Davenport counsel says city ordinance conflicts with state law; council to consider rescission and ordinance fix

Sam, the city corporation counsel, told the Davenport mayor and council that the city’s ordinances are out of step with state law on how LOSST funds may be reallocated and recommended rescinding a prior resolution and changing the municipal code.

According to Sam, an attorney general opinion from 1988 and related case law narrowed a previously broader interpretation of the state code. He said Davenport’s ballot initiative limited LOSST proceeds to two specified uses and that unlike some other communities the ballot did not include a general “any other lawful purpose” safety valve. Because the municipal ordinance contained provisions allowing reallocations by resolution, Sam recommended rescinding Resolution 2025-517 and filing a companion ordinance amendment to make the code consistent with what voters approved, and with state law.

"It was discovered that the Davenport city ordinances were out of line with state code, in regards to how our city specifically could reallocate funds from LOSST," Sam said during the management update. He told council members the discrepancy likely resulted from earlier drafting and that no one had revisited the ordinance language after later legal guidance narrowed the permitted interpretation.

The transcript records Sam asking that the prior resolution be rescinded and that staff bring a companion ordinance change; no formal vote or final action on rescission occurred during the meeting. City staff will prepare the rescission resolution and the ordinance amendment for council consideration on a future agenda.

The matter concerns how locally collected LOSST revenues may be spent; council members did not debate or vote on a new policy during the session. The city’s next formal steps are limited to drafting the rescission and ordinance language and placing them on an upcoming council agenda for possible adoption.