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HomeMy WebLinkAbout01-13-2005 Charter Review Commission• = December 1, 2004 PACKET CR67 Agenda for 12 -1 CR68 Minutes of November 22 CR69 Invitation to local High Schools December 8, 2004 PACKET CR70 Agenda for 12 -8 CR71 Minutes of December 1 CR72 Letter from Carol deProsse CR73 December 1 Materials -KXIC Interview -Sign In Sheets -Copy of Media Coverage CR74 Video On Demand (VOD) Request January 6, 2005 PACKET CR75 Agenda fort -6 CR76 Minutes from December 8 CR77 Minutes from December 13 CR78 Presentation of Recommendations to Council CR79 Copy of memo sent to attendees of December 1 Community Discussion January 13 & January 14. 2005 PACKET CR80 Agenda for 1 -13 CR81 Agenda for 1 -14 CR82 Minutes from January 6 CR83 Non Red -Lined Version of Charter ,284 Non Red -Lined Version of Charter CHARTER REVIEW COMMISSION MEETING AGENDA Thursday, January 13, 2005 7:00 PM City Hall, Harvat Hall 410 East Washington Street PUBLIC HEARING - recommended changes to the Charter * * ** *Next meeting January 14 (7:30 AM — 9:00 AM; Harvat Hall) * * * ** CHARTER REVIEW COMMISSION MEETING AGENDA Friday, January 14, 2005 7:30 AM -9:00 AM City Hall, Harvat Hall 410 East Washington Street 1. Approve Minutes 2. Public Comment Receive correspondence 3. Review Public Hearing input from previous evening 4. Review Charter 5. Presentation to Council 6. Meeting Schedule 7 Old Business 8. Adjournment (9:00 AM) MINUTES CHARTER REVIEW COMMISSION THURSDAY, JANUARY 6, 2005 — 3:30 PM HARVAT HALL, CITY HALL DRAFT Members Present: Kevin Werner, Andy Chappell, Karen Kubby, Pemry Davidsen (on speakerphone), Naomi Novick, Vicki Lensing, Nate Green, Lynn Rowat, and William Sueppel, Chair Staff Present: Marian Kan', Eleanor Dilkes CALL TO ORDER Chairperson Sueppel called the meeting to order at 3:35 PM. APPROVE MINUTES MOTION: Kubby moved to accept the minutes of December 8, 2004, as' written; seconded by Chappell. Motion carried 9 to 0. MOTION: Kubby proved to accept the minutes of December 13, 2004, as written; seconded by Novick. Motion carried 9 to 0. PUBLIC COMMENT None. REVIEW CHARTER Sueppel asked if any of the members had anything new they wanted to share. Hearing nothing new, the members decided to discuss the four main issues that they have left. The first issue, how the mayor is elected, was discussed. Novick stated that she feels they have a good system now, and she likes that the mayor is part of the City Council and gets to discuss and vote as a member of the Council. Davidsen stated that she feels the election of the mayor should stay as it is, and that the mayor could be a district representative, if the Commission chooses to go to "true districts." Kubby slated that she has re -read the Charter many times, as well as talked to others, and she is still in favor of going to a directly elected mayor. Chappell stated that he also supports the idea of a directly elected mayor. Green stated that he originally was of the opinion that if our system is working well that it should not be changed, but he feels there should be more "opemiess" to the process. Werner stated that lie likes the system as it is now, and he feels the "first among equals" is best. Rowat stated that lie feels that all voters have, in a sense, had a chance to vote for who is going to be the mayor, by electing the Council members. Lensing stated that she and Rowat were in the same group at the last public hearing, and that what he stated is basically what their group felt: that if the responsibilities of the mayor are not going to change, then leave the election of the mayor as is. She, therefore, agrees that they should keep the system as is. The discussion then turned to a tern limit for the mayor, and Novick stated that people have been suggesting Charter Review Commission January 6, 2005 Page 2 a limit of four years. Sueppel ended the discussion by stating that he also feels the system works as it is, and does not want to change at this time. Lensing noted that she would like the Commission to let the Council know that they would like to see this process done in as open and public of a manner as possible. Dilkes noted that in the past this process was done by secret ballot, but that process was stopped and now the Council member's vote must be public. MOTION: Novick moved to "TA" Section 2.06 A, li and C-- Mayor, as written; seconded by Rowat. Motion carried 6 to 3 (Green, Chappell, and Kubby voting the negative). The discussion then turned to term limits for the mayor. Lensing stated that she has not changed her mind on this, but noted that members of her group at the last public hearing did bring this up. She wants to acknowledge that some people have concerns about this and want term limits, but that as a Commission, she felt they had decided not to address this area. Novick stated that quite a few people feel that four years should be the limit. MOTION: Novick moved that the mayor, who is selected from among the Council members, bold office for no more than four years (two terms). No second. Motion dies. Section 2.02 Division into council districts – Kubby stated that she would favor keeping the 4 at- large, 3 district seats. Novick stated that the original idea behind this was to make sure that representation was evenly distributed throughout the city. She noted that in past Charter Review Commissions, the idea of having 5 districts was discussed, in order to spread the representation around. MOTION: Kubby moved to "TA" Section 2.02 Division into council districts as written; seconded by Chappell. Motion carried 9 to 0. Sueppel then turned the discussion to the "method of selecting district councilpersons. Kubby stated that the question then that had them hesitating was: if they had true districts and the majority of council felt that one of the district members was the best person to be mayor, and had four or more votes to be mayor, what does that mean – is it a good thing or not? She stated that she then tried to find some examples of this situation, and does not feel that they would have a problem with it locally. Davidsen agreed with Kubby's statement. Chappell noted that Ire has spoken in favor of the mayor being directly elected by the people, and that since that idea was voted down, lie feels the system should stay as it is. The concept of voters being disenfranchised was discussed at some length, with members giving their opinions. (TAPE ENDS) MOTION: Section 2.01— Composition and 3.03 — Regular city election – Kubby moved to create language in the Charter to have the districts be true districts; seconded by Chappell. Motion failed, 8 to 1, with Kubby voting in the positive, and the remaining eight members voting in the negative. Charter Review Commission January 6, 2005 Page 3 MOTION: Lensing moved to "TA" Section 2.01 and 3.03 as written; seconded by Green. Motion carried 8 to 1; Kubby voting in the negative. MOTION: Kubby moved to "TA" the entire Charter as amended by previous action of the Commission (as reflected in the red -line version dated 11/3/04 and one additional change in Section 2.05); seconded by Rowat. Motion carried 9 to 0. MOTION: Kubby moved to authorize Dilkes to make grammatical changes as deemed necessary in the final redline version of the Charter; Novick seconded. Motion carried 9 to 0. REQUEST FOR VIDEO ON DEMAND NOD) INFORMATION Karr explained to the members that this is a request that was in their December packet, where the local government channel wanted to know if the Charter Commission was interested in designating anyone on the Commission to do an interactive program with their Infovision program. This issue had been put off during December due to the public session that was being planned and held Kubby suggested that they look into this from more of an educational tool perspective. Karr will contact staff and ask they inform Chair Sueppel of options. PRESENTATION TO COUNCIL Sueppel opened the discussion by asking who is going to prepare the presentation for the City Council; what is it exactly that this person should prepare; and do they want to include recommendations to the Council as to whether they should adopt the recommendations by ordinance, or submit it to a vote of the people, and if they do this by ordinance, does the Commission favor one ordinance, or perhaps more than one as some are strictly grannnatical changes, and others are things that people might want to take issue with. Dilkes stated that her tentative opinion is that if the Council were to adopt every change made in one ordinance, objectors could still, within 30 days, ask to have a section of the ordinance be submitted to voters. Dilkes further stated she would need to look at the issue in more detail. Sueppel noted that Chappell had given the members a copy of all article from the County News regarding San Francisco using ranked voting. The discussion then honed to what the presentation would entail. Chappell stated that he believes they need two documents to present to the Council. One would be the "nuts and bolts" changes that the Commission is proposing, and the second document would be narrative -type of report, further explaining the changes and issues that the Commission has brought up. He feels that the first document, the "nuts and bolts ", should be done by staff (Karr & Dilkes), and the second document should be done by one of the members. He further suggested that a Commission member do a draft, and then the Commission as a whole wold review. Charter Review Commission January 6, 2005 Page 4 Kubby noted the following issues that have been raised by the Commission members during their review: the police /fire chief being approved by Council and appointed by the City Manager; restrictions on referendum; desire to have a citizen's guide for the Charter; and the time -frame that was presented by staff. Sueppel suggested they review the minutes from their meetings thus far, and pull the main discussion topics from there. Chappell stated that he feels they should pick someone on the Commission to start a preliminary draft of this presentation. Novick suggested that Chappell do this, and members agreed. It was decided that Kubby would work with him, as well, on this draft. Dilkes asked for clarification on what she and Karr are to do, which is an explanation of the actual changes that are being made, and not issues that the Commission merely discussed. She said they would include items such as the staff time -line as it will help to clarify the changes. Sueppel asked when this Commission ends, and Kan noted approximately May 4, 2005. She further stated that the Commission's "work is done" when they present their proposal to Council, but that does not mean that they won't be asked for further information or review. Kan their asked for clarification of the January 14'h meeting agenda. Items to be addressed are: review public hearing of January 13, and review final reports by Dilkes /Karr and Chappell/Kubby. It was further decided that Chappell and Kubby would have their version of the presentation to Kan by 10:00 AM on Thursday, January 13. Dilkes ended the discussion by asking the members if they wanted to set a public hearing for the Council on the Charter Commission's recommendations, and whether to give them to the voters or do this by ordinance. Majority agreed to present recommendations only, and not request setting of a hearing. OLD BUSINESS None. ADJOURNMENT MOTION: Rowat moved to adjourn the meeting; seconded by Green. Meeting adjourned at 5:13 PM. c' l�` 3 NON RED -LINED VERSION January I0, 2005 The Citizens of Iowa City, Iowa, by virtue of the enactment of this Charter, adopt the following principles: 1. That the govermnent 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 frill 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," exeep"s- provided t ele VII; 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) NON RED -LINED VERSION January 10, 2005 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- dorniel ary an eligible elector of that Council District. (Ord. No. 85 -3227, § 2(2),3- 12 -85) Section 2.04. Terms. NON RED -LINED VERSION January 10, 2005 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 terns 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;, aral4The 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 tern 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. NON RED -LINED VERSION January 10, 2005 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 ft., re-te -of a majority vote of all the members of the Council the Coin neilinembers except as otherwise provided by State law. B. TheCoun abn new; rou"efitiou, a propes4ien-fer-the repeal; an endment- or- enaetmenrof any- measure to be wot" at airy succeeding genes 1 K�,...1.. ..l ``:. , ale..ti..., a..d -ic 41,e .. •.:,.., .... �.kxitazc °•> --D° ..a ,,, see.... majority of th ..uot .,,... u. ih° °�icctivr � ihcra °vusi� •rc�iisrirvve- i'epealeF� 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 appointment of the chief of the police department and chief of the fire department which are subject to approval of the City Council Nneither the Council nor its members may dictate, in any mamrer, 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. NON RED -LINED VERSION January 10, 2005 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 candidates for that Council seat. B. If there are more than hvice 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. hi 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. NON RED -LINED VERSION January 10, 2005 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 mManager. 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 mManager. 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 U5 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 surer wise all purchases of materials and supplies, and assure that such materials and supplies are received and are of specified quality and character. (0) 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. (910) 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. (-1-012) Provide the Council mora ly an itemized written monthly financial report. (-13-13) Attend Council meetings and keep the Council fully advised of the financial and other conditions of the City and its needs. (-1214) See that the business affairs of the City are transacted in an efficient NON RED -LINED VERSION January 10, 2005 manner and that accurate records of all City business are maintained and made available to the public, except as otherwise provided by State law. (131 5) 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 Councilmembers. 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 conditions for the removal of members for-just ettase 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. NON RED -LINED VERSION January 10, 2005 B. The Council slrall 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, iffm� -before -and alter, eaeh feg eial primary- r .,,_, eff eleetien, 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 cor "contribution" de e do n"e- aid or or election shall be defined as that term is defined in Chanter 56 ( "Campaign 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. (1)Initiative. The qualified electors have the right to propose erdirtanees measuresto NON RED -LINED VERSION January 10, 2005 the Council and, if the Council fails to adopt all ,.aae a measure so proposed without any change in substance, to have the ordinance measure submitted to the voters at an election. (2)Referendunr. The qualified electors have the right to require reconsideration by the Council of an existing ordinane 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 measures 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. (1)Subject matter. The right of initiative and referendum shall not extend to any of the following: (a2Any measure of all executive or administrative nature. (b) The City budget. LcZThe appropriation of money. LdjThe levy of taxes or special assessments. LelThe issuance of General Obligation and Revenue Bonds. aThe letting of contracts. (g)-Salaries of City employees. LhjAny measure required to be enacted by State or federal law. ()i-Arnendments to this Charter. UArrrendments affecting the City Zoning Ordinance or the land use maps of the Comprehensive Plan, including the district plan maps.--except -those gz, tract of land two aeres -o: I"ivre in qiz v (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 occru•s 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 erdinanee 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. (1)Scope of power. It is intended that this article confer broad initiative and 10 NON RED -LINED VERSION January 10, 2005 referendum powers upon the qualified veters electors of the City. (2)hritiative. 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 ordinance measure and (b) an initiative petition may amend an existing erdinanee measure. (3)Referendum. It is intended that a referendum petition may repeal an ordinal 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 erdinanee measure under consideration, an&sSuch rdinai ez measure shall remain in full 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 erdinanee a measure vote to repeal or amend the ordinanee 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 erinanee 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 Rill the proposed initiative ordinamce measure or citing the ordin nee 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 11 NON RED -LINED VERSION January 10, 2005 signing shall provide, and the petition form shall provide space for, the signature, printed name, and address of the person signing; and the date the signature is executed;, and- anyether in€ornr ed -1 r Coun� . The form shall also provide space for the signer's birtlidate, 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 fill text of the ci-Elin ne measure proposed or sought to be reconsidered. The petition filed with the City Clerk need have attached to it only one copy of the ordinance 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 ordinanee 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„ sSuch notice to must be filed with the City IPA N" RED -LINED VERSION January lo, 2005 Clerk within two days after receiving a copy of the certificate, and the petitioner also must files a 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 itit -nor 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 rile upon the sufficiency of the petition. C. Court review„ ' ' rgh C.ouncil'sn.muiivii -n f.. eta,.., n..,,.. vA:. .. F •,di£i$l wiveequitable in nature 1 imist be filed r t f ehn nn eotmly mti w* U eque4-for Co eil 1 Q.,et:..n 7.0dD A tl elil:.,.. o" t'tion t V��ln.�TGZ�1�.1T�TD� L4nR�TJti1111f1�- pI -LIj�i pytil Cf�ll -LVC r ".review ,al. , tl:.t. a„ .a„ . a,te „t: , by . a. of the petition, i determination instifficieney, even4fsustaine�nporl- -0. out C shall net prejudice the Fl:. of nev�, et :t:,.., far the , _ purpose. 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 ordinane 13 NON RED -LINED VERSION January 10, 2005 measure or reconsider the referred erdinaneo measure. If the Council fails to adopt a proposed initiative ordiramee measure and fails to adopt an- ordinance 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 -Douneil -sha it "e t oieott : i,, i, , i, e,, o c^ o,� a ec�vifll the-pFovisi us of this Ard-olve ^ ^ ax i su€ftsientiursuant ie Se etioff :04 -_If at any time more than thirty days before a scheduled initiative or referendum election the Council adopts the proposed initiative efdir anee measure or adopts an n anane-e 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. d- Submission to voters. (1, Initiative. The vote of the City on a proposed ors ref�rfe a 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 of-thirty-day period provided for consideration or on 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 fore 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 days 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 Clerk .,-however-, ver, -,daa be C^ :, -- :de— for-a-,peeira-iefercrduni election on -a referred erdiiumee an), time after the eiipiratien of4he4hi4y-day-pefied provided for fesensidei-atimi in-Seetienq.05A. C. Ballot. Copies of the proposed or referred ordinanee 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 or&u nee 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 ordnance 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 14 NON RED -LINED VERSION January 10, 2005 same manner as erdinarrees measures of the same kind adopted by the Council, except as provided in Section 7.0I13(3). If conflicting erdinanees 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 erdi+ranee measure vote against-it in favor of repealine 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 s r� ecial 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 - by-ehgible`41 e-Gity b Oity el"on- 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 Ceity election, and the amendment does not become effective until approved by a majority of those voting. C. If a petition %. ped b r" umber- terrpereeni of the persens i.. ". . c,c ? :t t c :c , cd .lar r� valid under the i;r .:g.cgr 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 Ceity 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 15 NON RED -LINED VERSION January 10, 2005 ursuant to Section 8.01B of the Charter on a matter recommended by the Commission o 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 .. y .le,, .,,,,,,.. uend- te- the-Csuncil that- ii -eNem povtFof amendment ��, ,onin of ri i' � ended- byflte Ges; =:;:issiert: (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) 85 -3228 3 -12 -85 1 85 -3273 12 -17 -85 2 90 -3462 6 -26 -90 1 2 95 -3671 3 -28 -95 1 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 6.02 2.01 7.03A 7.04A 2.0613, 2.08C,E, 3.01A, 6.01, 7.041) r The hone 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. 0-KAIL NON RED -LINED VERSION January 10, 2005 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," 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) NON RED -LINED VERSION January 10, 2005 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 an eligible elector of that Council District. (Ord. No. 85 -3227, § 2(2), 3- 12 -85) Section 2.04. Terms. At the first election under this Charter, all seven Councilmembers are to be elected; the NON RED -LINED VERSION January 10, 2005 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 terns 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. 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 tern for a tern 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. The Council may determine its own rules and shall maintain records of its proceedings NON RED -LINED VERSION January 10, 2005 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. Passage of an ordinance, amendment or resolution requires a majority vote of all the members of the Council except as otherwise provided by State law. 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 rernimerated City office or employment for at least one year after leaving the Council. B. With the exception of the appointment of the chief of the police department and chief of the fire department, which are subject to approval of the City Council, neither 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 ten (10) persons. 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. NON RED -LINED VERSION January 10, 2005 (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 candidates 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. 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 City Manager. The City Manager may designate a qualified City employee as Acting City Manager to NON RED -LINED VERSION January 10, 2005 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 lie or she returns. Section 4.04. Duties of City Manager. A. The City Manager shall be chief administrative officer of the City and shall: (I)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. (6)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. (7)Supervise the performance of all contracts for work to be done for the City, supervise all purchases of materials and supplies, and assure that such materials and supplies are received and are of specified quality and character. (8)Supervise and manage all public improvements, works and undertakings of the City, and all City -owned property including buildings, plants, systems, and enterprises, and have charge of their construction, improvement, repair and maintenance except where otherwise provided by State law. (9)Supervise the making and preservation of all surveys, maps, plans, drawings, specifications and estimates for the City. (10) 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. (11) Prepare and submit to the Council the annual budgets in the form prescribed by State law. (12)Provide the Council an itemized written monthly financial report. (13) Attend Council meetings and keep the Council fully advised of the financial and other conditions of the City and its needs. (14) See that the business affairs of the City are transacted in an efficient manner and that accurate records of all City business are maintained and made available to the public, except as otherwise provided by State law. (15) Provide necessary and reasonable clerical, research and professional assistance to Boards within limitations of the budget. (16) Perform such other and further duties as the Council may direct. B. The City Manager, in performing the foregoing duties, may: NON RED -LINED VERSION January 10, 2005 (1)Present recommendations and programs to the Council and participate in any discussion by the Council of any matters pertaining to the dirties 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 Couneihnembers. 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 tern, 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 applications by citizens. Council procedures for the removal of members 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. 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. NON RED -LINED VERSION January 10, 2005 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 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 "contribution" shall be defined as that term is defined in Chapter 56 ( "Campaign 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) rs _ iM AWN..- Section 7.01. General provisions. A. Authority. (1)fiiitiative. The qualified electors have the right to propose measuresto the Council and, if the Council fails to adopt a measure so proposed without any change in substance, to have the 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 measure and, if the Council fails to repeal such measure, to have it submitted to the voters at an election. (3)Definition. Within this article, " measure" means all 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, NON RED -LINED VERSION January 10, 2005 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. (1)Subject matter. The right of initiative and referendum shall not extend to any of the following: (a) Any measure of all executive or administrative nature. (b) The City budget. (c) The appropriation of money. (d) The levy of taxes or special assessments. (e) The issuance of General Obligation and Revenue Bonds. (f) The letting of contracts. (g) Salaries of City employees. (h) Any measure required to be enacted by State or federal law. (i) Amendments to this Charter. 0) Amendments affecting the City Zoning Ordinance or the land use maps of the Comprehensive Plan, including the district plan maps. (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 occurs 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 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 measure. No 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. (1)Scope of power. It is intended that this article confer broad initiative and referendum powers upon the qualified electors of the City. (2)Initiative. It is intended that (a) no initiative petition will be invalid because it repeals an existing measure in whole or in part by virtue of proposing a new measure and (b) an initiative petition may amend an existing measure. (3)Referendum. It is intended that a referendum petition may repeal 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 measure under consideration. Such measure shall remain in full 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 a measure vote to repeal 10 NON RED -LINED VERSION January 10, 2005 or amend the measure and the vote is certified. E. City obligations. An initiative or referendum vote which repeals an existing measure in whole or in pant does not affect any obligations entered into by the City, its agencies or any person in reliance on the 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. Cormnencement. 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 measure or citing the 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 Clerk 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, printed name, address of the person signing and the date the signature is executed. . The form shall also provide space for the signer's birtldate, 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 measure proposed or sought to be reconsidered. The petition filed with the City Clerk need have attached to it only one copy of the 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 11 NON RED -LINED VERSION January 10, 2005 signer had an opportunity before signing to read the full text of the 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 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 • statement of his or her intent to revoke his or her signature. After a petition is filed • 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 City Clerk; 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 must be filed with the City Clerk within two days after receiving a copy of the certificate, and the petitioner also must file a 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 12 NON RED -LINED VERSION January 10, 2005 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 Wile upon the sufficiency of the petition. C. Court review. 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 measure or reconsider the referred measure. If the Council fails to adopt a proposed initiative measure and fails to adopt a measure which is similar in substance within sixty days, or if the Council fails to repeal the referred measure within thirty days after the date the petition was finally determined sufficient, it shall submit the proposed or referred measure to the qualified electors of the city as hereinafter prescribed. If at any time more than thirty days before a scheduled initiative or referendum election the Council adopts the proposed initiative measure or adopts a measure which is similar in substance or if the Council repeals a referred measure, the initiative or referendum proceedings shall terminate and the proposed or referred measure shall not be submitted to the voters. B. Submission to voters. (1)Initiative. The vote of the City on a proposed 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 sixty day period provided for consideration 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 13 NON RED -LINED VERSION January 10, 2005 days 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 Clerk., . C. Ballot. Copies of the proposed or referred 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 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 measure vote in its favor, it shall be considered adopted upon certification of the election results. The adopted measure shall be treated in all respects in the same manner as measures of the same kind adopted by the Council, except as provided in Section 7.0113(3). If conflicting 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 measure vote 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 city election, and 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 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 city election, and the amendment does not become effective until approved by a majority of those voting. C. If a petition valid under the provisions of section 362.4 of the Code of Iowa is filed 14 NON RED -LINED VERSION January 10, 2005 with the Council proposing an amendment to the Charter, the Council must submit the proposed amendment to the voters at a special city 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 8.0113 of the Chatter on a matter recommended by the Commission or 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. (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 Chatter: 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, 3.01 A, 6.01, 7.04D t 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 NON RED -LINED VERSION January 10, 2005 set out herein as adopted and amended. 15 Marian Karr crom: Marian Karr ant: Thursday, January 13, 2005 11:33 AM To: 'billfs @meardon law. com'; andy chappell (E- mail); ' pkd317 @aol.com %'omd618 @aol.com'; 'kubby @pobox.com'; 'vicki.lensing @leg. state. ia.us'; 'vickilensing @juno.com'; 'kwerner @isbt.com'; 'rowatle @mchsi.com'; 'nate - green @uiowa.edu' Cc: Eleanor M. Dilkes: Marian Karr Importance: High Below is Andy's draft report to the City Council, and suggestions for revisions. Eleanor had also prepared a draft memo regarding the proposed changes. However, after review of Andy's report, and discussion with Andy, Eleanor feels hers would be duplicative. She will make any additions to Andy's explanation of the proposed changes she believes are necessary and distribute tomorrow morning at your meeting. Please let me know when you have received this and if you have any problems opening the attached report. See you tonight. Marian Commission Members, Attached you will find the Draft Report of the Commission, for your review. It will be discussed at Friday's meeting and, hopefully, will be provided to the City Council at Tuesday's meeting, along with the red -line version of the Charter. In order help make Friday's discussion of the Report as efficient as possible, I recommend the following: After Friday's meeting, we will not likely be able to deliberate prior to giving the Report to the City Council on Tuesday. As such, we will have to assign someone the task of making any changes recommended by the Commission and getting the Report back to Marian. I can do this, but if someone else would rather do it they should be able to make the changes directly to the draft. If you have typographical and /or grammatical errors, I recommend you simply write them down and bring a list Friday morning. That way, we can just give the list to whoever will be making the changes. If you have formatting or stylistic changes you would like made, I recommend you make note of one example rather than taking the time to list each time the offending format/style appears. When a change is made, it will be easy to find other instances and just repeat the change throughout the document. This should help free up time for discussion of any substantive additions, deletions, concerns, issues, etc. you may have. As for the Draft itself, I tried to go through every change in the red -line version and give some sort of explanation for our recommendation. As you'll see, some are quite a bit more detailed than others. Then I added reference to what Karen and I thought were some of the major issues we discussed, but didn't result in any recommendations. You may have others you would like added. I included an introduction and conclusion, and a reference to the Citizens' Guide. These should serve at least as a starting point for our discussion. As for the format, I tried to choose one that was pretty non - descript, so it is easier to change if people want something different. Feel free to give me a call if you have any questions. -Andy Chappell ,<eportofCommissio n -Draft IIIA... Di if hbc /01.12.05 REPORT OF THE IOWA CITY CHARTER REVIEW COMMISSION The Commission and the Process. The Iowa City Charter Review Commission was established by the Iowa City City Council in May of 2004. Created pursuant to Section 8.02 of the Iowa City Charter, the Commission was charged with "review[ing] the existing Charter" and "recommend[ing] any Charter amendments that it deems fit." The Commission must be established by the City Council at least once every ten years. Commission members were selected by the Council and include Chairperson William Sueppel, Chair Pro tern Vicki Lensing, Andrew Chappell, Penny Davidsen, Nathan Green, Karen Kubby, Naomi Novick, Lynn Rowat, and Kevin Werner. In furtherance of its charge the Commission began meeting in mid -May. The Commission has met over twenty two (22) times for in excess of forty (40) hours. Citizens have had the opportunity to participate in the process at every step. All meetings were posted and open to the public, the Commission heard in- person citizen comments and accepted written correspondence, and the Commission held two traditional public hearings and a public meeting with interactive discussion. The Commission was aided in its work by the invaluable contributions of Eleanor Dilkes, City Attorney; Marian Kan', City Clerk; and Laura Berardi, Minute Taker. The Report. This Report is meant to provide the City Council and the public with a substantive review of the Commission's recommendations. It supplements the "red -line" version of the Charter that was drafted by the City Attorney and sets forth the language of the specific amendments. While the hope is that the Report will provide some details to explain the Commission's recommendations, any document of this nature will necessarily be somewhat incomplete. Accordingly, the Report itself should be supplemented with the copious minutes taken of the Commission's meetings. Additionally, the Commission remains available to address questions and issues that may arise during the Council's review of its recommendations. Explanations of Recommended Charter Amendments. 1. The recommendation to amend the definitions of "Ordinance" and "Measure" is part of a larger recommendation to replace the term ordinance with measure throughout Article VII. As currently written, Section 7.01(A)(3) defines "ordinance" to include "all measures of a legislative nature ". However, in the general definitions section of the Charter measure is defined more broadly than ordinance and means "an ordinance, amendment, resolution or motion." The amendment is meant to both reconcile this inconsistency and make clear that initiative and referendum are available with respect to, the more broadly defined, measures rather than, the more narrowly defined, ordinances. 2. The recommendation to amend Section 2.03 is one of word preference. The Commission thought the term "eligible elector" to be more clear and understandable than the term "domiciliary." 3. The recommendation to amend Section 2.11(A) is meant to clarify that ordinances, amendments and resolutions require a majority vote of all members of the Council, rather than simply a majority of the members present. 4. The recommendation to delete Section 2.11(B) is meant to address concerns that this section was inconsistent with current case law. From a policy standpoint, the Commission also had concerns about the broad power the section appeared to give the Council to present virtually any matter to the electorate for a vote, thereby allowing the Council to avoid its responsibility to legislate. 5. The recommendation to amend Sections 2.12(B) and 4.04(A)(3)- .04(A)(4) was meant to both clarify and formalize the City's current practice of having the City Council take formal action to approve the City Manager's appointment of either the Police Chief or the Fire Chief. In addition to past practice, this also has support in existing state law. While some members of the public supported the idea of having the City Council appoint the Police Chief instead of the City Manager, the majority of the Commission did not support this idea. There was no interest in extending this practice of approval to other city department heads. 6. The recommendations to amend Sections 3.01(A), 4.03 [Title], 4.04 [Title], 7.01(C)(1), 7.02(B), 7.04(A), 7.06(A), 7.06(B) are either typographical or granunatical in nature. 7. The recommendation to amend Section 4.04(A)(5) is an acknowledgment that it is no longer possible or advisable to have the City Manager "make" all of the City's purchases, rather than simply supervising them. There are two recommended amendments to Section 5.02. The recommended replacement of the word "nominations" with "applications" is meant to make the Charter more consistent with the City Council's current practice for filling vacancies on Boards and Commissions whereby applicants submit applications. The recommended change related to the removal of Board and /or Commission members is meant simply to make the Charter more clearly consistent with current state law. 9. The recommendation to amend Section 5.03 is meant to emphasize that Boards are subject to open records requirements as well as open meetings requirements, and that their by -laws should address both matters. This amendment will likely require related changes in the by -laws of most City Boards. 10. The recommendation to amend Section 6.02 is to make it more clear and readable. 11. The recommendation to amend Section 6.03 is meant to ensure the Charter's use of the term "contribution" is consistent with existing state law regarding campaign finances. 12. There are two recommended amendments to Section 7.01(B)(1). First, the Commission recommends that 7.01(B)(1)O) be amended to prohibit any initiative or referendum affecting the city zoning ordinance including the maps of the Comprehensive Plan and the district plan maps, regardless of the size of the tract of property at issue. The Iowa Code sets out a very detailed process for amending a city's zoning ordinance and related maps, including a public hearing and consideration by the Planning and Zoning Commission and City Council. There were concerns that allowing the initiative and/or referendum process to be used to effectively amend the zoning ordinance would be inconsistent with this statutory scheme. From a policy standpoint, the Commission also determined it would be more appropriate for such amendments to go through the public hearing process, than simply through a petition and voting process. Second, the Commission recommends that a new section 7.01 (13)(1)(k) be added placing limitations on when public improvements may be subject to initiative and referendum. The intent with this recommendation is not to prohibit any initiative or referendum dealing with public improvements, but to limit them to appropriate times, prior to certain actions being taken which either significantly encumber city resources or create burdens on private property owners who may be effected by a given project. The term "public improvements" is used specifically so it may be interpreted more broadly than the term "capital improvement ", which has a relatively narrow meaning under existing state law. 13. The Commission recommends the phrase "and any other information required by City Council" be removed from Section 7.03(B). This language allowed the City Council to require "any other information" it wanted to be collected as part of the petition process for an initiative or referendum effort. However, the language places no limitation on what other information could be required and does not require that the information be demanded on all initiative or referendum petitions. In essence, the language appeared to give the City Council the ability to create significant obstacles for specific initiative or referendum efforts. Though there is no evidence of the City Council ever requiring such "other information" of particular petitioners, the Commission was concerned about the potential for abuse through use of this language. Further, if the City Council would like to require petitions to include information other than that which is currently required by Section 7.03(B), it may use its power to amend this section of the Charter. If that occurs, however, the requirements would at least be applicable to all petitioners. 14. The recommendation to amend Section 7.04(C) clarifies the proper way to request judicial review of the City Council's actions taken in conjunction with Section 7.04(B), namely through writ of certiorari. The Commission also was concerned with the existing language was consistent with current state law. 15. The Commission recommends that the sentence "The Council shall submit to the voters any ordinance which has been proposed or referred in accordance with the provisions of this Article unless the petition is deemed insufficient pursuant to Section 7.04." be deleted because it is unnecessary, given other language in the Charter, and may actually be confusing to some. 16. The amendments recommended for Section 7.05(B) are meant to clarify when all initiative or referendum petition must be filed in order to be placed on a particular ballot. The amendment should alleviate the situation where an initiative or referendum petition is submitted too late for inclusion on the next scheduled election and therefore the underlying issue would have to wait a significant amount of time for a later election or the city would have to incur the expense of a special election. 17. The amendments recommended for Sections 8.01(A) and 8.01(B), changing the please "City election" to "special city election ", are meant to make these sections consistent with current state law. 18. The amendments recommended for Sections 8.01(B) and 8.01(C), referring to Iowa Code § 362.4, do not change the number of signatures a petition to amend the charter must have in order to be valid. Rather, they make clear that all aspects of section 362.4 must be met, in addition to the correct number of signatures. The Connnission also believes that referring to the appropriate code section will help citizens to be better informed about all of the appropriate petition requirements prior to beginning the petition process. 19. The amendments recommended for Section 8.02 attempt to make clear that the Charter Review Commission makes its recommendations to the City Council, and then the City Council may either submit the recommendations to the voters or use its power, pursuant to Section 8.01(B), to adopt the recommendations by ordinance. Other Matters Considered. In addition to those matters discussed that led to the above recommendations, the Commission also gave serious consideration to several issues that did not lead to recommended amendments. Some of those issues are discussed below. Numerous other issues were also discussed by the Commission and these discussions, though not described here, are reflected in the Commission's meeting minutes. 1. Selection of the Mayor. The Commission spent considerable time discussing the method used to select the mayor, both in its regular meetings and at the interactive public meeting. Some concerns were raised with the current process, including generally the secrecy of or lack of transparency in how the Council Members choose the Mayor and the inability of members of the general public to vote for a Mayor or otherwise participate in the process. In response to these concerns the Commission considered an amendment to the Charter that would have required that the Mayor be elected directly by the citizens. The potential problems with such a change included the risk that someone could be elected Mayor without any experience working on the Council and that a mayoral election could degenerate into a popularity contest. hi the end, the majority of the Commission decided not to recommend an amendment to the Charter on this issue, believing the current system, despite concerns, has worked well. 2. Term Limits. The Commission discussed term limits for the mayor and/or council members. Some support for a limitation on the number of two -year terms an individual could serve as mayor was voiced at the interactive public meeting. Despite this support, the Commission decided against recommending any term limits be built into the Charter. The reasoning for this position was that, in a representative government, the best and most appropriate term limitations come through the voters electing candidates of their choice. 3. Number of Districts. The Commission discussed whether to amend the Charter to change the number of council districts from three to four. The concern presented was that the city's geographic and population growth had made the existing districts too large to be manageable. No recommendation was made to increase the number of districts, however, because the associated decrease in geographic area and population represented by district council members would have been relatively small. Also, there was a preference to maintain the current majority of council members being at- large. 4. Election of District Council Members. The Commission spent a great deal of time discussing the current system for electing district council members and the fact that only residents of the district may vote in a district primary but all voters may vote on the district in the general election. A amendment was considered that would have allowed only residents of a particular district to vote in that general election district race. In support of this amendment was the idea that it would alleviate voter confusion over the current system and it may also engender stronger connections between the district electorate and the district -only council members. The majority of the Commission did not recommend such an amendment, though, because of a concern that it might promote parochialism among districts and a positive recognition that the current system affords each citizen to claim a stake in all seven council races. There also were concerns from some Commission members about the possibility that, if a change was made, a district council member elected by and representing only a third of the city could end up being selected by the City Council as mayor. 5. Voting Systems. The Commission spent some time discussing various alternative voting systems that attempt to eliminate costly primaries and allow consideration to be given to a voter's second choice, in the case of a failure of one candidate to secure a majority. No amendments relative to these systems were recommended, however, due to concerns about whether they would be permissible given existing state law. 6. Petition Requirements for Initiative/Referendufn and Charter Amendments. Initiative and referendum petitions must be signed by qualified electors equal in number to at least twenty -five percent (25 %) of the number of persons voting in the prior city election but may have no fewer than twenty five hundred (2500) signatures. Charter amendment petitions must be signed by eligible electors equal in number to ten percent (10 %) of those voting in the prior city election. The Commission discussed concerns that either or both of these thresholds were too low and the potential inconsistency of having the threshold be lower for amending the Charter than for simply adopting an initiative or referendum. Regarding the threshold for charter amendment petitions, this number is specifically dictated by the state code and should not be changed. Regarding the threshold for initiative and referendum petitions, the Commission examined voter turnout in prior elections and determined that in most cases the twenty -five percent (25 %) number was not used because it would have been less than the twenty five hundred (2500) signature limitation. Further, the relatively low threshold for signatures is mitigated by the fact that those signing the petitions must be qualified electors, rather than eligible electors. Accordingly, the Commission did not recommend changes to the petition requirements. Creation of a Citizens' Guide to the Charter. In the Commission members' numerous collective discussions with members of the public it appeared that a significant percentage of citizen concerns are based on an apparent or perceived lack of transparency. Citizens want to know how their government works, want to know what in their government is working, and how they can help their government to work better. All of these are especially true for local governments. To this end, the Commission respectfully recommends the City create a Citizens' Guide to the Iowa City Charter. Such a document could clarify, supplement and explain specific provisions of the Charter, especially those provisions that may be of particular interest to community activists and ordinary citizens alike. As such, the Citizens' Guide would assist those using it in better understanding and participating in our City's system of government. The Commission recommends this Citizens' Guide be drafted by City staff and made generally available to members of the public at the City Clerk's Office and on the City's Website. Conclusion. The Commission has appreciated and thoroughly enjoyed this opportunity to review the Iowa City City Charter and it is pleased to present its recommendations to the City Council for consideration and action. While there was not unanimity on every issue, the recommendations as a whole come to the City Council upon the unanimous vote of the Commission. Pursuant to Section 8.02 of the Charter, the City Council may either adopt the Commission's recommended amendments by ordinance or may put them on the ballot for consideration by the voters of Iowa City. It is not the Commission's C charge to recommend which of these options should be utilized. Instead, the decision on how to proceed is left in the hands of the City Council. Respectfully submitted this day of January, 2005. IOWA CITY CHARTER REVIEW COMMISSION By: William F. Sueppel, Chairperson Di afUabd01.13.05 REPORT OF THE IOWA CITY CHARTER REVIEW COMMISSION The Commission and the Process. The Iowa City Charter Review Commission was established by the Iowa City City Council in May of 2004. Created pursuant to Section 8.02 of the Iowa City Charter, the Commission was charged with "review[ing] the existing Charter" and "recommend[ing] any Charter amendments that it deems fit." The Commission mist be established by the City Council at least once every ten years. Commission members were selected by the Council and include Chairperson William Sueppel, Chair Pro tem Vicki Lensing, Andrew Chappell, Penny Davidsen, Nathan Green, Karen Kubby, Naomi Novick, Lynn Rowat, and Kevin Werner. In furtherance of its charge the Commission began meeting in mid -May. The Commission has met over twenty two (22) times for in excess of forty (40) hours. Citizens have had the opportunity to participate in the process at every step. All meetings were posted and open to the public, the Commission heard in- person citizen comments and accepted written correspondence, and the Commission held two traditional public hearings and a public meeting with interactive discussion. The Commission was aided in its work by the invaluable contributions of Eleanor Dilkes, City Attorney; Marian Karr, City Clerk; and Laura Berardi, Minute Taker. The Report. This Report is meant to provide the City Council and the public with a substantive review of the Commission's recommendations. It supplements the "red - line" version of the Charter that was drafted by the City Attorney and sets forth the language of the specific amendments. While the hope is that the Report will provide some details to explain the Commission's recommendations, any document of this nature will necessarily be somewhat incomplete. Accordingly, the Report itself should be supplemented with the copious minutes taken of the Commission's meetings. Additionally, the Commission remains available to address questions and issues that may arise during the Council's review of its recommendations. Explanations of Recommended Charter Amendments. I. The recommendation to amend the definitions of "Ordinance" and "Measure" is part of a larger recommendation to replace the term ordinance with measure throughout Article VII. As currently written, Section 7.01(A)(3) defines "ordinance" to include "all measures of a legislative nature ". However, in the general definitions section of the Charter measure is defined more broadly than ordinance and means "an ordinance, amendment, resolution or motion." The amendment is meant to both reconcile this inconsistency and make clear that initiative and referendum are available with respect to, the more broadly defined, measures rather than, the more narrowly defined, ordinances. 2. The recommendation to amend Section 2.03 is one of word preference. The Commission thought the term "eligible elector" to be more clear and understandable than the term "domiciliary." 3. The recommendation to amend Section 2.11(A) is meant to elarify4hat brines, the section into conformity with the State Code provision. There is no change in meaning. Passage of an ordinances, amendments and or resolutions requires a majority vote of all members of the Council, rather than simply a majority of the members present. 4. The recommendation to delete Section 2.11(B) is meant to address concerns that this section was is inconsistent with state law provisions regarding city legislation etiff� mat ease law. From a policy standpoint, the Commission also had concerns about the broad power the section appeared to give the Council to present virtually any matter to the electorate for a vote, thereby allowing the Council to avoid its responsibility to legislate. Council has never used this provision. 5. The recommendation to amend Sections 2.12(B) and 4.04(A)(3)- .04(A)(4) was meant to both clarify and formalize the City's current practice of having the City Council take formal action to approve the City Manager's appointment of either the Police Chief or the Fire Chief. In addition to past practice, this also has support in existing state law. While some members of the public supported the idea of having the City Council appoint the Police Chief instead of the City Manager, the majority of the Commission did not support this idea. There was no interest in extending this practice of approval to other city department heads. 6. The recommendations to amend Sections 3.01(A), 4.03 [Title], 4.04 [Title], 7.01(C)(1), 7.02(B), 7.04(A), 7.06(A), 7.06(B) are either typographical or grammatical in nature. 7. The recommendation to amend Section 4.04(A)(5) is an acknowledgment that it is nvzvngcr not possible or advisable to have the City Manager "make" all of the City's purchases, rather than simply supervising them. 8. There are two recommended amendments to Section 5.02. The recommended replacement of the word "nominations" with "applications" is meant to make the Charter more consistent with the City Council's current practice for filling vacancies on Boards and Commissions whereby applicants submit applications. The recommended change related to the removal of Board and/or Commission members is meant simply to make the Charter more clearly consistent with current state law and City practice. 9. The recommmendation to amend Section 5.03 is meant to emphasize that Boards are subject to open records requirements as well as open meetings requirements, and that their by -laws should address both matters. This amendment will - likely may require related changes in the by -laws of most City Boards. 10. The recommendation to amend Section 6.02 is to make it more clear and readable. 11. The recommendation to amend Section 6.03 is meant to ensure the Charter's use of the term "contribution" is consistent with existing state law regarding campaign finances. Under state law a person's time may a "contribution" if it is provided on a collective basis by, for instance, a business or union. 12. There are two recommended amendments to Section 7.01(B)(1). First, the Commission recommends that 7.01(B)(1)O) be amended to prohibit any initiative or referendum affecting the city zoning ordinance including the maps of the Comprehensive Plan and the district plan maps, regardless of the size of the tract of property at issue. The Iowa Code sets out a very detailed process for amending a city's zoning ordinance and related maps, including a public hearing, and consideration by the Planning and Zoning Commission and City Council and super - majority requirements upon objections by property owners. There were concerns that allowing the initiative and/or referendum process to be used to effectively amend the zoning ordinance would be inconsistent with this statutory scheme. From a policy standpoint, the Commission also determined it would be more appropriate for such amendments to go through the public hearing process, than simply through a petition and voting process. Second, the Commission recommends that a new section 7,01(B)(1)(k) be added placing limitations on when public improvements may be subject to initiative and referendum. The intent with this recommendation is not to prohibit any initiative or referendum dealing with public improvements, but to limit them to appropriate times, prior to certain actions being taken which either significantly encumber city resources or create burdens on private property owners who may be effected by a given project. The term "public improvements" is defined in accordance with state law to refer to building and construction work. ased speeifieally se it m "e interpreted- more broadly than t e term "cap:+ ement", whi h —has —a relatively naffw,.- meaning -un ere ci 13. The Commission recommends the phrase "and any other information required by City Council" be removed from Section 7.03(B). This language allowed the City Council to require "any other information" it wanted to be collected as part of the petition process for an initiative or referendum effort. However, the language places no limitation on what other information could be required and does not require that the information be demanded on all initiative or referendum petitions. In essence, the language appeared to give the City Council the ability to create significant obstacles for specific initiative or referendum efforts. Though there is no evidence of the City Council ever requiring such "other information" of particular petitioners, the Commission was concerned 3 about the potential for abuse through use of this language. Further, if the City Council would like to require petitions to include information other than that which is currently required by Section 7.03(B), it may use its power to amend this section of the Charter. If that occurs, however, the requirements would at least be applicable to all petitioners. 14. The recommendation to amend Section 7.04(C) clarifies the proper way to request judicial review of the City Council's actions taken in conjunction with Section 7.04(B), namely through writ of certiorari. We were advised that purporting to confer jurisdiction on the district court by way of judicial review is contrary to Iowa caselaw. The Conrinissien- also - was eoneerned -wi"e existing language 15. The Commission recommends that the sentence "The Council shall submit to the voters any ordinance which has been proposed or referred in accordance with the provisions of this Article unless the petition is deemed insufficient pursuant to Section 7.04." be deleted because it is unnecessary, given other language in the Charter, and may actually be contusing to some. 16. The amendments recommended for Section 7.05(B) are meant to clarify when an initiative or referendum petition must be filed in order to be placed on a particular ballot. The d a " to tHesitrtation wlrc an or referendum petition is submitted too late to!' incl R the next sched .led electron and therefore the „dell. would :t meant issue .Iffig a ietH4 of tinia fef a late election or the eit,.. ..Id ha a to hietif the -expense of special el2ctia = ~= Attached you will find an exhibit labeled "Charter Timelines ". The timeline at the top of the pale shows the maximum times currently-provided in the Charter for each step of the initiative and referendum process. The timeline on the bottom of the page shows the actual timeline for a recently filed initiative. As you can see, while the Charter provides 110 days for Clerk certification, additional signatures, Clerk certification of the supplemental petition, and Council consideration of a proposed initiative or referendum, in the example at the bottom of the page hat process was condensed into four days. In other words, because there is no minimum amount of time prior to the deadline for ballot questions within which a petition must be filed to get on that ballot, the process can be squeezed if the Council so chooses. The changes made to Section 7.05(B ) of the Charter are proposed to address this problem and require that the vote on a proposed or referred ordinance may be held at the regular City election or genera l election in November only if the petition was filed sufficiently in advance of the election to allow time for the Clerk's review and Council's consideration. 17. The amendments recommended for Sections 8.01(A) and 8.01(B), changing the phrase "City election" to "special city election ", are meant to make these sections consistent with current state law. 4 18. The amendments recommended for Sections 8.01(B) and 8.01(C), referring to Iowa Code § 362.4, do not change the number of signatures a petition to amend the charter must have in order to be valid. Rather, they make clear that all aspects of section 362.4 must be met, in addition to the correct number of signatures. The Commission also believes that referring to the appropriate code section will help citizens to be better informed about all of the appropriate petition requirements prior to beginning the petition process. 19. The amendments recommended for Section 8.02 attempt to make clear that the Charter Review Commission makes its recommendations to the City Council, and then the City Council may either submit the recommendations to the voters or use its power, pursuant to Section 8.01(B), to adopt the recommendations by ordinance. Other Matters Considered. In addition to those matters discussed that led to the above recommendations, the Commission also gave serious consideration to several issues that did not lead to recommended amendments. Sonic of those issues are discussed below. Numerous other issues were also discussed by the Commission and these discussions, though not described here, are reflected in the Commission's meeting minutes. 1. Selection of the Mayor. The Commission spent considerable time discussing the method used to select the mayor, both in its regular meetings and at the interactive public meeting. Some concerns were raised with the current process, including generally the secrecy of or lack of transparency in how the Council Members choose the Mayor and the inability of members of the general public to vote for a Mayor or otherwise participate in the process. In response to these concerns the Commission considered an amendment to the Charter that would have required that the Mayor be elected directly by the citizens. The potential problems with such a change included the risk that someone could be elected Mayor without any experience working on the Council and that a mayoral election could degenerate into a popularity contest. In the end, the majority of the Commission decided not to recommend an amendment to the Charter on this issue, believing the current system, despite concerns, has worked well. 2. Tenn Limits. The Commission discussed term limits for the mayor and /or council members. Some support for a limitation on the member of two -year terms an individual could serve as mayor was voiced at the interactive public meeting. Despite this support, the Commission decided against recommending any term limits be built into the Charter. The reasoning for this position was that, in a representative government, the best and most appropriate term limitations come through the voters electing candidates of their choice. 3. Number of Districts. The Commission discussed whether to amend the Charter to change the number of council districts from three to four. The concern presented was that the city's geographic and population growth had made the existing districts too large to be manageable. No recommendation was made to E increase the number of districts, however, because the associated decrease in geographic area and population represented by district council members would have been relatively small. Also, there was a preference to maintain the current majority of council members being at- large. 4. Election of District Council Members. The Commission spent a great deal of time discussing the current system for electing district council members and the fact that only residents of the district may vote in a district primary but all voters may vote on the district in the general election. A amendment was considered that would have allowed only residents of a particular district to vote in that general election district race. In support of this amendment was the idea that it would alleviate voter confusion over the current system and it may also engender stronger connections between the district electorate and the district -only council members. The majority of the Commission did not recommend such an amendment, though, because of a concern that it might promote parochialism among districts and a positive recognition that the current system affords each citizen to claim a stake in all seven council races. There also were concerns from some Commission members about the possibility that, if a change was made, a district council member elected by and representing only a third of the city could end up being selected by the City Council as mayor. 5. Voting Systems. The Commission spent some time discussing various alternative voting systems that attempt to eliminate costly primaries and allow consideration to be given to a voter's second choice, in the case of a failure of one candidate to secure a majority. No amendments relative to these systems were recommended, however, due to concerns about whether they would be permissible given existing state law. 6. Petition Requirements for Initiative/Referendum and Charter Amendments. Initiative and referendum petitions must be signed by qualified electors equal in number to at least twenty -five percent (25 %) of the number of persons voting in the prior city election but may have no fewer than twenty five hundred (2500) signatures. Charter amendment petitions must be signed by eligible electors equal in number to ten percent (10 %) of those voting in the prior city election. The Commission discussed concerns that either or both of these thresholds were too low and the potential inconsistency of having the threshold be lower for amending the Charter than for simply adopting an initiative or referendum. Regarding the threshold for charter amendment petitions, this number is specifically dictated by the state code and should not be changed. Regarding the threshold for initiative and referendum petitions, the Commission examined voter turnout in prior elections and determined that in most cases the twenty -five percent (25 %) number was not used because it would have been less than the twenty five hundred (2500) signature limitation. Further, the relatively low threshold for signatures is mitigated by the fact that those signing the petitions must be qualified electors, rather than eligible electors. Accordingly, the Commission did not recommend changes to the petition requirements. Creation of a Citizens' Guide to the Charter. In the Commission members' numerous collective discussions with members of the public it appeared that a significant percentage of citizen concerns are based on an apparent or perceived lack of transparency. Citizens want to know how their government works, want to know what in their government is working, and how they can help their government to work better. All of these are especially true for local governments. To this end, the Commission respectfully recommends the City create a Citizens' Guide to the Iowa City Charter. Such a document could clarify, supplement and explain specific provisions of the Charter, especially those provisions that may be of particular interest to community activists and ordinary citizens alike. As such, the Citizens' Guide would assist those using it in better understanding and participating in our City's system of government. The Commission recommends this Citizens' Guide be drafted by City staff and made generally available to members of the public at the City Clerk's Office and on the City's Website. Conclusion. The Commission has appreciated and thoroughly enjoyed this opportunity to review the Iowa City City Charter and it is pleased to present its recommendations to the City Council for consideration and action. While there was not unanimity on every issue, the reconunendations as a whole come to the City Council upon the unanimous vote of the Commission. Pursuant to Section 8.02 of the Charter, the City Council may either adopt the Commission's recommended amendments by ordinance or may put them on the ballot for consideration by the voters of Iowa City. It is not the Commission's charge to recommend which of these options should be utilized. Instead, the decision on how to proceed is left in the hands of the City Council. Respectfully submitted this day of January, 2005. IOWA CITY CHARTER REVIEW COMMISSION I William F. Sueppel, Chairperson 7