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HomeMy WebLinkAboutA029 - First passage of ordinance to comply with new state law regarding citizen review boards of police and repeal Ames Resident Police Advisory Committee (ARPAC)To:Mayor & City Council From:Mark O. Lambert, CIty Attorney Date:June 6, 2025 Subject:Ordinance to comply with new state law re: citizen review boards of police Item No. 32 MEMO See attached memo and first passage of Ordinance. ATTACHMENT(S): Memo from Mark O. Lambert.docx Ordinance Repeal ARPAC.PDF City Clerk's Office 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 1 Caring People  Quality Programs  Exceptional Service 515.239.5146 main 515.239.5142 fax 515 Clark Ave. Ames, IA 50010 www.CityofAmes.org Legal Department MEMO Legal Department To: Mayor Haila, Ames City Council From: Mark O. Lambert, City Attorney Date: June 6, 2025 Subject: Ordinance to comply with new state law re: citizen review boards of police In October 2021, the Ames City Council approved an ordinance creating the Ames Resident Police Advisory Committee (ARPAC). ARPAC was designed to provide a resident perspective to the Chief of Police into the resolution of complaints against the Ames Police Department, provide thoughtful recommendations regarding the policies and practices of the Ames Police Department, report concerns regarding complaint investigation outcomes to the City Manager, and increase public confidence in the professionalism and accountability of the Ames Police Department. ARPAC is established in sections 2.50-2.55 of the Ames Municipal Code. On May 19, 2025, the Governor of Iowa signed into law SF 311, which states that any city with a civil service commission established under Chapter 400 of the Iowa Code “shall not adopt, enforce, or otherwise administer an ordinance, motion, resolution, or amendment, or use an other means, to establish a board or other entity for the purpose of citizen review of the conduct of officers.” This new state law, which becomes effective on July 1, 2025, prohibits the City from having a citizen police-review board like ARPAC. Therefore, in order to comply with the new state law, the Council must repeal the ARPAC ordinance. Attached is an ordinance to repeal the ARPAC sections of the Ames Municipal Code. # 2 ORDINANCE NO. __________ AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY REPEALING SECTIONS 2.50, 2.51, 2.52, 2.53, 2.54 AND 2.55, THEREOF, FOR THE PURPOSE OF ELIMINATING THE AMES RESIDENT POLICE ADVISORY COMMITTEE (ARPAC), 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 repealing Sections 2.50, 2.51, 2.52, 2.53, 2.54, and 2.55, as follows: “Sec. 2.50. AMES RESIDENT POLICE ADVISORY COMMITTEE ESTABLISHED.(REPEALED) Sec. 2.51. CHARGE.(REPEALED) Sec. 2.52. MEMBERSHIP.(REPEALED) Sec. 2.53. RESPONSIBLITIES.(REPEALED) Sec. 2.54. COMPLAINT REVIEW PROCESS.(REPEALED) Sec. 2.55. MEETINGS, RESOURCES, AND TRAINING.(REPEALED)” 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 , 2025. _____________________________________________________________________________ John A. Haila, Mayor First Reading: Second Reading: Third Reading: Passed on: I, Renee Hall, City Clerk of the City of Ames, Iowa, hereby certify that the above and foregoing is a true copy of Ordinance No. _____________, passed by the City Council of said City at the meeting held on ____________________________, and signed by the Mayor on ____________________, and published in the Ames Tribune on _________________. _____________________________________________ Renee Hall, City Clerk 3