CHAPTER 5 OPERATING PROCEDURES

 

 


5.01 OATHS. The oath of office shall be required and administered in accordance with the following:
1. Qualify for Office. Each elected or appointed officer shall qualify for office by taking the prescribed oath and by giving, when required, a bond. The oath shall be taken, and bond provided, after being certified as elected but not later than noon of the first day which is not a Sunday or a legal holiday in January of the first year of the term for which the officer was elected.
(Code of Iowa, Sec. 63.1)
2. Prescribed Oath. The prescribed oath is: “I, (name), do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of Iowa, and that I will faithfully and impartially, to the best of my ability, discharge all duties of the office of (name of office) in Randolph as now or hereafter required by law.”
(Code of Iowa, Sec. 63.10)
3. Officers Empowered to Administer Oaths. The following are empowered to administer oaths and to take affirmations in any matter pertaining to the business of their respective office:
A. Mayor
B. City Clerk
C. Members of all boards, commissions or bodies created by law.
(Code of Iowa, Sec. 63A.2)
 


5.02 BONDS. Surety bonds are provided in accordance with the following:
1. Required. The Council shall provide by resolution for a surety bond or blanket position bond running to the City and covering the Mayor, Clerk, Treasurer and such other officers and employees as may be necessary and advisable.
(Code of Iowa, Sec. 64.13)
2. Bonds Approved. Bonds shall be approved by the Council.
(Code of Iowa, Sec. 64.19)
3. Bonds Filed. All bonds, after approval and proper record, shall be filed with the Clerk.
(Code of Iowa, Sec. 64.23[6])
4. Record. The Clerk shall keep a book, to be known as the “Record of Official Bonds” in which shall be recorded the official bonds of all City officers, elective or appointive.
(Code of Iowa, Sec. 64.24[3])
 


5.03 DUTIES – GENERAL. 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, Sec. 372.13[4])
 


5.04 BOOKS AND RECORDS. All books and records required to be kept by law or ordinance shall be open to examination by the public upon request, unless some other provisions of law expressly limit such right or require such records to be kept confidential. Access to public records which are combined with data processing software shall be in accordance with policies and procedures established by the City.
(Code of Iowa, Sec. 22.2 & 22.3A)
 


5.05 TRANSFER TO SUCCESSOR. Each officer shall transfer to his or her successor in office all books, papers, records, documents and property in the officer’s custody and appertaining to that office.
(Code of Iowa, Sec. 372.13[4])
 


5.06 MEETINGS. All meetings of the Council, any board or commission, or any multi-membered body formally and directly created by any of the foregoing bodies shall be held in accordance with the following:
1. Notice of Meetings. Reasonable notice, as defined by State law, of the time, date and place of each meeting, and its tentative agenda, shall be given.
(Code of Iowa, Sec. 21.4)
2. Meetings Open. All meetings shall be held in open session unless closed sessions are held as expressly permitted by State law.
(Code of Iowa, Sec. 21.3)
3. Minutes. 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 information sufficient to indicate the vote of each member present. The vote of each member present shall be made public at the open session. The minutes shall be public records open to public inspection.
(Code of Iowa, Sec. 21.3)
4. Closed Session. A closed session may be held only by affirmative vote of either two-thirds of the body or all of the members present at the meeting and in accordance with Chapter 21 of the Code of Iowa.
(Code of Iowa, Sec. 21.5)
5. Cameras and Recorders. The public may use cameras or recording devices at any open session. Nothing in Chapter 21 of the Code of Iowa shall prevent a governmental body from making and enforcing reasonable rules for the conduct of its meetings to assure those meetings are orderly, and free from interference or interruption by spectators.
(Code of Iowa, Sec. 21.7)
6. Electronic Meetings. A meeting may be conducted by electronic means only in circumstances where such a meeting in person is impossible or impractical and then only in compliance with the provisions of Chapter 21 of the Code of Iowa.
(Code of Iowa, Sec. 21.8)
 


5.07 CONFLICT OF INTEREST. A City officer or employee shall not have an interest, direct or indirect, in any contract or job of work or material or the profits thereof or services to be furnished or performed for the City, unless expressly permitted by law. A contract entered into in violation of this section is void. The provisions of this section do not apply to:
(Code of Iowa, Sec. 362.5)
1. Compensation of Officers. The payment of lawful compensation of a City officer or employee holding more than one City office or position, the holding of which is not incompatible with another public office or is not prohibited by law.
(Code of Iowa, Sec. 362.5[1])
2. Investment of Funds. The designation of a bank or trust company as a depository, paying agent, or for investment of funds.
(Code of Iowa, Sec. 362.5[2])
3. City Treasurer. An employee of a bank or trust company, who serves as Treasurer of the City.
(Code of Iowa, Sec. 362.5[3])
4. Stock Interests. Contracts in which a City officer or employee has an interest solely by reason of employment, or a stock interest of the kind described in subsection 8 of this section, or both, if the contract is for professional services not customarily awarded by competitive bid, if the remuneration of employment will not be directly affected as a result of the contract, and if the duties of employment do not directly involve the procurement or preparation of any part of the contract.
(Code of Iowa, Sec. 362.5[5])
5. Newspaper. The designation of an official newspaper.
(Code of Iowa, Sec. 362.5[6])
6. Existing Contracts. A contract in which a City officer or employee has an interest if the contract was made before the time the officer or employee was elected or appointed, but the contract may not be renewed.
(Code of Iowa, Sec. 362.5[7])
7. Volunteers. Contracts with volunteer fire fighters or civil defense volunteers.
(Code of Iowa, Sec. 362.5[8])
8. Corporations. A contract with a corporation in which a City officer or employee has an interest by reason of stock holdings when less than five percent (5%) of the outstanding stock of the corporation is owned or controlled directly or indirectly by the officer or employee or the spouse or immediate family of such officer or employee.
(Code of Iowa, Sec. 362.5[9])
9. Contracts. Contracts made by the City upon competitive bid in writing, publicly invited and opened.
(Code of Iowa, Sec. 362.5[4])
10. Cumulative Purchases. Contracts not otherwise permitted by this section, for the purchase of goods or services which benefit a City officer or employee, if the purchases benefiting that officer or employee do not exceed a cumulative total purchase price of twenty-five hundred dollars ($2500.00) in a fiscal year.
(Code of Iowa, Sec. 362.5[11])
11. Franchise Agreements. Franchise agreements between the City and a utility and contracts entered into by the City for the provision of essential City utility services.
(Code of Iowa, Sec. 362.5[12])
 


5.08 RESIGNATIONS. An elected officer who wishes to resign may do so by submitting a 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 the person was elected, if during that time the compensation of the office has been increased.
(Code of Iowa, Sec. 372.13[9])
 

5.09 REMOVAL OF APPOINTED OFFICERS AND EMPLOYEES. Except as otherwise provided by State or City law, all persons appointed to City office or employment 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 after 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 after the date the request is filed, unless the person removed requests a later date.
(Code of Iowa, Sec. 372.15)
 


5.10 REMOVAL OF ELECTED OFFICERS.
1. Grounds. Any City officer elected by the people may be removed from office after hearing as hereinafter provided by a two-thirds vote of the entire Council for any of the following reasons:
A. Willful or habitual neglect or refusal to perform the duties of office;
B. Willful misconduct or maladministration in office;
C. Corruption;
D. Extortion;
E. Conviction of a felony;
F. Intoxication, or upon conviction of becoming intoxicated;
G. Conviction of violating Chapter 56 of the Code of Iowa, Campaign Finance Disclosure.
2. Who May File Removal Petition. The petition for removal may be filed by the Mayor or by five (5) qualified electors of the City, and unless filed by the Mayor, shall be verified.
3. Contents of Removal Petition. The petition shall be filed in the name of the City. The accused shall be named as defendant. The petition shall state the charges against the accused and may be amended during the course of the proceedings. The petition shall be filed in the office of the Clerk and shall be deemed denied but the accused may plead thereto.
4. Fixing of Hearing Time and Location; Notice. Upon the filing of a petition, the Council shall fix a time and place of hearing upon such petition which may be a regular, adjourned or special meeting of the Council. Written notice of such hearing, to be signed by the Clerk, stating the time and place thereof and briefly the charges made in the petition, shall be served upon the defendant by the Police Chief not less than ten (10) days before the date of such hearing, such notice to be served upon the defendant personally if he or she can be found in the City within such time, otherwise by posting copies of such notice within such time in three (3) public places in the City.
5. Witnesses; Evidence. The Council or Mayor may issue subpoenas for witnesses as such hearing and for the production of records, books, papers and other evidence. Such witnesses may be sworn by the Mayor or any other person present authorized by law to administer oaths, and the refusal to obey such subpoenas shall be attended by the same consequences and penalties as upon criminal trials in the District Court.
6. Hearing Procedure. At such hearing, two-thirds of the entire Council shall constitute a quorum for such meeting and for the conduct of such proceedings. The Mayor shall preside at such hearing unless the Mayor is the defendant in such proceedings or is absent or for any other reason unable to attend, in which event a presiding officer shall be chosen by and from among the members of the Council. The Clerk shall attend such hearing and keep a record of all proceedings including a summary of the evidence and testimony introduced at such hearing. When such hearing has been completed, the vote of the Council shall be recorded by ayes and nays and if by a two-thirds vote of the entire Council such officer is removed from office, such removal shall be entered of record, and the resulting vacancy shall be forthwith filled in the manner provided by law for filling an ordinary vacancy occurring in such office.
7. Witness Fees and Mileage. The witnesses at such hearing shall be entitled to witness fees and mileage as allowed to witnesses in trials in the District Court, to be paid out of the General Fund of the City.
 


5.11 VACANCIES. A vacancy in an elective City office during a term of office shall be filled, at the Council’s option, by one of the two following procedures:
(Code of Iowa, Sec. 372.13 [2])
1. Appointment. By appointment following public notice by the remaining members of the Council within forty (40) days after the vacancy occurs, except that if the remaining members do not constitute a quorum of the full membership, or if a petition is filed requesting an election, the Council shall call a special election as provided by law.
(Code of Iowa, Sec. 372.13 [2a])
2. Election. By a special election held to fill the office for the remaining balance of the unexpired term as provided by law.
(Code of Iowa, Sec. 372.13 [2b])
 


5.12 GIFTS. Except as otherwise provided in Chapter 68B of the Code of Iowa, a public official, public employee or candidate, or that person’s immediate family member, shall not, directly or indirectly, accept or receive any gift or series of gifts from a “restricted donor” as defined in Chapter 68B and a restricted donor shall not, directly or indirectly, individually or jointly with one or more other restricted donors, offer or make a gift or a series of gifts to a public official, public employee or candidate.
(Code of Iowa, Sec. 68B.22)

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