Code of Ordinance Amendments on Appointments to the Board of Library Trustees and Civil Service CommissionCity of Dubuque
City Council Meeting
Action Items # 07.
Copyrighted
December 19, 2022
ITEM TITLE: Code of Ordinance Amendments on Appointments to the Board of
Library Trustees and Civil Service Commission
SUMMARY: City Clerk recommending approval of two ordinances amending the
appointment procedure for the Board of Library Trustees and Civil
Service Commission.
ORDINANCE Amending City of Dubuque Code of Ordinances Title 2
Boards and Commissions, Chapter 7 Board of Library Trustees, Section
2-7-5 Membership
ORDINANCE Amending City of Dubuque Code of Ordinances Title 2
Boards and Commissions, Chapter 2 Civil Service Commission, Section
2-2-5 Membership
SUGGESTED Suggested Disposition: Receive and File; Motion B; Motion
DISPOSITION:
ATTACHMENTS:
Description Type
Staff Memo Staff Memo
Board of Library Trustees Ordinance Amendment Ordinance
Civil Service Commission Ordinance Amendment Ordinance
Dubuque
THE COF
City Clerk's Office
City Hall
-merayDubuque,
DtUBEI
50 W. 13th Street
I 1 52001-4864
(563) 589-4100 office
I
Iftl
(563) 589-0890 fax
ctyclerk@cityofdubuque.org
Masterpiece on the Mississippi 20077.2012.2013
www•cityofdubuque.org
TO: The Honorable Mayor and City Council Members
FROM: Adrienne N. Breitfelder, City Clerk
DATE: December 12, 2022
SUBJECT: Ordinance Amendments for Appointments to Board of Library Trustees
and Civil Service Commission
Two ordinance amendments are proposed to remove the procedure of council
concurrence for appointments to the Board of Library Trustees and the Civil Service
Commission. Removing this language will result in appointments to both commissions
occurring by a vote of the City Council. Both the Board of Library Trustees and the Civil
Service commission are established by state code, and this update will lead to
consistency with state code regarding the appointment procedure.
I respectfully recommend City Council approval of two ordinances amending the
appointment procedure for the Board of Library Trustees and Civil Service Commission.
cc: Michael Van Milligen, City Manager
Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. 46-22
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 2 BOARDS AND
COMMISSIONS, CHAPTER 7 BOARD OF LIBRARY TRUSTEES, SECTION 2-7-5
MEMBERSHIP
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 2-7-5 of the City of Dubuque Code of Ordinances is amended
to read as follows:
2-7-5: MEMBERSHIP:
A. The board comprises seven (7) residents of the city, appointed by city council.
B. Residents must be eighteen (18) years of age or older.
C. Membership on the board must comply with the provisions of Iowa Code section
69.16A, relating to gender balance. No person can be appointed or reappointed to the
board if that appointment or reappointment would cause the number of members of one
gender to be greater than one-half (1/2) of the membership of the board plus one. If the
city has made a good faith effort to appoint a qualified person to fill a vacancy on the
board for a period of three (3) months but has been unable to make a compliant
appointment, the city must utilize a fair and unbiased method of selecting the best
qualified applicants.
Section 2. This ordinance shall take effect upon publication.
Passed, approved, and adopted this 19th day of December, 2022.
Attest:
n.
Adrienne Breitfelder, City Clerk
EFFECT OF AMENDMENT
2-7-5: MEMBERSHIP:
A. The board comprises seven (7) residents of the city, appointed by city council.
B. Residents must be eighteen (18) years of age or older.
C. Membership on the board must comply with the provisions of Iowa Code section
69.16A, relating to gender balance. No person can be appointed or reappointed to the
board if that appointment or reappointment would cause the number of members of one
gender to be greater than one-half (1/2) of the membership of the board plus one. If the
city has made a good faith effort to appoint a qualified person to fill a vacancy on the
board for a period of three (3) months but has been unable to make a compliant
appointment, the city must utilize a fair and unbiased method of selecting the best
qualified applicants.
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. 47-22
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 2 BOARDS AND
COMMISSIONS, CHAPTER 2 CIVIL SERVICE COMMISSION, SECTION 2-2-5
MEMBERSHIP
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 2-2-5 of the City of Dubuque Code of Ordinances is amended
to read as follows:
2-2-5: MEMBERSHIP:
A. Composition: The commission comprises three (3) residents of the city, appointed
by the city council.
B. Age: Residents must be eighteen (18) years of age or older.
C. Special Qualifications:
1. Commissioners must be citizens of Iowa, eligible electors as defined in the
Iowa Code, and may not hold or be a candidate for any office of public trust.
2. The human rights director shall, ex officio, be a member, without vote.
3. Commissioners may not do any of the following:
a. Sell, or in any manner become parties, directly or indirectly, to any
contract to furnish supplies, material, or labor to the city unless the sale is
made or the contract is awarded by competitive bid in writing, publicly
invited and opened.
b. Have an interest, direct or indirect, in any contract or job of work or
material or the profits thereof or services to be furnished or performed for
the city unless the contract or job is awarded by competitive bid in writing,
publicly invited and opened.
D. Gender Balance: Membership on the commission must comply with the provisions
of Iowa Code section 69.16A, relating to gender balance. No person may be appointed
or reappointed to the commission if that appointment or reappointment would cause the
number of members of one gender to be greater than one-half (1/2) of the membership of
the commission plus one. If the city has made a good faith effort to appoint a qualified
person to fill a vacancy on the commission for a period of three (3) months but has been
unable to make a compliant appointment, the city must utilize a fair and unbiased method
of selecting the best qualified applicants.
Section 2. This ordinance shall take effect upon publication.
Passed, approved, and adopted this 19th day of December, 2022.
Bra C-11ZT,!t�
Attest:
*"�/-,/-) k"�I"
Adrienne Breitfelder, City Clerk
EFFECT OF AMENDMENT
2-2-5: MEMBERSHIP:
A. Composition: The commission comprises three (3) residents of the city, appointed
by the city council.
B. Age: Residents must be eighteen (18) years of age or older.
C. Special Qualifications:
1. Commissioners must be citizens of Iowa, eligible electors as defined in the
Iowa Code, and may not hold or be a candidate for any office of public trust.
2. The human rights director shall, ex off icio, be a member, without vote.
3. Commissioners may not do any of the following:
a. Sell, or in any manner become parties, directly or indirectly, to any
contract to furnish supplies, material, or labor to the city unless the sale is
made or the contract is awarded by competitive bid in writing, publicly
invited and opened.
b. Have an interest, direct or indirect, in any contract or job of work or
material or the profits thereof or services to be furnished or performed for
the city unless the contract or job is awarded by competitive bid in writing,
publicly invited and opened.
D. Gender Balance: Membership on the commission must comply with the provisions
of Iowa Code section 69.16A, relating to gender balance. No person may be appointed
or reappointed to the commission if that appointment or reappointment would cause the
number of members of one gender to be greater than one-half (1/2) of the membership of
the commission plus one. If the city has made a good faith effort to appoint a qualified
person to fill a vacancy on the commission for a period of three (3) months but has been
unable to make a compliant appointment, the city must utilize a fair and unbiased method
of selecting the best qualified applicants.
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:
12/23/2022
and for which the charge is 20.94
Subscribed to befor e, a Notary Public"' and for
Dubuque County, Iowa,
this 27th day of December, 2022
Notary Public in and for Dubuque County, Iowa.
SH.A.RON wEL.BORN
CAmmamhs,i+on Mamribv 8274.0:8
My Cr;oimEx:p.. hi3OY 10, 20'23
Ad text :
OFFICIAL PUBLICATION
ORDINANCE NO. 46-22
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 2 BOARDS
AND COMMISSIONS, CHAPTER 7 BOARD OF LIBRARY TRUSTEES, SECTION
2-7-5 MEMBERSHIP
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. Section 2-7-5 of the City of Dubuque Code of
Ordinances is amended to read as follows:
2-7-5: MEMBERSHIP:
A. "The board comprises seven (7) residents of the city,
appointed by city council.
B. "Residents must be eighteen (18) years of age or older.
C. "Membership on the board must comply with the provisions
of Iowa Code section 69.16A, relating to gender balance. No
person can be appointed or reappointed to the board if that
appointment or reappointment would cause the number of members
of one gender to be greater than one-half (1/2) of the
membership of the board plus one. If the city has made a good
faith effort to appoint a qualified person to fill a vacancy
on the board for a period of three (3) months but has been
unable to make a compliant appointment, the city must utilize
a fair and unbiased method of selecting the best qualified
applicants.
Section 2. This ordinance shall take effect upon
publication.
Passed, approved, and adopted this 19th day of December,
2022.
/s/Brad M. Cavanagh, Mayor
Attest: /s/Adrienne N. Breitfelder, City Clerk
Published officially in the Telegraph Herald newspaper on
the 23rd day of December, 2022.
/s/Adrienne N. Breitfelder, City Clerk
It 12/23
1 1,11 a ,
g_v4,ern -mt.v1-) `7
STATE OF IOWA SS: op*
4' =�
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:
12/23/2022
and for which the charge is 32.00
Subscribed to befoYe me, a Notary Puirlic in and for
Dubuque County, Iowa,
this 27th day of December, 2022
Notary Public in and for Dubuque County, Iowa.
SKARON WEL.BORN
Commai:ss;iio,m Mlwimarber 8:27408
lily Comm. E.x:p• M'0Y 10, 202:3
Ad text : OFFICIAL PUBLICATION
ORDINANCE NO. 47-22
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 2 BOARDS
AND COMMISSIONS, CHAPTER 2 CIVIL SERVICE COMMISSION, SECTION
2-2-5 MEMBERSHIP
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. Section 2-2-5 of the City of Dubuque Code of
Ordinances is amended to read as follows:
2-2-5: MEMBERSHIP:
A. "Composition: The commission comprises three (3) residents
of the city, appointed by the city council.
13."Age: Residents must be eighteen (18) years of age or
older.
C. "Special Qualifications:
1. "Commissioners must be citizens of Iowa, eligible electors
as defined in the Iowa Code, and may not hold or be a
candidate for any office of public trust.
2. "The human rights director shall, ex officio, be a member,
without vote.
3 . "Commissioners may not do any of the following:
a."Sell, or in any manner become parties, directly or
indirectly, to any contract to furnish supplies, material, or
labor to the city unless the sale is made or the contract is
awarded by competitive bid in writing, publicly invited and
opened.
b. "Have an interest, direct or indirect, in any contract or
job of work or material or the profits thereof or services to
be furnished or performed for the city unless the contract or
job is awarded by competitive bid in writing, publicly invited
and opened.
D. "Gender Balance: Membership on the commission must comply
with the provisions of Iowa Code section 69.16A, relating to
gender balance. No person may be appointed or reappointed to
the commission if that appointment or reappointment would
cause the number of members of one gender to be greater than
one-half (1/2) of the membership of the commission plus one.
If the city has made a good faith effort to appoint a
qualified person to fill a vacancy on the commission for a
period of three (3) months but has been unable to make a
compliant appointment, the city must utilize a fair and
unbiased method of selecting the best qualified applicants.
Section 2. This ordinance shall take effect upon
publication.
Passed, approved, and adopted this 19th day of December,
2022.
/s/Brad M. Cavanagh, Mayor
Attest: /s/Adrienne N. Breitfelder, City Clerk
Published officially in the Telegraph Herald newspaper on
the 23rd day of December, 2022.
/s/Adrienne N Breitfelder, City Clerk
1 t 12/23