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The budget hearing must occur before the city certifies its property tax levy to the county commissioners. The deadline for certification is Thursday, September 8, 2011. The last day for city budget hearings is Wednesday, September 7, 2011—see Idaho Code 50-1002 & 63-803(3).
Cities may receive an extension of up to seven working days if granted by the county commissioners—see Idaho Code 63-803(3).
Please note that these dates are the deadlines set in Idaho law. Wise city officials will complete these actions earlier, providing extra time in case there are any unexpected bumps in the road (such as a newspaper failing to publish the budget hearing notice).
After the public hearing and final Council approval of the budget the Council may proceed to adopt the appropriations ordinance.
The appropriations ordinance sets the spending authority for each fund or department. The spending levels set in the appropriations ordinance cannot be exceeded unless the city amends its appropriations ordinance, which requires public notice and hearing in the same manner as outlined above for the budget hearing.
The appropriations ordinance must meet the following legal requirements—see Idaho Code 50-1003:
The appropriations ordinance must be passed by the Council and subsequently published once as a legal notice before the new fiscal year (October 1, 2011).
A copy of the appropriations ordinance must be sent to the Idaho Secretary of State’s office (P.O. Box 83720, Boise, ID 83720-0080). Model and sample appropriation ordinances are provided in Appendix E of the City Budgeting Manual.
In December 2009, the Board of Directors for the Public Employee Retirement System of Idaho (PERSI) proposed a rate increase to be phased in over a three-year period, starting July 1, 2011. The rate increase was proposed because of the unprecedented decline in global markets in 2008-09 and the ensuing U.S. recession, which resulted in lower-than-expected investment income.
At its December 2010 meeting, the PERSI Board announced its decision to postpone the rate increase until July 1, 2012. In making the decision, the Board evaluated PERSI’s current funding position, reviewed investment returns and projections, and considered the affect a rate increase would have on the budgets of public employers and employees.
“Significant investment gains in recent months bolstered PERSI’s funding status to nearly 88 percent, relieving the need for a rate increase at this time,” said Retirement Board Chairman Jody B. Olson.
The amounts for the proposed rate increase beginning July 1, 2012 are shown below.
The city council initiates the process by approving a declaration of intent by resolution or motion at a public council meeting, stating the minimum dollar value sought for the property or explaining the intended exchange or conveyance. The council may also declare that the property will be offered for sale without establishing a minimum price. Following approval of the declaration of intent, notice of a public hearing and a summary of the proposal must be published once as a legal notice in the official city newspaper, at least 14 days prior to the hearing.
After the hearing, the council may proceed to dispose of the property as outlined in the declaration of intent, whether by sale, exchange for other real property, or transfer to another public entity.
Cities may hold emergency elections to prepare for or respond to a natural disaster or to prepare for the defence of their community. These emergency elections may be held at any time. In addition to these two dates, local recall elections may also be held on:
In cities over 5,000 population, the city clerk will remain responsible for supervising campaign finance reporting.
The sole exception is those cities that have chosen to establish mayoral and/or council runoff elections by ordinance. The runoff ordinance provides that if no candidate receives a majority of the vote at the November election, then a runoff election must be held between the top two candidates within 30 days. If a runoff election is required, the city must pay the cost of the runoff election.
The declaration of candidacy must be accompanied by one of the following:
OR
All council positions filled by appointment in 2010 and 2011 are up for election at the November 8, 2011 general city election.
The purpose of two-year terms is to ensure that half of the council seats are up for election to four-year terms at every general city election in an odd-numbered year.
If a mayor was appointed in 2010 or 2011, the office is up for election on November 8, 2011 for a four-year term of office.
This year AIC will be printing customized certificates of election for every newly elected mayor and councilmember, but to do this we need your completed directory update information submitted by the end of November.
The incumbent mayor and councilmembers convene the meeting, approve the minutes of any prior meetings, and approve payment of the bills.
2. Officials Subscribe to the Oath of Office.
Normally, the city clerk administers the oath of office to those elected (and re-elected) at the November city election. Each official stands, raises their right hand, listens as the oath of office is read by the city clerk, and at the end of the oath responds “I do” or “I will.” The elected official may choose to recite the oath as it is read.
Each elected official must sign the oath of office, which is also signed by the city clerk and kept by the city as an official record. The mayor may also administer the oath of office to councilmembers; however, a newly elected mayor does not have authority to administer oaths until after he/she has taken the oath.
3. Presentation of Certificates of Election.
The sworn-in officials each receive a Certificate of Election signed by the mayor and the city clerk. The mayor—even if newly elected and installed—signs the certificates, including their own.
4. Elect President of the Council.
The sworn-in officials take their seats and the council proceeds to elect one of its members to serve as council president. The council may then proceed with other necessary business.
Individuals appointed to fill vacancies are sworn in by the city clerk, sign the oath of office and each receive a Certificate of Appointment (available upon request from AIC).
District boundaries are redrawn after every decennial census to account for changes in population, a process known as “reapportionment.” As a result of a 1994 constitutional amendment, an independent bipartisan commission is responsible for carrying out the reapportionment process. The commission is charged with drawing districts with nearly equal population; districts created during the 2011 reapportionment each include approximately 44,800 people.
The Senate also elects a President Pro Tempore (referred to as the “Pro Tem”) who presides over the Senate in the absence of the Lieutenant Governor and oversees much of the day-to-day business of the Senate, including controlling the chamber, rooms, passages and corridors of the Senate when in session; supervising Senate employees; approving purchases; and appointing members of committees and committee chairs.
The Speaker of the House serves as the presiding officer of the House of Representatives. Unlike the President of the Senate, the Speaker is a member of the House: the Speaker is elected by the House membership and is entitled to vote on all bills and resolutions. The Speaker is also responsible for overseeing floor sessions, ruling on parliamentary questions, referring bills to committee, appointing members of committees and committee chairs, and supervising House employees.
In addition to the presiding officer, the majority and minority party in each house select a Majority/Minority Leader (“floor leader”), an Assistant Majority/Minority Leader (“assistant floor leader”) and Majority/Minority Caucus Chair. These officials are responsible for determining party strategy, disseminating information to party members, and lining up party members for key votes. The caucus chair presides over party caucuses, or closed meetings for party members to discuss strategy and share information.
Committee assignments are made by the Speaker of the House or Senate Pro Tem generally according to seniority and the preferences of the individual members. Committee meeting schedules are updated daily on the Idaho Legislature’s website at http://legislature.idaho.gov/sessioninfo/agenda.htm
Senate Committees:
Agricultural Affairs
Commerce & Human Resources
Education
Finance
Health & Welfare
Judiciary & Rules
Local Government & Taxation
Resources & Environment
State Affairs
Transportation
House of Representatives Committees:
Appropriations
Business
Environment, Energy & Technology
Judiciary, Rules & Administration
Local Government
Resources & Conservation
Revenue & Taxation
Transportation & Defense
Ways & Means
Each bill is assigned to a committee and the committee chair has basically absolute discretion to determine when, or if, the bill will be scheduled for a hearing. Bills that die without a hearing are said to have been “put in the drawer” by the committee chair.
Committees are responsible for conducting in-depth hearings on each bill. The hearing begins with a summary of the bill by the legislative sponsor, which is followed by testimony from members of the public and lobbyists concerning the proposed legislation.
Following the hearing, the committee must decide whether to hold the bill in committee (kill the bill), recommend that the bill be referred to another standing committee or be withdrawn with the privilege of introducing another bill, or be sent to the floor with one of the following recommendations:
* Before the Committee Hearing: To find out when your bill will be up for hearing, you can monitor committee agendas, but these do not generally provide much advance notice. Typically agendas are posted online in the afternoon for committee meetings the following day. You can check out committee agendas online at http://legislature.idaho.gov/sessioninfo/agenda.htm
You can also check the AIC Bill Tracker to see if the bill has been scheduled for a hearing. The most effective way to determine when a particular bill is up for hearing is to check with the committee secretary.
Read the bill and carefully plan your testimony. You can find the bills online, arranged numerically and by topic, at http://legislature.idaho.gov/legislation/2011/legIndex.htm
You will be more effective getting your message across if you have prepared your testimony in writing for distribution to committee members. You can then orally summarize your points to conserve time.
* At the Committee Hearing: Be early and be prepared to wait. Many committees meet upon adjournment of the House or Senate, which means that you may have to wait for legislators to finish their business on the floor.
Sign-up sheets are available at all committee hearings. Be sure to sign your name when you arrive, indicate your position on the legislation and whether you intend to testify.
The chair will announce when a particular bill is coming before the committee for discussion, and the bill’s sponsor is the first to speak. After testimony from the sponsor, the chair will ask to hear from those who have indicated on the sign-up sheet that they wish to testify about the particular bill.
Begin your testimony by addressing the chair and committee members. State your name, address, and why you are there. For example: “Mr. (or Madam) Chairman, members of the committee, my name is Pat Q. Public and I’m from Emmett. I am in favor of this bill because...”
Be prepared to answer questions from legislators. Respond to questions as best you can and don’t be embarrassed if you do not have a specific answer. When answering a question, always address your answer through the chair: “Mr. (or Madam) Chairman, and Representative Smith, I appreciate your question...”
Be courteous and brief, and try not to repeat testimony offered by previous speakers. Don’t be offended if legislators come and go during a meeting. They have other commitments including the need, at times, to present bills in other committee hearings occurring simultaneously.
* After You Testify: Do not expect immediate committee action. The bill may be held until another day. If the vote on your bill is postponed and the chair does not announce a date for further consideration, check back with the committee secretary about future scheduling. You are welcome to stay after the discussion on your bill and listen until the end of the committee meeting.
AIC Legislative Blog: AIC has a blog that provides updates on legislation of interest to city officials and other important legislative issues. You can check it out at our website www.idahocities.org under the "Legislative" header by clicking "2012 AIC Legislative Blog."
AIC Bill Tracker: The Bill Tracker on the AIC website (listed under the "Legislative" header) provides a list of bills by topic, with AIC's position and the up-to-date status of the bill.
House & Senate Third Reading Claendars: To catch floor debate and vote on a particular bill, you can monitor the bill's progress on the Third Reading Calendar, updated daily at: www.legislature.idaho.gov/sessioninfo/agenda.htm
Generally, the closer a bill is to the top of the Third Reading Calendar, the sooner it will be up for floor consideration. It is difficult to predict when a bill will come up for debate and vote because the Third Reading Calendar is often shifted and bills are considered out of order--this happens more frequently later in the session. Furthermore, debate on bills can range from a couple minutes to hours in length, depending on the nature of the particular bill.
Internet Streaming Video & Audio: Live streaming video of the House and Senate floor action and JFAC committee meetings, as well as live audio of House and Senate Committee meetings, is available through the Idaho Public Television website at www.idahoptv.org/leglive
Legislature's Website: The Idaho Legislature's website is a tremendous resource for information, including lists of House and Senate leadership, members and committee assignments; House and Senate rules; contact information; legislation from the current session and going back to 1998 listed numerically and by subject; links to the Idaho Constitution, statutes and administrative rules; publications (including the Legislative Directory and the Statement of Purpose/Fiscal Note Drafting Guide); and information on the Legislative Services Office and Legislative Information Center. You can check out the Legislature's website at www.legislature.idaho.gov
House & Senate Third Reading Calendars: To catch floor debate and vote on a particular bill, you can monitor the bill’s progress on the Third Reading Calendar, updated daily at http://legislature.idaho.gov/sessioninfo/agenda.htm Generally, the closer a bill is to the top of the Third Reading Calendar, the sooner it will be up for floor consideration. It can be difficult to predict when a bill will come up for debate and vote because the Third Reading Calendar is often shifted. Furthermore, debate on bills can range from a few minutes to hours in length, depending on the nature of the particular bill. Finally, the Legislature can immediately proceed to consider any bill through a unanimous consent request (this happens more frequently later in the session).
After the 36th Legislative Day, only “privileged” committees may introduce legislation. In the House, privileged committees include: State Affairs, Appropriations, Education, Revenue and Taxation, and Ways and Means. Privileged committees in the Senate include: State Affairs, Finance, and Judiciary and Rules.
Committee introduction of legislation occurs at “print hearings,” where the legislative sponsor provides a brief summary of the legislation and answers questions from members of the committee. Typically print hearings are brief affairs with the committee making a very cursory examination and voting to “print” the legislation. However, if the committee uncovers glaring problems with the legislation, it may vote to “hold” or kill the RS. Following committee approval, the legislation is presented to the Chief Clerk of the House or Secretary of the Senate, assigned a bill number, and placed on first reading.
First Reading, Printing and Assignment to Committee: At first reading, the title of the bill is “read across the desk” by the Chief Clerk of the House or Secretary of the Senate on the floor during the appropriate order of business—the 8th Order in the House or 11th Order in the Senate.
After the title is read across the desk, the presiding officer announces the referral of the bill to the Judiciary & Rules Committee for printing. The committee also ensures that the bill does not duplicate any other bills that have already been introduced.
After the bill is printed—usually overnight—it is reported printed by the Judiciary & Rules Committee and assigned to the appropriate standing committee by the presiding officer. Committee Consideration: Once a bill is assigned to committee, the committee chair has basically absolute discretion to determine when the bill will be scheduled for a committee hearing. Bills that die this way are said to have been “put in the drawer” by the chair.
The committee is responsible for conducting an in-depth hearing on the bill. The hearing begins with a summary of the bill by the legislative sponsor, which is followed by testimony from members of the public and lobbyists concerning the proposed legislation.
Following the hearing, the committee must decide whether to:
If the committee votes to send the bill to the floor and it is not sent to General Orders for amendment, then the bill moves to second reading.
Amendment of Bills: Occasionally, a bill requires changes and is sent to the amending order by committee or at the request of the bill’s sponsor or another legislator. The amending order is a unique parliamentary mechanism with its own jargon and rules. Bill sponsors often prefer having bills reprinted rather than going through the amending order because the latter means that the entire bill will be opened up to amendments from other legislators. The House or Senate will occasionally go into the amending order (at the 12th Order in the House or 14th Order in the Senate), and the body becomes a “Committee of the Whole” to consider amendments. The Committee of the Whole is comprised of the entire House or Senate typically with the assistant majority leader presiding. Amendments are submitted in writing and include a brief statement of purpose. The Committee of the Whole considers the bill section by section until all proposed amendments have been offered, debated, and either accepted or rejected.
Voting on amendments is by voice vote, but a member may request division, at which point the chair asks members to stand to vote in favor of or against the amendment. Votes of individual legislators are not recorded in the amending order.
There are also strict limits on debate in the amending order. The presiding officer frequently has to remind members to confine their remarks to the particular amendment under consideration and not debate the bill. There are also time limits on debate—proponents and opponents are given a few minutes to outline their positions on the proposed amendment.
Amendments adopted by the Committee of the Whole are inserted into the bill by the staff of the Legislative Services Office in a process referred to as “engrossing.” The engrossed bill must go through three readings before coming up for a floor vote.
If the House amends a Senate bill, the amended bill must be sent back to the Senate for concurrence on the amendments (and vice versa). Rarely, conference committees composed of members of the House and Senate appointed by the Speaker and Pro Tem will be used to reconcile differences between House and Senate versions of the same bill. Second Reading: When a bill is reported out of committee, it is placed on the Second Reading Calendar and the title is read across the desk at the 10th Order of business in the House or the 12th Order of business in the Senate. The following legislative day, the bill is automatically placed on the Third Reading Calendar unless other action has been taken.
Third Reading, Debate and Voting: Third reading is the point at which the bill comes up for debate and vote on the House or Senate floor. Once the House or Senate reaches the appropriate order of business—the 11th Order in the House or the 13th Order in the Senate—then bills are considered in their order on the Third Reading Calendar (unless unanimous consent is granted to reorder the calendar or consider another bill out of order, which happens more frequently later in the session). The House and Senate Third Reading Calendars are updated daily and are available on the Legislature’s website at www.legislature.idaho.gov/sessioninfo/agenda.htm
The presiding officer announces that the bill is up for consideration. At this point House and Senate rules require that the entire bill be read across the desk by the Chief Clerk of the House or Secretary of the Senate. However, the bill’s sponsor will typically rise and request unanimous consent to dispense with further reading of the bill. If any legislator objects to this request, the bill must be read in its entirety. Floor consideration begins with an introduction and summary by the bill’s sponsor(s). Members are allowed to ask questions of the sponsor(s) and debate for or against the bill. After debate is finished, the sponsor(s) make concluding remarks and announce that debate is closed. At this point, the presiding officer announces the question: “The question is: shall House/Senate Bill [number] pass?”
Members of the House of Representatives vote electronically and their votes are instantaneously tallied and displayed on large screens on each side of the chamber. In the Senate voting typically occurs by roll call—the Secretary calls each Senator’s name in alphabetical order and records their vote on a tally sheet. Senators are allowed one minute to explain their vote if they have not participated in debate. Near the end of the session when the number of bills is at its peak, it is common for a Senator to request unanimous consent to apply a vote from a previously considered unanimously passed bill to an uncontroversial bill that is currently being considered, as a way to speed up the process. If any Senator objects, then a recorded roll call vote must occur. Most issues require passage by a simple majority: 50 percent plus one vote of the members present and voting. There are certain exceptions: votes to override the Governor’s veto require a two-thirds majority of those present and voting in both houses, and constitutional amendments require a two-thirds majority of the full House and Senate. If the bill passes, the presiding officer asks if there are any corrections to the title of the bill. After any corrections are made, the presiding officer announces that the title is approved and the bill proceeds as follows:
Governor’s Action: After receiving a bill passed by both the House and Senate, the Governor may:
The city must make a written solicitation for bids (by fax, email, mail or hand delivery) to at least three vendors selected by the city, describing the goods or services to be purchased.
The request must describe the method for vendors to submit their written bids (electronically or by physical delivery) and the date and time by which bids must be received by the clerk or other authorized official. The request must provide the vendors at least three business days to respond, except in an emergency.
Written objections to specifications or bid procedures must be received by the clerk or other authorized official at least one business day before the deadline for bids to be received.
When the bids are received, they are compiled and submitted to the city council (or an official authorized by the council) for approval of the lowest responsive bid or all bids are rejected and the process starts over again.
If the city determines that it is impractical or impossible to obtain three bids, the city may acquire the property or services in the manner it determines best from the qualified vendor quoting the lowest price. When fewer than three bids are considered, the city must document its efforts to obtain at least three bids and maintain this documentation, along with the written trail from solicitation to acceptance of bids, for at least six months after the purchase.
If two or more vendors tie for the lowest bid, the council or its authorized official may select either vendor at its discretion.
The purchase must be made following a competitive sealed bid process from the qualified vendor submitting the lowest bid in compliance with bidding procedures and meeting the city’s specifications. The city council may also preauthorize the purchase of equipment at public auction.
The process to obtain bids begins when the city publishes two legal notices soliciting bids in the official city newspaper. The first notice must be published at least two weeks before bid opening, and the second notice must be published at least a week prior to bid opening. The notice must succinctly describe the personal property or services to be procured and must state that specifications, bid forms, instructions, contract documents and other information are available upon request to any interested bidder.
Written objections by bidders to specifications or bidding procedures must be received by the clerk or other authorized official at least three business days before the scheduled bid opening.
The city may require bid security of up to 5 percent of the amount of the bid. If security is required, a bid may not be considered unless security is provided in the form required by the city, including:
* Cash,* Cashier’s check payable to the city, * Certified check payable to the city, or * Bidder’s bond executed by a qualified surety company payable to the city.
Any bid received by the city may not be withdrawn after the time set for opening of bids. Sealed bids must be opened in public at the date, time and place specified in the published notices and thereafter be compiled and submitted to the city council.
The city council may award the contract to the vendor submitting the lowest responsive bid, or the council may reject all bids and go through the process again.
If two or more bids are the same and are the low bids, the city council may accept either in its discretion.
If the city council chooses to award to a bidder other than the apparent low bidder, the council must declare its reasons on the record and must communicate these reasons in writing to all vendors submitting bids. If any bidder objects to the award, such bidder has seven calendar days from the date of transmittal of the notice to respond in writing with their objections. The purchase is stayed while the city council reviews its decision and determines whether to affirm its prior award, modify the award or choose to re-bid, as it deems in the public interest, stating its reasons. After completion of the review process, the city may proceed as it determines is in the public interest.
If the successful bidder fails to execute the contract, the bid security may be forfeited to the city at the discretion of the council and the proceeds deposited in a designated fund out of which reasonable expenses of procuring substitute performance are paid.
Upon failure or refusal of the successful bidder to execute the contract, the city may award to the next lowest qualified bidder. The lowest bidder’s security may be applied by the city to the difference between the two bids. The surplus, if any, shall be returned to the lowest bidder if cash or check is used, or to the surety on the bidder’s bond if a bond is used, less reasonable administrative costs not to exceed 25 percent of the amount of the bidder’s security.
Common examples of personal services include planning consultants, real estate appraisers, digital mapping services, software maintenance, etc.
It is important to note that Idaho Code 59-514 requires cities to publish legal notice in the official city newspaper within 15 days of entering into a personal service contract in excess of $10,000 per year. The notice must include: the parties, the amount of compensation and a brief description of the work to be performed.
U.S. General Services Administration purchasing schedules may be accessed at www.gsa.gov/portal/content/197989
If the city thinks that it may have difficulty attracting licensed contractors to bid on the project, a notice of intent to procure can be published twice in the official city newspaper and mailed to the Public Works Contractor Licensing Board. The notice should briefly describe the project and provide the deadline for contractors to submit statements of interest to the city. The first publication must be at least two weeks before the deadline for submitting statements of interest and the second publication must be at least a week before the deadline.
If no contractors express interest in the project the city may use non-licensed contractors, but must follow other requirements for competitive bidding.
A performance bond protects the city in the event the contractor fails to faithfully perform the contract in accordance with the plans and specifications. The contractor is required to obtain a performance bond payable to the city for at least 85 percent of the contract amount.
The state Highway Distribution Account allocates revenues from fuel taxes, vehicle registration fees and other miscellaneous sources to the Idaho Transportation Department (57 percent), local highway jurisdictions (38 percent) and the Idaho State Police (5 percent). The share going to local highway jurisdictions is allocated 30 percent to cities and 70 percent to counties and highway districts. The cities’ share is apportioned on the basis of population.
In order to ensure accountability and transparency in the spending of these revenues, Idaho Code 40-708 requires that local highway jurisdictions submit an annual report to the State Controller’s office listing revenues and expenditures for the recently completed fiscal year for construction, maintenance and administration of streets, bridges and culverts.
It is critical that the form be completed accurately because this information is scrutinized by legislators and ITD officials.
AIC has also prepared city-specific instructions to assist city officials in completing the report.
New Construction
Reconstruction/Replacement/Rehabilitation
Routine Maintenance
The law also provides that failure to submit or publish the report or making false statements in the report is grounds for removal from office, as well as a criminal misdemeanor punishable by a fine of up to $500 and imprisonment for up to 90 days.
The city clerk’s primary responsibilities will include overseeing candidate filing, forwarding information about candidates and ballot measures to the county clerk’s office, and assisting and answering questions from county election staff. A more detailed list of the city clerk’s responsibilities is provided below.
Candidates are required to certify on their Declaration of Intent that they are qualified to hold the office of mayor or councilmember, meaning they meet the following qualifications as of the date their Declaration of Intent is submitted to the city clerk:
State liquor stores and contract liquor stores are allowed to be open and sell package liquor on Election Day—Idaho Code 23-307.