[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:
(1) 
Mayor.
(2) 
City Clerk.
(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.
[1]
Editor's Note: Former § 5-13, Residency requirements, as amended by Ord. No. 21-12, was repealed 6-8-2023 by Ord. No. 23-11.
[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.
[1]
Editor's Note: Former § 5-15, Employment agreements, as amended by Ord. No. 07-03, was repealed 6-8-2023 by Ord. No. 23-11.
[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.