Nunc pro tunc

    “Lat.   Now for then.  A phrase applied to acts allowed to be done after the time when they should be done, with a retroactive effect, i.e. with the same effect as if regularly done.  Nunc pro tunc entry is an entry made now of something actually previously done to have effect of former date; office being not to supply omitted action, but to supply omission in record of action really had but omitted through inadvertence or mistake.

     Nunc pro tunc merely describes inherent power of court to make its records speak the truth, i.e., to correct record at later date to reflect what actually occurred at trial.  Nunc pro tunc signifies now for then, or, in other words, a thing is done now, which shall have same legal force and effect as if done at time when it ought to have been done. 

     Fed R. Civ. P 15(b) permits amendment of pleadings to conform to evidence.  Clerical mistakes in judgements, orders, or other parts of the record can be made by the courts under Rule 60 (a).” *

*Black, Henry Campbell, “Black’s Law Dictionary with Pronunciations, Abridged Sixth Edition Centennial Edition (1891-1991) Co Authors Nolan, Joseph R and Nolan-Haley, Jaqueline M with contributing authors, Connolly, M.J., Hicks, Stephen C. and Alibrandi, Martina N., West Group Publishers, 1991, page 738

The definition quotation above has significance regarding the duties of Gregg Owens in his legal and advisory role as Spirit Lake, Iowa city attorney and the role of Kevin Bice as the Spirit Lake, Iowa Mayor.

According to Spirit Lake Code of Ordinances, Chapter 15 which cites and effectively parrots the Code of Iowa, Section 372.14 (1) which states, “The mayor — the mayor pro tem. 1. The mayor is the chief executive officer of the city and presiding officer of the council. Except for the supervisory duties which have been delegated by law to a city manager, the mayor shall supervise all city officers and departments. 2. The mayor may take command of the police and govern the city by proclamation, upon making a determination that a time of emergency or public danger exists. Within the city limits, the mayor has all the powers conferred upon the sheriff to suppress disorders.”

Spirit Lake Code of Ordinances, Chapter 20 which again cites Code of Iowa, Section 372.13 (4) with regard to the appointment of a City Attorney, “The mayor shall appoint a City Attorney, subject to approval by the Council, to serve for a term of two (2) years and finally Spirit Lake Code of Ordinances, Chapter 21.01-21.03 which addresses the two-year term limit and specifies the powers, duties and general responsibilities of a City Administrator”

Folks and students, these Codes of Ordinances are available for your convenience on the city website, Iowa Codes of Ordinance can be found on State of Iowa website for your convenience.  The thing to remember that collectively the taxpayers and voters of Spirit Lake hold the “keys to the castle” in the form of their vote and their ability to present recall petitions.

Now for a written transcription of the July 22, 2025, meeting.

Mayor Bice in the presence of Councilman Brett Johnson, Councilwoman Angela Kofoot, Councilman Keith Brockmeyer, Councilman John Chappas and Councilman David Mensing via telephone.  Also present was City Administrator/City Attorney Gregg Owens.

The meeting came to order with the mayor’s call for the Pledge of Allegiance.

ITEM #1   Consent Agenda

1.  Minutes of July 8^th regular meeting
2. Warrants of July 2025
3. Cigarette permit
4. Transfer and Manual Journal Entries for Second Quarter 2025.  (no definition or description of what transfer and manual journal entries encompass)

Motion was made by Councilman Brockmeyer to (globally-my term) approve (however without enumerating or reiterating the full contents of motion listed on the Consent Agenda with a Second to the motion from Councilwoman Kofoot, with no call for further discussion, Mayor Bice called for a voice vote with a unanimous Aye Vote X 5.

        ITEM #2 – $2,045,000.00 General Obligation Capital Loan Notes, Series 2025

1.  Resolution – Appointing Paying Agent, Note Registrar, and Transfer Agent, Approving the Paying Agent, Note Registrar and Transfer Agent Agreement and Authorizing the Execution of the Agreement.

Motion was made by Councilwoman Kofoot without reading the terms of the Resolution, failing to identify the paying agent, the note registrar nor the transfer agent, nor did the motion contain approving named paying agent, approval note registrar and transfer agent agreement naming names and authorizing named individual or individuals to execute the agreement with the Second from Councilman Johnson, with no call for further discussion, Mayor Bice called for a roll call vote resulting in a unanimous Aye Vote X5

b.  Resolution – approving and authorizing a form of loan agreement and authorizing and providing for the issuance, and levying a tax to pay the notes; Approval of the Tax Exemption Certificate and Continuing Disclosure Certificate.

Motion was made by Councilwoman Kofoot to approve and authorize the resolution without verbalizing the content of the Resolution, identifying or defining “a form of loan of agreement, without identifying or enumerating the dollar or percentage amount of the tax levy to pay the notes or describing the use of a Tax Exemption Certificate and exactly who will be awarded exemption status with Second came from Councilman Chappas and with no call for further discussion, Mayor Bice called for a roll call vote resulting in a unanimous Aye Vote X5.

        ITEM #3 – General Obligation Capital Loan Notes, Series 2025.

1.  Resolution declaring an official intent under Treasury Regulation 1.150-2* issue debt to reimburse the city for certain original expenditures paid in connection with Specified Projects.

*Treasury Regulation 1.150-2 – https://www.govinfo.gov/content/pkg/CFR-2020-title26-vol3/pdf/CFR-2020-title26-vol3-sec1-150-2.pdf

Motion was made by Councilman Brockmeyer to approve the Resolution without reading or identifying the elements in the Resolution such as specifying WHAT original expenditures paid in connection with WHAT specified projects with the Second to the motion coming from Councilman Johnson, and with no call for further discussion, Mayor Bice called for a roll call vote resulting in a unanimous Aye Vote X5.

ITEM #4 – Setting public hearing on proposed annexation and approving publication.

Motion was made by Councilwoman Kofoot to set a public hearing regarding the proposed annexation and approval publication with a date of August 26, 2025, with the Second from Councilman Brockmeyer with discussion regarding purposes after which Mayor Bice called a roll call vote resulting in a unanimous Aye Vote X5.

        I responded to public comment.  I asked if there was a legal representation contract between the city of Spirit Lake and Mr. Gregg Owens and I asked if there was a statement from Mr. Gregg Owens regarding any possible Conflict of Interest.  Mr. Owens responded there was no contract, he was employed by the city.  He has still to respond to what his city salary or hourly time charges are for his services as a City Attorney and City Administrator. How are those services spread over the city’s financial books?  Mr. Owens did make the comment he had been with the city for 13 years but a few moments later he corrected that figure to “…31 years ago…”.  Sir I had the opportunity to be in the gallery during a meeting in or around 2004 over which Eric Nielsen presided as Mayor and the City Attorney was identified as Earl Maahs.  I do not remember you being involved at that time?  31 years ago, would put you on the city coffers somewhere around 1994?

        ITEM #5 ADJOURNMENT

Motion to adjourn the regular meeting was made by Councilman Chappas, with the Second from Councilman Brockmeyer and with no discussion the group adjourned the meeting with a voice vote X5 Ayes.  Meeting was adjourned at 6:43 p.m.

Folks I question the possible conflict of the city attorney and the city administrator being the same person.  It reminds me of a cartoon I saw decades ago in an issue of the Reader’s Digest.  It showed three men; a sheriff, a person accused of robbing a bank with his hands in the air, and an interpreter.  The gist of the scene was the alleged bank robber did not speak English; the Sheriff did not speak Spanish and thus the presence of the interpreter.  The Sheriff waved his gun at the alleged bank robber asking where the money was.  The alleged bank robber saw the gun and was scared.  The interpreter told the alleged bank robber (in Spanish) that the Sheriff would shoot him (the alleged bank robber) if he did not tell where the money was hidden.  The terrified alleged bank robber confessed to the interpreter in Spanish where the bank money was hidden.  The interpreter turned to the Sheriff and said in English, he (the alleged bank robber) says go ahead and shoot he’s not afraid of you!

TRUST BUT VERIFY.

“…In law, a duty of care is a legal obligation to avoid acts or omissions that could reasonably be foreseen to cause harm to others…” As it relates to Iowa Code and described with the context of Chapter 668.1, “fault” in this chapter means one or more acts or omissions that are in any measure negligent or reckless toward the person or property of the actor or others or that subject a person to strict tort liability…”

With that said, I would like to open this “Voice from the Gallery” with the statement prior to the call of Mayor Bice’s call to order of the July 8, 2025, city council meeting, I advised Spirit Lake City Mayor Bice and prior to the appearance of Mr. Gregg Owens that I saw the agenda which had been published on city website had been amended to the extent of a third agenda item by way of a copy of the new agenda placed upon a chair for the attending public.  Since this appeared to be a last-minute amendment, I opined the new agenda needed to be approved by the council and prior to the council dealing with any portion of that agenda.  Mayor Bice commented to me that it would be taken of which I took to mean the council would be called upon to approve the amended agenda prior to any other council action. 

I returned to my seat and started to take note as the council members filtered in and finally when Mr. Gregg Owens presented himself for the meeting.  At that point Mayor Bice asked Mr. Owens if the council needed to approve the agenda where Mr. Owens told Mayor Bice emphatically, NO!  In the presences of Councilman Brett Johnson, Councilwoman Angela Kofoot, Councilman Keith Brockmeyer, Councilman John Chappas and Councilman David Mensing Mayor Kevin Bice called the meeting to order and failed to have the council approve the agenda. 

Now folks Mayor Bice did not address Gregg Owens acting as Spirit Lake City Attorney or acting as Spirit Lake City Administrator when he posed his question to Mr. Owens.  So, neither I nor the council had a clue to whether it was Spirit Lake City Attorney Gregg Owens giving his legal opinion or Spirit Lake City Administrator giving his quasi-Robert’s Rules of Order opinion.  Since the definition of city administrator is not contained within the staff definition of duties published on the Spirit Lake website I am using a general Iowa definition as, “… In Iowa, a City Administrator is a professional manager appointed by the City Council to oversee the daily operations of the city government. They are responsible for implementing policies set by the council, managing city staff, preparing budgets, and ensuring efficient delivery of public services. Essentially, they act as the chief administrative officer, working to execute the council’s vision and manage the city’s resources effectively…”

So, readers/taxpayers what is the accounting breakdown division of Spirit Lake City Attorney hourly fees and services and the wages/salary per hour of the Spirit Lake City Administrator?  I have asked those questions but to date I have received no answer.  I have asked for copies of the Resolutions which should be published on the website for the public to read, but I had to pay $.40 per copy for what should be publicly accessible for free.

At 5:30 p.m. Mayor Kevin Bice called the July 8, 2025, city council meeting to order.  No approval of agenda. 

Agenda Item #1   Mayor Bice called motion approving the consent agenda items.  a) minutes, b) bills* to date for July 2025 (what I call warrants), c) treasurer’s report June 2025., d) retail alcohol license Dickinson County Agricultural Society – class c retail alcohol license with outdoor service.  It is to be noted here *there is not an itemized document showing the figures or spreads (breakdowns) of the costs provided to the gallery.

MOTION from Councilwoman Kofoot, 2^nd from Councilman Brockmeyer, no further discussion or explanation with regards to the bills/warrants from any of the council members.  Motion passed with a voice vote X5 unanimous Aye Vote.

So just when does the council ask questions on any particular warrant or bill presented? 

Agenda Item #2   Now folks this Resolution is as clear as mud.  I have a copy of the form, not completed with names or specifics.  The gallery did not have access to the completed notes on the Resolution which states:

RESOLUTION NO._______________

RESOLUTION DIRECTING SALE OF $2, 065, 000.00 (SUBJECT TO ADJUSTMENT PER TERMS OF OFFERING) GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2025)

Whereas. Bids, have been received for the Notes described as follows and the best bid received (with permitted adjustments, if any) is determined to be the following:

$2,065,000 (SUBJECT TO ADJUSTMENT PER TERMS OF OFFERING) GENERAL OLBIGATION CAPITAL LOAN NOTES, SERIES 2025

This document goes on to the name of the bidder and presumably the amount of the bid.  Which is not disclosed. 

Terms of the award:

          Final Par Amount as adjusted:  $____________

          Purchase Price as adjusted:       $____________

          True Interest Rate:                      _____________%

          Net Interest Cost:                       $_____________

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SPIRIT LAKE, STATE OF IOWA:

Section 1.  That the bid for the Notes as above set out is hereby determined to be the best and most favorable bid received and, the Notes are hereby awarded as describe above.

Section 2.  That the statement of information for Note bidders and the form of contract for the sale of the Notes are hereby approved and the Mayor and Clerk are authorized to execute the same on behalf of the City.

Section 3.  That all acts of the Cler done in furtherance of the sale of the Notes are hereby ratified and approved.

PASSED AND APPROVED this 8^th day of July, 2025.

                                                        Mayor signature____________________

ATTEST:

City Clerk signature____________________________

Agenda Item #2 (continued)

1. Receipt of bids — no document for gallery
2. Resolution Directing Sale

MOTION by Councilman Mensing, 2^nd by Councilwoman Kofoot, No discussion, roll-call vote X 5 unanimous Aye Vote

Agenda Item #3   Street Closure Requests by Chamber of Commerce.

MOTION by Councilman Mensing, 2^nd by Councilman Johnson

                   Discussion by Councilman John Chappas

Voice vote unanimous X5 AYES.

Public Comment

           Vickie Larsen

City staff comment 

          Spirit Lake PD new hire introduction

ADJOURNMENT

MOTION   Councilman Chappas, 2^nd Councilman Brockmeyer

  No discussion, Voice Vote X5   Unanimous Aye vote

MEETING ADJOURNED AT 5:45 P.M.