Loading...
HomeMy WebLinkAboutA042 - Memo from City Attorney dated August 4, 2018 R� MEMO Ames Legal Department g p Caring People•Qualify Programs•Exceptional Service To: Mayor Haila and Ames City Council From: Mark O. Lambert, City Attorney Date: August 4, 2018 Subject: Mayor's veto of Rental Cap Exceptions/Hardship ordinance As you know, Mayor Haila has vetoed the ordinance establishing exceptions to the Rental Concentration Cap. Mayor Haila asked me to write a memo to you about the process. Mayor's Veto Authority: First, the Iowa Code is clear that mayors have the authority to veto ordinances. Iowa Code chapter 380 is entitled "City Legislation." Section 380.5 states "The mayor may sign, veto, or take no action on an ordinance, amendment, or resolution passed by the council." Section 380.6(2) states: "The mayor may veto an ordinance, amendment, or resolution within fourteen days after passage. The mayor shall explain the reasons for the veto in a written message to the council at the time of the veto." Similar provisions are in the Ames Municipal Code at Section 2.8. Procedure for Possible Next Steps: So, the natural question is: what's next? The Council may either accept the veto, or may vote to repass the ordinance, as a way of "overriding" the Mayor's veto. If the Council does not vote to "repass" the ordinance (either by taking no action, or by attempting and failing to repass the ordinance),the veto will stand and the exceptions ordinance does not go into effect. The Council is not required to attempt to repass the ordinance. Iowa Code section 380.6(2) states that within 30 days of the mayor's veto, "the council may pass the measure again by a vote of not less than two-thirds of all members of the council." Since the City of Ames has a six member Council, a 2/3 vote would be four Council members. This is essentially "overriding the veto"though state law doesn't call Legal Department 515.239.5146 .r,:,,, 515 Clark Ave. 515.239.5142 r,,a Ames,IA 50010 www.C ityofAmes.org it that--the Iowa Code refers to it as "repassing"the ordinance. Such a successful vote ' - has the effect of passing the ordinance in spite of the Mayor's veto. Iowa Code section 380.6 further states that "If the mayor vetoes an ordinance, amendment, or resolution and the council repasses the measure after the mayor's veto, a resolution becomes effective immediately upon passage, and an ordinance or amendment becomes a law when the ordinance or a summary of the ordinance is published, unless a subsequent effective date is provided within the ordinance." So, if the Council repasses the ordinance with a vote of at least four, the ordinance then becomes effective when published (which is typically the Friday after the Council meeting). To be clear, the ordinance would not require three readings again. Please be aware that the Open Meetings Law still requires an item to be on the Council agenda in order for the Council to discuss it at a meeting. The Council's standard operating procedure for placing something on a Council agenda is that the Mayor can decide to place an item on the agenda or the Council as a whole can vote to place an item on an upcoming meeting agenda. Individual Council members may not place an item on the Council agenda. This is a longstanding tradition and practice of the Ames City Council. I have reviewed a memo to the City Council in 2006 from the City Manager, where the Manager described this longstanding practice to that Council and I know it has been the practice both before that and since. My understanding is that the Mayor is not going to place "repassing"the ordinance on the Council agenda, so it would take passing a Council motion to place it on the agenda. Because of this longstanding practice, if you wish for the Council to consider repassing the ordinance, a Council member would have to make a motion at the August 14 meeting to have the matter of repassing the ordinance placed on the next Council agenda. That motion would have to be approved by a majority of the Council on the 14th, and then the vote on repassage would take place at the following Council meeting. Please note that the next scheduled Council meeting after August 14 is August 28. That is within the 30-day deadline for repassing the ordinance. Possible Alternative: This is not intended as a suggestion, it is just a thought as to one possible alternative way of responding to the Mayor's veto, if you wish to resurrect the ordinance. As an alternative to attempting to "repass" the ordinance, the Council could pass a motion at the August 14 meeting, directing staff to bring back the ordinance as a "new ordinance" to be considered at the following Council meeting for a first reading. Council could direct staff to make any changes it wishes, either regarding the "bona fide rental" language, the application deadline, or any other matter within the ordinance. Since this matter has been discussed extensively at many Council meetings, the Council could choose, after the vote on first reading, to vote to suspend the rules and also do the second and third readings that same night. If you have any questions about the above, please feel free to contact me.