Article II. CITY COUNCIL  

Section 2.01- Composition, Eligibility, Election and Terms

(a)

Composition. There shall be a City Council of seven members. Three shall be elected at large by the qualified electors of the City, and one shall be elected from each of the four wards by the qualified electors of that ward.

(b)

Eligibility. Only eligible electors of the City shall be eligible to be a candidate or hold office at large, and only eligible electors of the ward shall be eligible to be a candidate or hold office from a ward.

(c)

Election and Terms. The regular election of council members shall be held as by law provided.

(1)

At the first election under this Charter:

a.

Three council members at large will be elected. The two council members receiving the highest number of votes shall be elected for four-year terms. The remaining council member shall be elected for a two-year term.

b.

In case of a tie, the Mayor and Clerk shall determine by lot which council member is elected as by law provided.

c.

The council members elected from wards shall be elected for two-year terms.

(2)

Commencing at the next regular election and at all subsequent elections, council members at large shall be elected for four-year terms. The council members elected from wards shall be elected for two-year terms.

(3)

The terms of council members shall begin and end as by law provided.

Section 2.02- Compensation, Expenses

Upon adoption of this Charter by the voters, the then existing City Council shall by ordinance no later than the 15th day of August immediately following such adoption prescribe the reasonable compensation of the council members provided herein giving due regard to the duties and responsibility of such council members herein set out as by law provided. Thereafter the City Council shall prescribe the reasonable compensation of the council members giving due regard to the duties and responsibilities of such council members herein set out and the recommendations of the Salary Review Advisory Board, all as by law provided.

Section 2.03- Division of Council Wards

Upon adoption of this Charter by the voters, the then existing City Council shall by ordinance no later than the 15th day of August immediately following such adoption divide the City into four council wards of substantially equal population pursuant to the population enumeration of the most recent decennial census as by law provided. Thereafter the City Council shall by ordinance realign four existing council wards every ten years pursuant to the population enumeration of the most recent decennial census as by law provided. These wards shall be designated as Council Ward 1, Council Ward 2, Council Ward 3, and Council Ward 4.

Section 2.04- Meetings

(a)

The City Council shall, by ordinance, establish regular meetings dates and times, but in no event shall meet less than twice monthly. Special meetings may be called by the Mayor, giving notification to each council member, or by any three members of the Council. Notice of all meetings shall be given to the public as by law provided.

(b)

Voting, except on procedural motions, shall be by roll call and the ayes and nays must be recorded in the minute book. Passage of an ordinance, amendment, resolution, a motion to spend public funds, or a motion to accept public improvements and facilities upon their completion, shall be adopted as by law provided.

Section 2.05- General Powers and Duties

(a)

All powers of the City shall be vested in the Council except as otherwise provided by state law, this Charter, or council ordinance.

(b)

The Council shall by ordinance establish reasonable procedures, minimum expenditure levels, and areas of applicability for the utilization of informal competitive bids and formal sealed competitive bids in addition to and not inconsistent with those established by law.

(c)

The Council shall establish in writing a 5-year strategic plan, identifying priorities and measurable goals, and shall do so giving due consideration to the recommendations of the Mayor, City Manager, Department Heads, the Public and anticipated fiscal restraints. The Council shall review, update and communicate the strategic plan to the public on an annual basis.

(d)

The Council may establish, eliminate, or modify such departments as may from time to time be necessary; provide such supervisory and operational personnel as efficiency and effectiveness may warrant; authorize such equipment for said departments as efficiency and effectiveness may warrant, giving due consideration to the recommendation of the Mayor and City Manager.

(e)

The council shall establish as by law provided, all salaries and compensation for all officers, administrative and operational personnel, and shall determine the amount of compensation of persons it appoints and provide for the method of compensation of other city employees. Compensation shall be fair and commensurate with the duties and responsibilities of the position.

(f)

The Council shall require that the City Manager submit the annual budget and capital improvements program to the Council along with a budget message detailing the current state of economy and efficiency in the several departments and agencies, specifically addressing the written 5-year strategic plan, the merger of departments, structural realignment, changes in authorized levels of personnel and such other matters as may from time to time be requested by the Council. This message may include such additional matters as the City Manager feels is reasonable and necessary for the orderly and efficient operation of the City and understanding of the budget proposals.

(g)

The Council shall by ordinance establish reasonable procedures for the obligation and expenditure of municipal funds not inconsistent with state law.

(h)

The Council shall determine its own rules and maintain records of its proceedings as by law provided.

(i)

The Council may investigate the affairs and conduct of any City department, agency, or officer and secure from a court of competent jurisdiction production of evidence and attendance of witnesses.

(j)

The Council may override mayoral vetos as by law provided.

Section 2.06- Appointments

(a)

The Council shall appoint the City Manager with the advice of the Mayor within six months of the vacancy on the basis of that individual's qualifications and not on the basis of political affiliation who shall be under the direction and supervision of the Council and serve at the pleasure of the Council unless otherwise provided by the contract. A majority vote of the City Council is required to remove the City Manager, consistent with state laws, this charter, local ordinances, and/or employment agreements that the City Manager may have with the City. Upon the resignation or removal of the City Manager, the Council shall appoint a qualified Acting City Manager until a City Manager is appointed.

(b)

The Council shall appoint the City Clerk/ Finance Director and Deputy City Clerk/Treasurer.

(c)

The Council shall appoint a City Attorney who shall serve as chief legal advisor to the Council, Mayor and all City departments, offices, and agencies. The City Attorney shall represent the City in all legal proceedings and perform other duties prescribed by state or city law unless special counsel is appointed by the Council at the request of the City Attorney.

Section 2.07- Administrative Agencies

The Council shall establish all City administrative agencies (boards and commissions) as by law provided.

Section 2.08- Prohibitions

(a)

Appointments and Removals. Neither the Council nor any of its members shall, inconsistent with its statutory removal hearing power, dictate the appointment or removal of any City administrative officers or employees whom the City Manager or any of the Manager's subordinates are empowered to appoint.

(b)

Interference with Administration. Except for the purpose of inquiries and investigations under the Code of Iowa, the Council or its members shall not deal with City officers and employees who are subject to the direction and supervision of the City Manager and neither the Mayor or the City Council nor its members shall give orders to any such officers or employees, either publicly or privately.

Section 2.09- Removal from Office, Filling Vacancies

(a)

Removal from Office. A Council member may be removed from office as by law provided.

(b)

Filling Vacancies. In exercising its statutory vacancy filling powers, the Council shall utilize the following procedure.

(1)

To fill a vacancy in an at-large council position, the Council shall within seven days of the time the vacancy occurs, appoint from outside its members, a seven-member nominating committee comprised of one member from each council ward and three members from the City at large. No more than two members may be from any one ward. The committee shall conduct one public hearing and within fourteen days of the committee's appointment shall submit a list of names to the Council of not less than three nor more than five eligible electors willing to serve, or all if less than three apply. The Council shall fill the vacancy from that list.

(2)

To fill a vacancy occurring in a council ward position, the Council shall within seven days of the time the vacancy occurs, appoint from outside its members, a five-member nominating committee from that council ward. The committee shall conduct one public hearing and within fourteen days of the committee's appointment, shall submit a list of names to the Council of not less than three nor more than five eligible electors willing to serve, or all if less than three apply. The Council shall fill the vacancy from that list.

Section 2.10- Mayor Pro Tem

The Council shall elect one of its members as Mayor pro tem who shall serve for a period of two years and have such powers as are by law provided.

Section 2.11- Independent Audit

The Council shall provide for an independent audit as by law provided.