Park and Recreation Advisory Commission Member Removal_InitiateCopyrighted
September 19, 2022
City of Dubuque Items to be set for Public Hearing #
City Council Meeting 02.
ITEM TITLE: Park and Recreation Advisory Commission Member Removal
Recommendation
SUMMARY: Park and Recreation Advisory Commission recommending removal of
Commissioner Justin Hochberger pursuant to City of Dubuque Code of
Ordinances Title 10, Chapter 4, Section 10-5A-2 by setting a public
hearing for October 3, 2022.
RESOLUTION Setting a public hearing on the intent to consider the
removal of a commissioner from the Park and Recreation Advisory
Commission
SUGGESTED Receive and File; Adopt Resolution(s), Set Public Hearing for October
DISPOSITION: 3, 2022Suggested Disposition:
ATTACHMENTS:
Description Type
Commission Letter Supporting Documentation
Resolution Resolutions
Notice of Public Hearing Supporting Documentation
THE CITY OF
DUB E-h-
Masterpiece on the Mississippi
August 9, 2022
Honorable Mayor and City Council Members;
Dubuque
2007-2012.2013
2017*2019
Please accept this request, pursuant to Title 10, Chapter 5, Section 10-5A-2 of the Park
and Recreation Advisory Commission Ordinance, to remove Commissioner Justin
Hochberger from the Park and Recreation Advisory Commission and begin advertising
the opening.
During the past twelve months, Justin has been absent from eight regular monthly
Commission meetings. Most recently Justin has missed five consecutive meetings.
As Chair of the Park and Recreation Advisory Commission, and by unanimous vote at
the Tuesday August 9, 2022, Commission meeting, I respectfully request that Justin
Hochberger be removed from the Park and Recreation Advisory Commission and begin
advertising the opening. This request does not come lightly but honoring the attendance
policy that is required for Boards and Commissions, we have no choice but to ask for
such. Thank you.
Sincerely,
Ho ie Wood
Park and Recreation Advisory Commission, Chair
cc: Park and Recreation Advisory Commission
Prepared by: Crenna Brumwell. Esq., 300 Main Street, Suite 330, Dubuque IA 52001-6944, (563) 589-4381
Return to: Adrienne N. Breitfelder, City Clerk, 50 West 13'^ Street, Dubuque, IA 52001, (563) 5894100
RESOLUTION NO. 305-22
SETTING A PUBLIC HEARING ON THE INTENT TO CONSIDER THE REMOVAL OF
A COMMISSIONER FROM THE PARK AND RECREATION ADVISORY COMMISSION
WHEREAS, the City of Dubuque, Iowa Park and Recreation Advisory Commission
is governed by Title 10 of the City of Dubuque Code of Ordinances; and
WHEREAS, §10-5A-2 of the Code of Ordinances establishes the requirement for
attendance at commission meetings as follows:
Meetings:
Regular Meetings: The commission must meet not less than bi-monthly.
2. Special Meetings: Special meetings may be called by the Chairperson or at
the written request of a majority of the Commissioners.
3. Open Meetings: All meetings must be called and held in conformance with
the Iowa Open Meetings Law.
4. Attendance:
a. In the event a Commissioner has been absent for three (3) or more
consecutive meetings of the commission, without being excused by the
Chairperson, such absence will be grounds for the commission to
recommend to the City Council that the position be declared vacant and a
replacement appointed.
b. Attendance must be entered upon the minutes of all meetings
5. Minutes: A copy of the minutes of all regular and special meetings of the
commission must be filed with the City Council within ten (10) working days after
each meeting, or by the next regularly scheduled City Council meeting, whichever
is later.
6. Quorum: Four (4) Commissioners constitute a quorum for the transaction of
business. The affirmative vote of a majority of the Commissioners present and
voting is necessary for the adoption of any motion or resolution.
; and
WHEREAS, the Park and Recreation Advisory Commission has recommended to
the City Council that Justin Hochberger be removed from the Commission for failure to
comply with the attendance requirements, such recommendation attached as Exhibit A;
and
WHEREAS, §10-5A-2 of the Code of Ordinances authorizes removal of a
commissioner for cause upon written charges and after public hearing; and
WHEREAS, the City Council desires to set the public hearing on the removal of
Justin Hochberger from the Park and Recreation Advisory Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council intends to consider the removal of Justin Hochberger
from the Park and Recreation Advisory Commission for noncompliance with the
attendance requirement of the Code of Ordinances.
Section 2. The City Clerk is hereby authorized and directed to cause a notice to be
mailed to Justin Hochberger and published as prescribed by Iowa Code Section 362.3 of
a public hearing on the City's intent to remove Justin Hochberger from the Park and
Recreation Advisory Commission, to be held on the 31d day of October, 2022 at 6:30 p.m.
in Dubuque, Iowa.
Passed, approved and adopted this 1 gth day of September, 2022.
i
.�Mayor
Attest:
*kPiI? Anr k
Adrienne N. Breitfelder, City Clerk
EXHIBIT A
THE cF
D�j-
E
Mat ;terpiece vrr the Mississiplir
August g, 2Q22
Honorable Mayor and City Council Members:
Dubuquo
111111
NOI-2012.2011
2017.2019
Please accept this request, pursuant to Title 10, Chapter 5, Section t 0-5A-2 of the Park
and Recreation Advisory Commission Ordinance, to remove Commissioner Justin
Hochberger from the Park and Recreation Advisory Commission and begin advertising
the opening.
During the past twelve months, Justin has been absent tram eight regular monthly
Commission meetings. Most recently Justin has missed five consecutive meetings_
As Chair of the Park and Recreation Advisory Commisston, and by unanimous vote at
the Tuesday August 9, 2M, Commission meeting, I respectfully request that Justin
Hochberger be removed from the Park and Recreation Advisory Commission and begin
advertising the opening. This request does not come lightly but honoring the attendance
policy that Is requirad for Boards and Commissions, we have no choice but to ask for
such. Thank you.
Sincerely,
H ie Woad
Parts and Recreation Advisory Commission. Chair
cc; Park and Recreation Advisory Commission
CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
PUBLIC NOTICE is hereby given that the Dubuque City Council will conduct a public
hearing on the V day of October, 2022, at 6:30 p.m., in the Historic Federal Building, 350
W. 6t" Street, 2nd floor, Dubuque, Iowa, at which meeting the City Council intends to
consider the removal of Justin Hochberger from the Park and Recreation Advisory
Commission for noncompliance with the attendance requirement of the Code of
Ordinances.
At the meeting, the City Council will receive in -person and virtual comments from any
resident or property owner of said City to the above action. The official agenda will be
posted the Friday before the meeting and will contain public input options. The City
Council agenda can be accessed at
https://cityofdubuque.novusagenda.com/AgendaPublic/ or by contacting the City Clerk's
Office at 563-589-4100, ctyclerk@cityofdubuque.org. At said time and place of public
hearings all interested citizens and parties will be given an opportunity to be heard for or
against said proposal.
Written comments regarding the above public hearings may be submitted to the City
Clerk's Office via email at ctyclerk@cityofdubuque.org or by mail to City Clerk's Office,
City Hall, 50 W. 13t" St., Dubuque, IA 52001, before said time of public hearing. At said
time and place of public hearings the City Council will receive any written comments
received by the City Clerk's Office before said time of public hearing.
Copies of supporting documents for the public hearings are on file in the City Clerk's
Office and may be viewed Monday through Friday between 8:00 a.m. and 5:00 p.m.
Individuals with limited English proficiency, vision, hearing, or speech impairments
requiring special assistance should contact the City Clerk's Office at (563) 589-4100, TDD
(563) 690-6678, ctyclerk@cityofdubuque.org as soon as feasible. Deaf or hard -of -hearing
individuals can use Relay Iowa by dialing 711 or (800) 735-2942.
Published by order of the City Council given on the 19t" day of September, 2022.
Adrienne N. Breitfelder, City Clerk