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
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