Park and Recreation Advisory Commission Member Removal_HearingCity of Dubuque
City Council Meeting
Public Hearings # 02.
Copyrighted
October 3, 2022
ITEM TITLE: Park and Recreation Advisory Commission Member Removal
Recommendation
SUMMARY: Proof of publication on notice of public hearing to consider removal of
Park and Recreation Advisory Commission Commissioner Justin
Hochberger pursuant to City of Dubuque Code of Ordinances Title 10,
Chapter 4, Section 10-5A-2, and Park and Recreation Advisory
Commission recommending approval.
SUGGESTED
DISPOSITION:
ATTACHMENTS:
Description
RESOLUTION Removing a Commissioner from the Park and
Recreation Advisory Commission
Suggested Disposition: Receive and File; Adopt Resolution(s)
Park and Recreation Advisory Commission Letter
Resolution
Type
Supporting Documentation
Resolutions
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) 589-4100
RESOLUTION NO. 320-22
REMOVING 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:
J. Meetings:
1. 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.
F7or
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, a public hearing was set for October 3, 2022, and notice was mailed
to Justin Hochberger and published in accordance with Iowa Code §362.3; and
WHEREAS, the City Council held a public hearing on the question of removing
Commissioner Justin Hochberger from the Park and Recreation Advisory Commission on
October 3, 2022.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council hereby removes 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 begin recruitment for
appointment to the Park and Recreation Advisory Commission to fill the seat created by
this removal.
Passed, approved and adopted this 3rd day of October, 2022.
nagh, Mayor
Attest:
a? is d/ A&�' -
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
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
I, Kathy Goetzinger, a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the
attached notice was published in said newspaper on the
following dates:
09/23/2022
and for which the charge is 33.60
Su4scribed to before me,)a Notary Public i d for
Dubuque County, Iowa,
this 23rd day of September, 2022
Notary v
in and for DubuqueCounty, Iowa.
.i JANET K. PAPE
Commiesiun Number 199659
'— - lMy Comm. Exp, DEC 11. 2022
Ad text : CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
PUBLIC NOTICE is hereby given that the Dubuque City Council
will conduct a public hearing on the 3rd day of October, 2022,
at 6:30 p.m., in the Historic Federal Building, 350 W. 6th
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. 13th 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 19th day
of September, 2022.
Adrienne N. Breitfelder, City Clerk
It 9/23
Dubuque
THE CITY OF
City ClerKs Office
50 West 13th Street
Dubuque, Iowa 52001-4805
gnCi
Office(563) 20
TTY (563) 0-667UT
II.
ity
ctyclerkQcityofdfdubuque.org
Masterpiece on the Mississippi 2007.2012. 2013
www.cityofdubuque.org
October 5, 2022
Justin Hochberger
2740 Muscatine St.
Dubuque, Iowa 52001
Mr. Hochberger,
Pursuant to City of Dubuque Resolution No. 320-22, the City Council removed you from
the Park and Recreation Advisory Commission on October 31d, 2022, for noncompliance
with the attendance requirement of the Code of Ordinances.
Sincerely, X.
Q -
P4
Adrienne N. Breitfelder
City Clerk
City of Dubuque, Iowa
563-589-4121
abreitfe(a)cityofd ubuaue.org
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