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.