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HomeMy WebLinkAbout11-08-2004 Charter Review CommissionPage 3 November 1, 2004 PACKET CR44 Agenda for 11 -1 CR45 Minutes of October 26 CR46 Minutes of October 27 CR47 Memorandum from City Attorney and City Clerk re Pending Issues CR48 Community Process Letter - DRAFT CR49 Community Process Letter - NOVICK DRAFT CR50 Memorandum from City Clerk regarding distribution of community process letter (attached list) November 8 & November 9 2004 PACKET CR51 Agenda for 11 -8 & 11 -9 CR52 Minutes of November 1 CR53 Community Process Letter— DRAFT 11 -08 -04 CR54 Memorandum from City Attorney re 11 -3 -04 Red -Lined Charter M-oa -aa C R51 CHARTER REVIEW COMMISSION MEETING AGENDA Monday, November 8, 2004 Tuesday November 9 2004 7:00 -9:30 AM 3:00 -5:30 PM Lobby Conference Room Harvat Hall, City Hall 410 East Washington Street 410 East Washington Street 1. Approve Minutes 2. Public Comment 3. December 1 Community Process Session Review letter Contact information Enclosures Direct Mail Community "invitations" Organizations Applicants to Commission Past Council Members Neighborhood Associations Publicity Posters on City buses Handouts at City Hall and Public Library Information desks Press Release Guest Editorial City Website Cable television Radio programs Handout that evening Facilitator information 4. Meeting Schedule November 16 (3:00 -5:00 PM; City Hall /City Manager's Conference Room) November 22 (7:00- 9:30AM; City Hall / Harvat Hall) December 1 (Community Discussion session; 5:30 PM; Library) December 8 (7:00 -9:00 AM; Harvat Hall) December 13 (7:00 -9:30 AM; Harvat Hall) January 20 (7:00 PM; Harvat Hall; televised) 5. Review Charter 6 Old Business 7. Adjournment (5:00 PM) MINUTES CHARTER REVIEW COMMISSION MONDAY, NOVEMBER 1, 2004 — 3:00 PM HARVAT HALL, CITY HALL -as- C R52 DRAFT Members Present: Andy Chappell, Karen Kubby, Lynn Rowat, Vicki Lensing, Nate Green, Naomi Novick, William Sueppel, Chair; and Penny Davidsen arriving at 3:08 PM Members Absent: Kevin Werner Staff Present: Marian Karr, Eleanor Dilkes CALL TO ORDER Chairperson Sueppel called the meeting to order at 3:03 PM. APPROVE MINUTES OF OCTOBER 26 and October 27 2004 Novick noted that on the October 26 minutes, page 4, under Section 4.03, there is a typo. It should read "manager," not "manger." MOTION: Lensing moved to accept the minutes of October 26, 2004, with the above correction; seconded by Novick. Motion carried 8 -0 (Werner absent). MOTION: Novick moved to accept the October 27, 2004, minutes as submitted; seconded by I{ubby. Motion carried 8 -0 (Werner absent). PUBLIC COMMENT None. MEETING SCHEDULE Sueppel asked if anyone had any conflicts with the latest schedule. Green noted that lie would have to leave early on November 9. DECEMBER 1 COMMUNITY PROCESS SESSION Sueppel started the discussion with handout CR48, which Karr drafted from Chappell's draft, and decisions made at the last meeting. Sueppel noted that they also have handout CR49, which is Novick's draft of the letter they plan to send to organizations, regarding the December 1 public session. Novick stated that after reading over her draft, she would like to add "by the Commission" to the end of paragraph 1; and on the next lines "The issues to be discussed on December I by the community include these issues." Davidsen noted that she would prefer the wording "the members of the Commission" versus saying "we" in the second to last sentence of the letter. Sueppel noted that Novick's version no longer had the P.S. on it, and Kubby noted they could still put it back in. Karr stated that her suggestion would be to come up with the bulleted issues for the letter, before they go any further, and then they can work on the layout of the letter. Rowat questioned the third paragraph, where it states, "Each group will spend twenty -five minutes..." and suggested they put "...will spend up to twenty -five minutes..." instead. The members Charter Review Commission November 1, 2004 Page 2 briefly discussed their next move, and decided they would complete the second review of the Charter, before deciding the issues for the December 1 public session. CHARTER REVIEW The review picked up at Section 7.05 Action on Petitions A. Action by council. Chappell asked for a reminder on why the sentence "The Council shall submit to the voters..." is being removed. Dilkes stated that this was done by a motion early on in the review process. It was felt to be a misplaced sentence since 7.04 addresses this issue. MOTION: Davidsen moved to TA Section 7.05 A as redlined; seconded by Novick. Motion carried 8 -0 (Werner absent). Section 7.05 B. Submission to voters, (1) Initiative — Dilkes explained the changes to this section, and referred to the timeline that members had received earlier. MOTION: I {ubby moved to TA Section 7.05 B (1) as redlined; seconded by Novick. Motion carried 8 -0 (Werner absent). Dilkes next explained the changes made to Section 7.05 B (2) Referendum. Novick asked for clarification of the 120 -day period. Kubby then asked for more clarification on the period, as well. MOTION: Chappell moved to TA Section 7.05 B (2) as redlined; seconded by Rowat. Motion carried 8 -0 (Werner absent). Section 7.05 C Ballot— there was no further discussion on this section, as the only changes were "ordinance" to "measure." MOTION: Novick moved to TA Section 7.05 C as redlined; seconded by Davidsen. Motion carried 8 -0 (Werner absent). Section 7.06 Results of Election, A. Initiative and B. Referendum — There was no further discussion on this Section. MOTION: Novick moved to TA Section 7.06, both A and B, as redlined; seconded by Chappell. Motion carried 8 -0 (Werner absent). Section 7.07 Prohibition on Establishment of Stricter Conditions or Requirements — There was no further discussion. MOTION: Davidsen moved to TA Section 7.07 as redlined; seconded by Chappell. Motion carried 8 -0 (Werner absent) Sueppel noted that this concluded the second review of the City Charter. Davidsen asked for a clarification on 7.01, under B. Limitations, (k) — Public improvements subsequent Charter Review Commission November 1, 2004 Page 3 to City Council action to authorize acquisition of property, the acquisition of property or notice to bidders, whichever..." Davidsen stated that this does not make sense to her, and that perhaps a comma after "...property, the acquisition of property..." would make the three items stand out. Discussion ensued regarding acquisition of property by the City, and Dilkes explained the City process. Dilkes suggested: "...City Council action to authorize acquisition of property FOR such public improvement." Sueppel gave the following suggestion: "Public improvements, subsequent to City Council action to authorize acquisition of property for that public improvement, or notice to bidders for that public improvement." Dilkes will finalize this wording. MOTION: Kubby moved to TA 7.01 as amended; seconded by Davidsen. Motion carried 8 -0 (Werner absent). ISSUES FOR DECEMBER 1 COMMUNITY PROCESS Sueppel reviewed the "Pending Charter Review Issues" memo from Dilkes and Karr, and asked members to bring up any other issues they may have. Under Section 2.02 Division into Council Districts, the members had questioned the number of council districts. Also questioned was the issue of the mayor being elected, under Section 2.06 Mayor. Karr noted that this list is from the Commission's minutes, and is made up of items the members had red flagged during their review process. The next issue listed was primary elections, from Section 3.02 Primary Election. It was noted that the members had not TA'd 3.02 yet as they were to review Kubby's handout on elections. Sueppel asked the members if they were interested in pursuing a change to the election process. Kubby gave a quick overview of her election research, and answered members' questions. (TAPE ENDS) Dilkes noted her concerns about these other systems, and stated that the State code is very specific about city elections. Kubby stated that for the public record, she would like to note that these issues (a change in the election process) are here, and that as communities change, people have different needs in how democracy works. She stated that there are always improvements to how things are done, in order to garner greater public participation. Sueppel asked if anyone was interested in working with Kubby on this issue, and Kubby stated that if State law precludes a change in the election process, then the changes need to be made at the State level first. MOTION: Lensing moved to TA Section 2.02 and Section 2.06 for the December 1 public session; seconded by Davidsen. Motion carried 8 -0 (Wenner absent). The discussion turned to Section 3.03 Regular City Election next. Green suggested they combine the two issues of number of districts and how Council members are elected. Members discussed this further, with the majority agreeing that these two issues should be discussed together. Members continued to give their opinions on what should be discussed. Kubby moved that the following be on the letter for the December 1 public session: number of districts and election of council members; election of mayor; appointment of police chief by council; and a `catch all' group. Discussion continued, with the members trying to decide the major issues they want for public discussion. Charter Review Commission November 1, 2004 Page 4 Dilkes noted that she will have a new redlined version to the members, and that this version will be available at the public session as well. Kubby withdrew her original motion and moved to make the following the December 1 public session issues: election of mayor and district seats to be discussed in small groups; and a large group for the catch all issues. Karr noted that members need to think about finalizing their letter, and that giving people a target to respond to has been an issue with the members since the first public hearing. She also suggested they put some type of contact information. (TAPE ENDS) MOTION: Kubby moved to accept the above issues; seconded by Chappell. Motion carried 8 -0 (Werner absent). Discussion continued on the December 1 public process, and the letter that the Commission is planning to mail out to organizations in the community. Several members want to make sure that some type of explanatory sentences are included with the above - named issues, so the people receiving the letter have a better understanding of just what will be discussed. Karr will have a new draft of the letter ready for the November 8 meeting, with input from Chappell on the explanation for election of Mayor, and Dilkes will have a new redlined version of the Charter for members. CHARTER REVIEW The members decided to go back to TA the remaining sections that they had previously put on hold. MOTION Chappell moved to TA Section 3.02 Primary Election as written; seconded by Rowat. Motion carried 8 -0 (Werner absent). MOTION: Kubby moved to TA Section 2.01 Composition and Section 2.02 Division into Council Districts as written; seconded by Rowat. Motion carried 8 -0 (Werner absent). MOTION: Kubby moved to TA Section 2.06 Mayor as written; seconded by Davidsen. Motion carried 7 -1; Chappell voting the negative (Werner absent). ADJOURNMENT Sueppel asked the members to read over the Charter now that they have reviewed it twice, and to bring up any issues they wish to discuss, at the next meeting. MOTION: Kubby moved to adjourn the meeting; seconded by Green. Meeting adjourned at 5:10 PM. DRAFT 1108 November , 2004 Re: Iowa City Charter Review Commission Invitation to Community Discussion on Potential Charter Amendments December 1, 2004 — 5:30 p.m. Dear Community Organization: 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX www.icgov.org The Iowa City Charter Review Commission has been appointed by the City Council to review the Iowa City Charter. Pursuant to the existing Charter, any amendments recommended by the Commission must either be adopted by the City Council or placed on a ballot for consideration by Iowa City voters. The Commission has been meeting regularly since May and has received public input through letters, e- mails, telephone calls, visitors to meetings, and an October 12th public hearing. As a result of these meetings and public input, several potential changes have been discussed by the Commission. The issues to be discussed by the community on December 1 include: (1) Election of Mayor - The Mayor is currently selected for a two -year term by a majority vote of the City Council members. The Mayor is the figurative head and a voting member of the City Council and has the responsibility to lead Council meetings and other powers as set out in the State Code and City Charter. Assuming the Mayors powers and responsibilities remain the same, should the Mayor instead be selected for a four -year term by a majority vote of the citizens? This would require one of the at -large council positions to be designated as the Mayor's slot and other possible administrative changes to the Charter. (2) District Representation - Currently 3 of 7 Council Members are nominated within their district and a primary held in the district if needed. The November general election is at large. Should the number of districts be increased? Should the district Council Members be "pure" i.e. general election held in the districts only? The Charter Review Commission invites and encourages members of your organization to be a part of this public discussion. Please give them this information. The format of this Community Discussion will be informal and interactive. Depending on the number of participants, those attending will be divided into groups. Each group will spend up to twenty -five minutes discussing both issues. At the conclusion of the group discussions, all participants will gather and the Commission members will briefly summarize the group discussions, and allow time for a general discussion of any additional Charter issued raised by the citizens participating. The Commission's hope is that smaller groups and less formality will engender meaningful discussion in a way that will benefit the Commission's review of the Charter. The members of the Commission hope you will find a way to attend and participate in this timely and important discussion. Very truly yours, William F. Sueppel Chairperson P.S. This meeting is open to the public, and anyone may attend. I r 1 %M CITY OF IOWA CIT R j� j DATE: November 3, 2004 TO: Charter Review Commission FROM: Eleanor M. Dilkes, City Attorney RE: 11 -3 -04 Red -Lined Charter Attached is a red -lined version of the Charter showing the Commission's tentative amendments and those changes I was asked to draft. As we have discussed at your meetings, the Charter could provide for the appointment of the Police Chief by the City Council or the City Manager, with or without approval of the Council. Due to the ambiguity created by Section 400.13 of the Iowa Code and Iowa City's past practice of approval by the City Council of the City Manager's appointment of the Police Chief, the Commission decided to expressly state in the Charter that appointment of the Police Chief must be with the approval of the Council. I have amended Sections 4.04 and 2.12 to reflect this change. You will note that I have also included the Fire Chief. Section 400.13 of the Iowa Code addresses the Fire Chief in the same manner as the Police Chief so the same clarification is necessary. Finally, I have added a provision to 4.04 to make it clear that supervision, including termination, is not subject to approval of the City Council. Cc: Marian Karr, City Clerk Ordinance No. 02 -4019 Page 4 RED -LINED 11/3/04 The Citizens of Iowa City, Iowa, by virtue of the enactment of this Charter, adopt the following principles: 1. That the government of Iowa City belongs to all its citizens and all share the responsibility for it. 2. That the government of Iowa City is a service institution, responsive and accountable to its citizens. 3. That City officials should be accessible to the people and have an affirmative obligation to secure for each person equality of opportunity as well as due process and equal protection of law. 4. That each citizen has a right to obtain fair, equal, and courteous treatment from each City official and employee. 5. That the City should perform all acts and take all measures necessary and desirable to promote the general health, safety and welfare of its residents, to encourage the participation of its citizens in policy formation and to secure the full benefits of "Home Rule." As used in this Charter: 1. "City" means the City of Iowa City, Iowa. 2. "City Council" or "Council" means the governing body of the City. 3. "Councilmember" means a member of the Council, including the Mayor. 4. "Shall" imposes a duty. 5. "Must" states a requirement. 6. "May" confers a power. 7. 'Eligible elector" means a person eligible to register to vote in Iowa City. 8. "Qualified elector" means a resident of Iowa City who is registered to vote in Iowa City. 9. 'Board" includes a Board, Commission, Committee or other similar entity however designated. 10. 'Person" means an individual, firm, partnership, corporation, company, association, political party, committee or any other legal entity. 11. "Ordinance," except as provided - iii - iv4eA II, means a City law of a general and permanent nature. 12. "Measure" , except as provided in Article VII, means an ordinance, amendment, resolution or motion. (Ord. No. 85 -3227, § 2(1), 3- 12 -85) Ordinance No. 02 -4019 Page 4 Section 1.01. Powers of the city. The City has all powers possible under the Constitution and laws of this State. Section 1.02. Construction. The grant of power to the City under this Charter is intended to be broad; the mention of a specific power in this Charter is not intended to be a limitation on the general powers conferred in this article. Section 1.03. 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. Section 2.01. Composition. The City Council consists of seven members. As provided in Article III, four, to be known as Councilmembers at large, are to be nominated by eligible electors of the City at large, and three, to be known as district Councilmembers, are to be nominated by eligible electors of their respective districts. All Councilmembers shall be elected by the qualified electors of the City at large. (Ord. No. 85 -3227, § 2(2), 3- 12 -85; Ord. No. 85 -3273, § 2, 12- 17 -85) Section 2.02. Division into council districts. The Council, by ordinance, shall divide the City into three Council Districts of substantially equal population. These Districts are to be designated as Council District A, Council District B, and Council District C. Section 2.03. Eligibility. To be eligible to be elected to and to retain a Council position, a person must be an eligible elector of Iowa City, and if seeking or elected to represent a Council District, must be a- domiciliary= an eligible elector of that Council District. (Ord. No. 85 -3227, § 2(2),3-12-85) Section 2.04. Terms. Ordinance No. 02 -4019 Page 4 At the first election under this Charter, all seven Councilmembers are to be elected; the Councilmember from Council District A, Council District C, and the two Councilmembers at large who receive the greatest number of votes cast for Councilmember at large are to serve for terms of four years, and other Councilmembers are to serve for terms of two years. Commencing at the next regular City election, and at all subsequent regular City elections, all Councilmembers elected to fill the positions of those whose terms expire shall be elected for terms of four years. Section 2.05. Compensation. The Council, by ordinance, shall prescribe the compensation of the Mayor and the other Council members, and the Council shall not adopt such an ordinance during the months of November and December immediately following a regular City election. (Ord. No. 85- 3227, § 2(2),3-12-85) Section 2.06. Mayor. A. Immediately following the beginning of the terms of Councilmembers elected at the regular City election, the Council shall meet and elect from among its members the Mayor and Mayor pro tem for a term of two years. B. The Mayor is a voting member of the Council, the official representative of the City, presiding officer of the Council and its policy spokesperson. The Mayor shall present to the City no later than February 28 an annual State of the City message. C. The Mayor pro tem shall act as Mayor during the absence of the Mayor. (Ord. No. 85 -3227, § 2(2),3-12-85; Ord. No. 95 -3671, § 1, 3- 28 -95) Section 2.07. General powers and duties. All powers of the City are vested in the Council, except as otherwise provided by State law or this Charter. (Ord. No. 85 -3227, § 2(2), 3- 12 -85) Section 2.08. Appointments. A. The Council shall appoint the City Manager. B. The Council shall appoint the City Clerk. C. The Council shall appoint the City Attorney. D. The Council shall appoint all members of the City's Boards, except as otherwise provided by State law. E. The Council shall fix the amount of compensation, if any, of persons it appoints and shall provide for the method of compensation of other City employees. All appointments and promotions of City employees by City Council and City Manager must be made according to job - related criteria and be consistent with nondiscriminatory and equal employment opportunity standards established pursuant to law. (Ord. No. 85 -3227, § 2(2), 3- 12 -85; Ord. No. 95 -3671, § 1, 3- 28 -95) Section 2.09. Rules; records. Ordinance No. 02 -4019 Page 4 The Council may determine its own rules and shall maintain records of its proceedings consistent with State law. Section 2.10. Vacancies. The Council shall fill a vacancy occurring in an elective City office as provided by State law. Section 2.11. Council action. A. Passage of an ordinance, amendment or resolution requires an affirn•at ive vot° °f a majority vote of all the members of the Council the Gott nef except as otherwise provided by State law. B. T! uti6 my- sub„':' to the voters, without a petition, a proposition-i@r -the repeal�amendment enaeunent ..0 ° to be-voted-"on at an), sueceedinS measure, general, regular or special City °leett @n, wal4f- the- pr@position submitted , a irajority .,f'the votes e ..r on :...r r1,eSt1 on, - -tii t 11 1 _ a.— mcn�iirv�inII I, e�? amended or acted according!),. Section 2.12. Prohibitions. A. A Councilmember may not hold any other City office or be a City employee or elected County official while serving on the Council nor hold any remunerated City office or employment for at least one year after leaving the Council. B. With the exception of the annointnrent of the chief of the nolice department and chief of the fire department, which are subiect to approval of the City Council, Nneither the Council nor its members may dictate, in any manner, the appointment or removal of any person appointed by the City Manager. However, the.Council may express its views to the City Manager pertaining to the appointment or removal of such employee. C. A Councilmember may not interfere with the supervision or direction of any person appointed by or under the control of the City Manager. Section 3.01. Nomination. A. An eligible elector of a council district may become a candidate for a council district seat by filing with the City Clerk a valid petition requesting that his or her name be placed on the ballot for that office. The petition must be filed not more than sixty - five (65) days nor less than forty (40) days before the date of the election and must be signed by eligible electors from the candidate's district equal in number to at least two (2) percent of those who voted to fill the same office at the last regular city election, but not less than the ten (10) persons. Ordinance No. 02 -4019 Page 4 B. An eligible elector of the City may become a candidate for an at -large council seat by filing with the City Clerk a petition requesting that the candidate's name be placed on the ballot for that office. The petition must be filed not more than sixty -five (65) days nor less than forty (40) days before the date of the election and must be signed by eligible electors equal in number to at least two (2) percent of those who voted to fill the same office at the last regular city election, but not less than ten (10) persons. (Ord. No. 77 -2864, § 2, 9 -6 -77; Ord. No. 85 -3227, § 2(2), 3- 12 -85; Ord. No. 95- 3671, § 1, 3- 28 -95) Section 3.02. Primary election. A. If there are more than two candidates for a Council District seat, a primary election must be held for that seat with only the qualified electors of that Council District eligible to vote. The names of the two candidates who receive the highest number of votes in the primary election are to be placed on the ballot for the regular City election as candidate for that Council seat. B. If there are more than twice as many candidates as there are at large positions to be filled, there shall be a primary election held unless the Council, by ordinance, chooses to have a run - off - election. (Ord. No. 85 -3227, § 2(2), 3- 12 -85) Section 3.03. Regular city election. A. In the regular City election, each Council District seat up for election shall be listed separately on the ballot and only the names of candidates nominated from that Council District shall be listed on the ballot as candidates for that seat. However, all qualified electors of the City shall be entitled to vote for each candidate. The three Council District seats shall be designated on the ballot as Council District A, Council District B and Council District C and each shall be elected at large. B. The at large Council seats shall be designated on the ballot as such. (Ord. No. 85- 3227, § 2(2), 3- 12 -85) Section 4.01. Appointment; qualifications. In appointing a City Manager, the Council shall consider only the qualifications and fitness of the person without regard to political or other affiliation. During his or her tenure the City Manager shall reside within the City. Section 4.02. Accountability; removal. A. The City Manager is under the direction and supervision of the Council and holds office at its pleasure. Unless otherwise provided by contract, a City Manager removed by the Council is entitled to receive termination pay of not less than two months' salary, computed from the date of the resolution of removal. Ordinance No. 02 -4019 Page 4 B. Upon the resignation or removal of the City Manager, the Council shall appoint an individual qualified to perform the duties of City Manager to serve at the pleasure of Council or until a City Manager is appointed. Section 4.03. Absence; disability of eCity tnManager. The City Manager may designate a qualified City employee as Acting City Manager to perform his or her duties during a temporary absence or disability. If the City Manager does not make such a designation, the Council shall appoint a qualified City employee to perform the duties of the City Manager until he or she returns. Section 4.04. Duties of eCity ntManager. A. The City Manager shall be chief administrative officer of the City and shall: (1)Insure that the laws of the City are executed and enforced. (2)Supervise and direct the administration of City government and the official conduct of employees of the City appointed by the City Manager including their employment, training, reclassification, suspension or discharge as the occasion requires, subject to State law. (3)Appoint the chief of the police department and the chief of the fire department with the approval of the City Council. (4) Supervise the chief of the police department and chief of the fire department, including their suspension or discharge as the occasion requires. Such supervision shall not be subject to approval of the City Council. (5)Appoint or employ persons to occupy positions for which no other method of appointment is provided by State law or this Charter. (46) Supervise the administration of the City personnel system, including the determination of the compensation of all City employees appointed by the City Manager subject to State law or this Charter. (37) Supervise the performance of all contracts for work to be done for the City, make supervise all purchases of materials and supplies, and assure that such materials and supplies are received and are of specified quality and character. (68) Supervise and manage all public improvements, works and undertakings of the City, and all City -owned property including buildings, plants, systems, and enterprises, and to have charge of their construction, improvement, repair and maintenance except where otherwise provided by State law. (79) Supervise the making and preservation of all surveys, maps, plans, drawings, specifications and estimates for the City. ( 810) Provide for the issuance and revocation of licenses and permits authorized by State law or City ordinance and cause a record thereof to be maintained. (911) Prepare and submit to the Council the annual budgets in the form prescribed by State law. (I -012) Provide the Council monthly an itemized written monthly financial report. (4413) Attend Council meetings and keep the Council fully advised of the financial and other conditions of the City and its needs. (T214) See that the business affairs of the City are transacted in an efficient Ordinance No. 02 -4019 Page 4 manner and that accurate records of all City business are maintained and made available to the public, except as otherwise provided by State law. (44 3l5) Provide necessary and reasonable clerical, research and professional assistance to Boards within limitations of the budget. (4416) Perform such other and further duties as the Council may direct. B. The City Manager, in performing the foregoing duties, may: (1)Present recommendations and programs to the Council and participate in any discussion by the Council of any matters pertaining to the duties of the City Manager. (2)Cause the examination and investigation of the affairs of any department or the conduct of any employee under supervision of the City Manager. (3)Execute contracts on behalf of the City when authorized by the Council. (Ord. No. 85 -3227, § 2(2), 3- 12 -85) Section 4.05. Ineligibility; prohibited acts. Except for the exercise of the right to vote, the City Manager shall not take part in any election of Councihnembers. This prohibition shall in no way limit the City Manager's duty to make available public records as provided by State law or this Charter. Section 5.01. Establishment. The Council may establish Boards in addition to those required by State law and shall specify the title, duties, length of term, qualifications of members and other appropriate matters. The Council may reduce or increase a Board's duties, transfer duties from one Board to another or dissolve any Board, except as otherwise provided by State law or this Charter. Section 5.02. Appointment; removal. The Council shall, subject to the requirements of State law, seek to provide broad representation on all Boards. The Council shall establish procedures to give at least thirty days' notice of vacancies before they are filled and shall encourage nominations applications by citizens. The Council shall establish procedures for the removal of members `me, shall be consistent with State law. (Ord No. 85 -3227, § 2(2), 3- 12 -85) Section 5.03. Rules. A. The Council shall establish rules and procedures for the operation of all Boards, which must include but are not limited to, the adoption of by -laws and rules pertaining to open meetings and open records. Ordinance No. 02 -4019 Page 4 B. The Council shall specify, for each Board, methods for informal and formal communication with Council, time schedules for the completion of reports requested by Council and such rules as it deems appropriate. C. A Board may establish additional rules and procedures that are consistent with State law, Council rules, and this Charter. Section 6.01. Limitations on the amount of campaign contributions. The Council, by ordinance, shall prescribe limitations on the amount of campaign contributions made to a candidate for election to Council by a person as defined in this Charter. (Ord. No. 95 -3671, § 1, 3- 28 -95) Section 6.02. Disclosure of contributions and expenditures. The Council, by ordinance, may prescribe procedures requiring; immediate and °ft° • ea . regular, ial, primary, or run off eleeties, the disclosure of the amount, source and kind of contributions received and expenditures made by (1) each candidate for election to Council and (2) any and all other persons, for the purpose of aiding or securing the candidate's nomination or election. (Ord. No. 85 -3228, § 1, 3- 12 -85) Section 6.03. Definition. Within this article an expexditme -or "contribution" does not mean a perseft's time do ate- aid-e",�A:A nominationnomination or eleetion shall be defined as that term is defined in Chanter 56 ( "Caravaien Finance ") of the Code of Iowa. Section 6.04. Violations. The Council, by ordinance, shall prescribe (1) penalties for the violation of the contribution limitations and disclosure requirements it establishes pursuant to this section and (2) when appropriate, conditions for the revocation of a candidate's right to serve on Council if elected, consistent with State law. (Ord. No. 85 -3227, § 2(2), 3- 12 -85) Section 7.01. General provisions. A. Authority. (I)Initiative. The qualified electors have the right to propose ordinances measuresto the Council and, if the Council fails to adopt an ordinance a measure so proposed Ordinance No. 02 -4019 Page 4 without any change in substance, to have the ordinance measure submitted to the voters at an election. (2)Referendum. The qualified electors have the right to require reconsideration by the Council of an existing erdinnn ee measure and, if the Council fails to repeal such ordinance measure, to have it submitted to the voters at an election. (3)Definition. Within this article, "ordinance measure" means all n}easures ordinances, amendments, resolutions or motions of a legislative nature, however designated, which (a) are of a permanent rather than temporary character and (b) include a proposition enacting, amending or repealing a new or existing law, policy or plan, as opposed to one providing for the execution or administration of a law, policy or plan already enacted by Council. B. Limitations. (I)Subject matter. The right of initiative and referendum shall not extend to any of the following: (Any measure of an executive or administrative nature. LbJ-The City budget. (c)_The appropriation of money. (LThe levy of taxes or special assessments. (e1The issuance of General Obligation and Revenue Bonds. f(D_The letting of contracts. (g) Salaries of City employees. (h)_Any measure required to be enacted by State or federal law. (i)_Amendments to this Charter. (jj_Amendments affecting the City Zoning Ordinance or the land use maps of the Comprehensive Plan including the district plan maps pt these a tfact ,. , Ores or more in size (k) Public improvements subsequent to City Council action to authorize acquisition of property for that public improvement or notice to bidders for that public improvement whichever occur earlier. "Public improvement' shall mean any building or construction work. (2)Resubmission. No initiative or referendum petition shall be filed within two years after the same measure or a measure substantially the same has been submitted to the voters at an election. (3)Council repeal, amendment and reenactment. No ordinance measure proposed by initiative petition and adopted by the vote of the 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 measure. No ordinance measure referred by referendum petition and repealed by the vote of the 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. C. Construction. (I) Scope of power. It is intended that this article confer broad initiative and referendum powers upon the qualified voters electors of the City. Ordinance No. 02 -4019 Page 4 (2)Initiative. It is intended that (a) no initiative petition will be invalid because it repeals an existing ordinance measure in whole or in part by virtue of proposing a new oxiin"ce measure and (b) an initiative petition may amend an existing ordinance measure. (3)Referendum. It is intended that a referendum petition may repeal an ordinance a measure in whole or in part. D. Effect of filing petition. The filing of an initiative or referendum petition does not suspend or invalidate any ordinance measure under consideration and such Ordinance measure shall remain in fall force and effect until its amendment or repeal by Council pursuant to Section 7.05A or until a majority of the qualified electors voting on an ordmin ee a measure vote to repeal or amend the ordinance measure and the vote is certified. E. City obligations. An initiative or referendum vote which repeals an existing ordinance measure in whole or in part does not affect any obligations entered into by the City, its agencies or any person in reliance on the ordinance measure during the time it was in effect. (Ord. No. 85 -3227, § 2(2), 3- 12 -85) Section 7.02. Commencement of proceedings; affidavit. A. Commencement. One or more qualified electors, hereinafter referred to as the "petitioners," may commence initiative or referendum proceedings by filing with the City Clerk 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 ^fdinanee measure or citing the ordinance measure sought to be reconsidered. B. Affidavit. The City Clerk shall accept the affidavit for filing if on its face it appears to have signatures of one or more qualified electors. The City Clerk shall issue the appropriate petition forms to the petitioners the same day the affidavit is accepted for filing. The City eClerk shall cause to be prepared and have available to the public, forms and affidavits suitable for the commencement of proceedings and the preparation of initiative and referendum petitions. (Ord. No. 85 -3227, § 2(2), 3 -12- 85) Section 7.03. 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 of the number of persons who voted in the last regular City election, but such signatures shall be no fewer than two thousand five hundred qualified electors. Any petition that does not, on its face, contain the minimum required signatures defined herein shall be deemed insufficient for filing under this article, and no supplementary petition shall be permitted. 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 person signing shall provide, and the petition form shall provide space for, the signature, Ordinance No. 02 -4019 Page 4 printed name, and address of the person signing; and the date the signature is executed;, and any at! or infor uation required by City Council. The form shall also provide space for the signer's birthdate, but a failure to enter a birthdate shall not invalidate a signer's signature. Petitions prepared for circulation must contain or have attached thereto throughout their circulation the full text of the erdinauiee measure proposed or sought to be reconsidered. The petition filed with the City Clerk need have attached to it only one copy of the erdinanee measure 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 or she personally circulated it, that all signatures were affixed in his or her presence, that he or 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 measure proposed or sought to be reconsidered. Any person filing a false affidavit will be liable to criminal penalties as provided by State 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 7.02A was filed. E. Time for filing referendum petitions. Referendum petitions may be filed within sixty days after final adoption by the Council of the ordinance measure sought to be reconsidered, or subsequently at any time more than two years after such final adoption. The signatures on a referendum petition must be secured during the sixty days after such final adoption; however, if the petition is filed more than two years after final adoption, the signatures must be secured within six months after the date the affidavit required under Section 7.02A was filed. F. Revocation of signature. Prior to the time a petition is filed with the City Clerk, a signatory may revoke his or her signature for any reason by filing with the City Clerk a statement of his or her intent to revoke his or her signature. After a petition is filed a signatory may not revoke his or her signature. The City Clerk shall cause to be prepared and have available to the public, forms suitable for the revocation of petition signatures. (Ord. No. 85 -3227, § 2(2), 3- 12 -85; Ord. No. 90 -3462, § 1, 6 -26- 90) Section 7.04. Procedure after filing. A. Certificate of eCity eClerk; amendment. Within twenty days after a petition is filed which contains the minimum required signatures, as set forth in Section 7.03.A above, the City Clerk shall complete a certificate as to the petition's sufficiency. If the petition is insufficient, the Clerk's certificate shall specify the particulars wherein the petition is defective. The Clerk shall also promptly send a copy of the certificate to the petitioners by registered mail. A petition certified insufficient may be amended once, provided, however, that one or more of the original petitioners files a notice of intention to amend the original petition, such notice to be filed with the City Clerk within two days after receiving a copy of the certificate, and the petitioner also files a Ordinance No. 02 -4019 Page 4 supplementary petition upon additional papers within fifteen days after receiving a copy of such certificate. Such supplementary petition shall comply with the requirements of subsections B and C of Section 7.03. Within fifteen days after a supplementary petition is filed, the City Clerk shall complete a certificate as to the sufficiency of the petition, as amended and supplemented, and shall promptly send a copy of such certificate to the petitioners by registered mail, as in the case of an original petition. If a petition or amended petition is certified sufficient, or if the petition or amended petition is certified insufficient and one or more of the petitioners do not request Council review under subsection B of this Section within the time prescribed, the City Clerk shall promptly present the certificate to the Council. B. Council review. If a petition has been certified insufficient by the City Clerk and one or more of the petitioners do not file notice of intention to amend it or if an amended petition has been certified insufficient by the City Clerk, one or more of the petitioners may, within two days after receiving a copy of such certificate, file with the City Clerk a request that it be reviewed by the Council. The Council shall review the certificate at its next meeting following the filing of such a request, but not later than thirty days after the filing of the request for review, and shall rule upon the sufficiency of the petition. C. Court review,;— new - petition -Baek qu liked eleeto- has , right to judicial review o Council's ,l e, e,. ,:,, t:,. o the sufficiency o €a petitiex Proeeedings forj dieial review will equitable in nature ...,d- must -he filznccdr in t e t S-oaase Distf et= cYeerc e Johnson county. The Fight to the tijuel . filin...,F a request for -Cot. ;nder�eetten 7848 and the filing f the e_ itia.,,_to •-mxr a vrmcp'.. eailrt ...,.,: w 1 •a,:,, thirty days after determination by Gott ,e:l as to the sti ffi,.:.,.,e y e#.lie p on Tdete ofinsufficiency, e e if sustained upon court review; shall- not- pre.judiee the filing of n petition for the same pifpose. To the extent allowed by law, Court review of the Council's actions shall be by writ of certiorari. D. Validity of signatures. A petition shall be deemed sufficient for the purposes of this article if it contains valid signatures in the number prescribed by Section 7.03 and is timely filed, even though the petition may contain one or more invalid signatures. A signature shall be deemed valid unless it is not the genuine signature of the qualified elector whose name it purports to be, or it was not voluntarily and knowingly executed. A valid signature need not be in the identical form in which the qualified elector's 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 if the qualified elector's birth date is provided and is shown on the voting rolls. (Ord. No. 85.3227, § 2(2), 3- 12 -85; Ord. No. 90 -3462, § 2, 6- 26 -90; Ord. No. 95 -3671, § 1, 3- 28 -95) Section 7.05. Action on petitions. A. Action by council. When an initiative or referendum petition has been determined sufficient, the Council shall promptly consider the proposed initiative Ordinal ee measure or reconsider the referred erdinauee measure. If the Council fails to adopt a Ordinance No. 02 -4019 Page 4 proposed initiative erdinane-e measure and fails to adopt an ogee a measure which is similar in substance within sixty days, or if the Council fails to repeal the referred ordinanee measure within thirty days after the date the petition was finally determined sufficient, it shall submit the proposed or referred ordinance measure to the qualified electors of the city as hereinafter prescribed. The Council shall submit to the voters any ordinance -Miia- has- bee"repes d or eferred in rdance with the -p,• of this At-tide less it "etitioi?- is deenied insuffieie 4 pnfstiant -te Section 7. 4-_If at any time more than thirty days before a scheduled initiative or referendum election the Council adopts the proposed initiative Ordinance measure or adopts anR ordinance a measure which is similar in substance or if the Council repeals a referred ordinanee measure, the initiative or referendum proceedings shall terminate and the proposed or referred ordinance measure shall not be submitted to the voters. B. B- Submission to voters. (1)Initiative. The vote of the City on a proposed or e&4 —fe4 Ordinance measure shall be held at the regular city election or at the general election which next occurs more than forty days after the expiration of the appropriate sixty or thirty day period provided for consideration or reesnsideratien in Section 7.05A, provided that the initiative petition was filed no less than 110 days prior to the deadline imposed by state law for the submission of ballot questions to the Commissioner of Elections. (2) Referendum. The vote of the City on a referred measure shall be held at the regular city election or at the general election which next occurs more than forty days after the expiration of the thirty-day period provided for reconsideration in Section 7.05A, provided that the referendum petition was filed no less than 80 des prior to the deadline imposed by state law for the submission of ballot questions to the Commissioner of Elections. The Council may provide for a special referendum election on a referred measure any time more than 120 days after the filing of the referendum petition with the City am, lire Council may- provide fOV a special referenda 'eetien -en a referred ordinance any time after the e ..•,t;en of the thirty p „ded f y r ;Aeration i"eetion 7.054. C. Ballot. Copies of the proposed or referred ordinance measure shall be made available to the qualified electors at the polls and shall be advertised at the city's expense in the manner required for "questions" in Section 376.5 of the Iowa Code. The subject matter and purpose of the referred or proposed o dinanee measure shall be indicated on the ballot. (Ord. No. 77 -2858, § 2, 9- 16 -77; Ord. No. 85 -3227, § 2(2),3-12-85) Section 7.06. Results of election. A. Initiative. If a majority of the qualified electors voting on a proposed initiative ordinance measure vote in its favor, it shall be considered adopted upon certification of the election results. And The adopted measure shall be treated in all respects in the same manner as ord names measures of the same kind adopted by the Council, Ordinance No. 02 -4019 Page 4 except as provided in Section 7.OI13(3). If conflicting o f inanees measures 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. B. Referendum. If a majority of the qualified electors voting on a referred ordinance measure vote against -it in favor of repealing the measure, it shall be considered repealed upon certification of the election results. Section 7.07. Prohibition on establishment of stricter conditions or requirements. The 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. Section 8.01. Charter amendments. This Charter may be amended only by one of the following methods: A. The Council, by resolution, may submit a proposed amendment to the voters at a special Ccity election, and a the proposed amendment becomes effective when approved by a majority of those voting. B. The Council, by ordinance, may amend the Charter. However, within thirty (30) days of publication of the ordinance, if a petition signed 1-.; e,,g..e electors of the City equal - icy -numbe peree-n• oI��'° —"°" ^"" .vl;s- vH'•,� �, «��'° �^"�pr'Cc- ci.ing- rv�ui;rr CityLelectietr valid under the provisions of section 362.4 of the Code of Iowa is filed with the council, the Council must submit the amending ordinance to the voters at a special Ccity election, and the amendment does not become effective until approved by a majority of those voting. C. If a petition sign eligible electors oAlie-City equal in numbet-te-4en-percent o€ the - persons who voted at the last preceding . , lat, r valid under the provisions of section 362.4 of the Code of Iowa is filed with the Council proposing an amendment to the Charter, the Council must submit the proposed amendment to the voters at a special Ccity election, and the amendment becomes effective if approved by a majority of those voting. (Ord. No. 85 -3227, § 2(2) 3- 12 -85) Section 8.02. Charter review commission. The Council, using the procedures prescribed in Article V, shall establish a Charter Review Commission at least once every ten years following the effective date of this Charter. The Commission, consisting of at least nine members, shall review the existing Charter and may, within twelve months recommend any Charter amendments that it deems fit to the Council. The Council shall either exercise its power of amendment pursuant to Section 8.0IB of the Charter on a matter recommended by the Commission or Ordinance No. 02 -4019 Page 4 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 ,,,,,,,,,,,,,,,,,,d to the r,,...,,.a 11,.,, itexereise :,,...ewer e4' amendment pursuant to eetion 8.0113 of ibis Charter she Ce:=^miss eta (Ord. No. 85 -3227, § 2(2), 3- 12 -85) CHARTER COMPARATIVE TABLE The Home Rule Charter is set out in this volume as adopted by the voters on November 15, 1973, and by Ordinance No. 76 -2792, on January 2, 1976. The following table shows the disposition of amendments to the Charter: Ordinance Number Date Section Disposition 77 -2826 3 -15 -77 II 6.01 77 -2858 9 -06 -77 2 7.0513 77 -2864 9 -06 -77 2 3.01 85 -3227 3 -12 -85 2(1) Definitions 7,8 2(2) 2.01, 2.03, 2.05 -2.08 3.01 -3.03 4.04, 5.02, 6.04,7.01- 7.05, 8.01, 8.02 85 -3228 3 -12 -85 1 6.02 85 -3273 12 -17 -85 2 2.01 90 -3462 6 -26 -90 1 7.03A 2 7.04A 95 -3671 3 -28 -95 1 2.0613, 2.08C,E, 3.01A, 6.01, 7.04D 1 The home rule Charter of the City, adopted by the voters of the City on November 15, 1973, and by Ordinance 76 -2792 on January 2, 1976, pursuant to I.C.A. section 372.9, is set out herein as adopted and amended. alb; sue. ii�� Marian Karr Crom: Karen Kubby [kubby @pobox.com] :nt: Friday, November 05, 2004 9:49 AM 7o: marian karr Subject: for charter review commission Charter Review Committee, This is a post- election update on some instant run -off voting around the country. - -Karen Kubby November 5, 2004 To: Friends of Fair Elections From: Rob Richie, Executive Director FairVote -The Center for Voting and Democracy Re: - Big wins for instant runoff voting wins in cities - We still need to protect our right to vote - Election 2004: Revealing and surprising facts We've been sifting through the results of the November 2nd elections. They tell important stories - ones that in some cases have been overlooked or misinterpreted by many observers. I think you'll enjoy perusing through our findings below. I also wanted to report on three landslide wins for instant runoff Ming . the ballot this November. Instant runoff voting (www.fairvote.org) is rapidly growing in popularity as a means to elect majority winners when more than two candidates contest an executive /one - winner office. * Proposal B on Ferndale, Michigan's ballot won by a lopsided 69 % -31% margin. The proposal amends Ferndale's city charter to provide for election of the mayor and City Council through the use of IRV pending the availability and purchase of compatible software and approval of theequipment by the Ferndale Election Commission. A suburbof Detroit with some 10,000 voters that are relatively balanced between Democrats and Republicans, Ferndale had a very energetic, effective campaign led by Ferndale IRV: http: / /tiwca.firv.org * In Vermont, voters in Burlington overwhelmingly passed an advisory referendum on whether the city charter should be amended to use IRV for the election of the mayor. Under Burlington's current charter, a candidate for mayor can win with as little as 40% of the vote (meaning 60% might consider that candidate the worst choice), and if no candidate achieves that threshold, a separate runoff election is held. These provisions offer the worst of both worlds, creating the risk of a "spoiler" scenario and also the potential Est and lower turnout apical of a separate runoff. Some 66% of voters approved the ballot item, meaning that a formal charter amendment is likely to move forward in March. * Voters in 16 western Massachusetts towns approved a non - binding motion in support of IRV, by a margin of 11,956 to 5,568. The question directed ate dpresentative Steve Kulik to vote in favor of legislation or a constitutional amendment to require IRV for elections to statewide office (such as Governor, Treasurer, Auditor and Secretary of the Commonwealth. The final good news on the instant runoff voting was San Francisco's first IRV election. Despite introducing the systemto voters in the midst of a presidential year, the city reported a smooth transition. First - choice results were reported on election night. With absentee and provisional ballots being integrated into the totals, initial runs of the IRV program should take place on Friday in the future we expect quicker results, and cities and states that require all absentee votes to be in place by election night could run IRV tallies that evening. For a San Francisco Chronicle news article, see: http: // fairvote .org /sf /sfchronicleII0304.htm =====Privacy Statement-- =� ATTENTION: This electronic document may contain confidential information and is intended for use by the addressee and /or their intended representatives only. Review by unintended individuals is prohibited. If you are not the itended recipient, please do not read, transmit, copy, disclose, store utilize this communication in any manner. If you received this message in error, please notify the sender immediately and permanently delete this message from your computer. Thank you. 3