Title II
ADMINISTRATION AND PERSONNEL
Chapters:
2,04 Mayor
2.08 Officers-Appointment and Qualification
2.12 City Clerk
2.16 Treasurer
2.20 City Attorney
2.24 Superintendent of Public Works and Utilities
2.28 Fire Chief
2.32 Building Commissioner
2.36 Officers-Powers and Duties
2.40 City Council
2.44 Salaries
2.48 Nomination and Election Procedures
2.52 Personnel
2.56 Fire Department
2.60 Public Library
2.64 Civil Defense
TopChapter 2.04 Mayor Sections:
2.04.010 Powers and duties
2.04.010 Powers and duties . The duties of the mayor shall be as follows:
A. The mayor shall be the chief executive officer of the city. (Code of Iowa, 1991, Sec. 372.14(1))
B. The mayor shall supervise all departments of the city and give direction to department heads concerning the functions of the departments. The mayor shall have the power to examine all functions of the municipal departments, their records, and to call for special reports from department heads at anytime. (Code of Iowa, 1991, Sec. 372.14(1))
C. The mayor shall act as presiding officer at all regular and special council meetings. The mayor pro tem shall serve in this capacity in the mayor's absence. (Code of Iowa, 1991, Sec. 372.14(3))
D. The mayor may sign, veto, or take no action on an ordinance, amendment, or resolution passed by the council. However, the mayor may not veto a measure if the mayor was entitled to vote on the measure at the time of passage. If the mayor vetoes a measure, he/she must explain the reason for such veto to the council. The council may repass a measure over the mayor's veto by a two-thirds majority of the council's members. (Code of Iowa, 1991, Secs. 380.5, 380.6)
E. If the mayor takes no action on a measure, a resolution becomes effective fourteen days after the date of passage and an ordinance or amendment becomes a law when published but not sooner than fourteen days after the date of passage, unless a subsequent effective date is provided within the measure. (Code of Iowa, 1991, Sec. 380.6(3))
F. The mayor shall make appropriate provision that duties of any absentee officer be carried on during his absence.
G. The mayor shall represent the city in all negotiations properly entered into in accordance with law or ordinance. The mayor shall not represent the city where this duty is specifically delegated to another officer by law or ordinance.
H. The mayor shall, whenever authorized by the council, sign all contracts on behalf of the city.
I. The mayor shall call special meetings of the city council when he deems such meetings necessary to the interests of the city.
J. The mayor shall make such oral or written reports to the city council at the first meeting of every month as referred. These reports shall concern municipal affairs generally, the municipal departments, and recommendations suitable for council action.
K. Annually, the mayor shall prepare and submit to the council an itemized budget of revenues and expenditures.
L. Immediately after taking office, the mayor shall designate one member of the city council as mayor pro tempore. The mayor pro tempore shall be vice-president of the council. Except for the limitations otherwise provided in this chapter, the mayor pro tempore shall perform the duties of the mayor in cases of absence or inability of the mayor to perform his/her duties. In the exercise of the duties of his/her office, the mayor pro tempore shall not have the power to employ or discharge from employment officers or employees that the mayor has power to appoint, employ, or discharge. The mayor pro tempore shall have the right to vote as a member of the council. (Code of Iowa, 1991, Secs. 372.4, 372.14)
M. The mayor shall, upon order of the city council, secure for the city such specialized and professional services not already available to the city. In executing the order of the city council, he/she shall conduct himself/herself in accordance with the city ordinances and the laws of the state.
N. The mayor may appoint an administrative assistant to assist him/her in matters of administration and supervision.
O. The mayor shall sign all licenses and permits which have been granted by the council, except those designated by law or ordinance to be issued by another municipal officer.
P. Upon authorization of the council, the mayor shall revoke permits or licenses granted by the council when their terms, the ordinances of the city, or the bans of the state are violated by holders of said permits or licenses.
Q. The mayor shall order to be removed, at public expense, any nuisance for which no person can be found responsible and liable. This order shall be in writing. The order to remove said nuisance shall be carried out by the chief of police.
Chapter 2.08 Officers-Appointment and Qualification Sections:
2.08.010 Purpose
2.08.020 Creation of appointive officers
2.08.030 Appointment/election of officers
2.08.040 Appointive officers-terms
2.08.050 Appointive officers-vacancies
2.08.060 Bonds-requirement
2.08.070 Bonds-surety
2.08.080 Bonds-amount
2.08.090 Bonds-filing
2.08.010 Purpose. The purpose of this chapter is to provide for the appointment and qualification, including the posting of proper bond, and the filling of vacancies of the appointed municipal officers of the city.
2.08.020 Creation of appointive officers . The following municipal officers shall be appointed by the mayor or council: clerk, treasurer, chief of police, superintendent of public works and utilities, assistant superintendent of public works and utilities, fire chief and building commisioner.
2.08.030 Appointment/election of officers.
A. The mayor shall appoint the chief of police.
B. The fire chief shall be elected for a term of one (1) year by the members of the volunteer fire department, with the approval of the council.
C. All other officers shall be appointed or selected by the council unless otherwise provided by law or ordinance. (Code of Iowa, 1991, Secs. 400.13, 372.4)
2.08.040 Appointive officers-terms . The terms of all appointive officers that are not otherwise fixed by law or ordinance shall be two years.
2.08.050 Appointive officers-vacancies. A vacancy in an appointive office shall be filled in the same manner as the original appointment. A vacancy in an elective office shall be filled by a majority vote of all members of the council.
2.08.060 Bonds-requirement Each municipal officer required by law or ordinance to be bonded shall, before entering upon the duties of his office, execute to the city a good and sufficient bond to be approved by the mayor, conditioned on the faithful performance of his duties and the proper handling and accounting for the money and property of the city in his charge.
A. All municipal officers required to give bond, with the exception of city council members, shall give bond with the conditions, in substance, as follows: xxxx"That as _____________________________ (naming the office) in the City of Primghar, of the County of O'Brien, in the State of Iowa, the officer will render a true account of the office and of the officer's doings therein to the proper authority when required thereby or by law; that the officer will promptly pay over to the officer or person entitled thereto all moneys which may come into the officer's hands by virtue of the office; that the officer will promptly account for all balances of money remaining in the officer's hands at the termination of the office; that the officer will exercise all reasonable diligence and care in the preservation and lawful disposal of all money, books, papers, securities, or other property appertaining to that office and deliver them to the officer's successor or to any other person authorized to receive the same; and, that the officer will faithfully and impartially, without fear, favor, fraud, or oppression, discharge all duties now or hereafter required of the office by law."
The attachment of a renewal certificate to an existing bond shall not constitute compliance with this section. (Code of Iowa, 1991, Sec. 64.2)
2.08.070 Bonds-surety . Any association or corporation which makes a business of insuring the fidelity of others and which has authority to do such business within Iowa shall be accepted as surety on any of the bonds.
2.08.080 Bonds-amount . Each officer shall be bonded in the amount shown: OFFICER AMOUNT
Mayor $20,000
Clerk $20,000
Treasurer $20,000
The council shall provide by resolution for a surety bond for any other officer or employee that the council deems necessary or, except for the mayor, for a blanket bond. The city shall pay the premium on all official bonds. (Code of Iowa, 1991, Secs. 64.2, 64.13)
2.08.090 Bonds-filing . All bonds when duly executed shall be filed with the mayor, except that the mayor's bond shall be filed with the clerk.
Chapter 2.12 City Clerk Sections:
2.12.010 Powers and duties
2.12.010 Powers and duties The duties of the clerk shall be as follows:
A. The clerk shall attend all regular and special council meetings and prepare and publish a condensed statement of the proceedings thereof to include the total expenditure from each city fund. The statement shall further include a list of all claims allowed, a summary of all receipts, and the gross amount of the claims. (Code of Iowa, 1991, Sec. 372.13(6))
B. The clerk shall promptly record each measure with a statement, where applicable, indicating whether the mayor signed, vetoed, or took no action on the measure and whether the measure was repassed after the mayor's veto. (Code of Iowa, 1991, Sec. 380.7(1))
C. The clerk shall publish all ordinances and amendments in the manner provided in Section 362.3 of the Code of Iowa. (Code of Iowa, 1991, Sec. 380.7(2))
D. The clerk shall authenticate all measures except motions with the clerk's signature and certification as to time and manner of publication, if any. The clerk's certification isxxxxpresumptive evidence of the facts stated therein. (Code of Iowa, 1991, Sec. 380.7(3))
E. The clerk shall maintain for public use copies of all effective ordinances and codes. (Code of Iowa, 1991, Sec. 380.7(4))
F. The clerk shall publish notice of public hearings, elections, council meetings, and other official actions as required by state and city law in accordance with the provisions of Section 362.3 of the Code of Iowa.
G. The clerk shall certify all measures establishing any zoning district, building lines, or fire limits, and a plat showing each district, lines or limits to the recorder of the county containing the affected parts of the city. (Code of Iowa, 1991, Sec. 380.11)
H. The clerk shall be the chief accounting officer of the city.
I. The clerk shall keep separate accounts for every appropriation, department, public improvement or undertaking and for every public utility owned or operated by the city. Each account shall be kept in the manner required by law.
J. Following council adoption of the budget, the clerk shall certify the necessary tax levy for the following year to the county auditor and the county board of supervisors.
K. The clerk shall report to the council at the first meeting of each month the status of each municipal account as ofthe end of the previous month. (Code of Iowa, 1991, Secs. 372.13(3) & (4))
L. The clerk shall balance all funds with the treasurer at the end of each month.
M. The clerk shall prepare the annual public report, publish it, and send a certified copy to the state auditor and other state officers as required by law.
N. The clerk shall maintain all city records as required by law.
O. The clerk shall have custody and be responsible for the safekeeping of all writings or documents in which the municipality is a party in interest unless otherwise specifically directed by law or ordinance. (Code of Iowa, 1991, Sec. 372.13(3))
P. The clerk shall file and preserve all receipts, vouchers, and other documents kept or that may be required to be kept, necessary to prove the validity of every transaction and the identity of every person having any beneficial relation thereto.
Q. The clerk shall furnish upon request to any municipal officer a copy of any record, paper or public document under his control when it may be necessary to such officer in the discharge of his duty. The clerk shall furnish a copy to any citizen when requested upon payment of the fee set by council resolution and under the direction of the mayor or other authorized officer, affixing the seal of the corporation to those public documents or instruments which by ordinance are required to be attested by the affixing of the seal.
R. The clerk shall keep and file all communications and petitions directed to the city council or to the city generally. The clerk shall endorse thereon the action of the city council taken upon matters considered in such communications and petitions.
S. The clerk shall issue all licenses and permits approved by the council and keep a record of licenses and permits issued which shall show the date of issuance, license or permit number, official receipt number, name of person to whom issued, term of license or permit, and purpose for which issued.
T. The clerk shall inform all persons appointed by the mayor or city council to offices in the municipal government of their position and the time at which they shall assume the duties of their office.
U. The clerk shall compile and preserve a complete record of every city election, regular or special, and perform duties required by law or ordinance of the city clerk in regard to elections.
V. The clerk shall draw all warrants for the city upon the vote of the council.
W. The clerk shall show on every warrant the fund on which it is drawn and the claim to be paid.
X. The clerk shall keep a warrant record in a form approved by the council, showing the number, date, amount, payee's name, upon what fund drawn, and for what claim each warrant is issued.
Y. The clerk shall bill and collect all charges, rents, or fees due the city for utility and other services and give a receipt therefor.
Z. The clerk shall perform the duty of purchasing goods, materials and supplies needed by the city. The clerk shall enter into consultations with department heads and the city council to determine needs for all departments of the city; formulate the technical and financial aspects of bids to be drown up by the city attorney; submit contracts for municipal needs to the city council for approval and authorization; advertise for bids on the basis of the contracts drawn up by the city attorney; and, enforce quality standards for goods purchased. (See generally Code of Iowa, 1991, Secs. 372.13, 380.7)
Chapter 2.16 Treasurer Sections:
2.16.010 Powers and duties
2.16.010 Powers and duties . The duties of the treasurer shall be as follows:
A. The treasurer shall keep a record of each individual account and shall maintain them separately.
B. The treasurer shall keep an accurate record of all money or securities received by him/her on behalf of the municipality and specify the date, from whom, and for what purpose such monies were received.
C. The treasurer shall keep an accurate account of all disbursements, money or property, specifying the date, to whom paid, and from what fund(s) such disbursements were paid.
D. The treasurer shall keep a separate account of all money received by him/her from special assessments. (Code of Iowa, 1991, Sec. 384.85)
E. The treasurer shall, immediately upon receipt of monies to be held in his/her custody and belonging to the city, deposit the same in banks selected by the city council in amounts not exceeding monetary limits authorized by the city council.
F. The treasurer shall reconcile bank statements with his/her books and certify monthly to the council the balance of cash and investments of each fund, amounts received, and amounts disbursed.
G. The treasurer shall keep a register of all bonds outstanding and record all payments of interest and principal.
H. The treasurer shall reconcile his/her books with the clerk's every month.
I. The treasurer shall perform such other duties as specified by state law, council resolution, or ordinance. (Code of Iowa, 1991, Secs. 372.13, 384.85) (See also Chapters 452 & 453 of the Code of Iowa)
Chapter 2.20 City Attorney Sections:
2.20.010 Powers and duties
2.20.010 Powers and duties . The duties of the city attorney shall be as follows:
A. The city attorney shall be so situated in a convenient location to maintain necessary coordination with the general governmental activities of the municipality. xxxxB. He shall attend every regular meeting of the city council and attend those special meetings of the city council at which he is required to be present.
C. He shall, upon request, formulate drafts for contracts, forms and other writings which may be required for the use of the city.
D. He shall keep in proper files a record of all official opinions and a docket or register of all actions prosecuted and defended by the city attorney accompanied by all proceedings relating to said actions.
E. He shall, upon request, give his opinion in writing upon all questions of law relating to municipal matters submitted by the city council, the mayor, members of the city council individually, municipal boards or the head of any municipal department.
F. He shall prepare those ordinances which the city council may desire and direct to be prepared and report to the council upon all ordinances before their final passage by the city council and publication.
G. He shall act as attorney for the city in all matters affecting the city's interest and appear on behalf of the city before any court, tribunal, commission or board. He shall prosecute or defend all actions and proceedings when so requested by the mayor or city council.
H. He shall not appear on behalf of any municipal officer or employee before any court or tribunal for the purely private benefit of said officer or employee. He shall, however, if directed by the council, appear to defend any municipal officer or employee in any cause of action arising out of or in the course of the performance of the duties of his or her office or employment.
I. He shall sign the name of the city to all appeal bonds and to all other bonds or papers of any kind that may be essential to the prosecution of any cause in court and when so signed, the city shall be bound upon the same.
J. He shall report to the city council and interested department heads of the defects in all contracts, documents, authorized power of any city officer, and ordinances submitted to him or coming under his notice.
K. He shall make an annual report to the city council prior to the tenth day of the first month of every year, which report shall contain a record of every legal matter considered by him during the course of the year, the disposition made of all legal matters considered, and recommendations concerning any matters pending which may interest the city.
L. He shall, after due examination, offer a written opinion on and recommend alterations pertaining to contracts involving the city before they become binding upon the city or are published. (Code of Iowa, 1991, Sec. 372.13)
Chapter 2.24 Superintendent of Public Works and Utilities Sections:
2.24.010 Powers and duties
2.24.010 Powers and duties . The duties of the superintendent of public works and utilities shall be as follows:
A. He shall supervise the installation of all storm sewers in the city in accordance with the regulations of the department of public works pertaining to the installation of storm sewers.
B. He shall maintain and repair the sidewalks, alleys, bridges and streets and keep them in a reasonably safe condition for travelers. He shall immediately investigate all complaints of the existence of dangerous or impassable conditions of any sidewalk, street, alley, bridge, underpass or overpass, and is charged with the duty of correcting unsafe defects in them.
C. He shall, whenever snow or ice imperil travel upon streets and alleys, be in charge of removing said snow and ice from the streets and alleys in the city and shall do whatever else is necessary and reasonable to make travel upon streets and alleys of the city safe.
D. He shall be responsible for the management, operation and maintenance of the city's airport, cemeteries and parks.
E. He shall compile and maintain written records of the purchases, accomplishments, disposition of equipment and manpower, an up-to-date inventory, and activities contemplated by his department. He shall make monthly oral and written reports of the activities of his department to the mayor on or before the first day of each month.
F. He shall perform all other duties of a public works nature which are not specifically assigned to other municipal officials or employees.
G. He shall be responsible for the management, operation and maintenance of all municipal utilities, for the collection of all departmental revenues, payment of all expenses, and the keeping of authorized records of said department.
H. He shall keep records of accounts payable, revenues, accounts receivable, expenditures made, depreciation of plant and equipment, and a continuous up-to-date inventory of all goods and supplies. He shall keep all other records ordered to be kept by the mayor in addition to those provided for by law or ordinance.
I. He shall make a report every month in writing to the mayor and city council on the present state of the public utilities. In this report shall be specifically stated the financial condition, production and the general condition of the entire utilities enterprise. He shall, at the close of every year, compile or cause to be compiled a written annual report of the activities and general condition of the public utilities of the city. This report shall contain a statement of the general progress and accomplishments of the plants and systems for the year covered in the report; a statement of financial operation for the year showing revenues, expenditures, and profits or losses; a summary of the history of the financial operations of the plant for the past five years showing the total revenue cost of operations, depreciation, interest on bonds and net profits; a statement of the method of disposal of net profits; a statement of free services rendered to the municipality during the year and their estimated value; a statement of the rate schedules that are presently in effect; and, a balance sheet with a statement of all assets, liabilities and reserves. (See generally Code of Iowa, 1991, Ch. 364) (Code of Iowa, 1991, Sec. 372.13(4))
Chapter 2.28 Fire Chief Sections:
2.28.010 Powers and duties
2.28.010 Powers and duties . The fire chief shall have the following powers and duties: (Code of Iowa, 1991, Sec. 372.13(4))
A. He shall perform all duties required of the fire chief by law or ordinance.
B. He shall enforce all ordinances and, where enabled, state laws regulating the following:
1. Fire prevention.
2. Maintenance and use of fire escapes.
3. The investigation of the cause, origin and circumstances of fires.
4. The means and adequacy of exit in case of fire from halls, theatres, churches, hospitals, asylums, lodging houses, schools, factories and all other buildings in which the public congregates for any purpose.
5. The installation and maintenance of private fire alarm systems and fire extinguishing equipment.
C. He shall be charged with the duty of maintaining the efficiency, discipline and control of the fire department. The members of the fire department shall, at all times, be subject to the direction of the fire chief.
D. He shall exercise and have full control over the disposition of all fire apparatus, tools, equipment and other property used by or belonging to the fire department.
E. He shall investigate the cause, origin and circumstances of each fire by which property has been destroyed or damaged or which results in bodily injury or property damage of fifty dollars ($50.00) or more by such fire. If he suspects arson, he shall report his findings to the state fire marshal in writing within one week after the fire. If he believes that a fire was started by design or if a death occurs as the result of fire, he shall notify the state fire marshal immediately. (Code of Iowa, 1991, Sec. 100.2 & 100.3)
F. He shall have the right, during reasonable hours and upon consent of the occupant, to enter any building or premises within his jurisdiction for the purpose of making such investigation or inspection which, under law or ordinance, he may consider necessary to be made and is reasonably necessary to protect the public health, safety and welfare. (Code of Iowa, 1991, Sec. 100.12)
G. He shall make such recommendations to owners, occupants, caretakers or managers of buildings necessary to eliminate fire hazards. (Code of Iowa, 1991, Sec. 100.12 & 100.13)
H. At the request of the state fire marshal and as provided by law, he shall aid said marshal in the performance of his duties by investigating, preventing and reporting data pertaining to fires. (Code of Iowa, 1991, Sec. 100.1-100.4, 100.12-l3)
I. He shall cause to be kept records of the fire department personnel, operating cost and efficiency of each element of fire fighting equipment, depreciation of all
Chapter 2.36 Officers-Powers and Duties
Sections:
2.36.010 General duties
2.36.020 Books and records
2.36.030 Deposits of municipal funds
2.36.040 Transfer of records and property to successor
2.36.050 Term of appointed officers
2.36.060 Resignations
2.36.070 Removal of appointed officers
2.36.010 General duties . Each municipal officer shall exercise the powers and perform the duties prescribed by law and Code of Ordinances, or as otherwise directed by the council unless contrary to state law or city charter. (Code of Iowa, 1991, Sec. 372.13(4))
2.36.020 Books and records . All books and records required to be kept by law or ordinance shall be open to inspection by the public upon request unless some other provisions of law expressly limit such right or requires such records to be kept confidential. (Code of Iowa, 1991, Sec. 22.2 & 22.7)
2.36.030 Deposits of municipal funds . Prior to the fifth day of each month, each office or department shall deposit all funds collected on behalf of the municipality during the preceding month. The officer responsible for the deposit of funds shall take such funds to the city clerk together with receipts indicating the sources thereof, and obtain a receipt from the clerk for the funds, or deposit the funds directly in the city's bank account and give the city clerk a duplicate receipted deposit slip together with his receipts indicating the sources of the funds. (Code of Iowa, 1991, Sec. 372.13(4))
2.36.040 Transfer of records and property to successor. Each officer shall transfer to his successor in office all books, papers, records, documents and property, together with an invoice of the same, in his custody and appertaining to his office. (Code of Iowa, 1991, Sec. 372.13(4))
2.36.050 Term of appointed officer . The term of all appointed officers that are not otherwise fixed by law or ordinance shall be two (2) years, such terms expiring at the time of the organizational meeting of the council in January following the regular municipal election and the appointment of a successor. (Code of Iowa, 1991, Sec. 372.13(4))
2.36.060 Resignations . An elected officer who wishes to resign may do so by submitting his resignation in writing to the clerk so that it shall be properly recorded and considered. A person who resigns from an elective office is not eligible for appointment to the same office during the time for which he was elected if, during that time, the compensation of the office has been increased. (Code of Iowa, 1991, Sec. 372.13(9))
2.36.070 Removal of appointed officers . Except as otherwise provided by state or city law, all persons appointed to a city office may be removed by the officer or body making the appointment, but every such removal shall be by written order. The order shall give the reasons, be filed in the office of the clerk, and a copy shall be sent by certified mail to the person removed who, upon request filed with the clerk within thirty (30) days of the date of mailing the copy, shall be granted a public hearing before the council on all issues connected with the removal. The hearing shall be held within thirty (30) days of the date the request is filed, unless the person removed requests a later date. (Code of Iowa, 1991, Sec. 372.15)
Chapter 2.40 City Council Sections:
2.40.010 Powers and duties
2.40.020 Exercise of power
2.40.030 Meetings
2.40.010 Powers and duties . The powers and duties of the council shall include but are not limited to the following:
A. All powers of the city are vested in the council except as otherwise provided by law or ordinance. (Code of Iowa, 1991, Sec. 364.2(1))
B. By ordinance, the council may divide the city into wards based upon population, change the boundaries of wards, eliminate wards or create new wards. (Code of Iowa, 1991, Sec. 372.13(7))
C. The council shall apportion and appropriate all funds, and audit and allow all bills, accounts, payrolls and claims, and order payment thereof. It shall make all assessments for the cost street improvements, sidewalks, sewers and other work, improvement or repairs which may be specially assessed. (Code of Iowa, 199l, Sec. 364.2(1), 384.16 & 384,38(11))
D. The council shall make all orders for the doing of work or the making or construction of any improvements, bridges or buildings. (Code of Iowa, 1991, Sec. 364.2(1))
E. The council shall make or authorize the making of all contracts, and no contract shall bind or be obligatory upon the city unless either made by ordinance or resolution adopted by the council, reduced to writing and approved by the council, or expressly authorized by ordinance or resolution adopted by the council. (Code of Iowa, 1991, Sec. 364.2(1) & 384.95 through 384.102)
F. The council shall authorize by resolution the number, duties and compensation of employees not otherwise provided for by state law or the Code of Ordinances. (Code of Iowa, 1991, Sec. 372.13(4))
G. The council shall maintain records of its proceedings. (Code of Iowa, 1991, Sec. 372.13(5))
H. By ordinance, the council shall prescribe the compensation of the mayor, council members, and other elected city officers, but a change in the compensation of the mayor shall not become effective during the term in which the increase is adopted, and the council shall not adopt such an ordinance changing the compensation of any elected officer during the months of November and December immediately following a regular city election. A change in the compensation of council members shall become effective for all council members at the beginning of the term of the council members elected at the election next following the adoption of the increase in compensation. (Code of Iowa, 1991, Sec. 372.13(8))
2.40.020 Exercise of power . The council shall exercise a power only by passage of a motion, a resolution, an amendment, or an ordinance in the following manner: (Code of Iowa, 1991, Sec. 364.3(1))
A. Passage of an ordinance, amendment, or resolution requires an affirmative vote of not less than a majority of the council members. A motion to spend public funds in excess of ten thousand dollars ($10,000) on any one project or a motion to accept public improvements and facilities upon their completion also requires an affirmative vote of not less than a majority of the council members. Each council member's vote on an ordinance, amendment, or resolution must be recorded. (Code of Iowa, 1991, Sec. 380.4)
B. Within thirty (30) days after the mayor's veto, the council may re-pass the ordinance or resolution by a vote of not less than two-thirds of the council members, and the ordinance or resolution becomes effective upon re-passage and publication. C. Measures passed by the council, other than motions, become effective in one of the following ways:
1. If the mayor signs the measure, a resolution becomes effective immediately upon signing and an ordinance or amendment becomes a law when published, unless a subsequent effective date is provided with the measure.
2. If the mayor vetoes a measure and the council re-passes the measure after the mayor's veto, a resolution becomes effective immediately upon re-passage, and an ordinance or amendment becomes law when published, unless a subsequent effective date is provided within the measure. (Code of Iowa, 1991, Sec. 380.6(2))
3. If the mayor takes no action on the measure, a resolution becomes effective fourteen (14) days after the date of passage, and an ordinance or amendment becomes law when published, but not sooner than fourteen (14) days after the day of passage, unless a subsequent effective date is provided within the measure. (Code of Iowa, 1991, Sec. 380.6(3))
2.40.030 Meetings . Meetings of the council shall be follows:
A. The regular meetings of the council shall be at 7:00 P.M. on the first Monday of each month in the council chambers at city hall. (Code of Iowa, 1991, Sec. 372.13(5))
B. Special meetings shall be held upon call of the mayor or upon the written request of a majority of the members of the council submitted to the clerk. Notice of a special meeting shall specify the date, time, place and subject of the meeting and such notice shall be given personally or left at the usual place of residence of each member of the council. A record of the service of notice shall be maintained by the clerk. (Code of Iowa, 1991, Sec. 372.13(1))
C. A majority of all council members is a quorum. (Code of Iowa, 1991, Sec. 372.13(1))
D. The council shall determine the rules of its own proceedings by resolution and the clerk shall keep such rules on file for public inspection. (Code of Iowa, 1991, Sec. 372.13(5))
E. Any three (3) members of the council can compel the attendance of the absent members at any regular, adjourned or duly called meeting by serving a written notice upon the absent members to attend at once.
F. The council shall be given reasonable notice of the time, date and place of each meeting and its tentative agenda. (Code of Iowa, 1991, Sec. 21.4)
G. All meetings shall be held in open session unless closed sessions are held as expressly permitted by state law. (Code of Iowa, 1991, Sec. 2l.3)
H. Minutes shall be kept of all meetings showing the date, time and place, the members present, and the action taken at each meeting, The minutes shall show the results of each vote taken and the vote of each member shall be made public. (Code of Iowa, 1991, Sec. 24.3)
I. A closed session may be held only by affirmative vote of either two-thirds of the council or all of the members present at the meeting and in accordance with Chapter 21 of the Code of Iowa. (Code of Iowa, 1991, Sec. 21.5)
J. The public may use cameras or recording devices at any open meeting. (Code of Iowa, 1991, Sec. 21.7)
Chapter 2.44 Salaries Sections:
2.44.010 Council member
2.44.020 Mayor
2.44.030 Treasurer
2.44.040 Fire Chief
2.44.050 Other officers
2.44.010 Council member . The salary of each council member shall be ten dollars ($10.00) for each meeting of the council.
2.44.020 Mayor . The mayor shall receive an annual salary of nine hundred dollars ($900.00) to be paid in equal monthly installments or at the end of the calendar year at the discretion of the mayor.
2.44.030 Treasurer . The treasurer shall receive an annual salary of one-hundred and twenty dollars ($120.00).
2.44.040 Fire Chief . The fire chief shall receive an annual salary of six hundred dollars ($600.00) to be paid in equal monthly installments.
2.44.050 Other officers . The compensation of all other officers and employees shall be set by resolution of the council. (Code of Iowa, 1991, Sec. 372.13(4))
Chapter 2.48 Nominating and Electing Sections:
2.48.010 Purpose
2.48.020 Method of nomination
2.48.030 Nominations by petition
2.48.040 Adding name by petition
2.48.050 Preparation of petition
2.48.060 Filing, Presumption, Withdrawal, and Objections
2.48.070 Persons Elected
2.48.010 Purpose . The purpose of this chapter is to designate the method by which candidates for elective municipal offices in the City of Primghar, Iowa shall be nominated and elected.
2.48.020 Method of nomination . All candidates for elective municipal offices shall be nominated under Chapter 45 of the Code of Iowa, as amended. The required procedures, as they apply to this municipality, are set forth in detail in the provisions of this chapter to facilitate the nominating process. (Code of Iowa, 1991, Sec. 376.3)
2.48.030 Nominations by petition . Nominations for elective municipal offices for the City of Primghar, Iowa may be made by nomination paper or papers signed by not less than ten (10) eligible electors, residents of the City of Primghar, Iowa. (Code of Iowa, 1991, Sec. 45.3)
2.48.040 Adding name by Petition . The name of a candidate placed upon the ballot by any other method than by petition shall not be added by petition for the same office. (Code of Iowa, 1991, Sec. 45.2)
2.48.050 Preparation of petition . Each petitioning voter shall add to his or her signature their residential address and date of signing. The person whose nomination is proposed may not sign the petition. Before filing said petition, there shall be endorsed thereon or attached thereto the affidavit of the candidate which affidavit or affidavits shall show:
A. Name, residence (to include street and number if any), city and county.
B. Office for which the candidate is seeking election and the date of election.
C. Declaration of eligibility to the office to which election is sought and that upon election will qualify to serve.
D. Sworn to by the candidate.
E. Contain an acknowledgement substantially stating the following:
"I am aware that I am required to organize a
candidate's committee which shall file an organization
statement and disclosure reports if it receives
contributions, makes expenditures, or incurs
indebtedness in excess of two-hundred and fifty
dollars ($250.00) for the purpose of supporting my
candidacy for public office."
(Code of Iowa, 1991, Sec. 45.3)
2.48.060 Filing-Presumptions-Withdrawals-Objections . The time and place of filing nomination petitions, the presumption of validity thereof, the right of a candidate so nominated to withdraw and the effect of such withdrawal, and the right to object to the legal sufficiency of such petitions or to the eligibility of the candidate, shall be governed by the appropriate provisions of Chapter 44 of the Code of Iowa, as amended. (Code of Iowa, 1991, Sec. 45.5)
2.48.070 Persons elected . The candidates who receive the greatest number of votes for each office on the ballot are elected to the extent necessary to fill the positions open. (Code of Iowa, 1991, Sec. 376.8(3))
Chapter 2.52 Personnel Sections:
2.52.010 Purpose
2.52.020 Appointments by department heads
2.52.030 Medical examinations
2.52.040 Hours of work
2.52.050 Overtime
2.52.060 Pay periods
2.52.070 Vacation leave
2.52.080 Termination leave
2.52.090 Sick leave
2.52.100 Emergency leave
2.52.110 Leave for injury
2.52.120 Holiday leave
2.52.130 Military leave
2.52.140 Leaves for jury duty
2.52.150 Retirement
2.52.160 Allowances
2.52.170 Conflict of interest-gifts
2.52.180 Veteran's preference
2.52.190 Removal
2.52.200 Appeal
2.52.210 Additional rules and regulations
2.52.010 Purpose . The purpose of this chapter is to provide for the creation of rules and regulations governing the setting of hours of work, holidays, leaves, retirement and other matters of personnel administration for the city.
2.52.020 Appointment by department heads . All appointed officers or employees not appointed by the mayor or council in accordance with state law or other ordinances shall be appointed by the department head or officer responsible for the work for which the employee is hired. Such appointment shall be made only after investigation of the qualifications of applicants as to experience and training which may include written examinations where applicable. No permanent employee shall be engaged without an investigation of his character and reputation for a reasonable responsibility for personal financial obligations. (Code of Iowa, 1991, Sec. 372.13(4))
2.52.030 Medical examinations . An applicant's hiring as a municipal employee is contingent on that applicant passing a medical examination by a licensed physician. The physician shall make a report as to the applicant's suitability for employment in the position to be filled. Such medical examination report and subsequent reports made during the person's term of employment shall be kept in a permanent file for each employee. The city shall reimburse the applicant for the cost of the physical examination.
2.52.040 Hours of work . The hours of work for officers and employees in each class and position of the city for service shall be set by resolution of the council.
2.52.050 Overtime . Overtime, in emergencies or as required to complete work under special circumstances, shall be compensated for by compensatory time off or by monetary compensation which shall pay one and one-half times the hourly wage for overtime hours worked. The method of overtime compensation shall be at the discretion of the superintendent of public works and utilities. (Code of Iowa, 1991, Sec. 372.13(4))
2.52.060 Pay periods . All full-time officers and employees shall be paid monthly.
2.52.070 Vacation leave . The amount of vacation leave available for each regular employee is as follows:
A. Two weeks after one year of employment.
B. Three weeks after ten years of employment.
C. Four weeks after twenty years of employment.
2.52.080 Termination pay . Regular employees who voluntarily resign shall give one month notice and any employee who complies with this requirement shall be given pay to the date of termination plus earned vacation to that date. Regular employees terminated by an authorized official of the city due to causes other than malfeasance or misfeasance shall be given thirty days' notice, paid to the date of termination, plus earned vacation to that date. Failure of the employee to give the required length of notice will forfeit the right to any earned vacation pay.
2.52.090 Sick leave . Sick leave with pay shall be granted following completion of six months at the rate of one day at the end of each succeeding month, which may be accumulated to a maximum of sixty (60) days. Sick leave is granted for the illness of the employee. For any illness exceeding three days, the city may require that the employee consult a physician.
2.52.100 Emergency leave . Employees shall receive up to three days paid leave for emergencies due to illness or death in the immediate family or, upon approval of the mayor, for like circumstances involving a person for whom the employee is primarily responsible. Leave for emergencies for periods of longer than three days may be granted by the council in special circumstances.
2.52.110 Leaves for injury . Leave due to injury while on duty will be granted for the time workmen's compensation is paid and for the period preceding the commencement of said compensation. (Code of Iowa, 1991, Ch. 85)
2.52.120 Holiday leave . All officers, assistants and employees with the exceptions named in this section shall be granted leave of absence with pay on the following eight designated holidays: New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, and Christmas. Police officers, firemen, drivers, water plant and sewage plant operators, however, shall work their usual shifts. When any of the named holidays falls on Sunday, the leave shall be granted on the Monday following. If any of the named holidays falls on Saturday, the leave shall be granted on the preceding Friday or given as an extra day of leave at the time of vacation leave as the council determines to be for the best interests of the city in light of the work needed to be done and the requirements for service. All police officers, firemen and drivers, water plant and sewage plant operators shall be given eight extra days of leave per year at the convenience of the department as compensation for the loss of holiday leave.
2.52.130 Military leave . Leaves of absence for training in the National Guard or armed services shall be granted in accordance with state statutes and subsidiary rules approved by the council. (Code of Iowa, 1991, Sec. 29A.28)
2.52.140 Leaves for jury duty . Leaves for jury duty shall be granted in accordance with the rules prepared by the council.
2.52.150 Retirement . There shall not be a mandatory age for retirement. However, all employees shall have the option of retiring upon reaching the age of sixty-five or older. If an employee elects not to retire at age sixty-five, said employee shall be required to take an annual physical. The city physician shall determine if said employee's physical condition is sufficient to permit working without hazard.
2.52.160 Allowances . All regular employees shall be eligible for reimbursement for such additional expenses required by their employment in the form of allowances for payment on group insurance and allowances for use of private automobile on city business as the council shall by resolution provide, in addition to the amount set forth on a step pay rate, and such allowances and contributions shall be considered in setting the proper levels of pay for similar work.
2.52.170 Conflict of interest-gifts. All employees and their immediate families shall not, directly or indirectly, solicit, accept, or receive from any one donor in any one calendar day a gift or series of gifts having a value of thirty-five dollars ($35.00) or more because of their employment with the city. (Code of Iowa, 1991, Sec. 68B.5)
2.52.180 Veterans' preference . In making appointments, officers shall give preference to honorably discharged members of the armed services and merchant marine of the United States who served in any period of war if the qualifications and character of said veteran is substantially equal to the other fully qualified applicants.
2.52.190 Removal . The council, officer or supervisor who appoints an employee shall have the power to dismiss such employee. Removal from his position shall be made only where the good of the city's service requires that it be done. Said causes shall be substantial and important and relate directly to the disqualification of the person or to his failure in the performance of his duties so that he has become an unsatisfactory person to hold the position. The following shall be grounds for removal: Physical or mental unfitness; conviction in a court of competent jurisdiction of a felony or any crime or offense including turpitude, fraud, vicious conduct or dishonesty; dishonest and notoriously immoral or disgraceful conduct; incurring or contracting debts, liabilities or obligations which the employee is unable or unwilling to pay, or neglect or refusal to discharge and pay within a reasonable time--provided that if the employee denies the obligation, the city may require that the creditor shall obtain a judgement before the city may remove the employee; use of drugs or intoxication beverages to excess; failure to report for duty upon termination of suspension or leave of absence and malfeasance, misfeasance or nonfeasance in the performance of duty. Insubordination and disagreeable personality destructive to the efficiency of public service may be grounds for dismissal. (Code of Iowa, 1991, Sec. 372.15, 400.19)
2.52.200 Appeal . Any employee dismissed by an official or supervisor may appeal to the council for a hearing on the cause for dismissal. The council's decision shall be final.
2.52.210 Additional rules and regulations . Rules and regulations giving interpretations and further details for the conduct and operation of employment in the city's service may be adopted by council resolution from time to time.