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
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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.
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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
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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
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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
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