Loading...
HomeMy WebLinkAbout4-22-2014 Charter Review CommissionC ATJ 1:11TITAPIrejtill I &S1 •► MEETING AGENDA Tuesday, April 22, 2014 7:30 AM-8:30 AM Harvat Hall, City Hall 410 East Washington Street 1. CALL TO ORDER and ROLL CALL 2. CONSIDER MOTION ADOPTING CONSENT CALENDAR AS PRESENTED OR AMENDED a. Minutes of the meeting on 04/8114 b. Correspondence 1. Rod Sullivan 2. Christine Stewart 3. REVIEW CHARTER a. Specific sections to be addressed: 1. Preamble 2. Definitions 3. Article 1 b. Commission discussion of other sections (if time allows) 4. PUBLIC DISCUSSION 5. TENTATIVE THREE MONTH MEETING SCHEDULE (2"" and fourth Tuesday of each month) May 13 May 20 June 10 June 24 July 8 July 22 6. ADJOURNMENT Charter Review Commission April 8, 2014 Page 1 MINUTES DRAFT CHARTER REVIEW COMMISSION APRIL 8, 2014 — 7:30 A.M. HELLING CONFERENCE ROOM, CITY HALL Members Present: Steve Atkins, Andy Chappell, Karrie Craig, Mark Schantz, Melvin Shaw, Anna Moyers Stone, Adam Sullivan, Dee Vanderhoef Members Absent: Karen Kubby Staff present: Eleanor Dilkes, Marian Karr None INTRODUCTIONS: Chairperson Chappell welcomed everyone and thanked them for applying to serve on the Commission. He then asked if they could go around the table and introduce themselves, and perhaps share something about themselves, as well. FUTURE MEETING SCHEDULE: Regular meeting days and times — Chappell started off the discussion with future meeting schedules. He noted that after receiving everyone's best times and days, the early morning slot seems to be the best for all. The hope is to meet every other week, on the weeks that the Council is not meeting. Meetings would be scheduled for the second and fourth Tuesday of each month, starting at 7:30 A.M. Chappell then asked if Members would turn in any long-term absences, such as vacations, to the City Clerk so that scheduled can be adjusted as needed. Members then discussed the meeting times and days, with it being noted that the early - morning meetings probably won't be best for public input. This would mean having special meetings in the evening hours. Karr asked for some clarification on the length of the regular meetings. Chappell noted that they should probably reserve the room from 7:30 A.M. to 9:00 A.M., just to have that extra time as needed. Karr stated that the meetings will typically be held in Harvat Hall, allowing them more space for others to attend. Chappell continued, noting that future meetings will have a more in-depth agenda, showing what section of the Charter will be reviewed. This will give the public more information in case they have a specific section they wish to attend. Summer Schedule — Chappell then spoke about summer schedules. Karr noted that she has received some individual schedules, but if others would like to contact her with their information, she can then come up with a summer schedule. Charter Review Commission April 8, 2014 Page 2 SELECT CHAIR PRO TEM Chappell noted that the next item is to elect a Chair Pro tem. He added that he plans to attend every meeting, but that you never know what might come up. His role is basically to keep the process moving and to keep them following the agenda each meeting. Sullivan nominated Melvin Shaw as Chair Pro tem; seconded by Schantz. Motion carried 8-0; Kubby absent. DISTRIBUTION OF MATERIALS — Karr noted that Members have received a lot of including, including three past Commission minutes from 1974-75, 1984-85, 2004-05, as well as the final reports to the City Council from each of these past Commissions. Also included for Members to review is the original Charter and the amendments to the Charter. Karr noted that Dilkes will review the current Charter and the Citizens Guide to the Charter with them shortly. Karr stated that as they move through their meetings, any other documentation or materials for reference that are needed can certainly be supplied. She added that Members will receive a packet prior to each meeting. This led to a discussion about how Members will receive these packets — whether electronically or via mail. A question was asked about the agenda, and Karr explained that the meeting packet will contain the agenda for that particular upcoming meeting, as well as any corresponding documentation. Chappell asked if anyone would have trouble receiving these electronically, especially since they will be meeting every other week. Vanderhoef noted that she would like to have a paper copy and that she will come down to City Hall and pick it up. Karr noted that she will need each Members' email address so that she can send their packet to the correct address. Chappell noted that as Members become familiar with this information and documentation, they should note that as they go through the minutes, it really does track along with the Charter quite well. He noted that there will most likely be some of the very same concerns raised as in the past, and that Members can read how issues were addressed in the past. The final reports then are good summaries of what took place during that Commission's tenure. For those who have no experience with the Charter, the Citizens Guide to the Charter can be very helpful, according to Chappell. Chappell continued, noting that staff will be present at each meeting to help them with any questions they have, and he encouraged Members to ask questions and ask for clarification as needed. GENERAL OVERVIEW OF CHARTER: At this point Dilkes gave Members a brief overview of the Charter. She noted that having a basic understanding of what "home rule" means is a good start, and she briefly explained what this means. "Home rule" gives the City the power to legislate and act in ways that it determines are in the best interests of the City and its citizens, unless the State has expressly preempted them from doing so, such as cities do not have the power to tax. This is something that is expressly prohibited by State Code. Dilkes continued, stating that issues such as election laws are also prescribed by the State, and therefore the City must follow these rules. Dilkes then spoke about the Home Rule Charter. She noted that there are a number of ways cities can organize themselves under the State Code. Iowa City uses the Home Rule Charter, giving them more latitude in setting their own form of government. She continued to explain the details of the Home Rule Charter and how it applies to Iowa City. Dilkes reviewed briefly Articles I and II, noting that II deals with the make-up of the Council. Iowa City has seven Council Members, for example. The City is divided into three Districts — A, B, and C — each with a seat, and four at - large seats on the Council. Of these seven seats, one is selected by the other Members to be the Mayor. Charter Review Commission April 8, 2014 Page 3 Dilkes continued her explanation, noting the various appointments that the City Council makes. The three employees appointed by the Council include the City Manager, the City Attorney, and the City Clerk. The Council also appoints the members of the various boards and commissions that it oversees as well. Continuing through the various Articles, Dilkes explained the inner - workings of the City government and how the various departments are set up. She noted those sections of the Home Rule Charter that are set by State Code, noting the Berent case that came out of Iowa City and went before the Supreme Court. Dilkes briefly touched on the hiring of the Police Chief and the Fire Chief and how the Charter covers this. Basically the Charter allows for the Council to set policy, and the City Manager's job is then to administer and execute this policy. Continuing through the Articles, Dilkes spoke about how the Council appoints to boards and commissions. State Code does call for certain commissions, such as the Planning and Zoning Commission, and then there are others that the Council chooses to create, such as the Parks and Recreation Commission. The Citizens Police Review Board is the only board required by the Charter, according to Dilkes. Speaking to Article VI, Dilkes noted that the Council has the authority to set campaign contribution limits. She gave Members some history behind this limit, noting that at one point it was eliminated because of a holding of the Eighth Circuit Court. When this case went to the Supreme Court, the Council set the limit at $50, which is where it is currently. Dilkes continued to speak to some of the issues with cities having the power to create initiative and referendum provisions. She explained what this allows citizens to do within their cities, such as collecting signatures on a petition and then presenting that to the Council on an issue. This then forces the Council to either enact what the petition has stated, or put the issue on a ballot for public consideration. Dilkes continued to touch on various initiative and referendum issues, giving Members examples of such. One example given was the 21- ordinance vote, which was by initiative and referendum. Dilkes then explained how when a petition is received, her office reviews it and then the City Clerk's office has to verify the signatures. If a petition falls short of the required signatures, for example, the petitioner has a second chance to gather the required number. In Article Vill, Dilkes noted that this section deals with Charter amendments and review. She covered the various ways that the Charter can be amended, such as by Council ordinance or citizen petition, and further explained how such processes take place. The final section that was reviewed dealt with the Charter Review Commission itself. Dilkes noted that the important thing to remember is that the Commission's recommendations to the City Council must either be adopted by the Council, or they must be put on the ballot. STRUCTURE: Identification of Issues — Chappell noted that this section will show what they plan to do over the next year as they meet to review the Charter. Basically they will be reviewing the Charter, line by line, in as much detail as they need, in order to complete the review. He noted that the last time they did this, they had what they called 'tentative approval' on those sections they had basically completed their review on. Public Input Process — Chappell noted that there will be public input throughout their review process. He noted that they will look at the time for such input, and that if Members hear anything about such issues to let the Commission know. He added that they can have special meetings for public input, ones where the public is allowed to state whatever they want about the Charter and there is no feedback from the Commission. Or, on the other hand, they can have more interactive -type meetings, where smaller Charter Review Commission April 8, 2014 Page 4 groups are used to discuss specific issues. Vanderhoef asked if there will be public time at each of the Commission's regular meetings. Chappell responded that they will have this on upcoming agendas. Karr noted that they will also be going live on the City's web site where they can solicit input from the public immediately. This correspondence will then be shared with Members in their meeting packets. Also noted, there is a dedicated email address: citycharter oDiowa-city.org and there will be a press release out soon on this, according to Karr. Karr then asked Members when they would like to receive their packets. She asked if a Friday distribution would work for the Tuesday morning meetings. Members agreed to this, and Karr noted that they would do some electronic testing and would also go live with the press release on this, as well. Chappell noted how each of them may have conversations with others during the day and the topic of the Charter might arise. He suggested they encourage people to share their ideas via the web site or through email, so that everyone on the Commission can hear what they have to say. Dilkes reminded Members that now that they are a formal Commission, a quorum of them cannot talk to each other or have a meeting without it being properly noticed. She explained that such conversations should take place during these meetings, that Members can talk to each other individually, but that five of them cannot be communicating simultaneously, unless it is at a public meeting that has been properly noticed. This can be carried over to electronic communication, as well, and she further explained this. It was further suggested that Members send any electronic communications through the City Clerk, so that she can distribute it to all of the Members. A question was asked about whether a Member should respond to an email that has been received by just them and not the entire Commission. Dilkes stated that the Member can choose to share this with the rest of the Members or not. Karr stated that if a Member should respond, it is best to 'cc' her so that she can copy the correspondence for the rest of the group and have it in the next packet. Members continued to discuss how to handle email correspondence. Chappell noted that basically any email related to this Commission is public record, if asked for, no matter what email address it is sent to or responded from. Chappell then spoke to public comment times, stating that typically at their meetings, they complete their work first and then ask for public comment. It was noted that they should probably have some rules on this, such as public input should be limited to five minutes, which is what the Council does. Karr stated that typically the Council has public comment closer to the beginning of their agenda, and then they move on with their agenda, and then have public comment time again at the end of the meeting, if it's needed. She added that with the Commission's short agenda, she doesn't believe they need to have public comment in there twice. Karr stated that they could post this information on the web site so that those interested in addressing the Commission are aware of this beforehand. A question was raised about this public input, whether it will be just comments received or an exchange between Members and the public. Dilkes noted that if the issue raised is not on that day's agenda, the Commission cannot engage with the public. The issue would need to be put on a future agenda, and properly noticed to the public. Members briefly discussed how they might handle such interactions with the public. In looking at the next meeting in two weeks (April 22), Chappell suggested that Members start to read through the Charter. He stated that they might want to keep a list of specific items that they want further information or discussion on. On the next agenda, Chappell stated that they would most likely have the Preamble, Definitions, and Section I to discuss. Charter Review Commission April 8, 2014 Page 5 ADJOURNMENT: Sullivan moved to adjourn the meeting at 8:35 A.M., seconded by Vanderhoef. Motion carried 8-0; Kubby absent. Charter Review Commission April 8, 2014 Page 6 Charter Review Commission ATTENDANCE RECORD 2014 TERM o a NAME EXP. w v a 4/1/15 X Steve Atkins Andy 4/1/15 X Chappell Karrie 4/1/15 X Craig Karen 4/1/15 O/ Kubby E Mark 411/15 X Schantz Melvin 411115 X Shaw Anna 4/1/15 X Moyer Stone Adam 4/1/15 X Sullivan Dee 4/1/15 X Vanderhoef X = Present O/E = Absent/Excused X/E = Present for Part of Meeting N/M = Not a Member at this time 0 = Absent Marian Karr M(6) From: Marian Karr Sent: Tuesday, February 25, 2014 10:28 AM To: 'Rod Sullivan' Cc: Council Subject: RE: Charter Ideas Thank you for your email. This letter will be forwarded to the Charter Review Commission for consideration during their review. Marian K. Karr, MMC City Clerk -----Original Message ----- From: Rod Sullivan [mailto:rodsullivan@mchsi.comj Sent: Tuesday, February 18, 2014 8:32 PM To: Council Subject: Charter Ideas This correspondence will become a public record. Dear Council: I applied to serve on the Iowa City Charter Review Commission. Just as I suspected, I was not selected to serve. I will admit, I was surprised that I was one of only 8 of the 26 applicants that received ZERO votesl In all sincerity, I think I had a lot to offer this Commission. I'm a 30 year resident. I spend more time Sin the weeds of the structure and function of local governments than almost anyone I know. I live this stuff. Despite not getting the Commission nod, I still have several changes I'd like to see. Here are a few of the major items: 1. Iowa City should maintain the size of the Council at seven. Maintain a balance between At -Large councilors and councilors representing Wards. (There should be either three or four Wards; no more, no less.) A directly elected Mayor shall serve in one of the At - Large seats, Rationale: A Council smaller than seven lacks representation; larger becomes unwieldy. A mix of At -Large and Ward representation balances geographic diversity with the ability to elect the best people regardless of where they live. While the Mayor holds no particular power relative to other councilors, she/he Is the face of the city, and should be chosen by the people. 2.Only Ward residents get to vote for candidates running to represent those Wards. Rationale: Voting In Iowa City has always been too confusing. 3. Eliminate the Council Primary; instead, institute instant run off voting (IRV). Rationale: How many times have we seen a non -serious candidate gather enough signatures, thus forcing an expensive primary? In addition, with IRV voters could exercise both their heads and their hearts while voting. Often two similar candidates split the vote, handing the election to a candidate that most voters wanted to finish last. IRV allows your vote to be recorded in exactly such a way. 4. Put all city offices on the general election ballots with governor and president. Stagger it so that the Mayor, an At - Large seat, and 2 Ward seats are elected in Presidential years. Then elect 2 At -Large seats and a Ward seat each Gubernatorial year. Rationale: Turnout in municipal elections is AWFUL. Turnout in Statewide elections is much better. If we want people to vote, this is the way. It would also decrease costs. 5. The Iowa City definition of "qualified" electors flies in the face of Iowa's Election Day voter registration law. This must be changed to include all eligible voters. Rationale: I believe this is illegal, and should be challenged in court by the ACLU. It would be easier and nicer if Iowa City simply fixed it. 6. Allow for citizens to petition for elections in which they could hold votes of no confidence in the City Manager, City Attorney and Chief of Police. Rationale: These positions have a tremendous impact on our civil rights, yet we have virtually zero say in their employment. Right now, to fire a Police Chief, you would need to elect 4 councilors who would vote to fire the City Manager unless he decides to fire the Police Chief. It ain't gonna happen. So why not allow the public to weigh in? Even if the results were non -binding, the public should be able to speak out. 7. Petitions should be able to address issues of state and federal law. Rationale: There is no compelling reason NOT to allow the public to speak its' mind. Requirements are already high (25% of the turnout of the last election, or 2,500 minimum). If enough eligible electors sign a petition, their issue should be heard. Iowa City may not be able to do much about the issue, but at least the City has not muted the voices of its' citizens. 8. Increase Council pay to at least $25,000 per year. Rationale: Under the current system, only two groups of people can really afford to serve and serve well - wealthy folks and/or retired folks. By paying better, we could attract a more diverse set of candidates. This would also allow some workers to go part time and focus more energy on Council business. Councilors who really objected to that level of compensation could always donate the pay to the library, parks, or another worthy cause. Those are my thoughts for Iowa City. Sincerely, Rod Sullivan 2326 E. Court St. Iowa City, IA 52245 319-354-7199 03.2544 From: Marian Karr Sent: Friday, March 14, 2014 4:44 PM To: Council Subject: Direct Election of Mayor on Ballot? From: Marian Karr Sent: Friday, March 14, 2014 4:44 PM To: 'stewartchristine06O@gmaii.com' CC: Council Subject: Direct Election of Mayor on Ballot? Thank you for your email. The City Attorney and myself will staff the Commission which will begin meeting in April. All meeting agendas and materials will be posted on the City website, and you may subscribe under E-Subscriptions on the City site: http://www.iowa-city.org/icgov/apps/subscribe/ Within the next few weeks the site will include the Charter, the Citizens Guide to the Charter, past minutes of previous Commissions, as well as the names of the past members. Agenda and meeting packets for all future meetings will be located on the site. You will note that Article Vill of the Charter addresses how the charter can be amended Marian K. Karr, MMC City Clerk From: Christine Stewart[maiito:stewartchristine06o@gmaii.com] Sent: Tuesday, March 11, 2014 2:17 PM To: Council Subject: Direct Election of Mayor on Ballot? Dear Iowa City Council: Back in my student days, I learned that Iowa City and Sioux City are the only cities in Iowa that do not allow its citizens to directly elect their mayor. I did a little research just the other day and was surprised to learn this is no longer true. Sioux City voted In 2006 to have the citizens directly elect their mayor. So it appears now Iowa City stands alone in the state of Iowa in not allowing direct election of the Mayor. Could someone on your staff tell me why the City Council cannot do the same thing here? Waiting for a decade for a charter review process seems less democratic than just letting the people vote on the mayor election issue. The appointment by the current Council of several unelected Charter Review members (past councilors, retired City Manager) that perhaps have a direct interest in maintaining the status quo does not guarantee the mayoral election issue will be even dealt with in whatever new charter draft they come up with. And I assume the citizens do not vote to approve the new Charter after the committee finishes its work, that it is instead approved by the Council that appointed the members? With this system of self -perpetuation, perhaps it is no surprise that the Mayor election issue and other representation issues were not dealt with in all these intervening decades. I am sure I do not understand it completely, but this entire Charter Review process seems another way to obstruct the citizens of Iowa City from deciding their own representatives directly. I can't imagine why the governing class at the time (the 60's?) came up with this particular charter system, unless they didn't trust the wisdom of the people to elect their own mayor and also feared the alderman/district representative system. They diluted direct geographical representation by having the entire city vote on district representatives after a primary (if held). I have never heard of another municipal governance system like Iowa City's. Ironically, although we are citizens of one of the most highly educated cities in the country, the original charter writers seemed to have very little confidence in the ability of Iowa City residents to govern themselves without a lot of these built in "safeguards' (obstacles). My question: Is there some reason why this mayor election issue just cannot be put on the next general election ballot for the people to decide as it was done in Sioux City? In addition, could someone direct me to any historical documents which might exist that list the original Charter members and any background/history on their reasoning for creating such a system? I have to believe there was some reason for it, and would like background on it. I would like to know the names and titles of the original members to discern whether they might have been from Iowa City's governing "elite" class at the time (University professors, attorneys, League of Women Voters, etc.) and might have been fearful of the wisdom of the "unwashed masses"? Are minutes available online of past Charter Review committees through the decades so I could view their thoughts on why they maintained this system? I am curious why so many handpicked committee members decided to maintain the system, whether the issue was thoughtfully debated or whether they were just there to rubber stamp the status quo. I am curious and would appreciate a response by you or your legal aides. Thank you for your service. Christine Stewart, Iowa City Marian Karr From: City of Iowa City <webmaster@iowa-city.org> Sent: Thursday, April 17, 2014 4:12 PM To: Marian Karr Subject: Charter Review Commission beginning deliberations, seeks public input Contact: Marian Karr Contact Phone: (319) 356-5041 Charter Review Commission beginning deliberations, seeks public input Issued by: City Clerk Mailing List(s): General City News Originally Posted 4/17/2014 4:12:08 PM Iowa law allows cities to choose from among eight possible forms of municipal government, one of which is a Home Rule Charter. The Charter itself is an ordinance that sets forth how the city government is structured. On Nov. 15, 1973, the citizens of Iowa City chose to be governed by a Home Rule Charter and the first Charter was adopted on Jan. 2, 1976. The Iowa City Charter provides that the City Council establish a Charter Review Commission at least once every ten years for the purpose of reviewing the Charter and reporting to the City Council. A new Commission was recently established and must report to the City Council no later than April 1, 2015. Members of the Commission are: Andy Chappell (Chair), Steve Atkins, Karrie Craig, Karen Kubby, Mark Schantz, Melvin Shaw, Anna Moyers Stone, Adam Sullivan and Dee Vanderhoef. The Commission is beginning its deliberations on the review and possible amendments of the Iowa City Charter and is requesting public input. Electronic comments may be submitted to: citvcharter(@iowa-city. o rq. Written comments can be addressed to: Marian K. Karr, City Clerk 410 East Washington Street Iowa City, IA 52240 Marian-karrKDiowa-city.orci All written and electronic correspondence is a public record, will be distributed to the Charter Review Commission at their next meeting and permanently archived as a public record. All Charter Review Commission meetings are open to the public, and posted on the City website http://www.ic(iov.org/apps/boards/. Individuals may subscribe to receive all meeting information by using E-subscriptions on the City website at the http://www.iowa-city.org/icgov/apps/subscribe/. Information about the Charter and the Commission is available at www.icgov.org/citVcharter. View this article on the ICGov Web Site: http://www.iogov.org/apps/news/?newslD=9558 This media release was sent to: marian-kart(Mlowa-city.orn -Do not reply directly to this a -mail) It is produced from an automated system, and is not monitored for replies. If you have a question or comment about this information, please contact the individual(s) listed In the release. • Unsubscribe or edit your subscription details. • Visit our lobs page for employment opoortunilies. • View more news from the City of Iowa Cilv. p m 10 npNN (Tp C a V1NPN m VI Y N y pHmY1 onv M rl *� m N M O NN�Iam £ ryryqq y� �m�rNN N lL '� motinm LL Nm��m N Q .-� rq� N O M P w na-.m r m"aNN m a v 1%1 ptimlV T'� T N � W .Ni N N m v c � a 3 Y a N co M h N L a� E E m 0 m 0 m M Of N N N m a c o o x E 00 141 T O N V1 r ri N a fn N 6 1 00 N Q a "" r N £ 6eW - LZ jdv oT - b 6eW LT - TT AeW bZ - 8T 6eW T£ - SZ APW E Q rL MH.PVN y� m LL a-.mN a N F r M�.N+Nm Y N iv 3 Nm�"�m w a ."7`�ery 1� •i N N t Ln O NtiNN �OMO1� N LL q V1 NpNf�V LL 'OM.RN tO ^ Y M �-1 O N N N V V1NQN Q N y p.rgN 3 ..N MOnN 'TN O "M=N £ ry VI � tiNN N O Ln ' •i N M m 9 j N C Q 00 N N m m a v v v � � F e e 0 m 0 M M �y n n m a F �O M fj CII�qq N 61 H N M � ��v-�J a Y w n g N N N 00 L - T un[ bT - Bun[ TZ - ST un[ 8Z - ZZ nn[ S In[ - R un[ L �i ry e�n T (O t ..rvry a j � Y < � npiNN m d 3 ..nri N M 1p Ln W aq N N a _.min onv-. T m � a a o IL = '2 ry p 00 N Q T L N M w N N M .0 � v 0 0 � L C � W � N Q N N M T m a v v t F E E o �0 M m � ri Ln r 00 •i N N m a C F H M n N N O w N 'n L aC a N — C n H N N O S IBC - 6Z unC ZT - 9 IBC 6T - £T IBC 9Z - OZ hC Z 6nV - LZ IBC