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Code of Ordinances Amendment - Title 1 Mayor Pro Tern / Presiding Officer Copyrighted July 2, 2018 City of Dubuque Action Items # 7. ITEM TITLE: Code of Ordinances Amendment- Title 1 Mayor Pro Tem SUMMARY: City Manager recommending adoption of an ordinance amendment that provides for the prior appointment of a presiding officer in the event the Mayor and Mayor Pro Tem are absent or participating by telephone and cannot preside over a City Council meeting. ORDINANCE Amending City of Dubuque Code of Ordinances Title 1 Administration, Chapter 6 Mayor and City Council, Section 1-6-3 Mayor Pro Tem SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A ATTACHMENTS: Description Type Code of Ordinances Amendment Mayor Pro Tem-NNM City Manager Memo Memo Staff Memo Staff Memo Proposed Ordinance Ttle 1-6-3 Ordinance Suggested Nbtion Wording Supporting Documentation THE CITY OF Dubuque � AIFA�erlwGh UB E '�� III► Masterpiece on the Mississippi Z°°'�w'2 7A13 2017 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Code of Ordinances Amendment to Title 1-6-3 Mayor Pro Tem DATE: June 27, 2018 City Attorney Crenna Brumwell and City Clerk Kevin Firnstahl are recommending adoption of an ordinance amendment that provides for the appointment of a presiding officer in the event the Mayor and Mayor Pro Tem are absent or participating by telephone and cannot preside over a City Council meeting. This amendment mimics the ordinance for Emergency Succession for Mayor and City Council Members and provides a definitive and predetermined order of succession when a presiding officer is required. I concur with the recommendation and respectfully request Mayor and City Council approval. �� �� ��� Mic ael C. Van Milligen �� � MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Kevin S. Firnstahl, City Clerk Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager THE CITY OF Dubuque � All•America Cily U� � rw�noru�av;c�;uE ,� �► Masterpiece on the Mississippi 2°°'•2°12 2013•2017 TO: Michael C. Van Milligen, City Manager FROM: Kevin S. Firnstahl, City Clerk Crenna Brumwell, City Attorney DATE: June 26, 2018 SUBJECT: Code of Ordinances Amendment to Title 1-6-3 Mayor Pro Tem Purpose The purpose of this memo is to request City Council approve of an amendment to the City of Dubuque Code of Ordinances Section 1-6-3 Mayor Pro Tem. Background The City Code of Ordinances provides for the appointment of a presiding officer in the event the Mayor and Mayor Pro Tem are absent or participating by telephone and cannot preside over a City Council meeting. The appointing of a presiding officer is immediately voted upon by the members present following the calling of the meeting by the City Clerk. Discussion Since the name of the presiding officer is not known until the after the meeting is called and the vote taken, prior preparation for the meeting and of agenda documents is complicated until the presiding officer is named and takes the chair. Additionally, the presiding officer has no time to prepare in advance of the meeting. Action City Attorney Brumwell and I are recommending an amendment to the City of Dubuque Code of Ordinances that mimics Section 1-6-4 Emergency Succession for Mayor and Council Members and provides a definitive and predetermined order of succession when a presiding officer is required. /ksf Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381 ORDINANCE NO. 24-18 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 1 ADMINISTRATION, CHAPTER 6 MAYOR AND CITY COUNCIL, SECTION 1-6-3 MAYOR PRO TEM NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 1-6-3 of the City of Dubuque Code of Ordinances is amended to read as follows: 1-6-3: MAYOR PRO TEM: A. Term Of Mayor Pro Tem: The term of Mayor Pro Tem shall be eight (8) months. B. Designation Of Mayor Pro Tem: Council members shall serve as Mayor Pro Tem in the following order: 1) at large Council member elected to two (2) year term; 2) ward two Council member; 3) ward four Council member. Thereafter, Council members shall serve as Mayor Pro Tem in the following order: 1. At Targe Council member with two (2) years of term remaining; 2. Ward one Council member; 3. Ward three Council member; 4. At large Council member with two (2) years of term remaining; 5. Ward two Council member; 6. Ward four Council member. C. Vacancy: In the event of a vacancy in the office of a Council member while such Council member is serving as Mayor Pro Tem, the person appointed or elected to fill such vacancy shall serve the remainder of the term of Mayor Pro Tem. D. Absence of Mayor and Mayor Pro Tem: When the Mayor and the Mayor Pro Tem are absent or unable to act, the Council members in the following order of succession shall perform the Mayor's duties: 1. Council member at large who has served the longer consecutive term in office; then Council member at large who has served the shorter consecutive term in office; in the event their terms are the same, then in alphabetical order. 2. Ward Council member who has served the longest consecutive term in office; then ward Council member who has served the next longest consecutive term in office, and so on; in the event that the consecutive terms of Council members in such order are the same, then in alphabetical order. Section 2. This ordinance shall take effect upon publication. Passed, approved and adopted this 2nd day of July, 2018. Attest: KeVi ' S. Firnstahl, City Clerk C if Roy D. Buol, Mayor EFFECT OF AMENDMENT 1-6-3: MAYOR PRO TEM: A. Term Of Mayor Pro Tem: The term of Mayor Pro Tem shall be eight (8) months. B. Designation Of Mayor Pro Tem: Council members shall serve as Mayor Pro Tem in the following order: 1) at large Council member elected to two (2) year term; 2) ward two Council member; 3) ward four Council member. Thereafter, Council members shall serve as Mayor Pro Tem in the following order: 1 . At large Council member with two (2) years of term remaining; 2. Ward one Council member; 3. Ward three Council member; 4. At large Council member with two (2) years of term remaining; 5. Ward two Council member; 6. Ward four Council member. C. Vacancy: In the event of a vacancy in the office of a Council member while such Council member is serving as Mayor Pro Tem, the person appointed or elected to fill such vacancy shall serve the remainder of the term of Mayor Pro Tem. D. Absence of Mayor and Mayor Pro Tem: When the Mayor and the Mayor Pro Tem are absent or unable to act, the Council members in the following order of succession shall perform the Mayor's duties: 1 . Council member at large who has served the longer consecutive term in office; then Council member at large who has served the shorter consecutive term in office; in the event their terms are the same, then in alphabetical order. 2. Ward Council member who has served the longest consecutive term in office; then ward Council member who has served the next longest consecutive term in office, and so on; in the event that the consecutive terms of Council members in such order are the same, then in alphabetical order. Suggested Motion Wording for Ordinances - Motion B / Motion A Motion B I move to receive and file the communications and further move that the requirement that a proposed Ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which is to be finally passed be suspended. Second & vote called; then: Motion A I move final consideration and passage of the Ordinance. Second & vote called If Motion B does not pass: I move to receive and file the communications and I move first (or second) consideration of the Ordinance. Upon third reading: I move final consideration and passage of the Ordinance. STATE OF IOWA DUBUQUE COUNTY {SS: 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: July 6, 2018, and for which the charge is $27.59. order:1At large Council member with two (2) years of ,term remain- ing; 2. Ward one Council Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this PO day of , 20 /if . Notary Public in and for Dubuque County, Iowa, 00 MARY K WESTERMEYER Commission Number 154885 My Commission Exp. Feb. 1, 2020 ,,,,,,:,,,,,,,ci:,:::::,:-.., imm21443!..:: 1;ILa.'ADRDw;N'i,;ki;cirNYolA'i:c77NII1:!Y'f)N''::,'1:' i.iiiiioQuE,..--_d0PiTii°111 CITY COUNCIL, A;0D);ITY,,;'67.,:,17 SECTION MAY- ORCI T',11:6"NOW,o-° 30T: ull 1 x imE gRAIESLYR.e°cRtEo 'n PROB1 CITYir IT ORDAINED OF F 4 DUBUQUE'73YF THE 6TrD' c e-Ei eight Al -1S3l amb. emdmi" Term: Tem: eac lot Mayor The misufoye): fobi n°Ts_ retC1 oetihr:oaemsfpe.wmrdrN Mayor , term shalle: CitynooTydffoeeMramended Ordi- nancesbt0yi Prooen1. , or Pro ,„ aatsB. Designation 01 Mayorthaer Pro Tem: Coun- cil order: 1) bsecrveelecatsedkitoaytowro (2) member. CotIncil member; 3) cyearoudnf term;°cliil °W112gT)s Thereafter, ler dsaefttrwev reo, four Council members shall large council mepmro- Tern in the following 3. Ward three Council Member; 4. At large Council member with two (2) years of term remain- ing; 5. Ward two Council member; 6. Ward four Council member. . C. Vacancy: In the event of a vacancy in the office of a Council member while,' such Council member is serving as Mayor Pro Tem, the person ap- pointed or >elected to fill such vacancy shall serve the remainder -of the term of Mayor Pro Tem D. Absence of Mayor and Mayor Pro Tem: 'When the Mayor and the Mayor Pro Tem are absent or unable to act, the Council mem- bers, in the fellowing order of succession shall perform the May- or'SdutieS: Council member at large who has served the longer consecutive ' term in Office; then Council member at large who has served the- shorter consecu- tive term in office; in the eVent their terms are the same, then in alphabetical order. 2: Ward Council mem- ber Who has served the longest consecutive term in office; then ward Council member who has served the next longest consecu- five, term in office, and so on;'in'the event that the consecutive terms of Council members in such order are the same, then in alphabet- ical order. Section 2. This ordi- nance shall take effect upon publication. licaapproved,tion.and adopted this 2nd day of July, 2018: /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published 'officially in the Telegraph Herald newspaper on the 6th day of July, 2018. /s/Kevin S. Firnstahl, City Clerk 1t716