County Council creates bylaws to prevent another tax increase debacle

A committee formed to create bylaws for the Johnson County Council on Monday delivered a document that will prevent tax increases from passing without support from the majority of the seven-member council.

The bylaws have been in the works since last August. Council members Pete Ketchum and John Myers worked on the five-page document with Shena Johnson, the county attorney, and Zach Lange, the assistant county attorney.

Ketchum pitched the idea of creating bylaws due to controversy surrounding the council’s approval of a tax increase for the Johnson County Public Library. The county raised taxes to build a new Clark Pleasant branch with a 3-2 vote. Two council members were absent.

Many people questioned the legality of the vote because the three council members who approved it represented a majority of those present, not the majority of the council.

State law says city councils must have full majority votes, but county councils do not, unless its own bylaws say so. To make sure a questionable vote doesn’t happen again, the council on Monday unanimously approved the bylaws.

According to the new rules, all business requiring affirmative action of the council must be approved by a majority of the elected council. That means no agreement, ordinance, resolution or tax increase can be approved with fewer than four votes in favor. Additionally, all votes must be taken by roll call or voice vote, the bylaws say. The bylaws allow any council member to ask for a roll call vote.

A two-thirds majority vote is required to discuss anything that was not on the agenda compiled in advance of the meeting, according to the bylaws.

The document also puts in place procedures the council was already following, including guidelines for decorum, public comment, the consent agenda, committees and board appointments.

It also puts in place a five-minute allowance for members of the public to speak during the public comment portion of a meeting, or during a public hearing the council is required to have on certain matters. Council members, too, are given five minutes each to speak during debate, and are asked to hold additional comments until each council member who wants to speak has done so.

The bylaws took effect Monday.