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A. Elected Official: Procedures for reporting complaints concerning elected officials under this article shall follow sections 1-4D-3 of this Code.
B. All Other Members - Contents Of Complaint: Any member may file a written complaint concerning an alleged violation of this article by a member of a governmental body that is not appointed to an elected position. The complaint shall include the following:
1. Specific allegations and supporting evidence of specific conduct alleged to violate this code or adopted city policy.
2. Specific references to code sections or adopted city policies the complainant alleges were violated. Copies of the code section or policy shall be included with the complaint.
3. Complaints must include specific dates the alleged violations occurred.
C. Filing: The complaint shall be filed with the city clerk. Complaints must be filed within three (3) months of discovering the alleged violation. Complaints filed after the time limitation shall be rejected.
D. Investigation: The city clerk shall forward the complaint to the mayor, city attorney, or other proper authority to conduct an investigation to determine whether the allegations in the complaint violate this code or city policy. The city clerk shall also forward the complaint to the accused individual.
E. Report: Within thirty (30) calendar days from the date a complaint is filed, the mayor shall produce a written report stating whether a preponderance of evidence exists to support the complaint. A resolution recommending disciplinary action shall be placed on the city council agenda for a vote within fourteen (14) days of the date of the report and the report shall be included as an exhibit to the resolution. If the report is in the negative, the complaint shall not proceed to disciplinary action. A negative report may recommend corrective action be taken by the accused to prevent further issue. (Ord. 5662, 9-19-2022)
A. Except where otherwise provided by State law, it is not the intent of this article that violations therefore be subject to criminal penalties.
B. Whenever it is determined by a preponderance of evidence that any member has violated any provision of this article, such individual shall be subject to discipline. Discipline may include the following:
2. Appointed Members: Any member appointed to serve on a governmental body of the City of Waterloo shall be subject to discipline as determined by the city council. The city council shall be limited to the following disciplinary action:
a. Censure: Censure by the city council shall be executed in accordance with section 1-4D-4 of this Code. References to city council members shall apply to appointed members.
b. Removal From Appointed Position: The city council may, by resolution, remove a member of a governmental body. Such resolution shall require an affirmative vote of five (5) members of the city council to pass. Any individual removed from an appointed position on a governmental body of the City of Waterloo shall be prohibited from being appointed to any other governmental body of the City of Waterloo. (Ord. 5662, 9-19-2022)
Each member shall receive a copy of this article before entering into the duties of their office or position. Any individual that receives a copy of this article shall sign a written statement acknowledging receipt, understanding, and agreeing to abide by this article. (Ord. 5662, 9-19-2022)
Censure is a formal reprimand of a council member or the mayor for specified conduct that violates this code or adopted city policies. Censure should not follow an occasional error in judgment, which occurs in good faith and is unintentional. Censure carries no fine or suspension of the rights of the member or mayor as an elected official. (Ord. 5662, 9-19-2022)
A. Contents Of Complaint: The mayor or any member of the city council may file a written complaint concerning an alleged violation of this code or of city policy by a council member, the mayor, or appointed member of a governmental body as defined by section 1-4C-2D. The complaint shall include the following:
1. Specific allegations and supporting evidence of specific conduct alleged to violate this code or adopted city policy.
2. Specific references to code sections or adopted city policies the complainant alleges were violated. Copies of the code section or policy shall be included with the complaint.
3. Complaints must include specific dates the alleged violations occurred.
B. Filing: The complaint shall be filed with the mayor, or if the mayor is involved, with the mayor pro tem. Complaints must be filed within three (3) months of discovering the alleged violation. Complaints filed after the time limitation shall be rejected. A censure complaint may be filed at the time of a regular session meeting but the complainant shall be prohibited from reading or commenting on the contents of the complaint during the meeting.
C. Investigation: The mayor or mayor pro tem shall forward the complaint to the city attorney, police chief, human resources director, or other proper authority to conduct an investigation to determine whether the allegations in the complaint violate this code or city policy. The mayor or mayor pro tem shall also forward the complaint to the city clerk to receive and file, and to the accused individual.
D. Report: Within thirty (30) calendar days from the date a complaint is filed, the mayor or mayor pro tem shall produce a written report stating whether a preponderance of evidence exists to warrant censure. A resolution recommending censure shall be placed on the city council agenda for a vote within fourteen (14) days of the date of the report and the report shall be included as an exhibit to the resolution. If the report is in the negative, the complaint shall not proceed to censure. A negative report may recommend corrective action be taken by the accused to prevent further issue. (Ord. 5662, 9-19-2022)
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