SF 2232 (LSB 5189XS (6) 83)

SENATE FILE 2232

BY  HECKROTH

A BILL FOR

An Act relating to the publication and contents of minutes of meetings of city councils and county boards of supervisors.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 331.504, subsection 1, Code 2009, is amended to read as follows:
   1.  Record the proceedings of the board. The In addition to information that is required to be included under other provisions of the Code, the minutes of the board shall include a all of the following:
   a.  A record of all actions taken and the complete text of the motions, resolutions, amendments, and ordinances adopted by the board. Upon the request of a supervisor present at a meeting, the minutes shall include a record of the vote of each supervisor on any question before the board.  The minutes shall show the results of each vote taken and information sufficient to indicate the vote of each member present.
   b.  Whether the meeting was a regular, adjourned, or special meeting.
   c.  The date, location, starting time, and ending time of the meeting.
   d.  The names of the members of the board who were present at the meeting and the names of the members who were excused or absent from the meeting.
   e.  Whether the minutes from the previous meeting were approved as read or approved as corrected. If a correction is made in the text of the minutes being approved, such corrected minutes shall be furnished by the auditor in their entirety within one week for publication in the newspaper which published the original minutes.
   f.  A description of all issues addressed by the board or raised before the board, including a list of the names of persons who addressed the board on such issues. Matters discussed in closed session pursuant to section 21.5 shall not be published until entered on the public minutes.
    Sec. 2.  Section 372.13, subsection 6, Code Supplement 2009, is amended to read as follows:
   6.  a.  Within fifteen days following a regular or special meeting of the council, the clerk shall cause the minutes of the proceedings of the council, including the total expenditure from each city fund, to be published in a newspaper of general circulation in the city.  In addition to information that is required to be included under other provisions of the Code, the minutes of the proceedings shall include the following information:
   (1)  Whether the meeting was a regular or special meeting.
   (2)  The date, location, starting time, and ending time of the meeting.
   (3)  The names of the members of the council who were present at the meeting and the names of the members who were excused or absent from the meeting.
   (4)  Whether the minutes of the proceedings from the previous meeting were approved as read or approved as corrected. If a correction is made in the text of the minutes of the proceedings being approved, the clerk shall furnish such corrected minutes in their entirety within one week for publication in the newspaper which published the original minutes.
   (5)  A description of all issues addressed by the council or raised before the council, including a list of the names of persons who addressed the council on such issues. Matters discussed in closed session pursuant to section 21.5 shall not be published until entered on the public minutes.
   (6)  A record of all actions taken and the complete text of the motions, resolutions, amendments, and ordinances adopted by the council. The minutes shall show the results of each vote taken and information sufficient to indicate the vote of each member present. 
   b.  The publication under paragraph “a” shall include a list of all claims allowed and a summary of all receipts and shall show the gross amount of the claims. The list of claims allowed shall show the name of the person or firm making the claim, the reason for the claim, and the amount of the claim. If the reason for the claims is the same, two or more claims made by the same vendor, supplier, or claimant may be consolidated if the number of claims consolidated and the total consolidated claim amount are listed in the statement. However, the city shall provide at its office upon request an unconsolidated list of all claims allowed. Matters discussed in closed session pursuant to section 21.3 shall not be published until entered on the public minutes.
   c.  However, in In cities having more than one hundred fifty thousand population, the council shall each month print in pamphlet form a detailed itemized statement of all receipts and disbursements of the city, and a summary of its proceedings during the preceding month, and furnish copies to the city library, the daily newspapers of the city, and to persons who apply at the office of the city clerk, and the pamphlet shall constitute publication as required. Failure by the clerk to make publication is a simple misdemeanor.
   d.  The provisions of this subsection are applicable in cities in which a newspaper is published, or in cities of two hundred population or over, but in all other cities, posting the statement in three public places in the city which have been permanently designated by ordinance is sufficient compliance with this subsection.
EXPLANATION
   This bill amends provisions relating to the contents and publication requirements for minutes of meetings of city councils and county boards of supervisors.
   The bill requires the minutes of the meetings of a city council or a county board of supervisors to include whether the meeting was a regular or special meeting, the date, location, starting time, and ending time of the meeting, the names of the members who were present at the meeting and the names of the members who were excused or absent from the meeting, whether the minutes of the proceedings from the previous meeting were approved as read or approved as corrected, a description of all issues addressed or raised during the meeting, and a list of the names of persons who spoke on such issues. 
   The bill requires the minutes of the proceedings of a city council to include a record of all actions taken and the complete text of the motions, resolutions, amendments, and ordinances adopted by the council. Under current law, county boards of supervisors have a similar requirement. The bill also requires that minutes of county boards of supervisors and city councils show the results of each vote taken and information sufficient to indicate the vote of each member present. Under current law applicable to county boards of supervisors, such information is only included upon request of a member.
   The bill provides that if a correction is made in the text of the minutes being approved by a city council or a county board of supervisors, such corrected minutes must be furnished in their entirety within one week for publication in the newspaper which published the original minutes.