HomeMy WebLinkAbout2017-01-03 TranscriptionPage 1
Council Present: Botchway, Cole, Dickens, Mims, Taylor, Thomas, Throgmorton
Staff Present: Fruin, Monroe, Andrew, Dilkes, Voparil, Simpson, Havel, O'Brien,
Kelsay, Nations, Boothroy, Hightshoe, Weinard, Yapp, Knoche
Others Present: Simpson (UISG)
Sanctuary City fIP #4 of 12/29 packet]:
Throgmorton/ We're gonna move into our work session now. So .... let me open up my own text
here. The first item on our, uh, work session agenda is, uh, "Sanctuary City." I'd like to
begin by framing our discussion about this topic, and I'm gonna do so partly for our
benefit, but also for members of the public who have expressed their interest, uh, email or
phone or by your presence. For those .... who are watching and have not had a chance to
read the emails or listen to the phone calls, I want to note that a large proportion of those
who oppose the Sanctuary City concept are not residents of Iowa City. Many are, but a...
a substantial number are not. Some live as far away as California. This topic is on our
work session agenda tonight because we as a Council had received, prior to our last
meeting on December the 6a', many emails and phone calls from Iowa City residents,
urging us to declare Iowa City a Sanctuary City. Rather than respond immediately,
simply on the basis of their request, and knowing that this is a very controversial topic, I
thought we should proceed cautiously, deliberatively, as a matter of good governance.
The first thing we needed to do was make sure our three newest Council Members knew
how the Council had responded to a similar request five years ago. Consequently, I
asked our City Attorney to provide us with background information about what the
Council did back then. With that background information in hand, I asked the Council
whether it wanted to discuss the topic further at our next meeting, meaning tonight. The
Council agreed to do so. So we're having a work session discussion about it tonight. We
will not be voting on the question tonight. Instead we will be having a thoughtful,
informed discussion about what new actions we should take, if any, to ensure that all of
our residents, including immigrants, can live in Iowa City without fear. To help us do
that, we asked our City Attorney, Eleanor Dilkes, to provide us with additional
background information that could inform our discussion. She did so. It's contained in,
uh, our most recent Information Packet, uh, which is the kind of thing we get basically
once a week. So I'm gonna ask Eleanor to provide us collectively with an overview of
that .... of that memo. hnmediately after Eleanor finishes, our Council will discuss how
we want to proceed. So ... with that, let me turn things over to Eleanor.
Dilkes/ Urn .... well you've got the memo in front of you and the memo's certainly available to
the public so I won't go in.....into a lot of detail, but I'll just highlight, um.....
Throgmorton/ Can you speak into the microphone, Eleanor?
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Dilkes/ ...highlight some of the issues. Um, I think what I started with in the memo and what has
been revealed, I think, by the emails that you've gotten is that there is no legal definition
of what a Sanctuary City is. Um .... it generally refers to the concept that various cities
and counties, municipalities have put into place, um .... expressing their desire not to use
local resources to aid in immigration enfor... enforcement and/or collect, um, information,
uh, about immigration when it's not necessary to the public safety function. Um .... but I
think.... and.... and there's been a lot of commentary on this, that..... generally Sanctuary
City policies are not harboring policies. They are not.... they're.....they're not a
statement of...that the City is going to take affirmative action to shield, um, unlawful
immigrants from detection, but rather that they're not going to assist in the federal
immigration enforcement efforts, um, or collect information, um, when not necessary for,
um, the City's purposes. Um, so I gave you, you know, kind of a .... a list of additional
information. I'll just highlight a few of those things. Um ... as I think .... as you know, the
City adopted an administrative policy that, um .... unless otherwise required by law, such
as with I-9 forms for employment, um, the City asked for .... when we need identification,
we're to ask for government -issued, uh, identifi.... photo identification, not a driver's
license, for instance. Um, I .... I gave you a section on how ICE detainer requests. So....
and this kinda plays into the secure communities issue. So, um ... one of the issues, I
think, that has been recognized with the Sanctuary City designation is that.... because of,
uh, the.... formally known as Secure Communities, uh, program put into place by the, uh,
federal government, any time a fingerprint is taken in a local jail, that fingerprint not only
goes against the FBI's database but goes against the ICE database. So essentially when
there's an arrest made, there is a fingerprint that goes to ICE, and there's nothing that we
as a local entity can do about that. The most likely response from ICE to that fingerprint
match, if there was somebody who they were interested in, um.....finding, would be to
issue a detainer request to the Johnson County Jail, asking that, uh, the person be held,
um, until, uh.... ICE could send someone to get them or investigate whether they wanted
to ge.... send someone to get them. Um, it's quite .... it's pretty clear now under the case
law that.... that... and according to the language of the statute, that detainer requests are
just that. They are requests that somebody be detained and not a .... law.
Throgmorton/ It's not a mandate (both talking) It's not (both talking)
Dilkes/ ....and in fact, um, loc.... there have been a couple cases where the local government has
been held liable for violation of Constitutional rights for honoring that detention request,
um, when they didn't have a warrant and .... etc., and because it was a request, it was the
locality that was deemed to have made that decision to detain, uh, without probable cause
and then there's.... liability. Um, Johnson County, and a number of other counties in
Iowa, um, do not honor detainer requests. Um .... I think.....I gave you the information
that we had received from the Iowa City Police Department and I know there's
representatives here that can answer any questions that you have about this, but .... um...
the .... the command staff and the Iowa City PD could not recall any, um, time over the
last 25 years when they had been asked for assistance from the federal government to,
um, aid in immigration enforcement. Um .... we .... we .... we receive requests for
assistance from the federal government in connection with other matters. As you know,
drug enforcement and that kind of thing, and we partner with them on those issues. Um,
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but we have not done .... we have not received a request for immigration, uh, enforcement,
nor has the Iowa City PD or any, um, law enforcement departrnent in Iowa that I can
determine has entered into what's called `the 287G program,' which is the program
whereby the federal government will actually train and depudiz ... deputize local law
enforcement to, um, to enforce immigration law. Um .... I gave you the information about
the federal consular notification requirements, that when, um, the federal law requires
that, um, if a person who is not a U.S. citizen is arrested without .... who is, yes, who is
not a U.S. citizen is arrested without regard to whether they're heel ... here legally or
illegally, um ... they have the right under law to have, urn .... to ask that their con ... their
consular, their, um, embassy often, be notified, um, and the purpose of the consular is to
provide assistance to .... to them while they're in this country. And there are some
mandatory countries for which, um, consular notification is required and I gave you that
list. Um .... I think the major law that, um.....and I .... I explain this in my earlier memo in
2011, where I kind of broke it down into the ... the elements of don't tell, don't ask, don't
enforce sanctuary policies. The.... the..... the primary law is Section 1873, um, which
basically says....the City can't tell or enact a policy or a law that says .... that our
employees cannot voluntarily exchange information with .... with ICE. Um, and it looks
to me like most Sanctuary City policies included a provision that makes that clear .... um,
and I ... I would advise you to include that if. ... if you decide to move forward with some
policies, but again that's just the .... that would not affect, uh, a policy that says `we're not
going to enforce, um, federal immigration law,' or a policy that says `we're not gonna
collect information, immigration information, when it's not necessary.' And I explain to
you that, um, with our JAG grants, our Justice Assist.... Assistance Grants from the
federal government, um, they .... and it appears to me this was a .... a rose because of some
political interest in Congress, um, the .... the Justice Department specifically told, uh,
recipients and sub -recipients of JAG grants that when they were certifying that they
complied with applicable federal laws. It was a certification that they were also
complying with, um, 1373. Um, and .... (clears throat) I ... I think there's nothing, uh,
we ... we can make that certification now and as long as you included the qualification in
any policy that you did, we could make .... make that, um, communication. Um, I gave
you some information about, urn .... kind of ...the eq .... the Equity Director and the City
Manager and I sat in on a phone discussion of, um, the GARE national group that the
City is a, um, a party to, um .... and Government Alliance of ..on Racial Equity, I believe,
is the acronym, but urn .... and there was discussion there about the pros or cons of calling
yourself a Sanctuary City or not calling yourself a Sanctuary City. It .... I can tell by
looking online that there're all sorts of labels that are used for these types of policies,
welcoming city, um, some are called separation ordinances, i.e., we're separating
ourselves from the immigration enforcement role, um .... and I .... I think that's just
something that you all have to discuss and make a decision about, if you choose to go
forward with the policy. Um .... let's see .... I gave you a para ... (mumbled) how there's
certain circumstances in which we have to ask for .... for immigration status. And then I
just ended with the series of questions I think that you need to ask yourselves. Um,
number one is do you wish to adopt any policies limiting the City's cooperation with
federal immigration authorities, for instance not inquiring about individuals' immigration
status and/or not allocating local resources to the enforcement of immigration laws. Um,
again, I did note in the memo that, um....the.... our Police Department has said .... such a
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non -enforcement policy would not impact their current operations cause they've not
typically seen their role as .... as being one of immigration enforcement, but rather as, uh,
public safety. Um, what title if any do you wish to give to the policies and do you wish
to include a warning or reference to the secure communities, um, now known as a priority
enforcement program.
Throgmorton/ Thanks, Eleanor. Uh, could you hold those three questions in mind (both talking)
Dilkes/ Sure!
Throgmorton/ ....so that we ... we actually answer them (laughs)
Dilkes/ Sure!
Throgmorton/ ....before we end the .... the work session.
Dilkes/ Yep!
Throgmorton/ Uh, before we .... uh, to begin our discussion, uh, I want to lay my own cards out
on the line, and then ask, you know, each of ya if you have any questions for Eleanor or
comments you want to make or, you know, just process the whole .... the whole topic. I
personally do not think we should formally declare Iowa City to be "a Sanctuary City."
However, within the constraints and duties imposed by federal and State law, we must
ensure that our codes, policies, and practices are consistent with the values of Iowa
Citians and protect the most vulnerable of our residents. That's sort of a value statement
that I personally hold. Uh, but I ... I wanted to, you know, just be clear about that, because
there've been various statements quoting me about this and that in the public. So, uh,
does anybody have questions for Eleanor or, um (both talking)
Dickens/ When (both talking) when we started on the Council we took an oath. And do you ... it's
been seven years since I've taken that oath and it says something about.... following all
the State, federal laws. Do ... do you know that or have that, when....
Dilkes/ No, I know what you're referring to. Urn .... there is not a federal law that requires, um...
the City to enforce federal immigration law. There's not a State law. There's not a
federal law.
Dickens/ Yeah, I just wanted to clari.... (both talking)
Dilkes/ Nor is there federal law that requires you to proactively collect immigration, um,
information. Um .... there is, um, a federal that.... prohibits and makes criminal the
harboring of, urn ... undocumented persons. Um .... I don't think the policies that you are
considering say that, um, but we will want to make clear that we don't mean that.
Throgmorton/ So a .... a big question really has to do with discretion. Where, you know, the .... in,
the bottom line is, bottom line question is, where do we have discretion about what to do
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in .... in light of existing federal law, in light of existing State law, and so on. If there's
mandatory stuff comin' down from the higher levels, we have to respond, but if it .... if
it's something like request instead of require, then we have discretion, and you know, it's
that space that I think is really crucial for us to be conscious of.
Cole/ Can I make a brief comment, Jim?
Throgmorton/ Sure, yeah!
Cole/ (clears throat) I guess I would like to put this in a little bit of context. For me it's not
necessarily a question of where we've been, but I think it's where we're going. I think all
of us in this room, at least in my view, is that our immigration enforcement policy over
these last five years in terms of how the local Iowa City government has handled it, in my
view, has been pretty good. So I think we're not here today to address whether there's
been deficiencies, um, in the past. I think by and large I've been pleased with how our
law enforcement has addressed these issues. To me the issue is this — in light of the
robust rhetorical posture that our President Elect has taken, how are we going to think
forward and how are we going to respond and signal the posture that we wish to take.
Um, I think, Jim, you talked about the question of we get a mandate from the federal
government, will we have to follow the law. I think what I want to try to do is signal here
is will we take a robust posture in the sense of challenging the federal authority to
command individual law enforcement. I know that there are cases from the 90s that
actually say the federal government cannot command individual, um, state officials to
implement federal law. Um, Prince ... Prince vs the United States is that case. So I guess
what I would like to see is that we identify, and .... and not frame this as a question of
whether we have to follow the law or not. The question is, is in those areas where we
have discretion, what sort of...how do we want to exercise that discretion, and for me, I
want to exercise it in the most robust possible way, such that we remain friendly to
immigrants and we don't get into this question of sanctuary or not. The question is, that's
not our core competency. We're not a imm... immigration agency. Um, that's not what
our law enforcement are really trained to do. Um, and so that's what I would like to see
us do, is to signal that, and the second thing is, in light of the complexity of these issues, I
would like to see us reach out, um, we had mentioned the community I.D. card. Uh,
there's been some immigration professors that they're specialized in this area, uh, that I
think it'd be really good to reach out to them to see whether we can get a community
based task force to identify what we're doing well and to signal how we want to move
forward on this. Um, but I think that's what we need to do is identify a .... a posture on
that because lot of times .... it does come down to a choice, uh, in terms of how local
governments respond to these initiatives.
Botchway/ I would agree as well. I think that Rockne, especially your last point was a good
point around the lines of, you know, we have a law school, um, a highly touted law
school that I went to as well (laughter) um, that has done a wonderful job in work around
this type of work, um, I .... I see no reason why we can't instead of, you know, jumping
headfirst into this conversation, spend some time talking with them, um, cause they're
already kind of in the ground working. They're already doing that work within the state.
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At a recent, uh, University of Iowa human right's, uh, committee meeting, it was talked
about pretty extensively of all the work they're doing from that perspective, and so I ... I
think that is a .... a huge resource that we need to tap into, especially as we're having these
conversations. One of the questions I have centers around kind of ...you know, changes
in Council's notification of changes in policy, and so for example, you bring up the
question, Eleanor, around the 287 program, that we haven't.... ever, you know, been a
part of. If that were to change, and I don't necessarily know if this speaks to exactly what
Rockne was talking about, but my point is .... is that when we had these situations where
there is some discretion and we have a....287 program would be a discretionary program
on the City's part, to participate in. Would Council be notified before we would go into
that typical agreement? It may not be a question for you. It could be a question for, um,
Geoff or ... Police Department.
Fruin/ I haven't looked at that program to know if Council authorization is required, but given
the nature of the .... the topic and the community sensitivity towards the topic, yes, we
would bring that before you before taking any action.
Botchway/ Okay, and so (both talking)
Dilkes/ I note too, when I looked at the, urn .... the ICE web site, that all the entities that were
participating in the 287G, at least according to their web site, were jails.
Botchway/ Okay.
Throgmorton/ And .... and we don't manage the jail (both talking)
Dilkes/ (both talking) ....don't manage the jail.
Throgmorton/ ....for people to know. Other comments? Or questions for Eleanor?
Thomas/ Well I agree with Jim, uh, in that I don't think at this point it seems, um, necessary to
declare ourselves a Sanctuary City, uh, we .... we do, smc 01-1, ecm to have a pretty
good record with respect to .... addressing some of the ... th nuances and issues related to
the fact that ICE is responsible for immigration and our Iowa olice Department is
responsible for local jurisdiction with respect to public safety, and .... and so that division,
I think, has been reinforced with a number of the decisions over the last five years. Uh, I
agree with you, Rockne, that I think at this point we may be looking forward, but we
don't really know what's coming. I think we certainly need to be mindful of the fact that
something may be coming. Um, but it's .... it's difficult for me to understand what that
response would be, without knowing what the actions at the federal level are going to be.
I .... I do like the idea of. ... tapping into, um, our local resources, whether it's the
University Law School or anyone else, um, for that matter, who has expertise with
respect to .... this .... this issue of the relationship of our local, uh, police policies, as they
relate to immigration policy. But for now it seems to me the .... the, you know, we .... we
have a pretty good record. It's..... it's something that I'm not aware of any friction
currently in terms of the relationship of our Police Department to our immigration
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community. One concern I have is .... consistency within our region. I think that's
something I would be interested in. It seems we have a good, uh, good cooperation with
the County. I'm not clear what our .... what the relationship of, uh, North Liberty or
Coralville's policies with respect to this matter, uh, if they're consistent with .... with what
we've been doing. You know, I think.... consistency is a .... is an important issue because
we're.... our borders are so porous and .... (laughs) confusing, in some respects, that, uh, I
think it would be very useful as a.....as a region to have a consistent approach.... toward
the relationship of our local jurisdictions and institutions, and immigration policy.
Cole/ Here's my concern of that, John. I don't want to wait until we have notification of a
pending mass raid a week from now, you know, and I think that's what we have to
prepare ourselves for. In 2008 there was a raid called the `Postville Raid.' This involved
the forcible removal of nearly a third of the community with large-scale, uh, cooperation
between state, local, and federal officials, um, a lot of planning goes into that, and
I .... and I think that we need to make sure that we're proactive, that we're not waiting till
the 11th hour, uh.... to respond to these sorts of things. That's why I think it's so
important that we identify at very least with the Law School. They did a lot of the heavy
lifting on the community I.D., and so that we're ready for this and that we signal that
we're not going to participate because I .... I believe in community consistency as well,
but I think what we need to do is signal our leadership in the region to say that we're not
going to cooperate with this, uh, especially as it pertains to large-scale raids. If you're
talking about, uh, the question of removing the types of numbers that he's talked about,
uh, the Postville Raid was part of the long process collaboration end -game, uh, which
was, uh, then planned to remove all undocumented immigrants within 10 years. If you
want to do that, those are the sorts of raids that .... that you're talking about, and I don't
mean to be an alarmist, but I think this is realistic, given the rhetoric that we've
witnessed. So we cannot wait in my view until we get to the evening before a raid to say
how are we going to respond. We need to signal right now, uh, that we're gonna stand
with the community members, regardless of their immigration status. So I .... I want us to
be more proactive rather than sort of sit on our heels.
Throgmorton/ Rockne, do you have a particular question or way of framing a question that could
be directed toward University law professors, if...if we wanted to do that?
Cole/ Well for me the question is is .... how much.....I think the question would be is how much
authority do we have not to cooperate with either the federal or the... government in terms
of immigra... I mean there are significant Constitutional limitations like for example in
Arizona, uh, there was a challenge on the part of the state to, uh, essentially implement
federal immigration law. So I don't know that we need to sar... necessarily have a
question presented, but I think if we identify the issue to the Law School, um, identify
that we want to exercise our core, uh, authority to the maximum appen... consent possible,
uh, consistent with the immigrants, that they can collaborate with other community
members and identify how we're doing, and I think what we need to sort of look at in
terms of prospectively, so then we're not waiting till the 11th hour. I .... I really think we
need to reach out to them and see how they can be of assistance to us, um, with this
important issue.
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Botchway/ I would .... I would just change the question a little bit. I would agree. I would
change the question around and not cooperation. I think that's where we have, um, you
know, our room filled with, uh, people from various different, um, groups, you know,
worried about how we will and will not cooperate. I think that, you know, looking at our
own discretion and authority I think is where our greatest power lies. I agree with you as
far as maybe having more of a robust kind of. ... perspective or policy around that
particular thing would be fine, and using the Law School is a great resource. I just
wouldn't frame it in that particular way. It's more of a semantical argument than
anything else.
Cole/ And they may frame it another way as well.
Botchway/ Right!
Dilkes/ I .... I don't think there's debate over whether presently we are required by federal law to
cooperate with immigration enforcement. I ... I think that's a .... the issues I think, Rockne,
that you're talking about involve things like well what if there is a, um, limit on funding,
or there's an attempt to .... to take funding from us, and there are issues about, um,
coercive conditions and .... and constitutionally that ... that can't be done and so that's
something in the future that could happen. Um ..... if there was a law that said we had to
apply .... in the future that said we had to apply, um, or, uh, enforce federal immigration
law, there's some constitutional principles called Com .... Against Commandeering that
would, under the Tenth Amendment that would, um .... would be a court challenge to that
kind of thing. Um, similar to the court challenge to the, uh, law that required states to
enforce the Brady Act. Um, but in terms of right now as things stand right now, I'm...
I'm fairly certain that there is no federal law, or State law, that requires us to dedicate our
resources to enforcing federal immigration law. I ... I agree they could be a great resource
on any number of things, but I think that particular issue is not .... has been, is not .... is not
currently an issue.
Mims/ For me, um, and .... I think it looks like the majority of us, at least at this point, are the
same spot. I ... I do not agree with naming Iowa City a Sanctuary City. And ... and there's
a couple of reasons. One, and Eleanor's talked about this and I think we've seen this in a
lot of the literature is .... the false sense of security that it gives people in terms of what
that really means. I .... I think even reading some of the letters and looking at some of the
other issues.... people have different ideas of what Sanctuary City means. I think most
people do not understand the fingerprint issue, that if you are arrested, end up at the jail,
get fingerprinted, we have no control. Those fingerprints do go to the FBI. They do go
to ICE. We have no control about what happens with that. So it .... people can think that
there is more protection than there is. That .... that is one thing. The other thing quite
frankly, given the ..... I think what is most important is the policies, the actual policies that
we have in place and the actual implementation of those policies to protect people within
this community. And when you start putting labels on things and particularly in this
current environment, I don't think it does anybody any good to draw additional attention
by putting the name, the label of Sanctuary City. Um, I think also it is very clear from
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correspondence that we got that this is .... this is also a very divisive issue. Um, in terms
of how people feel about illegal immigration, um, and where we stand in this country in
terms of trying to get a reasonable immigration policy in place that can actually be
enforced. But I don't think that it does ... the most vulnerable people, and if you talk about
that in terms of the... currently the illegal immigrants, I don't think it does them a benefit
to name Iowa City a Sanctuary City. Um, I agree with the fact that we are not, um, the
enforcers of the immigration policy and I think it should stay that way. I think that
belongs in the federal government's hands. Um, and I think .... to your point, Rockne,
about using the Law School, I think it's .... I think it's really challenging to know what it
is we're asking them because, I mean, as Eleanor said, we don't know what new federal
laws and/or regulations might come down. So I ... I think it's hard to necessarily propose
what our response might be to those, and ... and quite frankly until you know what those
are, it's hard to form that response and it's hard for the public to give their input as to
what they think our response should be.
Botchway/ Susan, to kind of comment on that point. So I'm going to go back to the questions,
one, two, and three that Eleanor kind of highlighted, and so do you wish to adopt any
policies limiting the City's cooperation with federal immigration authorities. So the...
there's three things I want to focus on. One overall is notification, that I kind of
mentioned in my first comment. So it .... when, you know, we have a shifting landscape
in front of us. I feel ... I believe that for the most part this is a policy issue, and so from
that standpoint I'd want to ensure that me as a Council Member, I would assume the rest
of Council would want to be notified, and so ... in the event, and I'm not saying the Police
Department's doing this. Obviously we haven't been. There is a change where we're
doing something along the lines of that 287 program, I would want that, you know,
notification to, you know, make sure that we are giving our current, or what we believe
our current .... our guidance should be. The next part kind of focuses back on, um, what
you were mentioning about were resources. So I do have a problem with using local
resources that are against our particular policies and so I'm not sure how we can word
that to the Law School, but as far as using City dollars, I have a problem with that. I
mean just local money going towards federally -mandated efforts, um, when we .... when
we have that particular discretion .... I .... especially around immigration, that's... that's a
concern. And that's a clear concern I would have, that .... I think we should provide .... we
should be given guidance on how we should, you know, deal with.
Dilkes/ Well, and to be clear, I think I've said both in 2011 and now, that you .... that is within
your discretion to not devote local resources to that.
Botchway/ Right. So I mean ... I'm just making my stance clear.
Dilkes/ Okay.
Botchway/ The third one is around, um, you know, kind of going back to what I was saying
about the sem.... semantic pieces around Rockne's question, and so I agree, kind of going
back to your point, Susan, that we may not know what's coming down from the federal
government, but that being said, you know, they're.... they already have been working,
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you know, across the state, on possibility of different policies and so from that
standpoint, I'd be just interested in reaching out to them to find out more information, to
know whether or not they can present us with a memo or some type of information
around, you know, what (both talking)
Throgmorton/ ...law professors (several talking)
Botchway/ Law professors, yeah .... what local governments can do, in coordination with
Eleanor. That to me was more around the lines of protecting, ensuring residents', um,
rights are not violated and so when we do have that particular discretion, I'd want to
ensure that our residents' rights are not violated. The second thing I agree with is not
naming the Sanctuary City. I'm not necessarily worried about the name. I'm more
concerned about the policies, and then .... I would agree with Eleanor's last question
around, um, ensuring that, you know, there's no violation of that 1373. Is that the .... is
that the correct.... yeah, answers that .... so there's no violation of 1373, and I agree with
Eleanor's point as well. I think that, you know, from the emails, um, and some of the
communication that I was getting, there's a lot of focus on the fact that we're talking
about violating the law, and by no means I think that discussion was broached previous.
I don't think that discussion is happening right now, and I don't think it will happen in
the future, and so .... I do want to, you know, dispel that notion that, you know, Kingsley
Botchway, um, Iowa City Council Member is out to break federal law. I .... I didn't wake
up that morning thinkin' that way! And so, um, I .... I just want to make sure that's clear,
and those are kind of my three points as far as the process is concerned.
Taylor/ Well I think there was a lot of misinformation put out there, uh, which led to fear, uh, of
a lot of folks, and I .... I also agree that a label doesn't really mean that much. Sanctuary
City, I liked your term, you used `Welcoming City,' because I think that's what Iowa
City's always been and always seen itself as a welcoming city. We've, uh, made many
efforts to bring our community, uh, together with our actions and our statements. Uh, we
value all residents of the community and support our very diverse community as it is, and
as you'd said, we've been doing things since 2011. If we just continue to do as we have,
uh, but I think, uh, in the light of Rockne's fear of these massive raids, I think we also
would have to keep in mind, uh, a commitment to protecting, uh, those, uh, immigrants
from, uh, massive raids or, uh, if they're productive, peaceful members of our
community, uh, they, uh.... we should do something to make sure that they live and work
safely in our community.
Throgmorton/ Yeah. Any other comments or questions?
Cole/ Well I think one final point related to the Law School is I think that the immigration
professors, there's a lot of list serves and stuff that they're on, and they're.... they're
getting wind of what the potential policies are going to be. So I think in terms of the
antennae, in terms of sort of that insider analysis, I think that'd be enormously helpful to
get that feedback. So, I guess I'm on record that I think that we should affirmatively
reach out and see whether we could get them, and possibly members of a community task
force, to identify what we're doing well, what things we would see in the future coming
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down the pipeline from the federal government, and how we can respond. So ... you
know, do we have support for that? I mean that .... that's what I would like to do.
Throgmorton/ Yeah, I guess my, uh, quick reaction to that, Rockne, is if. ... I mean I really always
liked the idea of reaching out to University of Iowa professors and getting assistance in
whatever way, uh, is viable and helpful. Uh, but I .... I'd .... I'd want to be clear with them
about what specifically we'd be asking of them, and the ..... the most important thing for
me is, has to do with the uncertainty about what will be coming. We know somethin's
gonna be comin' (laughs)
Dickens/ You'll get it on Twitter!
Cole/ Yeah!
Throgmorton/ Yeah, I mean you know, we ... we don't .... but we'll need to know as far ahead of
time as we can what's coming, and that might be a really good place in which (several
talking) faculty could really help, and then we need to exercise our discretion as a matter
of policy to stand for, uh, our vulnerable... vulnerable residents who are, by the way, not
violent criminals, which many people seem to associate with the Sanctuary City idea.
Uh, they are good, hard-working residents who have children in our schools and who pay
taxes and, uh, are bringing up their families in our city, and they're citizens.... the
children are citizens of the United States. So, we need to .... uh, make sure that they are
not harmed by .... to the extent that we can. Yeah. So, uh.... do we .... do we need to
provide any further detail or clarification, uh, Geoff or Eleanor? You folks are listening
to this. Whatda ya think?
Dilkes/ Um .... (laughter) I, well let me just ask a couple of clarifying questions. It .... it sounds to
me like you want to have a .... a policy.... really that just mirrors what the Police
Department is already doing, is not putting any .... local law enforcement efforts to assist
in immigration policy, assuming there's not a public safety component, you know, a
serious crime or .... public safety threat. Is that.... accurate?
Mims/ I quite frankly would not, and.....and my point is, if it's what we're already doing and it's
working well, I think all it is doing is drawing more attention to the community in a
potentially negative way for the very people that you're trying to protect.
Throgmorton/ I agree with that, Susan, about that, uh, I don't think we need to do that because
we already (both talking)
Dilkes/ Okay!
Throgmorton/ ....have practices and policies in place.
Botchway/ But for me (both talking) Go ahead, Geoffl
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Fruin/ Just to clarify, um, we have not cooperated with ICE, uh, or federal immigration
enforcement because we haven't been asked before. The .... the question's never been
asked of us. So it....it would be helpful to .... to hear from you whether, you know, it's
okay just because you don't think we're gonna get asked again, or do you really want to
send the message to us and to the Police Department that if you do get asked, this is how
we think you should respond, and that's devoting no local resources to it, unless there's a
public safety, uh, concern.
Throgmorton/ This is a point at which advice from our law professors at the .... not our law, from
law professors at the University could be helpful I think because it raises constitutional
questions as I understand it. I'm not a lawyer.
Fruin/ I don't think it does.
Dilkes/ No, it doesn't.
Throgmorton/ (several talking) ....they could provide legal advice anyhow....
Dilkes/ Not on that issue!
Throgmorton/ Yeah, okay.
Dilkes/ I mean I think Geoff has asked.....the good question is.....if.... if the Police Department
is asked tomorrow to participate with the federal government in immigration enforcement
in some way, is it the policy of the City that we .... they won't do that, or ..... or not, and
that' s .... that's not a ... that's not .... you can do that. I'm certain you can do that. It's just a
question of. .... then it becomes a policy issue whether you want to or not.
Cole/ But I think Geoff brings up a good point. We're talking about what's happened in the past,
but I mean, we're not very far away from, I think, some very immediate, robust efforts
that will occur. I mean, we .... we've heard the rhetoric. So I think the .... I think we
should signal that, and because I think those questions are going to be dropped in our lap
and frankly I don't think that's a question we can avoid. I wish we could! I wish we
weren't having to bring up this issue and we could move on, you know, but this is a
question we're gonna a .... answer, so let's answer it now in a way that's proactive, as
opposed to waiting whel;ever, um, so I would like to have Eleanor draft that up,
consistent with community safety, and consistent with making sure that we follow our
constitutionally -mandated requirements, that we do answer, um, no that we will not use
those resources to cooperate.
Botchway/ I would agree!
Thomas/ Yeah, I ... I would agree as well. I think it ... in that circumstance, uh, it would
compromise our ability to keep ... the safety of the people of Iowa City intact, uh, so
I ... I .... that .... that I think would trigger the need to say no.
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Mims/ I think the issue is ... is the public safety, you know, specifically with that.
Fruin/ And that's.... that's likely going to be....it has to be a discretion that you give to the Chief
of Police (several talking) to make that determination.
Taylor/ I think that's .... you bring up another issue where, uh, currently kind of in limbo with the
Police Chief. We have the new Police Chief coming in, but it would be helpful to have
these kinds of discussion with .... with him, I would think since he's going to be taking
control.
Throgmorton/ So, I need for myself a little bit of clarity here. If...if we are somehow ordered,
instructed, I don't know what verb to use, by the federal government.... to assist in....
mass deportation of, uh, primarily Hispanic immigrants.... the question for me would be
does that order, uh, provide any room for discretion ..... in terms of how we would
respond. And if it does not, are there constitutional questions that we should be prepared
to raise. I mean, that .... that's the way I'm hearing it.
Mims/ (several talking) The way I've heard Eleanor say it a couple of times is that they can't
order us at this point. That it is discretionary (several talking)
Dilkes/ They can't .... there is not a federal law currently. If there was to be a federal law passed
like that, saying we had to help them, then the constitutional issues would come into play.
Throgmorton/ That's.... that's what I'm .... I'm looking ahead (both talking)
Dilkes/ So .... so you could craft a policy that said something like, um, consistent with community
safety and in accordance with federal and state law, local law enforcement resources
won't be devoted to immigration enforcement or something to that effect.
Cole/ I support that.
Botchway/ Yep! (several responding) If we're crafting in that particular ... I would also add just
funding overall, you know, local .... and I think you mentioned (both talking)
Dilkes/ I think resources is the (both talking)
Botchway/ Okay!
Dilkes/ ....broadest term we can give it. That would be money or things or people.
Botchway/ Okay.
Cole/ And this would come back in resolution form to us?
Dilkes/ Yeah, I think so.
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Cole/ Okay.
Dilkes/ If that's what you want to do, that's....
Cole/ I'm counting three that have supported that. (both talking)
Throgmorton/ I think you're seeing support.
Cole/ Okay.
Throgmorton/ So would you do that please?
Dilkes/ Yep!
Throgmorton/ All right, is there anything else we need to discuss about this particular topic?
Mims/ Well I would just say to the other two questions — number two, what title if any do you
wish to give to such policies — I'd say no title. And to number three, if it is appropriate
to include the reference to the pri ... priority enforcement program, and that should be
done.
Throgmorton/ Yeah.
Mims/ And .... and maybe with the way you're drafting it, that doesn't even need to be done.
(both talking)
Dilkes/ I think it ... is a good idea because one could interpret local law enforcement resources as
the taking of a ... I mean I just ... I think there should be that warning. It protects people
from thinking there's something....
Cole/ What about the question of just immigrant friendly, I mean we don't want to use the word
sanctuary. Does that ... I don't view that as having.....
Mims/ In this day and age, I think it does.
Cole/ Well...
Botchway/ And to me, Rockne, it's more of a .... I mean I don't necessarily know that we have to
name it. I mean it's a policy issue (both talking)
Cole/ And the Law School, did we decide on that?
Throgmorton/ I .... I think we should reach out to them and....
Botchway/ Right!
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Throgmorton/ I think you've expressed, uh, pretty clearly a way of framing .... a question or
request to them but....
Dilkes/ I'm happy to reach out to them. I've worked with Professor Elias on the ... (several
talking)
Cole/ Perfect! That's what I was thinking of.
Botchway/ And then just the other notification piece, like in the ... in the event there is a shifting
landscape from a policy issue, in regards to what you were talking about, we hear wind
that there's a federal issue that is, you know, putting (mumbled) ...uh, resolution
administrative regulation in, we would be notified.
Fruin/ Duly noted!
Botchway/ All right.
Dilkes/ Yeah!
Throgmorton/ With regard to labels, I'll just say something that I had written down coming into
this meeting. I .... I had already said I don't like the Sanctuary City label for a variety of
reasons. So, if I were gonna give a title to ... this policy, it would be something like this:
guidance about how to exercise discretion with regard to immigration enforcement. Just
kind of a .... factual thing like that, but.....I'm not pushing it.
Dilkes/ Let me just work with it a little bit.
Throgmorton/ Yeah. Good deal! Anything else? Okay, so at some point in the future, we will
receive a draft resolution which would appear on a formal meeting agenda and the public
would have an opportunity to say whatever they want to say about that, uh, and then we'd
vote.
Dilkes/ Yep!
Throgmorton/ Okay. Good deal! Thank you. Okay, we're gonna move on to our second topic
now, so if. ... if you're here for this specific, you know, the one we ... the topic we just
addressed, we're done with it now. We're gonna move on to the next topic. Brenda, it's
gonna be your turn in a minute! (laughs) Okay, I think we can proceed. So this next
topic is to discuss composition of Climate Mitigation Plan Steering Committee. Brenda
Nations. Hi, Brenda!
Discuss composition of Climate Mitigation Plan Steering Committee lIP #3 of 12/29
packet]:
Nations/ Hi! Good evening. Um .... so, uh, I'm here to discuss the putting together of the
Climate Action Steering Committee that we discussed at our last meeting, and as you
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know, we have an RFP out right now, a request for a proposal to get a consultant, uh, to
help us with the climate action plan, in which case the steering committee would help
guide the consultant and, uh, create, um, a climate action, uh, plan for the City, and so
that's, uh, the proposals are due on January 20'h and so, uh, Council Members Cole and
Taylor will help assist in evaluating those, but in the meantime, we can start putting
together, um, our steering committee so that we're all set in place and ... and won't have to
delay, um, and have that together when the consultant begins. So, um, for the memo that
we have in the packet, we have a few recommendations. Um, first is for the committee's
size, um, and for the committee size it's, um, for these type of things, uh, the smaller ... I
know there's a lot of qualified people in the community that could be on this committee,
but, um, with the constraints of finding a meeting place and schedules and, uh, finding
consensus, uh, we're recommending that, uh, 10, no more than 12, individuals be on
the .... on the committee and so, um, that's the first recommendation. Um, as far as
composition goes, uh, we talked about different stakeholder representatives that we could
have, um, and they're listed in the memo. Did you want me to go through those or do
you have those?
Throgmorton/ Oh, go ahead!
Nations/ Um, we have, uh.... uh, the University of Iowa, of course; they're a big part of our
community and .... and on the power plants, if somebody representing them. Uh, Mid
American Energy, of course. Uh, somebody from the Chamber who would, uh, could
represent, uh, businesses, uh, and commercial, um, members of the community. Uh,
large industry, uh, should be represented. Uh, home builders, somebody from the
Homebuilder's Association. Uh, somebody from community, um, the Kirkwood
Community College, and an architect, and those, uh, we would work, uh, staff would
work on .... on getting a representative, um, from those, uh, key stakeholder, um, areas,
and then that would leave about three to five individuals that we could have apply to be
at -large committee members in which we could take applications online, similar to our
other, uh, boards and commissions, but for this one-year, um, position to be on the
steering committee and that, uh, we could put, uh, start workin' on that, uh, right away,
and so if, urn .... Council is in agreement we could have a resolution to, um, to put
together the steering committee by the next Council meeting. So, do you have any
questions or, urn .... uh, other ideas?
Botchway/ Just a quick question, and so when you said..... just put the resolution together, not
necessarily.... okay, never mind! I'm just .... I thought we were trying to get the, uh,
there's three at -large members that you were recommending be (both talking)
Nations/ Right!
Botchway/ ....board or commission process. I thought you were trying to say we need to make
that decision in that timeframe.
Nations/ No, cause we'd need to have the application open online, and advertise for those
positions, and then once we had those, hopefully we'd have those, um, fairly soon and
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then decide on those members, and then, um, another thing in the .... the memo mentions
is that the Council could appoint, um .... uh..... what did we call it? (both talking)
Botchway/ Chairperson?
Nations/ Chairperson! Chairperson for the committee as well.
Throgmorton/ Brenda, with regard to the at -large positions, uh, I thought I heard you say five.
Kingsley said three.
Nations/ Uh huh, three to five.
Throgmorton/ And your memo says three to five. I think we need five.
Nations/ Yeah, I think that, uh, you could actually decide that once you get the applications in
and see who applies and what mix you would have compared to what, uh, expertise they
have.
Throgmorton/ I think we need five because on this topic, I believe we need to have several
advocates for reducing carbon emissions, and .... and we absolutely need to have the other
folks involved, because we're not gonna get anywhere without buy -in from the rest of the
community.
Nations/ Uh huh.
Throgmorton/ And that especially includes the University, the Chamber, Homebuilder's, I mean
all of the people listed in, uh, in the list of seven that you've already given us. So, you
know, that's what I would suggest is five .... five at -large members, a total of 12, which is
a completely manageable number.
Nations/ Uh huh.
Mims/ I'd rather wait, and see what the applications look like and ... and see what that diverse
experiences are, make sure we get the right mix...
Nations/ Uh huh.
Mims/ ...before we make a decision.
Taylor/ (mumbled) ...too, I mean we have some .... so many experts in the community. In the
back of my mind I was thinking of the 100 Grannies, you know, who are so active in this
and have a lot of knowledge and so they perhaps would be some of the applicants but I
wanted to thank you for this and .... and, uh, I don't want to speak for John, but I'm ... I'm
looking forward to working with you on this.
Botchway/ Do we have a ... oh, go ahead!
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Cole/ I was just going to say I support the five, but....
Botchway/ Do we have any, um, representatives that are, um, that we're kind of already aware
from the list that you have here, the seven? The list of, uh, stakeholder representatives?
Nations/ Uh, specific people?
Botchway/ Right!
Nations/ Um, not... exactly. I think that, uh, we'll be working with those organizations in asking
who they would want to represent and who would have time and the knowledge for... for
that, so...
Botchway/ I guess my question is, would we receive that list prior to going through our ... our own
kind of process for the at -large groups?
Nations/ We could try and do that. That would probably be a good idea...
Botchway/ Okay!
Nations/ ....if we can do it with the times and schedule. Um, the other thing I wanted to say is,
um, as far as getting input, um, with our proposals we're hoping that, um, we'll have, uh,
public input along the way too, and that we'll have other people be able to do input, um,
even that aren't on the steering committee. So we'll have technical people, the public,
and .... and, um, we'll get as much input as we can. So, for those people that don't get
chosen to be on the committee, they .... we can still, um, listen to what they have to say.
Dickens/ Is this committee going to be consensus -oriented or are they actually going to vote on
these things, cause you either need an odd number of the chairman needs to not vote. If
you have even numbers (both talking)
Nations/ That's a good point! Um .... (several talking)
Dickens/ Had a lot of board experience! (laughter) I never get to vote! (laughs)
Nations/ Um, one of the things I think they'll be really doing is coming to an agreement on, um,
the actual actions that we choose to take, that end up, uh, getting us to those reductions,
and so I'm not sure, um, if they would be voting for those or how that would really work.
So .... I guess we can decide that (both talking)
Fruin/ Yeah, as we get through the consultant process, um ... it's very likely that (several talking)
yeah, it's very likely that they've been through this before. We hope to hire someone
with some experience, um ..... and they can help guide us. I think you can structure it any
number of ways. You could.....you could make an odd, um, but if you ... if you have 12
good people and .... and you want the chair to .... to abstain from voting, then that's fine
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too. The reality is you're probably not going to get 12 people to show up at (laughs) at
very many meetings. You're probably gonna, you know, whether you have odd or even,
you're probably going to run into that challenge at some point.
Throgmorton/ If possible I'd love to see some gender, racial, and .... urn .... ethnic diversity on the
committee, and I .... I know that there are.....a variety of people from, you know, who are
women or African-American or.....uh, well, of..of those two categories, I know that
there are very knowledgeable people who are either women or African-Americans who
could participate on the committee. So if possible, I think it'd be great if we could have
some diversity on the committee because we need to get buy -in from the whole
community, not just, you know, the standard (mumbled)
Nations/ Um, and we also have in our RFP that we'd like to involve the equity as part of it, as far
as, uh, who the .... who it would impact and that would, um, who in the community it
would impact and that it would, uh, have taken to that account using our, uh.... uh, racial
equity toolkit too.
Botchway/ Great!
Thomas/ One .... one perspective and is .... my thought on this was (clears throat) kind of triggered
by the reference or listing of the architect.... classification there would be a transportation
planner.
Nations/ Uh huh.
Thomas/ That seems to me to be an important... another important piece. So, whether that person
is one of the above, urn .... you know, from the University of Iowa, I mean, I .... I'm not
quite sure if, you know, how that perspective is integrated into this group, but it's .... I
think it's an important (both talking)
Nations/ Right, cause that's a .... an important sector, and we did have that as one of the options.
So we'll keep that in mind.
Thomas/ Okay.
Fruin/ (several talking) We'll also have staff support from a number of different departments,
Transit and .... and Public Works and what not.
Botchway/ So 2.7 of the members, you know, in relation to Jim's comment about diversity, we
won't have .... you'll have, obviously, the discretion to, um, get that information
(mumbled) gets me thinking about what Jim's thoughts were on that, and the other piece
is as we're thinking ... or as Jim ... Jim and Terry were talking about the numbers piece, I do
think five is important. Um, just...just even putting the information out there. It would
be confusing to me, um, you know, if we say three or no more than five, you know, I
would just say five and then go from there.
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Cole/ This might be slightly off topic, but this question of buy -in that Jim brought up, um ... you
know, obviously we're going to have to get voluntary cooperation for a lot of the
stakeholders, but I was wondering as part of this process I'm assuming that we'll also
have a detailed municipal plan (mumbled) the last time I checked we have 100% control
over, um, will those be .... parallel plans or will we have the same plan that the City then
will agree to follow, cause one of the things that came up, actually of all things at our TIF
meeting, uh, when we were talking about environmental standards is that how can we ask
someone else to do something that we ourselves are not doing, and we are doing good in
a lot of different areas, but I just think it's important that we are setting the standard, as a
municipality, so will that be part of this in terms of what we're focusing on?
Nations/ Well that..... that's a whole different thing, but it is going to be going along parallel and
with the City staff doing that because, um, we have identified that as one of the STAR
actions that we're going to be working on is to create a municipal, uh, plan for our own,
um, buildings and fleet, and so, uh, we're currently working on getting a more up-to-date,
uh, greenhouse gas inventory on our own operations, and so, um, we're working on that
and getting that all up-to-date and we should be able to, uh, move forward on that as well,
and that is part of the thing .... one of the items that we agreed to do in our STAR plan is
to do that for the municipal (someone else speaking in background) operations.
Throgmorton/ Good deal! Any other questions for Brenda? I guess not. Thank you!
Nations/ Thanks!
Throgmorton/ Okay! We'll turn to our third topic, uh, the City Clerk search, uh, Susan, you wan
to .... sort of brief us on your memo and how things are going?
City Clerk Recruitment [IP #5 of 12/29 packet]:
Mims/ Yeah, there's a memo, uh, in your packet, just kind of bringing you up to date of where
we're at with the search. Um, the committee met and, um, it ... you've got in there a ... an
incredibly long list of places (laughs) that this job has been posted or advertised, etc.
Um, Karen Jennings from Human Resources and also Marian had some ideas, just with
her expertise of course of organizations, uh, with which this should be shared. So that
has all been done. Um, we are currently receiving applications and, um .... we've got that
set up so that we can be reviewing those as they come in. The committee plans to get
together on the 18a' to review all of the applications, and narrow that down to a group of
semi-finalists. Um, the idea being, and of course this is all subject to agreement by the
full Council here, um, that the search committee would go ahead and interview the semi-
finalists and then narrow it down to a smaller group, urn .... can't say how many. It just
depends on the quality of the applicants and how those initial interviews go, uh, for the
full Council to interview. Um, we've got dates in there. We're .... we are hoping to have
that first round of interviews done by, uh, February I". Then with the idea that we could
use some time, obviously not the whole week. We don't have that many people, need
that much time, but reserve some times in the week of February 13a' for the full Council
to interview. Um, and then, urn .... have an offer probably by the end of February. Um,
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additionally you'll notice, uh, requests, if you have any specific questions that you would
like asked either, um, during .... the search committee's interview or during the Council
interview, um, if you can get those to me by the 18a' of this month. We'll be reviewing...
Karen has pulled together, uh, from various sources, uh, a long list already of questions,
but it's important in all these that we have consistent set of questions that are asked of all
the candidates, um, at both stages, both when they're interviewed by the search
committee and when they're interviewed by Council. Um, so that's kinda the process
that we laid out. Um, the other thing being that we would, um, highly recommend that
the search committee and the Council meet before a job offer is made, um, just so we can
both kind of review what we saw and heard, and also, um, we would come back with a
recommendation in terms of salary. I think we all got an email, I know, Jim, you'd sent it
to me. I'd already received it, so I'm assuming everybody did from somebody in the
community who'd kind of done a survey on salaries of city clerks and so we've got that
information, we'll use that, as well as anything else we need to look at, and look at the
experience, etc., of who we might be offering to and come back with a recommendation
there as well. So, that's what we've laid out.
Botchway/ So I had a couple of points.
Mims/ Sure!
Botchway/ Well, it's more of a scheduling point. Can we do it either the week prior or the week
after? Cause that week is literally the worst week.
Mims/ Okay. We'll look, I mean it's ... the week of the IP bad for you? (several talking) Okay.
It's bad for you?
Throgmorton/ Where ya gonna be?
Dickens/ Valentine's Day! (laughter and several talking)
Botchway/ My ... my issue isn't that, it's actually I'll be in a conference the entire week (both
talking)
Mims/ Okay. The week of the 20"i, is that better for people? (several talking)
Botchway/ Um, the other part was .... I, you asked .... you answered my question about asking
questions, um, getting those to you ahead of time, so great, and then .... can we ask for
that demographic information, of our.....of the candidates that we select?
Mims/ That's all voluntary, I think.
Botchway/ Right, so....
Dilkes/ That's a question on the application for voluntary answer.
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Botchway/ Right now? Okay. Cool!
Mims/ Any other... questions?
Throgmorton/ Yeah, I guess I had a couple, Susan... (both talking)
Mims/ Yeah!
Throgmorton/ ...but first thanks to you all. Committee's done a great job so far, so thank you for
doing that. Uh.... might there be value in, uh, inviting.... clerks from nearby cities to meet
with .... uh, our semi-finalists. I .... I don't know if there would be or not. I'm just
wondering. Uh, in a fashion similar to the kind of conversations that were arranged for
our, uh, Police Chief candidates. So, that's just a question. The second has to do with...
opportunities for public involvement at the last stage.
Mims/ We talked about that and .... and basically where the committee came down on that is...
while this is one of the three appointees that the Council makes, um, it really is a very
different kind of appointment than, uh, than the City Attorney or particularly the City
Manager. Um, in terms of their involvement and let me phrase this carefully cause
obviously the City Clerk is very involved in the public, so I mean ..... so don't get me
wrong but .... that position is much more a .... a technical, organizational, urn .... kind of by -
the -book type of thing ... much different than City Manager who obviously is, you know,
out speaking to the community, you know, helping direct policy by giving us information
and explaining things, etc. So just the difference in that kind of position, um, we looked
at it, and also looked at the timing, one of the .... one of the big things about the timing,
and I don't have those notes right here, that .... that Manan made clear is ... if we were to
offer the job to somebody who is not.... currently, and I don't know if certified is the right
word. Is that right?
Voparil/ Certified Clerk.
Mims/ Yeah, Certified Clerk, um, then the way they become certified, there are certain activities
during the year and one of those is a conference that they go to in the spring which, um, I
think it might be May, which is .... gives them, um, an opportunity to earn a lot of points
towards that certification process, and so .... wanting to make sure that we could get this
done, um, do it well, but get it done in a timeframe that we could make an offer, an
individual would have an opportunity if we make the assumption, which may or may not
be correct if somebody's coming in from the outside, would have time to give notice at
their current job, make the move, get here, and still make arrangements to go to that. But,
the biggest thing, it was time, it was organization, but it really was looking at the
difference in those kinds of positions, um, and what they do. And from that standpoint
we did not .... we came to the conclusion that we did not feel that that was necessary.
Cole/ I guess I would agree with Susan on that. I mean maybe it's a testament to what a fantastic
job Marian did, but I've never ... I've never even heard one complaint ever about the
clerk, and again I think it's probably the former, that she did such a terrific job
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but .... even after she retired I haven't even heard one public comment. So I guess to the
public ... if this is something that you are really impassioned about, um, let us know but I
think this is really one of these just sort of behind the scenes issues where you really want
to have the best person. So other than making sure that we have as diverse, uh, work
pool as possible, I don't see that we need to have that, and again, unless people speak out
and say that this is a very passion .... a big passion of theirs.
Mims/ And the other thing the search committee will be doing is certainly, um, doing
background checks and reference checks, etc., uh, on those.
Botchway/ I would agree. One point though is, um, kind of the .... so, I just want to ensure that
our argument based on the fact that this isn't, and again, using everything you said cause
I .... obviously you know this clerk position is an important position and is a very public
position, but are we shifting our .... the way that we go about, um, our processes, and so I
don't necessarily know what we did in the past with City Clerk position cause Marian
was in it for so long.
Mims/ Well, I .... yeah, I think that's it, I don't think we've shifted our procedures because she's
been here for over 30 years. Eleanor, you've been here for what, 20 -something years
(several talking in background) Yeah. Um .... given the, run .... amount of time it took us
to go from .... from one City Man ... and I'm not talking about this last one, um, I mean
we .... we went through a process where we had a City Manager for 10 months. I mean
we had .... City Manager, we had an Interim, we had a City Manager for 10 months, we
had an Interim, and then we hired Tom Markus. So I .... I don't .... this is not something
that we do so frequently, thank goodness, um, that there is some proc.... magic process in
place that we are changing the process (both talking)
Botchway/ .... my ... it's more, the argument was coming in my mind, you know, in the event, I
mean use Geoff as an example, um, cause I (mumbled) with Geoff, but .... you know, in
the event Geoff decides to go to, you know, Hawaii or whatever the case may be and we
use a public process for the next City Manager from that perspective. You know, we
didn't use it for ... I'm thinking of the three particular positions that we directly have, you
know, the right to interview and hire (both talking)
Mims/ I will give you an example (both talking) I will give you an example. If. ... if Eleanor
were leaving and we were developing a process there, I think my argument would be I
don't think we need the public involved. What we need are attorneys involved. I mean I
think we need people who, and .... and doing really good background checks on those
people. What is that person's real legal expertise and how do they work with other
attorneys, you know, how do they do that sort of stuff. John Q. Public .... is not gonna be
able to tell you whether candidate A, B, or C is gonna be the best City Attorney. So, I see
each of these positions as being very unique in terms of what those requirements are, um,
and so I think the process for each of those three needs to be adapted to that.
Botchway/ (both talking) ....okay, that's (both talking) just wanted to make sure that we had it
just in case the question came up (both talking)
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Mims/ Yeah, that's the way I would look at it at least.
Dilkes/ I don't think there's any precedential value.
Botchway/ Okay!
Dilkes/ (mumbled)
Mims/ Any other questions or comments then on it? Okay! We'll keep movin' forward. Thank
you!
Throgmorton/ All right.
Cole/ Thank you.
Discussion of joint agenda items for January 30 [IP #6 of 12/29 packet]:
Throgmorton/ Thanks! Okay, the next topic is the joint entity meeting agenda, uh, whether we
have any particular items to propose for the January 30a` meeting, uh, in North Liberty.
So ... anybody got any ideas?
Botchway/ So I have two items. Um, one would be the policy that we just currently talked
about. Um, the second would ... or ... just to be clear, the policy around, um (several
talking) No .... or.....(several talking) I didn't think about that. I was more talking about
our Sanctuary City discussion. I was trying not to name it that cause we talked about not
naming it, but, um, discussion around, you know, immigration policy. So, I .... I think that
would be an important point because while we're asking, you know, obviously our Police
Department, I'd be interested in making sure that all of the police departments, kind of to
your point, John, work (mumbled) in that particular way. The other part would be, um,
and again kind of focuses around, um, police would be that reducing disproportionality.
So I know that we're doin' kind of the, um, chicken before the egg or egg before the
chicken, whatever the case may be but, um, I'd like to at least put that on the table with
them ahead of time, even though I know that's prior to our discussion in February.
Mims/ I guess I'm not clear what it is you want to .... present (both talking)
Botchway/ It's more of a discussion (both talking)
Mims/ ....talk about.
Botchway/ More of a discussion about, you know, um, well there's a couple of things actually.
Um, one it's, you know, that we are actually doing the reducing.... goal of reducing
disproportionality because I'm not sure all of the different municipalities or governmental
entities would be aware that. Um, two would be some of these conversations have
already happened, um, again we haven't met formally as a, um, a .... Johnson County, um,
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CJCC but .... kind of that working group that, um, happened a long time last year. Um,
Ele... not Eleanor, sorry! Um ... Janet was doing a lot of heavy lifting as far as having
(mumbled) conversations with the chiefs of the police to, um, make sure that we have,
uh, all of our systems talk to each other in a particular way and I might need help on this.
I see some of the officers here. I may need help, but basically we do a really good job as
far as documenting all the information that we do when we get like traffic stops and
other, um .... uh, municipalities or other, uh, police departments have a little work to do in
that particular area, and so my conversation would be — it would be nice if all the, um,
police departments had that same type of data collection, so we were making, you know,
apples to apples comparisons instead of, you know, always focusing on the Iowa City
Police Department because we have the data available. Um....
Throgmorton/ I think that's an important topic. I personally think it would be better to ... defer
that particular topic to the subsequent joint entities meeting, after Jody Matherly has been
here for a couple three months or however.... whatever the interim period is, uh, and has
gotten his feet wet as Police Chief. Uh, and .... and we'd be able to be clear with Geoff
and, uh, staff about what particularly we would want to have discussed during the joint
entities meeting. So if you don't mind, we could put that off one meeting and bring it up
next time.
Dickens/ When do we have to have all these ..... if we have an agenda item, cause I ... think we
need to go through at least the first part of the budget cause I was ... believe it or not I was
reading it page for page (laughter) and the MPO, we seem to be funding .... I don't know
if that's going to be coming up, where we try to increase, cause I know some of it comes
out of our general fund to support the MPO, and whether this joint meeting or whether
it's better to do it at an MPO meeting. People are pair ... paying their fair share. I don't
know when the best time to do that would be.
Throgmorton/ I don't.... Geoff, you have thoughts?
Fruin/ I would .... I would think at an MPO meeting, when you're talkin' the budget, yeah.
Throgmorton/ Uh, I'd like to suggest that we put the carbon emission reduction work on this
agenda, the joint meeting's agenda as well. It could be a very brief statement about what
we have underway.
Dickens/ Our goals.
Throgmorton/ Yeah, and .... and the fact that we got ... we're hiring ... we will be hiring a
consultant, that we're creating a committee, and .... the process will unfold, yeah. Uh, I'd
like to hear about the access center, where things stand on it. I don't know if (several
talking) entities meaning, you know the.... the.....(several talking)
Mims/ Um .... I think we might want to wait to another meeting .... at least one more. (several
talking) Yeah ... I haven't talked (both talking)
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Throgmorton/ ....the University yet about how they're responding so .... (both talking)
Mims/ Yeah.
Throgmorton/ Okay. Well we can put that off. Uh, yeah. There might be some breaking news.
Dilkes/ What was the last topic you were talking about?
Botchway/ CIT.
Dilkes/ Oh, gotcha!
Throgmorton/ Well, this access center is what I called it. Uh, there might be breaking news
about state or federal legislation inaction by that time because .... you know, a week or
two or three will have taken place, so....
Cole/ Speaking of which, Jim, what about minimum wage? Um, do we want to bring that up just
in terms of ...if the city, individual cities, are going to make any efforts to communicate
to Des Moines, or .... in light of the possible taking away of our Home Rule authority? I
mean I think if we had all of the applicable cities to discuss whether we wanted to sort of
jointly, you know, stand up in support of our own Home Rule authority, um, or not. But I
think it's .... it's timely and we know it's in the pipeline and I think that it would be
helpful for us to discuss, um, whether we want to, you know, respond as a .... (both
talking)
Throgmorton/ Yes, that sounds to me like a good, broader topic, advocacy for Home Rule.
Cole/ Yeah.
Throgmorton/ You know, within the legislative process.
Cole/ Yeah. And it's timely too, cause we can't push that off too much longer because the
session ends (several talking) Yeah! (laughs)
Throgmorton/ Uh, what do the rest of you think about that particular suggestion? I'm seeing
heads. (several responding) So, Julie, I don't know if you, uh, are catching the particular
topics so....
Botchway/ I guess my .... to my point ... I guess, uh, maybe more of a broadening, is there any
reason, can we get their, each of the municipalities like legislative priorities? I mean,
make it part of a discussion?
Fruin/ If they .... if they adopt. I'm not sure if every city goes through the exercise of identifying
legislative priorities, but if they do .... (both talking)
Botchway/ ....like to see it. But that would be in that particular point. Not additional.
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Throgmorton/ Okay! Uh, shall we move on to the next topic? All right, so the next topic (both
talking)
Fruin/ I'm song can we just summarize there. I've got, uh, for...well, lack of a better word,
Sanctuary City policies, carbon emission reduction plan, legislative priorities
encompassing the Home Rule. Those three.
Throgmorton/ Yeah and, you know (both talking) talk with Eleanor (both talking) Yeah. Okay,
the next topic is conversion therapy and .... boy when I first (mumbled) so I've asked
Eleanor to briefly, uh, summarize a memo, not memo, an email we got from, uh, from
Hunter Gillespie, and I think Hunter's probably in the room. She told me she was going
to .... yeah, thanks! Um, so, uh.....could you briefly summarize the .... the email.
Conversion therapy:
Dilkes/ .... sol ....I took a look at what the Iowa Code ... does with respect to regulation of
psychologists, psychiatrists, etc., and .... my .... I'll work backwards from this, my .... my
conclusion is that the State is pretty much occupied the field when it comes to this. Um,
that's a type of preemption. It's called `field preemption.' Um, so ... there's a chapter of
the Iowa Code that says it ... says certain professions can't practice without having a
license, and then there are various boards set up to determine what the qualifications are,
what they can and can't do, um .... in fact there was a petition presented to the Board of
Psychology, um, which Hunter's probably aware of, that, uh.... that conversion therapy be
prohibited, um, and that by rule, uh, which would have been within the Board of
Psychology's, um, authority, um, they determined not to do it. Um, but I think
that .... you know, it .... when the State says you're qualified if you have these
qualifications and you can do A, B, C, and D, and you can't do X, Y, and Z, for us to,
you know, create a law that governs that, um, particular kind of therapy I think would be
very problematic.
Throgmorton/ So in your judgment we do not have the authority to ban conversion therapy in
Iowa City, right?
Dilkes/ Yeah. And that... that's.... that's, there's also additional pieces of it in terms of regulation
of civil relationships and that kind of thing, so I ... I think .... I think it'd be a real uphill
battle.
Taylor/ Would it prohibit us from making any sort of proclamation that says we denounce this
sort of practice, not (both talking)
Cole/ That's what I was going to ask too, Pauline. Yeah.
Dilkes/ I don't think so!
Cole/ I would certainly like to do that.
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Throgmorton/ Yeah, if, uh, if such a proclamation is drafted and sent to, uh... me and the City
Clerk we could work on that.
Cole/ I definitely want to do that.
Simpson/ Eleanor, I have just one question. Um, so were you talking about like the State, um,
can license a certain agency or practice to do something titled `conversion therapy?' Um,
and then are there possibilities of some agency practicing something similar to
conversion therapy, um, that wouldn't necessarily be like caught by the State, like could
Iowa City have a broader definition to conversion therapy than say like the State, uh,
regulates?
Dilkes/ Uh, the State .... the State doesn't regulate conversion therapy. The State regulates what
certain professions can and can't do, including psychologists and psychiatrists, and so if
the State is saying we're not gonna prohibit you from doing conversion therapy and ... and
that I think is within their authority to do that. That's why the petition was presented to
them. Um, for.... essentially you have them saying you can do it and you would have us
saying you can't ... and that's a problem.
Dickens/ Is this something that we need to do now or is it something that we wait for .... if it
comes down from the federal or state level? It's .... it's kinda like (several talking)
Cole/ ....proclamation or what? (several talking) I would want to do a proclamation early.
Dickens/ Just a stated (several talking)
Cole/ Just to highlight it and to publicize it as an issue because I share Hunter's concerns, I mean
I thought we resolved these issues 50 years ago with what was it, DSM -I, that, you know
(laughs) so I was surprised that you can even still do this such thing, so .... um....
Dickens/ (both talking) ...another thing that may be coming down the pipeline (both talking)
Cole/ Yeah.
Dickens/ ....preemptive and it doesn't bind us.
Throgmorton/ Who knows! (several talking)
Cole/ We're all trying to figure that out, but I'd like to do the proclamation (several talking)
Throgmorton/ Okay! So, uh...... if somebody drafts a proclamation for us and sends it to me,
with a copy to Julie Voparil, uh, we .... our City Clerk, uh, we can act. Okay! So ... let's
move ahead. Uh, let's see our next topic is, um, clarification of agenda items for
tonight's formal meeting. So ... any topics anybody wants to bring up?
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Clarification of Agenda Items:
Botchway/ IP...AP..... sorry, not IP. (several taking) Item .... 11, 12. So....
Throgmorton/ Workforce housing units?
Botchway/ Yeah, workforce housing tax credits. Urn ... I'm confused about the affordable
housing element, and maybe there is none for this particular...
Mims/ No, they're not required, and workforce housing tax credit basically it's ... they have to be
less than $200,000 that it costs them to build.
Botchway/ Right.
Mims/ The goal is that if they're building for that amount (both talking) the rents are gonna be
affordable.
Botchway/ Okay.
Mims/ But I didn't see anything in here that said they were going to guarantee (several talking)
Fruin/ It is in the Riverfront Crossings District though.
Botchway/ Right!
Fruin/ So you have your inclusionary....
Botchway/ But that wasn't in here. So is it ...it will be though?
Fruin/ Yeah, it's (several talking) it's .... it's required to be a part of that. This doesn't change
that at all (several talking)
Botchway/ ...wanted to make sure there wasn't (both talking)
Mims/ Okay, I .... okay (several talking)
Throgmorton/ Yeah, we're just being asked if we want to support this application for workforce
housing tax credits.
Botchway/ Okay. (mumbled)
Information Packet Discussion 1December 8, 15, 22, 291:
Throgmorton/ Yeah. Okay, anything else in terms of clarifying agenda items? I guess not.
Okay, which leads us to the .... our Information Packet discussion, December 8`" packet.
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We have a lot of Info Packets to go (several talking and laughing) All right, I .... I have a
question for Brenda, if she's still here. Otherwise, uh, Geoff.
Fruin/ I think she took off. I'll .... I'll do my best.
Throgmorton/ On the December 8 packet, Geoff, uh, IP #5, the memo about a grant for ... uh, a
pilot, uh.... I don't know, study of consumption based inventory tool. You know for the
carbon emission stuff. Yeah, so my only question is, uh, who would be providing the
grants. We're getting grant money from somebody to support that. Do you know? I
don't remember seeing it in the memo.
Fruin/ Uh, L....L....I'll have to get back to (both talking)
Throgmorton/ I'll just ask Brenda to let me know or ..... yeah.
Botchway/ IP3. So .... I just had a question around .... oh man, so the recommendation, um, states
that we should repeal that particular section of the ordinance. Was that not.....is that just,
is that the entire section of the ordinance or just the recent changes that was made in
2013?
Dilkes/ No, it's the entire ordinance.
Botchway/ Entire thing, okay, I just wanted to make sure! I just .... got a little confused and so I
wanted to make sure I was right.
Dilkes/ So do you concur with that?
Mims/ Yeah.
Botchway/ Yeah.
Mims/ Otherwise we can be in violation of the law (several laughing and talking) Risk ... risk
more litigation (several laughing and talking)
Throgmorton/ All right, uh.... okay, so any other items for December 8?
Mims/ Yeah, just a couple things. Um .... thanks for putting in there the snow emergency
policies. I don't know if. ... how many people in the public read all of our packets
(laughs) but just as a reminder, um, it's been rain but it's... temperature dropped today, so
I'm not sure when we're going to get our next snow, so people are aware of the snow
emergency policies. Uh, not only with cars, um, and parking and all that but also some
of the things that were in there on making sure that people shovel the crosswalk areas, the
curb cuts. That's what I wanted to say! Um, IP9, Citizens Police Academy is coming up,
um, so encourage people if they're interested in that to get their applications in. I don't
know, uh, if they still have room or not.
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Throgmorton/ IP7, uh, it's a November 30`h letter from Lee Grassley, who's a senior manager of
government relations for Mediacom. I don't know if we have any questions about it, but
I .... I want to tell you that I've received at least a couple very angry emails and phone
calls about Mediacom service and cost of service. Uh, I don't really know what to do
about it. We have no regulatory autho... regulatory authority over Mediacom now, right?
Basically. Is it none or basically none? (laughs)
Dilkes/ We get to approve the basic tier rate, based on some kind of, um .... formula, but no. Yes
(laughter) no regulatory authority.
Botchway/ So can we send the community.... who is the regulatory authority?
Throgmorton/ The State. (several talking) No, it's the State! Isn't it?
Dilkes/ No, it's (several talking)
Botchway/ So can we send that communication to the State, or help at least answer those
questions?
Dilkes/ You know I don't think that's gonna be .... well, I (laughter)
Botchway/ Oh, okay! Never mind! My bad! My bad! I forgot! Yeah, I didn't forget but .... I'm
just sayin' we need to at least allow, you know, for people to be able to grieve
appropriately.
Fruin/ I think the sentiment is well known (laughter and several talking)
Dilkes/ Yes, and I think we just want to get through the litigation before we.....
Throgmorton/ Yeah.
Taylor/ (mumbled) letters was they were kind of chastising us for letting them be the only
franchise providing, uh, this service and being Mediacom customer myself, I .... they were
not exaggerating on the times that it was down. A lot! (several talking)
Mims/ People think we have more authority than we do. (several talking)
Throgmorton/ Yeah, well we....
Dilkes/ It's not exclusive, I mean ... (several talking) competitors.
Mims/ Right!
Throgmorton/ Okay, I'm gonna move on to December 15, unless I hear objections. So ... any
questions or whatever about December.... December 15`h packet?
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Thomas/ Just good .... good outcome on the, uh, 724 Ronalds, and uh.... interesting to hear about
(several talking) great price (several talking and laughing) uh, and the (several talking)
fun reading about the bookmobile planning and cooperation with Antelope.
Throgmorton/ Yep!
Cole/ That seems to be going well? Is that the consensus?
Frain/ Bookmobile planning?
Cole/ Yeah.
Frain/ I think it's on schedule and, uh, as far as I know, um.....everybody's very excited and
anxious to roll it out this year.
Mims/ Once again, uh, comprehensive financial report was interesting reading (laughter) in .... in
preparation for budget reading! (laughs)
Throgmorton/ Only a financial analyst would dig deeply into the financial reports. Well done!
(laughter) Okay, December 22"d packet.
Thomas/ Uh, IP2, I .... emailed you all on the question of the intersections on Washington at
Dubuque and.... urn.... Linn, asking if -if we could take this up at a future work session,
and ... you know, I went through my observations, which in the, uh, short-term that we've
had this kind of interim condition with the stop signs that ... uh, the flow actually seems to
be working pretty well.
Dickens/ I've seen better. I mean I'm at that corner, I walk across it multiple times a day.
Throgmorton/ Seems that way to me too!
Dickens/ It's ...... I don't know what.... savings there is. I know we have the electrical there. We
can always put it in.
Frain/ There's.... there's no savings at this point. Everything's .... everything's been ordered and,
um....
Dickens/ But you could reuse those....
Frain/ Potentially. Yeah. We've had a lot of internal discussions on this topic and, uh, you
know, the .... the short answer is there was a lot of internal staff discussions, um, back and
forth on whether stop signs or stop lights were more appropriate. I think it's ... uh, pretty
safe to say that either, urn .... can function, um, you know, the traffic will function fine
with either solution, but um, if it's a topic of interest to the Council, we'll prepare a
memo that outlines some of the pros and cons of each approach as we see them, and then
also let you know the cost implications of ...of basically a change order at this stage.
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Dickens/ Well, a little bit has to do with people's habits have changed. When those streets were
torn up they found other ways to go, and that could change, but.....
Cole/ I would support a work session so we get that detail. (several talking)
Fruin/ ....like to do that at the next meeting cause there's, uh, one of those signals is, the
contractor's ready to put it in right now. The Dubuque one's ready to go in and, uh, and
Linn Street is, uh, probably going to be this spring.
Throgmorton/ On that point, uh, my sense is like John and Terry, I .... I think the .... the Dubuque
Street interchange with stop signs is going great. I'm not so sure about the other one!
I ... I'm more open minded about that (laughs) so .... so we'll hear from ya!
Botchway/ But I'm worried about .... and I'm also worried about timing too, because I know that
we had kind of, you know, kind of to Terry's point, uh, there was a change in people...
where people were going and then also, you know, I just ... when I drive through, there's
nobody! So I feel like something's up! (laughs)
Thomas/ Well I did, just to update.....update you all, I heard from Nancy Bird today and she did
through an email discuss this with her executive committee and they're on board with the
stop signs. Uh, she also contacted Harry Olmstead. One of the issues that come up with
this is the impacts on the disabled community. He felt that the physically challenged,
meaning people in wheelchairs, would probably benefit from the stop signs in his view.
Um, he wasn't so certain about those who are visually impaired. But his .... in .... in the
end he felt testing the concept made the most sense.
Dickens/ It has slowed traffic down. Because .... if there's a green light, people shoot through
there. If there's not, it's....
Cole/ Created a good energy, I think.
Dickens/ So yes, let's do it! Soon! Next meeting.
Throgmorton/ Okay! We have one more Information Packet. I think (both talking)
Botchway/ I had a question around JEC. Uh, cause you and Susan, or Susan and Geoff are on
the board.
Mims/ Yeah!
Botchway/ Is there any questions about the overtime? (mumbled) $75,000 for overtime.
Mims/ They've been making changes in staffing, um ... that is actually come down considerably
in the last two or three years. Um, but when you get into the number of people they have
and the way they do their staffing, and I was going to talk in more detail about this but
This represents only a reasonably accurate transcription of the Iowa City City Council work
session of January 3, 2017.
Page 34
given our timeframe I won't tonight. Um .... they don't nece... they don't always have the
flexibility and then when people want to take time off, you know, kinds of things (both
talking) then you have some issues but they've actually decreased the overtime budget
significantly over the last two to three years. So....
Botchway/ Thanks!
Mims/ And you might have noticed, they got an award in there, as well.
Botchway/ I saw that! 2015, yeah!
Mims/ Yep (several talking)
Throgmorton/ Good deal! Okay. December 29th Information Packet.
Mims/ Covered most of that! (laughs)
Thomas/ Yeah. (laughter)
Throgmorton/ Yeah. Okay, hearing none, uh, let's adjourn or end our work session for tonight
and, uh, we'll get back together at 7:00!
Mims/ Sounds good!
This represents only a reasonably accurate transcription of the Iowa City City Council work
session of January 3, 2017.