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HomeMy WebLinkAbout2024-04-25 Charter Review Commission "aie�� 'ot City of CHARTER REVIEW COMMISSION Thursday, April 25, 2024 5:30 PM Emma J. Harvat Hall, City Hall 410 East Washington Street 1. Call to Order and Roll Call 2. Adopt Draft Minutes as Presented or Amended Draft minutes for 04/09/2024 3. Motion to Accept correspondence 4. Review of City Charter: Preamble, Definitions, Article 1. Powers of the City 5. Tentative Meeting Schedule—2nd Tuesday and 411 Thursday @5:30pm • Tuesday, May 14 • Thursday, May 23 • Tuesday, June 11 • Thursday, June 27 6. Community Comment Charter Review Commissioners cannot engage in discussion or debate in accordance with open meeting laws. Individuals will be provided 3 minutes to speak. The Community Comment period will last no more than 15 minutes. The Chair reserves the right to reduce the 3-minute period based on the number of individuals desiring to speak. Additional comments can be sent to the Charter Review Commission via ICCharter@iowa- city.org . 7. Adjournment If you will need disability-related accommodations to participate in this programlevent please contact Kellie Grace at 319-356-5041, kgrace@iowa-city.org. Early requests are strongly encouraged to allow sufficient time to meet your access needs. MINUTES DRAFT CHARTER REVIEW COMMISSION APRIL 9, 2024— 5:30 P.M. EMMA J. HARVAT HALL, CITY HALL Members Present: John Balmer, Susan Craig, John Death, Gerene Denning, Mackenzie DeRoo, Matt Hayek, Molly Kucera, Bijou Maliabo, Jennifer Patel Staff Present: City Attorney Goers, Deputy Clerk Platz (Videos of the meetings are available at citychannel4.com typically within 48 hours) RECOMMENDATIONS TO COUNCIL: (to become effective only after separate Council action): None 1. CALL TO ORDER AND ROLL CALL: Chair Balmer called the meeting to order and welcomed everyone. 2. MOTION TO ADOPT DRAFT MINUTES AS PRESENTED OR AMENDED Balmer thanked the City Clerk's office for the thoroughness of the minutes. Patel moved to approve the April 1, 2024, draft minutes as presented, seconded by Kuchera. Motion carried 9-0. 3. MOTION TO ACCEPT CORRESPONDENCE Balmer suggested a process of accepting correspondence where the commission would accept correspondence at the meetings as it is received and review the correspondence as it correlates to the section of the Charter being reviewed. Motion by Death to accept correspondence, seconded by DeRoo. Commissioner Hayek asked if there was a way to streamline the process for receiving correspondence. City Attorney Goers explained that typically correspondence would be received in connection with an item on the agenda similar to City Council, noting that all correspondence received by the commission will be directly related to the City Charter. Goers and Grace thought it would be best to accept as it comes in as there could be some confusion having staff go backwards to match up the correspondence to the Article of the Charter being discussed. Goers stated an email for the Commission had been established and the process to disseminate to the Commission was still being worked through. Motion carried 9-0. 4. DISCUSS PROCESS FOR THE REVIEW OF THE CITY CHARTER Balmer proposed a process of review starting with a full review of the Charter to benefit the Commission and the public. During the review the Commission will make note of items deemed as important or needing further review along with items that the Commission has received correspondence on will be noted for further discussion at a later date. Along with the distribution and dissemination of meeting information to the public, the Commission would like to encourage public input and how to communicate with the Commission. Balmer suggested having a public comment period for 15 minutes at the end Charter Review Commission April 9,2024 Page 2 of each meeting the allow for public input. Goers provided additional information on open meetings laws and why the Commission cannot have a discussion with the person giving public comment when proper notice has not been given. Commissioners also discussed holding public hearings at a later date prior to approving any recommended changes. Vice Chair Kucera noted that allowing public comment at the end of the meeting allows the Commission to reflect on the comments and process the information. The commission agreed with proposed review process and meeting structure. 5. INITIAL REVIEW OF CITY CHARTER: Balmer introduced discussion and laid process for the initial review. Kucera noted the Model City Charter included in the April gch agenda packet and recommended using it as a reference tool with tips and legal verbiage to help with the review of the City Charter. Commissioners provided individual comments on ways to use the model during the review process. Preamble: Commissioner Craig asked for the history on inclusion of the language for#2. "The provision of service relating to the health, safety, and welfare of its residents in a fair, equitable and efficient manner, " noting that it felt limiting to single out health , safety, and welfare. Attorney Goers stated the language mirrors that state statue regarding what cities are entitled to do. Commissioner Denning recommended using some of the Model Charter's language and add to preamble. Balmer stated that Denning could provide recommended language to the Commission to review. Kucera also agreed that the verbiage in the example the Model Charter uses is solid and quoted the following: "By this action, we secure the benefits of home rule and affirm the values of representative democracy, professional management, strong political leadership, public engagement, diversity and inclusiveness and regional cooperation." Denning agreed with Kucera and noted that it could be an addition to what is already in the Preamble, in addition Denning suggested adding the following phrase: "a responsibility for environmental stewardship." Definitions: Commissioner Deeth noted there were several references to qualified electors and the distinction between qualified and eligible has faded since the election law took effect in 2008 and suggested cleaning up where qualified is used. Commissioners discussed adjustments or removal of the language. Kucera noted the commission will review these references as the review process moves forward. Article I. Powers of the City: Denning asked for clarification on Section 1.03 Savings Clause. Goers stated that if any part of the Charter is challenged the entire Charter would not be removed, only the part being challenged would be severed off and the rest would remain in effect. Hayek asks Goers if he was aware of any changes in State Code or potential changes that could require the Commission to make changes to the City Charter. Goers noted there were a few items that have come up that may not be required but the Commission should consider and will bring to the next meeting. Denning mentioned there was language that could enhance Section 1.01 Powers Of The City and make it stronger. Article II. City Council: Balmer noted this would be a section that would need further discussion and gave a brief history on the introduction of districts in Iowa City and the changes made from a five person Charter Review Commission April 9,2024 Page 3 At-Large council to a seven member, four At-Large and three district member council. Balmer noted it was hybrid and a compromise at the time 50 years ago when it was created. Deeth advised the current primary process is challenging to explain to the public. Commissioner DeRoo asked for background history on the three districts and how they're evaluated. Goers stated districts have been modified to include annexed areas, there is also a provision that states district must be as close as possible to being equal in population after each Census . Deeth gave additional information about district exceptions at the Auditor's Office and the reprecincting process. Commissioner Patel had questions on annexing and if that is regulated by City Charter. Goers advised state law regulates annexation but that the Commission could add language to the Charter that speaks to annexation as long as it doesn't counter state law. Deeth provided examples of districting issues with some districting law. Goers also provided additional information on the known issues Owl Song Lane. Denning referenced the Model Charters terms and districts noting Iowa City is very similar except for how the district representatives are elected questioning if the City should go from a Primary election to Rank Choice voting process. Commissioners discussed Rank Choice voting and current proposed legislation. DeRoo added that there will be interest in direct election of the Mayor, and the previous Charter Review Commission had extensive discussion regarding compensation so that lower socioeconomic classes could participate in local government but not so high that people would pursue it as a full time occupation and how that could be adjusted. Craig mentioned thoughts on increasing the number of council members to increase representation may come up as an issue. Kucera stated that the Commission should spend time looking at the ideas in the model documents so that when they review in detail so they are ready and prepared for those discussions and can ask the City Attorney any questions and move forward with that agenda item. Craig noted in Section 2.12 there is no mention of the Library Director and Airport Manager and differences of function and oversite by their Boards and though it should be noted in B and C. Hayek noted reviewing inconsistencies or if there is any confusion in the last sentence of 2.12(B) and all of 2.12(C) in terms of"expressing views" and "interfering". III. Nominations: Balmer noted this may come up in the discussion of districts. Deeth mentioned the timing and scheduling of primary elections and general elections. Commissioners discussed elections, special elections and city/school elections and the differences. IV. City Manager. Kucera asked Goers if he had any feedback to give to the commission on this item. Goers advised that the Commissioners will lead this process, but he will help facilitate and provide feedback as needed. Craig also noted that the Airport and Library should be addressed in Section 4.04(A)(5) also. Craig asked if the state law prohibits, the City Manager from doing anything. Goers stated that Commissioners can include items in the Charter as long as it doesn't interfere with State or Federal law. Charter Review Commission April 9,2024 Page 4 V. Board Commission and Committees Commissioners had questions and discussed gender balance and the State Code change effective July 1, 2024. Goers provided additional information noting that gender balance may be considered but not required. VI. Campaign Contributions and Expenses Deeth noted the if there was a violation that would have changed the limit from $50 to $100. Goers noted he was familiar of the change. Commissioners discussed the maximum contribution limits and changes along with the state laws on funding and spending. Denning mentioned discussions about adding sections to specify how the funds can be used. VII. Initiative and Referendum Deeth brought up issues with past verbiage on referendums regarding confusion for a simple yes/no vote, and the inability of election poll workers to provide any direction or answer questions for confused voters. Goers provided information and advised the language is drafted sustainably the same as the petition. Deeth pointed out Section 7.01(B)(j) and asked if that was added in the 90's and referenced the Walmart rezoning. Goers advised Planning and Zoning matters are regulated by the state and carving out a separate process through an initiative would violate state law. Death also noted Section 7.05(A) stating there my be issues with the 30 day deadline before a scheduled election for the Council to take action to approve something if the elections are being combined on even years. Hayek stated it would be helpful to know if there have been any changes in state or federal law that impact the deadlines and processes in the City Charter. Goers asked for clarification as to when the Commission would like information distributed such as at the next meeting after the request is made or as those sections come up for discussion. After Commission discussion, Goers will provide information in the meeting packet of the scheduled meeting that has the item on for discussion. VIII. Charter Amendments and Review Balmer asked for clarification on Section 8.01(A)and the use of"special" city election. Death explained the difference between even and odd year elections according to the Auditor's office. Goers noted that special implies that it is not at the general election. Commissioners had further discussions about "Special City Elections' vs. "General" "Special" and "City/School elections". The Commission asked Goers to look into it. 6. TENTATIVE MEETING SCHEDULE Commission discussed topics to discuss at the April 25th meeting and agreed to discuss the Preamble and Article I. DeRoo and Craig will be unable to attend April 2511 meeting. Goers stated they are welcome to submit comments similar to the public. The Commission discussed strategy to keep the review process moving, how to promote public participation and engage the media. Balmer mentioned getting good media coverage to help explain what the board is doing with the ten-year review. DeRoo mentioned seeking partnership with non-profits that could help spread the word, for example League Of Women Voters, etc. Craig noted that City Council could make announcements at their meetings. Denning mentioned reaching trusted partners in different communities, especially non-English speaking communities. Commissioner Maliabo provided some insight to the best way to reach the immigrant population via social media. Charter Review Commission April 9,2024 Page 5 Balmer noted that even though the Commission is seeking comments from community members and elected officials, they are tasked with giving the City Charter an independent review and to keep an open mind. Commission also discussed May meeting schedule currently set for May 14th and May 23rd. Denning advised that she will be unable to attend the meetings in May. The Commission will discuss the summer schedule at the April 25111 meeting. 7. ADJOURNMENT: Patel moved to adjourn the meeting at 6:44 P.M., seconded by Maliabo. Motion carried 9-0. v N CI N C � O •y O yU E � Ow OZ Z m � ani W � F is .0 U 04/09/24 x x x x x x x x x 04/01/24 x x x x x x x x x d N N N N N N N N N Lu xW O O N � L E m O X a'9 o R W E LU m rn s Z p mRR � c (D E m o� m I aS C N C d Y = 7+ 3 d Q ISI Z Z 0 O 0 d R N 0 d O II II LLl 11 0 < IL 0) YexOOZ I Agenda Item #3 From: Andrew Dunn To: `1C Charter Review Commissm;Eric Goers; Kellie Grace Ce: molly kucera;Jennifer Patel:John Balmer,John Deeth;Mackenzie DeRoo:Gerene Denning;Matthew J.Havek; bjioutlor9Cdumall[om;Susan Craig Subject: Councilor Feedback on the Iowa City Charter Date: Tuesday,April 9,2024 10:27:01 AM Commissioners, Thank you all for your commitment to our community and your willingness to serve on this incredibly important commission. I write you today at the request of Vice Chair Molly Kucera. My comments today should not be interpreted as direction from or the opinion of the Iowa City Council or the City of Iowa City. In no way do I wish to unduly direct your work as an independent commission in service of the people of Iowa City, not the Iowa City Council. I believe our community would benefit immensely if several amendments to the charter are implemented. These opinions have formed through experience serving on Council over the last two years and by various other experiences I've had at all levels of government. Of these informal "reccomendations for amendment"there are three that I consider the highest priority, and two that I believe deserve consideration, deliberation, and potential implementation if you see it fit. Priority 1: City Council Districts and Elections Confusion has long been a staple of Iowa City's local elections. The Iowa City Council has two types of councilors, all elected to four-year terms. First, we have four at-large councilors that the entire city elects. Our four at-large councilors have no restrictions on where they can live in the community. Second, we have three district council members who each must live in their respective districts. The average person familiar with government would reasonably believe that only district residents vote for their district council member.In Iowa City,that's not the case. District council members must be elected by the entire city, not just district voters. Every Iowa City voter gets a vote in every council race. We functionally elect every councilor at large. This system strangely results in primary elections that also deviate from expectations.One might think that if all city elections were functionally at-large, primary elections would be the same. In Iowa City, as many learned in the October 10th, 2023 District A primary election, only district residents can participate in a district primary. This level of complexity is at best, extremely confusing for voters, and at worst, a systemic barrier to change and minority representation on the City Council. According to the NAACP Legal Defense Fund, "Under [an at-large] system, the votes of voters of color often are drowned out or submerged by the votes of a majority of white voters who often do not support the candidates preferred by Black voters." Iowa City appointed our first Black mayor in 2006. According to a 2018 University of Houston report, "At-large districts were the most common form of representation in most local offices until the 1960s and the passage of the Voting Rights Act in 1965."The system doesn't just dilute the voting power of communities of color. In 2015, a study by the Martin Prosperity Institute at the University of Toronto listed Iowa City as the 14th most economically segregated community in America. Until my election in 2023 year, 34 years had passed since a renter(Karen Kubby, 1989-2000)was elected to the Iowa City City Council.As highrises keep going up, old homes get leveled, mobile home parks become investment opportunities for bloodsucking out-of-state private equity firms, and the cost of buying a home keeps rising, we deserve a city council that reflects our community's diversity to address these issues. I believe there are four potential paths forward to address these issues. All paths recommend implementation after the next two city elections to avoid Councilmembers taking into account personal interest in their decisionmaking process. Path 1: Amend the Iowa City City Charter so that district Councilmembers are directly elected by the voters of the district in which they reside. Path 2: Amend the Iowa City Charter so that district councilmembers are directly elected by the voters of the district in which they reside and abolish one of the"At-Large Councilmember"positions and replace it with a new"District D"position. The City Council would consist of 4 District Councilmembers and 3 At-Large members. Path 3: Amend the Iowa City City Charter to abolish the position of"At-Large Councilmember"and replace the seats on the council with district councilmembers,to be directly elected by the voters of their respective districts. Path 4: Amend the Iowa City City Charter to abolish the district system in its entirety and replace district council seats with at-large positions. Paths 1, 2,and 3 would lower the barrier to entry for prospective candidates by reducing the number of voters who need to be contacted during an election cycle. That means less money spent on mailers, literature, and yard signs and more time with voters face to face. Path 4, on the other hand,would only eliminate the confusion the current system causes and fails to address the structural issues the system causes today. Our community needs an election system that promotes justice, equity, and democratic representation.The current system fails to achieve this. Everybody deserves a seat at the table. These changes will create a more representative and resilient city council that we all deserve. For those reasons,I strongly support Path 2 where four Councilors would be directly elected by Districts and three would continue to represent the city At-Large. Priority 2: The Election of the Mayor of Iowa City,Appointment of Mayor Pro-Tempore Another thing that the vast majority of Iowa Citians are unaware of is the fact that the City Council, not the voters, elect the Mayor of Iowa City and Mayor Pro-Tempore. I believe that the members of our community ought to be able to elect their Mayor. If Iowa City moves to popularly elect the Mayor, council selection of the Mayor Pro-Tempore provides a reasonable check. Should these changes be made, it would be important to abolish one of the"At-Large" council positions and replace it with the position of a popularly elected mayor. I don't think any other changes to role or powers of the Mayor or Mayor Pro-Tempore would be wise. Priority 3: Ethics Code I am currently in the process of drafting an enforceable ethics code for the Iowa City Council and their appointees. I will request that once its review by the City Attorney's Office is complete and it is passed by the City Council,that any amendments necessary for its lawful implementation by considered. I will send relevant information about that legal review to Commissioners when it's available. For Consideration: Ranked Choice Voting Another potential topic for consideration is whether or not Iowa City should prepare for a future where Ranked Choice Voting(RCV) is allowed for local elections. State law likely pre- empts local governments from implementing RCV, but the Commission could propose an amendment that would trigger implementation if and when it would become lawful. For Consideration: Ex-Officio UI Student Councilmember Student participation and engagement is another issue in our community. As a consistent presence and major economic driver, addressing and understanding student issues and how they interact with those of other residents. One of our state peer cities,the City of Ames, has created an ex-officio council position for a student representative from ISU.According to the City of Ames, "The ISU Government of the Student Body appoints a student to serve as the representative of Iowa State University students. This ex-officio student City Council member does not vote,but serves as the voice of student opinion and provides insight on various topics at Council meeting.The student member typically serves for one year."Such a role would be similar to our Student City Liasons, but would afford students a voice in all non-executive council discussions. See: httosa/www.cityofames.org/living/student-information/isu-student-gx-nffcio-city- council-member I am more than happy to answer any questions that the commission may have on these proposals. Thank you again for reaching out and for serving. Sincerely, Andrew Dunn Iowa City Council District C Agenda Item #4 Suggested language changes to the Preamble Submitted by Commissioner Denning. We talked at a previous meeting about potential wording changes to this section. Here is my first attempt and additional edits are highly welcome. Suggested changes are in red underlined font. Any edits to the existing language were done for grammatical purposes only. The reasoning behind the changes is shown in bolded italics. PREAMBLE We, the people of Iowa City, Iowa, pursuant to the constitution and statutes of the state of Iowa and the principle of self-determination proclaim that the government of Iowa City belongs to all its residents and all share the responsibility for it. We hereby adopt this charter and confer upon it the full home rule powers of a charter city in order to provide for an honest and accountable council-manager government. By this action, we secure the benefits of home rule and affirm the values of representative democracy- Professional I mana ement strong golitical leadership, public engagement,diveMily and Inclusiveness and regional cooperation. Furthermore. doption of this charter recognizes the following principles: Language added to the above paragraph comes from the Model Charter Commission Report and is designed to expand upon and enrich the existing language. 1. Resident participation on an equitable and inclusive basis as mart of the process of democratic self-government. Equitable and inclusive are overlapping but distinct characteristics. The other language added is designed to indicate that resident participation is one of several aspects of the process of democratic self-government. 2. The provision of city services including but not limited to those related to the health, safety, and welfare of its residents in an equitable, inclusive, effective, efficient and ius. manner. The phrase "including but not limited to"was added to address a concern stated by one of the Commissioners, namely, that it be be made clear that the desirable characteristics listed should apply to all city services. "Inclusive"and "effective" were also added as desirable characteristics. 3. The conduct of city business in conformity with the principles and practices of due process, equal protection under the laws, and protection of individual liberties granted by the Constitution of the United States, Dy the state of Iowa, and by local ordinances. The concept "and practices"was implied by the original language but is explicitly stated in the edited version. The other language changes were made for grammatical purposes. 4. Civility and responsiveness by city employees in their interactions with the public. (Ord. 15-4621, 5-19-2015) All city employees should not just be civil but should also be responsive to the public. This does not mean in every case doing what the resident says but rather means acknowledging complaints and concerns as well as other comments and where appropriate, indicating and explaining the employee's response. 5. Fair and effective environmental stewardship that treasures the many wonders of our unique environment and recognizes that the power and duty to protect this region is inherent to its people. The language added addresses the concept of"environmental stewardship', its value and those responsible for achieving good stewardship using terms from the Model Charter Commission Report. If added, other sections of the charter may benefit from the mention of environmental stewardship as well. Agenda Item #4 Suggested changes to Article I Submitted by Commissioner Denning. Once again, here is my first attempt and additional edits are highly welcome. Suggested changes are in red underlined font. The reasoning behind the changes is shown in bolded italics. ARTICLE I. POWERS OF THE CITY Section 1.01. Powers Of The Citv. The city shall have all powers possible under the constitution and laws of this state. (Ord. 76-2792, 1-2-1976) "Shall have"replaces "has". Is this stronger language? 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. (Ord. 76-2792, 1-2-1976) 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, then the invalidity shall not affect other provisions or applications of this charter. (Ord. 76-2792, 1-2-1976) The grammar sticklers in the Word program require the addition of the word "then"; but this is actually totally optional with respect to meaning O Section 1.04. Intergovernmental Relations. The citv may Darticioate by contract or otherwise with anv governmental entitv of this state or any other state or states or the United States in the performance of any activity which one or more of such entities,has the authority to undertake. This section is taken directly from the Model Charter Commission Report and recognizes the importance of such relations to the needs of the people. We can discuss whether we agree it is needed andlor whether there is something in state law or local ordinance that precludes it.