HomeMy WebLinkAboutA001 - Council Action Form dated June 10, 2022 ` Item No. 43
CITY OF MEMO
A m e SM Legal Department
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To: Mayor Haila, Ames City Council
From: Mark O. Lambert, City Attorney
Date: June 10, 2022
Subject: Request for change to ordinance regarding ISU representative on
Transit Board.
At the May 24, 2022, Ames City Council meeting, the Council directed staff to
prepare a memo regarding the request from Iowa State University to change the
City's Transit Agency ordinance to allow for Iowa State University representative
on the Transit Board to be someone other than a University Vice President.
Chapter 26A of the Ames Municipal Code establishes the Ames Transit Agency
(commonly known as "CyRide"). Section 26A.3 establishes the qualifications
and terms of office of the Transit Board Trustees.
Our current Municipal Code section states: "(c) One Trustee shall be a
Vice-President of Iowa State University, to serve an indefinite term."
Accordingly, the Transit Board Trustee representing ISU has historically always
been a Vice President for Business and Finance from the university.
Because of administrative reorganization at ISU, ISU President Wintersteen has
now appointed University Counsel Michael Norton to serve as a Transit Board
Trustee, and ISU is requesting a change to the ordinance in order to allow Mr.
Morton to serve as a Trustee, as he does not hold the title of "Vice President."
Mr. Norton does serve as part of the University's leadership team.
This was requested by ISU via an email on May 20, 2022 from Mr. Norton, in
which he stated:
"As we discussed, due to some organizational restructuring at the
University, some units previously reporting to Pam Cain, are now
reporting to me as General Counsel and Chief Risk Officer. The
organizational changes have moved the responsibility to be the
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University's representative on the Transit Board to my
position. Accordingly, President Wintersteen has appointed me to
fill the Transit Board position on behalf of the University. The
language of City Ordinance 26.A.C.3 regarding the University's
representative on the Transit Board will need to be changed to
reflect this change, as my title does not contain "Vice
President". Would you please ask the City Council to make this
technical change to the ordinance to accommodate this change at
the University. Thank you."
City staff has engaged in discussions with Mr. Norton and raised concerns of
the need for language assuring that a high-level ISU staff member is appointed
to the Transit Board, so that the person could obtain authority on the
spending/budgetary decisions. A change in the ordinance to say that the
Trustee from ISU "shall be a Vice-President of Iowa State University or an
equivalent-level position" would be acceptable to accomplish this.
t
ORDINANCE NO.
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF
THE CITY OF AMES,IOWA,BY AMENDING SECTION 26A.3
(1)(c)THEREOF,FOR THE PURPOSE OF QUALIFICATIONS
REPEALING ANY AND ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH
CONFLICT; AND ESTABLISHING AN EFFECTIVE DATE.
BE IT ENACTED,by the City Council for the City of Ames, Iowa,that:
Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby
amended by amending Section 26A.3 (1)(c)as follows:
"TRANSIT AGENCY
Sec.26A.3. QUALIFICATIONS,TERMS OF OFFICE,OATHS AND BONDS,VACANCIES.
(1) The members of the Ames Transit Agency Board of Trustees shall be qualified as follows
•• (c) One Trustee shall be a shall be a Vice-President of Iowa State University or an
equivalent-level position,appointed by the President of Iowa State University,to serve an indefinite term."
Section Two. All ordinances,or parts of ordinances, in conflict herewith are hereby repealed to
the extent of such conflict,if any.
Section Three. This ordinance shall be in full force and effect from and after its passage and
publication as required by law.
Passed this day of ,
Diane R.Voss,City Clerk John A.Haila,Mayor