WS - D - City Council Procedural Rules, Conduct and Resources

Rule 36. Abstentions. Pursuant to Section 380.4 of the State Code, in the absence of a conflict of interest, a Council Member who abstains is included for purposes of determining whether a measure has passed. Legal significance or effect must be given to a Council Member's abstention when the abstention is not required by a conflict of interest in order to prevent frustration or abuse of the legislative process. So, in order to assure that a Council Member must vote "no" in order to defeat a measure and may not do so by inaction, an abstention for reasons other than a conflict of interest shall be deemed a vote with the majority or, in cases of a tie vote, a vote in the affirmative. For purposes of this rule, the statement of a Council Member that the Council Member declines to vote by reason of a conflict of interest is conclusive. Rule 37. Staff/Council Reports. This rule establishes a policy on staff and council reports given at a Council meeting. The purpose is to establish guidelines for the presentation of staff and/or council reports during any council meeting, ensuring clarity, efficiency, and compliance with the State of Iowa’s Open Meetings Laws. Department Heads shall provide updates on their respective departments during the council meetings. City Council Members and Staff should be concise and limited to a maximum of 5-10 minutes. Reports presented at a council meeting should not require any discussion. Any item that necessitates discussion must be properly noticed and should be on the agenda. To ensure accuracy and proper archival needs, all reports should be delivered to the City Clerk prior to EOB on Thursday before Tuesday’s meeting. In cases of emergent issues that arise unexpectedly, verbal reports may be given. Rule 38. Appointments to City Boards and Commissions. The following persons shall not be eligible for appointment to, or continued service on, City Boards and Commissions: 1. A Council Member's spouse, domestic partner or partner by cohabitation, children, step-children, children for whom the Council Member assumes parental responsibility, mother, father, son-in-law, daughter-in-law, mother-in-law, father-in- law, step-parent, brother, sister, step-sibling, half-sibling, brother-in-law, sister-in- law, grandparent and grandchildren, aunt, uncle, niece, nephew, first cousin, foster parent, foster child, persons who are parents of the same child, and persons with whom the employee is in an intimate relationship. 2. A current member of a City Board or Commission, unless dual or joint memberships are provided for in the resolution, ordinance, or statute which creates the Board or Commission to which appointment is being made. 3. A current member of a comparable County Board or Commission, unless dual or joint memberships are provided for in the resolution, ordinance, or statute which creates the Board or Commission to which appointment is being made. In addition, each application for reappointment to a City Board or Commission will be considered without regard to incumbency. Except in unusual circumstances, an individual should be limited to one reappointment to a full term in order to increase the opportunities for new applicants to serve. Furthermore, because it is in the best interest of the Council and all residents that Council Members remain unbiased in their decision-making processes and avoid situations which might foster bias in favor of a human service agency seeking Council funding on whose board the Council Member serves, no Council Member shall serve as a member of the governing board of any human service agency which is funded by, or anticipates requesting funding from, the City of Tiffin. 6