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Code of Ordinances Amendment - Title 5 Transit Advisory Board Copyright 2014 City of Dubuque Action Items # 13. ITEM TITLE: Code of Ordinances Amendment - Title 5 Transit System, Chapter 1 Transit Advisory Board SUMMARY: City Manager recommending approval of an amendment to the City of Dubuque ordinance for the Transit Advisory Board. ORDINANCE - Amending City of Dubuque Code of Ordinances Title 5 Transit System, Chapter 1 Transit Advisory Board, Section 5-1-12 Removal, by Eliminating the Public Hearing Requirement for Removal of a Member SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A ATTACHMENTS: Description Type ❑ Transit Advisory Board-MVM Memo City Manager Memo ❑ Staff Memo Staff Memo ❑ Ordinance Ordinance THE CITY OF Dubuque UBE I erica .i Masterpiece on the Mississippi 2007-2012-2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Boards and Commissions —Transit Advisory Board DATE: May 12, 2015 The City Attorney's Office and the City Clerk's Office have been working on updating the Boards and Commissions ordinances to make the standard provisions in all of the ordinances uniform and consistent. Assistant City Attorney Crenna Brumwell recommends City Council approval of an amendment to the City of Dubuque ordinance for the Transit Advisory Board. As members of the Boards and Commissions are not officers per Iowa Code, the public hearing requirement is being removed. I concur with the recommendation and respectfully request Mayor and City Council approval. Mic ael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Crenna Brumwell, Assistant City Attorney THS CITY OF DUB E MEMORANDUM Masterpiece on the Mississippi CRENNA M . BRUMWELL , ESQ. //11 /� /� ASSISTANT CITY ATTORNEY n I/ / I/ / To: Michael C. Van Milligen I�,.Ji`' Ill City Manager DATE: May 8, 2015 RE: Boards and Commissions —Transit Advisory Board The City Attorney's Office, together with the City Clerk's Office and each individual department, have been working on updating the Boards and Commissions ordinances for the City of Dubuque. The goal is to make the standard provisions in all of the ordinances uniform and consistent. Attached please find a draft ordinance for the Transit Advisory Board, which eliminates the public hearing requirement for removal of a member. Iowa Code §372.15 only requires a public hearing for removal of officers. As members of the Boards and Commissions are not officers per Iowa Code, the public hearing requirement is being removed. I recommend that the ordinance be submitted to the City Council for consideration. Please let me know if you need further information. Thank you. Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381 ORDINANCE NO. 32-15 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 5 TRANSIT SYSTEM, CHAPTER 1 TRANSIT ADVISORY BOARD, SECTION 5-1-12 REMOVAL, BY ELIMINATING THE PUBLIC HEARING REQUIREMENT FOR REMOVAL OF A MEMBER NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 5-1-12 of the City of Dubuque Code of Ordinances is hereby amended as follows: Except as provided in 5-1-10(D)(1), the city council may remove any member for good cause. Section 2. This Ordinance takes effect upon publication. Passed, approved, and adopted the 18th day of May, 2015. Attest: Ken S. Firnstahl, Cit Ierk Lynn V. Sutton, Mayor Pro Tem EFFECT OF AMENDMENT 5-1-12: REMOVAL: Except as provided in 5-1-10(D)(1), the city council may remove any member for good cause 61POR Fi#e„ GhaFgeG and a#e. a r„hr,. he,.,,,,. STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, 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: May 22, 2015, and for which the charge is $10.25. 144'. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this c,ne4 day of de- , 20 /5 . OFFICIAL PUBLICATION ORDINANCE NO. 32-15 AMENDING CITY OF DUBUQUE ,CODE OF ORDINANCES TITLE 5 'TRANSIT SYSTEM, CHAPTER 1 TRANSIT ADVISORY ;> BOARD, SECTION . 5-1-12 RE- MOVAL, BY ELIMIN- ATING THE PUBLIC '! HEARING 'REQUIRE- MENT FOR REMOVAL OFA MEMBER , IT ORDAINED BY THE CITY COUNCIL OF THEW, CITY NI OF DUTHEREFOkEBUQUE,BE, IOWA: Section 1. Section 5-1- 12 of the City of Dubuque Code of Ordinances is. hereby amended as follows:" Except as provided in 5-1-10(D)(1), the city council may remove any member for good_', cause. Section 2. This Ordinance takes effect upon publication. Passed, approved, and adopted the 18th day of May, 2015. /s/Lynn V. Sutton, Mayor Pro Tern Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph 'Herald newspaper, on the 22nd day of May, 2015. Attest: /s/Kevin S. Firnstahl, City Clerk it 5/22 Notary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER Commission Number 154885 My Comm, Exp, FEB. 1, 2017