Chapter 4.24
APPOINTIVE COMMITTEES – GENERAL PROVISIONS

Sections

4.24.010    Definitions.

4.24.020    Actions.

4.24.030    Administrative support.

4.24.040    Appointment.

4.24.050    Compensation.

4.24.060    Conflicts of interest.

4.24.070    Meetings.

4.24.080    Minutes.

4.24.090    Officers.

4.24.100    Political affiliations.

4.24.110    Quorum.

4.24.120    Removal from office.

4.24.130    Reports.

4.24.140    Residency.

4.24.150    Rules and regulations.

4.24.160    Term expiration.

4.24.170    Vacancies.

4.24.010 Definitions.

(1) Use of Words and Phrases. As used in this title, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the indicated meanings.

(2) “Appointive committee” means an agency, board, commission, or committee of the city whose members are not elected by the citizens of the city.

(3) “Resident” means a registered voter of the city or a registered voter of an area that has successfully petitioned or voted to annex to the city where an annexation ordinance has been adopted by the city council. [Ord. 983 § 1, 1992.]

4.24.020 Actions.

An action of an appointive committee done by motion at a regular or special meeting and approved by a majority vote of those present, when those present constitute a quorum, is deemed to be an action of the appointive committee. [Ord. 983 § 2, 1992.]

4.24.030 Administrative support.

Except as otherwise provided in this title, the amount of administrative support supplied to an appointive committee is determined by the city manager; provided, that the city manager shall provide an appointive committee adequate space and facilities and necessary supplies to facilitate the official business of the appointive committee. [Ord. 983 § 3, 1992.]

4.24.040 Appointment.

(1) Except as otherwise provided in this title, members of an appointive committee are appointed by the mayor and confirmed by a majority of the city council.

(2) No person who has served two or more consecutive terms on an appointive committee shall be appointed to another term on the same appointive committee; except a person appointed to fill an unexpired term of less than two years is eligible to serve two full terms and a person who is ineligible to serve for having served two or more consecutive terms may again serve after two years have elapsed from the expiration of their last term.

(3) This section shall in no way serve to limit the number of terms a sitting councilmember may serve on an appointive committee. [Ord. 1206 § 1, 1998; Ord. 983 § 4, 1992.]

4.24.050 Compensation.

Members of an appointive committee shall serve without compensation. [Ord. 983 § 5, 1992.]

4.24.060 Conflicts of interest.

If a member of an appointive committee concludes that he/she has a conflict of interest or an appearance of fairness problem with respect to a matter pending before the appointive committee so that he/she cannot discharge his/her duties on such an appointive committee, he/she shall disqualify himself/herself from participating in the deliberations and the decision-making process with respect to the matter. [Ord. 983 § 6, 1992.]

4.24.070 Meetings.

Except as otherwise provided in this title, an appointive committee shall meet at 21630 - 11th Avenue South, which is the location of the Des Moines City Hall. [Ord. 983 § 7, 1992.]

4.24.080 Minutes.

Minutes are taken of each appointive committee meeting and copies distributed to each committee member, the city manager, and the city council. [Ord. 983 § 8, 1992.]

4.24.090 Officers.

Except as otherwise provided in this title, the meetings of an appointive committee are chaired by a presiding officer and in the absence of that member by a vice presiding officer, who are elected at the first regular meeting of each calendar year. [Ord. 983 § 9, 1992.]

4.24.100 Political affiliations.

Members of appointive committees are selected without respect to political affiliations. [Ord. 983 § 10, 1992.]

4.24.110 Quorum.

A majority of the members of an appointive committee shall constitute a quorum for the transaction of business. [Ord. 983 § 11, 1992.]

4.24.120 Removal from office.

(1) Except as otherwise provided in this title, a member of an appointive committee may be removed from office for cause by the mayor with the concurrence of a majority of the city council.

(2) The grounds for removal are:

(a) More than one absence per calendar year from duly called meetings, unless:

(i) The absence was work related or was due to personal or family illness; and

(ii) The absence is excused by the presiding officer of the appointive committee; or

(b) Failure to abide with the provisions of DMMC 4.24.060; or

(c) Inefficiency; or

(d) Malfeasance, as that expression is defined in statutory and common law; or

(e) Neglect of duty; or

(f) Special malfeasance, which is defined as:

(i) Willfully bringing to the table or placing on the agenda a subject beyond the scope of authority of the appointive committee as defined in this title; or

(ii) Deliberate refusal to abide by the rules of procedure adopted by the appointive committee.

(3) Such removal may be initiated by:

(a) Official action of the appointive committee recommending removal; or

(b) The mayor.

(4) The city clerk shall send via certified mail written notification of the pending removal within five days of the action initiating removal to the member.

(5) Within 10 days of receipt of a notice of removal, the member may file a written request with the city clerk requesting a hearing before the city council.

(6) No member is removed from an appointive committee while a hearing before the city council is pending. [Ord. 983 § 12, 1992.]

4.24.130 Reports.

An appointive committee, by March 1st of each year, shall make a full report in writing to the city council of its transactions and expenditures, if any, for the preceding year and such general recommendations as to matters covered by its prescribed duties and authority as may seem proper. [Ord. 983 § 13, 1992.]

4.24.140 Residency.

(1) Except as otherwise provided in this title, members of an appointive committee are residents of the city.

(2) Except as otherwise provided in this title, the position held by a member of an appointive committee ceasing to be a resident of the city shall immediately become vacant. [Ord. 983 § 14, 1992.]

4.24.150 Rules and regulations.

Rules and regulations for the election of the presiding and vice presiding officers and the conduct of business before an appointive committee are adopted by a majority of the members of the appointive committee. [Ord. 983 § 15, 1992.]

4.24.160 Term expiration.

Except as otherwise provided in this title, each position shall expire on December 31st of the last year of the term. [Ord. 983 § 16, 1992.]

4.24.170 Vacancies.

Membership vacancies in an appointive committee occurring, otherwise than through expiration of term, are filled for the unexpired term. [Ord. 983 § 17, 1992.]