HomeMy WebLinkAboutPublic Input 01/13/20051' 1I
Sign in Sheet
CITY CHARTER REVIEW COMMISSION
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NON RED -LINED VERSION
January 10, 2005
PREAMBLE
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."
DEFT ITIONS` r<
As used in this Charter:
1. "City" means the City of Iowa City, Iowa.
2. "City Council" or "Council' means the governing body of the City.
3. "Councilmember" means a member of the Council, including the Mayor.
4. "Shall' imposes a duty.
5. "Must' states a requirement.
6. "May" confers a power.
7. 'Eligible elector" means a person eligible to register to vote in Iowa City.
8. "Qualified elector" means a resident of Iowa City who is registered to vote in Iowa
City.
9. "Board" includes a Board, Commission, Committee or other similar entity
however designated.
10. "Person" means an individual, firm, partnership, corporation, company,
association, political party, committee or any other legal entity.
11. "Ordinance," except as provided : ArtieleAIl, 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
Janaary 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-dorr eil ary a i 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 terms of four years, and other Councilmembers
are to serve for terms of two years. Commencing at the next regular City election, and at
all subsequent regular City elections, all Councilmembers elected to fill the positions of
those whose terms expire shall be elected for terms of four years.
Section 2.05. Compensation.
The Council, by ordinance, shall prescribe the compensation of the Mayor and the other
Council members;_ and4The 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 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.
NAN 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 an affirmative vote of a
majority vote of all the members of the Council the- Ceuneilmetnbers- except as
otherwise provided by State law.
R The Con n m4 tttern ;thout ., etit: r(j •or vrri�j1�Y'[G
,cr�vrxrt` roctruP'�miAH?t-p
repeal, nenihaent ,. et.. .. e.t of any t,. 1. voted upon at ai y sueeeeding
general, regular or special Cit., election, and if the 1)rol)os;t'on ...d...,ftte.i . eives -a
r'�of the t one 1 t' A,. _- -___- shall-be-repealed-
r'vtc�- eaen -v �°- tie-s.°ition�a� ,
amended or eiiaeted e ,froggy
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 annointment of the chief of the police deuartment and chief
of the fire denartment. which are subiect to ammroval of the Citv Council. Nneither
the Council nor its members may dictate, in any manner, the appointment or removal
of any person appointed by the City Manager. However, the Council may express its
views to the City Manager pertaining to the appointment or removal of such
employee.
C. A Councilmember may not interfere with the supervision or direction of any person
appointed by or under the control of the City Manager.
Section 3.01. Nomination.
A. An eligible elector of a council district may become a candidate for a council district
seat by filing with the City Clerk a valid petition requesting that his or her name be
placed on the ballot for that office. The petition must be filed not more than sixty-
five (65) days nor less than forty (40) days before the date of the election and must
be signed by eligible electors from the candidate's district equal in number to at least
two (2) percent of those who voted to fill the same office at the last regular city
election, but not less than the ten (10) persons.
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 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.
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 inManager.
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 inManager.
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
inchtdinp their suspension or discharge as the occasion requires. Such supervision
shall not be subject to approval of the City Council.
(5)Appoint or employ persons to occupy positions for which no other method of
appointment is provided by State law or this Charter.
(46) Supervise the administration of the City personnel system, including the
determination of the compensation of all City employees appointed by the City
Manager subject to State law or this Charter.
(37) Supervise the performance of all contracts for work to be done for the City,
make supervise all purchases of materials and supplies, and assure that such
materials and supplies are received and are of specified quality and character.
(68) Supervise and manage all public improvements, works and undertakings of the
City, and all City -owned property including buildings, plants, systems, and
enterprises, and to have charge of their construction, improvement, repair and
maintenance except where otherwise provided by State law.
(79) Supervise the making and preservation of all surveys, maps, plans, drawings,
specifications and estimates for the City.
(810) Provide for the issuance and revocation of licenses and permits authorized
by State law or City ordinance and cause a record thereof to be maintained.
(911) Prepare and submit to the Council the annual budgets in the form
prescribed by State law.
(1012) Provide the Council monthly an itemized written monthly financial report.
(1-113) Attend Council meetings and keep the Council fully advised of the
financial and other conditions of the City and its needs.
(124 4) 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.
(1-315) Provide necessary and reasonable clerical, research and professional
assistance to Boards within limitations of the budget.
(1416) 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, dirties, 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 conditions urocedures for the
removal of members for just cause, 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 Hurst 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 shall specify, for each Board, methods for informal and formal
communication with Council, time schedules for the completion of reports requested
by Council and such rules as it deems appropriate.
C. A Board may establish additional rules and procedures that are consistent with State
law, Council rules, and this Charter.
Section 6.01. Limitations on the amount of campaign contributions.
The Council, by ordinance, shall prescribe limitations on the amount of campaign
contributions made to a candidate for election to Council by a person as defined in this
Charter. (Ord. No. 95- 3671, § 1, 3- 28 -95)
Section 6.02. Disclosure of contributions and expenditures.
The Council, by ordinance, may prescribe procedures requiringiately-befere and
after each gulaf eeial off election, the disclosure of the amount,
source and kind of contributions received and expenditures made by (1) each candidate
for election to Council and (2) any and all other persons, for the purpose of aiding or
securing the candidate's nomination or election. (Ord. No. 85 -3228, § 1, 3- 12 -85)
Section 6.03. Definition.
Within this article an-ecpe; ditz rear- "contribution" aegis not mean ° tim
denated -to -aidpromote a ca rdiai orninatierrer- election shall be defined as that
term is defined in Chanter 56 ( "Camnaien Finance") of the Code of Iowa.
Section 6.04. Violations.
The Council, by ordinance, shall prescribe; (1) penalties for the violation of the
contribution limitations and disclosure requirements it establishes pursuant to this
section; and (2) when appropriate, conditions for the revocation of a candidate's right to
serve on Council if elected, consistent with State law. (Ord. No. 85 -3227, § 2(2), 3 -12-
85)
Section 7.01. General provisions.
A. Authority.
(I)Initiative. The qualified electors have the right to propose erdinanees- measuresto
NON RED -LINED VERSION
January 10, 2005
the Council and, if the Council fails to adopt au- erdinanee a measure so proposed
without any change in substance, to have the ordinance measure submitted to the
voters at an election.
(2)Referendum. The qualified electors have the right to require reconsideration by
the Council of an existing erdinanee 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, "erdinanee 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.
(I)Subject matter. The right of initiative and referendum shall not extend to any of
the following:
(ajAny measure of an executive or administrative nature.
b(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(f)The letting of contracts.
(g)-Salaries of City employees.
(IUAny measure required to be enacted by State or federal law.
(ijAmendments to this Charter.
aAmendments affecting the City Zoning Ordinance or the land use maps of the
Comprehensive Plan, including the district plan maps. except those affe .
I ,., i ,r an ,.,
(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 erdinatrce measure proposed by
initiative petition and adopted by the vote of the Council without submission to the
voters, or adopted by the voters pursuant to this article, may for two years thereafter
be repealed or amended except by a vote of the people, unless provision is otherwise
made in the original initiative ordinance measure. No erdinunee measure referred by
referendum petition and repealed by the vote of the Council without submission to
the voters, or repealed by the voters pursuant to this article, may be reenacted for two
years thereafter except by vote of the people, unless provision is otherwise made in
the original referendum petition.
C. Construction.
(I)Scope of power. It is intended that this article confer broad initiative and
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January 10, 2005
referendum powers upon the qualified voters electors of the City.
(2)Initiative. It is intended that (a) no initiative petition will be invalid because it
repeals an existing ordinance measure in whole or in part by virtue of proposing a
new ordinance measure and (b) an initiative petition may amend an existing
erd4ianee measure.
(3)Referendum. It is intended that a referendum petition may repeal ari-ofdmance 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 ordim a ce measure under consideration. and -sSuch
ordinime 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 ordinate a measure vote to repeal or amend the ordinate 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 ordmanee 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
frill the proposed initiative ordinate measure or citing the ordinate 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
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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 any other inf rination required by City Council. The form shall also
provide space for the signer's birthdate, but a failure to enter a birthdate shall not
invalidate a signer's signature. Petitions prepared for circulation must contain or have
attached thereto throughout their circulation the full text of the ordin=ance measure
proposed or sought to be reconsidered. The petition filed with the City Clerk need
have attached to it only one copy of the of dinanee 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 ord inane -e
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 o4iiane-e 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 00erk; 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
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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 -,or if an
amended petition has been certified insufficient by the City Clerk, one or more of the
petitioners may, within two days after receiving a copy of such certificate, file with
the City Clerk a request that it be reviewed by the Council. The Council shall review
the certificate at its next meeting following the filing of such a request, but not later
than thirty days after the filing of the request for review, and shall rule upon the
sufficiency of the petition.
C. Court review,;— new- petitier Each qualified el *or-has ° fight o judicial r �
Council's determination as to the sufficiency of a „eta,.,, 11roceetl
reviei;- ii�e egtdi a rd- must -be _`tled in the State Disirie o
Hit -9r
1,.1,.,,..,.E count),. The right tojudicial review eanditiat ed-Hpan the timely filing -e f
ia- requestm-- for Council tinder Section . 4-B—, and -the filing of the tiAfYf6r
OAtrrt -r' ,,.e,,.
tirw it , try days after dieiterlini,�8i, by Council as to
t,e .0 eieney
of the perit:.v, nn ra 2iArHliaAr- 9�iisfEieiC• , :c, stained , ,AicARrrz2i iv
y
shall nE)t pre; dice the filing ,.r,. ,.,.... ,.etitie„ thr- the ......,e .., rpos�— 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 erdinanee
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January 10, 2005
measure or reconsider the referred erdinanee measure. If the Council fails to adopt a
proposed initiative ounce 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 ordinance measure within thirty days after the date the petition was finally
determined sufficient, it shall submit the proposed or referred eidinanee measure to
the qualified electors of the city as hereinafter prescribed. The Ceuneil- shall- subn»t
to -tfie vottn$ airy ordinance wlrish Itas lieefrpuepeseckorref�r 'h
the provisions or vrhisArticle unless the petition is deemed ms., ffcient- pursuant to
Section ; .04.. _If at any time more than thirty days before a scheduled initiative or
referendum election the Council adopts the proposed initiative ordiiumce measure or
adopts an ,,,wee a measure which is similar in substance or if the Council repeals
a referred ordinance measure, the initiative or referendums proceedings shall
terminate and the proposed or referred ordinance measure shall not be submitted to
the voters.
B. B- Submission to voters.
(1)Initiative. The vote of the City on a proposed of •r marred erdinance measure shall
be held at the regular city election or at the general election which next occurs
more than forty days after the expiration of the appropriate sixty or thirty day
period provided for consideration or- reconsideratia:; in Section 7.05A, provided
that the initiative petition was filed no less than 110 days prior to the deadline
unposed 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
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., -bow�v °~,tee
Council may provide for a special referendum election on a referred ordinane
an), time after the expir-atieR ef the thifty day pefied pre�,,ided for- veeensideration,
S,rACCRVr. - 7:05rc.
C. Ballot. Copies of the proposed or referred ordinance measure shall be made
available to the qualified electors at the polls and shall be advertised at the city's
expense in the maumer required for "questions" in Section 376.5 of the Iowa Code.
The subject matter and purpose of the referred or proposed ordinance measure shall
be indicated on the ballot. (Ord. No. 77- 2858, § 2, 9- 16 -77; Ord. No. 85 -3227, §
2(2), 3- 12 -85)
Section 7.06. Results of election.
A. Initiative. If a majority of the qualified electors voting on a proposed initiative
ordinance measure vote in its favor, it shall be considered adopted upon certification
of the election results. And The adopted measure shall be treated in all respects in the
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January 10, 2005
same manner as ordinance measures of the same kind adopted by the Council,
except as provided in Section 7.0113(3). If conflicting ordinances 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 erdiaance
measure vote against it in favor of repealing the measure, it shall be considered
repealed upon certification of the election results.
Section 7.07. Prohibition on establishment of stricter conditions or
requirements.
The Council may not set, except by Charter amendment, conditions or requirements
affecting initiative and referendum which are higher or more stringent than those imposed
by this Charter.
Section 8.01. Charter amendments.
This Charter may be amended only by one of the following methods:
A. The Council, by resolution, may submit a proposed amendment to the voters at a
sl 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-- e4igible electors of the City
equal in number to ten percent .,P fhe persons who voted at the last ,.
preceding e„ nIar
b
City election - valid under the provisions of section 362.4 of the Code of Iowa is filed
with the council, the Council must submit the amending ordinance to the voters at a
special Ccity election, and the amendment does not become effective until approved
by a majority of those voting.
C. If a petition signed by eligible electors of the City e l in number te. p ent of
the perserrsjvhe eted at tbe4as pre °e a: regular City election valid under the
provisions of section 362.4 of the Code of Iowa is filed with the Council proposing
an amendment to the Charter, the Council must submit the proposed amendment to
the voters at a special 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
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January 10, 2005
ursuant to Section 8.0113 of the Charter 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. The
Commission �y a so tieotrrmend' " at if � eretse tts p r . dment
„tee.,
pursuant toy tion 4 01B ftl Charter matter .,evv�t o.ox�o vi cv�o ot�arccr- vrr- to�xrzisrcreccv "m"m"e- ndetile Go On-.
(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,
7.04D
1 The home rule Charter of the City, adopted by the voters of the City on November 15,
1973, and by Ordinance 76 -2792 on January 2, 1976, pursuant to I.C.A. section 372.9, is
set out herein as adopted and amended.
ij
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January 10, 2005
-_.
PREAMBLE
The Citizens of Iowa City, Iowa, by virtue of the enactment of this Chatter, 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 govermtent 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 fi-om
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."
DEFINITIONS
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, Cotmnittee 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)
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January 10, 2005
Section 1.01. Powers of the city.
The City has all powers possible raider 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 Courcilmembers, 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 tinder this Charter, all seven Councilmembers are to be elected; the
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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 terms of four years, and other Councilmembers
are to serve for terns 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 teens 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 tem for a term of two years.
B. The Mayor is a voting member of the Council, the official representative of the City,
presiding officer of the Council and its policy spokesperson. The Mayor shall present
to the City no later than February 28 an annual State of the City message.
C. The Mayor pro tem shall act as Mayor during the absence of the Mayor. (Ord. No.
85 -3227, § 2(2), 3- 12 -85; Ord. No. 95 -3671, § 1, 3- 28 -95)
Section 2.07. General powers and duties.
All powers of the City are vested in the Council, except as otherwise provided by State
law or this Charter. (Ord. No. 85 -3227, § 2(2), 3- 12 -85)
Section 2.08. Appointments.
A. The Council shall appoint the City Manager.
B. The Council shall appoint the City Clerk.
C. The Council shall appoint the City Attorney.
D. The Council shall appoint all members of the City's Boards, except as otherwise
provided by State law.
E. The Council shall fix the amount of compensation, if any, of persons it appoints and
shall provide for the method of compensation of other City employees. All
appointments and promotions of City employees by City Council and City Manager
nest 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
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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 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, 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.
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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. hi 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 perforur 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
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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 he 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 amoral 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 dirties as the Council may direct.
B. The City Manager, in performing the foregoing duties, may:
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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 duties of the City
Manager.
(2)Cause the examination and investigation of the affairs of any department or the
conduct of any employee tinder 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 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 riles 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.
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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 tern 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)
Section 7.01. General provisions.
A. Authority.
(1)Initiative. 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)Definitiou. 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,
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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.
(I )Subject matter. The right of initiative and referendum shall not extend to any of
the following:
(a) Any measure of an executive or administrative nature.
(b) The City budget.
(c) The appropriation of money.
(d) The levy of taxes or special assessments.
(e) The issuance of General Obligation and Revenue Bonds.
(f) The letting of contracts.
(g) Salaries of City employees.
(h) 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.
(I)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 Rill 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
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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 part 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. Commencement. One or more qualified electors, hereinafter referred to as the
"petitioners," may commence initiative or referendum proceedings by filing with the
City Clerk an affidavit stating they will supervise the circulation of the petition and
will be responsible for filing it in proper form, stating their names and addresses and
specifying the address to which all relevant notices are to be sent, and setting out in
full the proposed initiative 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 birthdate, but a failure to enter a
birthdate shall not invalidate a signer's signature. Petitions prepared for circulation
must contain or have attached thereto throughout their circulation the frill 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
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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
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 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
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petition has been certified insufficient by the City Clerk, one or more of the
petitioners may, within two days after receiving a copy of such certificate, file with
the City Clerk a request that it be reviewed by the Council. The Council shall review
the certificate at its next meeting following the filing of such a request, but not later
than thirty days after the filing of the request for review, and shall rule upon the
sufficiency of the petition.
C. Court review. 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
Coumnissioner 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
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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 tinder 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
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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 Charter 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 Charter:
Ordinance
Number
Date
Section
Disposition
77 -2826
3 -15 -77
II
6.01
77 -2858
9 -06 -77
2
7.0513
77 -2864
9 -06 -77
2
3.01
85 -3227
3 -12 -85
2(1)
Definitions 7,8
2(2)
2.01, 2.03,
2.05 -2.08
3.01 -3.03
4.04, 5.02,
6.04,7.01-
7.05, 8.01, 8.02
85 -3228
3 -12 -85
1
6.02
85 -3273
12 -17 -85
2
2.01
90 -3462
6 -26 -90
1
7.03A
2
7.04A
95 -3671
3 -28 -95
1
2.06B,2.08C,E,
3.01A, 6.01,
7.04D
1 The home rule Charter of the City, adopted by the voters of the City on November 15,
1973, and by Ordinance 76 -2792 on January 2, 1976, pursuant to I.C.A. section 372.9, is
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January 10, 2005
set out herein as adopted and amended.
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