Chapter 2
ADMINISTRATION1
Art. I In General, §§ 2-1 – 2-17
Art. II City Council, §§ 2-18 – 2-35
Art. III City Manager, §§ 2-36 – 2-51
Art. IV City Clerk, §§ 2-52 – 2-63
Art. V City Treasurer and Finance Director, §§ 2-64 – 2-76
Art. VI Council Facilities Account, §§ 2-77 – 2-88
Art. VII Reserved, §§ 2-89 – 2-108
Art. VIII Reserved, §§ 2-109 – 2-124
Art. IX Reserved, §§ 2-125 – 2-140
Art. X Business Improvement Districts, §§ 2-141 – 2-155
Art. XI Code of Conduct, §§ 2-156 – 2-170
Art. XII Comprehensive Liability Plan, §§ 2-171 – 2-179
Art. XIII Advisory Commissions, §§ 2-180 – 2-206
ARTICLE I IN GENERAL
Sec. 2-1. Public records.
Maintenance and access to the city’s public records shall be provided for in Chapter 3 of Title 9 of the Idaho Code and the definition of a public record shall be as provided therein. Audio tape recordings of regular city council meetings shall be maintained as a public record for a period of twenty-four (24) months after the meeting for which the recording was made. (Ord. No. 4034, § 2, 3-9-92)
Secs. 2-2 – 2-7. Reserved.
Editor’s note – Ord. No. 4034, adopted Mar. 9, 1992, repealed §§ 2-1 – 2-7, pertaining to public records, derived from the 1960 Code, §§ 2-67 – 2-72, and Ord. No. 2666, §§ 2 – 7.
Sec. 2-8. Adoption of personnel policy; amendment, repeal, etc.; separability from labor agreements.
(a) The city council is hereby authorized to adopt, by resolution, a system of rules and regulations for the management of city employees, including, but not limited to, job and pay classifications, salaries, working hours and conditions, merit examinations and promotions, vacations and sick leave, disciplinary proceedings, appeal procedure, and any other matter or proceeding related to the efficient regulation of the personnel of the city. Such rules and regulations, when adopted, shall be known as “The Personnel Policy of the City of Lewiston, Idaho.”
(b) Such rules and regulations may, from time to time, be amended, supplemented, replaced or repealed by resolution duly passed by the city council.
(c) Nothing in the personnel rules and regulations adopted by the city council shall be deemed to supersede the provisions of any collective labor agreement entered into by the city with its employees, or any of them, whether such agreement is now in effect or is entered into hereafter, where the provisions of such rules and the collective labor agreement are in conflict. (Ord. No. 3227, §§ 1 – 3, 8-12-74)
Editor’s note – Ord. No. 3227, adopted Aug. 12, 1974, did not specifically amend the code. Codification herein as § 2-8 was, therefore, at the editor’s discretion.
Secs. 2-9 – 2-17. Reserved.
ARTICLE II CITY COUNCIL
Sec. 2-18. Meetings – Time and place.
The time and place for the regular agenda meetings of the council shall hereafter be the first, second and fourth Mondays of each month. The regular agenda meeting on the first Monday of every month shall include meeting as a committee-of-the-whole with senior city staff at City Hall or such other place as shall be designated in advance, to begin at 3:30 p.m. The regular agenda meetings on the second and fourth Monday shall be at the Telecommunications Classroom at the Lewis-Clark State College Library Building, or such other place as shall be designated in advance, to begin at 6:00 p.m. Special meetings of the council may be called for by consensus of the city council if city business warrants additional meetings in addition to the regular meetings. Said meetings shall be noticed and conducted in compliance with applicable open meetings statutes. (Ord. No. 3181, § 1, 11-5-73; Ord. No. 3623, § 1, 2-1-82; Ord. No. 3852, § 1, 1-26-87; Ord. No. 3899, § 1, 1-18-88; Ord. No. 4034, § 3, 3-9-92; Ord. No. 4173, § 1, 10-21-96; Ord. No. 4227, § 1, 1-11-99; Ord. No. 4355, § 1, 4-12-04; Ord. No. 4511, § 1, 6-23-08)
State law reference – Powers of city councils generally, Idaho Code, §§ 50-701 – 50-708; relationship to city manager, Idaho Code, § 50-808.
Sec. 2-19. Same – On holidays.
Should any day fixed for a regular meeting of the council fall on a holiday, such meeting shall be cancelled. (Code 1960, § 2-6; Ord. No. 4034, § 4, 3-9-92)
State law reference – Meetings of council, Idaho Code, § 50-705.
Sec. 2-20. Agenda.
Prior to each regular council meeting, the city manager shall prepare an agenda of such meeting, which agenda shall fix the order in which council business for such meeting shall be considered. The council may, with the consent of a majority of the council present, vary or add to the agenda at any such meeting. (Ord. No. 3181, § 2, 11-5-73; Ord. No. 4034, § 5, 3-9-92)
Sec. 2-21. Procedural rules.
Except as may otherwise be provided by laws of the state or the ordinances of the city, the council shall be governed in the conduct of its meetings by the rules of parliamentary procedure contained in the then latest revised edition of Robert’s Rules of Order. (Ord. No. 3181, § 2, 11-5-73)
Sec. 2-22. Compensation.
The mayor shall receive as compensation a salary of seven hundred seventy dollars ($770.00) per month. All other members of the city council shall receive as compensation a salary of five hundred twenty dollars ($520.00) per month. (Code 1960, § 2-6.1; Ord. No. 2567, § 1; Ord. No. 3031, § 2, 6-28-71; Ord. No. 3354, § 1, 3-28-77; Ord. No. 4201, § 1, 8-25-97; Ord. No. 4418, § 1, 8-22-05)
State law reference – Compensation in general; limitations on power of commissioners to grant raises to themselves, Idaho Code, § 50-203.
Sec. 2-23. Mayor and mayor pro tem.
A mayor shall be elected by the city council at the time and in the manner provided for in Idaho Code, Section 50-809. At the time of the election of the mayor, a mayor pro tem shall also be elected by a majority of the council for a term of two (2) years. The mayor pro tem shall assume the powers and duties of the mayor in the mayor’s absence. In the event of a vacancy in the office of mayor or mayor pro tem, the council shall elect, as soon as practical, a successor to fill the remainder of the original term. (Ord. No. 4034, § 6, 3-9-92)
Secs. 2-24 – 2-35. Reserved.
ARTICLE III CITY MANAGER2
Sec. 2-36. Office created; appointment.
(a) The office of the city manager is hereby created and established.
(b) The city manager shall be appointed by the council solely on the basis of his administrative qualifications and abilities, without regard to race, creed, sex, or national origin.
(c) He shall hold office at the pleasure of a majority of the full membership of the council. The council may, when necessary or appropriate, designate an acting or temporary city manager, with all of the powers set forth herein. (Ord. No. 3152, § 1, 7-16-73)
Sec. 2-37. Residence requirements; disability.
(a) Residence of the city at the time of appointment shall not be required of the city manager.
(b) No person elected to membership of the council shall, subsequent to such election, be eligible for appointment as city manager until at least one year has elapsed after he has ceased to be a member of the council. (Ord. No. 3152, §§ 2, 3, 7-16-73)
Sec. 2-38. Bond requirement.
The city manager shall execute a corporate surety bond in such sum as may be approved by the council, which bond shall be conditioned on the faithful performance of the duties imposed upon the city manager as prescribed in this article and by the laws of the state, the cost of which bond shall be paid by the city. (Ord. No. 3152, § 4, 7-16-73)
State law reference – Bonds of officers generally, Idaho Code, § 50-204.
Sec. 2-39. Compensation; reimbursement for expenses.
(a) The city manager shall receive such compensation as the council shall, from time to time, determine and fix, subject to any existing employment contract between the city and the city manager.
(b) The city manager shall, upon proper claim therefor being approved by the council, be reimbursed for all sums necessarily expended or incurred by him in the performance of his duties. (Ord. No. 3152, § 5, 7-16-73)
Sec. 2-40. Removal.
(a) The city manager may be removed from office only by a majority vote of the full membership of the council convened at a regular council meeting, or at a special meeting duly called for that purpose.
(b) Such removal shall be subject to the terms of any existing employment contract between the city and the city manager. (Ord. No. 3152, § 6, 7-16-73)
Sec. 2-41. Same – Procedure.
(a) Notwithstanding any other provision of this article, the city manager shall not be removed from office, other than for willful misconduct in office, during or within a period of one hundred twenty (120) days next succeeding any municipal election held in the city at which councilmen are elected.
(b) The purpose of this provision is to allow any newly elected or appointed member of the council, or a reorganized council, to observe the actions and ability of the city manager in the performance of the powers and duties of his office. (Ord. No. 3152, § 7, 7-16-73)
Sec. 2-42. Duties.
(a) The city manager shall be the administrative head of the city government, under the direction and supervision of the council. He shall, in accordance with the provisions of Idaho Code, Section 50-811:
(1) Have the general control and supervision over all business of the city.
(2) See that the provisions of this code and the ordinances and policies of the city, and the laws of the state pertaining to the city, are faithfully executed.
(3) Attend all meetings of the city council, unless excused therefrom by the city council.
(4) Recommend for adoption to the council such measures as he may deem necessary or expedient.
(5) Appoint or remove all department heads, except the city attorney, subject to approval of the council, supervise and control all employees of the city subject to any applicable personnel regulations and make regular reports to the council concerning actions he has taken with respect to employees of the city.
(6) Supervise in general all departments of the city, except the city attorney.
(7) Keep the council fully advised of the financial condition of the city and its future needs, and prepare and submit to the council such other reports as may be required by the council, or as he may deem advisable.
(8) Prepare and submit to the council the preliminary budget for each fiscal year, and administer the budget after its adoption.
(9) Investigate all complaints in relation to matters concerning the administration of the government of the city and concerning the service maintained by the public utilities of the city.
(10) Exercise general supervision over all public buildings, public parks, public streets, and other public properties which are under the jurisdiction and control of the city.
(11) Serve as ex officio member of such boards and commissions of the city as may be determined by the council, with the right to participate in all deliberations, but without vote.
(12) Devote his full time to the duties and interests of the city.
(13) Exercise all powers delegated to the mayor by Idaho Code, Section 50-606.
(14) Perform such other duties as the council may establish by ordinance, resolution, or motion.
(b) Nothing contained herein shall be construed as derogating from the power of the city council to establish policy, to direct and supervise the affairs of the city as required by law, to create or abolish departments or permanent positions of city government, or to exercise any other powers delegated to it by law. The city council shall, by motion, create and abolish city departments, upon the recommendation of the city manager. (Ord. No. 3173, § 2, 10-15-73; Ord. No. 3522, § 1, 5-12-80)
Sec. 2-43. Officers to cooperate.
It shall be the duty of all other officers, employees, and agents of the city, including the city attorney, to cooperate with and assist the city manager in administering the affairs of the city most efficiently, economically, and harmoniously, so far as may be consistent with their duties and obligations to the city. (Ord. No. 3152, § 9, 7-16-73; Ord. No. 3522, § 2, 5-12-80)
Sec. 2-44. Reserved.
Editor’s note – Ord. No. 3809, § 1, adopted Feb. 24, 1986, repealed § 2-44, pertaining to city manager as intermediary between council and administrative services, derived from Ord. No. 3152, § 10, enacted July 16, 1973.
Secs. 2-45 – 2-51. Reserved.
ARTICLE IV CITY CLERK
Sec. 2-52. Created; appointment.
There is hereby created the office of city clerk. Such officer shall be appointed by the city manager and confirmed by the council. (Code 1960, § 2-22.1)
Sec. 2-53. Bonding requirement.
The clerk shall, before entering upon the duties of his office, execute a bond to the city conditioned on the faithful performance of his duties, which bond shall be in the amount of ten thousand dollars ($10,000.00). (Code 1960, § 2-22.1)
State law reference – Bonding of city clerk, Idaho Code, § 50-204.
Sec. 2-54. Duties.
In addition to the duties imposed upon the city clerk by Section 50-207, Idaho Code, it shall be the duty of the city clerk to keep a fair and correct journal of the proceedings of the council; to file and keep all books and papers of the council; to keep and preserve all records and books entrusted to him; to affix the seal of the city to instruments required to be executed by him under the city’s seal; to sign warrants authorized by the council; to administer oaths; and to perform such other duties as may be prescribed by this code and the ordinances and resolutions of the city. (Code 1960, § 2-22.1)
State law reference – Duties of city clerk, Idaho Code, § 50-207.
Sec. 2-55. Deputy – Created.
There is hereby created the office of deputy city clerk, and the city clerk is hereby authorized to appoint one or more deputy city clerks with the consent of the city manager. (Code 1960, § 2-22.1)
Secs. 2-56 – 2-58. Reserved.
Editor’s note – Ord. No. 4034, § 7, enacted Mar. 9, 1992, repealed §§ 2-56 – 2-58, relative to the office of deputy clerks, derived from § 2-22.1 of the 1960 Code, and Ord. No. 3050, §§ 1 – 5, adopted Sep. 13, 1971.
Secs. 2-59 – 2-63. Reserved.
ARTICLE V CITY TREASURER AND FINANCE DIRECTOR3
Sec. 2-64. Created.
There is hereby created the office of city treasurer and finance director. Such officer shall be appointed by the city manager and confirmed by the council. (Code 1960, § 2-16; Ord. No. 4034, § 8, 3-9-92)
Sec. 2-65. Bonding requirement.
The city treasurer and finance director shall, before entering upon the duties of the office, execute a bond to the city for the faithful performance of the treasurer’s duties in the sum of fifty thousand dollars ($50,000.00). (Code 1960, § 2-16; Ord. No. 4034, § 8, 3-9-92)
State law reference – Bonding of city treasurer, Idaho Code, § 50-204.
Sec. 2-66. Duties.
(a) In addition to the duties imposed upon the city treasurer and finance director by Idaho Code, Section 50-208, and Chapter 10 of title 50, Idaho Code, the city treasurer and finance director shall receive and keep all money that shall come into the city by taxation or otherwise, and pay out of the same upon the warrant of the mayor and city clerk, or by check signed by the mayor and treasurer and finance director as provided by Idaho Code, Section 50-1018. The treasurer and finance director shall keep the books of account of the city of Lewiston, including an account of the general fund, and a separate account of the separate funds that may be created for any specific object, and, when a warrant is drawn on any particular fund, it can only be paid out of such fund.
(b) The treasurer and finance director shall report all the revenues and expenditures to the council at least once a month. Such records shall be maintained in accordance with generally accepted accounting principles for municipalities.
(c) It shall be the duty of the treasurer and finance director to superintend and supervise the fiscal affairs of the city, and to manage and conduct the same as prescribed by the ordinances and resolutions of the city council. The treasurer and finance director shall keep the books of account of the city and make such financial reports and statement as may be required by the council.
(d) The treasurer and finance director shall keep separate account of each and every appropriation of the city, showing the purpose for which the same is made.
(e) The books of account of the treasurer and finance director shall exhibit accurate and detailed statements of all monies received and expended for the account of the city by all city officials, and shall show in detail the property owned by the city and income derived therefrom.
(f) The treasurer and finance director shall keep a separate and controlling account with each department and fund of the city government in accord with accepted municipal accounting practices, and also such other accounts as may be necessary to show a complete financial statement of the city.
(g) The treasurer and finance director shall perform such other duties as may be prescribed by the ordinances and regulations of the city. (Code 1960, § 2-16; Ord. No. 3298, § 1, 12-29-75; Ord. No. 4034, § 8, 3-9-92)
Sec. 2-67. Deposit of city funds, generally.
The treasurer and finance director shall deposit and keep all monies of the city in such depositories as may be authorized by law as provided for by Idaho Code, Section 50-1013 and Chapter 1 of Title 57, Idaho Code. (Code 1960, § 2-16; Ord. No. 4034, § 8, 3-9-92)
Sec. 2-67.1. Reserved.
Editor’s note – Ord. No. 4034, § 8, enacted Mar. 9, 1992, in its amendment of Art. V, deleted the provisions of § 2-67.1, relative to deposit of demand funds, which derived from Ord. No. 3699, enacted July 5, 1983.
Sec. 2-68. Investments for city.
When any investments are authorized by law, the city treasurer and finance director shall make such investments pursuant to Idaho Code, Section 50-1013. (Code 1960, § 2-16; Ord. No. 4034, § 8, 3-9-92)
State law reference – Deposit and investment of funds by treasurer, Idaho Code, § 50-1013.
Sec. 2-69. Deputy – Created.
The city treasurer and finance director is hereby authorized and empowered to appoint such deputy or deputies to the city treasurer as may be necessary to carry out the functions of the treasurer and finance director. (Code 1960, § 2-16; Ord. No. 4034, § 8, 3-9-92)
Sec. 2-70. Same – Bonding requirement.
All deputies shall be required to post bond for the faithful performance of their duties. The amount of the bond shall be fixed by the city manager or council. (Code 1960, § 2-16; Ord. No. 4034, § 8, 3-9-92)
Sec. 2-71. Reserved.
Editor’s note – Ord. No. 4034, § 8, enacted Mar. 9, 1992, in its amendment of Art. V, deleted the provisions of § 2-71, relative to removal of deputies, which derived from § 2-16 of the 1960 Code.
Sec. 2-72. Offices of city treasurer and finance director may be held by different persons.
In the discretion of the council, the offices of finance director and city treasurer may be held by different persons; provided however, that nothing herein shall be construed as derogating from any of the powers or duties of the city treasurer imposed by law. (Ord. No. 3298, § 1, 12-29-75; Ord. No. 4034, § 8, 3-9-92)
Editor’s note – Ord. No. 3298, § 1, adopted Dec. 29, 1975, amended § 2-16 of the 1960 Code by adding provisions which, at the discretion of the editor, have been codified herein as § 2-72.
Secs. 2-73 – 2-76. Reserved.
ARTICLE VI COUNCIL FACILITIES ACCOUNT
Sec. 2-77. General fixed asset account – Created.
There is hereby created within the general fund of the city a special account to be designated the general fixed asset account from which the city council may make expenditures for the repair, maintenance or replacement of city buildings or fixtures, based on the most critical needs as established by the building depreciation schedule. (Ord. No. 4144, § 1, 9-11-95)
Sec. 2-78. Revenues and expenditures from general fixed asset account.
(a) All revenues for the general fixed asset account shall be made in the discretion of the council during the budget process and may be based upon projected depreciation of city-owned structures and facilities.
(b) Each expenditure from the general fixed asset account shall be made only with the express approval of the city council. (Ord. No. 4144, § 1, 9-11-95)
Editor’s note – Ord. No. 4034, § 9, enacted Mar. 9, 1992, repealed §§ 2-77 and 2-78, relative to the office of finance director, derived from Ord. No. 3210, § 1, adopted June 3, 1974.
Secs. 2-79 – 2-88. Reserved.
ARTICLE VII RESERVED4
Secs. 2-89 – 2-108. Reserved.
ARTICLE VIII RESERVED5
Secs. 2-109 – 2-124. Reserved.
ARTICLE IX RESERVED6
Secs. 2-125 – 2-129. Reserved.
Editor’s note – Ord. No. 4034, § 9, enacted Mar. 9, 1992, repealed §§ 2-125 – 2-129, relative to funds and investments, derived from the 1960 Code, §§ 2-23, 2-25 and 2-25.1.
Sec. 2-130. Reserved.
Editor’s note – Section 2-130, relative to a central purchasing fund, was repealed by Ord. No. 3522, § 4,
enacted May 12, 1980. Said section was derived from Ord. No. 3161, § 3, adopted Sep. 17, 1973.
Secs. 2-131 – 2-140. Reserved.
ARTICLE X BUSINESS IMPROVEMENT DISTRICTS
Sec. 2-141. Declaration of policy.
Chapter 26, Title 50, Idaho Code, grants to cities the authority to create business improvement districts within the corporate boundaries of the city. Final authority for the creation of a business improvement district rests with the city council, therefore, the city council adopts the following regulations to assist the city in the verification of petitions submitted pursuant to state law. (Ord. No. 4114, § 1, 9-19-94)
Sec. 2-142. Contents of petition.
(a) In order for a business improvement district petition to receive city council consideration, the petition’s format must be approved by the city clerk and contain the following elements required by Idaho Code:
(1) A description of the boundaries of the proposed district;
(2) The proposed uses and projects to which the proposed special assessment revenues shall be put and the total estimated cost thereof;
(3) The estimated rate of levy of special assessment with a proposed breakdown by class of business if such classification is to be used.
(b) The initiating petition shall also contain the signatures of the persons who operate businesses in the proposed district which would pay fifty percent (50%) or more of the proposed special assessments.
(c) In addition, each page of the petition shall be consecutively numbered in order to confirm the signatory for the business owner/ operator. (Ord. No. 4114, § 1, 9-19-94)
Sec. 2-143. Data sheet.
Anyone wishing to submit a business improvement district petition for consideration by the Lewiston city council shall submit a business improvement district data sheet (BIDDS) to the city clerk for approval of format prior to obtaining signatures. All businesses located within the proposed district must be listed alphabetically by business name on the BIDDS. The BIDDS shall contain the following data for each business:
(1) Business name;
(2) Business address;
(3) Business owner or operator;
(4) Contact person;
(5) Business telephone;
(6) Method of assessment;
(7) Proposed assessment;
(8) Date business signed petition;
(9) Page number of petition on which business signatory appears. (Ord. No. 4114, § 1, 9-19-94)
Sec. 2-144. Time limit for submitting petition.
After approval of the format of the petition and BIDDS, the petitioner shall have one hundred twenty (120) days to obtain the necessary signature and to submit the petition to the city clerk for validation. The date the petition is submitted to the city will constitute the deadline for determining businesses currently operating with the boundaries of the proposed district. (Ord. No. 4114, § 1, 9-19-94)
Sec. 2-145. Validation of petition by city clerk.
(a) The city clerk shall have thirty (30) days to validate petition or determine that petition is invalid.
(b) Information submitted will be verified by information contained on city of Lewiston business licenses. If the business is not licensed, the city clerk will attempt to contact the business owner/operator or designated contact person to validate information.
(c) If the petition is determined to be invalid, the petitioner shall be notified immediately by certified mail. The petitioner shall have an additional fifteen (15) days in which to obtain sufficient signatures to file a valid petition. (Ord. No. 4114, § 1, 9-19-94)
Sec. 2-146. Restriction on submission of new petition.
If petitioner is unsuccessful in obtaining a valid petition, the city council will not consider another petition concerning the identical business improvement district for a minimum of six (6) months. (Ord. No. 4114, § 1, 9-19-94)
Secs. 2-147 – 2-155. Reserved.
ARTICLE XI CODE OF CONDUCT
Sec. 2-156. Declaration of policy.
(a) The public judges its government by the way public officials and employees conduct themselves in the positions to which they are elected or appointed.
(b) The people have a right to expect that every public official and employee will conduct himself in a manner that will tend to preserve public confidence in, and respect for, the government he represents.
(c) Such confidence and respect can best be promoted if every public official and employee, whether paid or unpaid, and whether elected or appointed, will uniformly:
(1) Treat all citizens with courtesy, impartiality, fairness and equality under the law; and
(2) Avoid both actual and potential conflicts between their private self-interest and the public interest.
(d) To help public officials and employees achieve these goals is one of the objectives of this code.
(e) This code shall be in addition to, and is not intended to repeal, the city personnel policy heretofore established.
(f) The other objective is based on the proposition that no man can serve two (2) masters, nor should he attempt to do so. Therefore, this code proposes to relieve him of the impossible task of judging himself. Instead, the code places judgment in the hands of the entire council, which will review the facts and measure them by the yardstick of public morality established by this code. (Code 1960, § 2-73; Ord. No. 3026, § 1, 6-1-71)
Sec. 2-157. Definitions.
The terms used in this code are hereby defined as follows:
Financial interest: Any interest which shall yield, directly or indirectly, a monetary or other material benefit (other than the duly authorized salary or compensation for his services to the city) to the official, or employee, or to any person employing or retaining the services of the official or employee.
Official or employee: Any person elected, or appointed to or employed, or retained by any public office or public body of the city, whether paid or unpaid, and whether part-time or full-time.
Person: Any person, firm, association, group, partnership or corporation, or any combination thereof.
Personal interest: Any interest arising from blood or marriage relationships, or from close business or political association, whether or not any financial interest is involved.
Public body: Any agency, board, body, commission, committee, department or office of the city. (Code 1960, § 2-74; Ord. No. 3026, § 2, 6-1-71)
Sec. 2-158. Fair and equal treatment.
(a) Impartiality. No official or employee shall grant or make available to any person any consideration, treatment, advantage or favor beyond that which it is the general practice to grant or make available to the public at large.
(b) Use of public property. No official or employee shall request, use or permit the use of any publicly owned or publicly supported property, vehicle, equipment, labor or service for the personal convenience or the private advantage of himself or any other person. This rule shall not be deemed to prohibit an official or employee from requesting, using or permitting the use of such publicly owned or publicly supplied property, vehicle, equipment, material, labor or service which it is the general practice to make available to the public at large, or which are provided as a matter of stated public policy for the use of officials and employees in the conduct of official business. (Code 1960, § 2-75; Ord. No. 3026, § 3, 6-1-71)
Sec. 2-159. Conflict of interest.
(a) Financial or personal interest. No official or employee, either on his or her own behalf or on behalf of any other person, shall have any financial or personal interest in any business or transaction with any public body in the city unless he or she shall first make full public disclosure of the nature and extent of such interest.
(b) Disclosure and disqualification. Whenever the performance of his or her official duties shall require any official or employee to deliberate and vote on any matter involving his or her financial or personal interest, he or she shall publicly disclose the nature and extent of such interest and disqualify himself or herself from participating in the deliberation as well as in the voting.
(c) Incompatible employment. No official or employee shall engage in private employment with, or render services for any private person who has business transactions with any public body of the city unless he [or she] shall first make full public disclosure of the nature and extent of such employment or services.
(d) Representation of private persons. No official or employee shall appear on behalf of any private person, other than himself or herself, before any public body in the city.
(e) Gifts and favors. No official or employee shall accept any gift, whether in the form of money, thing, favor, loan or promise, that would not be offered or given him if he or she were not an official or employee.
(f) Confidential information. No official or employee shall, without prior formal authorization of the public body having jurisdiction, disclose any confidential information concerning any other official or employee, or any other person, or any property or governmental affairs of the city.
As used in this code, the term “confidential information” shall be defined as those records exempt from disclosure by Idaho Code, Section 9-340 as currently codified or as may be hereafter amended and shall include the subject matter of litigation in which the city is involved.
(g) Nepotism. No elected official shall appoint or vote for appointment of any person related to him or her by blood or marriage to any clerkship, office, position, employment or duty when the salary, wages, pay or compensation is to be paid out of public funds.
Councilmember’s spouses and members of their households shall not be appointed or serve on advisory commissions of the city.
(h) Other requirements. Nothing contained herein shall be construed so as to exempt any official from any other requirements of the law. (Code 1960, § 2-76; Ord. No. 3026, § 4, 6-1-71; Ord. No. 3325, § 1, 8-30-76; Ord. No. 4034, § 10, 3-9-92)
Sec. 2-160. Sanctions.
In the event that the city council shall make a determination that the conduct of any official or employee was improper, they may institute appropriate action for censure, suspension or removal from office of said official or employee. (Code 1960, § 2-77; Ord. No. 3026, § 5, 6-1-71)
Secs. 2-161 – 2-170. Reserved.
ARTICLE XII COMPREHENSIVE LIABILITY PLAN7
Sec. 2-171. Compliance with state law.
The city shall provide for a comprehensive liability plan to meet the risk of liability imposed by the Idaho Tort Claims Act, Idaho Code, Section 6-901. (Ord. No. 3821, § 2, 5-19-86)
Sec. 2-172. Risk management policy.
The city’s policy with respect to the management of risk of accidental loss shall have as its objectives the following:
(1) The protection of the city against the financial consequences of accidental losses which are catastrophic in nature.
(2) The minimization of the total long-term cost to the city of activities related to the identification, prevention and control of accidental losses.
(3) The preservation of city assets and public service capabilities from loss, destruction or depletion.
(4) Creation of a system of internal procedures providing a constant reassessment of the exposure to loss and available financial resources, including insurance.
(5) The establishment, to the extent possible, of an exposure-free work and service environment in which city personnel as well as members of the public can enjoy safety and security in the course of their daily pursuits.
(6) Providing for periodic reevaluation of the city’s comprehensive liability plan.
(7) Compliance with any federal, state or local laws, rules and regulations affecting the city’s handling of risk. (Ord. No. 3821, § 2, 5-19-86)
Sec. 2-173. Risk retention.
(a) With regard to risks of accidental loss, it shall be the city’s policy to self-insure all losses which occur with predictable frequency, and which will not have a significant impact on the city’s fiscal position.
(b) As a general guideline, the city will self-insure progressively upward to the extent that self-insurance is cost effective, does not endanger the city’s fiscal stability, and the city’s risk management capabilities are more fully developed and demonstrated. (Ord. No. 3821, § 2, 5-19-86)
Sec. 2-174. Administrator – Designated.
The comprehensive liability plan shall be administered by the city manager or his designee. (Ord. No. 3821, § 2, 5-19-86)
Sec. 2-175. Same – Responsibility for plan.
It shall be the responsibility of the administrator to provide for a comprehensive liability plan by the purchase of insurance, self-insurance or no insurance in any combination. All premium costs or loss funds shall be costs of the comprehensive liability plan. (Ord. No. 3821, § 2, 5-19-86)
Sec. 2-176. Investigation of claims.
The administrator shall provide for a program of investigation of claims against the city and shall provide for claims handling by contract or in-house. Except as provided for by section 2-179, all costs associated with claims handling shall be costs of the comprehensive liability plan. (Ord. No. 3821, § 2, 5-19-86)
Sec. 2-177. Risk management program.
The administrator shall create a program of risk management and safety engineering involving all city employees. The administrator shall conduct training in risk management for all city employees. The comprehensive insurance plan shall fund training and travel costs for employees attending municipal risk management, loss control, or other municipal insurance programs. (Ord. No. 3821, § 2, 5-19-86)
Sec. 2-178. Defense of claims.
The administrator shall provide for the defense of all claims against the city. All costs incurred in defending claims against the city including legal costs, costs of experts, costs for testing and experimentation, filing fees, discovery, copying, exhibit preparation, and mailing shall be costs of the comprehensive liability plan. If legal counsel outside the city attorney’s office is retained by the city to provide for a defense, the retained attorneys shall be supervised by the city attorney. (Ord. No. 3821, § 2, 5-19-86)
Sec. 2-179. Costs of plan.
The cost of the operation of a comprehensive liability plan shall not include salary or wage costs incurred by the city. (Ord. No. 3821, § 2, 5-19-86)
ARTICLE XIII ADVISORY COMMISSIONS8
Sec. 2-180. Advisory commissions created.
(a) There are hereby established and created the following advisory commissions of the city of Lewiston:
(1) Lewis Clark Valley Air Quality Advisory Commission.
(2) Lewiston-Nez Perce County Airport Advisory Commission.
(3) Cemetery/Urban Forestry Advisory Commission.
(4) Code Board of Appeals.
(5) Emergency Medical Service Advisory Board.
(6) Historical Preservation Advisory Commission.
(7) Library Board of Trustees.
(8) Parks and Recreation Advisory Commission.
(9) Public Educational and Governmental Programming Advisory Commission.
(10) Planning and Zoning Commission.
(11) Solid Waste Advisory Commission.
(12) Transportation Advisory Commission.
(13) Youth Advisory Commission.
(14) Lewiston Development Advocacy and Ombudsman Advisory Commission.
(b) Members of advisory boards and commissions are charged with making recommendations to the city council on issues as may be provided by city resolution, elsewhere in this code and by Idaho Code. For the purposes of this section, the term “recommendation” shall mean to render an opinion to the city council concerning a decision or course of action. The city council shall not be required to accept or act on the recommendation of an advisory board or commission. The city council may assign additional duties to advisory boards or commissions as it deems necessary. (Ord. No. 3966, § 7, 7-23-90; Ord. No. 4090, § 1, 11-1-93; Ord. No. 4124, § 1, 3-27-95; Ord. No. 4138, § 2, 8-21-95; Ord. No. 4181, § 1, 1-27-97; Ord. No. 4240, § 2, 8-16-99; Ord. No. 4305, § 1, 4-22-02; Ord. No. 4327, § 1, 3-10-02; Ord. No. 4441, § 1, 5-8-06; Ord. No. 4500, § 1, 1-7-08)
Sec. 2-181. Terms and appointment.
(a) The terms of the members of the advisory commissions enumerated in section 2-180(a) of this code shall be for three (3) years, except for the planning and zoning commission and emergency medical services advisory board whose members serve for four-year terms, the library board of trustees whose members serve for five-year terms and the youth advisory commission whose members serve for two-year terms. Unless otherwise provided by city resolution, all members of the advisory commissions shall be appointed by the mayor with the consent of the council. All members of advisory boards and commissions serve at the discretion of the city council.
(b) All vacancies of advisory boards or commissions will be advertised prior to the expiration of the term or upon receipt of a midterm resignation. Applications will be accepted by the city clerk until the established closing date. Late applications will not be considered. The city clerk will maintain all applications on file for consideration for future vacancies. A subcommittee, appointed by the mayor, shall review applications submitted for vacancies and may interview applicants if desired. After review of the applications and interviews, if desired, the subcommittee shall make a recommendation to the mayor for appointments to fill existing vacancies. (Ord. No. 3966, § 7, 7-23-90; Ord. No. 4211, § 1, 6-15-98; Ord. No. 4240, § 2, 8-16-99; Ord. No. 4305, § 1, 4-22-02)
Sec. 2-182. Residency.
Unless otherwise provided by city resolution, residency in the city of Lewiston is not a requirement for eligibility for membership on an advisory board or commission of the city. (Ord. No. 3966, § 7, 7-23-90; Ord. No. 4163, §
1, 8-19-96; Ord. No. 4211, § 2, 6-15-98; Ord. No. 4240, § 2, 8-16-99)
Sec. 2-183. Chairperson and rules of conduct.
Each advisory commission shall elect a chairperson to preside at all meetings. Each advisory commission may, subject to the review of the city council, adopt rules of conduct. Meeting times and locations are at the discretion of each advisory board or commission. Special meetings may be called as necessary. All advisory commissions shall comply with the provisions of the Idaho Open Meeting Law, Chapter 23, Title 67 of the Idaho Code. (Ord. No. 3966, § 7, 7-23-90; Ord. No. 4240, § 2, 8-16-99)
Sec. 2-184. Absenteeism.
Each member of an advisory commission shall not be absent from any three (3) consecutive commission meetings and shall attend at least seven (7) of the commission’s preceding twelve (12) regular meetings. Any member who fails to attend regular meetings as above mentioned may, by vote of the board or commission, lose membership on the advisory board or commission and the vacancy shall be filled by the mayor and council. (Ord. No. 3966, § 7, 7-23-90; Ord. No. 4240, § 2, 8-16-99)
Sec. 2-185. Compensation.
All members of advisory commissions shall serve without compensation but may be reimbursed actual expense upon the prior approval of the city manager. (Ord. No. 3966, § 7, 7-23-90; Ord. No. 4240, § 2, 8-16-99)
Sec. 2-186. Council and staff support.
The city manager may appoint a city employee to serve as a staff liaison for each advisory commission. The staff liaison shall be responsible for preparing agendas and minutes, complying with open meeting notice requirement and transmitting written recommendations from the board or commission to the city council. Staff liaison may participate in board or commission meetings but shall not vote. The mayor may appoint, with the confirmation of the council, a member of the city council to serve as a council liaison to each advisory board or commission. The council liaison may participate in board or commission meetings but shall not vote unless otherwise provided by city resolution or Idaho Code. (Ord. No. 3966, § 7, 7-23-90; Ord. No. 4034, § 11, 3-9-92; Ord. No. 4240, § 2, 8-16-99)
Sec. 2-187. Periodic review of advisory commissions.
Every two years all advisory commissions shall conduct an internal review of the commission. The review shall be forwarded to the city council for its consideration. The review shall include:
(1) Accomplishments and activities completed;
(2) Activities and action plan for future;
(3) Analysis or shared responsibilities with other advisory commissions;
(4) Analysis of activities that may be added to commission’s “charge”;
(5) Recommendations of continued existence of the advisory commission. (Ord. No. 4392, § 1, 3-14-05)
Secs. 2-188 – 2-206. Reserved.
Editor’s note – Ord. No. 4240, § 1, adopted Aug. 16, 1999, repeals §§ 2-187 – 2-206, setting out individually the membership requirements and duties of various city commissions. These sections, as amended, derived from Ord. No. 3966, § 7, adopted July 23, 1990, Ord. No. 3986, § 1, adopted Jan. 28, 1991, Ord. No. 4029, § 1, adopted Feb. 10, 1992, Ord. No. 4034, § 11, adopted March 9, 1992, Ord. No. 4090, §§ 2 – 5, adopted Nov. 1, 1993, Ord. No. 4092, § 1, adopted Dec. 12, 1993, Ord. No. 4124, § 2, adopted March 27, 1995, and Ord. No. 4181, §§ 2 and 3, adopted Jan. 27, 1997.
Cross references – Lewiston-Nez Perce County Regional Airport Commission § 5-16 et seq.; board of examiners for license for installation of gas, § 18-10 et seq.; library board of trustees, § 20-2 et seq.; board of examiners for license for installations of oil burning equipment, § 25-12; parks and recreation commission, § 26-16 et seq.; board of plumbing examiners, § 27-17 et seq.; planning and zoning commission, § 37-124 et seq.
Cross reference – Council meeting agenda preparation, § 2-20; appointment of city treasurer and finance director, §§ 2-64, 2-69; appointment of city clerk and deputy, §§ 2-52, 2-55; administration of comprehensive liability plan, § 2-174; duties as air pollution control officer, § 4-1.State law reference – City manager plan in general, Idaho Code § 50-801 et seq.
State law reference – Deposit of funds, Idaho Code, § 50-1013.
Editor’s note – Ord. No. 3522, § 3, adopted May 12, 1980, repealed Art. VII, §§ 2-89 – 2-108, relative to the department of public works, derived from Ord. No. 3153, §§ 1, 2, 4, adopted July 9, 1973, and Ord. No. 3208, § 1, adopted May 13, 1974.
Editor’s note – Article VIII, §§ 2-109 – >2-111, relative to the city historian, derived from the 1960 Code, §§ 2-22.2, 2-22.3, and Ord. No. 2806, § 1, was repealed by Ord. No. 3522, § 3, adopted May 12, 1980.
Cross references – Perpetual care fund, § 11-48 et seq.; special cemetery fund, § 11-52 et seq.; policemen’s retirement fund, § 29-1 et seq.State law reference – Finances in general, Idaho Code, § 50-1001 et seq.
Editor’s note – Section 2 of Ord. No. 3821, enacted May 19, 1986, amended Ch. 2 by adding thereto a new Art. XII, §§ 2-159 – 2-167. Inasmuch as Ch. 2 already contained provisions numbered as §§ 2-159 and 2-160, the sections of Art. XII are included herein as §§ 2-171 – 2-179.
Cross references – Airport advisory commission, § 5-3; cemetery advisory commission, § 11-2; parks and recreation advisory commission, § 26-2; urban forestry advisory commission, § 26-42.