[HISTORY: Adopted by the City Council of the City of Marion
as Ch. 5 of the 2000 Code. Amendments noted where applicable.]
The oath of office shall be required and administered in accordance
with the following:
A. 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 12:00 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.
B. 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 Marion as
now or hereafter required by law."
C. 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:
(3) Members of all boards, commissions
or bodies created by law.
Surety bonds are provided in accordance with the following:
A. 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.
B. Bonds approved. Bonds shall be approved
by the Council.
C. Bonds filed. All bonds, after approval
and proper record, shall be filed with the Clerk.
D. 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.
Each municipal officer shall exercise the powers and perform
the duties prescribed by law and this Code of Ordinances, or as otherwise
directed by the Council, unless contrary to state law or City Charter.
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.
[Amended 8-17-2023 by Ord. No. 23-21]
Each officer shall transfer to their successor in office all
books, papers, records, documents and property in the officer's custody
and appertaining to that office.
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:
A. 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.
B. Meetings open. All meetings shall
be held in open session unless closed sessions are held as expressly
permitted by state law.
C. 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.
D. Closed session. A closed session
may be held only by affirmative vote of either 2/3 of the body or
all of the members present at the meeting and in accordance with Chapter
21 of the Code of Iowa.
E. Cameras and recorders. The public
may use cameras or recording devices at any open session.
F. 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.
A. 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.
B. The provisions
of this section do not apply to:
(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.
(2) Investment of funds. The designation
of a bank or trust company as a depository, paying agent or for investment
of funds.
(3) City Treasurer. An employee
of a bank or trust company who serves as Treasurer of the City.
(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
B(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.
(5) Newspaper. The designation of
an official newspaper.
(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.
(7) Volunteers. Contracts with volunteer
firefighters or civil defense volunteers.
(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 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.
(9) Contracts. Contracts made by
the City upon competitive bid in writing, publicly invited and opened.
(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 $1,500 in a fiscal year.
(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.
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.
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 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 30 days after the date the request is filed,
unless the person removed requests a later date.
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:
A. Appointment. By appointment following
public notice by the remaining members of the Council within 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.
B. Election. By a special election
held to fill the office for the remaining balance of the unexpired
term as provided by law.
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.
[Ord. No. 18-33]
Employees of the City who are required to use their personal
automobiles in their work with the City, excluding coming to or going
from work, shall receive a mileage allowance equal to that allowed
by the Internal Revenue Service without such allowance being treated
as income. Claims shall be submitted on forms provided by the City
Treasurer. Employees who are required to regularly use a personal
automobile in their work for the City may also be allowed, in lieu
of the above mileage allowance, a car allowance as approved by the
Council.
[Ord. No. 05-10]
All candidates for elective municipal office shall be nominated
under the provisions of Chapter 45 of the Code of Iowa. The candidate
with the most votes shall be the winner of the election and there
shall not be a primary election nor shall there be a runoff election.
[Ord. No. 15-24; amended 3-23-2023 by Ord. No. 23-02]
The City of Marion hereby adopts the Statewide Urban Design
and Specifications Program as Marion's design specifications and manual.
These specifications and manual may be known as and cited as "SUDAS."
SUDAS, as adopted herein, replaces the Metropolitan Area Engineering
Design Standards and the Cedar Rapids Metropolitan Standards and Specifications
previously in effect in Marion. Subsequent updated editions of SUDAS
will be adopted by the Marion City Council by resolution.