The discussion over revised council rules turned heated at the Oct. 7 Des Moines City Council Meeting as the conversation turned personal.

A committee began work on a draft of revised council rules in April. The last time the council rules were updated was in 2006.

Councilman Dan Sherman proposed major changes to how the mayor is elected, and the extent of the duties.

Sherman wanted to remove language stating the mayor is the lead in representing the city "to those from outside the community who are interested in joint ventures and efforts to bring economic development and investments to the city, including other local governments, regional organizations and federal, state and international government representatives."

"The City Manager should be the face of the city," Sherman said. "These are not the roles of the mayor."
Sherman said he truly believed the way Des Moines has been running could be against the regulations of state law. Sherman also said he did not feel City Manager Tony Piasecki was strong enough to speak up if the mayor was infringing on his duties.

Piasecki said it was totally appropriate for the mayor to discuss the political side of developments in the city. He said the mayor is a better person to talk to about political issues than him as he is the head of the council and will have more knowledge of those issues.

Piasecki added that as soon as the conversation gets into the city's code and regulations, then that is his territory.

"I think that can be a joint discussion between me and the mayor, depending on what comes up," Piasecki said.

Mayor Bob Sheckler asked, "Why did all of this come up now?"

He said council members should be honest about the point of the amendments, which is to regulate the current mayor, not future mayors.

"He's (Sherman) paranoid as hell as to what I am doing in regards to economic development," Sheckler said.
"It seems to me whenever we have been approached by people wanting to do some economic development in the city they have wanted to speak to the mayor," Councilwoman Carmen Scott said. "I don't think we should tie anyone's hands."

"This language goes too far in suggesting the mayor has a role beyond ceremonial," Councilman Scott Thomasson said.

City Attorney Pat Bosmans said she did not have an immediate answer as to whether the city had been going against state law, or if the new language would go against state law.

The motion to remove the language was tabled until the next council meeting so staff could have a chance to review if it follows state law.

Piasecki said he felt he could 'wordsmith' it to make it clear what the mayor has the ability to speak on.
New language proposed in the draft says the mayor has the authority to issue proclamations, but no proclamation can constitute an official city action unless it is approved by a council majority.

Sherman was adamantly against this. He said even if it is not a city action since it is coming from the mayor it sounds like it the position, or opinion of the city. Sherman said instead of the mayor having the power to issue proclamations he wanted that power extended to the entire council.
Sheckler said he was surprised they were talking about it. Any proclamations he makes he puts on the consent agenda, Sheckler said.

Bosmans said any council member can speak publicly on any council action. But they do so on their own, and if what they say has any legal repercussions the city will not stand behind them.

This language formally says what mayors have been doing forever in Des Moines, according to Bosmans. It does not offer them city protection if they say something that has legal ramifications.

"If the mayor signs a proclamation on their own then they are on their own," Mayor Pro tem Dave Kaplan said.
Also proposed by Sherman was to put the position of mayor on a yearly rotation, instead of being elected for two years by council members.

Councilwoman Melissa Musser said she appreciated the concept but she did not like the idea of a council member with no experience becoming mayor. She also said not everyone will have the same drive, ability or time to fulfill the duties of the mayor.

"I believe each of us has different strengths and availability," Musser said.

Under the current language in the draft of council rules it would require any candidate for mayor to have at least two years of council experience and the mayor pro tem must have at least one year of council experience.

The motion was voted down six to one with Sherman voting in favor.