Administration Committee

Administration Committee Cedar Falls Public Safety Department August 10, 2022 The meeting of the Administration Committee met at the Public Safety Department at 2:03 p.m. on August 10, 2022, with the following Committee persons in attendance: Councilmembers Susan deBuhr, Kelly Dunn, Daryl Kruse, Dustin Ganfield, and Gil Schultz. Staff members from all City Departments and members of the community attended in person. Chair Dunn called the meeting to order and introduced the only item on the Administration Committee agenda, Appeal Hearing: Dangerous Animal. Chair Dunn swore in via telephone Nicholas Wireman, 1113 Linedale Road, Cedar Falls. Mr. Wireman gave a statement that included details on his Pit Bull, overview of the veterinarian exam and the City Code of Ordinance pertaining to section 6. The following exhibits were accepted: 1. Ms. Geltz’s Yorkshire Terrier (2 photos), 2. Mr. Wireman’s Pit Bull (3 photos), 3. Veterinarian notes (2 pages), 4. Veterinarian bill (1 page), 5. Picture of knee (1 page), 6. Prior call for service (1 page), 7. Notice dated June 30, 2022 to Mr. Wireman (1 page), 8. Cedar Falls Code of Ordinances pertaining to dangerous animals (3 pages). Attorney Anderson, cross examined Mr. Wireman, with no further questions from Attorney Anderson, Chair Dunn swore in Mr. Lawrence Miller, 1270 Black Hawk Road, Waterloo. Mr. Wireman conducted a direct examination of Mr. Miller. Attorney Anderson conducted a cross-examination of Mr. Miller, with no further questions from Attorney Anderson, Mr. Miller was excused. Attorney Anderson called witness Sharon Geltz to the stand, Chair Dunn swore in Ms. Geltz, 1103 West 9th Street, Cedar Falls. Attorney Anderson conducted direct examination of Ms. Geltz. After no further questions from Attorney Anderson, Mr. Wireman cross-examined Ms. Geltz. After no further questions from Mr. Wireman, Attorney Anderson re-directed Ms. Geltz, with no further questions Ms. Geltz was dismissed. Attorney Anderson called Officer Baumgartner to the stand, Chair Dunn swore in Officer Christian Baumgartner, Cedar Falls Police Division. Attorney Anderson conducted direct examination of his witness Officer Baumgartner. After no further questions from Attorney Anderson, Mr. Wireman cross-examined Officer Baumgartner. After no further questions from Mr. Wireman, Officer Baumgartner was dismissed. Attorney Anderson called Samantha Teply with Den Herder Veterinary Hospital to the stand, Chair Dunn swore in Ms. Teply, 615 Hearthside Drive, Cedar Falls. Attorney Anderson conducted direct examination of Ms. Teply. After no further questions from Attorney Anderson, Mr. Wireman had no questions for Teply. Attorney Anderson called Acting Police Chief Mark Howard to the stand, Chair Dunn swore in Acting Police Chief Howard, Cedar Falls Police Division. Attorney Anderson conducted direct examination of Acting Police Chief Howard. After no further questions from Attorney Anderson, Mr. Wireman cross-examined Acting Police Chief Howard. After no further questions for Acting Police Chief Howard he was dismissed. Attorney Rogers asked Mr. Wireman for final comments. Mr. Wireman suggested 30 more days of monitoring of his Pit Bull or a written agreement as suggested in the Code of Ordinance Section 6-134(2). It was moved by deBuhr and seconded by Kruse to adjourn to closed session under Iowa Code § 21.5(1)(f), to discuss the decision to be rendered in a contested case proceeding. Upon call of the roll, the following named Administration Committee members voted. Aye: deBuhr, Dunn, Kruse, Ganfield and Schultz. Nay: None. Motion carried. The Administration Committee convened in closed session at 3:42 p.m. Chair Dunn reconvened the Administration Committee meeting in open session at 4:10 p.m. It was moved by Ganfield and seconded by Kruse to consider the appeal by Mr. Wireman. Administration Committee voted. Aye: None. Nay: deBuhr, Dunn, Kruse, Ganfield and Schultz. Motion failed. Chair Dunn directed Attorney Rogers to draft a written decision. It was moved by Kruse and seconded by Ganfield that the meeting be adjourned at 4:12 p.m. Motion carried. Minutes by Kim Kerr, Administrative Supervisor