Chapter 2
ADMINISTRATION1

Art. I.    In General, §§ 2-12-17

Art. II.    City Council, §§ 2-182-35

Art. III.    City Manager, §§ 2-362-51

Art. IV.    City Clerk, §§ 2-522-63

Art. V.    City Treasurer and Finance Director, §§ 2-642-76

Art. VI.    Council Facilities Account, §§ 2-772-88

Art. VII.    Reserved, §§ 2-892-108

Art. VIII.    Reserved, §§ 2-1092-124

Art. IX.    Reserved, §§ 2-1252-140

Art. X.    Business Improvement Districts, §§ 2-1412-155

Art. XI.    Code of Conduct, §§ 2-1562-170

Art. XII.    Comprehensive Liability Plan, §§ 2-1712-179

Art. XIII.    Advisory Commissions, §§ 2-1802-206

ARTICLE I. IN GENERAL

Sec. 2-1. Public records.

Maintenance and access to the city’s public records shall be as provided for in Chapter 1 of Title 74 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; Ord. No. 4638, § 1, 11-9-15)

Secs. 2-22-7. 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 No. 4034, adopted Mar. 9, 1992, repealed §§ 2-1 – 2-7, pertaining to public records, derived from the 1960 Code, §§ 2-67 – 2-72, and Ord.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(b) Such rules and regulations may, from time to time, be amended, supplemented, replaced or repealed by resolution duly passed by the city council.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. 2-92-17. Reserved.

ARTICLE II. CITY COUNCIL

Sec. 2-18. Presiding officer.

(a) The mayor. The mayor shall preside at all meetings of the council and shall be the recognized head of the city for all ceremonial purposes. The mayor shall be elected by majority vote of the full council. The city clerk shall call for nominations by the council; a nomination shall not require a second. The city clerk shall then, by roll call vote, take the vote of each councilor; each councilor may cast a vote for one (1) nominee. If a nominee receives a majority vote of the full council, then such nominee shall be elected as the mayor. If no nominee receives a majority vote of the full council, then a second vote between the two (2) nominees with the most votes shall be taken by roll call vote, and the nominee who receives a majority vote of the full council shall be elected as the mayor. If, following the first vote, more than two (2) nominees receive the same number of votes, then a second vote between such nominees shall be taken by roll call vote until one (1) nominee receives a majority vote of the full council. Such nominee shall be elected as the mayor.

(b) Mayor pro tem. At the time of the election of the mayor, a mayor pro tem shall also be elected by a majority vote of the full council for a term of two (2) years following the same election process as for the mayor. 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, in accordance with section 2-32 of this code.

(c) Temporary chairperson. In the event of the absence of the mayor and mayor pro tem, the city attorney shall call the council to order. If a quorum is present, those councilors present shall elect, by majority vote, a temporary chairperson for that meeting. Should the mayor or mayor pro tem arrive, the temporary chairperson shall relinquish the chair immediately upon the conclusion of the item of business then in consideration before the council.

(d) Privileges not affected by status. The presiding officer may move, second, and debate from the chair, subject only to such limitations of debate as are imposed on all councilors. The presiding officer shall not be deprived of any of the rights and privileges of a council member by reason of acting as the presiding officer. (Ord. No. 4720, § 2, 7-23-18)

Sec. 2-19. Council meetings.

(a) Regular council meetings. The council shall hold regular meetings on the second and fourth Mondays of each month. Regular meetings shall be held at the Lewiston City Library and shall begin at 6:00 p.m., or at such other location or time as shall be designated in advance. If a day fixed for a regular meeting falls on a holiday, then such meeting shall be cancelled.

(b) Work sessions. The council shall hold a work session on the first Monday of each month. Work sessions shall be held at City Hall and shall begin at 3:00 p.m., or at such other location or time as shall be designated in advance. The council has authority to act on motions and make decisions at work sessions; provided, however, the council should defer final actions and decisions on substantive policy issues to a council meeting other than a work session. During a work session, council may direct staff to take certain actions in accordance with section 2-28 of this code. If a day fixed for a work session falls on a holiday, then such work session shall be cancelled.

(c) Special meetings. Special meetings may be called by a consensus of the council or the city manager. To the extent possible, special meetings should be held on the third Monday of the month, if needed.

(d) Executive sessions. Executive sessions may be placed on a meeting agenda by the presiding officer, city manager, or city attorney. Only council members, the city manager, the city attorney, and persons specifically invited by the council, the city manager, or the city attorney shall be allowed to attend executive sessions. Matters discussed in executive session shall not be disclosed by any person present during such session.

(e) Compliance with Idaho Code. All meetings of the council shall comply with the requirements set forth in Chapter 2 , Title 74, Idaho Code. All council meetings and work sessions shall be open to the public, except executive sessions.

(f) Notice to media. Written notice of council meetings shall be provided to news media that previously requested such notice in writing.

(g) Public comments. The council may only take public comment in accordance with section 2-29 of this code.

(h) Electronic communications. Councilors shall not communicate privately during council meetings, including through emails, texts, social media, and other similar forms of communication; provided, however, councilors may respond to personal emergencies during council meetings. If a councilor uses an electronic device during a council meeting to acquire information on a subject pending before the council, then such councilor shall inform the other councilors of the source of information and the information acquired. Additionally, when an email relates to a matter that may come before the council in the foreseeable future, then a councilor shall not send an email to a quorum of the city council regarding such matter, nor shall a councilor “reply all” or reply to a quorum of the council when he or she receives such an email.

(i) Councilor attendance and participation. Councilors shall devote as much of their time to the duties of their offices as an efficient and faithful discharge thereof may require. Councilors shall attend all meetings of the council unless excused therefrom by the mayor, city manager, or a majority of the councilors. When a councilor is excused from a meeting, such councilor shall inform the city clerk at least forty-eight (48) hours prior to the meeting, unless the councilor’s absence is an emergency and such notification is not possible. Councilors shall perform all duties reasonably expected of them by nature of their office, including, but not limited to, the consideration of ordinances and resolutions, as well as investigation and study of work done for the city according to the committees upon which they may be appointed. (Ord. No. 4720, § 2, 7-23-18)

Sec. 2-20. Order of business and agenda.

(a) Order of business. The order of business for regular meetings of the council shall be as follows; provided, however, that when it appears to be in the best interest of the public, the order of business may be changed for a single meeting by two-thirds (2/3) vote:

(1) Opening exercises (includes call to order, pledge of allegiance, announcements, approval of additions and deletions to the agenda, proclamations, awards, ceremonial presentations, and citizen comments).

(2) Public hearings (includes deliberations and decisions and deliberations from hearings held over from previous meetings).

(3) Consent calendar (includes approval of minutes, adoption of routine resolutions, and items of business requiring council action). Items pulled from the consent calendar at the request of a councilor will be considered at the end of the active agenda.

(4) Active agenda.

(5) Unfinished and new business.

(6) Executive session, if called for.

(7) Adjournment.

(b) Agendas. The city clerk shall prepare an agenda for regular and special meetings and work sessions. Council approval of agendas shall not be required.

(c) Agenda packets. In order to be included in the agenda packet, communications to the mayor and the council concerning matters on the agenda must be submitted to the city clerk no later than 10:00 a.m. five (5) business days prior to the date of the council meeting where the matter will be considered. In exceptional circumstances, agenda item materials may be submitted to the city clerk after this time, but in no case later than 12:00 p.m. one (1) business day prior to the date of the council meeting. Any councilor may have a communication concerning a matter on the agenda that does not meet the timelines in this subsection included in the record. The city clerk shall distribute materials for regular meetings to the council no later than three (3) business days preceding the meeting.

(d) Placement of items on the agenda.

(1) Agenda requests. City staff shall submit requests for items to be placed on the next council agenda to the city clerk at least eight (8) business days preceding the meeting. The city manager shall review and finalize the agenda. Councilors may place items on the agenda either by approval of the city manager or upon a majority vote of the council.

(2) Consent agenda. In order to expedite council business, approval of minutes and other routine agenda items shall be placed on the consent agenda. The presiding officer shall read the consent agenda, and all items on the consent agenda shall be approved by a single motion unless an item is removed from the consent agenda for further consideration. A councilor may remove any item from the consent agenda for separate consideration.

(e) Removal of items from the agenda. The council may remove an item from a meeting agenda by majority vote at any time prior to consideration of the active agenda.

(f) Addition of items to the agenda. After a meeting has started, the council may amend the agenda in accordance with Chapter 2 , Title 74, Idaho Code, which requires a good faith reason that the agenda item was not included in the original agenda posting. Council shall only add items that: (1) were not foreseen when the original agenda was posted, and (2) are urgent matters that require immediate attention by council and cannot wait to be addressed until the next council meeting.

(g) Postponement of consideration prior to the meeting. A councilor may request that consideration of an agenda item be postponed to a subsequent meeting if the councilor is unable to attend the meeting during which the item has been scheduled for consideration. A councilor requesting postponement of consideration shall submit a request to the city manager in writing as early as possible. The request to postpone should be honored unless the matter must be acted upon at that meeting due to deadlines or other matters of timing. If the request to postpone an item is made after an agenda has been posted, and less than forty-eight (48) hours prior to a regular meeting or less than twenty-four (24) hours prior to a special meeting, then the council shall vote on whether to postpone such item.

(h) Proclamations and awards. Special recognition, awards given to or by the city of Lewiston, and proclamations that serve to encourage and educate the community may be placed on the agenda at the discretion of the mayor or city manager. Requests for proclamations should be submitted in writing to the mayor or city manager.

(i) Council and city manager comments. The mayor, each councilor, and the city manager or his or her designee shall have the opportunity to comment on any item of public interest during new business; provided, however, such comments shall not be related to an item currently before the council or an item that may come before the council in the foreseeable future. (Ord. No. 4720, § 2, 7-23-18)

Sec. 2-21. Communications.

(a) Prohibited. Anonymous communications shall not be introduced in council meetings.

(b) To mayor and council. Communications to the mayor and the council concerning matters not on the agenda shall be provided to the mayor and the council upon receipt. A councilor may briefly present a communication that raises a matter of general interest to the city under new business and, by majority vote of the councilors present, have such matter placed on a subsequent agenda for discussion by the council.

(c) To city manager. The city manager may bring any matter raised by a communication to the attention of the council as an agenda item; provided, that such communication is accompanied by a staff report setting forth the reason the matter should be considered by the council and making a recommendation for council action. (Ord. No. 4720, § 2, 7-23-18)

Sec. 2-22. Minutes.

(a) Idaho Code. Meeting minutes of the council shall comply with Chapter 2 , Title 74, Idaho Code.

(b) Maintained by city clerk. Meeting minutes shall be maintained by the city clerk in accordance with the city’s records retention schedule.

(c) Contents. Minutes of regular meetings, special meetings, emergency meetings, and work sessions shall, at a minimum, contain the following information:

(1) The date, time, and place of the meeting or session;

(2) The names of councilors recorded as either present or absent;

(3) A general description of all matters considered during the meeting or session;

(4) All motions, resolutions, orders, and ordinances proposed and their disposition;

(5) The results of all votes, and if the vote is by roll call or upon the request of a councilor, the vote of each councilor by name; and

(6) If applicable, a reference to the specific statutory section authorizing an executive session and sufficient detail to identify the purpose and topic of the executive session.

(d) Councilor protests. A councilor shall have the right to have the reason(s) for his or her dissent from, or protest against, an action of the council entered in the minutes.

(e) Approval. Approval of the minutes shall not require reading of the minutes in open meeting prior to approval. Minutes may be revised at any time by the city clerk only to correct spelling, numbering, and other technical or grammatical errors. Prior to approval, a councilor may request an amendment or correction to the minutes to accurately reflect the substance of any motion, amendment, or matter considered during the meeting to which the minutes pertain. If objection is made by another councilor to such amendment or correction, the amendment or correction shall only be made upon a majority vote of the council. If the facts of the minutes are disputed, then the approval of the minutes shall be postponed to the next meeting, and the city clerk shall validate the information from appropriate sources.

(f) Recordings. Unless otherwise required by law, council meetings are not required to be recorded. However, council meetings may be recorded and, if so, such recording shall be maintained in accordance with the city’s records retention schedule. (Ord. No. 4720, § 2, 7-23-18)

Sec. 2-23. General decorum.

(a) Presiding officer. The presiding officer shall preserve decorum and decide all points of order, subject to appeal to the council.

(b) Councilors. Councilors shall preserve order and decorum during council meetings and shall not, by conversation or other action, delay or interrupt the proceedings or refuse to obey the orders of the presiding officer or the rules set forth in this article. Councilors shall, when addressing staff or members of the public, confine themselves to questions or issues then under discussion; shall not engage in personal attacks; shall not impugn the motives of any speaker; and shall, at all times while in session or otherwise, conduct themselves in a manner appropriate to the dignity of their office.

(c) Staff and public. City employees and persons attending council meetings shall observe the same rules of procedure, decorum, and good conduct applicable to councilors.

(d) Removal from meeting. Any person who disrupts a council meeting by making personal, impertinent, slanderous, or unauthorized remarks, or who becomes disruptive while addressing the council or attending a council meeting shall first be warned by the presiding officer that they are out of order and that further disruption shall be cause to remove the person from the meeting. If the person continues to cause a disruption after being warned, the presiding officer shall direct the sergeant-at-arms to remove the person. In case the presiding officer should fail to act, any member of the council may obtain the floor and move to require enforcement; upon affirmative vote of the majority of the councilors present, the sergeant-at-arms shall be authorized to remove the person or persons, as if the presiding officer so directed.

(e) Enforcement of decorum. The city manager, or such member or members of the Lewiston police department as the city manager shall designate, shall serve as the sergeant-at-arms of the council meetings and shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum. (Ord. No. 4720, § 2, 7-23-18)

Sec. 2-24. Rules of debate.

(a) Recognition by presiding officer. A councilor desiring to speak at a council meeting shall address the presiding officer and, upon recognition by the presiding officer, shall confine himself or herself to the question under debate, avoiding all personalities and indecorous language.

(b) Interruptions prohibited. A councilor, once recognized by the presiding officer, shall not be interrupted when speaking unless it is to be called to order or as otherwise provided herein. If a councilor, while speaking, is called to order, the councilor shall cease speaking until the question of order is determined and, if in order, the councilor shall be permitted to proceed.

(c) Close of debate. The councilor moving for the adoption of an ordinance or resolution shall have the privilege of closing the debate.

(d) Call for the question. A councilor may call for the question upon being recognized by the presiding officer. If the motion to call for the question is seconded, debate shall not be allowed, and the motion must be approved by two-thirds (2/3) of the councilors present. If the motion is so approved, the council shall immediately vote on the underlying question without further debate. (Ord. No. 4720, § 2, 7-23-18)

Sec. 2-25. Consideration of business.

(a) Quorum. A majority of the full council shall constitute a quorum to do business. A lesser number of councilors may meet and adjourn, but no final actions or decisions shall be taken or made at such meetings.

(b) Roll call votes. Roll call votes shall be taken when required by law. Additionally, a roll call vote shall be taken upon any question before the council upon demand by a councilor.

(c) Voting required. Unless otherwise provided by law or this article, every councilor present when a question is put forth shall vote for or against the same. Unless excused from voting, if a councilor refuses or fails to vote, and the result of such refusal or failure creates a tie, that councilor’s vote shall be counted as an “aye.” If a councilor is excused from voting, that councilor may be counted for purposes of determining a quorum, but shall not be counted toward the minimum number of votes required to pass or reject a motion.

(d) Conflicts of interest – In general. If a councilor determines he or she has a conflict of interest (as defined in Chapter 4 , Title 74, Idaho Code), then such councilor, prior to deliberating or voting on an issue, shall disclose the nature and extent of his or her conflict. After disclosure, a councilor may either: (1) request to be excused from debate and voting by a majority vote of the other councilors present, or (2) proceed with debate and/or voting. If a councilor is excused, the councilor shall remain on the telephone or premises for the purpose of maintaining a quorum, if needed.

(e) Conflicts of interest – Land use actions. A councilor shall not participate in any land use proceeding or action in which he or she has a conflict of interest in accordance with the requirements set forth in Idaho Code, Section 67-6506.

(f) Conflicts of interest – Urban renewal. A councilor shall not participate in any urban renewal action in which he or she has a conflict of interest in accordance with the requirements set forth in Idaho Code, Section 50-2017.

(g) Minimum votes required in certain situations. In accordance with Idaho Code, Section 50-902, the passage of any ordinance shall require the affirmative vote of a majority of councilors present at the meeting at which such ordinance is moved for adoption.

(h) Tie vote. A motion shall fail if votes upon such motion are tied. If a tie vote occurs in the appeal of a quasi-judicial matter, the decision by the previous decision-making body shall be affirmed. (Ord. No. 4720, § 2, 7-23-18)

Sec. 2-26. Motion to reconsider.

A motion to reconsider an action taken by the council must be made: (1) prior to adjournment of the next regular council meeting, or (2) prior to an ordinance or resolution that is the subject of the motion to reconsider becoming effective, whichever is earlier. Such motion must be made by a councilor on the prevailing side, may be seconded by any councilor, and shall require a vote of the majority of councilors present at the meeting in which the motion to reconsider is made. A motion to reconsider is debatable and shall have precedence over all other motions. (Ord. No. 4720, § 2, 7-23-18)

Sec. 2-27. Substitute motions.

A substitute motion is a motion that proposes to replace a pending main motion in its entirety. If seconded, debate on the relative merits of the main motion and the substitute motion shall be in order. If approved, a substitute motion shall stand as the main motion, and the original main motion shall be deemed to have failed. If the substitute motion fails, vote shall proceed to the main motion. (Ord. No. 4720, § 2, 7-23-18)

Sec. 2-28. Council requests of staff.

A councilor may request assistance from city staff in accordance with this section. If a request for staff assistance is estimated to require less than one (1) hour of time, such request may be approved by the city manager without council action. If a request for staff assistance is estimated to require one (1) hour or more of time, such request must be approved by a majority of the councilors present at the meeting in which the request is made prior to staff time being utilized. (Ord. No. 4720, § 2, 7-23-18)

Sec. 2-29. Public comment.

(a) Opportunities to comment. Public comment shall be allowed at every regular meeting of the council in accordance with this section. Public comment shall only be received by council during citizens’ comments, public hearings, or when authorized by the presiding officer.

(b) Recognition and identification. A person shall not provide public comment unless and until recognized by the presiding officer. Persons providing public comment shall identify themselves by their names and by their cities of residence, but shall not be required to disclose their mailing or home addresses.

(c) Time limit. Persons making comments during citizens’ comments and public hearings shall be limited to three (3) minutes each, unless additional time is allowed by the presiding officer.

(d) Councilor questions. Councilors may, after obtaining the floor, ask questions of speakers during public comment. Councilors shall use restraint when exercising this option, and shall attempt to limit questioning to three (3) minutes. The presiding officer may intervene if a councilor is violating the spirit of this guideline.

(e) Audio and visual materials. Persons providing public comment may utilize audio and visual materials during the time permitted for their comments, and they may utilize city-provided audio or visual equipment located in the council chambers. It is recommended that persons wishing to utilize audio or visual materials provide such materials to city staff prior to the meeting to avoid a delay or disruption of the meeting.

(f) Citizens’ comments. During citizens’ comments, a person may address an agenda item or any issue of city business, but shall not address matters that are or will likely be the subject of a public hearing. Citizens’ comments shall not be used to testify about a quasi-judicial land use matter that has been or is scheduled to be heard by the planning and zoning commission, or to provide additional testimony or information on any matter after the official record of such matter has been closed. Persons commenting may request that items be placed on a future agenda for further discussion; such requests are subject to approval by the city manager or a majority vote of the council.

(g) Comments regarding specific city employees. Comments regarding the performance of a specific city employee are not appropriate during citizens’ comments. Instead, a person wishing to comment on the performance of a specific city employee should schedule a meeting with the city manager. The city manager may then, in his or her discretion, invite such person to a meeting with the council in a duly-noticed executive session.

(h) Repetitive comments. The presiding officer may determine that comments regarding matters that have been previously heard and/or decided by the council are not appropriate for citizens’ comments. (Ord. No. 4720, § 2, 7-23-18)

Sec. 2-30. Public hearings.

(a) When held. A public hearing shall be held when required by law or upon majority vote of the councilors present. Public hearings shall be duly noticed.

(b) Identification. All persons shall, prior to giving testimony, state their full names and indicate whether they are residents of the city of Lewiston. Persons testifying shall not be required to state their home addresses.

(c) Procedure. The following order of procedure shall be observed for a public hearing:

(1) The presiding officer shall announce the subject of the public hearing as it is set forth on the agenda, inform the public of any time limits that apply to testimony, and then declare the public hearing open.

(2) Staff shall present a report to the council.

(3) The applicant, in a quasi-judicial hearing, may testify and/or give a presentation to council.

(4) Council shall accept testimony from other members of the public, including affected persons in a quasi-judicial hearing. No person shall testify until the person has been recognized by the presiding officer. All testimony shall be addressed to the council as a body and not to an individual councilor.

(5) The council may ask questions of city staff.

(6) The applicant, in a quasi-judicial hearing, may give rebuttal; provided, that such rebuttal shall be limited to the matters introduced in the hearing.

(7) The presiding officer shall close the public hearing.

Cross-examination of persons testifying at the public hearing shall not be allowed. An applicant shall be allowed the last communication to the council before the public hearing is closed. Quasi-judicial land use hearings shall also be subject to the provisions of Chapter 37 of this code.

(d) Written testimony, exhibits, and evidence. Written testimony, exhibits, and evidence may be submitted to the city clerk prior to the conclusion of the public hearing. Copies of such written testimony, exhibits, and evidence shall be distributed to the applicant and all councilors. If an exhibit or piece of evidence is unable to be copied, the applicant and all councilors shall have an opportunity to examine such exhibit or piece of evidence. In the event that written testimony, exhibits, or evidence is submitted during a public hearing, the council shall review such written testimony, exhibits, or evidence and allow sufficient time for the applicant to review such written testimony, exhibits, or evidence. The applicant shall be allowed to address the written testimony, exhibits, and evidence during the applicant’s rebuttal. Written testimony, exhibits, and evidence submitted to the city clerk shall be included as part of the record of the public hearing.

(e) Public records. Oral testimony, recordings of public hearings, and documents and evidence submitted to the city clerk in the course of public hearings are public records. Therefore, if a person does not wish to have his or her personal information disseminated to the public (such as home address, personal email address, or personal telephone number), then he or she should take care not to include such personal information when testifying or submitting documents or evidence to the city clerk.

(f) Time limits. Persons testifying during legislative or administrative hearings shall be limited to three (3) minutes each, or such other time limit fixed by the presiding officer. Persons testifying at quasi-judicial hearings shall be limited to the following time limits, or such other time limit fixed by the presiding officer:

(1) Staff presentation: fifteen (15) minutes;

(2) Applicant testimony/presentation: fifteen (15) minutes;

(3) Affected persons testimony: three (3) minutes per person;

(4) Council questions of city staff: No time limit;

(5) Applicant’s rebuttal: seven (7) minutes.

A person testifying shall not be interrupted until such time limit has expired or until he or she has finished his or her statement.

(g) Council questions. Councilors may, after recognition by the presiding officer, ask clarifying or follow-up questions of a person providing testimony after such person has completed his or her testimony. Questions posed by councilors should seek to clarify a person’s testimony and should not be used to lengthen or expand the testimony of such person. Questions by the council and answers in response thereto shall not be included in the person’s time limit. Councilors shall use restraint and be considerate of the meeting time of the council when exercising this option. The presiding officer may intervene if a councilor is violating the spirit of this section.

(h) Continuance. Prior to closing the public hearing, council may continue the public hearing to a date certain or indefinitely upon a majority vote of the councilors present. In the event that additional written testimony is submitted during the continuance period, such written testimony shall be provided to the applicant and all councilors, and the applicant shall be allowed to address the written testimony during the applicant’s rebuttal.

(i) Deliberations and decision. Following the closing of a public hearing, the council may deliberate on the issue and render a decision. During deliberations, each councilor shall have an opportunity to express his or her opinions. (Ord. No. 4720, § 2, 7-23-18)

Sec. 2-31. Membership on boards and commissions.

Councilors may serve as city council liaisons to city advisory boards and commissions, as set forth in Article XIII of this chapter, except for the planning and zoning commission. The city council shall appoint one (1) councilor to serve on the urban renewal agency board as a voting member and may appoint proxies in accordance with the bylaws of such agency. Councilors may serve on community boards and commissions in their personal capacities without approval from the council. (Ord. No. 4720, § 2, 7-23-18)

Sec. 2-32. Vacancies on city council.

(a) Application. When a permanent vacancy on the city council occurs, the city manager shall ensure that adequate public notice of the vacancy is disseminated. The notice shall inform interested persons: (1) they may submit an application setting forth their qualifications and background and a statement of the reasons they wish to be considered to fill the vacancy; (2) application materials shall be filed with the city clerk; and (3) the deadline for submission of the materials. Any person who meets the qualifications set forth in Idaho Code, Section 50-702 and timely submits an application shall be considered to fill the vacancy.

(b) Council review. After the deadline for the filing of application materials, the mayor shall recommend a process to the council for reviewing applications and interviewing applicants. The mayor’s recommendation shall be approved by a majority of the councilors present at the meeting.

(c) Appointment. The mayor shall appoint an applicant to fill the vacancy or direct the city manager to readvertise the vacancy. In the event that the mayor appoints an applicant, such appointment shall be subject to the majority vote of councilors present at the meeting. If a majority of councilors present at the meeting do not consent to the appointment, then the city manager shall readvertise the vacancy.

Following the appointment, the city clerk shall administer the oath of office, and the appointee shall take his or her seat on the council.

(d) Term of office. The appointee shall serve only until the next general city election, at which time such vacancy shall be filled for the balance of the original term. (Ord. No. 4720, § 2, 7-23-18)

Sec. 2-33. Attendance by electronic means.

(a) Requirements. Councilors may attend council meetings via a telecommunications device, including telephone or video conferencing; provided, that the following conditions are met:

(1) The councilor notifies the city manager at least twenty-four (24) hours prior to the meeting that the councilor would like to attend via a telecommunications device;

(2) At the commencement of the meeting, the presiding officer publicly states for the record that the councilor is attending the meeting via a telecommunications device;

(3) At least one (1) councilor is physically present at the location designated in the meeting notice;

(4) Communications among the councilor attending via a telecommunications device and the councilors physically present at the meeting location are audible to the public attending the meeting in person and the council; and

(5) Any other applicable requirement set forth in Chapter 2 , Title 74, Idaho Code.

(b) Presiding officer. To avoid confusion and promote efficiency, if the mayor will attend a meeting via a telecommunications device, then the mayor pro tem shall act as the presiding officer for the meeting. If the mayor pro tem will attend a meeting via a telecommunications device, then the mayor may select a temporary mayor pro tem for the meeting. (Ord. No. 4720, § 2, 7-23-18)

Sec. 2-34. Council compensation.

Council compensation shall be fixed in accordance with Idaho Code, Section 50-203. As of January 1, 2020, the mayor shall receive as compensation one thousand dollars ($1,000.00) per month. All other councilors shall receive as compensation seven hundred dollars ($700.00) per month. (Ord. No. 4720, § 2, 7-23-18)

Sec. 2-35. Suspension of rules.

Except as otherwise provided herein or required by law, the provisions set forth in this article, or portions thereof, may be temporarily suspended by a vote of two-thirds (2/3) of the councilors present. The vote on any such suspension shall be entered upon the record. (Ord. No. 4720, § 2, 7-23-18)

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. 2-452-51. 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. 2-562-58. 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. 2-592-63. 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. 2-732-76. 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.

Sec. 2-79.1. Purpose.

The purpose of this section is to establish how fees adopted by the city council and special taxes approved by voters are accounted for and allocated. (Ord. No. 4591, § 2, 2-11-13)

Sec. 2-79.2. Definitions.

(a) Emergency: An emergency situation is defined as any extraordinary physical or financial disaster, any emergency work required to prepare for a physical disaster or any action required to safeguard the public health, safety or welfare in the event of such an emergency.

(b) Excess funds: Excess funds are defined as fees or special taxes that are collected and which exceed what is usual, proper or necessary for the purpose for which a fee or special tax is created. Usual, proper or necessary expenditures of funds shall include the establishment of reasonable reserves as recommended by the Governmental Accounting Standards Board (GASB). (Ord. No. 4591, § 2, 2-11-13)

Sec. 2-79.3. Policy.

Fees or special taxes will be deposited into such funds as are designated by the city council and their use will be restricted to those funds except in the event of an emergency declared by a majority vote of the city council.

Excess funds accumulated from fees and special taxes shall be refunded to those who paid such excess fees or special taxes. (Ord. No. 4591, § 2, 2-11-13)

Sec. 2-79.4. Prohibition.

No elected or appointed city official shall approve or issue any financial instrument that has the effect of transferring or loaning monies from one (1) city fund to another except in the event of an emergency declared by a majority vote of the city council or if required by law. (Ord. No. 4591, § 2, 2-11-13; Ord. No. 4597, § 1, 8-19-13)

Secs. 2-802-88. Reserved.

ARTICLE VII. RESERVED4

Secs. 2-892-108. Reserved.

ARTICLE VIII. RESERVED5

Secs. 2-1092-124. Reserved.

ARTICLE IX. RESERVED6

Secs. 2-1252-129. 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. 2-1312-140.  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. 2-1472-155.  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. 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 follow the procedure set forth in section 2-25 of this code.

(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; Ord. No. 4720, § 3, 7-23-18)

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. 2-1612-170. 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 boards and commissions created.

(a) There are hereby established and created the following advisory boards and commissions of the city of Lewiston:

(1) Lewis Clark Valley air quality advisory commission.

(2) Cemetery/urban forestry advisory commission.

(3) Code board of appeals.

(4) Emergency medical service advisory board.

(5) Historical preservation advisory commission.

(6) Library board of trustees.

(7) Parks and recreation advisory commission.

(8) Public educational and governmental programming advisory commission.

(9) Planning and zoning commission.

(10) Youth advisory commission.

(11) Disabilities advisory commission.

(b) The city council may form ad hoc committees at its discretion for the purpose of making recommendations to the city council on specific issues. Unless otherwise provided by city resolution, members of ad hoc committees shall be subject to the same rules and standards as members of advisory boards and commissions, as herein described.

(c) 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; Ord. No. 4547, § 1, 7-26-10; Ord. No. 4554, § 1, 11-22-10; Ord. No. 4605, § 1, 4-28-14; Ord. No. 4661, § 1, 5-9-16)

Sec. 2-181. Terms and appointment.

(a) The terms of the members of the advisory boards and commissions enumerated in section 2-180(a) of this code shall be for three (3) years, except as provided below:

(1) The terms of the members of the planning and zoning commission and the emergency medical services advisory board shall be for four (4) years.

(2) The terms of the members of the library board of trustees shall be for five (5) years.

(3) The terms of the members of the youth advisory commission shall be for two (2) years.

(4) The terms of the members of the disabilities advisory commission appointed during calendar year 2017 shall be as follows:

a. The terms of three (3) members shall be for three (3) years;

b. The terms of two (2) members shall be for two (2) years; and

c. The terms of two (2) members shall be for one (1) year.

The terms of the members of the disabilities advisory commission appointed on or after January 1, 2018, shall be for three (3) years.

(b) Unless otherwise provided by city resolution, all members of the advisory boards and commissions shall be appointed by the mayor with the consent of the city council and may in like manner be removed. All members of advisory boards and commissions serve at the discretion of the city council. Five (5) to nine (9) members shall be appointed to each advisory board or commission.

(c) 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; Ord. No. 4661, § 2, 5-9-16; Ord. No. 4695, § 1, 8-21-17)

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 board and commission shall elect a chairperson to preside at all meetings. Each advisory board and 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 boards and commissions shall comply with the provisions of the Idaho Open Meeting Law, Chapter 2, Title 74 of the Idaho Code. (Ord. No. 3966, § 7, 7-23-90; Ord. No. 4240, § 2, 8-16-99; Ord. No. 4661, § 3, 5-9-16)

Sec. 2-184. Absenteeism.

Each member of an advisory commission or board shall not be absent from any three (3) consecutive commission or board meetings and shall attend at least seven (7) of the commission or board’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; Ord. No. 4661, § 4, 5-9-16)

Sec. 2-185. Compensation.

All members of advisory commissions and boards 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; Ord. No. 4661, § 5, 5-9-16)

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 and board. 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; Ord. No. 4661, § 6, 5-9-16)

Sec. 2-187. Periodic review of advisory commissions and boards.

Every two years all advisory commissions and boards shall conduct an internal review of the commission or board. 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 or boards;

(4) Analysis of activities that may be added to the commission or board’s “charge”;

(5) Recommendations of continued existence of the advisory commission or board. (Ord. No. 4392, § 1, 3-14-05; Ord. No. 4661, § 7, 5-9-16)

Secs. 2-1882-206. 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.


1

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.


2

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.


3

State law reference – Deposit of funds, Idaho Code, § 50-1013.


4

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.


5

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.


6

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.


7

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.


8

Cross references – Cemetery advisory commission, § 11-2; parks and recreation advisory commission, § 26-2; urban forestry advisory commission, § 26-42.