(A) The Mayor shall appoint the Mayor Pro Tem and shall also appoint, with the approval of the Council, the following officials:
(1) Library Board of Trustees;
(2) Plan Commission;
(3) Historic Preservation Commission;
(4) Civil Service Commission;
(5) Human Rights Commission;
(6) Housing Authority Board of Commissioners;
(7) Traffic Study Commission;
(8) Zoning Board of Adjustment;
(9) Housing Board of Appeals;
(10) Tree Commission;
(11) Airport Commission;
(12) Mayor’s Youth Commission;
(13) ADA Advisory Commission;
(14) Advisory Appointments Committee;
(Iowa Code § 372.4) (1999 Code, § 15.03)
(15) Finance Committee;
(16) Neighborhood Improvement Committee;
(17) Capital Improvements Planning Committee;
(18) Parks and Recreation Advisory Board;
(19) Trails Advisory Committee.
(B) Conflicts of interest.
(1) No member of any administrative or advisory board, committee, commission or agency shall vote or participate in the discussion before the body or any subcommittee of the body on any issue in which the member has a direct financial interest or an interest as defined in § 30.51 of this Code, Iowa Code § 362.5 and as described in this section. No member of any administrative or advisory board, committee, commission or agency shall participate in selection or in the award or administration of a contract if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when any of the following persons has a financial or other interest in the firm or contractor selected for award:
(a) The board, committee, commission or agency member;
(b) Any member of his or her immediate family;
(c) His or her partner; or
(d) Any organization which employs or is about to employ any of the persons mentioned in subsections (B)(1)(a) through (c) of this section.
(2) No board, committee, commission or agency member shall solicit or accept gratuities, favors, money, rebates or anything of monetary value from contractors, potential contractors or parties to sub-agreements.
(3) Except as otherwise specifically provided in this Code, no two members of any administrative or advisory board, committee, commission or agency shall be employees of the same person, firm, company, partnership or other employing entity. For purposes of this section the owner or proprietor of a firm, company or other employing entity and each partner in a partnership and the spouse of each owner or proprietor or partner shall be considered an employee of the firm, company, partnership or other employing entity. This subsection shall not disqualify any member of a board, committee, commission or agency serving upon the effective date of this section.
(4) Except as otherwise specifically provided in this Code, no member of any administrative or advisory board, committee, commission or agency shall be appointed who is an employee of the City of Clinton or an elected City of Clinton officer or official. This subsection shall not disqualify any member of a board, committee, commission or agency serving upon the effective date of this section.
(5) Any member who violates this section may be subject to disciplinary action by the appointing authority, including removal from office.
(6) The conflict of interest provisions in § 30.51 of this Code and Iowa Code § 362.5 shall also apply to all members of any administrative or advisory board, committee, commission or agency.
(7) Exceptions under federal law. To the extent allowed by applicable federal law or regulation, the City Council may permit exceptions to conflict of interest under this section which do not constitute a violation of applicable provisions of state law. The grant of such exceptions shall be specifically conditioned upon approval by the appropriate federal agency.
(C) Pursuant to the authority vested in the Council under § 2.06(2) of the City Charter, the Council delegates to each individual board, commission, or committee the power to remove individuals from membership by two-thirds vote of the entire board, commission or committee, provided just cause exists. Just cause shall include circumstances which would be grounds for removal of a Council Member under an equitable action in District Court under Iowa Code § 66.1A; where a member no longer maintains domicile in the city such that the member is no longer an eligible elector; or when a member is absent from three successive meetings for any reason, or where the member misses more than half the scheduled meetings in a fiscal year, unless said reason is determined to be due to excusable health problems expected to be temporary in nature, and likely to resolve within six months of the original date of illness. Electronic participation shall not be deemed an absence under this section. Vacancies shall be filled in the same manner as an original appointment except that the new member shall fill out the unexpired term for which the appointment is made.
(Ord. 2470, passed 4-24-2012; Ord. 2572, passed 4-24-2018; Ord. 2574, passed 4-24-2018; Ord. 2579, passed 5-8-2018; Ord. 2636, passed 4-14-2020; Ord. 2676, passed 4-27-2021; Ord. 2718, passed 1-24-2023)