Code of ConductCity of Dubuque
City Council Meeting
Action Items # 3.
Copyrighted
June 21, 2021
ITEM TITLE: Code of Conduct
SUMMARY: City Attorney recommending the City Council pass a resolution adopting
the Code of Conduct.
RESOLUTION Adopting a City Council Code of Conduct
SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description Type
Staff Memo Staff Memo
Resolution Resolutions
THE COF
DtUB E
Masterpiece on the Mississippi
CRENNA M. BRUMWELL, ESQ.
CITY ATTORNEY
To: Mayor Roy D. Buol
and Members of the City Council
DATE: June 17, 2021
RE: Code of Conduct
Dubuque
All -America City
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1',I L Ai �®il
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2007-2012.2013
2017*2019
The City Council made adopting a Code of Conduct for the Mayor and City Council a high
priority during its 2020 Goal Setting Session. A significant amount of research went into
developing a draft for Council consideration. The City Council has been involved in
development and review of the Code of Conduct. Attached is a resolution adopting the
Code of Conduct with the Code of Conduct included. The resolution makes the Code of
Conduct effective immediately upon passage.
cc: Michael C. Van Milligen, City Manager
Adrienne N. Breitfelder, City Clerk
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 589-4381 / FAX (563) 583-1040 / EMAIL cbrumwel@cityofdubuque.org
Prepared by Crenna Brumwell, Esq., 300 Main St., Ste. 330, Dubuque IA 52001-6944, (563) 583-4113
Return to Adrienne N. Breitfelder, City Clerk, 50 W. 13'h St., Dubuque, IA 52001, (563) 589-4120
RESOLUTION NO.221-21
ADOPTING A CITY COUNCIL CODE OF CONDUCT
WHEREAS, the City Council made adopting a Code of Conduct for the Mayor and
City Council a high priority during its 2020 Goal Setting Session; and
WHEREAS, the City Council has been involved in development and review of the
attached Code of Conduct; and
WHEREAS, the City Council believes it is in the best interest of the City of Dubuque
and the City Council to have a formal set of rules guiding the City Council in its actions.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council hereby adopts the attached Code of Conduct.
Section 2. The Code of Conduct is effective immediately.
Passed, approved and adopted this 21st day of June, 2021.
Dann C. prank, Mayor Pro Tem
Attest:
OIL"
Adrienne N. Breitfeldeer,GGCity Clerk
Exhibit A
City of Dubuque
CODE OF CONDUCT
FOR CITY COUNCIL
Adopted: , 2021June 21
INTRODUCTION
This Code of Conduct is designed to describe the way Council Members should treat one
another, City staff, constituents, and others they encounter in representing the City of
Dubuque. As elected representatives of the citizens of the City of Dubuque, it is essential
that each Council Member's behavior be consistent with the level of responsibilities and
duties of governance entrusted to them by the people of the City of Dubuque.
The constant and consistent theme throughout of the Code of Conduct is "respect."
Council Members experience tremendous stress in making decisions that could impact
thousands of lives. Despite these pressures, elected officials are called upon to always
exhibit appropriate behavior. Demonstrating respect for everyone through words and
actions is the touchstone that can help guide Council Members to do the right thing in
even the most difficult situations. Such respect is the cornerstone of civility.
The overall principles and guidelines contained in this Code of Conduct also describe the
way the City Manager, City Clerk, City Attorney, and members of boards and
commissions are expected to treat one another, City staff, and all others they encounter
in representing the City of Dubuque.
This Code of Conduct is in addition to the roles, responsibilities, procedures, and
requirements contained within the Iowa Code and the City of Dubuque Code of
Ordinances.
The City Council shall review this Code of Conduct on an annual basis to determine if
revisions are necessary. If no revisions are necessary, the City Council shall affirm its
dedication to the principles contained herein.
OVERVIEW OF ROLES AND RESPONSIBILITIES
MAYOR
The Mayor serves as the official spokesperson for the City, presides at City Council
meetings, sets the City Council agenda with staff, signs documents, assists the City
Council in setting goals and advocating policy decisions, and serves as official delegate
to the United States Conference of Mayors, National League of Cities, and Iowa League
of Cities. The Mayor coordinates directly with City Clerk, City Attorney and City Manager.
MAYOR PRO TEM
The Mayor Pro Tern serves a term of eight (8) months and performs the duties of the
Mayor if the Mayor is unable to do so (i.e., chairs City Council meetings, represents the
City at ceremonial functions, etc.).
Council Members shall serve as Mayor Pro Tem as provided in City of Dubuque Code of
Ordinances Section 1-6-3.
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.
When neither the Mayor nor the Mayor Pro Tem are available, or are unable to act, the
Council Members in the following order of succession shall serve as temporary chair
performing the Mayor's duties:
• Council Member at large who has served the longer consecutive term in office;
• Ward Council Member who has served the next longest consecutive term in office,
and so on.
If the consecutive terms of ward Council Members in such order are the same, then in
alphabetical order.
VOTING BY MAYOR, MAYOR PRO TEM, AND COUNCIL MEMBERS
All members of the City Council, including those serving as Mayor and Mayor Pro Tem
have equal votes.
All Council Members must:
• Demonstrate honesty, integrity, and civility in every action and statement.
• Fully participate in City Council meetings and other public forums while
demonstrating respect, kindness, consideration, and courtesy to others.
• Prepare in advance of Council meetings and be familiarwith issues on the agenda.
• Make a reasonable effort to address questions with the City Manager before
meetings to receive answers to questions regarding the agenda.
• Be respectful of other people's time. Stay focused and act efficiently during public
meetings.
• Serve as a model of leadership and civility to the community.
• Inspire public confidence in Dubuque City government.
• Provide contact information to the City Manager's staff in case an emergency or
urgent situation arises while the Council Member is out of town.
• Participate in scheduled activities to increase team effectiveness.
• Act in such a way to legally protect the City as an organization.
MEETING CHAIR
The Mayor will chair official meetings of the City Council unless the Mayor Pro Tem or
another Council Member is designated as Chair of a specific meeting.
The Chair of meetings:
• Maintains order, decorum, and the fair and equitable treatment of all speakers.
• Keeps discussion and questions focused on the specific agenda item under
consideration.
• Makes parliamentary rulings with advice, if requested, from the City Attorney who
acts as an advisory parliamentarian. Chair rulings may be overturned if a Council
Member makes a motion as an individual and the majority of Council votes to
overrule the Chair.
POLICIES AND PROTOCOL RELATED TO CONDUCT
AGENDA ITEMS
The City Clerk, City Attorney, and City Manager jointly, with the approval of the Mayor,
shall determine agenda items for City Council meetings.
Council Members may request in writing to the Mayor that an item be placed on a future
agenda with an explanation for the request. Prior to a directive being issued to City staff
for research on a potential agenda item, the Mayor will, at a future meeting, introduce the
request and explanation for the request to determine if there is Council "consensus"
(majority) for the item to be placed on a future agenda.
CEREMONIAL EVENTS
City staff will handle requests for a City representative at ceremonial events. The Mayor
will serve as the designated City representative. If the Mayor is unavailable, then City
staff will determine if event organizers would like another representative from the City
Council. If yes, then the Mayor Pro Tern will be asked to serve as a substitute; if the
Mayor Pro Tern is unavailable, the request will go to Council Members in the order of their
seniority. Invitations received at City Hall are presumed to be for official City
representation. Invitations addressed to individual Council Members at their homes are
presumed to be for unofficial, personal consideration, unless otherwise indicated, and
Council Members are expected to represent the City of Dubuque in a formal capacity.
ENDORSEMENT OF CANDIDATES
Council Members have the right to endorse candidates for all City Council seats or other
elected offices in their personal capacities. It is inappropriate to mention personal
endorsements during City Council meetings or other official City meetings. It is prohibited
for Council Members to endorse candidates for City Council seats or other elected offices
in their official capacities.
USE OF CITY PROPERTY AND RESOURCES
Council Members may not use, or permit others to use, any City funds, property, or
personnel for profit or for personal convenience or benefit, except:
a. When available to the public generally, or to a class of residents, on the same
terms and conditions;
b. When permitted by policies approved by the local legislative body; or
c. When, in the conduct of official business, used in a minor way for personal
convenience.
LEGISLATIVE PROCESS
The City Council follows parliamentary procedure for the management of meetings. The
City Attorney shall act as the City Council's parliamentarian using Robert's Rules of Order
as a guideline.
PUBLIC COMMENT ON AGENDA AND NON -AGENDA ITEMS
During a designated period of the agenda, the public may comment on any item of interest
that is within the subject matter jurisdiction of the City Council. Generally, a speaker will
be limited to five (5) minutes. The total time available for public comment shall be thirty
(30) minutes.
The Council may not act on or discuss any item that does not appear on the City Council
meeting agenda.
PUBLIC INQUIRIES
The City Council routinely receives inquiries from the public, mainly through the City
website. The City Council will require certain fields of information be provided in order to
submit a request via the City website, understanding that some information may be
redacted in accordance with the provisions of Iowa Code §22.7 upon submission of an
open records request. The City Manager shall see that a person submitting an inquiry
receives a response. This does not preclude a Council Member from also responding to
a citizen inquiry.
Requests from the public to create a new ordinance, or to amend an existing ordinance,
shall be submitted in writing to the City Clerk.
City staff will prepare official letters in response to public inquiries and concerns, as
appropriate. These letters will carry the signature of the Mayor unless the Mayor requests
the City Manager sign the letters.
If correspondence is addressed only to one Council Member, that Council Member should
generally check with the City Manager, City Attorney, or City Clerk on the best way to
respond to the sender. In the event a Council Member, as an elected representative,
feels compelled to express an opinion on a matter, it shall be with the express
understanding and stated as such, that it is the Council Member's personal opinion and
does not in any way represent the position of the City Council. Nor under any
circumstances, should a Council Member state or attempt to represent the position of the
City Council or of another Council Member.
Council Members may receive public inquiries via email and may choose to respond
directly via email. All such correspondence is considered a public record and should be
treated as such. As with official letter responses to public inquiries, if a Council Member
feels compelled to express an opinion on a matter, it shall be with the express
understanding, and stated as such, that it is the Council Member's personal opinion and
does not in any way represent the position of the City Council.
PUBLIC HEARING MEETING PROTOCOL
The applicant or appellant shall have the right to speak first after staff presentation
regarding the item being appealed.
The Chair will determine the length of time allowed for the applicant or appellant.
Speakers representing either pro or con points of view will be allowed to follow the
applicant or appellant.
The Chair will determine and announce limits on speakers at the beginning of the public
hearing process. Generally, each speaker will be allocated five (5) minutes but applicants
and appellants, or their designed representatives, may be allowed additional time. If
many speakers are anticipated, the Chair may shorten the time limit and/or ask speakers
to limit themselves to new information and points of view not already covered by previous
speakers. No speaker will be turned away unless he/she exhibits inappropriate behavior.
Each speaker may only speak once during the public hearing unless the City Council
requests additional clarification later in the process. After the close of the public hearing,
no more public testimony will be accepted unless the Chair reopens the public hearing
for a limited and specific purpose.
The applicant or appellant will be allowed to make closing comments.
The Chair has the responsibility to run an efficient public meeting and has the discretion
to modify the public hearing process to make the meeting run smoothly and/or
accommodate extenuating circumstances.
Established protocol dictates that Council Members do not express opinions during the
public hearing portion of the meeting except to ask pertinent questions of the speaker or
staff. To maintain proper public decorum, it is important that Council Members refrain
from arguing or debating with the public during a public hearing and always show respect
for different points of view.
Main motions may be followed by amendments, followed by substitute motions. Any
Council Member may call for a point of order. Only Council Members who voted on the
prevailing side may make motions to reconsider. Council Members who desire to make
the first motion on issues that they feel strongly about should discuss their intentions with
the Chair in advance of the City Council meeting.
CITY COUNCIL CONDUCT WITH ONE ANOTHER
City councils comprise individuals with a wide variety of backgrounds, education,
personalities, values, opinions, and goals. Despite this diversity, all City Council
members have chosen to serve in public office to preserve and protect the present and
the future of the community. In all cases, this common goal respectfully acknowledges
this potential diversity of opinion and viewpoint even as Council Members may "agree to
disagree" on contentious issues.
IN PUBLIC MEETINGS
During public meetings, Council Members should:
• Use formal titles.
Council Members should generally refer to one another formally during public
meetings as Mayor, Mayor Pro Tem, Council Member followed by the individual
last name, or the Member's preferred title (Mr., Mrs., Ms., Miss, etc.) followed by
the individual's last name.
• Practice civility and decorum in discussions and debate.
Difficult questions, tough challenges to a particular point of view, and criticism of
ideas and information are legitimate elements of a free democracy in action. This
does not, however, grant the right for Council Members to make belligerent,
personal, impertinent, slanderous, threatening, abusive, or disparaging comments.
No shouting or physical actions that could be construed as threatening and
otherwise disruptive will be tolerated. Disruptive behavior, at the direction of the
Council, can result in expulsion from the proceedings.
• Honor the role of the Chair in maintaining order.
It is the responsibility of the Chair to keep the comments of Council Members on
track during public meetings.
Council Members should honor efforts by the Chair to focus discussion on current
agenda Items. If there is a disagreement about the agenda or the Chair's actions,
those objections should be voiced politely and with reason, following parliamentary
procedures. Differences of opinion of what constitutes appropriate versus
inappropriate shall be resolved by consensus of the full Council at an appropriate
time.
• Avoid personal comments that may offend other Council Members.
If a Council Member is personally offended by the remarks of another Council
Member, the offended Council Member should make notes of the actual words
used and call for a "point of personal privilege" that challenges the other Council
Member to justify or apologize for the language used. The Chair will maintain
control of the discussion.
• Demonstrate effective problem -solving approaches.
Council Members have a public stage to show how individuals with different points
of view can find common ground and seek a compromise that benefits the
community.
• Refrain from sidebar conversations with other members of the Council, staff, or
board/commission members.
• Attain efficiency by simply stating "I agree", rather than restating a point.
• Feel comfortable communicating the reasoning for their voting decision. After the
decision has been made, Council Members should acknowledge and accept the
body's decision and move forward.
• Vote on all matters before the City Council unless a conflict of interest exists. In
the event a conflict of interest is present, a City Council member should announce
the conflict and abstain from voting.
• Avoid ex parte communication with other members of the body or members of the
public on matters on the agenda, with exceptions for emergencies.
• Avoid the use of electronic devices and phones during meetings.
• Focus attention on the speaker presenting to the body.
IN CLOSED SESSION
The same rules of conduct and civility shall apply in a closed session, just as they would
in a regular open meeting of the City Council.
Council Members will receive information that is confidential in closed session or through
written communication. Disclosure of confidential information to individuals outside of
City Council members, City staff, or other City representatives may be a violation of the
attorney -client or other legal privileges. The privileges are held by the City Council as a
whole. Only the City Council acting as a full body can waive privileges. It is a breach of
these protocols and a violation of their fiduciary duty for an individual Council Member to
provide confidential or privileged information to a third party prior to final action by the City
Council on an item in open session. This protocol shall not be construed as prohibiting
the City Manager or the City Attorney from distributing confidential information to other
City staff to the extent reasonably necessary to implement Council direction or fulfill their
responsibilities to the organization. Any staff member receiving such information is also
subject to the privilege and may not waive the privilege.
No recordings shall be made by a Council Member during closed session. The only
recording shall be the recording by the City Clerk required by law.
Council Members may not use confidential information obtained formally or informally as
part of their work for the City for personal benefit or make such information available in a
manner where it would be reasonably foreseeable that the Council Member would benefit
from it.
Final action by any governmental body on matters discussed in closed session will be
taken in an open session unless prohibited by Iowa Code. Council Members may speak
publicly on an item that previously appeared in closed session, only after the body has
taken final action in a public session of the body on the item and the comments must be
limited to the publicly available information.
IN PRIVATE ENCOUNTERS
In private encounters, Council Members should:
Continue respectful behavior.
The same level of respect and consideration in differing points of view that is
deemed appropriate for public discussions should be maintained in private
conversations.
Be aware that the insecurity of written notes, voicemail messages, email, and
social media and platforms allow words written or said without much forethought
to be distributed wide and far. It could create unpleasant consequences and cause
embarrassment. Written notes, voicemail messages, email, and social media
platforms should be treated as potentially "public" communication and part of the
public record.
• Be aware that private conversations can have a public presence.
Elected officials are always on display - their actions, mannerisms, and language
are monitored by people around them that they may not know. Conversations
occurring at lunch with friends will be eavesdropped upon, parking lot exchanges
and debates will be watched, and casual comments between individuals before
and after public meetings noted.
Council Members must always behave in a manner reflective of the trust placed in
them by the public.
COUNCIL CONDUCT WITH CITY STAFF
Every effort should be made to be cooperative and show mutual respect for the
contributions made by everyone for the good of the community. The City of Dubuque is
governed by the council -manager -ward form of government in Iowa Code §372.6.
The City Council makes policies and fundamental governmental decisions; the City
Manager is charged with implementing those policies and decisions and administering
the day-to-day affairs of the City with the assistance of the City Manager's staff.
The City Council has direct authority over the City Manager, the City Clerk, and the City
Attorney; all other employees of the City are under the direct authority of the City
Manager.
Following this hierarchy is important to the success of the basic structure and to
maintaining positive and effective working relationships between the City Council and
employees and will prevent any confusion and/or inefficiency associated with potentially
contradictory direction.
City Council members should:
• Treat all staff as professionals.
Clear, honest communication that respects the abilities, experience, and dignity of
everyone is expected. Poor behavior toward staff is improper, disrespectful, and,
as such, inappropriate and unacceptable.
• Limit contact to specific City staff.
Questions of City staff and/or requests for additional information or services should
be directed only to the City Manager. If, in the opinion of the City Manager, the
request makes sense and requires little staff time and/or resources, the City
Manager can direct the appropriate department to fulfill the request.
• Not disrupt City staff from their jobs.
To maintain efficiency in daily activities, it is important that Council Members not
disrupt City staff while they are in meetings, on the telephone, or engaged in
performing their job functions to have their individual needs met.
• Respect City staff time.
Given ongoing fiscal constraints and limited staff and City Council time, individual
Council Members should minimize memos and maximize face-to-face interaction
with other Council Members or staff.
In this respect, individual Council Members should schedule meetings with their
counterparts or the City Manager depending on the issue to be discussed. As a
matter of courtesy and mutual respect, Council Members and staff should keep
their scheduled meetings or call in advance to cancel or reschedule. Council
Members should also remain cognizant of open meeting legal requirements.
go]
• Request information
All Council Members will receive the same material and information to make
legislative and other policy decisions and all requests for information should be
made to the City Manager to ensure consistency.
If a Council Member requests research on an issue, the City Manager shall provide
such research if it does not require extensive time or effort. The City Manager
shall determine if the research is "extensive" or not. If the issue is complex and
requires extensive staff time, the request must be approved by the City Council.
If a Council Member needs to review a document maintained in the City's records
system, upon request to the City Manager, City staff will retrieve the requested
document. The City Manager is legally responsible for the management and
retention of City records, and only City staff is authorized to retrieve information
from the records system.
Because of the associated costs, individual Council Members shall not make direct
contact to City or Agency consultants or outside legal counsel requesting
information, research, or service. Any request should be directed to the City
Manager.
Confidential private financial statements are not provided to individual Council
Members or the City Council without the concurrence of the City Attorney.
• Never publicly criticize an individual employee.
Council Members should never express concerns about the performance of a City
employee in public, to the employee directly, or to the employee's manager.
Comments about staff performance should only be made to the City Manager
through private correspondence or conversation.
• Not get involved in administrative functions.
To prevent raising concerns of misdeeds, or questionable motives, Council
Members must not attempt to influence City staff on the making of appointments,
awarding of contracts, selection of consultants, processing of development
applications, or granting of City licenses and permits.
• Check with City staff on correspondence before acting.
To prevent conflicting statements or duplications, the Mayor, through consultation
with the City Manager, should respond to communications addressed to the entire
City Council. When it is unclear whether some correspondence is to an individual
Council Member or the City Council as a whole, Council Members should consult
with the Mayor or City Manager to determine the appropriate response.
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• Council Members are discouraged from representing a viewpoint when attending
public meetings with City staff unless requested by the City Manager.
Council Members correctly feel their presence at public meetings demonstrates an
interest in the issue. However, such presence may also leave the public with an
impression of the Council Member's position on the issue that may or may not be
the position of the Council Members or the City Council.
Even if the Council Member does not comment at the public meeting, the Council
Member's presence may impact the meeting by implying support, showing
partiality, intimidating staff, and hampering City staffs ability to do their job
objectively. This possible impact should be avoided because when the item does
come before the City Council, Council Members' deliberative process may have
produced a different outcome, which may be viewed as the Council Member
misleading the public.
Staff will always provide the public with this explanation of why the City Council is
not present at the meeting.
• Request additional staff support.
Requests for additional staff support, even in high priority or emergency situations,
should be made to the City Manager or Assistant City Manager, City Attorney, or
City Clerk, depending on who is responsible for allocating City resources for the
situation to maintain a professional, well -run City government.
• Not solicit political support from staff.
Council Members should not solicit any type of political support (financial
contributions, display of posters or lawn signs, name on support lists, etc.) from
City staff. City staff may, as private citizens with constitutional rights, support
political candidates, but all such activities must be conducted away from the
workplace.
• Critical comments about staff shall only be made to the City Manager and only
through correspondence or conversation outside a public setting.
• Council members shall follow proper procedures to request information and submit
requests. Proxies shall not be used to avoid following proper procedures.
COUNCIL CONDUCT WITH THE PUBLIC
IN PUBLIC MEETINGS
Making the public feel welcome is an important part of the democratic process. No signs
W
of partiality, prejudice, or disrespect should be evident on the part of individual Council
Members toward an individual participating in a public forum. Every effort should be made
to be fair and impartial in listening to public comments.
Council Members should:
• Be welcoming to speakers and treat them with care and respect.
Remember that most people who address the City Council are not professional
speakers and are not accustomed to speaking in public and even those that are
may be intimidated by the situation.
• Be fair and equitable in allocating public hearing time to individual speakers.
Public hearings provide the opportunity for the public to provide comment and
feedback to the City Council on issues that are of importance to them and
sometimes these comments can cause the meeting to go much longer than
anticipated. However, each member of the public who wishes to speak should be
given equal consideration and attention and not rushed, but each speaker is
expected to stay within the allocated time.
• Actively listen.
Listening is a critically important skill. In the interest of courtesy and decorum,
Council Members should listen patiently to various opinions from all quarters.
It can be disconcerting to speakers to have Council Members not look at them
when they are speaking. It is fine to look down at documents or to make notes but
reading for a long period of time or gazing around the room gives the appearance
of disinterest and may unintentionally offend the speaker.
As a public official it is also important to be aware of facial expressions, especially
those that could be interpreted as "smirking", disbelief, anger, or boredom.
• Ask for clarification but avoid debate and argument with the public.
Only the Chair - not individual Council Members - can interrupt a speaker during a
presentation. However, a Council Member can ask the Chair for a point of order if
the speaker is off topic or exhibiting behavior or language the Council Member
finds inappropriate.
If speakers become flustered or defensive by Council Member questions, it is the
responsibility of the Chair to calm and focus the speaker and to maintain the order
and decorum of the meeting.
Questions by Council Members to members of the public speaking should seek to
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clarify or expand information. It is never appropriate for elected officials to
challenge or belittle a speaker. Council Members' personal opinions or inclinations
about upcoming votes should not be revealed until after the public hearing is
closed.
• Not communicate electronically with citizens about agenda items during a meeting.
• Not engage in personal attacks of any kind under any circumstance.
Council Members should be aware that their body language and tone of voice may
appear to be intimidating or aggressive to some speakers.
• Follow adopted parliamentary procedure in conducting public meetings.
The City Attorney serves as parliamentarian for the City and is available to answer
questions or interpret situations according to parliamentary procedures. Final
rulings on parliamentary procedure are made by the Chair, subject to an appeal by
the full City Council.
IN UNOFFICIAL SETTINGS
Council members should:
• Make no promises on behalf of the City Council.
No individual Council Member has the authority to represent or make commitments
on behalf of the City Council unless such person has explicitly been authorized by
the respective body.
Council Members will frequently be asked to explain a City Council action or to
give their opinion about an issue as they meet and talk with constituents in the
community. It is appropriate to give a brief overview of City policy and to refer to
City staff for further information.
It is inappropriate to promise City Council action overtly or implicitly or to promise
City staff will do something specific (fix a pothole, remove a street tree, plant new
flowers in the median, etc.).
• Make no personal comments about other Council Members.
It is acceptable to publicly disagree about an issue, but it is unacceptable to make
derogatory comments about other Council Members, their opinions, and actions.
Doing so may undermine confidence in and respect for the City Council as a body.
Remember that the City of Dubuque is a small town at heart. Council Members
are constantly being observed by the community every day that they serve in
office. The behaviors demonstrated, and comments made serve as models for
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proper deportment in the City. Honesty and respect for the dignity of everyone
should be reflected in the words and actions taken by Council Members. It is a
serious and continuous responsibility.
• Communicate the decisions of Council.
Accurately communicate the majority decisions of the City Council even if you
personally disagree with the decision. Acknowledging and accepting the decisions
of the body affirms the respect and integrity of the decision -making process.
COUNCIL APPOINTMENTS AS COUNCIL REPRESENTATIVE
When appointed to a board, committee, or commission on behalf of the City attendance
at meetings is expected. If attendance is an issue due to the timing of the meetings this
shall be discussed with the Mayor to explore an opportunity to appoint a different member
to the board to properly represent the City with said organization. Examples: Dubuque
Racing Association, Dubuque Chamber of Commerce, Greater Dubuque Development
Corporation, Dubuque Main Street.
COUNCIL CONDUCT WITH OTHER PUBLIC AGENCIES
Council Members should:
Be clear about representing the City versus personal interests
If a Council Member appears before another governmental agency or organization
to give a statement on an issue, the Council Member must clearly state if the
Council Member's statement reflects the Council Member's personal opinion or the
official position of the City Council and whether it is the majority or minority position
of the City Council. If the Council Member is representing the City, the Council
Member must support and advocate the official City position on an issue, not a
personal position. If the Council Member is representing another organization
whose position is different from the position of the City, the Council Member should
withdraw from voting on the issue if it significantly impacts or is detrimental to the
City's interests.
Council Members should be clear about which organizations they represent and
inform the Mayor and Council of their involvement.
• Be clear in correspondence about representation.
City letterhead may be used when the Council Member is representing the City
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and the City's official position. A copy of the correspondence should be given to
the City Clerk to be filed as part of the permanent public record.
City letterhead shall not be used for correspondence of Council Members
representing a personal point of view or a dissenting point of view from an official
City Council position.
COUNCIL MEMBER CONDUCT WITH
COMMISSIONS, COMMITTEES, AND BOARDS
The City has established commissions, committees, and boards as a means of gathering
more community input. Citizens who serve as such commissions, committees, and
boards become more involved in government and serve as advisors to the City Council.
They are a valuable resource to the City's leadership and should be treated with
appreciation and respect.
Council Members should:
If attending a commission, committee, or board meeting, be careful to primarily
listen and only express the Council Member's own opinions, unless officially
representing the Council at the meeting for a specific purpose which has been
previously decided by the Council as a body.
Council Members may attend any commission, committee, or board meeting,
which are always open to any member of the public. However, Council Members
should be sensitive to the way their participation, especially if it is on behalf of an
individual, business, or developer, could be viewed as unfairly affecting the
process.
Any public comments by a Council Member at a commission, committee, or board
meeting should be clearly made as the Council Member's own opinion and not a
representation of the position of the City Council.
Limit contact with commission, committee, or board members to questions of
clarification.
It is inappropriate for a Council Member to contact a commission, committee, or
board member to lobby on behalf of an individual, business, or developer. It is
acceptable for Council Members to contact commission, committee, or board
members to clarify a position taken by the commission, committee, or board.
• Remember that commissions, committees, and boards serve the community, not
individual Council Members.
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The City Council appoints individuals to serve on commissions, committees, and
boards and it is the responsibility of these groups to follow policy established by
the City Council.
Commission, committee, and board members do not report to individual Council
Members, nor should Council Members feel they have the power or right to
threaten members with removal if they disagree with them about an issue.
Appointment and reappointment to a commission, committee, or board is governed
by the Code of Ordinances and should be based on such criteria as expertise,
ability to work with staff and the public, commitment to the community, and to
fulfilling official duties.
• Be respectful of diverse opinions.
A primary role of commissions, committees, and boards is to represent many
points of view in the community and to provide the City Council with advice based
on a full spectrum of concerns and perspectives.
Council Members may have a closer working relationship with some individuals
serving on commissions, committees, and boards, but Council Members must be
fair and respectful of all citizens serving on commissions, committees, and boards.
• Keep political support away from public forums.
Commission, committee, and board members may offer political support to a
Council Member, but not in a public forum while conducting official duties.
Conversely, Council Members may support commission, committee, or board
members who are running for office, but not in an official forum in their capacity as
a Council Member.
COUNCIL CONDUCT WITH THE MEDIA
Council Members are frequently contacted by the media for background and quotes.
Advice for Council Members dealing with the media:
• Never go 'off the record".
Most members of the media represent the highest levels of journalistic integrity
and ethics and can be trusted to keep their word. But one bad experience can be
catastrophic. Words that are not said cannot be quoted.
• Avoid saying "no comment".
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This statement can easily be misconstrued. If a Council Member does not have
the information available, it is best to say so and let the media know when the
information will be available, that information is still being gathered, and then make
certain to ensure there is follow through to provide further response to the
individual. Follow through can be, but is not limited to, a referral to a designated
point person for a particular matter.
• Don't be afraid to say, "I don't know".
If a Council Member does not know the answer to a question, it is best to just say
so, then find out. It is helpful to ask the media for their deadline and then get back
to them on time.
• Don't speculate; avoid hypothetical questions.
• Be positive, not defensive.
• Think twice, speak once. Choose words carefully and cautiously.
• Don't fill the silence.
Silence can be a tool used by the media to keep a Council Member talking in hopes
of obtaining more information. The only thing that should be said to fill a silence is
the Council Member's own prepared key message(s).
• Don't lose your composure.
A Council Member may win the battle but will always lose the war.
• Don't argue with the media.
Arguing with the media is a no -win situation. A Council Member who is calm in
temperament will sound like a sensible adult, and a good image to convey. Keep
in mind that editing has final control, and an argument may be the only thing shown
on the evening news.
• Never lie.
It is better not to express an opinion than to fabricate a response that may not be
entirely factual and would tend to mislead the press.
• Inform the City Manager or Public Information Officer if you are misquoted in a
news story or by the media, as there may be an opportunity to request a correction
or clarification.
• Providing comment and opinion to the media on matters of public concern or that
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will come before the body in an upcoming public meeting outside of a public
meeting is acceptable as the information will be distributed to the public as a result
of the conversation."
*One caveat to this is zoning matters. When contacted by the media on a zoning
matter, Council Members should review the legal parameters associated with the
specific type of rezoning requested. A discussion with the City Attorney is advised
as a precaution.
COUNCIL CONDUCT WITH LEGISLATORS
Council Members should rely on the City's Legislative Priorities when communicating with
legislators. When issues come up during legislative session beyond the City's Legislative
Priorities, the City Manager will be the coordinator of information on the particular issue
to be provided for City Council use.
SANCTIONS
PUBLIC DISRUPTION
Members of the public who do not follow proper conduct after a warning in a public hearing
may be barred from further speaking at that meeting or removed from the City Council
Chambers.
INAPPROPRIATE STAFF BEHAVIOR
City staff members who do not follow proper conduct in their dealings with Council
Members, other City staff, or the public will be referred to the City Manager. Employees
may be disciplined by the City Manager in accordance with City policies and procedures.
COUNCIL MEMBERS BEHAVIOR AND CONDUCT
City Council Members who intentionally and repeatedly do not follow proper conduct as
outlined in this Code of Conduct may be reprimanded or formally censured by the City
Council, lose seniority or committee assignments (both within the City or with
intergovernmental agencies), or have official travel restricted. Serious infractions of this
Code of Conduct could lead to other sanctions as deemed appropriate by the City Council.
It is the responsibility of the individual Council Member to initiate action if a Council
Member's behavior may warrant sanctions. The alleged violation(s) may be presented to
the full City Council in a public meeting. The City Council may issue public censure should
a Council Member be found in violation of this Code of Conduct. If a violation of this Code
of Conduct is outside of the behaviors observed by the City Council, then subsequent
investigation and potential sanctions may be reviewed and approved by the City Council.
IN
City Council Members who are alleged to be in violation of Iowa law or guidelines may be
referred to the appropriate agencies. The applicable state code sections include:
66.1 A Removal by court.
Any appointive or elective officer, except such as may be removed only by
impeachment, holding any public office in the state or in any division or municipality
thereof, may be removed from office by the district court for any of the following
reasons:
1. For willful or habitual neglect or refusal to perform the duties of the office.
2. For willful misconduct or maladministration in office.
3. For corruption.
4. For extortion.
5. Upon conviction of a felony.
6. For intoxication, or upon conviction of being intoxicated.
7. Upon conviction of violating the provisions of chapter 68A.
66.2 Jurisdiction.
The jurisdiction of the proceeding provided for in this chapter shall be as follows:
1. As to state officers whose offices are located at the seat of government,
the district court of Polk county.
2. As to state officers whose duties are confined to a district within the
state, the district court of any county within such district.
3. As to county, municipal, or other officers, the district court of the county
in which such officers' duties are to be performed.
66.3 Who may file petition.
The petition for removal may be filed:
1. By the attorney general in all cases.
2. As to state officers, by not fewer than twenty-five electors of the state.
3. As to any other officer, by five registered voters of the district, county, or
municipality where the duties of the office are to be performed.
4. As to district officers, by the county attorney of any county in the district.
5. As to all county and municipal officers, by the county attorney of the
county where the duties of the office are to be performed.
SOCIAL MEDIA GUIDANCE
Understanding Council Members may opt to manage multiple social media accounts, this
information is intended to provide guidance.
Council Members have options related to social media platforms. They include:
Avoiding social media.
o No legal risk.
o Limits forms of communication to and from the public.
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o Limits information sharing opportunities with constituents.
Information —only site.
o Limits the risks of First Amendment violations.
o Loss of interaction with citizens.
Fully interactive social media platform presence.
o Maximizes benefits of social media.
o Be prepared for First Amendment disputes.
Council Members may maintain the following pages or accounts:
• Personal
• Official Council Person Page/Account
• Campaign Page/Account
Council Members should clearly distinguish private social media accounts by adding
disclaimers on election and personal accounts, and not using the account for City
business. Official Council Member pages/accounts may not be used for campaign -
related purposes.
Social media should not be used to conduct official City business other than to informally
communicate with the public. Polls on issues should be avoided as it may lead to
publicizing a Council Member's position on an issue outside of a public meeting.
Examples of business that may not be conducted through social media are:
• policy decisions
• official public notices
• discussing items of legal, governmental, or fiscal significance that have not
previously been released to the public through official channels like the City's
website or Council meetings.
Stick with helpful but non -controversial posts.
Official Council Member pages are public forums and must follow the requirements of the
First Amendment. Deleting or suppressing comments or blocking users from social media
platforms on the basis of viewpoint is unconstitutional. Content which is outside the
regulation of the First Amendment (obscenity, true threats, abusive and harassing
speech) may be restricted, but should be done with caution and in consultation with the
City Attorney. Reasonable limitations may be placed on the number of times specific
users may comment or post to ensure the discussion remains engaging, informative, and
productive. A limit should be set in discussions with the City Attorney. Advertising and
solicitations may be restricted. Due process is required if a user will be limited in relation
to a Council Member's official social media platform and should be addressed through
the City Attorney.
The content and tenor of all social media communications should model the same
professional behavior required by this Code of Conduct.
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Posts by Council Members regarding quasi-judicial issues, where the City Council acts in
a manner similar to a court, are prohibited. Example: zoning applications.
Council Members' social media sites should contain links directing users back to the City's
official website for in-depth information, forms, documents, or online services.
When Council Members use social media to comment on a City issue, Council Members
should add value to the conversation by staying focused on the issue. They should not
post comments amounting to name-calling or ridiculing of colleagues, staff, or residents.
Communications posted by Council Members should include the following disclaimers:
"The views expressed here do not represent those of the City Council or the City
of Dubuque but my views as an individual. Responses by other Council Members
may be limited as state law prohibits discussion of City business outside open
public meetings; comments posted in response to Council Member
communications may be subject to disclosure under the open records laws."
To demonstrate openness and a willingness to listen to the entire community, Council
Member posts on social media sites should be made through a public -facing page or by
marking individual posts as available to the public as a whole. Council Members must
refrain from using official Council Member pages or accounts to participate or comment
within closed groups or on private pages/accounts. Back and forth communications
among Council Members on social media platforms should be avoided because such
communications may constitute serial meetings in violation of the open meetings law.
Refraining from commenting on other Council Members' social media posts will help to
avoid such violations. Social media content related to the conduct of government
business or the performance of any governmental or proprietary function is subject to
disclosure as required by open records laws and records retention requirements.
Council Members may be called upon to produce social media content in response to
public records requests. All social media content with retention value must be maintained
for the required retention period on a City server in an easily accessible format that
preserves the integrity of the original record to the extent possible. Council Member
postings to social media sites must be retained by the posting Council Member. Printing
electronic records does not satisfy retention requirements. Social media postings should
be captured by screen shots or other formats and emailed to the Council Member's City
email account. Members should consult with the City Clerk's Office for assistance with
retention questions.
To keep a personal account from becoming subject to public records requirements,
consider some basic precautions:
Do:
• Post a disclaimer on the personal account that identifies the account purpose and
that the opinions expressed are the Council Member's own opinions.
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• Limit the account content to personal use.
• Understand and use privacy settings to manage the account.
• Have a plan in place to respond to or forward City -related comments to the City,
including how the record is retained.
Don't:
• Write posts on personal accounts that would fit within the scope of the role as a
Council Member.
• Discuss private accounts in public meetings or documents.
• Link to the private accounts from an official City account.
• Use City devices to maintain a private account.
FORMER COUNCIL MEMBERS
When a member no longer serves officially, all social media pages should either:
1) Transition to indicate a title of "Former Council Member" clearly, or
2) Be unpublished/de-activated and archived content from that account will be
retained according to Iowa open record laws.
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