HomeMy WebLinkAboutA001 - Council Action Form dated April 9, 2024 ITEM#: 32
DATE: 04-09-24
DEPT: Legal
COUNCIL ACTION FORM
SUBJECT: APPOINTMENT CRITERIA FOR BOARDS AND COMMISSIONS
BACKGROUND:
The City has a variety of boards and commissions to assist with advising regarding policies and
administration, as well as to perform quasi-judicial functions. Five of the existing boards/commissions
have ordinances that specifically prohibit City staff from serving on the board/commission: Building
Board of Appeals,Parks and Recreation Commission, Planning and Zoning Commission,Property
Maintenance Appeals Board, and the Public Nuisance Appeals Board. The rest do not have guidance
regarding the appointment of employees.
This can create confusion to applicants and to City staff in attempting to determine whether a potential
applicant is eligible.Additionally,the opportunity arises for a potential conflict of interest or for
conflicting supervisory-subordinate relationships if City employees are permitted to be on a City board
or commission.
There is at least one instance where a City employee is required to serve on a City board: the City
Manager is named specifically as an appointee to the Transit Board of Trustees. Therefore, any
overarching prohibition on City employees serving on boards or commissions needs to include
exceptions for individuals required by statute or ordinance to serve on the board/commission.
At the March 26, 2024 meeting, the City Council directed the City Attorney to prepare an
ordinance prohibiting City employees from holding or being appointed to a position on a City
board or commission, except where required by statute or ordinance.An ordinance has been
prepared and is attached.
ALTERNATIVES:
1, Approve first reading of the attached ordinance prohibiting City employees from serving on City
boards and commissions.
2. Direct staff to make modifications to the proposed ordinance.
3. Do not approve the ordinance on first reading.
CITY MANAGER'S RECOMMENDED ACTION:
The City's various boards and commissions handle a variety of matters related to City business.
Employment by the City can create a conflict of interest for board/commission members. It is clear that
several commissions have existing ordinances to address this potential situation,but there is not a
uniform standard for all City boards and commissions. Therefore, it is the recommendation of the City
Manager that the City Council adopt Alternative No. 1, as described above.
1
ATTACHMENT(S):
Ordinance No City Employee Appt.pdf
2
ORDINANCE NO.
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE
CITY OF AMES,IOWA, BY AMENDING CHAPTER 2,SECTION
2.10,FOR THE PURPOSE OF AMENDING APPOINTMENTS TO
ADMINISTRATIVE AGENCIES, BOARDS AND COMMISSIONS,
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:
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Section One, The Municipal Code of the City of Ames,fil4sha11 be and the same is hereby
amended as follows: % r :
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"See. 2.10. APPOINTMENTS TO ADMINK� T1 ?> AGENCIES, BOARDS AND
COMMISSIONS, ww,
5 No Cijy employee shall beaDnointecn' r serve on an Cit admin f`1.ive ggency.board or
comet ission except where required by statute or ord
Section Two. All ordinances, for dinances�ia�tspfhct herewith are hereby"repealed to the
extent of such conflict if any.
Section Three. This ordinance sfiibe intrrairce and efc;from and after its passage and
publication as required byA 101
Passed this of 2024`
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Renee1YN,ity Clerk vFY John A.Hails,Mayor
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