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5.07 CONFLICT OF INTEREST.
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. The provisions of this section do not apply to:
(Code of Iowa, Sec. 362.5)
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.
(Code of Iowa, Sec. 362.5[3a])
2.   Investment of Funds. The designation of a bank or trust company as a depository, paying agent, or for investment of funds.
(Code of Iowa, Sec. 362.5[3b])
3.   City Treasurer. An employee of a bank or trust company, who serves as Treasurer of the City.
(Code of Iowa, Sec. 362.5[3c])
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 8 of this section, or both, if the contracts are made by competitive bid in writing, publicly invited and opened, or if the remuneration of employment will not be directly affected as a result of the contract and the duties of employment do not directly involve the procurement or preparation of any part of the contract. The competitive bid qualification of this subsection does not apply to a contract for professional services not customarily awarded by competitive bid.
(Code of Iowa, Sec. 362.5[3e])
5.   Newspaper. The designation of an official newspaper.
(Code of Iowa, Sec. 362.5[3f])
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.
(Code of Iowa, Sec. 362.5[3g])
7.   Volunteers. Contracts with volunteer firefighters or civil defense volunteers.
(Code of Iowa, Sec. 362.5[3h])
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 five percent 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.
(Code of Iowa, Sec. 362.5[3i])
9.   Contracts. Contracts made by the City upon competitive bid in writing, publicly invited and opened.
(Code of Iowa, Sec. 362.5[3d])
10.   Cumulative Purchases. Contracts not otherwise permitted by this section, for the purchase of goods or services that benefit a City officer or employee, if the purchases benefiting that officer or employee do not exceed a cumulative total purchase price of $6,000.00 in a fiscal year.
(Code of Iowa, Sec. 362.5[3j])
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.
(Code of Iowa, Sec. 362.5[3k])
12.   Third Party Contracts. A contract that is a bond, note or other obligation of the City and the contract is not acquired directly from the City but is acquired in a transaction with a third party who may or may not be the original underwriter, purchaser, or obligee of the contract.
(Code of Iowa, Sec. 362.5[3l])
5.08 RESIGNATIONS.
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.
(Code of Iowa, Sec. 372.13[9])
5.09 REMOVAL OF APPOINTED OFFICERS AND EMPLOYEES.
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 thirty (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 thirty (30) days after the date the request is filed, unless the person removed requests a later date.
(Code of Iowa, Sec. 372.15)
5.10 REMOVAL OF ELECTED OFFICERS.
Any elective officer may be removed from office by a two-thirds vote of the entire Council, after a hearing on written charges filed with the Council, for any of the following causes:
1.   For willful or habitual neglect or refusal to perform the duties of his or her office;
2.   For willful misconduct or maladministration in office;
3.   For corruption;
4.   For extortion;
5.   Upon conviction of a felony;
6.   For intoxication or upon conviction of being intoxicated.
5.11 VACANCIES.
A vacancy in an elective City office during a term of office shall be filled in accordance with Section 372.13[2] of the Code of Iowa.
(Code of Iowa, Sec. 372.13[2])
5.12 GIFTS.
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.
(Code of Iowa, Sec. 68B.22)
5.13 MINIMUM WAGE.
1.   The City of Ankeny hereby adopts Chapter 91D entitled Minimum Wage for the hourly wage to be paid within the City Limits of the City of Ankeny.
2.   By this Ordinance, the City of Ankeny is adopting an Ordinance that conflicts with Polk County Ordinance No. 317 entitled Polk County Minimum Wage Ordinance, thereby allowing the City of Ankeny not to be subject to Ordinance No. 317 entitled Polk County Minimum Wage Ordinance.
3.   The City of Ankeny's Ordinance shall continue to conflict to any wage increases as set forth in Ordinance No. 317 entitled Polk County Minimum Wage Ordinance established by the County to begin April 1, 2017, and to be increased on January 1, 2018, January 1, 2019 and January 1, 2020.
(Ord. 1905 - May 17 Supp.)
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