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Home My WebLink About08-26-2014 Charter Review CommissionCHARTER REVIEW COMMISSION JuIV 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 Auqust 11, 2004 PACKET CR9 Agenda CR10 Minutes of July 29 CR11 Memo from City Attorney re Absence CR12 Memo from City Attorney re Article III (Nomination, Primary & Regular Election) CR13 Memo from City Clerk re Nomination signature requirements August 26, 2004 PACKET CR14 Agenda CR15 Minutes of August 11 CHARTER REVIEW COMMISSION MEETING AGENDA Thursday, August 26, 2004 Harvat Hall, City Hall 410 East Washington Street 7:30 -9:00 AM 1. Approve Minutes 2. Public Comment 3. Review Charter Article VII Initiative and Referendum 4. Future Meeting Schedule (all meetings begin at 7:30 AM) a. Dates already set aside September 8 September 29 October 13 October 27 b. Discussion of time 5. Old Business 6. Adjournment (9:00 AM) r 08.26.04 CR14 CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -S000 (3 19) 356 -5009 FAX www.lcgov.org 0 MINUTES CHARTER RE VIEW COMMISSION WEDNESDAY, AUGUST 11, 2004 — 7:30 AM HARVAT HALL, CITY HALL DRAFT Members Present: Andy Chappell, Penny Davidsen, Karen Kubby, Vicki Lensing, Naomi Novick, Lynn Rowat, William Sueppel, Chair; and Kevin Werner Members Absent: Nate Green Staff Present: Marian Karr, Sue Dulek CALL TO ORDER Chairperson Sueppel called the meeting to order at 7:30 AM. APPROVE MINUTES OF JUNE 29, 2004 Sueppel asked if everyone had reviewed the minutes. Davidsen stated that on page 3 of the minutes, middle of the first paragraph, where it talks about the City Manager, and it states the "City Manager does a memo... ". Members stated they felt this was okay. She then mentioned that the spelling of her last name keeps changing. Novick asked that minutes reflect a change in the first paragraph, from "...so that future Councils..." to "so that future Commissions ". MOTION: Leasing moved to accept the minutes as amended correcting the spelling of "Davidsen "; changing the word "does" on page 3 to "submits "; and replacing "Commissions" for "Council" in the first paragraph; seconded by Rowat. Motion carried. PUBLIC COMMENT Sueppel noted that the Commission had received correspondence from Jim and Dianne Brenneman, regarding the City Manager position. MOTION: Novick moved to accept correspondence; Lensing seconded. Motion approved to accept correspondence from Jim and Dianne Brenneman. REVIEW CHARTER Chairperson Sueppel stated that per a recommendation from the City Attorney, she would ask that the Commission not discuss Initiatives and Referendums until such time that she is able to attend the meeting. Sueppel suggested they skip this section until the next meeting, and the Commission agreed. Section 4.04, Duties of City Manager (7) was discussed first. Sueppel asked if anyone had any concerns about this section. City contracts were discussed, and Karr explained that she attests (the Mayor's signature) and the City Council approves those contracts over a minimum amount established by State Code. Charter Review Commission August 11, 2004 Page 2 Section 4.05, Ineligibility; Prohibited Acts — Sueppel questions this Section and asked if the City Manger is the "keeper of the records ", or if the City Clerk is. Karr stated that Iowa City has not passed a resolution regarding the matter. Sueppel stated they should look at this further, and he questioned its place in the Charter. Article V, Boards, Commissions and Committees was reviewed next. Sueppel asked if the City had a set of adopted procedural riles for Commissions and Boards, and stated that the Charter Review Commission should have these adopted rules. Kan' stated that the Charter Review Commission does not have standard operating procedures to follow. She further explained that there is no "blanket rule" for all Commissions. Section 5.01, Establishment — temporarily approved section. Section 5.02, Appointment; Removal — Karr explained that many Boards and Conunissions have requirements such as attendance as part of their by -laws, and that a member of a Board must be a resident of Iowa City. Chappell stated that he would like to add the words "and applications" to the second sentence in this section, after the word "nominations ". Sueppel questioned the words "just cause ", and what do they mean in this section. Dulek stated this referred to establishing procedures for removals. Sueppel explained a case from Davenport where a member had to be removed, and how the Supreme Court ruled on it. Discussion continued by several members on removals from various boards and commissions, especially those elected to boards and commissions. The term "just cause" was ftnther discussed and Sueppel explained a recent Supreme Court case that considered "proper cause ". Sueppel requested further input from Dilkes. Kubby asked for clarification on "nominations" in this section, and suggested replacing "nominations" with "encourage applications" instead, as these are not nominated positions being discussed. The Commission agreed with this wording change. Section 5.03, Rules — Discussion started with the use of the word "by- laws" and whether "riles" is the same thing. Chappell asked if it would be beneficial to add "and open records ", after, "...and rules pertaining to open meetings ". Sueppel asked questions regarding this, and the Counnission agreed to add the wording. Subsections B and C were temporarily approved. Davidson asked for further clarification on this section. Article VI, Campaign Contributions, and Expenditures — Sueppel asked if all of this is in compliance with Chapter 56, which is the Campaign Finance and Disclosure Rules, which establishes the Iowa Ethics Board and the Campaign Disclosure Board. It was decided to hold this question for Attorney Dilkes' review. Kubby asked about disclosure, and whether candidates would have to disclose to both the state and the city. Discussion continued on the City's riles of disclosure, versus the state law, which is basically what is followed. (TAPE ENDS) Discussion turned to Section 6.03, Definition and whether services should be defined as "professional ", or "in kind ". Dulek gave further explanation regarding contributions and donations. Discussion turned to the distinction between "professional time" and Charter Review Commission August 11, 2004 Page 3 "personal time ", and how this would play into contributions. Sueppel suggested that Dilkes check into the campaign finance rules, and what is accepted as "professional time ". Various examples of wording in campaign ads was also discussed. Sueppel stated that they would hold on this matter until the City Attorney's office can review. Article VIII, Charter Amendments and Review -- Section 8.01, Charter Amendments — Sueppel noted that in (A), it states, "...and a proposed amendment becomes effective when approved by a majority of those voting." In (B) it states again that ... "the amendment does not become effective until approved by a majority of those voting'; and (C) also states the same thing. Sueppel further noted that the three subsections should be consistent. Discussion turned to when the majority vote is determined, date of the election versus date of canvas, versus date of acceptance of the abstract of election by the City Council. Kubby questioned (C), where it states "ten percent ", and notes this is less than the requirement for initiatives or referendums (ordinances). Novick asked if the goal is to have it be easier to change the Charter versus changing an ordinance. The majority of the members stated it should be harder to change the Charter. Discussion continued on the charter, how amendments take place, and how the Charter reflects State law requirements for Charter petitions. It was decided to put this section on hold until Dilkes can give the Commission further information. Chappell questioned "special" city election versus city election, and discussion turned to the state code regarding these terms. Section 8.02, Charter Review Commission - Kubby asked for clarification on this section, on whether or not the Commission's recommendations have to be put up for the voters. Discussion continued on the language in this section, with Sueppel stating it needed clarification. Kubby asked about options, and adding wording to the effect that the "Commission recommends" when it comes to approving changes to the Charter. Questions were raised about presenting changes, and how the process could be changed. Sueppel stated that now that the Commission has gone through the Charter once, he suggests they review previous amendments, and then proceed from there. He asked if the Commission members could stay for a longer time period so they could get further into discussions as they firm up their recommendations. Kubby asked for further clarification of a "run off' election, and Sueppel explained Iowa law in this area. ADJOURNMENT MOTION: Chappell moved for adjournment at 9:10 AM; seconded by Davidsen. All in favor; motion carried. S3 °' O � M M I r 0 F.c'�- 0 fn a 0 0 n GUS C� DC w M-: I g o0 CJ •� 0 b .§ 00 C�3� tI M a a 0 I'm ON 0- I All 0� y� N U� AFFIDAVIT TO COMMENCE INITIATIVE OR REFERENDUM PROCEEDINGS STATE OF IOWA COUNTY OF JOHNSON The undersigned petitioner(s) hereby proposals) to commence initiative or referendum proceedings pursuant to Article VII of the Charter of Iowa City. 1. Each of the undersigned is a voter who is registered to vote in Iowa City. 2. The undersigned will supervise the circulation of the initiative or referendum petition and will be responsible for filing it in proper form with the City Clerk of Iowa City. 3. The name(s), address(es), and phone number(s) of the petitioner(s) Is (are) as . follows (print or type): 4. All relevant notices relating to the initiative or referendum proposal shall be addressed as follows: (Name of recipient) Street Address or Post Office Box City, State, Zip Code 5. The ordinance proposed or sought to be reconsidered is attached hereto as an exhibit and by this referendum made a part hereof. Witness my (our) hand(s) this day of .20 Subscribed and sworn to before me, a Notary Public, on this day of by and , to me known to be the person(s) who executed the foregoing Affidavit, and who (or each of whom) acknowledged that he /she executed the same as his /her voluntary act and deed. Notary Public My commission expires AFFIDAVIT OF CIRCULATOR State of Iowa City of Iowa City, Johnson County I, 1 , (Name) (Address) Iowa City, Iowa, on oath depose and say that I am a qualified elector. I hereby certify that I personally circulated the petitions attached hereto. 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