Cityscape • February 2022 • American Rescue Plan Final Rules and Reporting

The U.S. Treasury Department has issued the Final Rule on uses and guidance for the American Rescue Plan (ARPA) funds. Among other changes, the final rule allows local governments to take a revenue loss allowance of up to $10 million without using the specified revenue loss calculation formula, and provides increased flexibility to pursue a broader range of uses. The Final Rule takes effect on April 1, but local governments can begin taking advantage of the expanded flexibility now.

• Expanded the list of uses that recipients can use to respond to COVID-19 and its economic impacts. This clarifies that recipients can use funds for certain capital expenditures to respond to public health and economic impacts and making services like childcare, early education, addressing learning loss and affordable housing development available

In addition to these expansions, Treasury has simplified the process for a standard allowance for revenue loss of up to $10 million, allowing recipients to select between a standard amount of revenue loss or complete a total revenue loss calculation. Recipients that select the standard allowance may use up to that amount – in many cases their full award – for government services, with streamlined reporting requirements.

Tips for Effectively Handling Public Comments

Open, transparent meetings is a hallmark of municipal government, ensuring any citizen has the opportunity to access the gatherings of governmental bodies. This is enshrined in the state’s Open Meetings Laws, which are detailed in Chapter 21 of the Code of Iowa and provide the basis for conducting governmental business in an open fashion.

While the state code provides the legal framework for public access to meetings of governmental bodies, citizen participation is not detailed directly, allowing local officials to establish their own rules for such participation. Recently, the Iowa Public Information Board (IPIB) disseminated guidance related to public comments that may be helpful to city governments pondering local rules.

The most frequent question that arises regarding public comments is whether members of the public have a legal right to speak during a city council meeting or city board and commission meetings. In short, there is no blanket legal requirement in the state code that allows for general public comments. That said, when cities hold public hearings, anyone in attendance has the right to speak during that specific time.

The IPIB guidance on this topic emphasizes the ability of governmental bodies under Section 21.7 of the state code to set rules of conduct for its meetings to assure they are orderly and free of any interruption or interference. As IPIB recommends, along with the League, that city governments should establish meeting rules of procedure and conduct. Doing so can help clarify how meeting agendas are set, the order of business, how discussion is to be done, when public comments can be made and more.

The issue of public comment comes up frequently as city councils and city boards and commissions try to balance the desire for public engagement with needing to complete the business of the city. Most cities allow the public to make comments at meetings, but as IPIB has stated, it is lawful to establish rules related to public comments. “Reasonable rules may include not allowing comments on any agenda items, setting a time limit on comments, designating a specific agenda item for public comment, or not allowing spontaneous reactions or outbursts during a meeting.”

Such rules can help keep meetings orderly and ensure that all discussion is relevant to the matters of the municipal government. Finding the right balance can be unique to each city as some may prefer a more open format for public comments while others may need a more structured approach. In any case, ensuring the public has access to the meetings of its governmental bodies is paramount and providing a forum for engagement can lead to meaningful dialogue.

The U.S. Treasury Department has various resources, guidelines and webinars to assist in their reporting process. The reporting requirements can be found at home.treasury.

The Iowa Public Information Board (IPIB) is a state agency governed by a nine-member board appointed by the Governor and confirmed by the State Senate. IPIB can receive complaints regarding open meetings and open records violations and also has a variety of helpful resources on their website www.ipib.iowa.gov.