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HomeMy WebLinkAbout10-28-2014 Charter Review CommissionCHARTER REVIEW COMMISSION MEETING AGENDA Tuesday, October 28, 2014 7:45 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 10/14/14 3. REPORTS FROM MEMBERS AND STAFF a. League of Women Voters Forum b. Compensation c. Table of Income Guidelines and Definitions 4. REVIEW CHARTER a. Compensation of council members b. Use of word "citizen" c. Preamble and Definitions d. Primary vs. Run-off election e. Commission discussion of other sections (if time allows) 5. PUBLIC COMMENT 6. TENTATIVE MEETING SCHEDULE (7:45 AM unless specified) November 10 November 25 December 9 December 23 [Commission work completed no later than April 1, 2015] 7. ADJOURNMENT Charter Review Commission October 14, 2014 Page 1 MINUTES DRAFT CHARTER REVIEW COMMISSION SEPTEMBER 30, 2014— 7.30 A.M. HARVAT HALL, CITY HALL Members Present: Steve Atkins, Andy Chappell, Karrie Craig, Karen Kubby, Mark Schantz, Melvin Shaw (7:38), Anna Moyers Stone (7:42), Adam Sullivan Members Absent: Dee Vanderhoef Staff Present: Dennis Bockenstedt, Eleanor Dilkes, Marian Karr RECOMMENDATIONS TO COUNCIL: (to become effective only after separate Council action): CALL TO ORDER: Chairperson Chappell called the meeting to order at 7:31 A.M. PRESENTATION ON LOCAL OPTION SALES TAX & THE CITY BUDGET: The meeting began with a power point presentation by Dennis Bockenstedt, the City's Finance Director, on the local option sales tax (LOST) referendum and the City budget. He explained that a committee was formed following the budget process last year to review the feasibility of a local option sales tax and then to make a recommendation on whether or not the City should pursue this. The committee also looked at the City's current services and existing resources, while reviewing what the best uses would be for a local option sales tax; and suggested ballot language for such a referendum to the City Council. The discussion continued, with Bockenstedt fielding questions about how the City can go about securing additional revenue. He noted that the thing about a sales tax is it generates a lot of revenue, yet has a lesser impact than some of the other options. Karr noted that if Members have any further questions they can contact Bockenstedt directly a. Minutes of the Meetings on 09/30/14 — Chappell noted that the only thing he saw in the minutes was a reference to the meeting being in the 'evening,' when in fact it was 7:30 in the morning. Kubby moved to accept the Consent Calendar as amended. Sullivan seconded the motion. Motion carried 8-0, Vanderhoef absent. REPORTS FROM MEMBERS AND STAFF: a. League of Women Voters Forum — Chappell noted that the forum will be held on Wednesday, November 19, at 7:00 P.M. The League has asked that some of the Members be present at the forum. This forum is intended to inform the attendees about what the Charter is in general and also to have some level of Charter Review Commission October 14, 2014 Page 2 discussion regarding whatever topics come to the fore. Chappell stated that they need to decide who is going to attend, adding that they won't want more than four in attendance due to meeting laws, etc. Schantz, Atkins, and Kubby volunteered to attend. Kubby stated that Chappell should attend, as well, since he is the Chair of the Charter Review Commission. Atkins asked why they couldn't all attend and call it a regular meeting. Chappell stated that if there is a strong desire they could do this but it would be considered a Charter Review meeting. Sullivan stated that he is inclined to keep it a majority of the Commission. Chappell stated that he will talk to the League further to see what their feelings are on this and they can revisit the issue at the next meeting. REVIEW CHARTER.' a. Term limits — Chappell began the discussion with the term limit issue. He noted that they did have some discussion about this when they discussed the mayoral position and whether there should be some term limitation there. He asked what Members' thoughts are on this issue. Kubby spoke to her feelings about these limits, noting that she is somewhat open to this. Atkins noted that he has never been a fan. Schantz stated that he does not feel strongly against it, but that it seems like a solution in search of a problem. Others weighed in, agreeing that term limits typically come into play when people are unhappy with who is currently in office. Kubby noted that Vanderhoef had brought up the issue of a directly -elected mayor and the need for term limits in that scenario. At this time there does not appear to be any interest on the part of the Commission to suggest changes here. Chappell noted that if Vanderhoef would like to address this further upon her return, they can do so at that time. b. Compensation of council members — The issue of compensation for council members was discussed next. Chappell noted that the Charter does not set the specific amounts, the council itself does. Kubby noted that she believes there should be something in the Charter so that councils can be relieved of this burden. She added that the compensation should match what is expected — meetings, community events — in terms of the time spent on council events. Shaw stated that he has a note in regards to a conversation that took place back in May that made reference to raising the compensation to 25% above the median income. He stated that he believes it came about as they discussed how they could get more citizens involved. Shaw asked what, on average, is the amount the council members receive. Chappell recalled that it is $5,000 per council member, with the mayor receiving $7,000. Sullivan stated that one of his concerns is that the compensation keeps out those in the community who cannot afford to leave their job for an afternoon function or meeting. He believes it would be an undue burden for a low -wage worker. Craig asked if Sullivan believes a higher compensation would actually allow a low -wage worker to leave their job. The conversation continued, with Members weighing in on the issue. Shaw noted that serving on the City Council is not for the faint of heart. He added that those who have the mental and financial wherewithal are going to be the ones who serve. He does believe, however, that the compensation and/or financial reimbursements should be raised, in order to help ease the burden of the time spent on council duties. Atkins agreed that the amount should be raised. He noted that if it were part of the Charter, it would be revisited basically every 10 years when the Charter is reviewed. Schantz stated that he is in favor of doing something, that he believes having it be part of the Charter, however, may be a bit tricky. He stated that one way to do this is to come up with a number they believe is right. Another way is to have an external Charter Review Commission October 14, 2014 Page 3 committee of community members who would deal with this issue. A third way would be to set the floor in the Charter with the current process, understanding that it might lag behind in a 10-year period. Atkins stated that he really doesn't believe it to be that big of a deal. He added that in all of his years with the City, he never had anyone in the community complain about the council's compensation amounts. Members continued to discuss the compensation issue, with Kubby again stating that she believes it takes the burden off the council if they put this in the Charter. Chappell stated that he isn't sure he would support raising the compensation amount as he is unsure what it should be. He added that he might be, if he were convinced that raising it to some reasonable amount would encourage otherwise underrepresented residents to run for council. Chappell asked if there was an interest in creating a subcommittee for this, who could review the issue and then come back to the Commission as a whole with a recommendation. Shaw asked what a city comparable to Iowa City does with their council and mayor compensation. Chappell asked what cities are used in the collective bargaining. Karr noted that they use cities like Ames, Des Moines, Davenport, and Council Bluffs. She added that staff can gather this information for the Commission to help them in their review. Chappell stated that this would be helpful. He also asked if staff can find out how the council members in these other cities are classified — are they part-time, for example. After a brief discussion, Members agreed that they would like to revisit this as a group at a future meeting. The conversation continued on what other governmental entities do with salaries and classification of employees/councilors. It was noted that the School Board Members do not receive any compensation. C. Use of word "citizen" — Chappell noted that Dilkes had brought up some issues when they talked about 'citizen' versus 'resident' early on in their conversations. Dilkes stated that she had looked at definitions of 'citizen' and she remembers coming across several that spoke about 'in the context of a city,' that you don't have citizenship of a city — you are a resident of a city. She stated that they certainly could define 'citizen' as 'resident' in the Charter and then keep it as citizen. Craig stated that she would prefer this, that she does not like the word 'citizen' in the Charter. She believes if they do not remove the word 'citizen' from the Charter that they should then define it clearly as being a resident. Schantz stated that he typically uses the word 'resident.' Atkins stated that he uses 'citizen' as he likes the word citizenship. Dilkes stated that one thing that might help them in doing a definition of 'citizen' as being a resident is they can then continue with a citizenship quality. Karr asked if Members would like for her to do a search and find in the Charter document that will highlight 'citizen,' as this will help give them some context to what they are considering. Kubby spoke briefly to adding a definition of 'corporation,' which would disengage corporations from being people in the City's Charter, and in the compensation section say that people and corporations have this limit. She believes this will clean up the issue for many in the community. Sullivan stated that he understands why it sounds bad in this day and age, but that corporations are legal people, as are political parties and associations, committees, and other legal entities. He believes this could cause problems. Dilkes stated that one issue she sees with this is whether or not you would want a corporation to be a person is dependent on what you are talking about. Chappell asked Karr to also do a search and highlight for the word 'person.' He added that this can help them in further discussions regarding 'corporations' and those issues surrounding it. d. Preamble and definitions — Charter Review Commission October 14, 2014 Page 4 e. Commission discussion of other sections (if time allows) — PUBLIC COMMENT: None. October 28 — Chappell asked if everyone wanted to add a make-up meeting in place of the Veteran's Day holiday meeting that was cancelled. Shaw asked if they could change the start time a bit. After some discussion, Members agreed that 7:45 A.M. would work, with meetings going to 9:00 A.M. In place of the November 11 meeting, Members agreed that Monday, November 10, at 7:45 A.M. works as a make-up meeting. Schantz noted that he will be unable to attend the October 28 meeting. November 10 November 25 December 9 December 23 (Commission work completed no later than April 1, 2015) ADJOURNMENT: Sullivan moved to adjourn the meeting at 9:00 A.M., seconded by Shaw. Motion carried 8-0, Vanderhoef absent. Charter Review Commission October 14, 2014 Page 5 Charter Review Commission ATTENDANCE RECORD 2014 TERM o 0 0 0 0 0 0 0 0 0 0 A fJl UI M NN N W W W W W O O NAME EXP. O co s w N v a o N " N O N W a N A A A A A A A A A A A A A 4/1/15 X X O/ x X X X X X X X X Steve E Atkins Andy 4/1/15 X X X X X X X X X X X X Chappell Karrie 4/1/15 X X X X X X X X X X X X Craig Karen 4/1/15 O X X X X X X X X X X X Kubby Mark 4/1/15 X X X X X X O/ X X X O/ X O/ Schantz E E E Melvin 4/1/15 X X X X X X X X X X X X Shaw Anna 4/1/15 X X X X X X O/ X X X X X Moyers E Stone Adam 4/1/15 X X X X X X X X X X X X Sullivan Dee 4/1/15 X X X X X X X X X X X O/ Vanderhoef E Key; X = Present O = Absent O/E = Absent/Excused NM = No meeting --- = Not a Member at this time CITY M' 1()VVA CITY CITY F IOWA CITY M L 1A U kA N 0 �[ A JA UNESCO CITY OF LITERATURE Date: October 24, 2014 To: Charter Review Commission From: Marian K. Karr Re: Request for information At your last meeting you requested Staff contact other similar size cities in the state regarding council compensation. Following is a summary of responses. What is the current salary for the Mayor and Council Members? Dubuque — Mayor $13,000 and Council $9,700 Sioux City — Mayor $10,000 and Council $8,500 Ames — Mayor $8,000 and Council $7,000 West Des Moines — Mayor $14,000 and Council $9,000 Davenport — Mayor $45,000 and Council $15,000 Cedar Rapids — Mayor $34,750.56 and Council $17,379.44 Iowa City — Mayor $8,070 and Council $7,072 How is Council compensation set, and reviewed? Dubuque — It is reviewed every 4 years when the majority of the Council is up for re-election. Each Council member provides the name of 1 citizen representative, and we arrange an ad hoc Compensation Committee. These citizen representatives review information on the Council's compensation history, duties, board/commission membership and community activities. We take the Committee's recommendation to a Council meeting where it's voted on by the Council and confirmed by ordinance. By Iowa Code compensation must be decided before the election date. The salary change then becomes effective January 1 following the election. Sioux City — Compensation is set by Ordinance, reviewed by City Manager, Mayor and Council, no specific time frame is followed. Ames — By Resolution. A Council member will bring up the matter in a meeting, and the Council, as a whole, will discuss. West Des Moines — Established through City Code. The Code can be changed any time by Council resolution. Davenport — Ordinance Cedar Rapids — Set by CPI review October 24, 2014 Page 2 Are the Mayor and Council Members viewed as part time or full time employees? Dubuque — part time Sioux City — part time Ames — part time West Des Moines — part time Davenport — Mayor — full time and Council — part time Cedar Rapids — part time Do you have a city charter, and if so does it address compensation? Dubuque — Yes there is a Charter, but it does not address compensation Sioux City — Yes there is a Charter, but it does not address compensation Ames — Yes there is a Charter, but it does not address compensation. West Des Moines — Yes there is a Charter, but it does not address compensation Davenport — Yes there is a Charter, but it does not address compensation Cedar Rapids — Yes there is a Charter and yes it addresses compensation (see below) Section 2.05. COMPENSATION. The city council, by ordinance, may establish the compensation of the mayor and the other council members. The city council shall not adopt such an ordinance during the months of November and December immediately following a regular city election. However, the initial compensation following adoption of this charter of the eight regular council members shall be $15,000 per year and the initial compensation of the mayor shall be $30,000 per year, which initial compensation, unless otherwise adjusted by the city council, shall annually be adjusted up or down by the same percentage as the percentage change in the Consumer Price Index (CPI-U, US City Average, All Items) published by the United States Department of Labor, Bureau of Labor Statistics, for the most recent twelve month period for which data is available. In addition to such compensation, members of the city council, including the mayor, may be paid for actual expenses incurred by them as allowed by law. S/chartcrrcvicw/compensation TABLE OF INCOME GUIDELINES AND DEFINITIONS FOR IOWA CITY Effective March 15, 2013 Household Size 30% Median Income (Poverty Level) 50% Median Income 60% Median Income 80% Median Income (low income) Median Income 1 $16,700 $27,850 $33,420 $44,550 $55,700 2 19,100 31,800 38,160 50,900 63,600 3 21,500 35,800 42,960 57,250 71,600 4 23,850 39,750 47,700 63,600 79,500 5 25,800 42,950 51,540 68,700 85,900 6 27,700 46,150 55,380 73,800 92,300 7 29,600 49,300 59,160 78,900 98,600 8 31,500 52,500 63,000 84,000 105,000 ATTACHMENT TO APPLICATION FOR THE HOUSING AND COMMUNITY DEVELOPMENT COMMISSION IN ORDER TO ENSURE THAT THE HOUSING AND COMMUNITY DEVELOPMENT COMMISSION IS REPRESENTATIVE OF THE COMMUNITY AND THE GROUP(S) WHICH IT SERVES, PLEASE INDICATE IF YOU ARE A MEMBER OF EITHER OF THE FOLLOWING CATEGORIES: Lower Income (see table) F-1 Receive Rental Housing Assistance Your response is voluntary, and you may wish instead to elaborate on or indicate areas in which you can make a special contribution to the Commission in another section of this form. When possible, Council will appoint a person or persons with expertise in construction, finance and/or a person receiving rental assistance. If you have expertise in construction or finance, please describe your experience and/or training. HCDC Application January 2014 page 4 of 8 PAGE 1 2014-15 REVIEW PREAMBLE The citizens of Iowa City, Iowa, by virtue of the enactment of this charter, adopt the following principles: 1. That the government of Iowa City belongs to all its citizens and all share the responsibility for it. 2. That the government of Iowa City is a service institution, responsive and accountable to its citizens. 3. That city officials should be accessible to the people and have an affirmative obligation to secure for each person equality of opportunity as well as due process and equal protection of law. 4. That each citizen has a right to obtain fair, equal, and courteous treatment from each city official and employee. 5. That the city should perform all acts and take all measures necessary and desirable to promote the general health, safety and welfare of its residents, to encourage the participation of its citizens in policy formation and to secure the full benefits of "home rule." (Ord. 76-2792, 1-2-1976) DEFINITIONS As used in this charter: 1. "City" means the city of Iowa City, Iowa. 2. "City council' or "council' means the governing body of the city. 3. "Councilmember" means a member of the council, including the mayor. 4. "Shall' imposes a duty. 5. "Must" states a requirement. PAGE 2014-15 REVIEW 6. "May" confers a power. 7. "Eligible elector" means a person eligible to register to vote in Iowa City. 8. "Qualified elector" means a resident of Iowa City who is registered to vote in Iowa City. 9. 'Board" includes a board, commission, committee or other similar entity however designated. 10. "Person" means an individual, firm, partnership, corporation, company, association, political party, committee or any other legal entity. 11. "Ordinance" means a city law of a general and permanent nature. 12. "Measure", except as provided in article VII, means an ordinance, amendment, resolution or motion. (Ord. 76-2792, 1-2-1976; amd. Ord. 85-3227, 3-12-1985; Ord, 05- 4152, 3-1-2005) ARTICLE I. POWERS OF THE CITY Section 1.01. Powers Of The City. The city has all powers possible under the constitution and laws of this state. (Ord. 76- 2792, 1-2-1976) 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, the invalidity shall not affect other provisions or applications of this charter. (Ord. 76-2792, 1-2-1976) PAGE 2014-15 REVIEW ARTICLE II. CITY COUNCIL Section 2.01. Composition. The city council consists of seven members. As provided in article III, four, to be known as councilmembers at large, are to be nominated by eligible electors of the city at large, and three, to be known as district councilmembers, are to be nominated by eligible electors of their respective districts. All councilmembers shall be elected by the qualified electors of the city at large. (Ord. 85-3273, 12-17-1985) Section 2.02. Division Into Council Districts. The council, by ordinance, shall divide the city into three council districts of substantially equal population. These districts are to be designated as council district A, council district B, and council district C. (Ord. 76-2792, 1-2-1976) Section 2.03. Eligibility. To be eligible to be elected to and to retain a council position, a person must be an eligible elector of Iowa City, and if seeking or elected to represent a council district, must be an eligible elector of that council district. (Ord. 05-4152, 3-1-2005) Section 2.04. Terms. At the first election under this charter, all seven councilmembers are to be elected; the councilmember from council district A, council district C, and the two councilmembers at large who receive the greatest number of votes cast for councilmember at large are to serve for terms of four years, and other councilmembers are to serve for terms of two years. Commencing at the next regular city election, and at all subsequent regular city elections, all councilmembers elected to fill the positions of those whose terms expire shall be elected for terms of four years. (Ord. 76-2792, 1-2-1976) Section 2.05, Compensation. The council, by ordinance, shall prescribe the compensation of the mayor and the other council members. The council shall not adopt such an ordinance during the months of November and December immediately following a regular city election. (Ord. 05-4152, 3-1-2005) PAGE 4 2014-15 REVIEW Section 2.06. Mayor. A. Immediately following the beginning of the terms of councilmembers elected at the regular city election, the council shall meet and elect from among its members the mayor and mayor pro tern for a term of two years. (Ord. 85-3227, 3-12-1985) B. The mayor is a voting member of the council, the official representative of the city, presiding officer of the council and its policy spokesperson. The mayor shall present to the city no later than February 28 an annual state of the city message. (Ord. 95-3671, 3- 28-1995) C. The mayor pro tern shall act as mayor during the absence of the mayor. (Ord. 85- 3227,3-12-1985) Section 2.07. General Powers And Duties. All powers of the city are vested in the council, except as otherwise provided by state law or this charter. (Ord. 85-3227, 3-12-1985) Section 2.08. Appointments. A, The council shall appoint the city manager. B. The council shall appoint the city clerk. (Ord. 85-3227, 3-12-1985) C. The council shall appoint the city attorney. (Ord. 95-3671, 3-28-1995) D. The council shall appoint all members of the city's boards, except as otherwise provided by state law. (Ord. 85-3227, 3-12-1985) E. The council shall fix the amount of compensation, if any, of persons it appoints and shall provide for the method of compensation of other city employees. All appointments and promotions of city employees by city council and city manager must be made according to job -related criteria and be consistent with nondiscriminatory and equal employment opportunity standards established pursuant to law. (Ord. 95-3671, 3-28- 1995) Section 2.09. Rules; Records. PAGE 5 2014-15 REVIEW The council may determine its own rules and shall maintain records of its proceedings consistent with state law. (Ord. 76-2792, 1-2-1976) Section 2.10. Vacancies. The council shall fill a vacancy occurring in an elective city office as provided by state law. (Ord. 76-2792, 1-2-1976) Section 2.11. Council Action. Passage of an ordinance, amendment or resolution requires a majority vote of all the members of the council except as otherwise provided by state law. (Ord. 05-4152, 3-1- 2005) Section 2.12. Prohibitions. A. A councilmember may not hold any other city office or be a city employee or elected county official while serving on the council nor hold any remunerated city office or employment for at least one year after leaving the council. (Ord. 76-2792, 1-2-1976) B. With the exception of the appointment of the chief of the police department and chief of the fire department, which are subject to approval of the city council, neither the council nor its members may dictate, in any manner, the appointment or removal of any person appointed by the city manager. However, the council may express its views to the city manager pertaining to the appointment or removal of such employee. (Ord. 05-4152, 3-1-2005) C. A councilmember may not interfere with the supervision or direction of any person appointed by or under the control of the city manager. (Ord. 76-2792, 1-2-1976) ARTICLE III. NOMINATION, PRIMARY ELECTION AND REGULAR ELECTION Section 3.01. Nomination. A. An eligible elector of a council district may become a candidate for a council district seat by filing with the city clerk a valid petition requesting that his or her name be placed on the ballot for that office. The petition must be filed not more than sixty-five (65) days nor less than forty (40) days before the date of the election and must be PAGE 6 2014-15 REVIEW signed by eligible electors from the candidate's district equal in number to at least two (2) percent of those who voted to fill the same office at the last regular city election, but not less than ten (10) persons. (Ord. 05-4152, 3-1-2005) B. An eligible elector of the city may become a candidate for an at -large council seat by filing with the city clerk a petition requesting that the candidate's name be placed on the ballot for that office. The petition must be filed not more than sixty-five (65) days nor less than forty (40) days before the date of the election and must be signed by eligible electors equal in number to at least two (2) percent of those who voted to fill the same office at the last regular city election, but not less than ten (10) persons. (Ord. 85-3227,3-12-1985) Section 3.02. Primary Election. A. If there are more than two candidates for a council district seat, a primary election must be held for that seat with only the qualified electors of that council district eligible to vote. The names of the two candidates who receive the highest number of votes in the primary election are to be placed on the ballot for the regular city election as candidates for that council seat. (Ord. 05-4152, 3-1-2005) B. If there are more than twice as many candidates as there are at large positions to be filled, there shall be a primary election held unless the council, by ordinance, chooses to have a run -off -election. (Ord. 85-3227, 3-12-1985) Section 3.03. Regular City Election. A. In the regular city election, each council district seat up for election shall be listed separately on the ballot and only the names of candidates nominated from that council district shall be listed on the ballot as candidates for that seat. However, all qualified electors of the city shall be entitled to vote for each candidate. The three council district seats shall be designated on the ballot as council district A, council district B and council district C and each shall be elected at large. B. The at large council seats shall be designated on the ballot as such. (Ord. 85-3227, 3- 12-1985) ARTICLE IV. CITY MANAGER PAGE 2014-15 REVIEW Section 4.01. Appointment; Qualifications. In appointing a city manager, the council shall consider only the qualifications and fitness of the person without regard to political or other affiliation. During his or her tenure the city manager shall reside within the city. (Ord. 76-2792, 1-2-1976) Section 4.02. Accountability; Removal. A. The city manager is under the direction and supervision of the council and holds office at its pleasure. unless otherwise provided by contract, a city manager removed by the council is entitled to receive termination pay of not less than two months' salary, computed from the date of the resolution of removal. B. Upon the resignation or removal of the city manager, the council shall appoint an individual qualified to perform the duties of city manager to serve at the pleasure of council or until a city manager is appointed. (Ord. 76-2792, 1-2-1976) Section 4.03. Absence; Disability Of City Manager. The city manager may designate a qualified city employee as acting city manager to perform his or her duties during a temporary absence or disability. If the city manager does not make such a designation, the council shall appoint a qualified city employee to perform the duties of the city manager until he or she returns. (Ord. 76-2792, 1-2-1976) Section 4.04. Duties Of City Manager. A. The city manager shall be chief administrative officer of the city and shall (1)Insure that the laws of the city are executed and enforced. (2)Supervise and direct the administration of city government and the official conduct of employees of the city appointed by the city manager including their employment, training, reclassification, suspension or discharge as the occasion requires, subject to state law. (3)Appoint the chief of the police department and the chief of the fire department with the approval of the city council. PAGE 8 2014-15 REVIEW (4)Supervise the chief of the police department and chief of the fire department, including their suspension or discharge as the occasion requires. Such supervision shall not be subject to approval of the city council. (5)Appoint or employ persons to occupy positions for which no other method of appointment is provided by state law or this charter. (6)Supervise the administration of the city personnel system, including the determination of the compensation of all city employees appointed by the city manager subject to state law or this charter. (7)Supervise the performance of all contracts for work to be done for the city, supervise all purchases of materials and supplies, and assure that such materials and supplies are received and are of specified quality and character. (8)Supervise and manage all public improvements, works and undertakings of the city, and all city -owned property including buildings, plants, systems, and enterprises, and have charge of their construction, improvement, repair and maintenance except where otherwise provided by state law. (9)Supervise the making and preservation of all surveys, maps, plans, drawings, specifications and estimates for the city. (10)Provide for the issuance and revocation of licenses and permits authorized by state law or city ordinance and cause a record thereof to be maintained. (11)Prepare and submit to the council the annual budgets in the form prescribed by state law. (12)Provide the council an itemized written monthly financial report (13)Attend council meetings and keep the council fully advised of the financial and other conditions of the city and its needs. (14)See that the business affairs of the city are transacted in an efficient manner and that accurate records of all city business are maintained and made available to the public, except as otherwise provided by state law. 15)Provide necessary and reasonable clerical, research and professional assistance to PAGE 9 2014-15 REVIEW boards within limitations of the budget. (16)Perform such other and further duties as the council may direct. (Ord. 05-4152, 3-1- 2005) B. The city manager, in performing the foregoing duties, may: (1)Present recommendations and programs to the council and participate in any discussion by the council of any matters pertaining to the duties of the city manager. (2)Cause the examination and investigation of the affairs of any department or the conduct of any employee under supervision of the city manager. (3)Execute contracts on behalf of the city when authorized by the council. (Ord. 85- 3227,3-12-1985) Section 4.05. Ineligibility; Prohibited Acts. Except for the exercise of the right to vote, the city manager shall not take part in any election of councilmembers. This prohibition shall in no way limit the city manager's duty to make available public records as provided by state law or this charter. (Ord. 76- 2792, 1-2-1976) ARTICLE V. BOARDS, COMMISSIONS AND COMMITTEES Section 5.01. Establishment. A. With the exception of the citizens police ruiaens review board, the council may establish boards in addition to those required by state law and shall specify the title, duties, length of term, qualifications of members and other appropriate matters. The council may reduce or increase a board's duties, transfer duties from one board to another or dissolve any board, except as otherwise provided by state law or this charter. B.--A,There shall be a permanent citizens police eitizens review board, which shall have vested in it the following minimum powers: PAGE 10 2014-15 REVIEW 1. To hold at least one community forum each year for the purpose of hearing sitize+is' views on the policies, practices, and procedures of the Iowa City police department, and to make recommendations regarding such policies, practices, and procedures to the city council; 2. To investigate citizen claims of misconduct by sworn police officers and to issue independent reports of its findings to the city council; and 3. The authority to subpoena witnesses. (Res. 07-262, 8-31-2007) Section 5.02. Appointment; Removal. The council shall, subject to the requirements of state law, seek to provide broad representation on all boards. The council shall establish procedures to give at least thirty days' notice of vacancies before they are filled and shall encourage applications by citizens. Council procedures for the removal of members shall be consistent with state law. (Ord. 05-4152, 3-1-2005) Section 5.03. Rules. A. The council shall establish rules and procedures for the operation of all boards, which must include but are not limited to, the adoption of by-laws and rules pertaining to open meetings and open records. (Ord. 05-4152, 3-1-2005) B. The council shall specify, for each board, methods for informal and formal communication with council, time schedules for the completion of reports requested by council and such rules as it deems appropriate. C. A board may establish additional rules and procedures that are consistent with state law, council rules, and this charter. (Ord. 76-2792, 1-2-1976) ARTICLE VI. CAMPAIGN CONTRIBUTIONS AND EXPENDITURES PAGE 11 2014-15 REVIEW Section 6.01. Limitations On The Amount Of Campaign Contributions. The council, by ordinance, shall prescribe limitations on the amount of campaign contributions made to a candidate for election to council by a person as defined in this charter. (Ord. 95-3671, 3-28-1995) Section 6.02. Disclosure Of Contributions And Expenditures. The council, by ordinance, may prescribe procedures requiring the disclosure of the amount, source and kind of contributions received and expenditures made by (1) each candidate for election to council and (2) any and all other persons, for the purpose of aiding or securing the candidate's nomination or election. (Ord. 05-4152, 3-1-2005) Section 6.03. Definition. Within this article "contribution" shall be defined as that term is defined in chapter 68A ("campaign finance") of the code of Iowa. (Ord. 05-4152, 3-1-2005) Section 6.04. Violations. The council, by ordinance, shall prescribe: (1) penalties for the violation of the contribution limitations and disclosure requirements it establishes pursuant to this section; and (2) when appropriate, conditions for the revocation of a candidate's right to serve on council if elected, consistent with state law. (Ord. 05-4152, 3-1-2005) ARTICLE VII. INITIATIVE AND REFERENDUM Section 7.01. General Provisions. A. Authority. (1)lnitiative. The qualified electors have the right to propose measures to the council and, if the council fails to adopt a measure so proposed without any change in substance, to have the measure submitted to the voters at an election. (2)Referendum. The qualified electors have the right to require reconsideration by the PAGE 12 2014-15 REVIEW council of an existing measure and, if the council fails to repeal such measure, to have it submitted to the voters at an election. (3)Definition. Within this article, "measure" means all ordinances, amendments, resolutions or motions of a legislative nature, however designated, which (a) are of a permanent rather than temporary character and (b) include a proposition enacting, amending or repealing a new or existing law, policy or plan, as opposed to one providing for the execution or administration of a law, policy or plan already enacted by council. B. Limitations. (1)Subject Matter. The right of initiative and referendum shall not extend to any of the following: (a) Any measure of an executive or administrative nature. (b) The city budget. (c) The appropriation of money. (d) The levy of taxes or special assessments. (e) The issuance of general obligation and revenue bonds. (f) The letting of contracts. (g) Salaries of city employees. (h) Any measure required to be enacted by state or federal law. (i) Amendments to this charter. (j) 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. PAGE 13 2014-15 REVIEW (2)Resubmission. No initiative or referendum petition shall be filed within two years after the same measure or a measure substantially the same has been submitted to the voters at an election. (3)Council Repeal, Amendment And Reenactment. No measure proposed by initiative petition and adopted by the vote of the council without submission to the voters, or adopted by the voters pursuant to this article, may for two years thereafter be repealed or amended except by a vote of the people, unless provision is otherwise made in the original initiative measure. No measure referred by referendum petition and repealed by the vote of the council without submission to the voters, or repealed by the voters pursuant to this article, may be reenacted for two years thereafter except by vote of the people, unless provision is otherwise made in the original referendum petition. C. Construction. (1)Scope Of Power. It is intended that this article confer broad initiative and referendum powers upon the qualified electors of the city. (2)Initiative. It is intended that (a) no initiative petition will be invalid because it repeals an existing measure in whole or in part by virtue of proposing a new measure and (b) an initiative petition may amend an existing measure. (3)Referendum. It is intended that a referendum petition may repeal a measure in whole or in part. D. Effect Of Filing Petition. The filing of an initiative or referendum petition does not suspend or invalidate any measure under consideration. Such measure shall remain in full force and effect until its amendment or repeal by council pursuant to section 7.05A or until a majority of the qualified electors voting on a measure vote to repeal or amend the measure and the vote is certified. E. City Obligations. An initiative or referendum vote which repeals an existing measure in whole or in part does not affect any obligations entered into by the city, its agencies or any person in reliance on the measure during the time it was in effect. (Ord. 05-4152, 3-1-2005) Section 7.02, Commencement Of Proceedings; Affidavit. PAGE 14 2014-15 REVIEW A. Commencement. One or more qualified electors, hereinafter referred to as the "petitioners," may commence initiative or referendum proceedings by filing with the city clerk an affidavit stating they will supervise the circulation of the petition and will be responsible for filing it in proper form, stating their names and addresses and specifying the address to which all relevant notices are to be sent, and setting out in full the proposed initiative measure or citing the measure sought to be reconsidered. B. Affidavit. The city clerk shall accept the affidavit for filing if on its face it appears to have signatures of one or more qualified electors. The city clerk shall issue the appropriate petition forms to the petitioners the same day the affidavit is accepted for filing. The city clerk shall cause to be prepared and have available to the public, forms and affidavits suitable for the commencement of proceedings and the preparation of initiative and referendum petitions. (Ord. 05-4152, 3-1-2005) Section 7.03. Petitions; Revocation Of Signatures. A. Number Of Signatures. Initiative and referendum petitions must be signed by qualified electors equal in number to at least twenty-five percent of the number of persons who voted in the last regular city election, but such signatures shall be no fewer than two thousand five hundred qualified electors. Any petition that does not, on its face, contain the minimum required signatures defined herein shall be deemed insufficient for filing under this article, and no supplementary petition shall be permitted. (Ord. 90-3462, 6-26-1990) B. Form And Content. All papers of a petition prepared for filing must be substantially uniform in size and style and must be assembled as one instrument. Each person signing shall provide, and the petition form shall provide space for, the signature, printed name, address of the person signing and the date the signature is executed. The form shall also provide space for the signer's birthdate, but a failure to enter a birthdate shall not invalidate a signer's signature. Petitions prepared for circulation must contain or have attached thereto throughout their circulation the full text of the measure proposed or sought to be reconsidered. The petition filed with the city clerk need have attached to it only one copy of the measure being proposed or referred. C. Affidavit Of Circulator. Each paper of a petition containing signatures must have attached to it when filed an affidavit executed by a qualified elector certifying: the number of signatures on the paper, that he or she personally circulated it, that all PAGE 15 2014-15 REVIEW signatures were affixed in his or her presence, that he or she believes them to be genuine signatures of the persons whose names they purport to be and that each signer had an opportunity before signing to read the full text of the measure proposed or sought to be reconsidered. Any person filing a false affidavit will be liable to criminal penalties as provided by state law. (Ord. 05-4152, 3-1-2005) D. Time For Filing Initiative Petitions. Signatures on an initiative petition must be secured and the petition filed within six months after the date the affidavit required under section 7.02A was filed. (Ord. 85-3227, 3-12-1985) E. Time For Filing Referendum Petitions. Referendum petitions may be filed within sixty days after final adoption by the council of the measure sought to be reconsidered, or subsequently at any time more than two years after such final adoption. The signatures on a referendum petition must be secured during the sixty days after such final adoption; however, if the petition is filed more than two years after final adoption, the signatures must be secured within six months after the date the affidavit required under section 7.02A was filed. (Ord. 05-4152, 3-1-2005) F. Revocation Of Signature. Prior to the time a petition is filed with the city clerk, a signatory may revoke his or her signature for any reason by filing with the city clerk a statement of his or her intent to revoke his or her signature. After a petition is filed a signatory may not revoke his or her signature. The city clerk shall cause to be prepared and have available to the public, forms suitable for the revocation of petition signatures. (Ord.85-3227, 3-12-1985) Section 7.04. Procedure After Filing. A. Certificate Of City Clerk; Amendment. Within twenty days after a petition is filed which contains the minimum required signatures, as set forth in section 7.03.A above, the city clerk shall complete a certificate as to the petition's sufficiency. If the petition is insufficient, the clerk's certificate shall specify the particulars wherein the petition is defective. The clerk shall also promptly send a copy of the certificate to the petitioners by registered mail. A petition certified insufficient may be amended once, provided, however, that one or more of the original petitioners files a notice of intention to amend the original petition. Such notice must be filed with the city clerk within two days after receiving a copy of the certificate, and the petitioner also must file a supplementary petition upon additional papers within fifteen days after receiving a copy of such certificate. Such supplementary petition shall comply with the requirements of PAGE 16 NIM Fyl;NTMA49 subsections B and C of section 7.03. Within fifteen days after a supplementary petition is filed, the city clerk shall complete a certificate as to the sufficiency of the petition, as amended and supplemented, and shall promptly send a copy of such certificate to the petitioners by registered mail, as in the case of an original petition. If a petition or amended petition is certified sufficient, or if the petition or amended petition is certified insufficient and one or more of the petitioners do not request council review under subsection B of this section within the time prescribed, the city clerk shall promptly present the certificate to the council. B. Council Review. If a petition has been certified insufficient by the city clerk and one or more of the petitioners do not file notice of intention to amend it, or if an amended petition has been certified insufficient by the city clerk, one or more of the petitioners may, within two days after receiving a copy of such certificate, file with the city clerk a request that it be reviewed by the council. The council shall review the certificate at its next meeting following the filing of such a request, but not later than thirty days after the filing of the request for review, and shall rule upon the sufficiency of the petition. C. Court Review. To the extent allowed by law, court review of the council's actions shall be by writ of certiorari. (Ord. 05-4152, 3-1-2005) D. Validity Of Signatures. A petition shall be deemed sufficient for the purposes of this article if it contains valid signatures in the number prescribed by section 7.03 and is timely filed, even though the petition may contain one or more invalid signatures. A signature shall be deemed valid unless it is not the genuine signature of the qualified elector whose name it purports to be, or it was not voluntarily and knowingly executed. A valid signature need not be in the identical form in which the qualified elector's name appears on the voting rolls, nor may a signature be deemed invalid because the address accompanying the name on the petition is different from the address for the same name on the current voting rolls if the qualified elector's birth date is provided and is shown on the voting rolls. (Ord. 95-3671, 3-28-1995) Section 7.05. Action On Petitions. A. Action By Council. When an initiative or referendum petition has been determined sufficient, the council shall promptly consider the proposed initiative measure or reconsider the referred measure. If the council fails to adopt a proposed initiative measure and fails to adopt a measure which is similar in substance within sixty days, or if the council fails to repeal the referred measure within thirty days after the date the PAGE 17 2014-15 REVIEW petition was finally determined sufficient, it shall submit the proposed or referred measure to the qualified electors of the city as hereinafter prescribed. If at anytime more than thirty days before a scheduled initiative or referendum election the council adopts the proposed initiative measure or adopts a measure which is similar in substance or if the council repeals a referred measure, the initiative or referendum proceedings shall terminate and the proposed or referred measure shall not be submitted to the voters. B. Submission To Voters. (1) Initiative. The vote of the city on a proposed measure shall be held at the regular city election or at the general election which next occurs more than forty days after the expiration of the sixty day period provided for consideration in section 7.05A, provided that the initiative petition was filed no less than 110 days prior to the deadline imposed by state law for the submission of ballot questions to the commissioner of elections. (2) Referendum. The vote of the city on a referred measure shall be held at the regular city election or at the general election which next occurs more than forty days after the expiration of the thirty day period provided for reconsideration in section 7.05A, provided that the referendum petition was filed no less than 80 days prior to the deadline imposed by state law for the submission of ballot questions to the commissioner of elections. The council may provide for a special referendum election on a referred measure any time more than 120 days after the filing of the referendum petition with the city clerk. C. Ballot. Copies of the proposed or referred measure shall be made available to the qualified electors at the polls and shall be advertised at the city's expense in the manner required for "questions" in section 376.5 of the Iowa Code. The subject matter and purpose of the referred or proposed measure shall be indicated on the ballot. (Ord. 05- 4152,3-1-2005) Section 7.06. Results Of Election. A. Initiative. If a majority of the qualified electors voting on a proposed initiative measure vote in its favor, it shall be considered adopted upon certification of the election results. The adopted measure shall be treated in all respects in the same manner as measures of the same kind adopted by the council, except as provided in section 7.016(3). If conflicting measures are approved by majority vote at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. PAGE 18 tlIIlE,5&1HXTJIXTAA B. Referendum. If a majority of the qualified electors voting on a referred measure vote in favor of repealing the measure, it shall be considered repealed upon certification of the election results. (Ord. 05-4152, 3-1-2005) Section 7.07. Prohibition On Establishment Of Stricter Conditions Or Requirements. The council may not set, except by charter amendment, conditions or requirements affecting initiative and referendum which are higher eF meFe stringent than those imposed by this charter. (Ord. 76-2792, 1-2-1976) ARTICLE VIII. CHARTER AMENDMENTS AND REVIEW Section 8.01. Charter Amendments. This charter may be amended only by one of the following methods: A. The council, by resolution, may submit a proposed amendment to the voters at a special city election, and the proposed amendment becomes effective when approved by a majority of those voting. B. The council, by ordinance, may amend the charter. However, within thirty (30) days of publication of the ordinance, if a petition valid under the provisions of section 362.4 of the code of Iowa is filed with the council, the council must submit the amending ordinance to the voters at a special city election, and the amendment does not become effective until approved by a majority of those voting. C. If a petition valid under the provisions of section 362.4 of the code of Iowa is filed with the council proposing an amendment to the charter, the council must submit the proposed amendment to the voters at a special city election, and the amendment becomes effective if approved by a majority of those voting. (Ord. 05-4152, 3-1-2005) Section 8.02. Charter Review Commission. PAGE 19 2014-15 REVIEW The council, using the procedures prescribed in article V, shall establish a charter review commission at least once every ten years following the effective date of this charter. The commission, consisting of at least nine members, shall review the existing charter and may, within twelve months recommend any charter amendments that it deems fit to the council. The council shall either exercise its power of amendment pursuant to section 8.018 of the charter on a matter recommended by the commission or submit such amendments to the voters in the form prescribed by the commission, and an amendment becomes effective when approved by a majority of those voting. (Ord. 05- 4152, 3-1-2005) CHARTER COMPARATIVE TABLE The home rule charter is set out in this volume as adopted by the voters on November 15, 1973, and by ordinance 76-2792, on January 2, 1976. The following table shows the disposition of amendments to the charter: Ordinance Number DateDisposition 77-2826 3-15-1977 6.01 77-2858 9-6-1977 7.05E 77-2864 9-6-1977 3.01 85-3227 3-12-1985 Definitions 7,8, 2.01, 2.03, 2.05_2.08, 3.013.03, 4.04, 5.02, 6.04, 7.01_7.05, 8.01, 8.02 85-3228 3-12-1985 6.02 85-3273 12-17-1985 2.01 90-3462 6-26-1990 7.03A,7.04A 95-36713-28-1995 2.0661 2.08C,E, 3.01A, 6.01, 7.04D 05-4152 3-1-2005 Definitions 11,12, 2.03, 2.05, 2.11, 2.12B, 3.01A, 3.02A, 4.04A, 5.02, 5.03A, 6.02, 6.03, 6.04, 7.01, 7.02, 7.03B,C,E, 7.04A,B,C, 7.05, 7.06, 8.01, 8.02 Res. 07-262 8-31-2007 5.01 Footnote 1: The home rule charter of the city, adopted by the voters of the city on November 15, 1973, and by ordinance 76-2792 on January 2, 1976, pursuant to I.C.A. section 372.9, is set out herein as adopted and amended.