HomeMy WebLinkAbout9-9-2014 Charter Review CommissionTHE PUBLIC IS INVITED TO ATTEND ALL MEETINGS
CHARTER REVIEW COMMISSION
MEETING AGENDA
Tuesday, September 9, 2014
7:30 AM
Harvat Hall, City Hall,
410 East Washington Street
1. CALL TO ORDER
2. CONSIDER MOTION ADOPTING CONSENT CALENDAR AS PRESENTED OR
AMENDED
a. Minutes of the meeting on 08/26/14 (Pages 2-7)
b. Correspondence
• Rod Sullivan (Pages 8-9)
3. REPORTS FROM MEMBERS AND STAFF
4. REVIEW CHARTER
a. Specific sections to be addressed:
• Article VII — Initiative and Referendum
o Memo re Follow Up to Home Rule / Initiative and Referendum
(Page 10)
o Citizens Guide to the City Charter (w/ timeline) (Pages 11-22)
o Initiative & Referendum forms (Pages 23-29)
b. Commission discussion of other sections (if time allows)
5. UPDATE OF PUBLIC INVOLVEMENT REVIEW PROCESS
6. PUBLIC COMMENT
TENTATIVE THREE MONTH MEETING SCHEDULE (7:30 AM unless specified)
September 23 — Evening Public Forum 7:00 PM
September 30
October 14
October 28
November 11 (City Holiday)
November 25
December 9
December 23
8. ADJOURNMENT
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Charter Review Commission
August 26, 2014
Page 1
MINUTES DRAFT
CHARTER REVIEW COMMISSION
AUGUST 26, 2014 — 7:30 A.M.
HARVAT HALL, CITY HALL
Members Present: Steve Atkins, Andy Chappell, Karrie Craig, Karen Kubby, Mark Schantz,
Melvin Shaw, Anna Moyers Stone, Adam Sullivan, Dee Vanderhoef
Staff Present: Marian Karr, Eleanor Dilkes (arrived 7:45)
None
CONSIDER MOTION ADOPTING CONSENT CALENDAR AS PRESENTED OR AMENDED:
a. Minutes of the Meeting on 08/12/14 — Kubby noted that she had one comment
regarding the minutes. On page 2 it says 'this evening' and it was actually
'morning.' Regarding Mr. Carsner's correspondence, Chappell stated that some
of this has already been discussed — the election of the mayor. He added that
they can discuss this if the Commission would like. Schantz noted that doing it
the way Carsner suggests would do away with the city manager position. Kubby
stated that she has no interest in switching this form of government. She
believes that if they directly elect the mayor they will have a stronger 'weak'
mayor, which she believes would be a good thing. Sullivan stated that he
believes they should wait and see what they hear about this issue during the
public forums. Sullivan added that if they were to change the form of
government, he believes that other parts of the City would have to undergo
changes, as well. The issue of 'eligible' versus 'qualified' voter was briefly
touched on, with Members asking Karr for some background on when this
change occurred.
b. Correspondence — (1) Tom Carsner
Kubby moved to accept the Consent Calendar as amended, seconded by Vanderhoef.
Motion carried 9-0.
REPORTS FROM MEMBERS AND STAFF:
Vanderhoef noted that a member of the public told her he had some comments to make and
she invited him to this morning's meeting, but that 7:30 was a bit early for him. Chappell noted
that he had an email exchange with Linda Schreiber regarding a potential date for a meeting
with the League of Women Voters.
REVIEW CHARTER:
a. Specific Sections to be Addressed:
" Additional Commission discussion of Preamble through Article VI —
Chappell asked if Schantz had anything to add to the packet of information he
has already prepared for the Commission. Schantz noted that Carsner's letter
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Charter Review Commission
August 26, 2014
Page 2
did raise some issues for further discussion, such as 'full-time' versus 'two-thirds'
time, salary expectations, etc. Kubby asked if there are examples of a 'strong'
mayor with a city manager. Atkins stated that Coralville's arrangement is close to
this. He added that he is unsure if the mayor has veto power or not, but that you
could shape this position however you chose. Kubby asked how Cedar Rapids'
government works, as far as the mayor's position. Sullivan noted that part of the
strength of the mayor is in the culture of the city, and that a mayor with a certain
personality could make him or herself a strong or a weak mayor. Atkins noted
that Cedar Rapids recently changes to a City Manager form of government from
a Commission form. Schantz noted that around the country most larger cities
elect the mayor, which is typically seen as a position of power in those
communities. Shaw asked what constitutes 'strong' when referring to the
mayoral position. Chappell responded that to him when you say a 'strong' mayor
it means one that is doing what the city manager would otherwise do. The
position would be seen as having 'power' beyond what Iowa City's current
mayoral position holds. Sullivan added that in his opinion, there are two ways to
strengthen the mayor, by either adding responsibilities or take away from the
things that council members and the mayor shouldn't do. He believes there is
some room between going to a full and strong mayor, to beefing up the role of
the mayor a bit, within the current infrastructure.
Schantz responded that you can think of the private sector where there is a
board of directors and a chair, and in some organizations the chair has a lot of
power and in others not so much. He added that to him the election is a
somewhat separate issue, from how strong the mayor is that's being elected.
Atkins stated that he believes it's important that they're able to identify the
political issues, which need to be a part of the ongoing debate, as well.
" Article VII — Initiative and Referendum -
The discussion began with Section 7.01(C). Chappell asked Schantz to read this
aloud for Members. Chappell then asked Dilkes if she could briefly summarize
what the importance is of these particular provisions. She responded that first of
all it is to be construed broadly, and added that 2 and 3 are confusing to her, as
well. She explained that a referendum is something that repeals an existing
measure, and there are time periods in which this has to be done. An initiative,
in its broadest sense, is proposing something new. She explained some current
issues and whether they are referendums or initiatives due to deadlines being
missed. Dilkes then responded to Member questions. Kubby asked if a group
can come to the City Attorney with a possible initiative, along with their potential
wording ready, would she give them an opinion on whether it would fly. Dilkes
responded that she will have a general conversation with such a group, but as far
as a formal opinion, she would ask the group to first file their intent to commerce
affidavit with the city clerk. Once the group is given an opinion, they can refile
something different if so desired. Shaw asked for an example of what subject
matter would be excluded, and Dilkes noted that this is under 'Limitation,' under
7.01(13)(1).
Atkins stated that he found the statement "Scope Of Power" (Cl) to be one of the
more profound things about the Charter. He believes it states intention to confer
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Charter Review Commission
August 26, 2014
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broadly — here's who we are; here's how we want to do business. Chappell
asked if there was any further discussion about these three subsections. Atkins
noted that one of the things he noticed in his contacts is that people don't
understand the difference between initiative and referendum. He believes there
needs to be some way of clarifying that. Sullivan stated that 7.01(A) lays it out
fairly clearly. Members continued to discuss this issue, with Vanderhoef
suggesting this be added to the "Definitions" section, as well as Article VII. Karr
stated that it was helpful to have the definition in the section when people inquire
as to the procedure. Dilkes agreed, stating that putting this in the general
"Definition" section would not make sense, as those are terms used throughout
the Charter. Kubby suggested making a reference to Article VII in the
"Definitions" section. Shaw asked if 'qualified electorate' needs to be defined
again in this section, even though it is in the "Definitions' section of the Charter.
Chappell stated that typically this would be done only if it were somehow different
in this section than in the other sections. Dilkes agreed, stating that this would
only cause confusion. Discussion continued about the difference between a
referendum and an initiative, with Chappell stating that they can revisit this in
further detail later. Kubby suggested they look at the Citizens Guide, as well, to
review the timelines shown there — the idea being to make things as easy to
understand as possible without outside interpretation. Dilkes noted that some
petitioners are just not disciplined enough to follow the timelines, where others do
so with no problem. Karr stated that once it is known whether they have an
initiative or a referendum, staff sits down and recreates the timeline for that
individual request. This basically gives the petitioner a custom timeline to follow.
Kubby noted that in subsection (D), 'qualified electors' is very appropriate.
Continuing their discussion of Subsection 7.01(C), Members asked for
clarification from Dilkes about how existing contracts would be affected by the
language in "E". Dilkes reported that most City contracts contain language on
cancellation and termination notification. Chappell then asked if 7.01(C) is ready
for tentative approval at this point, and Members agreed it was.
Moving on to 7.02, Craig read this aloud. Dilkes clarified that she has not seen a
challenge to this being unconstitutional in the same way that the other section is.
It is very focused on the circulation process and would not automatically apply to
this. Stone asked if Karr and Dilkes could briefly explain the process when
someone wants to start a petition. Karr outlined the process of how an individual
could initiate the process, and noted that typically they are given Section 7.01 to
read first, and then there is a one -page Affidavit that is completed and filed in the
in the Clerk's office to initiate the process. At this time there is typically a third
appointment set up, where the Clerk's office and the City Attorney's office will
review the documents and then prepare the individualized timeline for the
petitioner. Dilkes added that once the Affidavit is filed, this starts the time period
for when signatures must be obtained. Karr noted that it appears to be a
cumbersome and time-consuming process but once laid out it is pretty
straightforward. Karr added that if it would be helpful to the Commission, she
can bring in the forms that are used in the process. The conversation continued,
with Chappell then asking if there was a consensus to tentatively approve
Section 7.02. Members agreed. Chappell then asked what other cities use
initiative and referendum. Dilkes stated that they could look into this and see
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Charter Review Commission
August 26, 2014
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what data is available on this. Chappell asked if anyone thinks the initiative and
referendum options are a bad idea and that the City should not use them.
Vanderhoef stated that citizens need to recognize that this is a special privilege,
that it's not a given everywhere. This is why she believes it needs to be a
'qualified electorate.' Atkins stated that he is uncomfortable with the word
'privilege,' that perhaps 'opportunity' is better. Sullivan stated that the fact it's a
privilege and comes from the Council is backwards to him. He believes that the
ability to govern ourselves and decide what kind of ordinance to live under is a
right and it should not come from the Council. It comes from the Charter. He
added that having a Charter may be unique to Iowa City, but it should not be
seen as a privilege. Dilkes stated that the philosophical debate is between
representative democracy and direct democracy. Chappell reiterated that it is
unique to Iowa City to have initiative and referendum. Schantz stated that it
doesn't fit in every situation, but that it appears to fit in Iowa City's culture.
b. Commission Discussion of Other Sections (if time allows): None
DISCUSSION OF PUBLIC INVOLVEMENT:
Chappell asked that they move on to this section, as he wanted to address a few points. The
public forum has been set for September 23 at 7:00 P.M. The Commission has one more
meeting scheduled before the public forum. Chappell stated that he would like to go over what
everyone's expectations are for this forum, and what type of interaction they want to have with
those who speak. He added that it may actually depend on how many people show up to
speak. If there are very few, they can engage in more back and forth. If 40 people show up,
they would want to keep things timed so there's enough time for everyone to speak, thus limiting
how much interactions may take place. He stated that he thinks the Council's five-minute rule
would work here. They can always allow people to come back a second time, depending on
turnout, time, etc. Shaw responded that he would find it very awkward if as a citizen he
addressed the Commission and then received no response from them. Kubby stated that she
would find it cold and unresponsive for there to be no interaction with speakers. Vanderhoef
suggested the Chair try to perhaps group the comments around specific topics and begin the
conversation that way. Chappell stated that he would have some concern doing it this way, that
people might be dissuaded from joining in. He added that he thinks they need some interaction,
and until they see the questions they really won't know what that is going to be. Shaw asked if
they shouldn't let the public know what happens after this Commission's review, what they can
expect from this process. Chappell noted that they can touch on that in his remarks, and Kubby
stated that doing so in an introduction could show what the process has been, how the next
public forum may be more interactive, what the Commission's timeline is, and what the process
will be with recommendations to Council.
Schantz stated that he believes it would be a good idea if at the next meeting they identified four
or five items where they have indicated some concerns and want to have further discussion.
This would let the public know of some specific issues that they might become interested
enough in to attend the meeting. Shaw asked where else the group might advertise to get the
word out about this forum. Kubby stated that she sent out the notice that they received from
Karr to people she knows that have an interest in government, and suggested that others do the
same with people they know. Atkins noted that Chappell, as Chair, will most likely give a brief
presentation at the frontend of the forum, explaining where the Commission is in this process.
He also stated that most likely it would be a good idea to give some rules of conduct at the
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Charter Review Commission
August 26, 2014
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beginning, as well. Chappell agreed, adding that if someone feels the need to comment or ask
a question of a speaker, they should be able to do so. The goal is to hear from as many people
on as many issues as they can. Schantz stated that he would like to hear from people in the
community, what they like about Iowa City's government, and what they think the problems are,
if any. Kubby stated that the conversation is about the Charter, not the government in general,
although they are related. Chappell stated that they will have to wait and see what type of
comments they receive and deal with it accordingly. Karr stated that going back to Shaw's
question, she identified in her memo some of the things they've done in the past to publicize the
forums. She added that how the forums are run, however, is entirely up to the Commission.
Karr stated that she will have copies of the Charter available for the public's review the evening
of the forum. She asked if Members wish to have a 7:30 A.M. meeting that day, as well.
Chappell asked if Members would like to set a meeting shortly after the public forum in order to
review what they hear. After some discussion, Chappell asked if the meeting on September 9
could go until 9:30 to give them more time for discussion. Kubby stated that she would need to
leave by 9:15 on September 9. Chappell suggested they try to complete their discussion on
Section 7.03 so that they can finish up the discussion of initiative and referendum, prior to their
September 23 forum. September 30 was suggested as a follow-up meeting to September 23's
evening forum; and the morning meeting on September 23 will not be held.
11J-1Pdtil:1Ptlf
None.
September 9 —
September 23 — evening public forum 7:00 P.M.
September 30 — tentative special meeting
October 14
October 28
November 11 (City holiday)
November 25
ADJOURNMENT:
Sullivan moved to adjourn the meeting at 9:00 A.M., seconded by Shaw. Motion carried
9-0.
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Charter Review Commission
August 26, 2014
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Charter Review Commission
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PAGE 8
Marian Karr
From: Rod Sullivan <rodsullivan@mchsi.com>
Sent: Thursday, August 28, 2014 2:48 PM
To: City Charter
Subject: Charter Review Comments
Dear Charter Review Commission:
My name is Rod Sullivan, and I live at 2326 East Court Street in Iowa City.
I have been a resident of Iowa City for just over 30 years. Thank you for this opportunity to comment on the Iowa City
Charter.
Please allow me to begin by thanking you for your service. I also applied to serve; as I suspected, I was not selected. I
think I had a lot to offer your Commission. 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 should 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.
PAGE 9
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 weigh in.
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
l PAGE 10
�r.��iii=pw`• CITY OF IOWA CITY
Date: September 2, 2014
To: Charter Review Commission
From: Marian K. Karr, City Clerk
Re: Follow up to Home Rule and Initiative and Referendum
At your August 26, 2014 meeting you raised questions regarding the number of Iowa cities with
home rule charters, and how many of those included the initiative and referendum process as
part of their charter. According to the Iowa League of Cities:
Five (5) Iowa cities have a home rule charter:
Cedar Rapids
Clinton
Fort Dodge
Iowa City
Marion
We were able to locate only one, Clinton, that included initiative and referendum provisions.
S:/Charte rreview/home ru le IAcities.doc
PAGE 11
1
wim �I
December 2007
PAGE 12
Table of Contents
Disclaimers..........................................................................................................................1
Introduction to the City's Home Rule Charter.....................................................1
Whatis a Home Rule Charter?.....................................................................................................................1
Where can a copy of Iowa City's Charter be found.........................................................................1
What must a Charter contain?.....................................................................................................................1
What is a Charter Review Commission?......................................................................................................2
Whatis meant by „Home Rule"?.................................................................................................................2
Iowa City's Form of Government,..... .................................................................... 2
How is the City government organized?...................................................................................................... 2
What is the make up of the City Council?.................................................................................................... 2
How is the Mayor selected and what are Mayor's duties?........................................................................... 3
How does one become a candidate for Council?........................................................................................ 3
What is the relationship between the City Council and the Mayor.....................................................3
Does the Charter address the hiring of City employees?.............................................................................3
What does the Charter say about Boards and Commissions?.....................................................................3
What does the Charter say about the campaign contribution limitations?....................................................4
The Charter Amendment Process.........................................................................4
How can the Home Rule Charter be amended?...........................................................................................3
What is the process by which a citizen may petition to change the Charter?..............................................4
How does the amendment process begin?...................................................................................................4
What is the role of the City Clerk?............................................................................................................... 5
How can someone object to a petition to amend the Charter that has been accepted for filing by the City
Clerk?............................................................................................................................................................ 5
What happens if an objection is filed?..........................................................................................................5
How can a decision of the Objections Committee be challenged?..............................................................5
When will the election on the Charter amendment occur?......................................................................... 5
Initiatives and Referendums.................................................................................6
What are initiatives and referendums?....................................................................................................... 6
What are the subject matter limits on initiatives and referendums?. ............................. ....... .................... 6
What should I do if I'm not sure whether my proposal can be an initiative or referendum? ....................... 6
How is the initiative or referendum process started?.................................................................................. 7
What is the "affidavit" and who must sign it?.............................................................................................. 7
Wheredoes the affidavit go?...................................................................................................................... 7
What is the "petition" and how many signatures are necessary?............................................................... 7
What are the deadlines for gathering signatures and filing the petition? ................................................... 8
What happens after the petition is filed with the City Clerk?...................................................................... 8
What does the Council do with a petition that has been found to be sufficient? ........................................ 8
When is the election held for an initiative and referendum?...................................................................... 9
How many votes are required for an initiative or referendum question to pass? ....................................... 9
ADDENDUM: Timelines for Initiative and Referendum
It
PAGE 13
CITIZEN GUIDE TO THE IOWA CITY HOME RULE CHARTER
December 4, 2007
Disclaimers.
This Citizen Guide is designed to provide citizens with basic information on the Charter. It is not
an exhaustive explanation of Home Rule charters in general or the City's Home Rule Charter
specifically. The Citizen Guide has been prepared by the City Attorney and is based on the law
applicable at the time of its writing. This Citizen Guide is not intended to be considered - nor
relied upon - as legal advice by a citizen wishing to file a petition to amend the Charter or to
launch an initiative or referendum campaign. It is meant to be a user friendly guide to help
citizens better understand their charter.
INTRODUCTION TO THE CITY'S HOME RULE CHARTER
What is a Home Rule Charter?
Iowa law (section 372.1 of the Code of Iowa)' allows cities to choose from among eight (8)
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 November 15,
1973, the citizens of Iowa City ("City") chose to be governed by a Home Rule Charter, and the
first Charter was adopted by Ordinance No. 76-2792 on January 2, 1976. Iowa City is one of
only five (5) municipalities in Iowa with a Home Rule Charter.
Where can a copy of Iowa City's Charter be found?
The Charter is the first section of the City Code, which can be found at the Iowa City Public
Library and the City Clerk's office. Both the Charter and the Code are available online. Go to the
City's web site at www.icgov.oro and click on the "City Code" link on the top toolbar.
What must a Charter contain?
There are five (5) minimum requirements for a Charter listed in Iowa Code section 372.10, and
they are: 1) a City Council with an odd number of members, but not less than five (5); 2) a
Mayor, who may be one of those Council members; 3) terms of office for the Mayor and
Council members of either two (2) years or staggered four (4) years; 4) the powers and duties of
the Mayor and the Council consistent with the provisions of the City Code of Iowa (Chapters
362, 364, 368, 372, 376, 380, 384, 388 and 392 of the Iowa Code); and 5) a Council
representation plan pursuant to section 372.13(11).
All references to the Code of Iowa are to the 2007 Iowa Code
PAGE 14
What is a "Charter Review Commission"?
The Charter Review Commission is a group of citizens appointed by the City Council at least
once every ten (10) years to review the Charter and recommend amendments to Council.
Council must either pass an ordinance adopting the recommended amendments or submit the
recommended amendments to the voters. The third, and most recent, Commission was
established by Council resolution on March 16, 2004, and began their work in May, 2004. The
Commission submitted its recommendations to amend the charter on January 19, 2005, and
Council adopted all the recommendations by ordinance on March 1, 2005. Minutes and reports
of the four (4) Charter Commissions, including the original Charter Commission, are available in
the City Clerk's office.
What is meant by "Home Rule"?
"Home Rule" is the broad, although not unlimited, constitutional grant of power to every city in
Iowa authorizing self -governance. Municipal Home Rule became effective in 1968 by virtue of
an amendment to the Iowa Constitution, voted on by the people. Later, the legislature adopted
Iowa Code Section 364.1 as part of the Home Rule Act, to complement the Constitution. That
section states, in part: "A city may, except as expressly limited by the Constitution, and if not
inconsistent with the laws of the general assembly, exercise any power and perform any
function it deems appropriate to protect and preserve the rights, privileges, and property of the
city or of its residents, and to preserve and improve the peace, safety, health, welfare, comfort,
and convenience of its residents." The Iowa Supreme Court has issued many opinions on the
powers and limits of Home Rule. Determining whether a particular local ordinance or resolution
is authorized by Home Rule in any particular instance requires a legal analysis.
IOWA CITY'S FORM OF GOVERNMENT
How is the City government organized?
The City's Home Rule Charter provides for a City Council of seven (7) members with a Council
representation plan whereby, as explained more fully below, four (4) members are at -large
representatives and three (3) are district representatives. The Council appoints a City Manager,
City Attorney and City Clerk. The City Manager serves as the Chief Administrative Officer of
the City.
What is the make up of the City Council?
The City has seven (7) Council members, who serve staggered, four-year terms. Four (4)
Council members are "at -large" and are nominated by all voters and elected by all voters.
Although the three (3) "district" Council members (Districts A, B, and C) are nominated solely by
voters within their districts and any primary is held only within the district, they are elected by
voters city-wide. Council elections are held in odd -numbered calendar years.
PAGE 15
How is the Mayor selected and what are the Mayor's duties?
The voters do not elect the Mayor. Council members select the Mayor from among themselves
at their first meeting of the calendar year after each city council election. The Mayor is a voting
member of the council and has no veto power. The Mayor is the official representative of the
City, presiding officer of the Council and its policy spokesperson.
How does one become a candidate for Council?
A person files a petition signed by eligible electors with the City Clerk not more than sixty-five
(65) and not less than forty (40) days before the election. An "eligible elector" is "a person
eligible to register to vote in Iowa City". The number of signatures required for a district seat, or
an at -large seat, is at least two percent (2%) of those who voted to fill the same office at the last
regular city election but not less than ten (10) persons. On June 1 of each election year, the City
Clerk's office ((319) 356-5043) makes available a packet of information such as the calendar
date deadlines, the number of signatures needed and nomination forms. Section 3.02 of the
Charter describes when a primary election is required.
What is the relationship between the City Council and the City Manager?
The City Manager is the Chief Administrative Officer of the City. Section 4.04 of the Charter
contains a list of City Manager duties. All City employees, except for the City Clerk and the City
Attorney and their staffs, answer to the City Manager, who in turn answers to the City Council.
The City Council passes legislation and establishes policies for the City. It is the duty of the City
Manager to ensure that the City's ordinances are enforced and the policies are implemented.
Does the Charter address the hiring of City employees ?
Section 2.08 of the Charter requires the City Council to appoint the City Manager, the City
Attorney, and the City Clerk, all of whom report to, are accountable to and are supervised by the
City Council. The Council also approves the City Manager's appointments of the Police Chief
and the Fire Chief. All other decisions concerning hiring, firing, discipline, and supervision of
employees are made by the City Manager or those employees to whom he delegates
responsibility, subject to Iowa law, including Chapter 400 of the Iowa Code regarding civil
service employees.
What does the Charter say about Boards and Commissions?
The only board or commission that is established by the Charter is the Police Citizen Review
Board. With this exception, subject to state law (for example, section 414.6 of the Code of Iowa
requires that the City have a zoning commission with certain duties), the Charter authorizes
Council to establish citizen boards and commissions and to specify, among other matters, the
term of the members and their duties. Information on the wide variety of boards and
commissions can be found on the City web site at www.icciov.org/boards.htm. Current
vacancies are posted in City Hall, and on the City's web site and are advertised in the Press -
Citizen. Application forms are available on the City's web site and at the City Clerk's Office.
PAGE 16
What does the Charter sav about campaign contribution limitations?
The Charter requires that the Council pass an ordinance that limits the amount of campaign
contributions made to a candidate for election to Council. The limit, which is currently $100.00
per person per election, can be found in section 1-9-2 of the City Code.
THE CHARTER AMENDMENT PROCESS
What is a Charter Amendment?
Amendments must relate to the City's "form of government." "[B]asic structural proposals truly
involving the form, not the substance, of government are subject to voter approval through the
charter amendment process." Berent et. al. v. City of Iowa City 738 N.W.2d 193,212 (2007).
The Iowa Supreme Court addresses this issue in detail in the Berent case.
How can the Home Rule Charter be amended?
Under section 372.11 of the Code of Iowa, there are three (3) methods to amend a charter.
First, the City Council by resolution may submit a proposed amendment to the voters. Second,
the City Council by ordinance may amend the Charter, but if within thirty (30) days of publication
a valid petition objecting to the ordinance is filed, Council must submit the ordinance to the
voters. Third, a citizen may file a petition to place a proposed amendment on the ballot.
What is the process by which a citizen may petition to change the Charter?
State law, specifically sections 372.11, 362.4, and 44.8 of the Code of Iowa, governs the citizen
petition process. According to Iowa Code section 372.11(3), if a petition to amend the Charter
is valid as provided in section 362.4 the Council must submit the proposed amendment to the
voters at a special city election.
How does the amendment process begin?
A petition to amend the Charter must be signed by "eligible electors" equal in number to ten
percent (10%) of the persons who voted at the last preceding regular city election, but not less
than ten (10) persons. Regular City elections are held in November of each odd -numbered year.
The City Clerk's office will provide any interested person with the number of signatures needed
to meet the ten percent (10%) requirement. There is no special form required, but it should
contain lines for people to sign, to list their places of residence, and to date their signatures.
Also, each sheet of signatures must contain or leave attached the language of the proposed
amendment. After the requisite number of signatures is obtained, the petition is provided to the
City Clerk.
PAGE 17
What is the role of the City Clerk?
After the petition is delivered to the City Clerk, the Clerk will "accept" the petition for filing if it is
"valid on its face." If the petition lacks the required number of signatures it will be returned to the
petitioner. To decide whether the petition is valid on its face, the City Clerk will conduct a
cursory review to determine if there are a sufficient number of dated signatures with Iowa City
residences. If the petition does not appear to be valid on its face, the Clerk will not accept it,
and no further action is taken by the City. If the petition appears valid on its face the City Clerk
will accept it for filing.
Can someone object to a petition to amend the Charter that has been accepted for filing
by the City Clerk?
After the Clerk's acceptance of the petition, there is a five (5) day period during which a written
objection to the petition may be filed with the Clerk. If no objection is filed, the Council forwards
the proposed Charter amendment to the Commissioner of Elections (Johnson County Auditor)
for submission to the voters. Objections may relate only to whether the petition contains the
requisite number of signatures of eligible electors, including their place of residence and the
date on which they signed.
What happens if an objection is filed?
If an objection to the petition is filed, the process under section 44.8 of the Code of Iowa must
be followed. A three -person committee comprised of the Mayor, the City Clerk, and a Council
member chosen by ballot (hereinafter "Objections Committee") must consider the objection. If
the Objections Committee does not uphold the objection, the Council forwards the petition to the
Commissioner of Elections. If the Objections Committee upholds an objection that affects the
validity of the petition (i.e. reduces the number of signatures below that which is required), the
petition is not forwarded to the Commissioner of Elections because the decision of the
Objections Committee regarding the validity of the petition is "final" under section 44.8. As
noted above the Committee may consider only whether the petition contains the requisite
number of accurate signatures. The Committee may not consider the substance of the
proposed amendments.
How can a decision of the Objections Committee be challenged?
The decision of the Objections Committee can be challenged by filing a petition for a writ of
certiorari with the district court. "Certiorari" is a particular remedy available under the Iowa Rules
of Civil Procedure when an "inferior tribunal," in this case the Objections Committee, "exceeded
its jurisdiction or otherwise acted illegally." A person wanting to challenge the decision of the
Objections Committee should seek independent legal advice.
When will the election on the Charter amendment occur?
If the petition is valid, a special City election must be held on the proposed amendment. The
City Council sets the date of a special election with approval of the Commissioner of Elections.
A special City election can be held at the time of a regular City election or a general election. A
charter amendment becomes effective if approved by a majority of those voting.
PAGE 18
INITIATIVES AND REFERENDUMS
What are initiatives and referendums?
An "initiative" under the City Charter is the right of a "qualified elector" to propose a "measure"
to council. A "qualified elector" is a resident of Iowa City who is registered to vote in Iowa City.
A "referendum" is the right of the voters to require a reconsideration of an existing measure. In
the Charter, "measure" means an ordinance, amendment, resolution or motion of a permanent
legislative nature as opposed to an administrative matter. An example of a measure of a
legislative nature is an ordinance defining weeds of a certain height to be a nuisance. An
example of an administrative matter is the enforcement of the weed control ordinance. Unlike
petitions to amend the charter, which are controlled exclusively by State law, the
initiative/referendum process is set forth in detail and governed by Article VII of the Charter.
What are the subject matter limits on initiatives and referendums?
Section 7.01B(1) of the Charter limits the right to initiative and referendum by excluding the
following measures:
(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.
0) Amendments to the Charter.
Q) 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.
What should I do if I'm not sure whether my proposal can be an initiative or referendum?
While some matters are clearly not within the scope of initiative and referendum, other
proposals or ideas will require a more detailed legal analysis. The City Attorney will provide an
opinion on whether a proposed measure can be the subject of an initiative or referendum after
the initial affidavit setting forth the proposal (see later sections) is filed. If changes can be made
to cure any defects identified by the City Attorney and the petitioner chooses to make them, a
revised affidavit can be filed. The City Attorney will respond to general questions about the
scope of initiative and referendum prior to filing of the affidavit. However, the City Attorney
represents the City and cannot ethically advise individual citizens, particularly given the typically
diverse range of opinions on issues presented for initiative and referendum. Therefore, the City
Attorney will not participate in the drafting of an initiative or referendum, but rather, will give an
opinion once the affidavit is filed with the City Clerk. Any citizen who has questions about the
validity of a proposal is encouraged to seek independent legal advice.
PAGE 19
How is the initiative or referendum process started?
The procedure to undertake an initiative or a referendum is the same: You must file an affidavit
and a petition with the City Clerk. Attached to this Guide is a timeline showing the various
deadlines applicable to the initiative and referendum process. Potential petitioners are
encouraged to contact the City Clerk early in the process to determine the specific deadlines
applicable to the petition.
What is the "affidavit" and who must sign it?
The affidavit is a sworn statement signed by one or more qualified electors (called "petitioners"
in the Charter) that: a) lists the name(s) and address(es) of the petitioner(s); b) specifies the
address to which all relevant notices are to be sent; c) states that the petitioner(s) will supervise
the circulation of the petition; d) states that the petitioner(s) will be responsible for filing the
petition in proper format; and e) sets out in full the exact language of the proposed initiative
measure or citing the measure sought to be reconsidered. A blank affidavit form is available in
the City Clerk's office.
Where does the affidavit go?
The petitioner(s) must take the affidavit to the City Clerk. If the affidavit appears to have the
signature(s) of one or more qualified electors (registered voters), the City Clerk will accept it for
filing.
What is the "petition" and how many signatures are necessary?
When the affidavit is accepted for filing by the City Clerk, the Clerk will issue petition forms to
the petitioner(s) that same day. The petition must be signed by qualified electors (registered
voters) equal in number to twenty-five percent (25%) of persons who voted in the "last regular
City election," but no fewer than two thousand five hundred (2,500) qualified electors. Regular
City elections are held in November of each odd -numbered year. The City Clerk will provide any
interested person with the number of signatures necessary. One difference between citizen
petitions to amend the Charter and citizen initiative and referendum petitions is that charter
amendment petitions need only be signed by Iowa City residents ("eligible" voters) while
initiative and referendum petitions must be signed by Iowa City residents who have registered to
vote in Iowa City ("qualified" voters).
Each person signing the petition must provide a signature, printed name, address and the date
of signing. A birth date is not required but is recommended because it may help the City Clerk
determine if the signer is a registered voter. For example, if the address given for Sally Smith
does not match the address on the voter roles she will be counted as a valid signature only if
the birth date provided matches the voter rolls.
PAGE 20
What are the deadlines for oatherina sianatures and filina the petition?
Initiative signatures must be secured and the petition filed with the City Clerk within six (6)
months after the affidavit is filed.
Referendum petitions may be filed with the City Clerk either within sixty (60) days after final
adoption by the Council of the measure sought to be reconsidered or subsequently at any time
more than two (2) years after such final adoption. If the affidavit commencing the referendum is
filed within sixty (60) days of final adoption, the petition with signatures must be filed within the
same sixty (60) days. If the referendum petition is commenced two (2) years or more after
adoption of the measure, the petition signatures are due within sixty (60) days of filing the
affidavit.
Potential petitioners are encouraged to contact the City Clerk early in the process to determine
the specific deadlines applicable to the petition.
What happens after the petition is filed with the City Clerk?
Within twenty (20) days after a petition is filed containing the minimum signatures, the City Clerk
must certify whether the petition is "sufficient". Because the petition must be signed by
registered voters the City Clerk checks the signatures on the petition against the voter rolls,
which are obtained from the Commissioner of Elections (Johnson County Auditor). A petition is
sufficient if it contains the required number of valid signatures. If the petition is sufficient, the
City Clerk presents a certificate of sufficiency to the Council.
If insufficient, Section 7.04A of the Charter details how the petition may be amended once (more
signatures may be gathered). If the petition is not amended or if the amendment does not
render it sufficient, Section 7.04B provides the process and deadlines by which one or more of
the petitioners may request Council to review the sufficiency of the petition. The Council's
decision on sufficiency is a final decision by the City. To the extent allowed by law, the district
court may review the Council's actions if a writ of certiorari is filed. Any person seeking to
challenge a decision of the City should obtain independent legal advice.
What does Council do with a petition that has been found to be sufficient?
Council must consider the measure "promptly." If Council does not approve the measure in the
initiative petition (or a measure similar in substance) within sixty (60) days of the certificate of
sufficiency or repeal the measure in the referendum petition within thirty (30) days of the
certificate of sufficiency, it must be submitted to the voters.
PAGE 21
When is the election held for an initiative or referendum?
Under Section 7.05B of the Charter, elections are held as follows:
(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 [the 60-day
period for Council consideration], provided that the initiative petition was filed no less than
110 days prior to the deadline imposed by state law for the submission of ballot questions to
the Commissioner of Elections. Again, potential petitioners should review the applicable
deadlines with the City Clerk.
(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 [the 30-
day period for Council consideration] 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. Again, potential petitioners should review the
applicable deadlines with the City Clerk. 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 .
Any person who desires his/her proposal to be on a certain election ballot is urged to confer with
the City Clerk as early as possible to review the applicable deadlines.
How many votes are required for an initiative or a referendum question to pass?
A simple majority of the votes cast is required for an initiative or referendum to pass. An
initiative that passes is effective upon certification of the election results. If a referendum
passes, the repeal of the measure is effective upon certification of the election results.
PAGE 22
'No
Is
PAGE 23
AFFIDAVIT TO COMMENCE INITIATIVE OR REFERENDUM PROCEEDINGS
STATE OF IOWA )
COUNTY OF JOHNSON )
The undersigned petitioner(s) hereby propose(s) to commence initiative or referendum
proceedings pursuant to Article VII of the Charter of Iowa City.
1. Each of the undersigned is a voter who is registered to vote in Iowa City
2. The undersigned will supervise the circulation of the initiative or referendum petition and
will be responsible for filing it in proper form with the City Clerk of Iowa City.
3. The name(s), address(es), and phone number(s) of the petitioner(s) is (are) as follows
(print or type):
4. All relevant notices relating to the initiative or referendum proposal shall be addressed
as follows:
(Name of recipient)
Street Address or Post Office Box
City, State, Zip Code
5. The ordinance proposed or sought to be reconsidered is attached hereto as an exhibit
and by this referendum made a part hereof.
Witness my (our) hand(s) this day of 20
Subscribed and sworn to me, a Notary Public, on this day of
, by and to me known
to be the person(s) who executed the foregoing Affidavit, and who (or each of whom)
acknowledged that he/she executed the same as his/her voluntary act and deed.
Notary Public
Wpdato/derktaffidaviLrefpro.12.4,06 My commission expires
PAGE 24
AFFIDAVIT OF CIRCULATOR
State of Iowa
City of Iowa City, Johnson County
I,
(Name) (Address)
Iowa City, Iowa, on oath depose and say that I am a qualified elector. I hereby certify that 1
personally circulated the petitions attached hereto. I have obtained
(number)
signatures, all of which were affixed and dated in my presence and I believe them to be genuine
signatures of the persons whose names they purport to be. I swear that each signer had an
opportunity before signing to read the full text of the ordinance proposed or sought to be
reconsidered.
I understand that I am liable to criminal penalties as provided by State law if I file a false
affidavit.
Witness my hand this day of 20
(Signature)
Subscribed in my presence and sworn to before me by
this day of
'r3ia
Notary Public in and for Johnson County, Iowa
"Qualified elector' means a resident of Iowa City who is registered to vote in Iowa City pursuant
to the City Charter.
PAGE 25
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PAGE 26
NOTICE OF INTENT TO WITHDRAW SIGNATURE FROM PETITION
State of Iowa
City of Iowa City
(name)
(address)
Iowa City, Iowa, do hereby state my intent to withdrawn my name from the
petition regardi
for the reason stated below.
REASON:
I signed the petition on
(date)
Dated this day of
(signature)
Subscribed in my presence and sworn to before me by
this day of
Notary Public in and for
Johnson County, Iowa.
My Commission expires
PAGE 27
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CERTIFICATE OF SUFFICIENCY
STATE OF IOWA )
) SS
COUNTY OF JOI INSON )
I, Marian K. Karr, City Clerk, do hereby certify that I have examined the petition submitted by
George Wittgraf III on June 10, 2013, which proposed to repeal Ordinance No. 10-4388, which
amended the bar entry age from nineteen (19) years of age to the "legal age", Which is currently
twenty-one (21) years of age and I find that it is sufficient as defined by Article VII, Home Rule
Charter of the City of Iowa City. A total of 2,500 valid signatures are required and upon review
the petition contained 2,604.
Witness my hand this 29'11 day of June, 2013.
Marian K. Karr, City Clerk
Subscribed in my presence and sworn to before nne by Marian K. Karr this 29th day of June,
2013.
Notary Public in and for Johnson County, Iowa
PAGE 28
NOTICE OF INTENT TO ANEND
State of Iowa
City of Iowa City, Johnson County
I,
Iowa City, Iowa, do hereby state my intent to amend my petition regarding
within fifteen (15) days after the receipt of the certificate of insufficiency.
I received the certificate of insufficiency on
I understand that I must file this intent to amend within two days after receipt
of the certificate of insufficiency.
(Date) (Signature)
C(0 FD_)
Lr
CERTIFICATE OF INSUFFICIENCY
STATE OF IOWA )
) SS
COUNTY OF JOHNSON )
t FAGE129
pa���
'od cite of
01
I, Marian K. Karr, City Clerk, do hereby certify that I have examined the petition submitted by
Aleksey Gui4ovoy and Martha Hampel on October 5, 2012, which proposed that an Ordinance enacting a new
Chapter of Title 9 restricting the use of traffic enforcement cameras, drones, and automatic license -plate
recognition systems be adopted, and I find that it is insufficient because it does not contain the required
number of valid signatures. A total of 2,500 valid signatures are required and the petition contained only 2106
valid signatures (short 394 of the requirement).
Pursuant to Section 7.04(A) of the Charter a copy of this certificate shall be sent by registered mail to
the petitioner. The petitioner may file a notice of intention to amend his petition within two days (2) days after
receiving a copy of this certificate. Petitioner may file a supplementary petition upon additional papers within
fifteen (15) days after receiving a copy of this certificate. The petition may only be amended once for lack of
the required number of valid signatures.
Supplementary petitions shall comply with the requirements of Subsections B & C of Section 7.03,
Home Rule Charter of the City of Iowa City, and within fifteen (15) days after it is filed, the City Clerk shall
complete a certificate as to the sufficiency of the petition as amended.
Witness my hand this 15°i day of April, 2013.
Marian K. Karr, City Clerk
Subscribed in my presence and sworn to before me by Marian K. Karr this 15"' day of April, 2013,
Notary Public in and for Johnson County, Iowa