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§ 31.054 ISSUE LICENSES AND PERMITS.
   The City Clerk shall issue or revoke licenses and permits when authorized by this code of ordinances, and keep a record of licenses and permits issued which shall show date of issuance, license or permit number, official receipt number, name of person to whom issued, term of license or permit and purpose for which issued.
(Iowa Code § 372.13(4)) (1999 Code, § 18.10) (Ord. 2374, passed 6-10-2008)
§ 31.055 NOTIFY APPOINTEES.
   The City Clerk shall inform all persons appointed by the Mayor or Council to offices in the city government of their position and the time at which he or she shall assume the duties of his or her office.
(Iowa Code § 372.13(4)) (1999 Code, § 18.11) (Ord. 2374, passed 6-10-2008)
§ 31.056 ELECTIONS.
   The City Clerk shall perform the following duties relating to elections and nominations:
   (A)   In the event of a change in the method of nomination process used by the city, certify to the Commissioner of Elections the type of nomination process to be used by the city no later than 77 days before the date of the regular city election;
(Iowa Code § 376.6)
   (B)   Accept the nomination petition of a candidate for a city office for filing if on its face it appears to have the requisite number of signatures and is timely filed;
(Iowa Code § 376.4)
   (C)   Designate other employees or officials of the city who are ordinarily available to accept nomination papers if the City Clerk is not readily available during normal working hours;
(Iowa Code § 376.4)
   (D)   Note upon each petition and affidavit accepted for filing the date and time that the petition was filed; and
(Iowa Code § 376.4)
   (E)   Deliver all nomination petitions, together with the text of any public measure being submitted by the Council to the electorate, to the County Commissioner of Elections not later than 5:00 p.m. on the day following the last day on which nomination petitions can be filed.
(Iowa Code § 376.4)
(1999 Code, § 18.12) (Ord. 2374, passed 6-10-2008)
§ 31.057 CITY SEAL.
   The city shall hereby have an official seal. The city seal is in the custody of the City Clerk and shall be attached by the City Clerk to all transcripts, orders and certificates which it may be necessary or proper to authenticate. The seal shall not be replicated or used except with the expressed consent of the city, and shall not be commercially replicated for sale, except by manufacturers licensed by the city, and where the specific use of the seal by said manufacturer is expressly approved by the City Council. The City Seal shall comprise the following image:
 
(1999 Code, § 18.13) (Ord. 2374, passed 6-10-2008; Ord. 2594, passed 10-9-2018; Ord. 2607, passed 3-26-2019)
§ 31.058 CITY EMBLEM.
   (A)   The city shall hereby have an official emblem. The City Clerk, the Mayor, a majority of the members of the City Council acting collectively, and, with the express written consent of one or more of the above, all city employees shall have the right to use the official emblem only respecting official city matters, and only within the scope of their responsibilities as officials and employees. The city emblem shall appear upon official documents and notices only. The emblem shall not be replicated orused except with the expressed consent of the City, and shall not be commercially replicated for sale, except by manufacturers licensed by the City, and where the specific use of the emblem by said manufacturer is expressly approved by the City Council.
   (B)    The city emblem shall comprise the following image:
 
(Ord. 2594, passed 10-9-2018; Ord. 2607, passed 3-26-2019)
§ 31.059 CITY FLAG.
   The city shall hereby have an official Flag. The City Clerk, the Mayor, a majority of the Members of the City Council acting collectively, and, with the express consent of one or more of the above, all city employees shall have the right to use the official Flag only respecting official city matters, and only within the scope of their responsibilities as officials and employees. The city flag shall be used only in conjunction with city buildings, functions, and events, except citizens may fly the flag if it is purchased from the city or from a manufacturer officially licensed by the city. In such cases, citizens shall observe the rules of flag etiquette observed when flying the United States or Iowa flags. The city flag shall comprise the following image:
 
(Ord. 2594, passed 10-9-2018; Ord. 2607, passed 3-26-2019)
§ 31.060 CITY CHALLENGE COIN.
   The city shall hereby have an official city challenge coin. The official city challenge coin may be used in connection with any initiative associated with the official business of the city, as determined by the City Council or by city staff acting under a discretionary grant of authority from the City Council. The city challenge coin shall be used, sold, or distributed only by city officials in conjunction with city functions, events, fundraising initiatives, public outreach, promotion of the city, and other official matters, except that citizens may purchase, collect, and display the official city challenge coin if it is purchased from the city or from a manufacturer officially licensed by the city. The official city challenge coin shall be comprised of the following images:
 
(Ord. 2607, passed 3-26-2019)
§ 31.061 CITY INSIGNIA LIMITED.
   Other than the city seal, the city emblem, the city flag, and the city challenge coin, no designs, logos, or symbols used by the city, its officials, or its employees shall be used with the intent to represent the authority of the city nor shall they be considered official city insignia for the purposes of this code.
(Ord. 2594, passed 10-9-2018; Ord. 2607, passed 3-26-2019)
§ 31.062 MISUSE OF CITY SEAL, CITY EMBLEM, CITY FLAG, OR CITY CHALLENGE COIN.
   Any use of the city seal, city emblem, city flag, or city challenge coin in a manner inconsistent with this chapter, or by a person not authorized by this chapter, shall be a violation of this code.
(Ord. 2594, passed 10-9-2018; Ord. 2607, passed 3-26-2019)
§ 31.063 CITY TRADEMARKS AND SERVICE MARKS.
   The city may adopt trademarks and service marks for the goods or services that it provides. These marks are used to identify the city or a subdivision thereof as a source of goods or services and not with the intent to represent the authority of the city. Unauthorized use of the city’s trademarks or service marks by third parties shall be punishable under state, federal, and common law and shall also be a violation of this code.
(Ord. 2594, passed 10-9-2018; Ord. 2607, passed 3-26-2019)
§ 31.064 CITY FLAG AND BANNER POLICY.
   (A)   No flag, banner, or sign shall be flown, displayed or otherwise shown on city property or on any city flagpole, light pole, building or other mounting or display surface on property under the ownership or control of the city, except as follows:
      (1)   Official government flags:
         (a)   The United States of America flag;
         (b)   The State of Iowa flag;
         (c)   The City of Clinton flag; and
         (d)   National League of Families POW/MIA flag.
      (2)   Flags and banners requested by civic groups which are affiliated with recognized official national or state holidays;
      (3)   Flags and banners previously approved by Council resolution prior to the enactment of this section;
      (4)   Hometown Heroes banners;
      (5)   Banners promoting local sports teams, Council-supported business initiatives, or business districts which are not otherwise political, supportive of any political candidate, violative of the Establishment Clause of the First Amendment, or violative of applicable laws or regulations;
      (6)   The Peace 365 flag for 2023 only, from Memorial Day to seven days prior to Veterans' Day;
      (7)   Any flag flown under division (A)(2) shall be flown in lieu of the National League of Families POW/MIA flag on official flag poles; and
      (8)   Any flags flown under division (A)(2) shall be flown on city flagpoles for the entire calendar week within which the holiday occurs. Any banners flown under divisions (A)(3) or (A)(4) on any light pole, building or other mounting or display surface may be displayed for up to 30 days. In the event that more than one banner is requested for a particular 30-day period, the display days shall be equally distributed between the requesting parties. Notwithstanding the foregoing time limitations, Hometown Heroes banners approved by the City Council may be flown for such reasonable longer periods of time as determined by resolution of the City Council.
   (B)   All flags and banners shall be subordinate (i.e. lower on the flag pole) to the United States of America flag, by the established regulations of the United States and the State of Iowa.
(Ord. 2712, passed 11-22-2022)
CITY ADMINISTRATOR
§ 31.070 CREATION OF OFFICE.
   The Office of City Administrator is hereby created.
(1999 Code, § 19.01)
§ 31.071 APPOINTMENT AND COMPENSATION.
   The Council shall appoint by majority vote the City Administrator for an indefinite term. The City Administrator shall be chosen by the Council solely on the basis of executive and administrative qualifications with special reference to actual experience in or knowledge of accepted practice in respect to the duties of the office hereinafter set forth. At the time of the appointment, the appointee need not be a resident of the city or state, but during tenure of office, the City Administrator shall reside within the city. During the absence of the City Administrator by leave of the City Council, or through sickness or other unavoidable causes, or when the position is vacant the City Council may designate some properly qualified person to perform and execute the duties of the City Administrator's office. The City Attorney shall be the Acting City Administrator during all excused absences of the City Administrator or when there is a vacancy in the position. The Administrator receives compensation as established by resolution of the Council.
(1999 Code, § 19.02) (Ord. 2498, passed 8-13-2013)
§ 31.072 REMOVAL OF CITY ADMINISTRATOR.
   The Council may remove the City Administrator at any time by a majority vote of its members. The Council may suspend the City Administrator from duty but shall continue the City Administrator's salary and all benefits, and if the removal becomes final, shall pay the salary and benefits as per the employment agreement of the City Administrator.
(1999 Code, § 19.03) (Ord. 2499, passed 8-13-2013)
§ 31.073 POWERS AND DUTIES.
   The City Administrator is the chief administrative officer of the city, may head one or more departments and is responsible to the Council and Mayor for the proper administration of all affairs of the city. To that end, the City Administrator has the power and is required to do the following:
   (A)   Supervise enforcement and execution of city laws;
   (B)   Attend all meeting of the Council and take part in the discussion of all matters coming before the Council. The City Administrator is entitled to notice of all regular and special meetings of the Council;
   (C)   Recommend to the Council the adoption of measures as deemed necessary or expedient for the health, safety or welfare of the city or for the improvement of administrative services;
   (D)   Appoint and, when necessary for the good of the service, suspend, remove or discipline all officers of the city except as otherwise provided by law or this code of ordinances and except authorizing the head of a department to appoint, suspend, remove or discipline subordinates in the department. The City Administrator has the power to appoint and remove the following department heads subject to the approval of the Council:
      (1)   Clerk;
      (2)   Fire Chief;
      (3)   Police Chief;
      (4)   Parks and Recreation Director;
      (5)   Public Works Director;
      (6)   Planning/Community Development Director;
      (7)   Director of Finance;
      (8)   Building and Neighborhood Services;
      (9)   City Planner;
      (10)   Engineering;
      (11)   Human Resources;
      (12)   MTA/Transit and Fleet Director; and
      (13)   RWRF/Water Pollution Control Director.
   (E)   Supervise the official conduct of all officers of the city. The City Administrator is responsible to the Council for the performance of all department activities. All department heads, regardless of their method of appointment, are responsible to the City Administrator for the conduct of his or her department;
   (F)   Direct and coordinate all city services provided through the various departments;
   (G)   Prepare and submit to the Council for approval the necessary budget and be responsible for its administration after adoption. A preliminary budget review with the Council shall be held prior to November 1 for the next fiscal year. There shall be a budget status update for the new budget presented to the Committee of the Whole semimonthly commencing on or about January 2;
   (H)   Keep the Mayor and Council fully advised and informed concerning the operation of all aspects of the city government, of the financial condition of the city and of the future needs of the city;
   (I)   Conduct the business affairs of the city and cause accurate records to be kept by modern and efficient accounting methods;
   (J)   Prepare and submit to the Council as of the end of the fiscal year a complete report on the finances and administrative activities of the city for the preceding year;
   (K)   Supervise the performance of all contracts for work to be done for the city, make all purchases of material and supplies and see that the material and supplies are received and are of the quality and character called for by the contract;
   (L)   Supervise the construction, improvement, repair, maintenance and management of all city property, capital improvements and undertakings of the city, including the making and preservation of all surveys, maps, plans, drawings, specifications and estimates for capital improvements;
   (M)   Cooperate with any administrative agency;
   (N)   Provide for and cause records to be kept of the issuance and revocation of licenses and permits authorized by city laws;
   (O)   Recommend to the Council a standard schedule of pay for each appointive office and position in the city service, including minimum, intermediate and maximum rates;
   (P)   Employ, reclassify or discipline all employees subject to civil service provisions and of the Iowa Code Chapter 35C;
   (Q)   Appoint administrative assistants with the approval of the Council;
   (R)   Make all appointments not otherwise provided for;
   (S)   Investigate the affairs of the city or any department or division thereof and investigate all complaints in relation to matters concerning the administration of the government of the city;
   (T)   Devote his or her entire time to the discharge of all official duties;
   (U)   Perform other duties at the Council’s direction;
   (V)   Administer oaths;
   (W)   Be a notary public and may, when required, attest to the signature of the Mayor or Mayor Pro Tem in the absence of the City Clerk.
(1999 Code, § 19.04) (Ord. 2239, passed 6-12-2001; Ord. 2427, passed 9-14-2010; Ord. 2011-2444, passed 4-26-2011; Ord. 2656, passed 9-22-2020)
§ 31.074 POLITICAL ACTIVITY.
   The City Administrator shall not take part in any election for Council members, other than by casting a vote, and shall not appoint a Council member to city office or employment, nor shall any Council member accept an appointment.
(1999 Code, § 19.05)
CITY ATTORNEY
§ 31.085 LEGAL DEPARTMENT CREATED.
   There is created the Legal Department of the city, to provide advice and legal work to the Mayor, the Council, and city staff. Further, the City Attorney shall advocate on behalf of the city before all of the city's independent boards, commissions and appellate bodies.
(1999 Code, § 20.01) (Ord. 2710, passed 10-11-2022)
§ 31.086 GENERAL DUTIES OF LEGAL DEPARTMENT.
   The general duties of the Legal Department are as follows:
   (A)   Prosecute and defend suits. Appear for the city, prosecute and defend all causes in all the state or federal courts and any administrative proceeding in which the city is a party or interested;
   (B)   Represent the city. When requested to do so by the Mayor or the Council, or when the interests of the city require, appear for the city before any other court or tribunal and prosecute or defend all actions or proceedings in which the city may be a party or interested;
   (C)   Prosecute and defend. Prosecute or defend all actions and proceedings brought by or against any city officer in his or her official capacity or any city employee growing out of acts connected with his or her employment;
   (D)   Give opinions. When requested, give an opinion in writing upon all questions of law submitted by the Mayor, the Council or any member thereof, or by the heads of any city department now existing or hereafter created;
   (E)   Draft contracts, forms and the like. When requested, prepare drafts of contracts, forms and other writings which may be required for use by the city;
   (F)   Prepare ordinances. Prepare ordinances as the Council from time to time may direct and examine and report in writing to the Council whenever so requested an opinion as to the validity of ordinances previously passed by present or former City Councils, or of proposed ordinances, prior to their final passage by the Council;
   (G)   Perform other duties. Perform other and further duties as are now or may hereafter be required of the Legal Department or the members thereof by the Iowa Code, other ordinances of the city, or state or federal law;
   (H)   Advise Council. Advise the Council or its committees or any city officer or any commission or board, when requested, upon all legal questions arising in the conduct of city business;
   (I)   Attend Council meetings. Attend all Council meetings for the purpose of giving the Council any legal advice requested by the Council, the Mayor or any city officer;
   (J)   Prepare legal instruments. Prepare for execution all contracts and instruments to which the city is a party and approve, as to form, all bonds and insurance required to be submitted to the city;
   (K)   Prosecute offenders. Prepare all charges and complaints against and appear in the appropriate court in the prosecution of every person charged with the violation of a city ordinance or any regulations adopted, or with the commission of a misdemeanor, and, in any prosecution for violation of any regulation adopted by any board or commission created under authority of the Council, act under the directions of any board or commission;
   (L)   Settle claims. Have the power to adjust, settle, compromise or submit to arbitration any action, causes of action, accounts, debts, claims, demands, disputes and matters in favor of or against the city or in which the city is concerned as debtor or creditor, now existing or which may hereafter arise, subject to the approval of the Council;
   (M)   Make reports. Report the outcome of any litigation in which the city has an interest to the Mayor and Council;
   (N)   Control legal services incidental to Council action. Have charge of all legal services auxiliary to Council action in connection with the appropriating of property to public use and in the levying of assessments; and
   (O)   Keep records of suits. Keep a complete record of all suits in which the city had or has an interest, giving the names of the parties, the court where brought, the nature of the action, the disposition of the case, or its condition if pending, and the briefs of counsel.
(1999 Code, § 20.02)
§ 31.087 COMPOSITION OF LEGAL DEPARTMENT.
   The Legal Department of the city is composed of one City Attorney and assistants as are provided in this subchapter.
(1999 Code, § 20.03)
§ 31.088 APPOINTMENT; GENERAL QUALIFICATIONS.
   The City Attorney must be admitted to practice of law in the state and must be a resident of the city. The City Attorney shall be appointed by the City Council. The appointment and removal of the City Attorney shall be by a majority vote of the members of the City Council. The City Attorney shall hold office until a successor is appointed and qualified as provided by law.
(1999 Code, § 20.04) (Ord. 2239, passed 6-12-2001; Ord. 2506, passed 5-27-2014)
§ 31.089 SPECIFICS OF APPOINTMENT.
   (A)   The Office of City Attorney shall be filled by a competent attorney with broad experience in the general practice of law.
   (B)   The City Attorney shall be a full-time employee of the city and shall not engage in the private practice of law or other form of employment.
   (C)   The City Attorney, once appointed, shall not be dismissed except for cause. Should sufficient cause indicate that dismissal should be considered, he or she shall be dismissed in the same manner as originally appointed.
   (D)   The compensation of the City Attorney is fixed by resolution of the Council.
   (E)   The City Attorney is individually responsible to the Council and the Mayor for the performance of the duties as set forth in § 31.086 of this subchapter, and in addition has the following duties:
      (1)   Account promptly for all moneys received by the Legal Department and to pay the same into the city treasury;
      (2)   Submit a budget for the operation of the Legal Department upon request by the Council; and
      (3)   Perform other duties as are now or hereafter may be required of the Legal Department or members thereof by the Iowa Code, this subchapter, other chapters in this code of ordinances, or by requests of the Mayor or Council or individual members thereof in the interest of the city.
(1999 Code, § 20.05)
§ 31.090 RESTRICTION ON PRACTICE AFTER TERMINATION OF CITY SERVICE.
   No person who has been employed as City Attorney shall for a period of one year after termination of employment by the city represent any person or entity in any matter in which the city or any agency, commission or department thereof, or the like, is directly or indirectly involved.
(1999 Code, § 20.06)
§ 31.091 ASSISTANTS.
   To assist the Legal Department in the performance of its duties, the City Attorney may employ special assistant City Attorneys for individual legal matters of a peculiar nature; provided, however, that the employment shall be subject to approval of a majority vote of the Council. No compensation shall be paid to any person for services as an attorney or counselor to the Mayor, the Council, or to any department, commissions or boards of the city government or the heads thereof, except in cases as specifically authorized by resolution of the Council.
(1999 Code, § 20.07)
§ 31.092 OUTSIDE LEGAL COUNSEL.
   The City Council may contract for legal services for the City of Clinton instead of staffing a Legal Department. If the City Council contracts for legal services, the contract service provider will be considered the "City Attorney" for all official purposes. The City of Clinton residency requirement, applicable to an employee serving as City Attorney under § 31.088, shall not apply to a contract service provider.
(Ord. 2506, passed 5-27-2014)