§ 35.08  TYPES OF MEETINGS, NOTICE AND PROCEDURES.
   (A)   Notices of, and agendas for, all meetings of the City Council, appointed boards, committees or commissions shall be given in compliance with the requirements of I.A.C. § 21.4. Meeting notices shall be posted by the City Clerk, or designee, at least 24 hours prior to the meeting. Likewise, any established boards, commissions or committees established by the City Council shall follow the same procedures.
   (B)   The City Council meeting agenda and pertinent packet information shall be posted on the city’s website, www.marshalltown-ia.gov. The Mayor and Council members should contact the City Clerk with any routine questions concerning the agenda prior to the meeting. Questions regarding policy issues on the agenda and clarification of action items should be directed to the City Administrator ahead of the meeting, whenever possible.
   (C)   All official meetings of the Council, appointed boards, committees or commissions shall be open to the public, except those legally designated as closed sessions. Regular Council meetings shall be held in a building or room that is accessible to persons with disabilities, which shall normally be the Council chambers at the city hall, located on the second floor of the building at 10 West State Street. For Council meetings held in part or in whole at other locations for any purpose, that meeting space shall be accessible to persons with disabilities to the maximum extent possible. Special arrangements for the hearing impaired, or for interpreters, will be considered upon request to the City Clerk’s office.
      (1)   Regular meeting.  The regular Council meetings will be held the second and fourth Mondays of every month, except when the regular meeting date is a holiday, in which event the meeting will be held at noon on the next day. Meetings will commence at 5:30 p.m., unless the Council directs otherwise.
      (2)   Work sessions.
         (a)   The Council may meet informally as needed in work sessions which are open to the public. Starting times will be dependent on the number of items scheduled for discussion. The purposes for work sessions include, but are not limited to, budget sessions, joint meetings, reviewing upcoming programs, receiving progress reports on current programs, receiving information from the City Administrator or discussing other matters of concern. No formal action on any item may be taken at a work session, but matters may, by motion, be placed on the agenda for a later City Council meeting.
         (b)   Items may be placed on the work session agenda by the City Administrator, Mayor or a Council member. The City Attorney or other city staff may place items on the agenda if approved by the City Administrator. Agenda items must be submitted at least five days prior to the scheduled work session. No public comment shall be permitted during a work session unless public comment is specifically called for on the agenda, or unless solicited by the presiding officer.
      (3)   Special meetings.  Special meetings of the City Council may be held if called by the Mayor, with the required public notice under I.A.C. Ch. 21. In such cases, the Mayor shall provide written notice to each Council member by email or other appropriate means. The cost of calling a special Council meeting for approval of a permit, license or similar instrument is $500 and shall be the responsibility of the petitioner.
      (4)   Open session.  Except as provided in the Iowa Code, all actions and discussions at meetings of governmental bodies, whether formal or informal, shall be conducted and executed in open session.
      (5)   Closed and exempt sessions.
         (a)   I.A.C. § 20.17 permits public bodies to hold exempt sessions (such as, not subject to the Open Meetings Law) to discuss collective bargaining with their bargaining representatives. I.A.C. §§ 21.5 and 21.9 permit closed sessions for certain limited, and narrowly defined, reasons. A vote to go into a closed session requires an affirmative vote of either two-thirds of the Council members or all of the Council members present at the meeting. No ordinance, resolution, motion or other formal action may be taken in closed session.
         (b)   In the case of any exempt or closed session, the agenda shall be drafted with the assistance of legal counsel to state the specific statutory basis under which the closed session will be held. The City Attorney or other legal counsel shall provide, in writing, the legal basis for the closed session and provide the same to the Mayor and Council prior to the meeting or, in the alternative, the City Attorney or outside legal counsel shall attend the meeting and state publicly the basis for the closed session. Said written or oral opinion shall specify the particular Iowa Code section which allows the exempt or closed session and a short statement of why the subject matter to be discussed in closed session makes the section applicable. The Council shall not enter closed session until this opinion is provided.
(Res. 2017-287, passed 10-9-2017)