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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 K 1',I L Ai �®il I 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. 11 • 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 13 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 14 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 15 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. 16 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". 17 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 18 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. 20 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. 21 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. 22 • 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. 23