicyclists die in traf- fic crashes in the U.S. each year, and more than 45,000 are injured, adding to the body count on the streets. "Where's the moral outrage?" asks Katherine Kraft, a public health expert involved with two leading walking organizations, Every Body Walk! (everybodywalk.org.), a collaborative network of citizens groups, businesses, and health care organizations, and America Walks. !?Un- fortunately, pedestrian and bicyclist deaths (and all traffic fatalities) are viewed as an inevitable side effect of modern life."People accept this as normal, just as 100 years ago most people accepted that women could not vore;' says Gil Penalosa, founder of 8-80 Cities (8-80cities.org), an international or- ganization working to make streets safe for people 6 1 Planning May 2015 of all ages. Yet recent history offers genuine hope for safer streets. A generation ago domestic abuse and drunk driving were seen as sad, unalterable facts of human nature. But vigorous public campaigns to prevent these tragedies have shown remarkable results, offering evidence that destructive human behavior can be curbed when we put our minds to it. JU.S. Secretary of Transportation Anthony Foxx (the former mayor of Charlotte) is making pedestrian and bike safety a major mission with his Action Plan on Bike and Pedestrian Safety. "This is the safest time for transportationin history, ex- cept for pedestrians and bicyclists," he said at the Pro Walk/Pro Bike/Pro Place conference last fall in Pittsburgh. Bicycling and walking, he added, are "as important as any other form of transpo U PEDESTRIAN FATALITY RATE (2003-2010) Per 100.Ooo persons, by race and age AMERICAN INDIAN/ALASKA NATIVE 75 AND OLDER 5S AND OLDER BLACK/AFRICA' AMERICAN XIE1ANIC wNITE, NON-XISPANIC ASIAN/PACIFIC ALANDER /PA ... May 3, 2072 .�.,. - New York City April 22, 2014 _-� Stockholm, Sweden �P,- In response to approximately 4.000 S New Yorkers being -+.`- _-- seriously injured and _ more than no killed in - — traffic accidents annually, a--- -- J MayorBill de Bfasio launched an ambitious program called Vision Zero -a Swedish traffic control strategy that has led to record low /traffic deaths in Swede and made ih2 dUnt,'. streets the safest in the world 73 'For years the message that bicyclists and pedestrians heard has been: You are responsible for your own safety. Walk at your own risk. Bike at your own risk: —ANTHONY FOXX. U.S. SECRETARY OF TRANSPORTATION at the 2014 Pro walk/Pro Bike/Pro Place conference in Pittsburgh. Action Plan on Bike and Pedestrian Safety docsov/orate-poncytranspomtionooiky /secremry%E2%8o%99s-action-plan-biM -ane-pedesman-safety "For years the message that bicyclists and pedes- trians heard has been: You are responsible for your own safety. Walk at your own risk Bike at your own risk" noted Foxx. Paving the way for zero traffic deaths Campaigns to eliminate pedestrian, bicyclist, and motorist deaths are now taking shape around the U.S. This new safety strategy, called Vision Zero, is mod- eled on successful efforts in Sweden, where overall traffic deaths have been cut in half since 2000—mak- ing Swedish streets the safest in the world, according to the New York Times. Pedestrian deaths there have also plunged 50 percent since 2009. Sweden accomplished all this by emphasizing safety over speed in road design, including improved crosswalks, lowered speed limits, pedestrian streets, barriers separating cars from bikes and pedestrians, and narrowed streets, reports The Economist. Sweden takes a different planning approach than many other countries, where "road users are held responsible for their own safety," according to the Vision Zero Initiative website (visionzeroinitiative .com). Swedish policy by contrast believes that to save lives, roads must anticipate driver, bicyclist, and walker errors, "based on the simple fad that we are human and we make mistakes." This is similar to the Netherlands' policy of Forgiving Roads, which has reduced traffic fatalities 18 1 Planning May 2015 VISION ZERO STARTS TODAY `In every situation a person might fail. The road system should not.' LEARN MORE about actions titles can take to make roads less dangerous. visionzeroinitiativecom by 75 percent since the 1970s, compared to less than a 20 percent reduction in the U.S. over the same pe- riod, according to Project for Public Spaces. Making streets safe in New York In New York City, Mayor Bill de Blasio won office in 2013 and promised to reduce traffic deaths—a major concern in a city where someone is killed or seriously injured by a motor vehicle every two hours on average. "The fundamental message of Vi- sion Zero is that death and injury on city streets is not acceptable, and that we will no longer regard serious crashes as inevitable" he wrote in a letter to New Yorkers. A year ago New York's city council passed 11 bills and six resolutions to implement de Blasios Vision Zero Action Plan across marry city depart- ments, including: increased police enforcement for speeding, failure to yield to pedestrians, and dan- gerous driving; a campaign in the state legislature to allow the city to lower speed limits to 25 mph (and 20 mph on some streets), which succeeded last June; safety improvements such as traffic calming, speed cameras, and "slow zones on streets; stricter scm- tiny of taxi drivers safety records; and street safety curriculum in schools. The results, so far, look promising. "In 2014 we had an historic low for pedestrian fatalities"—a 27 percent reduction, says Paul Steely White, emcu- 0 SNE EE R pD cit° M live director of the bike, transit, and walking advocacy organization Transportation Altematives. Bike fatalities, however, were slightly higher. One of New York's biggest problems, according to walking and bike advocates, has been the police department focusing far more resources on street crime than on street safety. But the city's Vision Zero campaign appears to be changing that. Last year, speeding tick- ets were up 36 percent. This year the city's Borough Pedestrian Action Plans target 66 in- tersections, 17 corridors, and six square miles of other "priority" areas in Manhattan, which account for 70 percent of the borough's pedestrian deaths and severe injuries. Comparably dangerous areas were pinpoint- ed in the city's other four boroughs as well. "Vision Zero policies [have] an impact almost im- mediately—it's so results oriented" says Andy Wiley - Schwartz, a consultant with Bloomberg Associates and a former assistant transportation commissioner under former mayor Michael Bloomberg. "it focuses police departments and pub- lic officials on safety." health division, and more than two dozen community organiza- tions. Their mission is to encourage city officials to fix danger- ous intersections and streets; ensure "full and fair enforcement of traffic laws; with an emphasis on curbing dangerous behavior; invest in training and education for all road users, focusing on helping frequent drivers share the road; and eliminate all traffic deaths in the city by 2024. The essence of the plan is 4 Es and a P, says Tim Papandreou, director of strategic planning and policy for the San Francisco Municipal Transportation Agency: engineering, enforcement, education, evaluation, and policy. One major goal for 2015 is fixing the most dangerous streets, since 60 percent of an bicyclist and pedestrian deaths and severe injuries occur on six percent of the streets, according to Tyler Fris- bee, polity director for the San Francisco Bicycle Coalition. SFMTA has committed to 24 projects on Borough Pedestrian Action Pians nK.e"•/nxmi/aoummi /p"aestrianypM-aahb- aceion-o�ensnemi Vision Zero across the country After New York, Vision Zero planning in the U.S. is most advanced in San Francisco, which in 2013 saw a near -record high of 25 pedes- trian and bike fatalities. The Vision Zero Coalition was launched last year by the citizen organizations Walk San Francisco and the San Francisco Bicycle Coalition, and quickly endorsed by the city's board of supervisors, planning department, municipal transportation agency, police department, fire commission, school district, public high -injury corridors over the next two years. Another focus is stricter enforcement of the five traffic infrac- tions that cause most bicyclist and pedestrian injuries: running red lights, running stop signs, violating right-of-way, turning violations, and speeding. The police department has committed to doubling the tickets issued for these violations from 24 percent to 50 percent of all traffic tickets by 2016. "Most people see that these policies really do benefit every- one, Frisbee says. "When they think about it, they really would like their 11 -year-old to be able to walk to the store or [for older people] to walk their grandchildren to the park' Other cities pursuing Vision Zero strategies include American Planning Association 1 19 Vision Zero SF Capital Since the city and county of San Francisco adopted Vision Zero as a policy in 2014, 40 projects have been identified in an effort to complete at least 24 projects in 24 months as part of the Vision Zero Two -Year Action Strategy. This set of 40 projects was selected because the projects were highly visible and located along high -injury corridors for pedestrians and bicyclists. As of March 12, 2015,11 projects had been completed. An interactive project dashboard (right) listing the projects' is available on Vision Zero SF's website (visionzeroef.org/maps-data). - 1 is current list of 40 projects was pulled from the dashboard on March 30, 3015. PROJECT TYPES e Intersection Protect closed D Intersection Project pre Planning/pevelopment e trrcersection project Aclwai)aslgn e Intersectim Project Active, Constrvction O Intersection P"a AcV/ &daVAwaro's = VZ street project street holed[ he-planMfwr evebpment Street Project ACNe, peso, — Streit Pros Active co,sbucdon street project ACYive, Bid and Award 0 High-hbrity hRe,Eection High-hlodty Network Projects SOURCES: VISIONZEROSFORG, ESRI. HERE, DELORME, NGF. USGS Los Angeles, Chicago, Seattle, Pittsburgh, and Port- land Oregon. Promote the lifestyle The gravest danger to walkers as well as bicyclists and motorists is drivers who drive dangerously. According to data collected by the New York City Department of Transportation from 2008 to 2012, "dangerous driver choices" contribute to pedestrian deaths in 70 percent of cases. "Dangerous pedestrian choices are responsible in 30 percent of cases, and joint responsibility in 17 percent of cases. As the old saying goes, speed kills. Two landmark studies, one from the U.S. and one from the UK, found that pedestrians me killed five percent of the time when struck by a car traveling 20 mph; 37 to 45 percent of the time when struck by a car traveling 30 mph; and 83 to 85 percent of the time when struck by a car trav- eling 40 mph. In light of these findings, its scary to realize that traffic on many American roads travels closer to 40 mph than 20 mph. "If we could do one switch to make safer streets, it would be to reduce car speeds to 20 mph; says Scott Bricker of America Walks, "which would reduce pedestrian fatalities by 90 percent." But this means more than changing speed lim- its, according to Charlie Zegeer, project manager at the University of North Carolinas authoritative Pedestrian and Bicycle Information Center. He says, Planning May2015 `Research shows that lowering a speed limit without other improvements like road design changes or improved police enforcement doesrh work to slow traffic—it's the roadway design that affects the speed.' —CHARLIE ZEGEER, PROJECT MANAGER, University of North Carolina's Pedestrian and Bicycle Information Center "Research shows that lowering a speed limit without other improvements like road design changes or im- proved police enforcement doestit work to slow traf- fic—it's the roadway design that affects the speed." Here are a few practical steps to slow speeds, deter distracted driving, and help make walking and biking safe, comfortable, and enjoyable for everyone. This is where Vision Zero's rubber hits the road, and it fits well with the complete streets strategy that has been adopted by a number of municipalities and states: REDUCE THE NUMBER OF TRAVEL LANES on wide streets wherever possible. Downsizing four -lane suburban and urban streets to two travel lanes with an alternating turn lane in the middle has become a popular trend across the country. Not only does this create safer streets, but it lessens noise for residents and creates an opportunity to add sidewalks, bike Imes, and landscaping. (This is known as a road diet, lane reduction, or 2+1 road.) REDUCE THE WIDTH OF TRAVEL LANES. Wide lanes send an unmistakable message to drivers to speed up. MAKE CROSSWALKS AND BIKE LANES MORE VISIBLE. Elevate them above street grade (known as speed tables), or mark them with bright, wide swaths of paint. SEPARATE BIKE LANES ON BUSY STREETS. New York and Washington, D.C., are among the leaders in created protected bike lanes, and both saw bike commuting double in a short period. Protected bike lanes also create more comfortable, enjoyable trips for pedestrians. SHORTEN CROSSWALKS. A shorter trip across an intersection is a safer one. This is done most commonly by extending the sidewalk out into the intersection (known as a curb extension or bulb -out). ADD RAISED MEDIAN ISLANDS IN THE MIDDLE OF BUSY STREETS as a refuge for crossing pedestrians. This has been shown to reduce traffic accidents by 56 percent, according to GB Penalosa of 8-80 Cities. GIVE PEDESTRIANS AND BICYCLISTS A HEAD START AT TRAFFIC LIGHTS. Five seconds will allow pedestrians and bicyclists to enter the intersection first and be more visible to motorists, says Penalosa. Lining up waiting cars a few feet back from the intersection can also be helpful. BAN RIGHT ON RED TURNS AT BUSY INTERSECTIONS. Drivers, busy watching out for other cars, often dont see pedestrians and bicyclists crossing the street on green lights. KEEP THE TURNING RADIUS 90 DEGREES AT INTERSECTIONS. Rounded street corners tempt drivers to turn without stopping or looking for walkers and bikers. INSTALL TRAFFIC CIRCLES, mundabouts, speed humps, raised crosswalks, bike lanes, and other traffic -calming devices, which help motorists drive safely and be more aware of pedestrians and bicyclists. CONVERT ONE-WAY STREETS TO TWO-WAY, encouraging safer, slower driving. PAY CLOSE ATTENTION TO ROAD DESIGNS AT BUS STOPS. Pedestrians often rush across the street to catch a bus, not paying attention to oncoming traffic. CREATE PEDESTRIAN STREETS, BRIDGES, AND UNDERPASSES in busy areas where other measures are not feasible; these help minimize conflict with traffic and make walking and biking more convenient. STRICTLY ENFORCE LAWS against speeding, failure t0 yield to pedestrians, drunk driving, and reckless driving. Injuring or killing people with a car is no less tragic than doing it with a gun. INSTALL RED-LIGHT CAMERAS AND OTHER MEANS OF PHOTO ENFORCEMENT. It's expensive to station a police Car at every unsafe intersection, but technology can nab lawbreakers at a fraction of the cost. Washington, D.C., now uses cameras to detect and fine drivers who fail to yield right-of-way to pedestrians as well as those who speed or run red lights, says Zegeer of the Pedestrian and Bicycle Information Center. ESTABLISH SAFE ROUTES TO SCHOOLS CAMPAIGNS, which bring educators, parents, neighbors, and kids together to find safe, satisfying ways for students to walk and bike to school. SET UP TRAINING PROGRAMS about pedestrian safety for traffic engineers, transportation planners, police, city officials, citizens, and children. All the kids in the Netherlands have three weeks' instruction in the rules of the road at school; notes Penalosa. These pedestrian improvements also typically improve motorists' safety," Zegeer adds. "It's a win -win-win. Everyone's safer." ■ Jay Walljasper, the author of The Great Neighborhood Book, writes, speaks, and consults about how to create safer, sustainable, more enjoyable communities. His website is JayWalljaspercom. GETTING AMERICA BACK ON ITS FEET By Jay Walljasper The number of Americans who regularly walk has jumped six percent since 2005, according to the Centers for Disease Control and Prevention. Meanwhile, bicycling of all kinds rose 11.8 percent between 2006 and 2011 alone, according to the National Sporting Goods Association, and bike commuting has jumped 60 percent since 2000, according to census figures. This is good news because the CDC recommends that adults walk or bike (or engage in other moderate physical activity) 30 minutes a day, five days a week for better health. This goal is based on research showing that moderate physical activity reduces the risk of many major diseases. A recent large-scale study from the UK's Cambridge University finds that lack of exercise is responsible for twice as many deaths as obesity. The U.S. Surgeon General's office is expected to soon release a call to action on walking and walkability, which some are comparing to the 1964 Surgeon General's report on smoking as a potential game -changer in how Americans think about their health. Already a popular slogan now making the rounds warns us that "sitting is the new smoking." Spurred by the impressive health benefits of walking, a diverse network of organizations stretching from AARP to the NAACP to the PTA came together for the fust -ever walking summit in 2013 to champion walking as a solution to our health care crisis as well as a tool for strengthening our hometowns (people out walking heightens the sense of community and security) and as a route to reducing climate change (more folks walking means fewer carbon dioxide emissions). The next summit will be held October 28 to 30 in Washington, D.C. One of the biggest obstacles to walking is fear of being hit by traffic. "We won't increase walkability—which is good for people's and communities' health—until we make the streets more safe and comfortable for walking, warns Katherine Kraft, a public health expert involved with the Every Body Walk! Collaborative and America Walks. Vision Zero, she says, is the path toward a better life in our neighborhoods. These views are confirmed by a detailed 2013 survey of Americans' attitudes about walking, conducted by the GfK research firm and sponsored by Kaiser Permanente, a nonprofit health care system that helped convene the Walking Summit and the Every Body Walk! Collaborative. The survey found that four-fifths of the respondents want streets to be designed for safer walking, and three-quarters want better enforcement of speed limits, even if both strategies result in slower driving. American Planning Association 1 21 t `l IP9 .®r CITY OF IOWA CITY MEMORANDUM DATE: JULY 23, 2015 TO: CITY COUNCIL FROM: ELEANOR M. DILKES, CITY ATTORNEY RE: WAGE THEFT - COOK COUNTY ORDINANCE INTRODUCTION Included in your information packet of March 19 was a reference to an ordinance recently enacted in Cook County, Illinois which prohibits persons found guilty of wage theft from contracting with the County. The ordinance being referred to was the "Cook County Wage Theft Ordinance" No. 15-1232, a copy of which is attached for your information. The ordinance prohibits persons/companies who have admitted guilt or liability or been adjudicated guilty or liable in any judicial or administrative proceeding of committing a repeated or willful violation of the Illinois Wage Payment and Collection Act, the Illinois Minimum Wage Act, the federal Fair Labor Standards Act, or any comparable state statute, from obtaining county contracts, business licenses or property tax incentives for a period of 5 years. At your Council meeting of March 23 1 was asked to review the Cook County ordinance and determine whether Iowa City could pass a similar ordinance consistent with the State Code. I have previously communicated with a couple council members and members of the public regarding the limitations on the City's ability to pass ordinances regulating the rights and obligations of Employers and Employees regarding the payment of wages. This memo will provide my opinion on the specific Cook County ordinance as well as review the "home rule/preemption issue" so that Council has that background as well. ISSUE May the City pass an ordinance similar to that adopted in Cook County, Illinois which would prohibit persons/companies who have admitted guilt or liability or been adjudicated guilty or liable in any judicial or administrative proceeding of committing a repeated or willful violation of the Iowa Wage Payment Collection Law, the Iowa Minimum Wage Law, the federal Fair Labor Standards Act, or any comparable state statute, from obtaining city contracts, business licenses or property tax incentives for a period of 5 years? CONCLUSION The City Council has the legal authority to enact legislation to require that persons/entities with whom the City contracts or provides discretionary tax incentives be free of any willful or repeated violation of the Iowa Wage Payment Collection Act, the Iowa Minimum Wage Act, the federal Fair Labor Standards Act and other comparable state statutes. DISCUSSION "Wage theft" can take many forms and includes the failure to pay overtime, failure to pay minimum wage, misclassifying employees as independent contractors, making illegal deductions from paychecks, working off the clock, keeping employees tips and gratuities and failing to pay at all. Cook County Law The recently enacted Cook County ordinance prohibits persons/companies who have admitted guilt or liability or been adjudicated guilty or liable in any judicial or administrative proceeding of committing a repeated or willful violation of the Illinois Wage Payment and Collection Act, the Illinois Minimum Wage Act, the federal Fair Labor Standards Act, or any comparable state statute, from obtaining county contracts, business licenses or property tax incentives for a period of 5 years. Any person or entity seeking to obtain such benefits from the County must file an affidavit certifying that they have not violated the statutory provisions identified in the ordinance. If the County becomes aware of such a violation after the contract has been entered into or the benefit conferred, the violation is an event of default. The ordinance includes a mechanism for an ineligible person or entity to seek a waiver of the period of ineligibility and an exception in the event that it is determined to be in the County agency's best interest to waive the ineligibility. Iowa Law re: Waste Payment Chapter 91A of the Iowa Code, entitled "Iowa Wage Payment Collection Law," governs how and where wages are to be paid and what deductions an employer can withhold. Chapter 91 D of the Iowa Code sets forth the Iowa minimum wage requirements. The Iowa Labor Commissioner is responsible for enforcement of both chapters and is empowered to investigate and adjudicate claims that the law has been violated. The State has a form entitled "Claim for Wages" (aka, a wage claim form), a copy of which is attached, that is also available in Spanish. The form can be filed with the Division of Labor Services by an employee or former employee who has a claim for unpaid wages. An employer who has intentionally failed to pay wages is liable for the wages, plus liquidated damages (double damages), court costs and attorney fees incurred in recovering the wages. Liquidated damages are not recoverable if the failure to pay wages was unintentional. In Iowa advocates have called for the Wage Payment and Collection law to be amended to provide greater protection against wage theft and more enforcement. During the 2015 legislative session SF 270 passed the Senate but did not make it out of committee in the House. A copy of Senate File 270 is attached. Significant provisions included in SF 270 were: 1) placing the burden on the employer to establish that a deduction from wages was lawful; 2) Requiring the employer to provide notice to employees in writing of the method used for calculating wages; 3) a rebuttable presumption that an employer did not pay the minimum wage if the employer does not maintain proper payroll records; 4) adding a specific provision requiring the employment of "wage investigators" by the Division of Labor for the enforcement of Chapter 91 A; 5) any violation of Chapter 91 A, even if unintentional, would subject the employer to liability for unpaid wages or expenses plus liquidated damages, court costs, and attorney fees unless determined to be an "erroneous violation"; 6) a rebuttable presumption that any adverse action taken against an employee for exercising any right to wage collection within 90 days of the exercise of such right constitutes "retaliation." 2 Home Rule Under home rule municipalities have the power to determine local affairs unless the legislature has provided otherwise. It is unlikely that the City has the home rule authority to enact an ordinance directly regulating the payment of wages for two reasons. First, Section 364.1 of the Iowa Code states that "[t]his grant of home rule powers does not include the power to enact private or civil law governing civil relationships, except as incident to an exercise of an independent city power." The issue is whether a wage theft ordinance that governs the "civil relationship" between an employee and employer would be "incident to an exercise of independent city power." Section 364.1 has no reported Iowa appellate cases, but a district court did consider this provision in ruling that the Cedar Rapids ordinance requiring all leases to include a crime -free addendum was illegal because it violated Section 364.1. Landlords of Linn County v. City of Cedar Rapids, Iowa, Linn Co. docket no. EQCV069920 (Ruling on Motions for Summary Judgment, filed 7/1/11). According to the district court, an "independent city power' did not mean simply a municipality's general police power, but a specific power such as the power to zone or to enact a building code. Because there is no independent city power on employee -employer relationships except for discrimination, a wage -theft ordinance likely would violate Section 364.1. Second, the City is likely preempted from enacting a wage -theft ordinance. In order for an ordinance to be lawful under home rule, it cannot be preempted by state law. There are two types of preemption: express and implied. Express preemption occurs where the legislature has explicitly prohibited local action in a given area. There is no provision in Chapter 91A that expressly prohibits local action. Implied preemption has two parts, field preemption and conflict preemption. Field preemption is when the legislature has enacted a comprehensive regulatory framework, and arguably Chapter 91A is such a framework. Assuming no field preemption, any City ordinance would have to be drafted such that no provision in it conflicted with any provision in Chapter 91A. also note that Section 714.1(3) of the Iowa Code is a crime of theft for services or labor by deception and it reads as follows: A person commits theft when the person does any of the following:... 3. Obtains the labor or services of another, or a transfer of possession, control, or ownership of the property of another, or the beneficial use of property of another, by deception. Where compensation for goods and services is ordinarily paid immediately upon the obtaining of such goods or the rendering of such services, the refusal to pay or leaving the premises without payment or offer to pay or without having obtained from the owner or operator the right to pay subsequent to leaving the premises gives rise to an inference that the goods or services were obtained by deception. Any alleged violation of this criminal provision in Johnson County would be prosecuted by the County Attorney. Municipalities only have the home rule authority to create simple misdemeanors. Theft is a simple misdemeanor if the value of the property stolen is under $200. Therefore, the City could enact an ordinance creating the crime of theft for services or labor, but it would only apply if the amount of wages stolen is under $200. The City does not have the option of making wage theft a municipal infraction. Under Section 364.22(3), municipalities cannot create a municipal infraction if it is a simple misdemeanor under chapters 687 through 747 of the Iowa Code. 3 City Permits Unlike Cook County that issues a myriad of business licenses, the City licenses only taxicabs and only permits mobile vending, food truck vending, and Farmers Market vending. While the City issues liquor licenses as the "local authority" the license is actually a state license and the imposition of a requirement that there be no wage theft violation by the applicant would be problematic given the nebulous "good moral character' standard. The same is true for cigarette permits. Thus, although Council could enact an ordinance that provides that the City could deny or revoke a license or permit if the permit holder violated Chapter 91A or a substantially similar law in another state, it would be of limited value. City Contracts The City may choose not to enter into contracts with a person or entity that has been found to have committed wage theft as Cook County has done. The legislation would need to provide that such an entity is not a "responsible bidder" for purposes of awarding bids for public improvement projects under Section 26.9 of the Iowa Code. Tax Increment Financinq The Cook County ordinance applies to "property tax incentives" which is defined in the ordinance as a reduction in the assessment level for certain industrial property and multifamily residential property under another section of the Cook County Code. The City does not have the power to tax (or relieve a tax burden) unless granted such power explicitly by the Iowa legislature. The City could amend its economic development policies to provide Tax Increment Financing (TIF) or other discretionary incentives to persons/entities that have violated the wage payment laws. Encl. Cc: Thomas M. Markus, City Manager -w/o encl. Geoff Fruin, Ass't. City Manager -w/o encl. Marian K. Karr, City Clerk -w/o encl. 4 15-1232 SUBSTITUTE ORDINANCE AMENDMENT Sponsored by THE HONORABLE JEFFERY R. TOBOLSKI, COUNTY COMMISSIONER AND PRESIDENT TONI PRECKWINKLE COOK COUNTY WAGE THEFT ORDINANCE THEREFORE BE IT ORDAINED, by the Cook County Board of Commissioners, that Chapter 34, Finance, Article IV, Procurement, Division 4, Disqualifications and Penalties, Section 34-179 shall be amended as follows: Sec. 34-179. - Disqualification due to violation of laws related to the payment of wages. (a) A Person including a Substantial Owner (as defined in Part L Chapter 34, Article V. Section 34-367of the Cook County Code) who has admitted guilt or liability or has been adjudicated guilty or liable in ani judicial or administrative proceeding of committing a repeated or willful violation of the Illinois Wage Payment and Collection Act, 820 ILCS 115/1 et seq., Illinois Minimum Wage Act, 820 ILCS 105/1 et seg., the Illinois Worker Adjustment and Retraining Notification Act, 820 ILCS 65/1 et seq., the Employee Classification Act, 820 ILCS 185/1 et seq.. the Fair Labor Standards Act of 1938, 29 U.S.C. 201, et seq.. or any comparable state statute or regulation of any state, which governs the payment of wages shall be ineligible to enter into a Contract with the County for a period of five years from the date of conviction, entry of a plea, administrative finding or admission of ,guilt. (b) The CPO shall obtain ap'Rfiidavit or certificatieA from every Person or Substantial Owner (as defined in Part L QWter 34 ArticZ Section 34-367ot u,d Cook Count + Code) from whom the Count)+ seeks to make a Contract with certifying that the Person seeking to do business with the County including its Substantial Owners (as defined in Part L Chapter 34, Article V. Section 34-367of the Cook County Code) has not violated the statutory provisions identified in Subsection (al of this Section. (c) For Contracts entered into following the effective date of this Ordinance, if the County becomes aware that a Person including Substantial Owner (as defined in Part I. Chapter 34, Article V. Section 34-367 of the Cook County Coded under contract with the County is in violation of Subsection (, of this Section, then, after notice from the County, any such violation(s) shall constitute a default under the Contract. (d) If a Person including a Substantial Owner (as defined in Part J. Chapter 34, Article V. Section 34-367 of the Cook County Code) is ineligible to contract with the County due to the provisions of Subsection (a) of this Section, the Person seeking the Contract may submit a request for a reduction or waiver of the ineligibility period to the CPO. The request shall be in writing in a manner and form prescribed by the CPO and shall include one or more of the following actions have been taken: (1) There has been a bona fide change in ownership or Control of the ineligible Person or Substantial Owner; (2) Disciplinary action has been taken against the individuals responsible for the acts giving rise to the violation, (3) Remedial action has been taken to prevent a recurrence of the acts giving rise to the disqualification or default, or (4) Other factors that the Person or Substantial Owner believe are relevant. The CPO shall review the documentation submitted, make any inquiries deemed necessary, request additional documentation where warranted and determine whether a reduction or waiver is appropriate. Should the CPO determine that a reduction or waiver of the ineligibility period is appropriate; the CPO shall submit its decision and findings to the County Board. (e) A Using Agency may request an exception to such period of ineligibility by submitting a written request to the CPO, supported by facts that establish that it is in the best interests of the County that the Contract be made from such ineligible Person. The CPO shall review the documentation, make M inquiries deemed necessary, and determine whether the request should be approved. If an exception is granted, such exception shall apply to that Contract only and the period of ineliig'bility shall continue for its full term as to anv other Contract. Said exceptions granted by the CPO shall be communicated to the County Board. THEREFORE BE IT FURTHER ORDAINED, by the Cook County Board of Commissioners, that Chapter 74, Taxation, Article 2, Real Property Taxation, Division 2, Classification System for Assessment, Sections 74-71 and 74-74 are hereby amended as follows: Sec. 74-71. - Definition. Property tax incentive. For the purpose of applicability of the Living Wage pursuant to Section 34- 160 of the County's Code, and the Laws Regulating the Payment of Wages, pursuant to Section 74-74, "proW!jy tax incentive" means a reduction in the assessment level as set forth in Chapter 74, Article Il, Division 2 of this Code for owner -occupied Class 6b industrial property, Class 8 industrial property, or Class 9 multifamily residential property. For the purpose of this article, "property tax incentive" shall not include a Class 9 designation granted to supportive living facilities, which establish an alternative to nursing home care for low income older persons and persons with disabilities under Medicaid and which are certified by the State Department of Public Aid pursuant to_Chapter 74, Article 11, Division 2 of this Code, the County Real Property Assessment Classification Ordinance. Sales tax means the Retailer's Occupation Tax, the Service Occupation Tax and/or the Use Tax. Sec. 74 -74 -Laws Regulating the Payment of Wages (a) Except where a Person has requested an exception from the Assessor and the County Board expressly finds that granting the exception is in the best interest of the County, such Person including any Substantial Owner (as defined in Part I, Chapter 34, Article V, Section 34-367of the Cook County Code) shall be ineligible to receive anyproperty tax incentive noted in Division 2 of this Article ifs during the five year period prior to the date of the application, such Person or Substantial Owner (as defined in Part I, Chapter 34, Article V, Section 34-367of the Cook County Code) admittedigu It or liability or has been adjudicated guilty or liable in any judicial or administrative proceeding of committing a repeated or willful violation of the Illinois Wage Payment and Collection Act, 820 ILCS 115/1 et seg the Illinois Minimum Wage Act, 820 ILCS 105/1 et sea., the Illinois Worker Adjustment and Retraining Notification Act, 820 ILCS 65/1 et seq., the Worker Adjustment and Retraining Notification Act 29 U.S.C. 2101 et seg. the Employee Classification Act, 820 ILCS 185/1 et. sea., the Fair Labor Standards Act of 1938 29 U.S.C. 201 et seq or any comparable state statute or regulation of any state, which governs the payment of wages. (b) The Assessor shall obtain an affidavit or certification from every Person and Substantial Owner as defined in Part I Chapter 34 Article V Section 34-367of the Cook County Code) who seeks a property tax incentive from the County as noted in Division 2 of this Article certifying that the Person or Substantial Owner (as defined in Part I Chapter 34 Article V Section 34-367of the Cook County Code) has not violated the statutoryprovisions identified in Subsection (a) of this Section. (c) If the County or Assessor becomes aware that a Person or Substantial Owner (as defined in Part I Qhg ter 34 Article V Section 34-367of the Cook County Code) has admitted guilt or liability or has been adjudicated 9 ty or liable in an judicial or administrative proceeding of committing a Veated or willful violation of the Illinois Wage Payment and Collection Act. 820 ILCS 115/1 et seq., the Illinois Minimum Wade Act 820 ILCS 105/1 et seq., the Illinois Worker Adjustment and Retraining Notification Act. 820 ILLS 65/1 et seq the Worker Adjustment and Retraining Notification Act, 29 U.S.C.2101 et seq, the Employee Classification Act, 820 ILCS 185/1 et. seq., the Fair Labor Standards Act of 1938 29 U.S.C. 201 et seq, or any comparable state statute or regulation of any state which governs the payment of wages during the five year period prior to the date of the application, but after the County has reclassified the Person's or Substantial Owner's (as defined in Part L Chapter 34, Article V. Section 34-367of the Cook County Code) subject property under a property tax incentive classification. then after notice from the Assessor of such violation, the Person or Substantial Owner shall have 45 dans to cure its violation and request an exception or waiver from the Assessor. Failure to cure or obtain an exception or waiver of ineligjbiW from the Assessor shall serve as grounds for revocation of the classification as provided by the Assessor or by the County Board by Resolution or Ordinance. In case of revocation or cancellation the Incentive Classification shall be deemed null and void for the tax year in which the incentive was revoked or cancelled as to the subject property. In such an instance, the taxpayer shall be liable for and shall reimburse to the County Collector an amount equal to the difference in the amount of taxes that would have been collected had the subject property not received the property tax incentive. THEREFORE BE IT FURTHER ORDAINED, by the Cook County Board of Commissioners, that Chapter 54, Licenses, Permits and Miscellaneous Business Regulations, Article X, General Business Licenses, Section 54-384 and 54-391 are hereby amended as follows: Sec. 54-384. - License application. All applications for a General Business License shall be made in writing and under oath to the Director of Revenue on a form provided for that purpose. (a) Every application for a County General Business License shall be submitted and signed by the Person doing business or authorized representative of the Person doing business and shall contain the following: (1) Name of the applicant. (2) Business address. (3) Social security numbers, Tax ID number, and residence addresses of its sole proprietor or the three individuals who own the highest percentage interests in such Person and any other individual who owns five percent or more interest therein. (4) Pin number of the property or properties where the business is being operated. (5) A brief description of the business operations plan. (6) Sales tax allocation code. The sales tax allocation code identifies a specific sales tax geographic area and is used by the State of Illinois for sales tax allocation purposes. (7) Certification that applicant is in compliance with all applicable County Ordinances. (8) For Business Licenses applied for or renewed following the effective date of this provision, certification that the applicant has not, during the five year period prior to the date of the application for a Business License admitted guilt or liability or has been adjudicated Quilty or liable in any judicial or administrative proceeding of committing a repeated or willful violation of the Illinois Wage Payment and Collection Act 820 ILCS 115/1 et seg., the Illinois Minimum Wage Act 820 ILCS 105/1 et seq the Illinois Worker Adjustment and Retraining Notification Act 820 ILCS 65/1 et seg., the Worker Adiustment and Retraining Notification Act 29 U.S.C.2101 et seq the Emplovee Classification Act, 820 ILCS 185/1 et. seg. the Fair Labor Standards Act of 1938 29 U.S.C. 201, et seq., or any comparable state statute or regulation of any state which governs the payment of wages. (b) The Director of Revenue shall be the custodian of all applications for licenses which [sic] under provisions of this Code. All information received by the Department from applications filed pursuant to this article or from any investigations conducted pursuant to this article, except for official County purposes, or as required by the Freedom of Information Act, shall be confidential. (c) The General Business License applicant may be subject to an inspection by the following county departments including, but not limited to, Health, Building and Zoning and the Environment, prior to licensing. (d) It shall be grounds for denial and/or revocation of any license issued under the provisions of this article whenever the license applicant knowingly includes false or incomplete information in the license application or is in violation of a County Ordinance. Sec. 54-391. - License denial, nonrenewal, suspension, and revocation. (a) Any County department or agency issuing citations pursuant to applicable Cook County Code of Ordinances shall have the authority to issue to the applicant or licensee a notice of violation recommending denial, nonrenewal, suspension, or revocation of an applicant's or licensee's General Business License. (1) After an authorized County department or agency issues a notice of violation recommending denial, nonrenewal, suspension or revocation to the applicant or licensee, a copy of this notice of violation, along with copies of any documents supporting the above recommendation shall be forwarded to the Department of Revenue. The notice of violation and documents supporting the recommendation shall be "Prima Facie" or on its face legally sufficient to deny issuance, deny renewal, suspend or revoke the license, until disproved by documentary evidence. (2) The Director of Revenue or his or her designee shall have the authority to deny, renew, suspend, or revoke a General Business License issued under the provisions of this article if he or she determined the applicant or licensee violated any Federal or State statute or any provision of the Cook County Code of Ordinances. (3) However, no General Business License shall be denied issuance or renewal, suspended, or revoked except after a License Administration Hearing. The applicant or licensee shall be given written notice at least seven days prior to the date of the hearing, where the Director of Revenue or his or her designee shall make a determination based on the documentation provided by both the applicant or licensee and the Department(s) issuing the citation. The Director of Revenue or his or her designee may upon a show of good cause grant the applicant or licensee one continuance. The Director of Revenue or his or her designee shall have the right to authorize the examination of the books and records of any applicant or licensee who appears before him or her for a Determination Hearing. (4) If the Director of Revenue or a designee determines, after the License Administration Hearing, the license shall be denied, not renewed, suspended, or revoked, a written notice of determination and order to close the applicant or licensee's business, pursuant to Section 54-393 of this article, shall be issued to the applicant or licensee and the Sheriff. The Department of Revenue, with the assistance of the Sheriff, will immediately close the business. (5) An applicant or licensee who disagrees with the determination issued by the Director of Revenue or his or her designee may file an appeal for an administrative hearing, with the Cook County Department of Administrative Hearings in accordance with Cook County Code of Ordinances, Chapter 2, Administration, Article DC, Administrative Hearings. The filing of an appeal does not stop or prevent the physical closing of the applicant or licensee's business. The business shall remain closed unless an order to reopen is issued by the Department of Administrative Hearings or the Cook County Circuit Court. (6) If after the administrative hearing the Department of Administrative Hearings determines the license shall be denied, not renewed, suspended or revoked, the Department of Administrative Hearings shall immediately prepare and issue a written determination informing the applicant or licensee that the Notice of Determination issued by the Director of Revenue or his designee is upheld and the business will remain closed (7) An applicant or licensee who wishes to appeal the determination of the Cook County Department of Administrative Hearings must provide written notice to the Department of Administrative indicating an appeal has been filed with the Circuit Court pursuant to Section 2-917 of this Code. (8) If after the administrative hearing the Department of Administrative Hearings issues a written determination indicating the license shall not be denied, suspended, revoked, or shall be renewed, the license shall be reinstated in accordance with Department of Revenue policy or procedures. However, a determination issued by the Department of Administrative Hearings in favor of the applicant or licensee does not forfeit the Department of Revenue's right to file an appeal with the Circuit Court. (b) Notwithstanding the requirements set forth in subpart (a) (2)48) above in circumstances where an applicant is unable to certify that the applicant has not, during the five year period prior to the date of the application for a Business License admitted guilt or liability or has been adjudicated guilty or liable in any judicial or administrative proceeding of committing a repeated or willful violation of the Illinois Wage Payment and Collection Act 820 ILCS 115/1 et sq Illinois Minimum Wage Act, 820 ILCS 105/1 et sea., the Illinois Worker Adjustment and Retraining Notification Act 820 ILCS 65/1 et seq., the Employee Classification Act, 820 ILCS 185/1 et seq. the Fair Labor Standards Act of 1938 29 U.S.C. 201, et seq., or any comparable state statute or regulation of any state which governs the payment of wages, the applicant may seek an exception from the certification from the County Board through the Director of Revenue at the time of application and the following process shall @NIX• (1) An applicant shall be permitted to request an exception to such certification in a form and manner provided by the Director of Revenue. (2) The Director of Revenue shall review the requested exception and accompanying documentation and make a recommendation to the County Board as to whether the exception should be accepted or denied. (3) If the County Board expressly finds that the exception is in the best interest of the County, the Director of Revenue shall continue through the review process as prescribed in Subsection (a). Lccb) The license of any person who has failed to pay any fine, assessment of costs or other sum of money owed to the County pursuant to an order of the Department of Revenue, an order of the Department of Administrative Hearings or a court order, by the due date indicated in the order, or within 30 calendar days of becoming a debt due and owing may be suspended by the Department of Revenue, in accordance with its rules and after affording a hearing. The license shall be suspended until such time that the fine, assessment of costs or other sum of money has been fully paid. fds) A Person whose license has been denied renewal, suspended or revoked may seek re - issuance or reinstatement of the license in accordance with procedures prescribed by Department of Revenue. Effective date: This ordinance shall take effect on May 1, 2015. Approved and adopted this 10th of February 2015. TONI PRECKWINKLE, President Cook County Board of Commissioners Attest: DAVID ORR, County Clerk Terry E. Branstad, Governor Kim Reynolds, Lt. Governor Michael A. Mauro, Labor Commissioner IOWA WOR-rv,-crORCE DEVELOPMENT Smart. Results. Division of Labor Services IMPORTANT - READ CAREFULLY The Division of Labor Services enforces the Iowa Wage Payment Collection and the Iowa Minimum Wage Laws. Enclosed is a Claim for Wages Form you should fill out completely. Be sure to include the amount of the claim, sign, date and return the form to this office. Our Address Is: Division of Labor Services 1000 East Grand Avenue Des Moines, Iowa 50319-0209 Your claim will not be accepted if either of the two following items applies to your situation: *The amount of your claim exceeds $5,000.00 *The work for which you are seeking payment was not done in Iowa Under the law, our office may not accept a complaint for unpaid wages after one year from the date the wages became due and payable. Therefore, do not include in your claim any amount that became due and payable prior to one year from the date that you return the enclosed complaint form to our office. In order for our office to effectively and efficiently investigate your claim, the form must be completed in full and in detail. Also, if you are paid any or all of your wages from your employer after you have returned your Claim for Wages Form, you are required to notify this office within three days of receipt of the payment. Also, you should be aware, once this office receives and accepts your Claim for Wages Form, a letter will be sent to your employer. In that letter, the employer is given fourteen days to respond with information and documentation. If the employer supplies us with a written response, we will contact you. If the employer fails to respond, we will wait the full fourteen day period before proceeding further or before contacting you. VACATION: If your claim is for vacation pay, be advised that under the Iowa Wage Payment Collection Law, you are entitled only to the vacation pay which is due under the company policy or the agreement with the employer. SEVERANCE PAY, PROFIT SHARING OR PENSION PLANS: If your claim is for severance pay, profit sharing payments or pension plan payments, this office cannot take action on your behalf. Under a decision of the United States Supreme Court, the state law has been preempted. For information on a claim for severance pay, profit sharing payments or pension plan payments due under a company policy or agreement, you should contact the U.S. Department of Labor Pension & Welfare Benefits Administration, 2300 Main St., Suite 1100, Kansas City, MO 64108. The telephone number is (816) 285-1800. OVERTIME: If your claim is for failure to pay overtime under a policy or agreement with the employer, you can include it on the Claim for Wages Form. However, if your claim is for failure to pay overtime you believe may be due to you under federal law, you should contact the U.S. Department of Labor, 210 Walnut, Des Moines, IA 50309. The telephone number is (515) 284-4625. *Please complete the Wage Claim Worksheet on the back of this letter. Division of Labor Services 1000 East Grand Avenue 0 Des Moines, Iowa 50319-0209 • Phone (515) 281-3606 •800-562-4692 • Fax (515) 281-7995 www.iowaworkforce.org/labor Equal Opportunity Employer/Program Auxiliary aids and services are available upon request to individuals with disabilities. For deaf and hard of hearing, use Relay 711. 30MO58 10.11 Wage Claim Worksheet Employer: Docket # (Division of Labor Entry) Wages or Salary Pay Period Hours Worked Hourly Wage Amount Owed Amount Paid Amount Unpaid Reimbursement Date Unpaid Illegal Deductions Date Amount Other Total Total Reimbursement Date Unpaid Illegal Deductions Date Amount Other Total Total Total Total Claim I certify the above is true according to my best information and belief. Print Name: Sign Name: Date: For Claimant Social Security Number CLAIMFORWAGES Iowa Workforce Development, Division of Labor 1000 East Grand Avenue Des Moines, IA 50319-0209 Wage Claim Number Assignment For Office Use Only InformationClaimant .. Circle One: TFirst and Last Name Name of Business MR. MS. Personal Address Business Address City State Zip Code City State Zip Code Date of Birth Phone Number (IWD can call) Owner's Name E-mail Address Type of Business Telephone Number Contact information • ar individual through whom I can always be contacted Narne and Address of • First and Last Name Telephone Number Bank Name Address Address City State Zip Code City State Zip Code Wages Claimed 1. Total amount still owed to you (do not deduct taxes or social security): 2. My claim includes the following (check the box next to all that apply and provide the necessary information provided for each) ❑ Minimum Wage ❑ Unpaid Wages and/or Salary Provide the beginning and ending dates for which wages and/or salary is owed:mm / dd / yr tO mm / dd / yr Wages: Total number of hours worked and not paid and/or underpaid at $ per hour Salary: Total number of weeks worked and not paid and/or underpaid at $ per ❑ Unpaid Commissions The following percentage should have been received: Total amount of sales, services, etc. provided but no commissions were received (do not deduct taxes or social security): What was the employer's agreement for time of payment? Explain in detail: Work for unpaid commissions was performed during the following dates: ❑ Illegal Deductions An illegal deduction(s) was taken for the following reason(s): Deduction was made on the following: Date mm / dd / yr OR Pay Period mm / dd / yr to —17m---/ dd / yr ❑ Vacation Pay What is the employer's policy to pay vacation or personal time off at the end of employment? Explain in detail: ❑ Bonus Explain in detail: ❑ Other Claim is not included in the options provided above and/or there is additional information to be included. Explain in detail: See Reverse Side Employment Agreement 3. 1 was hired by: 4. My direct supervisor was: 5. Type of work I performed: 6. Work was performed in Iowa: ❑ Yes ❑ No 7. Starting date of employment: _/_/_ mm dd yr 8. Ending date of employment: / mm dd yr 9. Pay agreement: ❑ Oral ❑ Contract (provide copy) ❑ Written Policy (provide copy) 10. Rate of pay: Per: ❑ Hour ❑ Week ❑ Month ❑ Other If Other, explain: 11. Received pay: ❑ Weekly ❑ Bi -Weekly ❑ Monthly ❑ Other If Other, explain: 12. Method of payment: ❑ Check ❑ Cash ❑ Other If Other, explain: 13. Employment was terminated because: Explain in detail: I quit ❑ Yes ❑ No I was discharged ❑ Yes ❑ No 14. 1 have filed for unemployment insurance since leaving this employer: ❑ Yes ❑ No 15. The employer is still in the same business: ❑ Yes ❑ No If No, explain in detail: 16. My employer deducted social security and withholding taxes: ❑ Yes ❑ No If No, explain in detail reasons why with an attached explanation. 17. 1 signed authorization for other deductions: ❑ Yes ❑ No If Yes, explain in detail and attach an explanation. 18. My employer set regular work hours: ❑ Yes ❑ No 19. 1 was covered by a union contract: ❑ Yes ❑ No If Yes, contact your union representative before filing this claim with the Division of Labor. 20. 1 have retained an attorney or filed a lawsuit regarding this matter: ❑ Yes ❑ No If Yes, do not file this claim until you have discussed it with the attorney and provide the following information about the attorney: First and Last Name Phone Number Name of County where Lawsuit is Filed Address City State Zip Code 21. 1 am willing to testify in court: ❑ Yes ❑ No If No, explain in detail: Note: Be sure your social security number is in the top left corner on the front of this form. I hereby certify, under penalty of perjury, that the information I have provided on this form is true according to my best information and belief. I assign in trust this claim and all penalties accruing because of non-payment, and liens securing them, to the Labor Commissioner. This assignment shall become effective upon a determination by the Commissioner that I have an enforceable claim. I authorize the Commissioner to settle this claim. I authorize the Commissioner to receive payment for this claim, and authorize such payment to be mailed to me unless I have made a different arrangement with the Commissioner. I understand that I must cooperate as required by the Commissioner, and it is my responsibility to provide sufficient information to prove the claim due. I understand that there is no guarantee that the Commissioner will accept my claim, and no guarantee that the Commissioner will be able to collect upon it. Claimant's Signature: 309-6057 03.12 Date Signed: Equal Opportunity Employer/Program °* Auxiliary aids and services are available upon request to individuals with disabilities. For deaf and hard of hearing, use Relay 711. :, a' 0 Senate File 270 - Introduced Page 1 of 9 SENATE FILE 270 BY COMMITTEE ON LABOR AND BUSINESS RELATIONS (SUCCESSOR TO SF 39) A BILL FOR I An Act relating to wage payment collection issues arising 2 between employers and individuals who provide services to 3 employers, providing penalties and remedies, and including 4 effective date provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1278SV (2) 86 je/rj https://www.legis.iowa.gov/docs/Published/LGI/86/Attachments/SF270.html 6/30/2015 Page 2 of 9 S.F. 270 1 Section 1. Section 91A.5, subsection 1, unnumbered 2 paragraph 1, Code 2015, is amended to read as follows: 3 An employer shall have the burden to establish that a 4 deduction from employee wages is lawful. An employer shall not 5 withhold or divert any portion of an employee's wages unless: 6 Sec. 2. Section 91A.5, subsection 1, paragraph b. Code 2015, 7 is amended to read as follows: 8 b. The employer ha.s obtains advance written authorization 9 from the employee to so deduct for any lawful purpose accruing 10 to the benefit of the employee. 11 Sec. 3. Section 91A.6, subsection 1, Code 2015, is amended 12 to read as follows: 13 1. An employer shall afror baJQ. QtJf;Qd by f}io 14 „f to „hsoct;J N 9 do the following: 15 a. Notify its employees in writing at the time of hiring 16 what wages and regular paydays are designated by the employer. 17 b. Notify its employees in writing whose wages are 18 determined based on a task, piece, mile, or load basis about 19 the method used to calculate wages and when the wages are 20 earned by the employees. 21 b-. c. Notify, at least one pay period prior to the 22 initiation of any changes, its employees of any changes in 23 the arrangements specified in this subsection a that reduce 24 wages or alter the regular paydays. The notice shall either 25 be in writing or posted at a place where employee notices are 26 routinely posted. 27 -c. d. Make available to its employees upon written request, 28 a written statement enumerating employment agreements and 29 policies with regard to vacation pay, sick leave, reimbursement 30 for expenses, retirement benefits, severance pay, or other 31 comparable matters with respect to wages. Notice of such 32 availability shall be given to each employee in writing or by a 33 notice posted at a place where employee notices are routinely 34 posted. 35 -d- e. Establish, maintain, and preserve for three LSB 1278SV (2) 86 -1- je/rj 1/8 https://www.legis.iowa.gov/docs/Published/LGI/86/Attachments/SF270.html 6/30/2015 Page 3 of 9 S.F. 270 1 calendar years the payroll records showing the hours worked, 2 wages earned, and deductions made for each employee and 3 any employment agreements entered into between an employer 4 and employee. Failure to do so shall raise a rebuttable 5 presumption that the employer did not pay the required minimum 6 wage under section 91D.1. 7 Sec. 4. Section 91A.6, subsection 2, Code 2015, is amended 8 by striking the subsection. 9 Sec. 5. Section 91A.6, subsection 4, Code 2015, is amended 10 by striking the subsection and inserting in lieu thereof the 11 following: 12 4. a. On each regular payday, the employer shall send to 13 each employee by mail or shall provide at the employee's normal 14 place of employment during normal employment hours a statement 15 showing the wages earned by the employee, the deductions made 16 for the employee, and the following information, as applicable: 17 (1) For each employee paid in whole or in part on an hourly 18 basis, the statement shall show the hours the employee worked. 19 (2) For each employee paid based on a percentage of sales or 20 based on a percentage of revenue generated for the employer, 21 the statement shall include a list of the amount of each sale 22 or the amount of revenue during the pay period. 23 (3) For each employee whose pay is based on the number 24 of miles or loads performed, the statement shall include the 25 applicable number performed during the pay period. 26 b. An employer who provides each employee access to view an 27 electronic statement of the employee's earnings and provides 28 the employee free and unrestricted access to a printer to print 29 the employee's statement of earnings, if the employee chooses, 30 is in compliance with this subsection. 31 Sec. 6. Section 91A.8, Code 2015, is amended to read as 32 follows: 33 91A.8 Damages recoverable by an employee. 34 When it has been shown that an employer has ; ntQPt i ona i l .. 35 failed to pay an employee wages or reimburse expenses pursuant LSB 1278SV (2) 86 _2_ je/rj 2/8 https://www.legis.iowa.gov/docs/Published/LGI/86/Attachments/SF270.html 6/30/2015 Page 4 of 9 S.F. 270 1 to section 91A.3, whether as the result of a wage dispute or 2 otherwise, the employer shall be liable to the employee for 3 au.y the unpaid wages or unreimbursed expenses that -a-asg 4 €a4m!84- 68 be qa4:4 a-- plus liquidated 5 damages, court costs, and any atteEneyls attorney fees incurred 6 in recovering the unpaid wages or unreimbursed expenses 7 and determined to have been usual and necessary. Za-ather 8 instan --- +ham m ! QyQr shall be liabls Qp1 y -FQ, iiMpal Ir�s� 9 cvPoncoc ,-+ .+S aDd =l n'l =++^ . o.,• +oo� 10 i neuEFed 4!n EeeeyeE nn tl4e anpa4:4 wages e, .::penses . 11 Sec. 7. Section 91A.9, subsection 3, Code 2015, is amended 12 to read as follows: 13 3. The commissioner may employ such qualified personnel 14 as are necessary for the enforcement of this chapter. Such 15 personnel shall be employed pursuant to chapter 8A, subchapter 16 IV. The commissioner shall employ wage investigators for the 17 enforcement of this chapter. 18 Sec. 8. Section 91A.9, Code 2015, is amended by adding the 19 following new subsection: 20 NEW SUBSECTION. 4A. The commissioner shall establish a 21 statewide, toll-free telephone hotline for the purpose of 22 receiving reports of violations of this chapter. 23 Sec. 9. Section 91A.10, subsection 5, Code 2015, is amended 24 to read as follows: 25 6. An empleyer- skiall ems# 8ther- 26 a4 A.#e aga4mnst any em ley ee beeau.pe #,he eine' e3yeeha-s 27 {i l od a ^m l _ ^t, as2ignod a claim, or brr,�ught c+i ^^ ndor 28 this ^+in has =+or7 in hrinninrr aQy an+ina 29 anemplQyQ- 30 S. a. An employer or other person shall not discharge or 31 in any other manner discriminate or retaliate against any of 32 the following: 33 (1) An employee or other person for exercising any right 34 provided under this chapter or any rules adopted pursuant to 35 this chapter. LSB 1278SV (2) 86 -3- je/rj 3/8 https://www.legis.iowa.gov/docs/Published/LGI/86/Attachments/SF270.html 6/30/2015 Page 5 of 9 S.F. 270 1 (2) Another employee or person for providing assistance to 2 an employee or providing information regarding the employee or 3 person. 4 (3) Another employee or person for testifying or planning 5 to testify in any investigation or proceeding regarding the 6 employee or person. 7 b. Taking adverse action against an employee or other person 8 within ninety days of an employee's or other person's engaging 9 in any of the activities in paragraph "a' raises a presumption 10 that such action was retaliation, which may be rebutted by 11 evidence that such action was taken for other permissible 12 reasons. 13 c. Any employee may file a complaint with the commissioner 14 alleging discharge, .oz discrimination, or retaliation within 15 thirty days after such violation occurs. Upon receipt of the 16 complaint, the commissioner shall cause an investigation to be 17 made to the extent deemed appropriate. If the commissioner 18 determines from the investigation that the provisions of this 19 subsection have been violated, the commissioner shall bring 20 an action in the appropriate district court against such 21 person. The district court shall have jurisdiction, for cause 22 shown, to restrain violations of this subsection and order all 23 appropriate relief including rehiring or reinstatement of the 24 employee to the former position with back pay. 25 Sec. 10. Section 91A.10, Code 2015, is amended by adding the 26 following new subsection: 27 NEW SUBSECTION. 6. A civil action to enforce subsection 5 28 may also be maintained in any court of competent jurisdiction 29 by the commissioner or by any party injured by a violation 30 of subsection 5. An employer or other person who retaliates 31 against an employee or other person in violation of subsection 32 5 shall be required to pay the employee or other person 33 an amount set by the commissioner or a court sufficient to 34 compensate the employee or other person and to deter future 35 violations, but not less than one hundred fifty dollars for LSB 1278SV (2) 86 -4- je/rj 4/ 8 https://www.legis.iowa.gov/docs/Published/LGI/86/Attachments/SF270.html 6/30/2015 Page 6 of 9 S.F. 270 1 each day that the violation occurred. 2 Sec. 11. NEW SECTION. 91A.12A Erroneous violations. 3 If an employer erroneously violates the provisions of this 4 chapter or the rules adopted pursuant to this chapter, the 5 employer shall not be subject to liability to an employee 6 pursuant to section 91A.8, the violation shall not constitute 7 an enforceable claim as provided in section 91A.10, and the 8 employer shall not be subject to a civil money penalty pursuant 9 to section 91A.12, if all of the following conditions are met: 10 a. The commissioner determines that the violation was 11 erroneous and that the employer attempted in good faith to 12 comply with the provisions of this chapter and the rules 13 adopted pursuant to this chapter. 14 b. The commissioner, after considering any history of 15 violations of this chapter or the rules adopted pursuant to 16 this chapter by the employer, determines that the violation was 17 isolated in nature. 18 c. The employer corrects the violation to the satisfaction 19 of the labor commissioner within fourteen days of the 20 occurrence of the violation. 21 Sec. 12. NEW SECTION. 91A.15 Commissions earned date. 22 An employer shall not require that a person be a current 23 employee to be paid a commission that the person otherwise 24 earned. 25 Sec. 13. NEW SECTION. 91A.16 Inconsistency with federal 26 law. 27 A provision of this chapter shall not apply to any employer 28 or employee if such provision would conflict with federal law 29 or regulation. 30 Sec. 14. NOTIFICATION REQUIREMENTS. The labor commissioner 31 shall provide for the notification of each employer in this 32 state of the requirements for employers provided in this Act by 33 September 1, 2015. Such notification shall include suggested 34 forms and procedures that employers may use for purposes of 35 compliance with the notice and recordkeeping requirements of LSB 1278SV (2) 86 -5- je/rj 5/8 https://www.legis.iowa.gov/docs/Published/LGI/86/Attachments/SF270.html 6/30/2015 Page 7 of 9 S.F. 270 1 section 91A.6, as amended by this Act. 2 Sec. 15. EFFECTIVE DATE. This Act takes effect January 1, 3 2016. 4 EXPLANATION 5 The inclusion of this explanation does not constitute agreement with 6 the explanation's substance by the members of the general assembly. 7 This bill relates to employers and individuals who perform 8 labor and wage payment collection. 9 Code section 91A.5 is amended to provide that the employer 10 has the burden to establish that a deduction from employees' 11 wages is lawful and that the employer must obtain written 12 authorization for the deduction from the employee in advance. 13 Code section 91A.6(1) is amended to remove the requirement 14 that an employer be notified by the division of labor services 15 of the department of workforce development before the employer 16 is required to fulfill the requirements in subsection 1 17 relating to employee wage and benefit information. In new 18 Code section 91A.6(1)(b), the employer is required to notify 19 employees in writing whose wages are determined based on a 20 task, piece, mile, or load basis about the method used to 21 calculate wages and when wages are earned. Code section 22 91A.6(1)(e) is amended to establish a rebuttable presumption 23 that an employer did not pay the minimum wage if the employer 24 does not maintain proper payroll records. 25 Current Code section 91A.6(2), setting out certain employer 26 compliance procedures, is stricken. 27 Code section 91A.6(4) is amended so that the employer 28 must send to each employee by mail, or at the place of 29 business during the employee's working hours a statement of 30 the employee's earnings, deductions made, and as applicable 31 the following: for an employee paid hourly, the number of 32 hours worked during the pay period; for an employee paid on a 33 percentage of sales or revenue generated, a list of sales or 34 amount of revenue during the pay period; and for an employee 35 paid based on the number of miles or loads performed, the LSB 1278SV (2) 86 -6- je/rj 6/8 https://www.legis.iowa.gov/docs/Published/LGI/86/Attachments/SF270.html 6/30/2015 Page 8 of 9 S.F. 270 1 applicable number performed during the pay period. An employer 2 who provides an electronic statement and gives employees free 3 and unrestricted access to print out the statement is in 4 compliance with the Code section. 5 In amended Code section 91A.8, when any specified violation 6 of Code chapter 91A occurs, even if unintentional, an employer 7 shall be liable for unpaid wages or expenses plus liquidated 8 damages, court costs, and attorney fees incurred in recovering 9 wages. 10 The bill amends Code section 91A.9 to require the labor 11 commissioner to employ wage investigators for the enforcement 12 of Code chapter 91A, and to establish a statewide, toll-free 13 telephone hotline for the purpose of receiving reports of 14 violations of Code chapter 91A. 15 Code section 91A.10(5), which covers retaliatory actions 16 by employers or others, is expanded to cover persons other 17 than employees who act under Code chapter 91A with respect 18 to an employee. A 90 -day period is established during which 19 any action against an employee or other person is rebuttably 20 presumed to be retaliatory. New subsection 6 is created in 21 Code section 91A.10 to allow the labor commissioner or any 22 injured party to maintain a civil action in any court of proper 23 jurisdiction. An employer who retaliates against an employee 24 or other person shall compensate the injured party an amount 25 set by the labor commissioner or the court, but not less than 26 $150 for each day of the violation. 27 The bill creates new Code section 91A.12A to provide that 28 if an employer erroneously violates the provisions of Code 29 chapter 91A or the rules adopted pursuant to Code chapter 30 91A, the employer shall not be subject to certain penalty 31 provisions provided in Code chapter 91A if certain conditions 32 are met. The first condition is that the labor commissioner 33 determines that the violation was erroneous and that the 34 employer attempted in good faith to comply with the provisions 35 of Code chapter 91A and the rules adopted pursuant to Code LSB 1278SV (2) 86 -7- je/rj 7/8 https://www.legis.iowa.gov/docs/Published/LGI/86/Attachments/SF270.html 6/30/2015 Page 9 of 9 S.F. 270 1 chapter 91A. The second condition is that the commissioner, 2 after considering any history of violations by the employer, 3 determines that the violation was isolated in nature. The 4 third condition is that the employer corrects the violation 5 to the satisfaction of the commissioner within 14 days of the 6 occurrence of the violation. 7 In new Code section 91A.15, an employer shall not require 8 that an individual be a current employee to be paid an earned 9 commission. 10 The bill creates new Code section 91A.16 to stipulate that a 11 provision of Code chapter 91A shall not apply to any employer 12 or employee if such provision would conflict with federal law 13 or regulation. 14 The bill requires the labor commissioner to provide for the 15 notification of each employer in Iowa of the requirements for 16 employers provided in the bill by September 1, 2015. Such 17 notification shall include suggested forms and procedures 18 that employers may use for purposes of compliance with the 19 notice and recordkeeping requirements of Code section 91A.6, 20 as amended by the bill. 21 An employer who violates Code chapter 91A is subject to a 22 civil penalty of not more than $500 per pay period for each 23 violation. 24 The bill takes effect January 1, 2016. LSB 1278SV (2) 86 -8- je/rj 8/8 https://www.legis.iowa.gov/docs/Published/LGI/86/Attachments/SF270.html 6/30/2015 Iowa City Police Department and University of Iowa DPS Bar Check Report - June, 2015 MED Possession of Alcohol Under the Legal Age (PAULA) Under(WC,W9 PN 12: 5' Numbers are reflective of Iowa City Police activity and University of low p lic �twity Business Name Occupancy (occupancy loads last updated Oct 2008) = University of Iowa Monthlv Totals Bar Checks Under2l PAULA Prev 12 Month Totals Bar Checks Under2l PAULA Under 21 PAULA Ratio Ratio (Prev 12 Mo) (Prev 12 Mo) 2 Dogs Pub 120 0 0 0 13 0 0 0 0 Airliner 223 2 0 1 22 7 8 0.3181818 0.3636364 American Legion 140 0 0 0 2 0 0 0 0 Atlas World Grill 165 0 0 0 I Bardot Iowa 1 0 0 16 4 0 0.25 0 Baroncini- 0 0 0 ] Basta 176 0 0 0 ] Blackstone- 297 0 0 0 ]Blue Moose- 436 0 0 0 33 4 2 0.1212121 0.0606061 ] Bluebird Diner 82 0 0 0 ] Bob's Your Uncle *� 260 0 0 0 ] Bo -James 200 0 0 0 19 0 0 0 0 ] Bread Garden Market & Bakery 0 0 0 ] Brix 0 0 0 ] Brothers Bar & Grill, [It's] 556 10 3 1 142 23 22 0.1619718 0.1549296 ] Brown Bottle, [The]- 289 0 0 0 ] Buffalo Wild Wings Grill & Bar- 189 0 0 0 1 0 0 0 0 ]Cactus 2 Mexican Grill (314 E Burlin€ 0 0 0 2 0 6 0 3 ]Cactus Mexican Grill (245 s. Gilbert) 0 0 0 4 0 0 0 0 ]Caliente Night Club 498 1 0 0 7 0 0 0 0 ]Carl & Ernie's Pub & Grill 92 0 0 0 4 0 0 0 0 ]Carlos O'Kelly's- 299 0 0 0 ]Chili Yummy Yummy Chili 0 0 0 ]Chipotle Mexican Grill 119 0 0 0 ]Clarion Highlander Hotel 0 0 0 ]Clinton St Social Club 0 0 0 5 0 0 0 0 Friday, July 17, 2015 Page 1 of 5 Iowa City Police Department and University of Iowa DPS Bar Check Report - June, 2015 .,. Possession of Alcohol Under the Legal Age (PAULA) Under 21a49 17 P 12: 5 Numbers are reflective of Iowa City Police activity and University of Iowa Police Activity IOWA Business Name Occupancy (occupancy loads last updated Oct 2008) = University of Iowa Monthlv Totals Bar Checks Under2l PAULA Prev 12 Month Totals Bar Checks Under2l PAULA Under Biu r '�A PAULA Ratio Ratio (Prev 12 Mo) I (Prev 12 Mo) Club Car, [The] 56 0 0 0 1 0 0 0 0 Coach's Corner 160 0 0 0 5 0 0 0 0 Colonial Lanes— 502 0 0 0 Dave's Foxhead Tavern 87 0 0 0 5 0 0 0 0 DC's 120 10 2 8 141 58 15 0.4113475 0.106383 Deadwood, [The] 218 0 0 0 16 0 0 0 0 IDevotay- 45 0 0 0 Donnelly's Pub 49 0 0 0 5 0 0 0 0 ts: (Dublin Underground, [The] 57 1 0 0 7 0 0 0 0 Eagle's, [Fraternal Order of] 315 0 0 0 Eden Lounge 0 0 0 12 2 0 0.1666667 0 ] EI Banditos 25 0 0 0 ]EI Cactus Mexican Cuisine 0 0 0 ]EI Dorado Mexican Restaurant 104 0 0 0 ]EI Ranchero Mexican Restaurant 161 0 0 0 ] Elks #590, [BPO] 205 0 0 0 ] Englert Theatre— 838 0 0 0 ]Fieldhouse 178 4 0 0 90 24 10 0.2666667 0.1111111 ] FilmScene 0 0 0 1 0 0 0 0 ] First Avenue Club— 280 0 0 0 7 0 1 0 0.1428571 ] Formosa Asian Cuisine— 149 0 0 0 ]Gabes— 261 1 0 0 10 0 0 0 0 ] George's Buffet 75 0 0 0 14 0 0 0 0 ]Givanni's— 158 0 0 0 ]Godfather's Pizza 170 0 0 0 ]Graze— 49 0 0 0 Friday, July 17, 2015 Page 2 of 5 V_ Iowa City Police Department and University of Iowa DPS Bar Check Report - June, 2015 FILED Possession of Alcohol Under the Legal Age (PAULA) Under 21 Charges 2015 411 17 PH 12; 52 Numbers are reflective of Iowa City Police activity and University of Iowa Police Activit1fy rti✓f f Business Name Occupancy (occupancy loads last updated Oct 2008) =University of Iowa Monthly Totals Bar Under2l PAULA Checks Prev 12 Month Totals Bar Under2l PAULA Checks Under 21 P LA Ratio Ratio (Prev 12 Mo) (Prev 12 Mo) Grizzly's South Side Pub 265 2 0 0 31 0 0 0 0 Hilltop Lounge, [The] 90 6 0 0 37 0 0 0 0 Howling Dogs Bistro 0 0 0 IC Ugly's 72 9 0 0 49 0 0 0 0 India Cafe 100 0 0 0 Iron Hawk 0 0 0 (Jimmy Jack's Rib Shack 71 0 0 0 lJobsite 120 6 0 0 46 0 0 0 0 JJoe's Place 281 1 0 0 31 0 0 0 0 JJoseph's Steak House- 226 0 0 0 Linn Street Cafe 80 0 0 0 ] Los Portales 161 0 0 0 ] Martini's 200 5 3 0 71 45 11 0.6338028 0.1549296 ] Masala 46 0 0 0 ] Mekong Restaurant- 89 0 0 0 ] Micky's- 98 0 0 0 3 0 0 0 0 ]Mill Restaurant, [The]- 325 0 0 0 ]Moose, [Loyal Order of] 476 0 0 0 ] Motley Cow Cafe 82 0 0 0 ] Noodles & Company- 0 0 0 ]Okoboji Grill- 222 0 0 0 ]Old Capitol Brew Works 294 0 0 0 ]One -Twenty -Six 105 0 0 0 ]Orchard Green Restaurant- 200 0 0 0 ]Oyama Sushi Japanese Restaurant 87 0 0 0 ] Pagliai's Pizza- 113 0 0 0 Friday, July 17, 2015 Page 3 of 5 Iowa City Police Department and University of Iowa DPS Bar Check Report - June, 2015 g rs , Possession of Alcohol Under the Legal Age (PAULA) Under 21 NI5r h 17 PM I?: Numbers are reflective of Iowa City Police activity and University of Iowa Police Qtivlty Business Name Occupancy (occupancy loads last updated Oct 2008) = university of Iowa Monthlv Totals Bar Checks Under2l PAULA P E Ch Panchero's (Clinton St)— 62 0 0 0 Panchero's Grill (Riverside Dr)— 95 0 0 0 Pints 180 12 0 0 Pit Smokehouse— 40 0 0 0 Pizza Arcade 0 0 0 ]Pizza Hut— 116 0 0 0 ] Players 114 0 0 0 ]Quinton's Bar & Deli 149 1 0 0 3 ] Rice Village 0 0 0 3 ] Ride 0 0 0 8 ]Ridge Pub 0 0 0 ] Riverside Theatre— 118 0 0 0 ] Saloon— 120 0 0 0 ]Sam's Pizza 174 0 0 0 ]Sanctuary Restaurant, [The] 132 0 0 0 ]Shakespeare's 90 0 0 0 ]Sheraton 0 0 0 ] Short's Burger & Shine— 56 0 0 0 ]Short's Burger Eastside 0 0 0 ]Sports Column 400 9 0 2 ]Studio 13 206 1 0 0 ]Summit. [The] 736 4 0 0 ]Sushi Popo 84 0 0 0 ]Szechuan House 0 0 0 ]Takanami Restaurant— 148 0 0 0 ]Taqueria Acapulco 0 0 0 E a v 12 Month Totals As Under2l PAULA ,,;`:,`, Under2l PAULA Ratio Ratio (Prev 12 Mo) (Prev 12 Mo) 11 1 0.1410256 0.0128205 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 28 15 0.2857143 0.1530612 3 0 0 0 0 8 41 42 0.3474576 0.3559322 Friday, July 17, 2015 Page 4 of 5 FV C C C C C E E I E C C E Iowa City Police Department and University of Iowa DPS a,. Bar Check Report - June, 2015 2015 JUL 17 PM 12: 5 Possession of Alcohol Under the Legal Age (PAULA) Under 21 Charges Numbers are reflective of Iowa City Police activity and University of Iowa PG06 At:�v➢tV Business Name Occupancy Monthly Totals Prev 12 Month TotalsUnder 21 PAULA (occupancy loads last updated Oct 2008) = University of Iowa Bar Checks Under2l PAULA Bar Under2l PAULA Checks Ratio (Prev 12 Mo) Ratio (Prev 12 Mo) -- TCB 250 3 0 0 72 0 0 0 0 Thai Flavors 60 0 0 0 Thai Spice 91 0 0 0 Times Club @ Prairie Lights 60 0 0 0 (Trumpet Blossom Cafe 94 0 0 0 ] Union Bar 854 8 2 0 116 29 21 0.25 0.1810345 ] VFW Post #3949 197 0 0 0 ]Vine Tavern, [The] 170 1 0 0 16 12 2 0.75 0.125 ] Wig & Pen Pizza Pub- 154 0 0 0 ]Yacht Club, [Iowa City]- 206 2 0 0 22 0 1 0 0.0454545 ]Yen Ching 0 0 0 ]Z'Mariks Noodle House 47 0 0 0 100 10 12 1416 288 157 0.2033898 0.1108757 Totals Off Premise 0 0 10 0 0 162 0 0 Grand Totals 22 319 * includes outdoor seating area exception to 21 ordinance Friday, July 17, 2015 Page 5 of 5 I r i �fm' -IP11 _� CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX www.icgov.org July 21, 2015 TO: The Honorable Mayor and the City Council RE: Civil Service Entrance Examination — Maintenance Worker I — Water Customer Service Under the authority of the Civil Service Commission of Iowa City, Iowa, I do hereby certify the following named person(s) as eligible for the position of Maintenance Worker I — Water Customer Service. Cody Hudachek IOWA CITY CIVIL SERVICE COMMISSION Lyra VY. Dickerson, Chair r 1 ^'® -23-15 IP12 CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX www.icgov.org July 22, 2015 TO: The Honorable Mayor and the City Council RE: Civil Service Entrance Examination — Custodian — Government Buildings Under the authority of the Civil Service Commission of Iowa City, Iowa, I do hereby certify the following named person(s) as eligible for the position of Custodian — Government Buildings Juan Capitan IOWA CITY CIVIL SERVICE COMMISSION Lyra 4. Dickerson, Chair WestRock July 17, 2015 Ted A. Harms State Rapid Response Coordinator Iowa Workforce Development 3420 University Avenue Waterloo, IA 50701 Mayor Matt Hayek 410 E Washington Street Iowa City, IA 52240 Dear Sir or Madam: FILE 2015 JUL 20 Pit 1: 36 CITY OLE --R IOWA CITY, IG` A This letter serves to provide notice of WestRock's decision to permanently close the entire WestRock Iowa City Assembly plant located at 2561 Independence Rd., Iowa City IA 52240. This letter shall serve as notice, required under the WORKER ADJUSTMENT and RETRAINING NOTIFICATION ACT (WARN) that the Iowa City plant will cease operations and terminate all employees no earlier than September 30, 2015 or within a 14 day period beginning on this date. Since the entire facility will be closed, there are no bumping rights. A listing of affected job classifications and number of employees in each classification is attached. The notices to affected employees were sent via certified and regular mail. If you need any further information you can contact me at 336-918-3638 or Kathleen Griess, Business HR Manager at 60-636-8164. I attest to the truthfulness contained in this notice. Sincerely, Ed Dimmette Regional Assembly Vice President Attachments M From: City of Iowa City <CityoflowaCity@public.govdelivery.com> Sent: Thursday, July 23, 2015 2:12 PM To: Marian Karr Subject: City Council Listening Post © SHflRE Having trouble viewing this email? View it as a Web page. ��°f IOWA CITY FOR IMMEDIATE RELEASE Date: July 23, 2015 Contact: Marian K. Karr, City Clerk Phone: 319-356-5041 City Council Listening Posts The second City Council listening post will be held at Lucky's Market (cafe area), 1668 Sycamore Street, Wednesday, July 29, from 5:30-7:00 PM. Two Council Members will attend each listening post and those two Council members will report back to the entire Council. Members of the community are encouraged to stop by and meet with Council representatives to discuss any community issue. No formal agenda or presentation is planned. The City Council of Iowa City approved the 2013 Equity Report Action Plan and five areas of focus for relationship building at the February 23 Council meeting. The plan outlined top priorities and new initiatives developed by City staff and Council to promote racial equity and diversity. One of the new initiatives is to host listening posts in various locations throughout the year. Other listening posts are planned in other areas later in the year. For additional information, questions, or suggestions on future locations for listening posts please contact City Clerk Marian Karr at Marian-Karr(d)iowa-city.org, 319-356-5041; or Equity Director Stefanie Bowers at Stefanie-Bowers(d),iowa-city.org, 319-356-5022. ! 0#1 +�3Questions? `"•� c Contact Us CITY OF IOWA CITY UMSCO CHN of t Il ERnlM STAY CONNECTED: M©r 0 E V r— 1 to I O R E E v LU Q W Z W =a oo�� IL p Z4-0 ■■ H Q a � �� =y � = C Y N C U O /� �4-1Co C L U N V � a v o a .. = a � N D LU Q W Z W =a oo�� DRAFT COMMUNITY POLICE REVIEW BOARD (formerly Citizens Police Review Board) MINUTES — July 20, 2015 CALL TO ORDER: Chair Melissa Jensen called the meeting to order at 5:30 P.M. MEMBERS PRESENT: Fidencio Martinez, Joseph Treloar MEMBERS ABSENT: Royceann Porter, Mazahir Salih STAFF PRESENT: Legal Counsel Pat Ford and Staff Kellie Tuttle STAFF ABSENT: None OTHERS PRESENT: Captain Doug Hart of the ICPD RECOMMENDATIONS TO COUNCIL (1) Accept CPRB FY15 Annual Report (2) Accept CPRB Report on Complaint #15-02 CONSENT CALENDAR Motion by Treloar, seconded by Martinez, to adopt the consent calendar as presented or amended. • Minutes of the meeting on 06/16/15 Motion carried, 3/0, Porter and Salih absent. OLD BUSINESS None. NEW BUSINESS CPRB FY15 Annual Report - After review, the Board had minor changes to the report. Motion by Treloar, seconded by Martinez to accept the FY15 Annual report as amended and forward to the City Council. Motion carried, 3/0, Porter and Salih absent. PUBLIC DISCUSSION None. BOARD INFORMATION With the possibility of being his last meeting, Jensen thanked Martinez for his service on the Board and to the community. Martinez's term ends September 1 and may not be available for an August meeting due to scheduling. STAFF INFORMATION None. CPRB July 20, 2015 Page 2 EXECUTIVE SESSION Motion by Martinez, seconded by Treloar to adjourn into Executive Session based on Section 21.5(1)(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22-7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. Motion carried, 3/0, Porter and Salih absent. Open session adjourned at 5:40 P.M. REGULAR SESSION Returned to open session at 6:50 P.M. Motion by Treloar, seconded by Martinez, to forward the Public Report as amended for CPRB Complaint #15-02 to City Council. Motion carried, 3/0, Porter and Salih absent. TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) • August 11, 2015, 5:30 PM, Helling Conference Rm • September 8, 2015, 5:30 PM, Helling Conference Rm • October 13, 2015, 5:30 PM, Helling Conference Rm Martinez and Jensen will not be available the week of August 11 th. Staff will look at meeting materials and contact Board members to schedule a date if a August meeting is needed. ADJOURNMENT Motion for adjournment by Martinez, seconded by Treloar. Motion carried, 3/0, Porter and Salih absent. Meeting adjourned at 6:53 P.M. COMMUNITY POLICE REVIEW BOARD (Formerly Citizens Police Review Board) ATTENDANCE RECORD YEAR 2014-2015 (Meeting Date) KEY: X = Present O = Absent O/E = Absent/Excused NM = No meeting --- = Not a Member TERM 9/15 10/13 11/10 11/25 12/3 12/8 12/29 2/10 3/10 4/7 4/28 5/20 6/16 7/20 NAME EXP. Melissa 9/1/16 X X X X X X X X X X X X X X Jensen Joseph 9/1/17 X X X X O/E X X X X X O/E X X X Treloar Royceann 9/1/16 O X O O X X X O X X X O O/E O/E Porter Mazahir 9/1/17 X X X X X X O/E X O/E X X O/E O O Salih Fidencio 9/1/15 --- --- X X X X O/E X X O X X X X Martinez KEY: X = Present O = Absent O/E = Absent/Excused NM = No meeting --- = Not a Member COMMUNITY POLICE REVIEW BOARD GENERAL RESPONSIBILITIES Established in 1997, by ordinance #97-3792, the Iowa City Police Citizens Review Board formerly known as Citizens Police Review Board and now known as Community Police Review Board (hereafter referred as the CPRB), consists of five members appointed by the City Council. The CPRB has its own outside legal counsel. The Board was established to review investigations into claims of police misconduct, and to assist the Police Chief, the City Manager, and the City Council in evaluating the overall performance of the Police Department by reviewing the Police Department's investigations into complaints. The Board is also required to maintain a central registry of complaints and to provide an annual report setting forth the numbers, types, and disposition of complaints of police misconduct. The Board shall hold at least one community forum each year for the purpose of hearing citizens' views on the policies, practices and procedures of the Iowa City Police Department. To achieve these purposes, the Board complies with Chapter 8 of the Iowa City Code and the Board's By -Laws and Standard Operating Procedures and Guidelines. In FY2015. an educational video was prepared for use on cable TV. In May, City Council adopted the recommendations of the Charter Review Commission, changing the name to Community Police Review Board. ACTIVITIES AND ACCOMPLISHMENTS FOR FISCAL YEAR 2015 Meetings The CPRB tentatively holds monthly meetings on the second Tuesday and special meetings as necessary. During FY15 the Board held fourteen meetings and one Community Forum. ICPD Policies/Procedures/Practices Reviewed By CPRB The ICPD regularly provided the Board with monthly Use of Force Reports, Internal Investigation Logs, Demographic Reports and various Training Bulletins. The Department also provided various General Orders for the Board's review and comment. A senior member of the Police Department routinely attended the open portion of the CPRB meetings, and was available for any questions Board members had regarding these reports. Presentations In April of 2015 the Board held its seventh Community Forum as required by the City Charter. The Board did introductions and the forum was opened to the public for questions. There were twelve members of the public that spoke at the forum. Topics of discussion included the following: Board responsibilities, military surplus equipment, body cameras, racial disparity, profiling, and diversity in the police department. Board Members In October 2014 officers were nominated with Melissa Jensen as Chair and Joseph Treloar as Vice - Chair. Fidencio Martinez was appointed in November of 2014 for an unexpired term. CPRB Annual Report FY 2015 — Approved 07/20/2015 —1 COMPLAINTS Number and Type of Allegations Eleven complaints (14 -03,14 -04,14-05,14-06,14-07,14-08,14-09,14-10,14-11,15-01,15-02) were filed during the fiscal year July 1, 2014 — June 30, 2015. Eight public reports were completed during this fiscal period (14-02,14-03,14-04,14-06,14-08,14-11,15-01). One complaint was withdrawn (14-07) and three complaints were summarily dismissed (14-05,14-09,14-10) The remaining complaint filed in FY15 is pending before the Board (15-02). Allegations Complaint #14-02 1. Excessive Use of Force — SUSTAINED. Complaint #14-03 1. Illegal Search of the Vehicle — NOT SUSTAINED. 2. Harassment — NOT SUSTAINED. 3. Use of a Racial Epithet — NOT SUSTAINED. Complaint #14-04 1. Responsibilities — NOT SUSTAINED. 2. Obedience to laws and regulations — NOT SUSTAINED. 3. Incompetence — NOT SUSTAINED. Complaint #14-05 SUMMARILY DISMISSED Complaint #14-06 1. Unlawful Search — NOT SUSTAINED. 2. Unlawful Seizure — NOT SUSTAINED. Complaint #14-07 WITHDRAWN. Complaint #14-08 1. Officer included inaccurate information in an official police report — NOT SUSTAINED. 2. This was retaliation against the Complainant for filing a complaint against another officer in an earlier CPRB complaint — NOT SUSTAINED. Complaint #14-09 SUMMARILY DISMISSED. Complaint #14-10 SUMMARILY DISMISSED. Complaint #14-11 1. Officer failed to sufficiently investigate the motor vehicle collision as directed by ICPD General Order 99-09, Section IV, Procedures. — NOT SUSTAINED. 2. Officer's determination that the Complainant was at fault in the accident was incorrect and the traffic citation for following too closely should not have been issued — SUSTAINED. 3. Officer did not listen to the Complainant's point of view in regard to how the accident occurred — NOT SUSTAINED. CPRB Annual Report FY 2015 — Approved 07/20/2015 — 2 4. Officer's threat to take the Complainant to jail was inappropriate under these circumstances — NOT SUSTAINED. 5. Officer issued the Complainant a citation because she is not an "American". — NOT SUSTAINED. Complaint #15-01 1. Racial Profiling — NOT SUSTAINED. 2. Discourtesy — NOT SUSTAINED. Level of Review The Board decided, by simple majority vote, the level of review to give each report, selecting one or more of the six levels specified in the City Code per complaint: Level a On the record with no additional investigation 7 Level b Interview or meet with complainant 0 Level c Interview or meet with named officer 0 Level d Request additional investigation by Chief or 0 City Manager, or request police assistance in the Board's own investigation Level a Board performs its own additional investigation 0 Level f Hire independent investigators 0 Complaint Resolutions The Police Department investigates complaints to the CPRB of misconduct by police officers. The Police Chief summarizes the results of these investigations and indicates in a report (the Chiefs Report) to the CPRB whether allegations are sustained or not sustained. (If complaints are made against the Chief, the City Manager conducts the investigation and prepares and submits the reports.) The Board reviews both the citizens' complaint and the Chief's Report and decides whether its conclusions about the allegations should be sustained or not sustained. The Board prepares a report which is submitted to the City Council. Of the eighteen allegations listed in the seven complaints for which the Board reported, two were sustained. The Board made comments and/or recommendations for improvement in police policy, procedures, or conduct in three of the reports: Complaint #14-02 — The CPRB acknowledges that suitable changes have been made to the Weapons policy. Complaint #14-04 — The original eight allegations are summarized in the three categories listed above. Complaint 15-01 - CPRB acknowledges cultural differences and mannerisms may make it difficult to accurately assess and interpret behavior, especially when compared to others behavior/responses. Name -Clearing Hearings The ordinance requires that the Board not issue a report critical of the conduct of a sworn officer until after a name -clearing hearing has been held. During this fiscal period, the Board scheduled two name -clearing hearings, but none were held. CPRB Annual Report FY 2015 — Approved 07/20/2015 — 3 Complaint Histories of Officers City ordinance requires that the annual report of the CPRB must not include the names of complainants or officers involved in unsustained complaints and must be in a form that protects the confidentiality of information about all parties. In the seven complaints covered by the FY15 annual report a total of ten officers were involved with allegations against them. ICPD Internal Investigations Logs The Board reviewed the quarterly ICPD Internal Investigations Log, provided by the Chief of Police. COMPLAINT DEMOGRAPHICS The following is demographic information from the seven complaints that were completed in this fiscal year. Because complainants provide this voluntarily, the demographic information may be incomplete. * Category/Number of Complainants Ase: National Origin: Color: Under 21 0 American 2 White 2 21 & over 4 Unknown 5 Black 1 Unknown 3 Brown 1 Unknown 3 Sexual Orientation: Gender Identity: Sex: Heterosexual 1 Female 1 Female 1 Unknown 6 Male 2 Male 2 Unknown 4 Unknown 4 Marital Status: Relinion: Mental Disability: Single 2 Unknown 6 No 0 Married 1 None 1 Yes 1 Unknown 4 Unknown 6 Divorced 0 Physical Disability: No 1 Yes 0 Unknown 6 * Information is reported as presented by the person completing the form. BOARD MEMBERS Melissa Jensen, Chair Joseph Treloar, Vice Chair Royceann Porter Mazahir Salih Maxime Tremblay/Fidencio Martinez CPRB Annual Report FY 2015 — Approved 07/20/2015 — 4 COMMUNITY POLICE REVIEW BOARD (formerly known as Citizens Police Review Board) A Board of the City of Iowa City 410 East Washington Street Iowa City, IA 52240-1826 (319) 356-5041 July 20, 2015 0 c To: City Council Complainant =se -- City Manager p. Equity Director Sam Hargadine, Chief of Police `•a Officer(s) involved in complaint s7 cn cpm From: Community Police Review Board Re: Investigation of CPRB Complaint #15-02 This is the Report of the Citizens Police Review Board's (the "Board") review of the investigation of Complaint CPRB #15-02 (the "Complaint"). BOARD'S RESPONSIBILITY Under the City Code of the City of Iowa City, the Board's responsibilities are as follows: 1. The Board forwards all complaints to the Police Chief, who completes an investigation. (Iowa City Code Section 8-8-7(A).) 2. When the Board receives the Police Chiefs report, the Board must select one or more of the following levels of review, in accordance with Iowa City Code Section 8-8-7(B)(1): a. On the record with no additional investigation. b. Interview /meet with complainant. c. Interview /meet with named officer(s) and other officers. d. Request additional investigation by the police chief, or request police assistance in the board's own investigation. e. Perform its own investigation with the authority to subpoena witnesses. f. Hire independent investigators. 3. In reviewing the Police Chiefs report, the Board must apply a "reasonable basis" standard of review. This means that the Board must give deference to the Police Chiefs report, because of the Police Chiefs professional expertise. (Iowa City Code Section 8-8-7(B)(2).) 4. According to Iowa City Code Section 8-8-7(B)(2), the Board can recommend that the Police Chief reverse or modify the Chiefs findings only if: a. The findings are not supported by substantial evidence; or b. The findings are unreasonable, arbitrary or capricious; or c. The findings are contrary to a police department policy or practice, or any federal, state or local law. 5. When the Board has completed its review of the Police Chiefs report, the Board issues a public report to the city council. The public report must include: (1) detailed findings of fact; and (2) a clearly articulated conclusion explaining why and the extent to which the complaint is either "sustained" or "not sustained ". (Iowa City Code Section 8-8-7(13)(3).) 6. Even if the Board finds that the complaint is sustained, the Board has no authority to discipline the officer involved. o C_n BOARD'S PROCEDURE The Complaint was initiated by the Complainant on 03/18/15. As required by Se N 8-8-5(B) of the City Code, the Complaint was referred to the Chief of Police for in atm. U0 The Chief's Report was filed with the City Clerk on 05/21/15. to The Board voted on 06/16/15 to apply the following Level of Review to the Chiefs Report: gn the record with no additional investigation, pursuant to Iowa City Code Section 8-8-7(Bx1)(a). As customary the Police Chief provided a copy of all audio or video recordings of the incident. The Board met to consider the Report on 06/16/15 and 07/20/15. Board members independently reviewed audio or video recordings of the incident prior to this meeting. FINDINGS OF FACT On March 9, 2015, Iowa City police imitated a traffic stop due to a nonfunctioning brake light. Officers informed the driver of the violation and asked for relevant documents (license, registration, insurance). While engaging the driver in conversation the officer made a number of observations that caused him to suspect that evidence of illegal drug use or transport might be found in the vehicle. Upon request a Sargent authorized a K-9 unit to be dispatched to the scene for drug detection. Officers removed the Complainant and the passenger and searched the vehicle, based on a positive alert from the K-9. No evidence of illegal drugs was found. Subsequently the passenger admitted to smoking marijuana earlier in the day while wearing the same clothes. The Complainant was issued three traffic citations and arrangements were made for him to park the vehicle until a valid driver could respond. ALLEGATION 1 —Unprofessional Behavior -Rudeness and Harassment. The Complainant alleged that he brought his disabilities to the officer's attention and was ignored. The Complainant alleged that officers got him and his passenger out of the vehicle and sat them on the ground. Review of the videos showed that at no time was the Complainant sat on the ground, nor did he sit on the ground on his own accord. The Complainant was seen standing and leaning on the police car but not sitting on the ground. The Complainant did mention to the officer that he had disabilities but did not identify any special needs that the officer should consider when dealing with him. The Complainant included in his complaint, "we were never informed the traffic stop was now a drug stop, until the officer showed up with a drug dog". The officer stated he does not tip off people that a K- 9 is responding because he wants to minimize the opportunity for the destruction or discarding of illegal drugs. This is consistent with established practices of the ICPD. There was no evidence in the video and audio recordings of officers behaving rudely or unprofessionally toward the Complainant or his passenger. Allegation: 1 - Unprofessional Behavior -Rudeness and Harassment - Not Sustained ALLEGATION 2 — Differential Treatment -Violation of Civil Rights. The Complainant alleged that officers did not advise him of his rights by reading him a Miranda Warning. However, the Complainant and his partner were not subject to a custodial interrogation, so advising them of their Miranda Warning was not required. The Complainant alleged that officers searched his vehicle without consent. The officer had reasonable suspicion that drugs would be found in the car, so consent was not required once the K-9 alerted. The Complainant alleged that officers "depended on our fear & intimidation so that I would give them what they wanted." When the videos of this incident were reviewed, there was no evidence of officers attempting to use fear or intimidation when dealing with the Complainant and the passenger in his vehicle. The Complainant alleged he was discriminated due to this race. In reviewing the video and audio evidence there was nothing to indicate any discrimination. Allegation: 2 — Differential Treatment -Violation of Civil Rights - Not sustained - - - - ALLEGATION 3 — False Reports. The Complainant alleged that officers did not have grounds to issue him citations. The Complainant reported that ... but I refused to sign any of the tickets so the officer took the tickets back & got into his vehicle & left." The Chief's report included three citations signed by the Complainant. The Complainant could be seen on the video signing these citations. The Chief's report also included records from Iowa Courts on Line showing that the Complainant plead guilty of two of the citations and the third "Financial Liability Coverage 321.2013-A" was dismissed. Financial Liability Coverage charges are dismissed, by operation of law, if the defendant provides proof to the court that they were insured at the time the citation was issued. Pleading guilty to the citations contradicts the allegation that these were false reports. ,a, _ C= Allegation: 3 - False Reports- Not sustained' C— C= ra COMMENTS r n• The complete video and audio record alone clearly refutes all of the allegationsisc�duc baseless. In fact, after extensive audio and video review during this investigati(SK the smplainant agreed the officer did not commit the violations that were alleged. co IP17 MINUTES PRELIMINARY PUBLIC ART ADVISORY COMMITTEE THURSDAY, June 04, 2015 LOBBY CONFERENCE ROOM — CITY HALL Members present: Tam Bryk, Brent Westphal, Sayuri Sasaki Hemann, Mike Moran, Ron Knoche Not present: Bill Nusser, John Engelbrecht Staff Present: Marcia Bollinger Public Present: None RECOMMENDATIONS TO THE CITY COUNCIL: (to become effective only after Council action) None CALL TO ORDER Meeting called to order at 3:30pm. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA There was no public comment of items not on the agenda. CONSIDERATION OF THE MINUTES OF THE MAY 7, 2015 MEETING MOTION: Knoche moved to approve the May 7th, 2015 meeting minutes. Sayuri seconded. Motion passed 5:0. SPORTS COLUMN MURAL PROJECT Bollinger stated that the Sports Column is receiving a fagade improvement grant through economic development funding. As a part of the fagade improvement, the Sports Column wants to create a mural on the south side of the building on the alley. Bollinger stated that the mural is a public art hence it needs to be reviewed and approved by the Public Art Committee. Bollinger did not get anything back from the Sports Column so that she did not have anything to show AT this time. MATCHING FUND PROGRAM Bollinger stated that she is working with all departments to develop a standard policy for how to review request to display information in or on city facilities, including banners, display areas, the public library, and buses. Bollinger stated that she wants to include part of that information in the Matching Fund Program and she has completed most components. Bollinger handed out Matching Fund Document. She stated that she would propose for approval on the four pages document after the committee review it. Bryk stated that they will give her feedback before next meeting. COLLEGE GREEN PARK-STAIRART Bollinger handed out document of Call to Artist in College Green Park Stair Steps Art Project. Bollinger stated that she needs suggestions on the theme of the proposed art work in this call. Members of the committee then discussed the theme of the proposed design and they came up the suggestion that the theme does not have to specifically focus on historic or nature as long as the art work fits the park's historic character. Then the committee worked on the language of the theme of art work with Bollinger. They suggested express requirement on theme of art work in the call as following: "The Committee encourages the proposed artwork complement the existing park features." MOTION: Sayuri moved to approve the Call to Artist in College Green Park Stair Steps Art Project. Moran seconded. Motion passed 5:0. UPDATES Bollinger stated that in total 26 poets is scheduled to read their poems on Saturday, June 6th or on Sunday, June 7th on the Linn St Stage, which is located at the intersection of Linn Street and Iowa Avenue. In terms of Kidztent, Bollinger stated that the city got 56 responses in total from artists who are willing to donate their original art works to kids. The committee members Westphal and Engelbrecht and Bollinger's intern, Chen will help to collect those donations on Saturday. The Kidztent will be 10.00 am to 4.00 pm on Sunday. Sayuri, Chen and Ashley will be volunteers on Sunday. OTHER No other news. ADJOURNMENT Bryk motioned and Westphal seconded a motion to adjourn at 4:15 PM. Minutes created by Qilu Chen. K a N ` fA � W N c E NN m 2 -am O aQaz u 11 n u m X O X O X X X co X X X O X X X M XXX 0 X X 0 N X X X w X X X v N X X X ;