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HomeMy WebLinkAbout07-29-2004 Charter Review CommissionCHARTER REVIEW COMMISSION July 29, 2004 PACKET CR1 Agenda CR2 Minutes of June 17 CR3 Memo from Chair Sueppel re issues CR4 Home Rule Charters from Clinton, Fort Dodge, and Marion CR5 State of Iowa Redistricting form CR6 Voting Precinct Maps (1975 and 2003) CR7 Letter from Caroline Dieterle CR8 Copy of Citizen Input Poster — 07.7 "4 CR1 CHARTER REVIEW COMMISSION MEETING AGENDA Thursday, July 29, 2004 Harvat Hall, City Hall 410 East Washington Street 7:30 AM 1. Approve Minutes 2. Review Charter 3. Public Comment Receive correspondence from Caroline Dieterle 4. Future Meeting Schedule (all meetings begin at 7:30 AM) August 11 August 26 September 8 September 29 October 13 October 27 5. Adjournment (8:30 AM) o�- s -o CR2 MINUTES CHARTER REVIEW COMMISSION DRAFT THURSDAY, JUNE 17, 2004 — 7:30 AM HARVAT HALL, CITY HALL Members Present: Nate Green, Andy Chappell, Penny Davidsen, Karen Kubby, Vicki Lensing, Naomi Novick, Lynn Rowat, Kevin Werner, and William Sueppel. Staff Present: Eleanor Dilkes, Marian Karr CALL TO ORDER Chairperson Sueppel called the meeting to order at 7:30 AM. He introduced new member, Nate Green, appointed to fill the term of John Balmer who resigned due to a conflict of interest. He then asked the members if there were any comments pertaining to the beginning of the Charter, before they begin a section -by- section review. Kubby stated that she has been thinking about the internal process to this review, and wondered if a generalized discussion about the overall values of this process could take place now. Discussion turned to members being asked to "speak their mind" about the form of government in place in Iowa City, and decide if they want an upfront generalized discussion, or if they will discuss specific things as they go through the Charter. Sueppel stated that he would prefer members to speak up now if they have any strong feelings about the direction the City is going, so as they do their review, they will already know of potential problem areas. Kubby stated that in reading through past minutes of Charter Review meetings, she had several ideas on the direction they may need to go. One of her main concerns was the number of representatives on the City Council, and how this representation is working. She then said she would like to discuss the City Manager role, and how that role works with the City Council. Sueppel followed up with comments regarding the unique form of government in Iowa City, and mentioned the initial Charter Review Commission members and process. Davidsen stated that the initial Charter review was during a time of great upheaval in Iowa City. She discussed the issues facing the City Council at that time, and gave some background on the initial Charter. She said the initial goal was to keep the City Manager more in tune with what was happening, and to keep Iowa City represented by the City as a whole. APPROVE MINUTES OF MAY 19, 2004 Chairperson Sueppel asked if anyone had any comments on the minutes. Hearing none, he asked for a motion to accept the minutes as. written. MOTION: Novick moved to accept the minutes of the May 19, 2004, meeting; Kubby seconded. Minutes were accepted. REVIEW CHARTER Chairperson Sueppel started the review process with the "Preamble ". There were no comments on this section, and he stated that they would set up a process where they would review a section and if everyone agrees with it as written, they will "TA" (temporarily approve) the section. "Definitions" was the next section reviewed. Sueppel stated he had a few questions in this area. "Eligible Elector" — he asked City Clerk Karr if they have any way of knowing who an "eligible elector" is. Karr responded that they go by the address given. Questions were asked about this process, and Karr explained the City's position on this. The discussion turned to qualified Charter Review Commission June 17, 2004 Page 2 electors, and Karr also responded to these questions. Chappell stated that he had a definition question. He asked about the "Measure ", and stated that he did not find that wording in the Charter. Instead they were referred to as "amendment resolution, motion, or ordinance ". He questioned why "measure" is defined. City Atty. Dilkes stated that they should set that issue aside for now, as the term "ordinance" is used in Title VIH but "measure" might make more sense. Sueppel asked why they have "person" identified in this section, and Karr explained the reasoning behind this wording. Discussion then turned to "Ordinance ", and Dilkes explained that the original commission used the term "ordinance" but defined it more broadly than State Code. "Article I - Powers of the City" — Sueppel asked if anyone had any comments on this suggestion. Hearing none, he stated they would "TA" this section. "Article II — City Council" — Sueppel asked if anyone had any questions. Kubby stated she has some comments about the 4/3 split in the Council, and depending on how that discussion goes, further along in the process, she may have questions regarding this area. Rowat commented about the various regions in the City, and discussed the at -large positions on the Council. Davidsen gave background history on how the City got to this point, and what the thinking was in the 1970's when things were changing so drastically. Karr gave some history on primaries, districts, general elections, and how representation was decided. Kubby stated that she is interested in discussing the system, and perhaps even changing this area in order to better serve the growing community. Chappell asked if she was referring to exploring a system whereby each citizen would have perhaps five representatives on the Council — one from their specific District, and four at- large. He questioned if the current Districts are too large, or if they need to review this area also. Discussion continued on the representation of each area of the City, and it was stated that every ten years, after a Census, the federal government gives the City parameters by which to decide these districts. Sueppel asked Karr to get a copy of the City's district map for each of the members of the Charter Review so they can further discuss this area. "Section 2.03 — Eligibility ". Sueppel asked what the term "domiciliary" referred to. Karr stated that the issue has arisen twice in twenty-five years, and had to do with a person running for office who after election wished to relocate outside of the district. For an at -large candidate, this is not an issue. However, if a person is representing a District seat, this is a problem. Novick asked if residence could be used in place of domiciliary. Dilkes stated there are some subtle differences, legally. Dilkes stated that in 2.03, she sees no problem with using "eligible elector.... ". Sueppel asked that they table this issue for now until the members have had a chance to review all the Charter. Sueppel asked if there were any questions on "Section 2.04 - Terms" . He noted that if the form of government would be changed, they would have to also change the accompanying terms and definitions. Chappell asked Karr about Section 2.02, and if this was done every ten years. She stated they are required to update Districts after every census, but they can also do these more often. Kubby asked about staggered terms, and what wording can be removed. It was reiterated that if they make changes such as this, they would have to update all terms associated. "Section 2.06 - Mayor ". Chappell turned the discussion towards the issue of how the Mayor is elected, and what the thinking was behind this process. Discussion turned to how other cities handle this aspect of their government. Discussion focused on the question of direct election or Council election of Mayor with no changes in Mayor's duties. Novick then discussed the "veto" Charter Review Commission June 17, 2004 Page 3 power of a mayor, and asked about a directly - elected mayor versus one chosen by the council. The issue of a full -time mayor was also discussed. Davidsen brought up the issue of campaigning and how this would change in a system where the citizens elect the mayor specifically. Sueppel asked that the members give some thought to these discussions, and they can address them fully as they move along. Discussion turned to the Mayor Pro tem, and Karr explained this process. Questions were asked about the power of this position. "Section 2.07 - General powers and duties ". Sueppel stated that he would like to finish Section II if possible, before they adjourn. He raised a question of the powers of the City, and how the City Manager and Council's powers play out as well. "Section 2.08 - Appointments" was discussed. Kubby asked a question regarding `B ", and what the language meant. "Section 2.09 — Rules; records ". State Law and there were no questions. "Section 2.10 — Vacancies ". State Law and no questions. "Section 2.11— Council action ". Sueppel asked about the term "a majority of the council members ". He stated that this has been changed in State Law to "all the members of the council ", and he gave some background on the State Law. There was also discussion about 2.1 l(B) which gives the Council the authority to submit a measure to a binding vote of the electorate. The Council has never used the authority and concern was expressed by Dilkes about whether such authority would be consistent with state law. Dilkes will review this area and report back to the Commission. Sueppel stated that this section would be on "hold ". "Section 2.12 — Prohibitions ". Sueppel asked why the language "or elected County official" was added to the Charter. Chappell stated that there is some discussion of this in the initial minutes of the Charter Review Commission. Green stated that it would be similar to the House and Senate, and the process there. Discussion turned to the various members' impressions of this section, and how they interpret it. Sueppel then turned the discussion to "B ", and brought up his concerns about this wording. He questioned the power, or lack of, by the Council. Various members made comments about this section, and it was decided that they would review this more in depth as they progress through the Charter. Karr noted that there is a distinction between Sections `B" and "C" under Section 2.12, and she gave some background information. Dilkes also gave further explanation of the City's system, the contract for the City Manager, and how State Codes play a part in the make -up of the City government. Karr stated that the City Manager would gladly attend a meeting if the members so desire. PUBLIC COMMENT Sueppel asked if there was any public comment. No one was present to speak. FUTURE MEETINGS Sueppel stated that July 29`h will be the next meeting, and they will continue the process as they have done today. Karr will have District maps ready for the members, and it was suggested that any correspondence or information that would be helpful be given to Karr for copying and Charter Review Commission June 17, 2004 Page 4 distributing to all members. Karr stated that she would get packets to the members at least a week before each meeting. ADJOURNMENT MOTION: Davidsen moved for adjournment at 8:50 AM; seconded by Green. Motion carried. MEARDON, SUEPPEL & DOWNER P.L.C. LAWYERS ROBERT N. DOWNER JAMES D. MOCARRAGHER MARK T. HAMER THOMAS D. HOBART MARGARETT. LAINSON DOUGLAS D. RUPPERT TIMOTHY J. KRUMM WILLIAM J. SUEPPEL CHARLES A, MEARDON DENNIS J. MITCHELL DAVID J. BRIGHT PETER J. GARDNER Ms. Marian Carr City Clerk City of Iowa City 410 E. Washington Street Iowa City, IA 52240 Dear Marian: 1 22 SOUTH LINN STREET IOWA CITY, IOWA 52240-1830 June 15, 2004 1-7777F-0-4 C R3 TELEPHONE: (319) 338-9222 FAx: (319) 338-7250 WWW.MEARDONLAW.COM WILLIAM L. MEARDON (1919-1997) OF COUNSEL: WILLIAM F. SUEPPEL JEAN BARTLEY Enclosed please find a memo setting out some issues concerning the City Charter. A number of these questions will be answered summarily by you or Eleanor. There are really only a few substantive issues that I raise. Would you make sure that everybody has a copy of my memo for Thursday's meeting. With kind regards. Very truly yours, William F. Sueppel WFS:sms Enclosure PRELIMINARY REVIEW IOWA CITY CHARTER The following is a very preliminary statement of issues and simple questions which were raised when I read through the Charter, article by article. I may or may not raise these issues as we go through the Charter, especially if other members have noted the same issues. However, for everyone's benefit, I did want to share my notes. 1. Definitions Clause (7). How does the City Clerk know who is an "eligible elector"? 2. Definitions Clause (10). Is this definition of "person" identical to the definition in Iowa Code, Section 4.1(20), and if not, what are the differences? 3. Article II . City Council. Section 2.02 Division into Council Districts. Are these districts changed decennially in keeping with the decennial census? Section 2.03 EligibilitX. Does the Clerk have any difficulty in ascertaining whether a potential council person is an "eligible elector of Iowa City "? Compare the use of the word "domiciliary" in this Section with the term "an eligible elector of a council district" in Section 3.01. Section 2.06 Mayor. (B) Does the Mayor actually present an annual State of the City message to the City? Section 2.06 Maw. (C) Is our Charter language consistent with Iowa Code, Section 374.14(3) on the office of Mayor Pro Tem? Section 2.07 General Powers and Duties. Is there any place in the Charter where the powers of the City are vested in some place other than the Council? Section 2.11 Council Action. (A) Is the language "a majority of the council members' interpreted the same as the Code language in Section 380.4, "all of the members of the council "? If not, should this provision be amended to mirror the state law? (B) Has the Council ever done this? Has the City Attorney ever issued an opinion as to the validity of this provision? Section 2.12 Prohibitions. (A) Why is the term "elected county official" used in this provision? (B) Has the City had any problem with the first sentence and especially with the language "may dictate, in any manner, "? 4. Article III. Nomination Primary Election and Regular Election Section 3.01 Nomination. (A) As interpreted by the City Clerk, are the number of signatures of eligible voters on a petition different for each council district or 2 different from the at -large seats? Do not all of the qualified electors in the city have the opportunity to vote on a district candidate the same as an at- large candidate? Section 3.02 Primary Election. (A) Would not a "run -off' election destroy the idea of having the voters in a council district select the two candidates who would run in the general election? Section 3.03 Regular City Election. (A) How could a "write -in candidate" be placed on an Iowa City ballot? 5. Article IV. City Manager. Section 4.02 Accountability; Removal. (B) What do the words "or until a city manager is appointed" mean? How is that term construed? Section 4.03 Absence; Disability of City Manager. Does the provision allowing the City Manager to designate a qualified city employee as acting City Manager create a problem because of the prohibition in Section 2.12(B) that "neither the council nor its members May dictate, in aEy manner, the appointment or removal of any person appointed by the City Manager "? How has this situation been handled in the past? Section 4.04 Duties of City Manager. 3 (A)(3) Should this section allow a method of appointment by city ordinance? (A)(4) How does this provision and the requirements for the City to adopt a "budget" interact? (A)(6) Who supervises "personal property'? Does the City annually inventory "personal property "? (A)(10) Does the City Manager actually provide the Council monthly with an itemized written monthly financial report? (B)(3) Has this provision created any question as to the legality of a contract? Does the City Manager routinely execute any contracts? Section 4.05 Ine i� bility; Prohibited Acts. Why is the term "as, provided by state law or this Charter" used instead of "or by city ordinance "? 6. Article V. Boards, Commissions and Committees Section 5.02 Appointment; Removal. Has the Council established the procedures required by this provision? Has this been done by ordinance? Why is the removal of members of boards permitted only "for justcause "? Section 5.03 Rules. (A) Is the term "by -laws and" necessary? 7. Article VI. Campaign Contributions and Expenditures 2 Generally, how do these provisions interact with Chapter 56, Campaign Finance, and with the rules established by the Iowa Ethics and Campaign Disclosure Board established under Section 68B.32? 8. Article VII. Initiative and Referendum. Section 7.01 General Provisions. (A)(3) Authori . Why is the term "ordinance' redefined in this particular article? Is there a need for this? (B)(1)(i) Limitations. Why is "amendments to this Charter" included? (C)(2) Construction. Should the provision include a requirement that the initiative includes specific language setting out what existing ordinances or parts of ordinances will be repealed by the proposed new ordinance? Section 7.02 Commencement of Proceedings; Affidavit. (B) Affidavit. What does the language "if on its face it appears to have signatures" mean? I would appreciate it if the Clerk would give the Commission a copy of the affidavits and petitions which the Clerk is required to have available? Section 7.03 Petitions; Revocation of Signatures. (F) Revocation of Signature. Can we delete the words "of his or her intent to revoke" and in lieu thereof insert the words "revoking his or 5 her signature'? Also, would the Clerk provide the Commission with a copy of the form for revoking a petitioners signature. Section 7.04 Procedure After Filing. (A) The Certificate of City Clerk; Amendment. Are the petitions considered "public records' by the City? (C) Court Review; New Petition. Does the Charter have the authority to invoke the jurisdiction of the state district court - review prior Supreme Court case discussing Iowa City Civil Rights Ordinance? Section 7.05 Action on Petitions. (A) Action by Council. Does the Council revise the ordinance proposed by petitioners in any way, or does the Council submit the ordinance as drafted by the petitioners? Section 7.06 Results of Election. (A) Initiative. In the first sentence, what does the term "except as provided in Section 7.0113(3) mean? In the second sentence, what does the term "to the extent of such conflict" mean? 9. Article VIII. Charter Amendments and Review. Section 8.01 Charter Amendments. As a general statement, would it not be better if the language of section A, B and C were uniform? For example, the language of C says "and the amendment becomes effective if approved by a majority of those voting ", whereas A says "and a proposed amendment becomes effective when approved by a majority of those 0 voting ", and B says "and the amendment does not become effective until approved by a majority of those voting ". It seems to me that the term "and a proposed amendment becomes effective if approved by a majority of those . voting" could be used in all three sections so there does not appear to be any distinction as to how a proposed amendment becomes effective. Section 8.02 Charter Review Commission. I would appreciate it if the Clerk would provide the members of the Review Committee with a copy of the procedures established under Article V for Boards, Commissions and Committees, since these are the procedures that will guide our Charter Review Commission. Also, can the final two sentences could be more concise? I think that the intent is as follows: "The Commission shall submit each amendment to the Council, which shall proceed, by resolution, pursuant to Section 8.01(A) or shall proceed by ordinance pursuant to Section 8.01(B). Summary The intent of this memo is not to nitpick the Charter. These are really only a few substantive issues. However, I believe a section -by- section review of the Charter does raise some questions. Many of the matters raised will be disposed of summarily by the response to the questions. 7 -07/16/2004 FRI 8:48 FAX 1 563 242 7775 CITY OF CLINTON 1 v.T.m, CITY OF CLINTON, IOWA ADOPTED: APRIL 28, 1987 EFFECTIVE: JANUARY 2, 1988 AS AMENDED BY: Ordinance No. 1875 and 1991 Municipal Election N01/018 0-29 -oa CR4 07/16/2004 FRI 8;48 FAX 1 563 242 7775 CITY OF CLINTON U002/018 07/16/2004 FRI 8;48 FAX 1 563 242 7775 CITY OF CLINTON PREAMBLE X003/018 We, the citizens of Clinton, Iowa, have adopted this Home Rule Charter based upon the following principles: t) That the government of Clinton is a representative form of government directly accountable to its citizens who all share the responsibility for it. 2) That the government of Clinton and those representing it should be accessible and responsive to the people. 3) That each citizen has a right to obtain fair, equal, and courteous treatment from each' city official and employee_ 4) That the government of Clinton promote the health, safety, and general welfare of its residents and encourage the participation of its citizens in their government in order to secure the full benefits of "Home Rule ". 07/16/2004 FRI 8;48 FAX 1 563 242 7775 CITY OF CLINTON N4/018 07/16/2004 FRI 8;48 FAX 1 563 242 7775 CITY OF CANTON TABLE OF CONTENTS Article I Powers of the City of Clinton Page 1 Article 11 City Council Page 1 Article III Mayor Page 3 Article IV City Manager Page 4 Article V Boards, Commissions and Committees Page 4 Article VI Initiative and Referendum Page 5 Article VII Charter Amendments and Review Page 10 U005/018 07/16/2004 FRI 8;48 FAX 1 563 242 7775 CITY OF CLINTON X006/018 07/16/2004 FRI 8;48 FAX 1 563 242 7775 CITY OF CLINTON 2007/018 ARTICLE I POWERS OF THE CITY Section 1.1 Powers of the City. The City of Clinton, Iowa shall have all the powers possible under the constitution and laws of the State of Iowa. Section 1.2 Construction. The powers of the City of Clinton, Iowa under this Charter shall be construed liberally in favor of the City and the specific mention of particular powers in the Charter shall not be construed as limiting in any way the general power of this article. Section 1.3 Existing Legislation_ The enactment of this Charter shall not repeal existing resolutions or ordinances or ordinances of the City of Clinton, Iowa, change its City Code, except where the provisions of this enactment specifically change or are irreconcilable with the provisions of such resolutions, ordinances or provisions of the City Code_ Section 1.4 Savings Clause_ If any provision of this Charter, or the application of this Charter to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this Charter_ ARTICLE 11 CITY COUNCIL Section 2.1 Composition_ The City Council shall consist of seven members, to be known as Councilmembers at large, shall be nominated by the eligible electors of the City at large, and elected by the qualified electors of the City at large. Four, to be known as ward councilmembers, shall be nominated by the eligible electors of their respective wards and elected by the qualified electors of their respective wards. Section 2.2 Division into Wards. The City Council, by ordinance, shall divide the City into four wards of substantially equal population. Section 2.3. Eligibility. The terms of all counciimembers shall be for two years. Section 2.4 Terms. The terms of all councilmembers shall be four years and they shall be staggered. Section 2.5 Compensation. The City Council, by ordinance, shall prescribe the compensation of councilmembers, however, the City Council shall not adopt such an ordinance changing the compensation of councilmembers during the months of November and December immediately following a regular City election. A change in the compensation of councilmembers shall become effective for all councilmembers at the beginning of the term of the councilmembers elected at the election next following the change in compensation. Page 1 07/16/2004 FRI 8:49 FAX 1 563 242 7775 CITY OF CLINTON N08/018 ' Section 2.6 General Powers, All powers of the City are vested in the City Council, except as otherwise provided by the laws of the State of Iowa and provisions of this Charter. Section 2.7 Rules and Records. The City Council shall determine its own rules and shall maintain records of its proceedings consistent with the laws of the State of Iowa. Section 2.8 Vacancies. The City shall fill vacancies in the event a councilmember no longer is a qualified elector of the City of Clinton, no longer a resident of the City of Clinton, Iowa, or a resident of a specific ward, resigns or deceases. The City Council shall act as a nomination committee conducting one public hearing within fourteen (14) days of the occurrence of the vacancy, and shall establish a list of names of eligible electors willing to serve. The City Council shall fill the vacancy from the established list within thirty (30) days of the occurrence of the vacancy. Nothing in this section shall preempt the citizens' right to petition for an election as provided by the laws of the State of towa. Section 2.9 City Council action. A, Passage of an ordinance, amendment or resolution shall be by the affirmative vote of a majority of the councilmembers, except as otherwise provided by the laws of the State of Iowa and provisions of this Charter. Any measure resulting in a tie vote shall be reconsidered at the next regular City Council meeting_ B. The 'City Council may submit to the voters a proposition for the repeal, amendment or enactment of any measure, to be voted upon at any succeeding general, regular or special City election, and if the proposition submitted receives a majority of the votes, the measure shall be repealed, amended or enacted accordingly. Section 2.10 Prohibitions. A. A councilmember may not hold any other City office or be a City employee or any other elected official while serving on the City Council. B. Councilmembers, as policy makers, should not interfere with the supervision or direction of any department or person appointed by or under the control of the Mayor, or City'Manager, Page 2 07/16/2004 FRI 8:49 FAX 1 563 242 7775 CITY OF CLINTON U009/018 Section 2.11 Appointments_ A. The City Council may appoint a City Manager. (See Article IV). B. All appointments to the City s boards, commissions and committees shall not become effective unless approved by the City Council, except as otherwise provided by the laws of the State of Iowa and this Charter. C. The .City Council shall fix the compensation of persons it appoints, and shall provide for the method of appointment, promotion, removal and compensation of other city employees consistent with the laws of the State of Iowa, and this Charter. ARTICLE III MAYOR Section 3.1 Eligibility, Election and Term. A. There shall be a Mayor elected at large by the qualified electors of the City. B. Only eligible electors of the City shall be eligible to hold the office of Mayor. C. The Mayor shall be elected by voters at large at the regular City election every four years to serve for a four -year term. Section 3.2 Salary. The City Council shall, by ordinance, prescribe the compensation of the Mayor giving due regard to the duties and responsibilities of the position. However, a change in the compensation of the Mayor shall not become effective during the term in which the change is adopted and the Ordinance changing said compensation shall not be adopted in November and December immediately following a regular City election. Section 3.3 Vacancy. Should a vacancy occur in the office of Mayor in the event of resignation or death, the City Council shall act as a nominating committee. The committee shall conduct one public hearing within fourteen days of the occurrence of the vacancy, and shall establish a list of names of eligible electors willing to serve. The City Council shall fill the vacancy from the established list within 30 days of the occurrence of the vacancy. Nothing in this section shall preempt the citizens' right to petition for an election as provided by the laws of the State of Iowa. Section 3.4. Mayor's Powers and Duties. A. The Mayor is the official representative of the City. Page 3 07/16/2004 FRI 8.49 FAX 1 563 242 7775 CITY OF CLINTON 2010/018 B. The Mayor is the presiding officer of the City Council. The Mayor may call special meetings of the City Council when necessary. C. The Mayor is not a voting member of the City Council. The Mayor may enter into all discussions and express views. D. The Mayor may sign, veto or take no action on an ordinance, amendment or resolution passed by the City Council. If the Mayor signs a measurer, a resolution becomes effective immediately upon signing, and an ordinance or amendment becomes a law when published, unless a subsequent effective date is provided within the measure_ If the Mayor vetoes a measure, the Mayor shall explain the reasons for the veto to the council at the time of the -veto. If the Mayor vetoes a measure and the City Council repasses the measure after the Mayors veto, a resolution becomes effective immediately upon repassage, and an ordinance or amendment becomes a law when published, but no sooner than fourteen days after the date of the passage, unless a subsequent effective date is provided within the measure. E. The Mayor shall be responsible for enforcement of all laws, provisions of this Charter and actions of the City Council. F. The Mayor shall appoint the Mayor Pro -tem who will act as Mayor during the Mayor's absence. ARTICLE IV CITY MANAGER The City Council may by ordinance provide for a City Manager, and prescribe the Manager's powers, duties and compensation. The City of Clinton, Iowa has such an ordinance at the present time (Ordinance Number 1772, dated June 26, 1984) which shall continue in full force and effect subject to repeal or amendment by the City Council in the manner provided by law. ARTICLE V BOARDS, COMMISSION AND COMMITTEES Section.5.1 Establishment. The City Council may establish boards, commissions and committees in addition to those required by the laws of the State of Iowa and shall specify the titles, duties, length of terms, qualifications of members and other appropriate matters. The City Council may reduce or increase duties of any board, commission or committee; transfer duties from one to another or dissolve any board, commission or committee, except as otherwise provided by the Iowa law or this Charter. This Article does not apply to "Standing Committees of the City Council'. All members shall be residents of Clinton, Iowa and eligible electors. Page 4 07/16/2004 FRI 8:49 FAX 1 563 242 7775 CITY OF CLINTON R011/018 Section 5.2 Appointment, Vacancies and Removal. The Mayor shall appoint, with the approval of the City Council, all members of boards, commissions and committees unless otherwise provided by the laws of the State of Iowa or existing City ordinances at the time of the adoption of this Charter, and shall seek to provide broad representation on all boards, commissions and committees, subject to the requirements of the laws of the State of Iowa. All members shall be residents of Clinton, Iowa and eligible electors. The City Council shall establish procedures for not less than thirty days notice of vacancies on boards, commissions and committees and shall encourage nominations by citizens before the vacancies are filled. The City Council shall establish conditions for the removal of members of boards, commissions and committees for just cause, consistent with the laws of the State of Iowa. Section 5.3 Rules All boards, commissions and committees shall adopt rules and procedures for their operation, including rules pertaining to open meetings, consistent with the laws of the State of Iowa. ARTICLE VI INITIATIVE AND REFERENDUM Section 6.1 General Provisions A. Authority (1) Initiative. The qualified electors have the right to propose ordinances to the City Council and, if the City Council fails to adopt an ordinance so proposed without any change in substance, to have the ordinance submitted to the voters at an election. (2) Referendum The qualified electors have the right to require reconsideration by the City Council of an existing ordinance and, if the City Council fails to repeal such ordinance, to have it submitted to the voters at an election. (3) Definition Within this article, "ordinance" means all measures of a legislative nature, however designated, which are of permanent rather than temporary character, and include a proposition enacting, amending or repealing a new or existing law, policy of plan, as opposed to one providing for the execution of administration of a law, policy or plan already enacted by the City Council. Page 5 07/16/2004 FRI 8:49 FAX 1 563 242 7775 CITY OF CLINTON [012/018 "Eligible Electors" mean persons who possess all of the qualifications necessary to entitle the person to be registered to vote, whether or not the person is in fact so registered. "Qualified Electors" mean residents of the City of Clinton who are registered voters of the City of Clinton, Iowa. B. (_imitations (1) Subject matter. The right of initiative and referendum shall not extend to any of the following: (a) Any measure of an executive or administrative nature. (b) The City budget. (c) The appropriation of money. (d) The levy of taxes or special assessments. (e) The issuance of General Obligation and Revenue Bonds. (f) The letting of contracts. (g) Salaries of City employees. (h) Emergency ordinances. (i) Any measure required to be enacted by State or Federal law. (j) Amendments to this Charter, except as provided in Section .16 of this Charter. (k) Amendments affecting the City Zoning ordinance. (2) Resubmission No initiative or referendum petition shall be fled within two years after the same measure or a measure substantially the same has been submitted to the voters at an election. (3) City Council repeal, amendment, and reenactment. No ordinance proposed by initiative petition and adopted by the vote of the City Council without submission to the voters, or. adopted by the voters pursuant to this Article, may for two years thereafter be repealed or amended except by a vote of the people, unless provision is otherwise made in the original initiative ordinance. No ordinance referred by referendum petition and repealed by the vote of the City Council without submission to the voters, or repealed by the voters pursuant to this article, may be reenacted for two years thereafter except by vote of the people, unless provision is otherwise made in the original referendum petition. 2M. 07/16/2004 FRI 8;49 FAX 1 563 242 7775 CITY OF CLINTON 8013/018 C. Construction. (1) Scope of power. It is intended that this article confer broad initiatives and referendum powers upon the qualified electors of the City of Clinton, Iowa, (2) Initiative. It is intended that an initiative petition will be valid and may repeal an existing ordinance in whole or in part by virtue of proposing a new ordinance. It is intended that an initiative petition may amend an existing ordinance. D. Effect of filing petition. The filing of an initiative or referendum petition does not suspend or invalidate any ordinance under consideration and such ordinance shall remain in full force and effect until its amendment or repeal by City Council pursuant to this Charter, or until a majority of the qualified electors voting on an ordinance vote to repeal or amend the ordinance and the vote is certified by the Clinton County, Iowa Board of Canvassers, E. City obligation. An initiative or referendum vote which repeals an existing ordinance in whole or in part does not affect any obligations entered into the by City, its agencies or any person in reliance on the ordinance during the time it was in effect. Section 6.2 Commencement of proceedings; Affidavit. A. Commencement. One or more qualified electors, hereafter referred to as the "petitioners" may commence initiative or referendum proceedings by filing with the City Clerk - Treasurer an affidavit stating they will supervise the circulation of the petition and will be responsible for filing it in proper form, stating their names and addresses and specifying the address to which all relevant notices are to be sent, and setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered. Page 7 07/16/2004 FRI 8;49 FAX 1 563 242 7775 CITY OF CLINTON ►014/018 B. Affidavit_ The City Clerk- Treasurer shall accept the affidavit for filing if on its face it appears to have signatures of one or more qualified elector(s)- The City Clerk - Treasurer shall issue the appropriate petition forms to the petitioners within two (2) days after the affidavit is accepted for filing. Section 6.3 Petitions; Revocation of signatures. A. Number of signatures. Initiative and referendum petitions must be signed by qualified electors equal In number to at least twenty -five percent (25 %) of the number of persons who voted in the last regular City election, but by not fewer than 1,500 qualified electors. B. Form and content. All' papers of a petition prepared for filing must be .substantially uniform in size and style and must be assembled as one instrument. Each signature on the petition must .be followed by the address of the person signing and the date signature is executed. A petition prepared for circulation must contain or have attached - thereto throughout their circulation the full text of the ordinance proposed or sought to be reconsidered. The petition filed with the City Clerk - Treasurer need have attached to it only one copy of the ordinance being proposed or referred. C. Affidavit of Circulator. Each paper of a petition containing signatures must have attached to it when filed an affidavit executed by a qualified elector certifying the number of signatures on the paper, that he /she personally circulated it, that all signatures were affixed in his /her presence, that he /she believes them to be genuine signatures of the persons whose names they purport to be and that each signer had an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered. Any person filing a false affidavit will be liable to criminal penalties as provided by Iowa law. D. Time for filing initiative petitions. Signatures on an initiative petition must be secured and the petition filed within six months after the date the affidavit required under Section 6.2A was filed. E. Time for filing referendum petitions, Referendum petitions may be filed within six months after the date the affidavit required under Section 62A was filed. Page 8 07/16/2004 FRI 8;50 FAX 1 563 242 7775 CITY OF CLINTON N5/O18 Section 6.4 Procedure after filing. A. Certificate of City Clerk- Treasurer, Within twenty (20) days after a petition is filed, the City Clerk- Treasurer shall complete a certificate as to its sufficiency, specifying, if it is insufficient, the particulars wherein it is defective and shall promptly send a copy of the certificate to the petitioners by registered mail, and a copy to the Mayor, who shall advise the City Council. If a petition is certified sufficient, the City Clerk- Treasurer shall promptly present the certificate to the City Council. B. Validity of signatures. A petition shall be deemed sufficient for the purposes of this Article if it contains valid signatures in the number prescribed in Section 6.3 and is timely filed event though the petition may contain one or more invalid signatures. A valid signature need not be in the identical form in which the qualified electors name appears on the voting rolls, nor may a signature be deemed invalid because the address accompanying the name on the petition is different from the address for the same name on the current voting rolls. Section 6.5 Action on Petitions. A. Action by City Council. When an initiative or referendum petition has been certified sufficient, the City Council shall promptly consider the proposed initiative ordinance or reconsider the referred ordinance. If the City Council fails to adopt a proposed initiative ordinance without any change in substance within sixty (60) days, or fails to repeal the referred ordinance within sixty (60) days after the date the petition was finally determined sufficient, it shall submit the proposed or referred ordinance to the qualified electors of the City as hereinafter prescribed. The City Council shall submit to the voters any ordinance which has been proposed or referred in accordance with the provisions of this Article unless the petition is deemed insufficient pursuant to Section 6.4. If at any time more than thirty (30) days before the scheduled initiative or referendum election the City Council adopts the proposed initiative ordinance without any change in substance, or repeals a referred ordinance, the initiative or referendum proceedings shall terminate and the proposed or referred ordinance shall not be submitted to the voters_ B. Submission to Voters. The vote of the City on a proposed or referred ordinance shall be a special election to be held at the regular City election, or at a general election, whichever comes first, provided, however, that the City Council may provide for a special Page 9 07/16/2004 FRI 8;50 FAX 1 563 242 7775 CITY OF CLINTON 0016/018 referendum election on a referred ordinance any time after the expiration of the sixty (60) day period provided for reconsideration in Section 6.5A. Copies of the proposed or referred ordinance shall be made available to the qualified electors at the polls and shall be advertised at the City's expense in the manner prescribed by the laws of the State of Iowa. The subject matter and purpose of the referred or proposed ordinance shall be indicated on the ballot. Section 6.6 Results of Election. A. Initiative. If a majority of the qualified electors voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results by the Clinton County, Iowa Board of Canvassers and shall be treated in all respects in the same manner as ordinances of the same kind adopted by the City Council, except as provided in Section 0.113(3). if conflicting ordinances are approved by majority vote at the same election, the one receiving the greatest n umber of affirmative votes shall prevail to the extent of such conflict. B. Referendum. If a majority of the qualified electors voting on a referred ordinance vote against it, it shall be considered repealed upon certification of the election results by the Clinton County, Iowa Board of Canvassers. If conflicting ordinances are approved by majority vote at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. Section 6.7. Prohibition on establishment of stricter conditions or requirements. The City Council may not set, except by Charter amendment, conditions or requirements affecting initiative and referendum which are higher or more stringent than those imposed by this Charter. ARTICLE VII CHARTER AMENDMENTS AND REVIEW Section 7.1 Charter Amendments. This Charter may be amended only by one of the following methods: A. The City Council, by resolution, may submit a proposed amendment to the voters at a City, or a general election, and a proposed amendment becomes effective when approved by a majority of those voting. B. The City Council, by ordinance, may amend the Charter. However, within thirty (30) days of publication of the ordinance, if a petition signed by eligible electors Page 10 07/16/2004 FRI 8;50 FAX 1 563 242 7775 CITY OF CLINTON U017/018 of the City equal in number to ten percent of the persons who voted at the last preceding regular City election, but not less than 10 persons, is filed with the City Council, the City Council must submit the amending ordinance to the voters at a City or general election, whichever comes first, and the amendment does not become effective until approved by a majority of those voting. C. If a petition signed by eligible electors of the City equal in number to ten percent of the persons who voted at the last preceding regular City election, but less than 10 persons, is filed with the City Council proposing an amendment to the Charter, the City Council must submit the proposed amendment to the voters at a City or general election, whichever comes first, and the amendment becomes effective if approved by a majority of those voting. Section 7.2 Charter Review Commission, The City Council, using the procedures prescribed in Article V, may establish a Charter Review Commission at least once every ten (10) years following the effective date of this Charter. The Commission, consisting of at least nine (9) members, shall review the existing Charter and may, within twelve (12) months recommend any Charter amendments that it deems fit. The City Council shall submit such amendments to the voters in the form prescribed by the Commission, and an amendment becomes effective when approved by a majority of those voting. The Commission may also recommend to the City Council that it exercise its power of amendment pursuant to Section 7.1 B of this Charter on a matter recommended by the Commission. Page 11 07/16/2004 FRI 8;50 FAX 1 563 242 7775 CITY OF CLINTON x]018/018 07/16/2004 08:38 5155737078 MAYOR OF FORT DODGE PAGE 01 0 4 CHARTER OF THE CITY OF FORT DODGE, IOWA 07/16/2004 08:38 5155737078 MAYOR OF FORT DODGE PAGE 02 PREAMBLE We, the people of Fort Dodge, in order to secure Continuity, Representation, Separation of Powers, Accountability, and Profes- sionalism in city government, and to insure Justice, Tranquility, Safety, and General Welfare for ourselves and our posterity, have adopted this Charter that the full benefits of government might be enjoyed by all. 07/16/2004 08:38 5155737078 MAYOR OF FORT DODGE CHARTER OF THE CITY OF FORT DODGE, IOWA March 5, 1981 ARTICLE I POWERS OF THE CITY PAGE 03 Section 1.01 - Powers of the Cif The City of Fort Dodge, Iowa, shall have all powers possible for a city to have under the constitution and laws of this state. Section 1.02 - Construction The powers of the City of Fort Dodge, Iowa, under this Charter shall be construed liberally in favor of the City and the specific mention of particular powers in the Charter shall not be construed as limiting in any way the general power in this article. Section 1.03 - Intergovernmental Relations The City of Fort Dodge, Iowa, may exercise any of its powers or perform any of its functions and may participate in the financing thereof, jointly or in cooperation, by contract or otherwise, with any other governmental entity or agency of Iowa or with any one or more states or civil divisions or agencies thereof, or the United States or any agency thereof, as by law provided. Section 1.04 - Savings Clause If any article, section, provision or part of this Charter or the application thereof to any person or circumstance is adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the Charter as a whole or any article, section, provision, part or application thereof not so adjudged invalid or unconstitutional. 1 -1 07/16/2004 08:38 5155737078 MAYOR OF FORT DODGE PAGE 04 Section 1.05 - Definitions As used in this Charter the following definitions shall be applicable: 1. "As by law provided" refers to any and all state or federal statutes imposing a duty requirement power or limitation upon an Iowa municipal corporation, 2. "At large" means anywhere within the corporate limits of the City of Fort Dodge. 3. "City" means the City of Fort Dodge, Iowa, a municipal corporation. 4. "City Council" means the governing body of the City of Fort Dodge. 5. "Compensation" is the established'annual remuneration for members of the City Council. 6. "Eligible elector" means a person who possesses all of the qualifications necessary to entitle them to be registered to vote whether or not they are in fact so registered. 7. "May" confers a discretionary power. 8. "Measure" means any resolution, ordinance or amendment considered or adopted by the City Council. 9. "Must" states a requirement. 10. "Qualified elector" means a person who is registered to vote pursuant to -Iowa law. 11. "Salary" is the established annual pay for the mayor and employees of the City. 12.. "Shall" imposes a mandatory duty. 13. "State law" means any statute or regulation promulgated pursuant to the statutes of the State of Iowa. 14. "Ward" is a territorial subdivision created for the purpose of electing some City Council members. 1 -2 07/16/2004 08:38 5155737078 MAYOR OF FORT DODGE PAGE 05 ARTICLE II CITY COUNCIL Section 2.01 - Composition, Eligibility, Election and Terms (a) Composition. There shall be a City Council of seven members. Three shall be elected at large by the qualified electors of the City, and one shall be elected from each of the four wards by the qualified electors of that ward. (b) Eligibility. Only eligible electors of the City shall be eligible to be a candidate or hold office at large, and only eligible electors of the ward shall be eligible to be a candidate or hold office from a ward. (c) Election and Terms. The regular election of council members shall be held as by law provided. (1) At the first election under this Charter: a. Three council members at large will be elected. The two-council members receiving the highest number of votes shall be elected for four -year terms. The remaining council member shall be elected for a two -year term. b. In case of a tie, the Mayor and Clerk shall determine by lot which council member is elected as by law provided. c. The council members elected from wards shall be elected for two -year terms. (2) Commencing at the next regular election and at all subsequent elections, council members at large shall be elected for four -year terms. The council members elected from wards shall be elected for two -year terms. (3) The terms of council members shall begin and end as by law providcd. 2 -1 07/16/2004 08:38 5155737078 MAYOR OF FORT DODGE PAGE 06 Section 2.02 - Commpensation, Expenses Upon adoption of this Charter by the voters, the then existing City Council shall by ordinance no later than the 15th day, of August immediately following such adoption prescribe the reasonable com- pensation of the council members provided herein giving due regard to the duties and responsibility of such council members herein set out as by law provided. Thereafter the City Council shall prescribe the reasonable compensation of the council members giving due regard to the duties and responsibilities of such council members herein set out and the recommendations of the Salary Review Advisory Board, all as by law provided. Section 2,03•- Division of Council Wards Upon adoption of this Charter by the voters, the then existing City Council shall by ordinance no later than the 15th day of August immediately following such adoption divide the City into four council wards of substantially equal population pursuant to the population enumeration of the most recent decennial census as by law provided. Thereafter the City Council shall by ordinance realign four existing council wards every ten years pursuant to the population enumeration of the most recent decennial census as by law provided. These wards shall be designated as Council Ward 1, Council Ward 2, Council Ward 3 and Council Ward 4. Section 2.04 - Meetings (a) The City Council shall, by ordinance, establish regular meetings dates and times, but in no event shall meet less than twice monthly. Special meetings may be called by the Mayor, giving notifi- cation to each council member, or by any three members of the Council. Notice of all meetings shall be given to the,,public as by law provided. 2 -2 07/16/2004 08:38 5155737078 MAYOR OF FORT DODGE PAGE 07 (b) Voting, except on procedural motions, shall be by roll call and the ayes and nays must be recorded in the minute book. passage of an ordinance, amendment, resolution, a motion to spend public funds, or a motion to accept public improvements and facil- ities upon their completion, shall be adopted as by law provided. Section 2.05 - General Powers and Duties (a) All powers of the City sha11 be vested in the Council except as otherwise provided by state law, this Charter, or council ordinance. (b) The Council shall by ordinance establish reasonable procedures, minimum expenditure levels, and areas of applicability for the utilization of informal competitive bids and formal sealed competitive bids in addition to and not inconsistent with those established by law, (c) The Council may establish, eliminate, or modify such departments as may from time to time be necessary; provide such supervisory and operational personnel as efficiency and effective- ness may warrant; authorize such equipment for said departments as efficiency and effectiveness may warrant giving due consideration to the recommendations of the Mayor. (d) The Council shall establish as by law provided, all salaries and compensation for all officers, administrative and operational personnel, giving due consideration to the recommenda- tions of the Mayor. (e) The Council shall by ordinance establish reasonable procedures for the obligation and expenditure of municipal funds not inconsistent with state law. 2 -3 07/16/2004 08:38 5155737078 MAYOR OF FORT DODGE PAGE 08 (f) The Council shall determine its own rules and maintain records of its proceedings as by law provided, (g) The Council may investigate the affairs and conduct of any-City department, agency, or officer and secure from a court of competent jurisdiction production of evidence and attendance of witnesses. (h) The Council may override mayoral vetos as by law provided. Section 2,06 - Appointments (a) The Council shall appoint the City Clerk. (b) The Council shall appoint a City Attorney who shall serve as chief legal advisor to•the Council. Mayor and all City departments, offices, and agencies. The City Attorney shall represent the City in all legal proceedings and perform other duties ,prescribed by state or city law unless special counsel is appointed by the Council at the request of the City Attorney. 0 Section 2..07 - Administrative Agencies The Council shall establish all City administrative agencies (boards and commissions) as by law provided. Section 2.08 - Prohibitions (a) Appointments and Removals. Neither the Council nor any of its members shall, inconsistent with its statutory removal hearing power, dictate the appointment or removal of any City administrative officers or employees whom the Mayor or any of"the Mayor's subordinates are empowered to appoint- 2-4 07/16/2004 08;38 5155737078 MAYOR OF FORT DODGE PAGE 09 (b) Interference with Administration. Except for the purpose of inquiries and investigations under the Code of Iowa, the Council or its members shall.deal with City officers and employees who are 'subject to the direction and supervision of the Mayor solely through the Mayor and neither the Council nor its members shall give orders to any such officers or employees, either publicly or privately. Section 2.09 - Removal from Office Fillip Vacancies (a) Removal from Office. A Council member may be removed from office as by law provided. (b) Filling Vacancies. In exercising its statutory vacancy filling powers, the Council shall utilize the following procedure. (1) To fill a vacancy in an at -large council position, the Council shall within seven days of the time the vacancy occurs, appoint from outside its members, a seven - member nominating commit- tee comprised of one member from each council ward and three members from the City at large. No more than two members may be from any one ward. The committee shall conduct one public hearing and within fourteen days of the committee's appointment shall submit a list of names to the Council of not less than three nor more than five eligible electors willing to serve. The Council shall fill the vacancy from that list. (2) To fill a vacancy occurring in a council ward position, the Council shall within seven days of the time the vacancy occurs, appoint from outside its members, a five - member nominating committee from that council ward. The committee shall conduct one public hearing and within fourteen days of the committee's appointment, shall submit a list of names to the Council of not less than three nor more than five eligible electors willing to acrve. The Council shall fill the vacancy from that list. 2 -5 07/16/2004 08:38 5155737078 MAYOR OF FORT DODGE PAGE 10 Section 2.10 - Mayor Pro Tem The Council $hall elect one of.its members as Mayor pro tem who shall serve for a period of two years and have such powers as are by law provided. Section 2.11 - Independent Audit The Council shall provide for an independent audit as by law provided. 2 -6 07/16/2004 08:38 5155737078 MAYOR OF FORT DODGE PAGE 11 ARTICLE III Section 3.01 - Eligibility ,Election and Term (a) There shall be a Mayor elected at large by the qualified electors of the City. (b) Eligibility. Only eligible electors of the City shall be a candidate or hold the office of Mayor. (c) Election and Term. The Mayor shall be elected by the voters at large at the regular City election every four years to serve for a four -year term. The term of a Mayor shall begin and end as by law provided. Section 3.02 - Salary Upon adoption of this Charter by the voters, the then existing City Council shall by ordinance no later than the 15th day of August immediately following such adoption prescribe the reasonable salary of the Mayor giving due regard to the duties.and responsi- bilities of the Mayor herein set out as by law provided. Thereafter the Council shall by ordinance prescribe the reasonable salary of the Mayor giving due regard to the duties and responsibilities of the Mayor herein set out and the recommendations of the Salary Review Advisory Board, all as by law provided. Section 3.03 - Removal from Office Filling Vacancies (a) Removal from Office. A Mayor may be removed from office as by law provided. (b) Filling Vacancies. In exercising its statutory vacancy filling powers, the Council shall utilize the following procedure. M a 07/16/2004 08:38 5155737078 MAYOR OF FORT DODGE PAGE 12 To fill a vacancy in the position of Mayor, the Council shall within seven days of the time the vacancy occurs, appoint from outside its members, a seven - member nominating committee comprised of one member from each council ward and three members from the City at large. No more than two members shall be from any one ward. The committee shall conduct one public hearing and within fourteen days of the committee's appointment shall submit a list of names to the Council of not less than three or more than five eligible electors willing to serve. The Council shall fill the vacancy from that list. Section 3.04 - Mayor's Powers and Duties (a) The Mayor is the chief executive officer of the City and presiding officer of the Council. The Mayor is not a member of. the Council and shall not be eligible to vote on any measure before the Council. The Mayor shall supervise all city officers and departments and may call special meetings of the Council. (b) State of the City Messages. The Mayor shall during January of each calendar year and at any other time at the formal request o£.a majority of the Council, give the Council information as to the affairs of the City and make what recommendations he or she considers necessary and desirable. (e) Procedure on Council Measures. The Mayor may sign, veto or take no action on an ordinance, amendment or resolution passed by the Council. Measures passed by the Council shall become effective as by law provided. 3 -2 07/16/2004 08:38 5155737078 MAYOR OF FORT DODGE PAGE 13 (d) Law Enforcement Authority. The Mayor shall see that all laws, provisions of the Charter, and ordinances and amendments of the Council subject to enforcement by the Mayor or by officers subject to the Mayor's direction and supervision are faithfully executed, The Mayor may take command of the police and govern the City by proclamation when the Mayor determines 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. (e) Appointing Authority. The Mayor shall appoint such department heads as may be authorized by the Council subject to the Council's approval and such other administrative officers and employees as may from time to time be authorized by the Council. The Mayor may delegate to administrative officers who are - subject to the Mayor's direction and supervision, the authority to exercise only that portion of the Mayor's appointing and hiring authority which are not-herein made subject to the approval of the Council. (f) Suspension. Suspension or removal of appointees shall be consistent with the laws of the state. The Mayor shall inform the Council of all such actions. (g) .Supervisory Authority. The Mayor shall direct and supervise the administration of all departments, offices and agencies of the City except as otherwise provided by this Charter, state law, or city ordinances. (h) Budget Preparation. The Mayor shall prepare and submit the annual budget and capital improvements program to the Council along with a budget message detailing the current state of economy 3 -3 07/16/2004 08:38 5155737078 MAYOR OF FORT DODGE PAGE 14 and efficiency in the several departments and agencies, specifically addressing itself to merger of departments, structural realignment, changes in authorized levels of personnel and such other matters as may from time to time be requested by the Council. This message may include such additional. matters as the Mayor feels is reasonable and necessary for the orderly and efficient operation of the City and understanding of the budget proposals. (i) Other. The Mayor shall exercise such other powers and perform such other duties as may be prescribed by this Charter, by ordinance or by state law. Section 3.05 - Administrative Assistant (a) There shall be an Administrative Assistant who shall be appointed by the Mayor, subject to the approval of the Council. This appointment shall be made solely on the basis of the appointee's educational, executive and administrative qualifications and may be removed by the Mayor in accordance with Section 3.04 (f) of this Charter. (b) The Administrative Assistant shall be responsible to the Mayor for the administration of all city affairs placed in his charge and to assist the Mayor in the administration of all other city affairs. These duties shall include but not be limited to: (1) Attend meetings of the Council. (2) Recommend to the Mayor any measures necessary.or expedient for the good government and welfare of the City. (3) Coordinate all operations between City departments. (4) Coordinate the supervision of the construction, improve- went, repair maintenance, and management of all City property, capital improvements, and undertakings of the City, includi.ns the 3 -4 07/16/2004 08:38 5155737078 MAYOR OF FORT DODGE PAGE 15 making and preservation of all surveys, maps, plans, drawings, specifications, and estimates for capital improvements except property improvements. (5) Monitor the supervision of the performance of all contracts for work to be done for the City. (6) supervise the purchasing of material and supplies, and ascertain that such material and supplies are received and are of the quality and character called for by the contract. (7) Keep the Mayor fully advised of the financial and other conditions of the City and of its future needs. (8) Assist in the preparation annually of the required budget. (9) Assure that accurate records are being kept by modern and-efficient accounting methods. (10) Keep the Mayor informed of appropriate.state and federal programs. Prepare and submit applications for funding under such programs and report on the status of pending and current programs and assist with other necessary accountability reports. (11) Perform other duties at the Mayor's direction. (c) The Administrative Assistant shall not actively partici- pate in any election campaign of any City official other than by Y casting a vote'. (d) The Administrative Assistant shall be paid a salary of an amount to be fixed by the Mayor with the approval of the Council. The Council shall not decrease the salary of any incumbent Admini- strative Assistant. 3 -5 07/16/2004 08:38 5155737078 MAYOR OF FORT DODGE PAGE 16 AR'T'ICLE IV SALARY REVIEW ADVISORY BOARD Section 4.01 - Establishment The Council shall by ordinance establish and appoint a Salary Review Advisory Board, Section 4.02 - Composition The Salary Review Advisory Board shall be composed of five members, one member from each of the wards and one member at large to act as chairman and who shall vote only to break a tie. Section 4.03 - Duties The Salary Review Advisory Board shall meet during the month of December of each even - numbered year and examine the then current salary of the Mayor and the compensation of the Council. Upon completing such biennial examination, the Board shall file a report with the City Council during January of each odd - numbered year, setting out their advisory recommendations for reasonable changes, if any, in the salary of the Mayor and compensation of the Council. 4 -1 City of Marion, Iowa - City Code Chapter 2 Chapter 2 Charter 2.01 Form of Government 2.04 Article III — City Manager 2.02 Article I — Powers 2.05 Article IV — Repeal of Previous Charter 2.03 Article II — City Council 2.01 FORM OF GOVERNMENT. The form of government of the City is by a Home Rule Charter which was approved at a special Home Rule Charter election held on August 26, 1975, and which Charter is as follows: 2.02 ARTICLE I — POWERS. 1. Powers of the City. The City shall have all powers possible under the Constitution and laws of the State of Iowa, including particularly the City Code of Iowa, as amended. 2. Construction. The grant of power to the City under this Charter is intended to be as broad as possible; the mention of a specific power in this Charter is not intended to be a limitation of the general powers conferred in this article. 3. Savings Clause. If any provision of this Charter is held invalid, the invalidity shall not affect other provisions of the Charter. 4. Existing Legislation. The enactment of this Charter shall not repeal existing motions, resolutions or ordinances of the City of Marion or change its City Code of Ordinances, except where the provisions of this enactment specifically change or are irreconcilable with the provisions of such motions, resolutions, ordinances or provisions of the City Code. 2.03 ARTICLE II — CITY COUNCIL. 1. Composition. The City Council shall consist of seven (7) members. Three (3) of the members, including the Mayor, shall be known as Council members at large; and are to be nominated and elected by the qualified electors of the City at large. One member shall be elected both as Mayor and Council member at large. The other four Council members shall be known as ward Council members; they are to be nominated by the qualified voters in their respective wards, but one from each ward is to be elected by the qualified voters of the City at large in the regular City election. The Mayor shall be elected to the position of Mayor by the voters of the City. Pagel of 3 http:// www. cityofinarion .org/citycode /chapter_2.litm1 7/8/2004 City of Marion, Iowa - City Code Chapter 2 2. Wards. The Council by ordinance shall divide the City into four (4) Council wards of substantially equal population. These wards are to be designated as Council wards 1, 2, 3 and 4. 3. Eligibility. To be eligible to be elected to and to retain a Council position, a person must be a voter of Marion; and if seeking or elected to represent a Council ward, then that person must be a legal resident of that ward at the time petition is filed and at the time of election. 4. Staggered Four -year Terms. At the first election under this Charter, all seven Council members, including the Mayor, are to be elected. The Council members from Ward I and Ward 3 and the two of the three Council members at large, including the Mayor, who receive the greatest number of votes cast for Council members at large and Mayor, are to serve for terms of four years, and the other Council members, and possibly Mayor if he receives fewer votes than the other two Council members at large, are to serve for terms of two years. Commencing at the next regular City election, and at all subsequent regular City elections, all Council members elected to fill the positions for those whose terms expire shall be elected for terms of four years. 5. Compensation. The Council by ordinance shall prescribe the compensation of the Mayor and the other Council members, but an increase in the compensation of the Mayor or other Council members does not become effective during the term in which the increase is adopted; and the Council may not adopt such an ordinance during the month of November or December immediately following a regular City election. The current City compensation provisions of the Code of Ordinances shall continue in full force and effect until changed by the City Council in the manner provided by law. 6. Powers — Council. The Council shall exercise all duties and responsibilities and enjoy the powers provided for in Sec. 372.13 of the Code of Iowa, as amended.. 7. Mayor. The Mayor shall be elected at large by the voters of the City as provided for herein, and is a Council member at large. The Mayor is a voting member of the Council and the official representative of the City. The Mayor shall exercise all other duties and responsibilities as provided for in Section 372.14 of the Code of Iowa. 2.04 ARTICLE III — CITY MANAGER. The Council may by ordinance provide for a City Manager, and prescribe the Manager's powers, duties and compensation. The City has such an ordinance at the present time which shall continue in full force and effect subject to repeal or amendment by the Council in the manner provided by law. 2.05 ARTICLE IV — REPEAL OF PREVIOUS CHARTER. The enactment of the Home Rule Charter set out herein shall replace the existing from of government of the City, which is Mayor - Council with appointed Manager, and Page 2 of 3 http:// www. cityofmarion .org/citycode /chapter_2.htm1 7/8/2004 City of Marton, Iowa - City Code Chapter 2 Page 3 of 3 which Charter was adopted by the Council as Ordinance No. 72 -21 on November 16, 1972, pursuant to Section 47 of the Home Rule Act, Chapter 1088 of the Acts of the 64th General Assembly (1972). EDITOR'S NOTE Ordinance No. 76 -1 adopting a charter for the City was passed and approved by the Council on January 2, 1976. http:// www. cityofinarion .org/citycode /chapter_2.1itml 7/8/2004 State oflolva Reprecincting & Redistricting Worksheet Each city with two or more precincts must file a description of the city precincts and wards or council districts, if any, even if no changes have been made. Please complete this worksheet and submit it with your plan. The worksheet explains the legal requirements for reprecincting for all cities and for redistricting in cities with wards or council election districts. [49.7] City Of Iowa City 1. Population of city according to the 2000 federal decennial census: 62,220 2. Number of precincts: 25 3. Date and time of public hearing. If you made changes in the boundaries of any precincts, when was the public hearing held to discuss these changes? 7/31/01 Please note: If no changes were made to the precinct boundaries, no hearing is necessary. Write "no change " on the line above. Notice of the hearing is required under Iowa Open Meetings Law. [49.5] Part A -- For all Cities -- Drawing Precinct Boundaries. 1. All precincts must meet the following standards: a. Maximum population = 3,500. Add together the population data for census blocks or other geographic units in each precinct. [49.3(1)] b. Within one legislative district. Each precinct must be contained in a single legislative district unless this would force creation of a precinct containing the residences of fewer than 50 registered voters. [49.3(2)] C. Contiguous territory. All precincts shall be composed of contiguous territory. (49.3(3)] d. All in one county. Precinct boundaries may not cross county lines. If your city has territory in more than one county, the precinct boundaries must follow the county boundaries. [49.3(3)] C. Use census block boundaries. All precinct boundaries shall follow census block boundaries. [49.3(3)] f Convenience of the voters. If the city council decides that establishment of more than one precinct is necessary or advisable it shall divide the city into the number of election precincts as will best serve the convenience of the voters. "The convenience of the voters" refers to, but is not necessarily limited to, precinct G,r.oAActi 2V)1 -pa Page 1 of 6 o I'M City name: Iowa city City Reprecincting & Redistricting Worksheet -- Census 2000 boundaries which can be readily described to and identified by voters and for which there is ease of access by voters to their respective precinct polling places by reasonably direct routes of travel. (49.5] 2. Review by the county commissioner of elections (county auditor). Before final adoption of any change in election precinct boundaries, the council shall permit the commissioner not less than seven and not more than ten days time to offer comments on the proposed reprecincting. [49.5] Date sent to commissioner: _a__/3 /2001 Date comments received by city: -8—/1-5—/2001 3. Joint City & County precincts. To establish a precinct composed of both incorporated and unincorporated territory, the city and the county must adopt a mutually satisfactory agreement. Copies of these agreements must be filed with this worksheet. [49.6] 4. Work with the County. Plan III supervisor district boundaries must conform to precinct boundaries in counties that elect members of the Board of Supervisors under Plan Three (single- member, equal population districts with residence requirements in which the voters in each district elect one member who must reside in the district). City Councils and the Temporary County Redistricting Commissions in Plan Three counties will need to work together in establishing both supervisor district and precinct boundaries. [49.4(2),49.6] 5. Maps. Use maps that show census block boundaries to file your plan. 6. No wards? If your city elects council members at large without residence requirements, go to Part C on page 3. Part B -- Cities With Wards or Council Districts. 1. Ideal Ward Population To find the ideal population for city wards, divide the population of the city (using the 2000 census total) by the number of wards in the city: 62,220 = _ _ 20,740 Ideal ward population population of city # wards The population of each ward shall be as nearly equal as practicable to the ideal ward population. [49.3(4) "b" & 372.13(7) "b "] 2. Draw The Boundaries Please review Iowa Code section 49.3(4) before drawing ward boundaries. The population of each ward must be as close as possible to the ideal ward population. Other 6.y wo�hctt Mi.rpd Page 2 of 6 City name: Iowa City City Reprecincting & Redistricting Worksheet -- Census 2000 standards include: a. Ward boundaries shall follow precinct boundaries, and therefore must be composed of one or more whole precincts. [49.3(4) "a" & 372.13(7) "a ") b. Wards shall be composed of contiguous territory as compact as practicable. [49.3(4) "c" & 372.13(7) "c ") C. Consideration shall not be given to: i. Addresses of incumbents. ii. Political affiliation of registered voters. iii. Previous election results. iv. Demographic information other than census head counts. [49.3(4) "d" & 372.13(7) "d ") Part C -- What to Send to the Office of the Secretary of State If the council has determined that no changes are necessary or immediately after the council has adopted an ordinance establishing new precinct (and ward, if necessary) boundaries, send the materials listed below to the Secretary of State and the County Auditor. [49.7] All Cities 1. City Reprecincting & Redistricting Worksheet — Census 2000. Send the original copy and make a copy for your files. 2. Map showing the boundaries of the precincts. [49.7] 3. Certification of the population of each precinct. Use the form on page 5. [49.7) Please Note: The total population of all the precincts of the city must equal the population of the city which is listed in the census. 4. Agreements with counties. Send copies of any agreements with counties regarding precincts composed of both incorporated and unincorporated territory. [49.6] -5. Ordinance describing the precincts. Send a copy of the ordinance describing the precinct boundaries and showing the date it was adopted., Descriptions should name specific landmarks, such as roads, and city or county boundaries. Do not use township range and section numbers or housing subdivision names in the descriptions. [49.5) Cities with Wards 6. Ward map. A map showing the boundaries of wards or council districts may be included on the precinct map mentioned in item 1. 7. Population certification. A certificate showing the populations of wards. city wr6hm XmLvpd Page 3 of 6 WMu01 City name: Iowa City City Reprecincting & Redistricting Worksheet -- Census 2000 8. Ordinance describing wards. Send a copy of the ordinance describing the ward boundaries and showing the date it was adopted. [372.13(7)] Publication Note: Iowa Code section 49.11 requires that the revised boundaries of precincts be published three times at least thirty days before the next general election (November S, 2002). We recommend that you wait until your plan is approved before making this publication. Whom should we contact if we need more information? Name: Marian K_ Karr Title: City Clark E-mail: marian -karr @iowa- cityax: (319)356 -5009 Telephone: (,119),I56-5043 .org Postmark deadline: September 1, 2001 [49.7] Compliance note: • Rejected plans. If your plan is received by August I ", and it is rejected by our office we will return it to you for modifications, if there is time to do so before September I ". If the city fails to make the required changes by the deadline, the Secretary of State shall make the necessary changes. • Late filings. Plans postmarked after September 1" may be revised or redrawn by the Secretary of State without consultation with the city. • Deadline shift. If the General Assembly adopts a legislative plat: after July 3rd. the filing deadlines change. The filing deadline becomes 60 days after enactment of the plan. Ifyour plan is submitted by one month before the adjusted deadline, and it is rejected by our office we will return it to you for modifications, if there is time to do so. • Failure to file. If no plan is filed, one will be drawn for you. • Costs assessed. The Secretary of State may assess to the city the costs of drawing or revising the city's plan. [49.7] Send to: city Precincts & Wards The Elections Division office of the Secretary of State 1305 E. Walnut Des Moines, IA 50319 Cny.o,6hna i001 _pd Page 4 of 6 08M'41 City name: Iowa City City Reprecincting & Redistricting Worksheet -- Census 2000 Precinct Population Certification (paaP of 2) Precinct Name or Number (4a.a1 Population of incorporated portion Population of Unincorporated portion, if any Total Population of precinct Precinct #1 2382 Precinct #2 2137 Precinct #3 2448 Precinct #4 2655 Precinct #5 2983 Precinct #6 2261 Precinct #7 2685 Precinct #8 2685 Precinct #9 2546 Precinct #10 2258 Precinct #11 1745 r cinct #12 2972 Precinct #13 2265 Precinct #14 3229 Precinct #15 2231 (continued Page 2) otal population -17,482 1 hereby certify that this is a complete and correct list of all precincts in the city of Iowa City and that the population data included are correct. Signed by: %j7�, , ,.z y(a , Date: X l.3D /2001 Print name: Marian K. Karr Title: City Clerk Cy.mA'ha':001..pd Page 5 of 6 OSNU, , City Reprecincting & Redistricti City name: Iowa Ci Worksheet -- Census 2000 Precinct. Population Certification (Page 2 of 2) Precinct Name or Number t49.i0 Population of incorporated portion Population of Unincorporated portion, if any Total Population of precinct (Subtotal carried over Page 11 37,482 Precinct #16 2123 .PrPdnct #17 2495 Precinct #18 Precinct #19 3284 Precinct #20 2440 Precinct #21 3477 Precinct #22 1963 Precinct #23 1685 Precinct #24 2808 Precinct #25 2351 Total population 62,220 hereby certify that this is a complete and correct list of all precincts in the city of I owa C tv and that the population data included are correct. Signed by: 2I7z ) e- —e,2A4 Date: x'13012001 Print name: Marian K Karr Title: City Clerk o" _„a Page 5 of 6 0SNI' i & Redistrictin, City name: Iowa City Worksheet -- Census 2000 Ward Population Certification Ward Number Population IDistrict A 20,377 2 District B 3 District C .212038 20,805 4 5 Total population 62,220 I hereby certify that this is a complete and correct list of the wards in the city of Iowa City and that the population data included are correct. Signed by: la ,a,,, �(J, a. ,) Date: F Ov/2001 Print name: Marian K. Karr Title: City Clerk G,Y xol,'d Page 6 of 6 OIM,oI I I E V01ING POCINCIs N CITr of ON CI ION I ' P� r �41#IowMC' —1A i {jl 1 CITY 1i` phI I }s Ulils f I , Pf9 a 4U. I 1p; f,E 1 2 1 14 l v � .. T i Iy , I r ,M1ta kk �' ^^�// I!>4Y �•..�I11� I^�,,p�f 999 �- � ' by y <1." � I��m✓u I S .S IIII I I ���� �Im��F�:.If Ip 1. � Iy y E.A Y I ���n gpd,i {IF EELISIPIIYE DISIRICIj BOUNDARY 1p �.,o `• j d {�•" PP[61M(I BODNDPRY I ; .' I 6llY UMIIS 1 b jilloolSTRICT 90UIINT i u _.� ' w�il�Mfs�tl 1tl1�M�lilritll " I � is C�6 �4 air, ��� fb N V O W O iD O' A j T 0 C ry C C F 0 o'�9 oa, DN^ 7 -99 mk O? Q 1 1 0 m n' o v ➢ m E Cl R a d� °c �iD d O O p O a P N m .t. ' 3 SW9 /dMdPRm AIUY�M N di O n e r- M . w ? 1 = M � N V1 O 9 � .= � IA -- 4�h r1 O N di O n e r- N. e . w ? � M � 9 9 � � W Marian Karr From: Regenia Bailey [rdbailey @avalon.net] Sent: Thursday, July 08, 2004 12:14 AM To: Marian Karr Subject: re: info for the charter review commission Marian, Caroline Dieterle passed this along to me to communicate to the Charter Review Commission. Thanks, Regenia - - - -- Original Message---- - From: Caroline Dieterle [ mailto :caroline- dieterle @uiowa.edu] Regenia - Page 1 of 1 CR7 my input for the Charter Review Commission is that the Chief of Police should be appointed by the City Council, NOT the City Manager. As the situation now stands, the citizenry has no way to provide input to the City government regarding policing policy, because the Council will always defer to the City Manager regarding the personnel whom he hires. To me, this change is far more important than how the mayor is to be chosen, for example. In fact I think it is the most pressing change that should be made. - Caroline Dieterle 7/8/2004 M of -ss•o CR8 Uitizen Input Requested Iowa City's Charter Review Commission is beginning its deliberations on review and possible amendment of Iowa City's charter. The charter is a document that determines how the government of Iowa City is organized. It is reviewed every ten years. At this time, the Commission would like public input that will be considered as part of the Commission's review. ntten comments can be addressed to City Clerk; Attn: Charter Review; 410 E. Washington Street; Iowa City, IA 52240. E -mail comments may also be submitted electronically to citycharter e iowa- city.org. Please include your name and address with all correspondence. For more information and a copy of the present charter, go to www.ic og v.org /ciiycharter or contact the City Clerk's office at the address above or 356 -5041. clerk\charter vAm i i CITY OF IOWA CITY LEGAL NOTICES NOTICE OF REGULAR CITY ELECTION AND SPECIAL RIVERBOAT GAMBLING REFERENDUM 0.al/E.NOrKEb MrNV YWAYMNMb M1sMNMENNMVYtFMGa+ er NltgxW Nln4E+IM RpAxtA,EXC�WyxW Em�OeNGx,piy EN,eraa„xYMYYaMxAx Xtrw�6w M111x, part .tiai�} Ylltba,iw waMM+ARM'IW Ui WA RN E�rt tY Mr,I Nxp br un wR vYM xIW,rc •• 1_ LAtXN 1 . MYWt AY[ ratrf, ilH al Ata,w. WrO L pxYXf 1. rnah Nrba FlanM.r�,t lw A,we 4 f� r . r.a. Ouwry EitY Yts rat wtx WaY a xxfxr r -ayxr tCA.Y Adw 4Y. (111 tta rt.N J 4 wtdnt • MYM CtY,atNy 4Xtr M iM Aww WM u�OYt a - MxYt ht etN NdY " Etn ENn - •; LRxW l•lNYlt C4xd NY ExrtMAtDM1iW Ape Wxd Wta,tl 1. Ma1M C%I~ C CN MMYOrK 0" tE� L wWrb 7. NiY, itta rA,F avoY aw W✓E xtY.e r • l W NYtra Carfh IY stp,t 4 �. • "itrxa L waW 1. rawN. tTEN qq�x�, Ixt M `# W WM Wx 1. Cb ttTat•Nf CXxq. pY M,eM1 E0. `• fiY WE tfAttap Yi✓� tiyNf HNCTIx "A101tr 9"A x„iMa l/.ilgf1l�1L IM OIIY'r TOEV xllb 4ECT10M 11JI 0/ t1tE KWIA CODE. CENCE111ES' xAMt{ ARE IVEt6XE0 W IRE fMIT RD1A1gN, QR At1N1t6t5[AL NOFR iXEr IMY /JIEAE H, A,aN Y� I�xrW Y Itpia N.il COet W ItlXA. b N xa,r Y b 4Y M SW W, H Mr 1An [µx, CKrt6,14+,f M EMCWnL W iP4 W x 01Mw Ylt - -_. �[XNA0. AVIXfal1 EOOl�aWppNEt Of ttttlTMli L..... OFFICIAL BALLOT SAMPLE BALLOT REGULAR BUY ELECTION r t:. RIVERBOAT GAMBLING SPECIAL ELECTION IN THE CITY OF MARION; r •sf - COUNTY OF LINN, STATE OF IOWA rrw tNarreEna. - ! NOVEMBER 4, 2003 ! rrWCaarvmwna.kNa tr nrma�vd NOTICE TO VOTERS: Blacken the oval next to the candidate of your choice, like this •. To cast a wriW!n vote, write the name of a person of yourchoice on the write -in line; then blackta in the oval next to she write- in_tinF; For an afrunative vote on any public ineasurt on this ballot, blacken the oval aoxi to the word "YES ". For a negative vote, blacken the oval text to the word "NO ". PUBLIC MEASURE A PUBLIC MEASURE C SHALL THE FOLLOWING PUBLIC SHALL THE FOLLOWINGFUBLIC MEASURE BeADOPTED? MEASURE BE ADOPTED? Shall the City of Marion in Linn County, Iowa, be authorized to impose a Gambling games on an excursion Capita Improvement Fund property tax levy, pursuant to Section 386.7 of gambling boat in Linn County are the COde OCIowa, at a rate not to exceed sixty-seven and one -half cents per ?V approved, thousand dollars of taxable value each year for the pu of paying costs PP rpasc associated with constmgiog improvements to the City $term NVA i5nitary sewer systems, streets, parks end trails, libraries and impleratnti usher ONO parts of the Ciry's capital improvement plan with said levy bcguwag 1n iht fiscal yeaz starting July I, m"r and with said levy not to be made is any MAYOR fiscal year for winch the City is eligible to receive revenues from e J Deal (Vat Porno more than one) Option Sates and Services Taxes? OGREG 0. HAPGOOD CI JOHN B.NIELAND °No SAMPLE BALLOT ., i O COUNCMMEMBER PARK COMMISSIONER r .., WARD 1 Vote for no more than one r4. WUNCILMEMBER ( ) . - ATLARGE (Vote for no more than one) (Vote for no more than one) CITE RRY L S E N OW TER CRAM ;TERRY L SPRAL CAL OTOM DICE O • a. Lean -' -t ONICK WAGNER COUNCILMEMBER -- O WARD 3 -O (Vote for no more than one) N OKAY LAMMERS . OWrite.m Cd�✓rrfAl. J�oig:_�/tj" �pvir'll