HomeMy WebLinkAbout2-24-2015 Charter Review Commission ForumCHARTER REVIEW COMMISSION
COMMUNITY FORUM
AGENDA
TUESDAY, FEBRUARY 24, 2015
6:30 PM
CITY HALL, HARVAT HALL
410 East Washington St.
ITEM NO. 1 OPENING REMARKS BY CHAIR
ITEM NO. 2 INTRODUCTION OF COMMISSION MEMBERS
ITEM NO. 3 DISCUSSION OF RED LINED VERSION CHARTER
AND OPEN DISCUSSION OF CHARTER
• Accept correspondence
ITEM NO. 4 UPCOMING MEETING SCHEDULE (REVISED)'
• March 9�z
• March 24
[Commission work completed no later than April 1, 2015]
ITEM NO.5 ADJOURNMENT
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to its oftizens.
We, tr9f
Off wa C(f11. Z1. t t e Constitution and statutes of the
Stated incip se-depa ion, do hereby adopt this Charter and
confehe full i� rule ers of a charter city. By this action we adopt the
y. "��
following �ifftiples:�
1. ResidenYj lr;ticipatio Mn an inclusive basis in democratic self-government.
2. The provision`• i Tfe relating to the health, safety, and welfare of its
residents in a fair suitable and efficient manner.
3. The conduct of city business inconformity with due process, equal protection
under the laws, and those individual liberties protected by the Constitution of
the United States, the State of Iowa, and local ordinances.
4. Civility by city employees in their Interactions with the public.
DEFINITIONS
As used in this charter:
1. "City" means the city of Iowa City, Iowa.
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2. "City council' or "council' means the governing body of the city.
3. "Councilmember" means a member of the council, including the mayor.
4. "Shall' imposes a duty.
5. "Must" states a requirement.
6. "May" confers a power.
7. "Eligible elector" means a
8. "Qualified elector" means a
City' ram',`'' :'�,
.r>>a
9. "Board" includesa-board, a
10. "Pelson" means an to
political party, committei
11. "Ordinance"means a
12. "Measure", excepYas;pr'6vldei
�0� ,
resolution or motion. (Ore76-27
4152, 3-1-2005)
ARTICLE I. POWERS OF THE CITY
Section 1.01. Powers Of The City.
to re\g�ister;ta vote in Iowa
red to vote in Iowa
or other similar entity however
irm, partnership, corporation, company, association,
Dr legal entity.
V
of a general and permanent nature.
in article VII, means an ordinance, amendment,
!, 1-2-1976; amd. Ord. 85-3227, 3-12-1985; Ord. 05-
The city has all powers possible under the constitution and laws of this state. (Ord. 76-
2792, 1-2-1976)
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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 affectlother provisions or
applications of this charter. (Ord. 76-2792, 1-2-1976);�"? /
ARTICLE II. CITY COUNCIL
Section 2.01. Composition.
The city council consists of seven embers. As
\ e: r
as councilmembers at large, are to be morn
and three, to be known as district cQiincilm8m`
electors of their respective districts. Ali council
electors of the city at'lafee TDrd. 85 3273�12z:
Section 2.02.
article III, foU(p be known
electors of the city at large,
)e nominated by eligible
all be elected by the qualified
f ;
The c ,Wcil,, by ordinance, shall divide the crty_in o three council districts of substantially
equal popLlation. The e�dtstricts ar to be designated as council district A, council
district B, M ,council distriFt;C. (Ord 76,-2792, 1-2-1976)
Section 2.03.
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
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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 counciimembers 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 regulai city election. (Ord. 05-4152,
3-1-2005) �w
Section 2.06. Mayor.
A. Immediately following the beginning ollli
regular city election, the council shall meet a
mayor and mayor pro tem for a `',Cn of two
B. The mayor is a voting member of! a
presiding officer of th, ; Q(in l and itsppl
to the City Counci a.l`heayor shE
t an annual state of'' 1.4Y mese. (Ord.
C.The
3227,
Section
of councilmembers elected at the
f;among its members the
f'r,`�A5-3227, 3-12 1985)
resentative of the city,
e mayor may add items
no later than February 28
absence of the mayor. (Ord. 85-
All powers of the of ` v�e>fedd in the council, except as otherwise provided by state
law or this charter. (O 2C8;5 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)
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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.
The council may determine its own rules and
consistent with state law. (Ord. 76-2792,
Section 2.10. Vacancies.
The council shall fill a vacancy
law. (Ord. 76-2792, 1-2-1976)
Section 2.11.
Passage of
Section 2.
of its proceedings
office as provided by state
requires a majority vote of all the
�d by state law. (Ord. 05-4152, 3-1-
A. A councilmembermay nfold any other city office or be a city employee or elected
f.
county official while sefUingyoh the council nor hold any remunerated city office or
employment for at least ear 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)
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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 e+ty derle Johnson County Commii jq et of Elections a valid
petition requesting that his or her name be placed ortiiiballot for that office. Unless
,v\•
otherwise provided by state law, tThe petition m tb� filnot more than sixty
(6�} eighty-five (85) days nor less than kty-eig(i$ )days before the date of
the election. at,,d Unless otherwise provid State law, the tjon must be signed by
� ` C;
eligible electors from the candidate's dish) egual in number to a [ast two (2) percent
of those who voted to fill the same office at t p ( st reg ' city electiot, but not less
than ten (10) persons. (Ord. 05-4j-.�k"?3-1-2005)�,%
B. An eligible elector of the city may �coitie ,Vdidat8i o, an at -large council seat by
filing with the eityon Couomm� of ~ ,ions a petition
requesting that thEAc n Ida a name b � q,,e,ion t e h,�ot for that office. Unless
otherwise provide sate la � The petit Q 'must be filed not more than sixty five
sixt ei
(65) eighty-five (85) d y`i1r l�sih�t>, %ht Y- 68 g ( ) days before the date of
the election rand UYil�ss othek ise �bsr[( bs ate law, the petition must be signed
by eligible" electors equal in nur�r er to at le Two (2) percent of those who voted to fill
�4
the same office at the Ila rr ular�3f�y election, but not less than ten (10) persons. (Ord.
85-3227, 3-12-1985)��,'^
t<i
Section 3.02. Primary Electi®ri i
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 forthe 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)
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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 tbd;`qBbt as such. (Ord. 85-3227, 3-
12-1985)
= 2�
ARTICLE IV. CITY MANAGER
Section 4.01. Appointment, Qualifications = '
In appointing a city manager, the.council shall co� enly the qualif afidns and
o\ c \,
fitness of the person without regal o<po hical or of @\affiliation. During his or her
.n tenure the city managers reside ilhin ��t�ee�y. (Or �tiZ�6-2792, 1-2-1976)
Section 4.02.
A. The city manager isNIA .I c ion ari` supervision of the council and holds
office a1,,1,,t�s pleasur.: citQ . ger he council is entitled to receive
tern' n pay as p%ti, t!d b ' ptract ^'kF ^ �^ . ; 1., «.
B. Upon the resign>j We.,,
val of the city manager, the council shall appoint an
individual qualified toyhe duties of city manager to serve at the pleasure of
council or until a city manager s 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)
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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 an fhec fef of the fire department with
the approval of the city council.
(4)Supervise the chief of the police deparB6Qt and chief of the file'department,
including their suspension or discharge as the dccaslorl.fequires. Such. upervision shall
not be subject to approval of thEecfCy,council.
(5)Appoint or employ persons to occupy posif(pns for Which no other method of
appointment is proviAgO?te law orthis chaff ;
(6)Supervise the ad kiriNtration'bf the cit 'personnel system, including the
the c6rppPn�3t op;yof all city )nployees appointed by the city manager
(7)SupeNi§e the perform66ce of 6I ,Tontracts 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 ofspecified quality and character.
8 Su ervise and man""eall` ublic 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.
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(II)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 tran
that accurate records of all city business are mainta
public, except as otherwise provided by state law
(15)Provide necessary and reasonable c
boards within limitations of the budget.
(16)Perform such other and
2005)
B. The city manager, inpecf
(1)Present recatioi
discussion by,the councilof
(2)CaGthe exammatioh ai
conduct'ofJan y employee u
(3)Execute contracts on bel-
3227, 3-12-1985)
Section 4.05. Ineligibility;'P
as
an efficient manner and
made available to the
and professional assistance to
direct. (Ord?05-4152, 3-1-
council and participate in any
to the duties of the city manager,
if>fhe affairs of any department or the
of the city manager.
the city when authorized by the council. (Ord. 85-
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.
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A. With the exception of the community police citizens 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.
A: B. There shall be a permanent community police citizens review board, which shall
have vested in it the following minimum powers:
1. To hold at least one community forum each year fptfurpose of hearing citizens'
views on the policies, practices, and procedures of the Iowa City police department,.
and
2. To make recommendations regarding
city council.
icies, practices, and procedures to the
2. 3. To investigate citizen claims of misconduct by syI police officers and to issue
independent reports of its findings to the city council; ,
0?
-. 4. The authorityto s 6poWwitnesses.,(Res. 07 262, 8 31-2007)
�:
Section 5.02. Appomt�t; Removal
The council shall, subject to the requirements of state law, seek to provide broad
representation on all boards. Th council shall establish procedures to give at least thirty
days' notice of vacancies Before they a?e filled and shall encourage applications by
\Y
citizens reside . Council pr cedures for the removal of members shall be consistent
s�,` , o y
with state law. (Ord OS 41�i� 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.
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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
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 coui c'il'by a person as defined in this
charter. (Ord. 95-3671, 3-28-1995)
Section 6.02. Disclosure Of Contributions Ari jxpenditures
The council, by ordinance, may prescribe procedures rt Bring t ikI sure of the
amount, source and kind of contributions received ahM%xpenditures ale by (1) each
candidate for election to council aril (2) any and all other persons, for the purpose of
aiding or securing the candidate's no(nmation.;or election'(Ord. 05-4152, 3-1-2005)
Section 6.03. Deft
Within this
as that term is defined in chapter36
FC Oti`.
68A ( ca h?pign finance") of the code o Ia. a.
1
�}ge�l,,
Section 6 d4,Violations. \ \ \
The council, by ordinance, shall,presa ibe: (1) penalties for the violation of the
contribution limitations andisclosure 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)Initiative. The .,=44f a eligible electors have the right to propose measures to the
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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 -eligible electors have the right to require reconsideration
by the council of an existing measure and, if the council fails to repeal such measure, to
have it submitted to the voters at an election.
(3)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) incl�A. proposition enacting,
amending or repealing a new or existing law, policy oxr [�1% as opposed to one providing
for the execution or administration of a law, poli%, la%r already enacted by council.
B. Limitations.
(1)Subject Matter. The right of in't' tive and
following: t
(a) Any measure of an exec
z::...•::>.
(b) The city budget::;
(c) The a , r } �`tion of n c
(d) The levy of taxes
(e) The issuance;ofg
(f) The letting of con
(g) Salaries of city employees.
140
I assessments.
it ation and revenue bonds.
not extehdjo any of the
(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.
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(k) Public improvements subsequent to city council action to authorize acquisition of
property for that public improvement, or notice to bidders for that public improvement,
whichever occurs earlier. "Public improvement" shall mean any building or construction
work.
(2)Resubmission. No initiative or referendum petition shall be filed within two years
after the same measure or a measure substantially the same has been submitted to the
voters at an election.
(3)Council Repeal, Amendment And Reenactment. N.>'" sure proposed by initiative
petition and adopted by the vote of the council V¢j mission to the voters, or
adopted by the voters pursuant to this article : or two years thereafter be repealed
or amended except by a vote of the peopliess provision is otherwise made in the
original initiative measure. No measure ref"� ed by referendum petition and repealed
by the vote of the council without submissiorlhe v , or repeah the voters
pursuant to this article, may be rf#�gcted f e�hereafter except, y vote of the
people, unless provision is other i ei e I the o I l referendum petition.
C. Construction.
(1)Scope Of Power
o s;
this artic e confer broad initiative and referendum
powers upon the c, I l lir�fl)iC electors of�the city.
(2)lnitiative. It is ini ndecl tha (a) no initiativepetition will be invalid because it repeals
an existing measure in whole or n<p�rt by virtue of proposing a new measure and (b) an
initiative petition may amencl;�n ex sti g measure.
(3)Referendum. It is.intendeat a referendum petition may repeal a measure in
whole or in part. Xg
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 7.051A1
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
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or any person in reliance on the measure during the time it was in effect. (Ord. OS-4152,
3-1-2005)
Section 7.02. Commencement Of Proceedings; Affidavit.
A. Commencement. One or more qualified electors, hereinafter referred to as the
"petitioners," may commence initiative or referendum proceedings by filing with the
city clerk an affidavit stating they will supervise the circulation of the petition and will be
responsible for filing it in proper form, stating their names and addresses and specifying
the address to which all relevant notices are to be sent, , '" .setting out in full the
proposed initiative measure or citing the measure sou' . fo be reconsidered.
B. Affidavit. The city clerk shall accept the affi ' 't'forfiling_Qits face it appears to
have signatures of one or more qualified e�«g o s. The city cl rlh. all issue the
appropriate petition forms to the petition'dt
filing. The city clerk shall cause to be prepared
and affidavits suitable for the con riencement
initiative and referendum petitions`,(Cird,',05-4
Section 7.03.
A. Number Of
and
same day the affi tiv t is accepted for
d have available to Moublic, forms
ings and the p`re'p'aration of
must be signed by
twenty-five percent IZALof the
election, but such signatures of
aualine two thousand five
m
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. T''^^'^�-sha='raise
N, yr w.. e�,u ee �u• .�..-...b..... .. .... ........... ......--. ._..-.. ..-_. � _..-. .. ...._ ..
n�•^l,,.o date a s gner3 signature.Petitions prepared for circulation must contain or have
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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 -an yuaUfled-eligible elector
certifying: the number of signatures on the paper, that he or she personally circulated it,
that all signatures were affixed in his or her presence, that he or she believes them to be
genuine signatures of the persons whose names they purport to be and that each signer
had an opportunity before signing to read the full text ofAe 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,<3-12005)
i
D. Time For Filing Initiative Petitions. Signs � es on an initiative petition must be
it
secured and the petition filed within six mon' (ter tttejate the afhdd�y\ required
under section 7.021AI was filed. (Ord; 85-3227 3 12=1985)
E. Time For Filing Referendum
days after final adoption by th
subsequently at any time mor
on a referendum petition mus
adoption; ho&eyer, if the pet!
a'r-M
F. Revocatidr4ot�ognaiure.
IN
signatory may revoke his or
statement of his or her inter
signatory may not revoke
and have available to the j
(Ord. 85-3227, 3-12-1985)
eferendum petitions may be filed within sixty
the measures uo g�tao be reconsidered, or
jeais after such final adoption. The signatures
i during the sixty days after such final
inore:than two years afterfinal adoption, the
hths after the date the affidavit required under
5-4152, 3-1=LUUSI
to the: time a petition is filed with the city clerk, a
signature for any reason by filing with the city clerk a
revoke his or her signature. After a petition is filed a
her signature. The city clerk shall cause to be prepared
forms suitable for the revocation of petition signatures.
Section 7.04. Procedure After Filing,
A Validity Of A Petition A petition Is valid if it contains the minimum required
signatures by eligible electors in the re uired form and with the required content and
accompanied by the Affidavit of Circulator as set forth in Section 7.03 The petition shall
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be examined by the city clerk before it is accepted for filing If the petition appears valid
on its face it shall be accepted for filing If it lacks the required number of signatures It
shall be considered invalid and returned to the petitioners. Petitions which have been
accepted for filing are valid unless written objections are filed with the city clerk within
five working days after the petition is received. ��{{���
A G t•t' of city(Teri A �s
d 4 \AI't L.'.. 1 •{}Bn-t, file (
111fed3lgn t F ti• t• � m I n� ., F....
the I —a-ce t-.°f eate-a , etl{i9n-is
t.,�f;�r�.:�: `I'•'- �I�-�. = _-^ ^:,_�`-'!:a}4 s�eeify-th
.�mafrssc+rnsams
o:..�. �.ru..,............. ..
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As of 2/10/15 mtg.
C. Court Review. To the extent allowed by law, court review of the Obiections
Committee's actions shall be by writ of certiorari.
r. C.._.. oo ,I...., T 4ec�tAlewed ti_,..or4aw, soc,+t-FeVi -Gf-te-c�..W&actSon —W4
Section 7.05. Action On
A. Action By Council. When an initiatly(
suffieientvalid, the council shall prompi
reconsider the refe�raff'imease If the
measure and fails tb'adopt a measure
if the council fails to
the Gualifi
more than thirty days before
adopts the proposed initlativ
substance or if the council re
proceedings shall terniin
submitted to the vote'P3i:
B. Submission To Voters.
)n has been determined
;ed initiative measure or
a proposed initiative
Aar in substance within sixty days, or
within thirty days after the date the
"hall submit the proposed or referred
f the clty~���hereinafter prescribed. If at any time
died„fled initiative or referendum election the council
ea u� r adopts a measure which is similar in
Is a referred measure, the initiative or referendum
the proposed or referred measure shall not be
(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 7.051A),
provided that the initiative petition was filed no less than 80140 days prior to the
deadline imposed by state law for the submission of ballot questions to the
commissioner of elections:
PAGE 18
2014-15 REVIEW
As of 2/10/15 mtg.
(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 7.05_(AL
provided that the referendum petition was filed no less than50-80 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 m
qualified electors at the polls and shall be adve
required for "questions" in section 376.5 of;im
purpose of the referred or proposed mea§dr6;
4152, 3-1-2005)
Section 7.06. Results Of Election.
A. Initiative. If a maj
measure vote in its<1
election results. The
manner a.st>rteast
section 7:01_(131(3
election, the one
extent of such co
of
ualifi
made available to the
d at the city's expense in the manner
a Code. The suhject matter and
be indicated on the ballot. (Ord. 05-
initiative
ooted'upon certification of the
ited in all respects in the same
the council, except as provided in
oved by majority vote at the same
the greatest number of affirmative votes shall prevail to the
B. Referendum. IM� ajority "�he qualified electors voting on a referred measure vote
in favor of repealingt& is ''re, it shall be considered repealed upon certification of
MO X
the election results. (000 -4152, 3-1-2005)
Section 7.07. Prohibition On Establishment Of Stricter Conditions Or Requirements.
The council shall Wray not set, except by charter amendment, conditions or
requirements affecting initiative and referendum, w4i gherorn;ar�-st agent
than those imposed by this charter. (Ord. 76-2792, 1-2-1976)
PAGE 19
2014-15 REVIEW
As of 2/10/15 mtg.
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 uners he provisions of section 362.4
of the code of Iowa is filed with the council, the c- it m t submit the amending
ordinance to the voters at a special city elect!� ,and the a dment does not become
effective until approved by a majority of thdsevoting.
C. If a petition valid under the provisions of section
with the council proposing an an4ndment to 44,
proposed amendment to the votws,;8t-A-special city
becomes effective if approved by a major1tV ofthos
Section 8.02. Charter;. evie'
p1)
The council, wing the ro e
commIssrar afleas oncee
The c6nmission, consrst�ng
and may, u)rthin twelveriior
to the council:`�The councils
section 8.01B d the charter
such amendments to,, the vQQ
amendment becomeff C
4152, 3-1-2005) "
is filed
the council mOst'submit the
and the amendment
Ord. 05-4152, 3-1-2005)
V, shall establish a charter review
'fen years foljoJJ;dg the effective date of this charter.
(least nine'members, shall review the existing charter
ra'end any charter amendments that it deems fit
eithe le) ercise its power of amendment pursuant to
a matter recommended by the commission or submit
in the form prescribed by the commission, and an
when approved by a majority of those voting. (Ord. 05-
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:
PAGE20
Ordinance
Number DateDisposition
77-2826 3-15-1977 6.01
77-2858 9-6-1977 7.056
77-2864 9-6-1977 3.01
85-3227 3-12-1985 Definitions 7,8,2,01, 2.03, 2.05_2.08, 3.01_3.03, 4.04, 5.02, 6.04,
7.01_7.05, 8.01, 8.02
85-3228 3-12-1985 6.02
85-3273 12-17-1985 2.01
90-3462 6-26-1990 7.03A, 7.04A\3'
�\
95-36713-28-1995 2.066, 2.08C,E, 3.01A, 6.01, 7r0�t�``'
05-4152 3-1-2005 Definitions 11,12, 2.03, 2.0 2.12B,'• 1A, 3.02A, 4.04A, 5.02,
5.03A, 6.02, 6.03, 6.04, 7.01, 7.02, 7.03B,C�A,B,C, 7.05,\�8.01, 8.02
Res. 07-262 8-31-2007 5.01\ 4 \\�\
Footnote 1: The home rule charte
November 15, 1973, and by ordin
section 372.9, is set outkierein as
an
the voters of the city on
1976, pursuant to I.C.A.
2014-15 REVIEW
As of 2/10/15 mtg.
m IN' KAI IA N N i "Ilk a MA �
IWAil m
M No 0 1
FEB 2 3 2015
Dear Charter Commission Members:
Reading the minutes of the Charter Commission's discussion about 'eligible'
v 'qualified' voters and the resulting decision to drop 'qualified', but concomitantly
increase the number of required signatures required to 5.33% of the present
population of Iowa City, leaves me with negative feelings about the Commission's
efforts to date. I hope this 5.33% idea has been discarded by the time of your
receipt of this correspondence and that a unanimous vote of the Commission will
also drop the word 'qualified.'
I am registered as Carol V. deProsse, but have many legal documents
referring to me as Carol W. deProsse, and I sign checks with no middle initial.
Despite these discrepancies I have been registered to vote since 1972 and have
voted in every City and other election since that time. Therefore, I could sign a
petition as Carol deProsse, which would be likely because until I actually looked, I
had forgotten that I was registered to vote as Carol V. deProsse, and my signature
would be tossed out. Many people go by nicknames and sign nearly everything
that way; it is entirely likely that they could sign their nickname on a petition
rather than the name on the voter registration list and have their name discounted
even though they were registered to vote. There are few signatures going on
petitions that are those of people not registered to vote, especially since people
signing are vowing that they are registered.
The decision to require 3,600 signatures appears to have been reached after
a protracted discussion that had everyone tossing around a bunch of figures until
the number of 3,600 was settled upon, without any apparent rationale other than
one member figured out that it represented the percentage of population that the
early 1970's Charter did when they chose the figure of 2,500. However, whatever
rationale they had for their figure can be found nowhere in the history of the
original Charter and I seriously doubt that those members would have said, "For
lack of any better reason, let's go with 5.33% of the population."
Furthermore, it was not comforting to listen to the tapes of your meetings
and hear one Commissioner say, "Oh wow, I was just going to throw darts! Laugh,
laugh", to find a number at which to place the number of required signatures. We
are talking about the Home Rule Charter, not the cartoon pages of the local papers,
and it is serious business to many of us; I would like to believe the Commission
found it that way, too.
All this monkeying around trying to settle on the number of signatures
required on petitions under Initiative and Referendum seems more than silly, given
that citizens can propose to amend the Charter on their own initiative by following
Chapter 372 of the Code of Iowa, which is entitled Organization of City
Government; it is the Chapter Code that grants Cities the authority to adopt a
Home Rule Charter; it also sets forth how a Home Rule Charter can be amended
other than by the calling of a Charter Commission. Chapter 372.11 is also included
in the Home Rule Charter under Article VIII.
372.11 AMENDMENT TO CHARTER:... 3. If a petition valid under
the provisions of section 362.4 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.
362.4 PETITION OF ELIGIBLE ELECTORS. If a petition of the
voters is authorized by the city code, the petition is valid if signed by eligible
electors of the city equal in number to ten percent of the persons who voted at the
last preceding regular city election, but not less than ten persons, unless otherwise
provided by state law. The petition shall include the signatures of the petitioners,
a statement of their place of residence, and the date on which they signed the
petition. The petition shall be examined before it is accepted for filing. If the
petition appears valid on its face it shall be accepted for filing. If it lacks the
required number of signatures it shall be returned to the petitioner. Petitions which
have been accepted for filing are valid unless written objections are filed with the
city clerk within five working days after the petition is received. The objection
process in section 44.8 shall be followed.
Ten percent of the number of persons who voted in the last City election
(10,936) would require 1,094 signatures on a petition to amend the Charter if one
were to be undertaken between now and the next City election. I would advise that
the Commission simply change the Charter to require ten percent of the persons
who voted at the last election and save citizens the effort and the City money by
not having to hold an election, to amend the Charter to read this way.
I can think of no reason for some Commission members trying so
strenuously to impede Iowa City voters' right to petition their government. If that
is your aim, it is also your responsibility to articulate such and have it recorded in
your minutes for any future reference.
And while you are about your business of updating the Charter, please
make the three district seats reflect the wishes of those living & voting in those
districts and not that of all voters across the City. This would be a much fairer way
of having district representation, which is currently diminished by the fact that
voters in other districts can conceivably outvote those living within the districts
and therefore elect the district Councilor against the desires of those living within
the district. Talk about making one's vote not count for anything ...
FEB 2 O 2015
Due to having surgery on the day before I will be unable to attend your
meeting on February 24.
Thank you.
Carol deProsse
Member of the Iowa City City Council 1973-1979
1401 Burry Drive
Iowa City, IA 52246-4534
319.337.0694
FED 2 3 2015
r
Marian Karr
From: Pam Michaud <iowastay@gmail.com>
gent: Monday, February 23, 2015 5:19 PM
i o: City Charter
Subject: Charter review of District voting and Petition, Referendum
Iowa City should have 5 Districts.
Each voter votes directly for only their own District's representative councilor plus 2 at -large candidates.
The whole city electorate could vote for two at -large candidates.
Eligible vs qualified voters to sign initiatives, petitions, etc.
New students and working adults arrive every year in Iowa City, but elections are not held yearly. Newcomers
may have moved into an apartment building and become part of their neighborhood, bought a condo or
residence, but not have registered to vote. They may learn much about some community issues.
Non -registered Iowa Citizens should be able to sign a petition or referendum to City Government.
Thank you,
Pamela Michaud
109 S. Johnson St.
Towa City, IA 52240
February 24, 2015
Statement for Final Forum of Charter Commission
The red -lined version of the Charter for tonight's discussion contains the
following words in the new version of the Preamble:
"We, the people of Iowa City, Iowa, pursuant to the Constitution and statutes
of the State of Iowa and the principle of self-determination, do hereby adopt
this Charter and confer upon it the full home rule powers of a charter city.
By this action we adopt the following principles (Point #3):
The conduct of citv business in conformity with due process, equal
protection under the laws, and those individual liberties protected
by the Constitution of the United States, the State of Iowa, and local
ordinances."
Yet, the text of the red -lined Charter persists in ignoring Chapter 362.4 of
the Code of Iowa regarding petitioning for Initiative and Referendum:
"the petition is valid if signed by eligible electors of the city equal in number to
ten percent of the persons who voted at the last preceding regular city
election, but not less than ten persons, unless
otherwise provided by state law. The petition shall include the signatures of the
petitioners, a statement of their place of residence, and the date on which they
signed the petition. The petition shall be examined before it is accepted for filing.
If the petition appears valid on its face it shall be accepted for
filing. If it lacks the required number of signatures it shall be returned to the
petitioner."
Kindly make the I & R congruent with Chapter 362.4 or abandon the false
promise of the Preamble. Keeping both intact would reveal the revised
Charter of the City of Iowa City to be simply the product of a year's long
effort to elaborately re-wordsmith an insincere public relations document
intended to preserve the status quo.
Caroline Dieterle
- 727 Walnut Street
- 319-338-8674
Marian Karr
From: Marian Karr
lent: Friday, February 20, 2015 9:45 AM
to: Marian Karr
Subject: FW: Regarding Qualified vs. Eligible
Attachments: City_Election_Participation_vs. Population_Growth,_lowa_City_(1970-2013).pdf
Iowa City Charter Review Commission,
First of all, I want to thank Steve Atkins, Karen Kubby, Melvin Shaw, Anna Moyers -Stone, and Adam Sullivan for their
votes at the January 27th Charter Review Commission meeting to change the "qualified elector' requirement to "eligible
elector" for persons signing Initiative and Referendum petitions. The decision to remove this anachronistic, discriminatory
and otherwise nonsensical requirement will undoubtedly make our city government more accessible to all Iowa City
residents who wish to appeal to our City Council for changes they feel will better our community.
However, at that same January 27th meeting it also was decided by vote that the "minimum" number of required
signatures would be increased from 2,500 to 3,600 based on population growth of Iowa City. This change is apparently
intended to compensate for any potential disruption of our city's delicate balance of power that could have been caused
by dropping the "qualified" requirement.
The increase in the required number of signatures to 3,600 is excessive, and the decision to base this increase on
population growth has no rational grounds. In fact, as I have researched the issue I have been unable to find a single
state or city that uses population growth as a guide for signature requirements. I have also attached a PDF of a graph I
created to illustrate the fact that population growth has absolutely nothing to do with voter participation in city elections.
collected the data from our county auditor's website, the Census Bureau website, and previous Charter Review
Commission meeting minutes.
Commission members at the January 27th meeting claimed they did not know on what the original writers of the City
Jharter were basing the minimum required number of signatures. Luckily, "clues" can easily be found in Section 7.03.A. of
our current City Charter, which requires signatures " 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." If the required number of signatures were based on population it would have read " ...equal in number
to at least 5,33% of the population of Iowa City at the time of the last Census... " (2,500 was 5.33% of the population of
Iowa City, 46,850 , when the Charter was passed).
I believe that the lack of increase in voter participation in city elections over the last 40+ years, as illustrated by the
attached graph, is directly related to the limitations our City Charter has placed on citizen participation. Looking at voter
turnout totals strongly indicates that it is the existence of issues on the ballot that drives voters to the polls for city
elections and not candidates. For example, the 2007 city election ballot included two very important issues, and we had a
record high for voter participation. However, the following city election in 2009 was a near record low and included no
special issues on the ballot. As I searched the county auditor's website, I found this to be a consistent pattern.
If the Charter Review Commission stands by it's vote to drop the "qualified elector" requirement, but continues to base the
number of required signatures on voter turnout in city elections rather than population growth, the result will be a self-
correcting mechanism, thereby making a statutory increase in the "minimum" number of required signatures unnecessary:
i.e., the very success of petitioners in raising voter turnout by proposing an issue for the ballot will make the job of
signature gathering for any succeeding petition harder, thus being a built-in self-correcting mechanism while still obeying
the Code of Iowa regarding petition signatures.
It would be a shame for the City of Iowa City to continue to limit democracy and citizen participation in local government
by continuing to require signatures from "qualified electors" only, and an even greater embarrassment for Iowa City to set
a precedent by basing signature requirements on something as illogical as population growth.
I strongly urge the Charter Review Commission to reconsider the ill-conceived change to the minimum number of
signatures, and adopt the petition process requirements as specified in Chapter 362.4 of the Code of Iowa .
hank you for your attention to this matter.
Martha Hampel
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