HomeMy WebLinkAbout3-9-2015 Charter Review CommissionCHARTER REVIEW COMMISSION
MEETING AGENDA
Monday, March 9,2015
7A5 AM
Helling Conference Room
410 East Washington Street
1. CALL TO ORDER
2. CONSIDER MOTION ADOPTING CONSENT CALENDAR AS PRESENTED OR
AMENDED
a Minutes of aieeting on 3/3115
3. REPORTS FROM MEMBERS AND STAFF
4, DISCUSSION AND VOTE ON RED -LINE VERSION CHARTER
5„ DISCUSSION AND VOTE ON REPORT OF THE COMMISSION
fflvffgwfil�,w,
7. TENTATIVE MEETING SCHEDULE - (7A5 AM t1wiless specified)
9 March 24 (if needed)
ICornrnissuon work completed no later than AprrV 1, 2015]
C>wtpi Review Coinaysskm
March 3, 201 5
P,arlp 'I
MINUTES
CHARTER REVIEW COMMISSION
MARCH 3, 2015 — 7:45 A.M.
Members Present:
Members Ai
Staff Present:
None
CALL TO ORDER:
Steve Atkins (via phone),
(via phone), i Shaw,
7:55), Dee Vanderhoef
Karrie Craig
Andy Chappell, Karen Kubby, Mark Schantz
Anna Moyers -Store, Adam Suilivan (arrived
Eleanor Dilikes, Marian Karr
Chairperson Chappell called the meeting to order at 7,45 A.M.
1 10 S I 1 0 11 , i ,, , RAW M19111"
a. Minutes o,f the Meetings on 012124/15 — Chappell welcorned everyone to the
meeting, noting that there are five Members present in person and two (Schantz
and Atkins) participating via phone. He then asked if there were any corrections to
either set of minutes, Ku,bby noted that on page I of the 2124/1,5 morning meeting it
states ''3,600 signatures and note 2,5010" instead of "net 2,5,00."
Vanderhoef moved to adopt the Consent Calendar as amended. Shaw seconded the
motion. The miotion carried 7-0, Sullivan and Craig absent.
Karr noted that Council just received correspondence frorn Judith PfaN regarding the Charter
Commission review process and distributed a copy for their inforrinatior. She stated that
aithough it was addressed to Council, she thought it might be helpful to the Commission as they
complete their review.
DISCUSSION OF THIRD PUBLIC FORll _angl.RE_VIEWRED-LINE Y_El _CHARTER-'
Chappell then, began a diSCUSslon of the public forurn recently held. He noted that Members
have a copy of Craigi's proposal in 'their meeting packet regarding initiative and referendum
signatures Chappell asked if any of the Members wif be unable to attend the Commission's
meeting scheduled for Mar& 9 Shaw noted that he is scheduled for a hearing in Scott County
that day, but that he has asked for a continuation and hopes to be, at the meeting Chappell
stated that either they can discuss Craig proposall at today's irreeting or they can wait until the
Wi' Fie noted that they need to wrap things up so they may want to go ahead and start the
Charter Review Coinniission
March 3, 2G16
Page 2
discussion today, Chappell asked if anyone had anyihing in particular from the public forum that
they would like to discuss
Chappeli then spoke to DOkes' memo regarding the conflict of interest issue. He stated that he,
does not believe mis is something they need to add to the Charter, that the State Code
adequately covers it Members discussed the issue, asking if there aren't regularly scheduled
reviews of City policies Dilkes noted that they are talking about several issues actually and that
many of therm are riot policies brit are State Code provisions. She noted that there is no regular
review schedule, but that policies are often reviewed as Issues arise She questioned if
requiring annual reviews, in thus case, would be belpful or not. Karr and Dilkes noted that
Council Members are presented information about conflict of interest issues during their
orientation process, and that they tend to be very diligent about conflicts, even perceived
conflicts Dilikes further explained how the Council handles these matters and responded to
Members' questions regarding such Kubby asked if anyone is interested in having some type
of generic statement added to the Charter on this issue Sullivan stated that while he thinks it
may be a goo,di idea, that since they, are this far along in the process he would prefer that they
not add this at this time. Ida added that he would have liked more feedback and wishes the
issue had been raised sooner. Kubby countered with the thought that this is then saying since
they did not hear overwhelming cv,nment on it that they shouldn't consider it. Sullivan stated
,that without more irriout from the Public, he would riot be in favor of this at this timer
Moyers -Stone said that while she really apprecmiled Ms. Murphy bringing the issue Lip, Dill
merino helped to alleviate much of her concern about the issue. Kubby stated that she sees this
as important, that it is a vital part of the local goverriment in terms of value, Shaw asked where
in the Charter sornething like this would go. Kubby responded that most likely it would be under
Article 2, City Council. She stated that 'Terms' might be the best seclion, by adding a new 2 05,
Chappell there asked if there was interest by the Cornirrission to addling as reference to this issue,
in the report: as one of those issues that was discussed but not fornially recommended. Karr
then clarified when the orientation process occurs, trial it is held as a 'body,' riot on an
individual' basis, arid she further explained ,.In orientation is held after each election (every two
years). Kubby asked if anyone else would be interested in adding a, piece to the Charter on U-iis
issue and no other Members expressed interest
Chappell then moved to the Preamble, noting that they did receive sorrif.', comments on this
sec.tion at the forum He asked if there was any desiire by Members to reconsider the Preamble,
specifically the first # 1 — Trot the government of lowa City belongs to all of its citizens and all
share the responsirbikty for it." Others noted what they took away from the conversation at the
forum regarding this, noting that the new version is rnore 'legal' sourcing irl nature. Kubby
stated that she would be open to going back to the original version, or in replacing the red -lined
#1 with the. originall #1. Sullivan incited that he thought the language could be Inserted prior to
the second sentence of the intro paragraph — "By this action we assert that the government of
Iowa City belongs to all its residents and adopt the following pnndples, ", but that he is also
receptive to Kubby's suggestion, He did riot find anything wrong with the original Prearrible, as
Kubby also stated. Shaw noted that his recolleciJon of this, is different, that Schantz created this
new Prearnble, as the group wanted !it to reflect a participatory form of government in the City of
Iowa City. He noted that Schantz presentied there with three different versions, back in August
and September, and that the group spent an, adequate amount of tinie on it. He is not for
gutting this Preamble as it Is currently written, as they had a particular reason for making such
changes to begin with. However, Shaw stated, that he is not opposed to adding the former #1,
but that lie thinks the 'resident participation on an inclusive basis and democratic sell
Chrirler Review
March 3, 2015
Page 3
governirriont is, really at the heart of why they spent a fair amount of time discussing it, He
believes it would be a disappointment at this point in the process to lust get rid of it.
Sullivan agreed, stating that he believes this to be a good defense for, the new Preamble.
Chappell asked if anyone truly wants to go back to the original version, and Kubby stated that
she believes the original: has a more 'grassroots flavor' to it. She added that she is not opposed
to the new version,, that she supported it to begiin with. Chappell trier asked who, besides
Kubby, wants to go back as opposed to making changes to the new Preamble. No one
responded. Fie then asked if Members are interested in working on the red -lined Preamble,
perhaps using Sullivan's suggestion Chappell suggested: 'We the people of Iowa City...State
of lowa..,the principle of self-determination, acknowledge that tire government of Iowa City
belongs to all of its residents, and all share the responsibility for 4, and do hereby adopt this
Charter and confer upon...' Members discussed Chappell's suggestions, agreeing that 'affirm'
sounds better. Dikes suggested proclaimmight work in this instance. After some discussion,
Members agreed to the Lise of"proclaim,' and inserting it between 'hereby' and 'adopt'—" do
hereby proclairn that the government of Iowa City belongs to all of its residents, and all share
the responsibility for it, and do hereby adopt..." Dilkes suggested that 'proclaim' go at the very
beginning - ,, proclairn . and do hereby adopt.' After continued discussion, Members agreed
to this change "We the peopiie of the City of dovva C'4 pilrso,'wit to the Cons6lutico and
Stafates of the State of Iowa, and the prio6pile of self-determination, proclairo that the
goverrinrent of Iowa Cdty hetongs to at/ of its rcsicjojats ar)(1 aY share the responsibility for iL We
hereby adopt this Chaqpr and confer upon it ffie full Home, Rule powers of a ChWteir City...."
Sdiantz explained why the change was made here to begin with questioning in what sense the
government belongs to its citizens He added that it is about participation, not ownership.
Sullivan moved to accept the wording
"We the people of the City of Iowa City pursuant to the Constitution and Statutes
of the State of Iowa, and the principle of self-determination, proclaim that the
government of Iowa City belongs to all of its residents and all share the
responsibility for it. We hereby adopt this Charier and confer upon it the full
Honie Rule powers of a Charter City...
for the Preamble as discussed. Kubby seconded the motion. The motion carried 7-1,
Schantz in the negative and Craig absent.
Next the issue, ol'true districts' was discussed. Kubby stated she believes true districts will
increase the diversity of candidates and will change some of the politicall strategies of a race.
She clarified her belief having three 'true districts' and a majority (four) of at -large will give snore
diversity to the candidate pool Members began to discuss this proposal, asking Kubby to
further explain her reasoning behind these, ideas. Sullivan stated that he agrees it would
change elections and would most likely bring a larger candidate pool Chappell noted that they
did get some feedback at the forum on this issue, but that most of what they heard was rvothing
new. I -le personally was not swayed by any of the arguments given. Chappell continued to
explain why he is not necessarily in favor of having 'true districts,' stating that he does not see
the need for this at this time. Kubby again shared her reasoning behind warning to make a
change here, rioting that it may take two or three cycles before change is seer but that she
believes it can. Shaw spoke to how this type of arrangement may become a self-fulfilling
prophecy.
The discussion continued, with Sullivan slating that he believes they would see districts where �
group of people inside that district may be able to sway a district race, where they would not be
able to do this with a citywide race. He added that he does believe that in a district set-up,
Charrer Review Cornimission
March 3, 2015
Piage 4
people feel that their vote matters more and that it can give residents in that district more buy -in.
Shaw stated that though there is some merit to what Sullivan !is saying, lie questioned their
timeframe in changing course at this time, He spoke to how the Charter is currently worded
"The Council shall divide the ("Ity Into three council districts of substantially equall population,.."
and qUeet0ned if they haive time to do this if true districts were considered. Kubby stated that
she had previously Suggested language of what would change, and that the only other thing that
would need to change is that the mayoral selection would need to be from the at -large
candidates versus a district. Vanderhoef spoke to this issue, stating that she cannot recall
many, if any, issues that didn't affect the entire city, versus just a district. Sullivan stated that
this is probably because they have been electing at -large. Vanderhoef responded that she does
not necessarily agree with this. She spoke to the strength, of the neighborhood associations ire
eacir part of the city and! how these collectively bring issues of importance to the Council's
attention. Sullivan stated that he does not believe there is a perception that the neighborhood
associations are actually representative of their communities, He added that he does not even
know who his neighborhood representative is. He stated that the council, on the other hand, !is
perceived as having a lot of power over the way the City government works.
Kubby then spoke to the graph that they were given by Martha Harnpel, speaking about the
numbers when it comes to how many people actually vote. She stated that if the goal is
increased participation perhaps they should be open to changing their structure of government,
in order to, see if this is the issue. Kubby added that when time next Charter Review Commission
convenes in 10 years, they can review this voter participation trend and see if there are
dianges. Shaw stated that wrist appears to be iniii in KUbby's proposal is that it there were
to diverse nurnber of candidates, then voter participation would increase. He questioned if voter
participation may be reflective of the issues, or of sorneone's inclination to vote, or even other
factors altogether. Kubby again stated that if they make no changes, they can expect no
changes and that she believes the change may be a good thing. Members continued to
di&r',luss this issue with the majority believing that the current set-up Of four at -large and three
district seats is still best Chappell asked Atkins and Schantz if they had anything to add to the
discussion Schantz responded that he believes it's really too late in the process for then to
start making charges here, first of all. He stated that he has not been swayed thus far, but that
obtaining more data on voter participation would be, helpful. Schantz stated that he would most
likely riot support this Atkins asked what was proposed in the last red -line version, and it was
noted that no change was suggested for this, He asked for some clarification on what is being
proposed now. Atkins stated trot he really sees no reed for change at this time, that the current
systerl is good Kubby moved to change to two districts, using her proposed language,
and also that the mayor be selected fronri amongst, the at -large candidates, Sullivan
seconded the motion. The motion failed 2-6'9 Kubby and Suffivan in the positive, Craig
absent.
Chappell asked the Cornmission how they would like to proceed from here. Karr asked Atkins
and Schantz if they ww.Ad be participating electronically in the March ,Ir, rineefing, Both stated
that they would be participating electronically again. Shaw stated that if he is unable to aftend in
person, he will definitely participate electronically for as long as he is able. Merobers then
spoke to Craig's proposal, with, Chappell stating that he is not comfortable with it I -is stated that
the oirimloer has been the sarne, first of all, for 40 years, but that lie agrees it should be higher,
especially if increasing the number of people who can participate in the itiocess. He added that
he knows of no other city that allow,, just 'eligible' residents to sign such Petitions The 3,600
being proposed was, in his opinion, a compromise between those wanting to lower the number
and those wanting to raise the number frorn the original 2,500, Chappell noted that he would
Charter Review Commiroar-I
Mardi 3, 2015
Page 5
riot put a perceinitage amount in thie Charter language that having gust the required number of
signatures works here. He asked how others feel about this issue, Kubby stated that she would
support a motion to have it be a nurnber and to not have it ratcheted up based on population.
Sullivan stated that they need to remember that the Census takes place each decade, and the
Charter [Review Commission reconvenes each decade, and if changes are needed at that time
due to population changes, the next Commission can address this. Shaw stated that he is
leaning towards increasing this number to 3,600 and lie explained the reasoning behind his
decision. He addled that he would encourage everyone to be more participatory in elections, but
that he does not believe that increasing this number to 3,600 would be that imuch more difficult.
In response to questions, Dilikes stated she will address in a rrerTIO, State Code Section 362.4,
statiing that initiative and referendum is an addressed as part of the City's home rule authority
and is not part of state Ilaw, as had been discussed on, previous occasions: Shaw stated that
public perception is that this number was just grabbed Out of a hot,' with no thoughtful debate
given. Kuibby asked if Shaw is open to having it be just the flat 3,600 without the formula, and
he agreed he would be Moyers -Stone stated that she had nothing to add, and Chappell asked
both, Atkins and Schantz if they did Schantz stated that his position has been that they
basically want to increase participation. He added that he Would be agreeable to the 3,600 as
he sees it tied to the 'qualified' versus 'eligible' issue.
Members continued to debate the issue of whether to make a charge from the red -lined version
are have just the 3,600 number without the formula Moyers -Stone stated that the advantage of
having a flat runibef- would be that people would know exactly what the iequired number of
signatures is, versus having to know what a certain percentage of the city's population is at the
firne they begin a petition Vanderhoef stated that as long as this Corrnntssron has lin their
minutes how they arrived at this number, the niext Commission can use that rafionate in their
debate. Chappell stated that he does not personally want to leave the impression that there
was any great science behind how they arrived at this rurnber. He added that it was a
compromise arrived at after a debate where some wanted to lower the nuirriber, some wanted a
much higher ruirrIber, and some wanted to change at all. The 3,600 nUnifrer was one that five
Members could agree to Sullivan moved to set the number Of required signatures for
initiative and referendurn at 3,600, and strip the language connecting that number to the
U.S. Census, Section 7.03A. Shaw seconded the motion. The motion carried 8-0, Craig
absent, Sullivan added that he would support a lower nuiriber, but that lie made the motion in
the interest of cornprornise Vanderhoef suggested a note in the surnmary report that this
nurnbef- be reviewed at each 1 0-y,ear review. Chappelf stated Ihat he wrill rnake the changes
frorri today's discussions to both the report and to the red -fined version.
44 a pm
None
PUBLIC COMMENT;
Mairtha Hamrnpel addressed the corrnii'ission, stating that she originally had a lot to say about the
increased nuiriber of signatures but that she Would withincIld her cornments as she doubts it
would change anything She added that she does riot want to "e, this number increase
Flarniter stated that what she is more concerned about is that ura contacting the Auditor's office
she was told that Dee Varderlicef is riot even a registered voter. Karr noted that she is, Linder
the narne of Karen. Vanderhoef added that her legal name is Karen. Hempel stated that she
was surprised to bear this, and questioned Vanderhoel"S use of 'Dee' In official types of
Charner Review Convnsdon
March 3, 2015
Page 6
situations. After a brief discussion about Vanderhoef's appointment on the Commission, Kubby
added trial the Council appoints members to the Commission, that they do not appoint
themselves iin this situation. Hempel stated that the reason this was even an issue was that
there were Members of the Coinri-rission who were 'judging and being very critical' of those not
registered to vote.
Caroline Dieterle stated. that she was surprised to hear Kubby say the COUncil can appoint
people to this Commission whether they're registered to vote or not. Kubby stated that that is
what she said, but her understanding is that appointments are not predicated on registration
status Dieterle stated that if this is true, the very body that is overseeing this entire process and
speaking to the validity of signatures is being brought forward by a body that does not
necessarily have to be registered to vote itself, She added that she finds this absurd and that lit
is really quite 'dumb ' Show stated that this is not true
March 9 — Chappell stated the Cornmission would vote on reddined version, and vote or
final report, Chappell asked Mernbers to get any est•minute changes in as soon as
possible so they can be considered trait this meeting Schantz stated that in regards to
the Commission's final report, he. would hike to suggest under 'selection of the mayor'
that the language frorn, the guide be used that it is an issue of increasing the ability of
the mayor to lead The most rnportant idea behind election of the mayor, according to
Schantz, would be to improve the ability of the mayor to be a Ileader, and he asked that
anguage tcj, this effect be added
March 24 (if needed)
(Commission work completed no later than April 1, 2015)
Shaw moved to adjourn the meeting at 9:25 A.M., seconded by Sullivan. Motion carried
8-0, Craig absent,
Cha��ei RPv2ew C�)jruT�1�,,orj
lv3rch 3, 2015
Rage 7
mmmmz� I �111 �
EE�M,
2014,
. ....... . .
TIERM
. ..
.....
.. .........
.. ....
iNAME
EXP,
0
-4
0
0.
4
4
4+
.. . . ............ .. . —
411115
X
X
0/
X
x
x
x
x
x
x
x
x
x
x
x
Steve
E
Atkins
Andy
411115
x
x
x
x
x
X-
'xX
- x- ----
— x ......
Chappell
-Karrie
411115
x
X
x
x
x
—X....
x
"X'
"X,-
x
x
x
Craig
Karen -- -----.4d1d10
x
x
x
x -1---
x
X..
x .._....x
x..-
x
x
x
x
x
Kubby
Mark
411115
x
X
X
X
X
x
of
x
x
x
a
X-.
0/
X
x
Schantz
E
E
E
Melvin
4/1115
x
x
x
x
x
x
x
x
x
x
x
x
x
x lx
Shaw
.................
Anne
411M
X...
x
x
x
x
X
0/
X
X
X
X
X
01
X
X
Moyers
E
E
Stone
Adarn
X
x
x I
x
x
x
......
....
.........
X
x
x
x
Sullivan
bee
x
x
x
x
x
x
0,
x
xX
Vanderhoef
E
]
n- -- ---
---
111, —, 111111-
J
. - .,
....]
-- ,
.
-.- .... . ......................
X == Present
0 Absent
CIE = Absent/lExcused
NM:= No meefing
-,- "', Not a Member at this firne
4'h,100r Rmew
march 3, 2015
P'lge 8
Charter Review Commission
X = Present
0 = Absent
O/E AbsentlExcused
NM No meeting
--- = Not a Member at this tins
X1
City of Iowa City
Date, March 3, 201 5
To: Charter iReview Commission
Frorn: Eleanor U Dilkes, Dry Attorney
Re: Initiative and Referendum Petition Requirernents/lowa Code Section 362.4
I have on a number of occasions advised the Commission that Section 362.4 of the Iowa
Code entitled "Petition of Eligible Voters" does not govern or constrain the petition
reqUirerneints of Title V11 of the Charter (Initiative and Referendurn). The brief reason is
that Initiative and Referendum iis a creature of the City's horse rule authority and is not a
inafter of state law. The, slatutory analysis follows:
The first sentence of Iowa Code Section 362.4 states: "If a petitions of the voters is,
authorized by the city code, the petition is valid if signed by eligible electors of the city
equal lin number to ten percent of the persons who voted at the last preceding regular
electiori, but not less than ten persons, unless otherwise provided by state law."
Section 362 2 of the Iowa Code defines "city code" as "the city code of Iowa.'" Section
362.1 states "This chapter and chapters 364, 368, 372, 3,76, 380, 384, 388 and 392 may
be cited as the 'City Code of Iowa' An initiative arid! referendium petition is not authorized
by any of these chapters of the State Code, In the absence of Title Vil of the City Charter
citizen initiative and referendum would nor be available in Iowa City,
As a reminder, Wie Constitutional !issues were addiressed in my men-M to YOU of August 5,
2014, which concluded that the current requirernerns of the Charier as to who ri,my sign a
petition are constitutional. The change frorn "qualified" to "eligible"" is as well.
Cc.- Marian Karr
PAGE I
mommm
r-e,rpw+S4*ktY-fef
IN
i ��
\Ah" Hil" !,,a Ah) v
OlAM CI
,�dcoi Pats . . . I I I I I ... Uj, and
kfflovuu I
As of V3,hS mag.
d"1$F CCII'v�611aIr,11mmj l�f m,
()I'), 110d'urn hat II gwlernrincrIT M
I m ,IJJ I I Hl ffl`,jpon,,a'wIvy hor jr vve im rj)y
o I I lull homl, I'M povalb 01 a i hanut My By thi�,,
jmwwe
In in inounve III �icjrficici,ann t II I,ovvmnrwla
he provi,,imi (A' ;Mvic(, Okihll-', lo dw )('n0h, "'11'ely, IrIO lw l�m� of lIs;
e,lj&lnv, ii) a ktui, (,,qumbk, rIid 6,Nk I�W mmjmr,,�
by mildin I of airy in I,OI,f(,1'lmiy,,,/HIh duo jmou-,quai III
r,uriF n Ow bI"N", '1110 II wq, inflivufi,d HAm liw) pmIr Ied by flil, Fni'I'lIlIamin "d
in, i)[IfIpO 11i)(", fXlM fcwva, lwd f,rr,II cli chjnenc(^�
1 ( vIIII)" Iy ( ill!( ajijljklyiw, hi h(dr nfvm�,Amn,s HII, pubdi(
As used iin this charter:
I. "City'' nneans the city of Iowa City, Iowa.
PAGE
2014^15REV|EVV
Asof3/3/15rnAg,
2 "City couil or "council" rneans the governing body of the city.
4,"Sha||"imposes aduty.
S. "Must" staties a requirement.
6,"May/'confers apower.
l"8iQib|eelector" rneansape
J.o0ua|ifiedelector" nneansa
CityAdiNk
9."Bourd' includes
designated, °�,__
11'\Jnd|n
vnite|n|owaC
to vorrp In Iowa
similar entity hueever
pa�ffl&sh|p,corporation, cnnnpiny,aoodaUun,
|e8a|endry
uf^general and permanent nature,
12�"K4easune". inar1id*V|Lnnowrisanordinance, amendment,
resu|utjoI'll or /nohon�0�[7§-179Z.1-2'I976�wn)d.Ord O6'J2Z7,3'l2'l985;Ord- 05
4112,3'1'I005)
ARTICLE |, POWERS QFTHE CITY
Sectiou1.01. Powers OfThe City,
Thecity has all powers possible under the cmn,titutinnand laws ufthis sisi°.(Ard.76-
179Z,l-2'1976>
As of 3/3/15 rntg.
Section 1-02. Construction.
Tire grant nfpower D/the city under this charter isintended 0ubebroad; the noe"|ionnf
a specific power in this charter is not intended to be a limitation on the goneral powers
conferred inthis article. (0rd.76'279Z,1'Z-1976)
Section 1.03. Savings Clause.
It ariV PrOvision of this chartcr, or tinp application of this chaiter w any person or
Ci/turngarice ioheld inva|id.the invalidity shall not erprovisions ur
PA
app|icat|unsuf�hischadier,(0rUr76Z79Z,1'2'1976)d@0�r
ARTICLE 1111, CITY COUNGIL
Section 2.01, Composition.
The 6Lycounci|consists nfseve
azcounci|noembersatlarge, areI
and three, tobeknown asdistrict
electors ofthei[resoective disthc
p|ectursufthe c
Section 2.02,
85'3
||' foftoo be known,
| U ible olectorsofthe city w1large,
nominated hveligible
unc nnx*elected bythe quali8eU
nthree council Msirictsnfsubstantially
be, design~tedascouncil district &,council
To be eligible to h� elecAr , 41, to and to retain a council! postion, a person firrust be an
e|igib|es|ccturnf|omoChy,andJseekingmre|ectedtorcpresonLnonunci|district,
n)ustUeaneligible elector ofthat coun,i|disLriclf.(Ord 05~4152,3^1'2005)
Section 2�4.Terms.
81thehote|ectiuounderrhisch^der,w||sevencounci|rnembeoaoctubce|octed|the
cnonc||rne/nh*rfrnrncouncil district A,cuund|distri/±C.and the MoCouoci!rnennbers
at large who receive the greatest nuiriber of votes cast for councHnierriber at large are
PAGE
2014'15R[V|EVV
As of 3/3�15 rntg.
to serve for ternis of four years, and other asuncflirneniber5 are to serve for terms of
two years. Commencing at the next reQu|arcity election, and ata||subseQuontregular
city eiections, ail councilmembers eleCted to, fiii the Positions of those whose terms
expire shall beelected for termsnffouryears. (8rd76-279l'1-Z'l976)
Section 2,05. Compensation.
The council, by ordinance, strall prescrIbe the compensation of the mayor and the other
council n|ernbecThecouncil shall not adopt muchannrdinanceduring the nounthsof
Novennberand Orcernberimmediately following mr ye|rc1ivm(Ord 0$'4152,
3-1-2005� Pro
Section 2,06, Mayor.
A.immediately following the begioomk
oegu|arcity e|e(1inn,the ^uuxWshal|nneetail�|mayor arid mayor pro tein for a voksgif two Yea
B.The mayor isnvndnQno*rnboru
preddinQoffr,(~rnf
,c�he��iy�ounc|| rSN, Pr
C.Th
3,2
1985)
rail p ndDb%s.
AUpowers ofthe (
law urthis charter
Section 2.08, Appointments.
rnon8its I
3Z27,3, lZ
elected �tthe
aribeothe
o pne^extahveuf the city,
mayu/mayad�i/em�
�i noaterthan FcbruaryZ@
inOhecouod|,except *sniprovided bystroio
7'3'12-1985)
A.The cound|shall appoint rhe,iitynxana8er
*. The council sha(|appoint the city deri (Onj.8s'3227,3'1Z'1985|
C The council shalll appoint the. city attorney, (Ord. 95-3671, 3-28-1995�
PAGE
2014-15R[V|EVV
Asof3J3/l5mtg.
DThe couricil rhaH appoint all merribers of The city's boards, except as otherwise
provided hystate law, (Drd,D5'3IZ7,3 12'1985)
E. "The council shall fix the arnount of compensation, if any, of persons it appoints and
shall provide for rh*method ufcompensation nfother city employees All appointments
and promotions of city ernployees by city cmincil and city manager must be imade
according to job-nelated criteria and be consistent with nondiscriminatory and equal
employment opportunitystandards csiab|ishedporsuaoltolaw /0/d.9�'3V71,5'28-
Section 2.09.Rules; Records,
The covnd|may de1errnineits Own rules and
Consistent w|xhstale |aw,(Ord 76'2792,
Section 2.10.Vacancies,The council shall fill a vacancy o,cc
20( MIN M 4
A.Acound|no
tountyo8idm|while s��
pn1p|oy/ncritfor *tleast
of its proceedings
offi(e as provided by state
requires ° majority vote ufall the
/dbystate law. (Ord,ns-4I5Z,9-l'
cbyoffice orbcacitye"op|vyeeo,elected
Iothe cnunc||nurhold any remunerated city office o/
year u8e/leaving the council (Qrd,76'l792,1'I'1976)
8,VVidhtheexceptinnnfthrappointrnenKofthechiefnfthepo{icedepartmeritawd
chief of the fire department, which are subject to Hhni oval of The city councill, neilher
the coundil nor its rinc Tibers, rnay dictate, irl any ffldnne', the appointment or removal of
any person appointed by the city minagerr ll the council may express its views
tuthe city manager pertaining torh+mppuio<rnentnrremoval ufnuchemployee. (Ord
05'4151,3'1-I0O5)
2014'15HEV|[VV
C A councilniernber Inay not interfere with the supervi�ion or direction of any person
appointed hynrunder the control vfthe city noanager.(O/d, 76'279l1'2'1976)
Section 3.01. Nomination,
A. An eligible elector of a COUrICII di"rict may becorne a candidate for a COLincil district
seat b0|
petition requesting that his or her name be placed o allot for that office- 0III("o,
(651 " Ph days nor less than furty. g"'� MY (I F'H' I days before the date of
: ' P4
eltigiblin elecitors frorn the candidate's distal. rua� in number to two (2� percent
of [hose who voted to fill the sarne office at t st re city elect lut not less
U,Aneligible elector ofthe citymm"0
Ri 6hhrequesting that th nne
e la
ths NIce a t he la'
MUNRWROM
r�cfidiatN an t-|ar&e,ouod|seat by
o�'ape0U*It
�iflv �,lglO f6X) days before the date of
I tk`
n,bujnot less thanten (lV)persons. <Ord.
Ar|/there are mv,ethan'Mi*candidates 'for acounci|dlseat, apri,naryelection
must hefield for that seat with only Ore qualified electors ufthat council dIetricteligible
tovnterThenornesofthekvocandidatpsvvhnreceivethohighecLnunohmrofvotes in
the primary election are to be placed on the ballot for the reli city ek,,ction a,s
cpndidatesfor that council o~ut,(Ord 05-4152,3'2.-2005)
B, if there are Inore than twice as many candidates as there are at iarge prisitions to be
Red, \heresha||beaprimary election held unlrvs the cuundLbyordinance, chooses to
have arun-aff-e|ectinn,(O,d 85-3227,3'1.I'1985)
PAGE
2014'15REV|EVV
As of 3/3/15 rntg.
Section 3.013. Regular City Election,
AIn the regular city election, each council district seat up for election shall be listed
separately on the ballot and only the names of cansfic[aries nominated from that Council
district shaIll be listedi on the, ballot as candidates for that seat. However, Al qualified
dec1urswf1heckysha||beenddedtnvntehoreachcand|date,Thethreec*ooci|d)sthct
seats shail be designated on the ballot as council district A, council district B avid carrincil
district [ and each shall beelected atlarge
8.The a1large uuunc||rears shall bpdesignated on ll tas 5u(.h,(Ord.U5-3ZZ7,3-
1Z-19DS)
ARTICLE IV, CITY MANAGER
Section 4.01.Appointment;
|nappointing acity rnan^&eir, th
fitness *fthe per*vnmithouKre
tenure the city /naoaKershall rs
B,Upon the "e
individum|qualified tol
cound|nrunWocity m
|b;bnn.During his orher
isionufthe c*und|and hv|d,
counU||»enUUed1o/e�eivp
Pvn|afthe city niaoa8rr, the cnunci|sha||appoiotan
the dutksofcity mmnagertoserve at die pleasure of
Section 4,03. Absence; Disability Of City Manager.
Thecity manager May desiQoateaqualified city erno|oyeea.5acting city manager tn
perform firs or her" di.ities during a ternpoiary absence or disabifily. If the rity manager
does not make such a designation, the cournicfl shall appoint a qualified city employee to
per-furrnihuduties ofthocity rnana8erUntil lie urshe returns. (Ord,76-2792,l2-1978)
281415REVYEVY
As of 3/3/15 rntg
Section 4.04. Duties Of City Manager.
A. The city Manager shall be Chief administrative officeu ofthe city al,ld sliball:
(1)Insure that the Ilaws of the city are executed and enforced.
!Z}5upem4seandd|/ecttheadr*mistrst|unofdtyA*varnrnentandUheofficia|uunducruf
Ompioyees of the city appointed by the city manager inducting their ernployrn ent,
training, ^edassiho*bon.suspension urdischarge as the nccasionrequires, subject to
state law. ^sr&"
(3)\opointthe chiefufthe po|cedepartment un
the approval ofthe city council.
(4)5upmn/}`rthe chief ofthe poke dl
|odudingthe|/suspens|nnurdischarge as
not besubject toapprova|oi1h^ati"'our
(5)Apuuintoremploy prr�nns to
the fire department wfth
rvisionshaU
oother rnethodof
nne|system,including the
mkoyeesappointed bythe city manager
f g i tracts forwork io6edone for1heCity, supervise
upp|/����nUassure that such materials and suppUesare
ta|i1yand character
(D)Suee,visc i|npruve,"coB`munksand undertakings ufthe city,
and a||city-owned prupe��|ndud|n��no bui|din�p|aoi�,�yute^'aodenterpr|ses,and
have cha�zje of til concstructicir, improvement, tepair arid maintenance extept where
u\herwiseprovided hystate law
(9)Supervise the niaking andl preservation OfaIll ^urveys, maps, plans, drawings,
specihcation:avid estimates forthe cbyL
(IO)Provide for the issuance and revocation of ficLn%es and pern-ifts aUthorized by state
law wrcity ordinance andcause arecor0thereof tohemaintained.
2014-15 REVIEW
(11 >Prepare and submit to thr council the annual bUdgets in the ficern prescribed by
�tate law.
(13)Altend counciN rnecting.s and keep the council fully advised of the financW and other
condifiunyofthe city and its needs,
/14lSeethat the business affairs ofthe city are trans
that accurate records nfall city buWoessar*rn*in\ai
pub|ic,except asotherwise prnvidodbystate |*''d
(15lProvidenecessary and reasonable c
boards within |i,n|tmtionsoitire budget.
(l6)Pedb,m`uchother and furt s
2005) �����h,
B. The city rnanaper,
(1)Preoert,econn
discussionbt1hc
(Z)Ca
cond
(3)Executp
3227,J'1l
w^efficient manner and
made avai|mbletothe
rch and to
�rnayU|reCA, (Or65'4I5Z'3'1
ecuunci|and purbdpa1einany
affairs ofany department u/th(,,
enufthaCity manaQer.
yIhecity when authorized bythe covn`ii(O.d.*5'
Extcplfnrthrexennseofthedmhitovv\e'UhecityrnannQersha||nwt take Part inuny
e|ectiunufp*unci|'nennbeorThis pnohib|honshm||innoway |irnit the city manager's
duly to make available pubfic records as provided by state law or thi� charter, (Ord, 16-
2792,1'2'1976)
pAGE1O
2014-3.5 REVIEW
r, With the exception uf the cv'nrovmtypolice
*�4ee*review board, the council
may establish boards in aiddition to those required by state law and shall specrly the
title, duties, hength of term, qualifications of miernbers and other appropriate matters,
the cnunci|roayrpducen'increase mboard's dudes, transferduties from one board to
anotherurdisso|vtmnyh0nrd,euceptaouthe/w/iseprnvi6edbystate|a\wVrthischarter.
A'D There shnUbeapermmnwnt� mrcvnity police e44e*sreview board, which shall
have vested nitthe following minirnurnpmwen�
l Totold atleast one cnnr)nnun|tyfururneach year'
views oothe po|iciey,pratbces'and procedures,mW
Z Tomake recommendations regarding
city Council.
independent reports of its firidinigs
purpose nfhea,inQ+rtirn,os'
iC|typolice depmdL,nrot
|ic|es,practicu4�
dUres to the
police officers arid tnisa/e
law, ueektuprovi(jebroad
11
sha||estab|bhprocedures tnQ�matleast thi�y
Ae����fil|cdand sha||ancounoQeapplications by
unesfor Oheremoval o/mcrnbewOaf beconsistent
A.Thecouncil shall establish rules sndprocedures for the operation ofall board4which
nnuSt|ndudebutarenot|irn|tedtu'\headoptiuonfby'|uvxsand/u|espertm|ninQto
open meetings silo open records. /Qrd.O5'415Z,3'l'2u05)1
8�The cound|shaUsp°dFKfor each board, roethod^fro . informal and for ma|
communication with r.o(jil,cil, tirne schedules for ihe completion of reports reqUested by
council and suchrules asitdeems appropriate.
PAG[I1
2014'15KEV(EVV
As cif 3/3/15 rntg.
C.4buardmay estaL8ishadditional rules and procedures that are consistemwith state
law, council ru|e^,and this charter, (Ord.76-279l,1'2-l976)
Section 6,m1.Limitations OnThe Amount CuCampaign Contributions,
Thecound|'hyordinance, ohuUprescribe Urn| of campaign
contributions made tnacandidate for (fleCV*nt aperson asdefined inthis
charter, i0rd,95-3671,3-20'1995)
o
Section 6.012. Disclosure Of Contributions A W"Iff",
con
candidate for election tu courn'd a 5, for the purpose of
ql
Cod CW,
na|t�esfor thuvio|ati*oofthe
`o/u/.wuvm/xm/oa enLsiiesiaHishespursuant tuthis
section�and (z)vvheo ate,conditions for the revocation vfucandidate's right tu
serve oncnund|ifeiu^teCunostentWith state |mw,(0rd05'4l5Z'3'1'ZGO5)
ARTICLE VILW|TIAJ;VEAND REFERENDUM
Section 7.01, General Provisions.
A. Authority
P&GEt2
councll and, iif the council failk, to adopt a rYleaSUre so, proposed without any change in
substance, tohave the. measure submitted tothe voters atanelection.
!
�(Z)Ref«^endunnThe electors have the right torequire reconsideration
by the councH of an existing measure slid, if the, counul f:ails to repeal such measure, to
have itsubmitted tothe voters atanelection.
(3)Definition. Withirl this article, "measure" rneans aIll ordinances, arriendments,
resolutions *,romli"osofa|e8s|atk*nature, however de«|Qnated,which (a)are ofa
perooanentrii1herthan ternporarychu'*cberand(b)incA"p'upos|ti^oenacting,
amending o/uppea|inCanew orexisting 13v(Pu|iry
8.Urndutk/ny,
(l)Subjectkxolte/The, right of
fo||uvvinB�
to) Any noeasurnf an it V
All
(b) I lie ci ly �emi
(g)Iw|ariesufcityernV|uyees,
tionand revenue bonds
As of 3/3/15 rnig.
asopposed 10one providinK
lready enacted by council.
(hit Any rneasure reqUired to he enacted by state or fiederaf law.
ll) Amendments to th�s charter.
any of khe
(j) Amendments affecting the city zoning ordinance or the land use 'naps of the
comprehensive p/an,including the district plan maps.
PA6E13
2014-15 REVIEW
As of 3/3/15 rrtg,
(k) Public improvements subsequent to city council achon to authorize acqUiSlI1011 Of
property for that public improvement, nrnotice tobidders for that public improvement,
whichever occurs earlier. "Pub|iCimp"ovem*^t' shall mean any building o,00nn\ruction
work.
(2)IResubmission. No initiative or referrendunli petitimi shall be filed withrin tvvo years
afte/thnsarnooneasureoranoww,ur*sub$tanda||ythwsarnehaobeen%uhmi1rteUtothe
voters atanelection.
I IF
MColuncil Repeal, Antencintent And Reenactment, N I sure proposed by initiative
uptitIon and adopted by the vote of libe councif nission to the voters, or
adopted by the voters, Puy suaril to this artIcl or two s thereafter be repLaied
people, unless provisio jr) the or, I refereodurn Petition
[Construcdoo.
(l)3cupe8fPuux�r,
MEZOM
may
thi confer broad inidabxeand pofercndurn
Prs
|nitiaYIVO*1idoow�UThe invalid because itrepeals
0`Effec\0fR|inOPedbun.Thrfi|inEofun|n|tn/tk/eor/ehcrenduo^pwtbinnduesn*t
suspend *riovaUdateany measure und°,tnnside/atiwn, Such noeasureshall rw/n*inin
full force and effect until its arric ndniont or repeal by cmincill pkjrSuant to section 7.05( A)
or until a majority of the qualified electors voting on a rneaoUre vote to repeal or arnend
the rneasureand the vote iscertified
L.[dyONigatlnns.Aninihabveorre|erendurnvutev«h|chrepea|sanexistinAnneasure
inw/ho|pnr|npart does not affect any oWigationsentered into bythe city, its agencies
PAGE14
2014-15 REVIEW
or any person in reliance on the measure during the firne it was in effect, /Ord. 05-4152,
3'l`2QU5)
A. Commencerrient, Dine or rnarp qualified electors, herefinafter referred to as the
"pefitioners," may commence initiative or referendurn proceedings by filing wit]b the
city clerk an affidavlt statine 1hey will supervise the circulation of the pettlon and willl be
responsible for filing it in proper form, stating their nannes anti addresses and specifying
the address !owhich all relevant notices are \wbnsh in
propnyedinitiativeroeaso,eorrit|n8thenneasure� he reconsidered.
B.Affidavit. the chVclerk shall accrpLthe /
have signatures ofone nrrnorrqualified
appropriate petition forms Unthe petition'
filing, The city clerk shaUcause tnbeprepa
and affidavits suitab|efor the co,
in|flafiveand re&arendun)petitiunq
Mmawom
A. Number Of SipnaNASao initialflOd and
V file, 11
dunopetitions must The s1pnedby
least tw/enty`f�epercent (l�Y6}wfthe
�itye|ectrivn,but such si0naturosol
r
B. Form Arid Content. Airlolpers of a petition prepared for fiHng must bp subsrantially
unih)rrAin size and style and must be IsSnrnb|edasone instrurnentEach person iGning
Shah provide, and the petition form shall provide s�ace for, the signaturp, printed narine,
address ufthis person ^iBoin8and the date the si0natu,eisexecu|ed. l A*'�on+`r,4m||0�*o
apa�e;e/�Ae&vt*'�O|*peM*oo,,aAip�A�,���*4«�||*m�
ov+ Petitions prepared for circulation mustcontain orhave,
uttachedthereto throughout thei,duu|ati*nthe fuUtext ofthe rncaaureproposed nr
soughttoherecmo"idered.Thepeddonfi|edvvidhthecitydprkne+dhaveattachad\oit
only one copy, ofthe measure beinQproposed orooferred,
K4GElS
As of 3/3/15 rntg.
CAffdavbUfCincolator,Lachpapmrofapst|tinncontainingxi0natur*srousthave
attached: tn|twhen filed anwffidavit*xecutndbyaon elector
cer|ih/|n&: the number of signatures on the paper, that he or she personally circulated it,
that all signatures were affixedl in his or bar presence, that he or she believes ill to be
genuine signatures ofthe persons vvillnames they Purport tobeand that each signer
had an OppOrtunity beflare signing to read! the full text of the ineasure proposed or
sought tobcrwtun,ideredAny person filling afalse affidavit u/|||be|iab|etocrirninm|
penalties asprovided bystate law. (0nj,U5-4152,l'I'Z0O5)
D. 7'ir-ne i Filing li)ltiiltive Petitions. Signatures q III j ive petition inUst be
secured and the petition filed within six -10 lie affidavit reiiiii,nired
he
�~.°"�TI'd 198'5)
°'`"""'"'�,) was filed, (muoo'
on a referenduro Petition rrusL ne S' ec after such final
-p'-f.--`must ~underrequ
Rave, ition is filed with the city ciprik, a
sil ay revo e y reascin by filing with the city clerk a
signatory rr'A r l The city derk shall canse �0 be prepared
and have av if P
��&�., ��� petjt�lon �i" r--
Section 7,04, Procedure Khey, Filing.
PAGE 16
2014-15 REVTvw
As of 3/3/15 rrig,
rr:rJ.rIoiilYr I I Cng"
workh)j",
thecay cwrk QwJwq
uw'wf'4' Ho�"'
(k�ft"f" 1 m' rr,rlt,e4r I&, end a( Opf' C)f '(4 11 V f l 4�4 � 1 [4, 4,0 i ia 1 "0 1 4"Pp�
by toy sum W, h� P�� ra r�'u ffi(' Hl'))' 'n"" (r I H pi nJv4dtd'
""W IN" WOUMNIPP Whe Wh A nMwo of Mlefaaww
Hl: vqtloli Wopall 0 LUPY of hNivkh inn cqy cwrkJ
ra , rf� P ',V -t i r'l I ! 1 4 vv r) ,,, hf, ,� r H k w i l4 v 0- (t 1-�j I i �J'ej p w 4 " ( < r r, r l 4 r � "" 4"'d t fl,
M, "e 'r Kn" U Rg" f . + 4t wA tq' Me h Wy a I YK ir'rqA m., '4�' H 4 1 (a ( v" 1, 1 11,1 I I I h f (Y day;" 4 Y P�
tky"MV Of the WWI 040 UP0V4KwSU&**wyQ rhp pennon,
To rin- "-Huvve('f "Iy faw' 1:ow
2014-15 REVIEW
As of 3/3/15mtg�
Sectimm�05. Action QnPetitions.
A. Action | h
�mffio+nrv"'flid' Hie council shak to nNiSheaSUire or
rripasure and faill, to adopt a meas k , I I tance within sixty days, or
inore than th 't clays ve oi ire, fe rendurn election the council
adopts Jo �a me8surc, which is similar in
proceed 5hafl terry .,oposed or referred measure shall inot be
B. Subryriss�on To
(1) initiative, The vate of Me city or) a proposed meastoe shall be held w the regrilar city
election nra\the general e|,c1ionvvhichoentoccurs murethnnforty daysaf$y the
expiration ufthe sixty day p,hodpoo,ided0urcoosiWerudoninsection 7.UBAL'
provided that the inidanvepetition was filed nnless than,.�O�'�C,dayspriortothe
deadline imposed byslate law forthosubn)|ssionofba|!utquestions to The
commissioner ofelections.
i2 t Referendurnr The vote of the Cjty On a refeIrred rTrea&Ure shall be held at the regular
city election m at the genprat elpcl on WII rPXL,DCcurr; Pnorp Than Forty days after the
PAGE 18
2014-15 REVIEW
As of 3/3/1.5 nntig.
expiration of the thirty clay period provided for reconsideration in section 7.05,A), ,
provided that the referendum petition was filed no Iess than`�Q .t() days prior to the
dpacIlkne imposed by state taw for the submission of ballot questions to tire
commissioner of elections, The council may provide, for a special' referendurn efi--,cdon on
a referred nipaSUre any tinne snore than 120, days after the filing of the referendurn
petition with the city clerk.
C Ballot, Copies of the proposed or referred measure shall be made available to the
qualified electors art the polls and shall be advertised I[ jIfy's expense in the manner
required for 'questrons" i5 in secton, 376.of I ;&'The subject matter and
purpose of the referred or proposed rneasure
4152, 3-1-2005)
Section 7,06. Results Of Election,
A, Initiative, If a majority of the (
neasure vote in its favoi, it shall
electic"i neSLdtS. T'he ae,1 6 rat;
rn a nii t re. r a, or e,, a, s u r
5e(Awn 7.01(131(3j.. nflict"t
election the one rec6 h
extent of,
B. Re e u m If i i a
in favor o "a I i n tl tho n)
the election r s v, (CTrd 05
Section 7,07. Prc hi n t:
ed on the ballot. (Crrd. 05
svdPifton a proposed irrfiatrapr
ldoptl(� On certification of the
x1'!#,spect, �n the sarne
WCAW WM & I I
picT'except as provided in
proved Ufmajorty vote at the sarne
of affirmative votes shall lareuvaill to the
al bed electors voting on a, referred rneasure vote
111 be considered repealed upon cevtflficanon of
2, 3-1-20015Ji
shmient Of Stricter Conditions or Requirements.
Tr he councd not set, except by charter arnerwt$rnent, concfitione or
requirennents affecting Initiative and referendurn wim
4imIh^tr«,ir fmI.xv,ed by QOrd. 76 2792, 1,2-1976�
ARTICLE Vill, CHARTER AMENDMENTS AND REVIEW
Section 8.01. Charter Amendments.
This charter may be amended only by one of the 'ollowing methods,
PAGE19
2014-15 REVIEW
As of 3/3/1.5 nitig
A The council, by rosolution, may submit a proposed arriendrineint to the voters at a
specin|d\ye|ucbno,andthopruposedurnendrnenthpoo/^eseffectivew/hooappruved
byamajority ofthose voting,
S.The coundibyordinance, may amend the charter However 'vvbh|nthirty (30)days
ofpub||catiVnufthe ordinance, i�apeUt|uovalid under the providonsofsection 362.4
nfthe code uf|ovvaisfiled with the cnunci|,the cuuoci|nou»tsubmit the amending
ordinance to the voters at a special city e1ection, and the amendment does not becorce
effective until approved byomajority ofthose voting, Aft,
C,|faPetition vu|i6Under the provisions ofse"d
with the council proposing arl arriendment
i effective if approved by a major
the code oil Iowa |sfiled
muStSubnoit the
anlendrnent
/1152,3-1'2005>
estaWIshacharter review
scha/ter
H�� |ev�the ex|sdogcha�~r
9
/cAartmrarncndments that itdeems fit
is rnfarnend/nantpursuant tn
Ondedbythe cononoi*o|nno,subrnit
scribed hythe curnrnission'aodan
I -lie horrie role charrer is set out in this vokirne as adopted by the voters on November
l5,l973.add byurdiomnce76-279Z,nnJanuary I,l97h.Thefollowing table shows the
disposition ofarnendrnentstuthrcharter,
Ordinance
Num�berDate 0irpowidmm
77-28263-15'19778/01
PAGE 20
77-2858 9, 6 1977 7.05B
77-2864 9--6-1977 3,01
85-3227 3-1.2-1985 Doff nItions 7,8, 2.01, 2M, 2.05 208, 3,01_103, 4.04, 5.02, 6.04,
7.01_7-05, 8,01, 8.02
85-3228 3-12-15)B`z 6,02
85-32 73 12- 17 - 1985 2.01
90-3462 6-26-1.990, 7 03A, 7,04A
95-3671 3-29-1,99,5 2.06B, 10ME, 101A, 6 011, 7.04D
05 41.52 3-1 2005 Definitions 11,12, 2Z3, 2 05, 2.11, 2A2B, 3.01A, 3,02A, 4.04A, 5.02,
5.03A, &02, 0.03, 6.04, 7.01, 7,0,2, 7 0138,C,E, 7,04A,B,C, 7.06, 8 01, 8,02
Res. 07-262 8-31-2007 5 01
,Falcorl
Nom
sectic
of the city on
arsuarit to I C A
2014-15 REVIEW
As of 3/3/15 rntg.
I i 11! Ir rp
REPORT O[''I'HE 2AW-I5 IOW A CTIN
CHARTER REVIEW VIl';W COMMISSION
The t'araxaanksimi and the 1'rocem. The lowat City Charter Revicwa Unimission was
esiahtlir„heed by. To Ilatwa City Cd} (Muncul in Atar"il of2014. Cre;aated pursumA to Section
So02 of the lo,,va City Chartci,, the C`onnnission mas chaaped wvitlr "review[ingj the
c;xrsting Cluaater" and '-ec ornmendling;l army C`hartea atnendinents that it deems lit." I lic
Conur ssiinn must he esimblishm! by the City Council at least once every ter years.
Commission in4mber'., were selected by the Council and Include Chairperstm Andrew
Chappell. Chair Pro tear) Mckin 0. Sbavw, S'tcve Atkins, Kanie. Cmig, Kruiuur Kubby,
Mack School/, Anna Nlo)css Stone Achim B Sullivan and Dec Vauzdlcihoct� In
fisrt emnce° of its charge able: Commission hog -an nacc:ting in Aloil of 2014 and has me,t.
ether t%Ncnty fine (25) tiatros. idesidents !rate had the op'+paaatcu iiy Is participate in the
pmen "at c•vc•ry step All mccong;s were posted and oppeta to the purblac. the Commission
hcani in-pemm, cm -nu Cats and accepted xwritterr coirespondeneeh, and the Corntnission
held twin (rradinioriol priltluc, hoa(irlps and a pu;hiic muciNg with irttcrackc discussion,
l her t"nt mussion was raided un il, work by dues inv,altualale contr'ibu itirrs ol'C'ilw Anornoy
Fleanor i"hilkes and City C 1crk Maarivin Knm
Ile R elaom [Tubs Report is meta t to provide the City Council and the psiahpic +with a
substantive ret dew, or the Ununksion s Ncconnnendadh ns 11 snptplenteutts the " raeddinc-
le sirn't (Wihe t'harter that way, droned htc the City Mtlurraaey and (`hy C'Icuk, and sets R th
the language srl the sp,eihc anwnduscrrts, `JVNK the hope is that the Report wwall prep°idc
none deetr Us to explain Te U nrndssion's rec orrunend,ations, onv dowunna of duus nature
twill irccessaaruly be sarunewhat taucrarasp cle. Neiadinpty. tlue'e Deport itself Iiould he
supplemeaN(Cd su'ith the detailed rurnauires Nben of the Coanlnissr m's meefingrs.
Addilionahy, the Canranriss'ion Inconbers rennain available to addle:ss sl(uctstions and ksues
that mory arise during the C uN,torcil"s revicaw c,l it5 rccranrrntcnl1auticrras.
t xIdaan.ations lot Recommended Charier au der Amendments.
1. the WninAssion rec'onumnds the• aiduTtioal of an updated I'mon-Ahn 'I lac
new IfuniuhIc language K; iinumded tst ci'np%usi,,c that thle Charava sc°uves to a
"c,onsthutionl for thc, 0thtmt the aaath ority o eity officials is conferred upward
from its people. cued thud the°; auunhoi ityconferred upon chy o lickik is Intended to
he exec i;c=d in actrrdancc with the artu:111a e d principle's,.
yl, As part or the changed 14rc;amble, and continuing, tlurouNp,Photr( the Charter,
the (;aNNrrnt,ission rc°ets name nds removing the word , ciIizen' pn I'avan a)h I arsg;�II
that is more inclusive and hettcr reflective)(al'dw iullcnt behind the specific Charm
p)Sri lhllBraki, 4 4i aaYlrri:.+I (a1r Ia 1cI t11)C rs, 4w�c, e coIr o cIInCd thu;rt n',C f5l Il1C V 0RI CIti/Ce I
in'ip'aliccd that it ava a-afca'ring onik to tdtersc ImNa (1 residnoww "ho are <icteldll
II(siicd Stores t itimns. In saanc prlages the C'oilrnoMsion rcconnnenahv the wetud
chizen shnply hie! repined with ' r si dent and in e0wr places Owl h Amply c,
a:mnitta°l. "1'lris proposed change amlvuu ns the lil-eURIMC and Sections 5.01 and 5,02.
3. I lne recornnneardutiarn to germ€ard Section 2.00p131 is designed to make chain -
that. wwhila the Mayor has rotatively Little additional power in compariwon to the
other Council nrcrsrhtrns. s/he shoatd at (lie very MY have the atalurrity to add
uterus to the City CA mumil agunda It: is 'the: Cornannissuon^s uanda rsnandirug that this;
chanMe very likely tepects current. and longstanding, practice, bunt believed it Was
,till inrlte,rrtwn to nmkc sans Marc Mayotrs have this power if it Immes necessary.
4. Me recoiarnnend"ition to anniond Suction 101 is rctleclive arf' changes in
apptivahle s atc km rclatted t;o the ]ding of nomination pentions, 'ytotaahrly, those
pethions now roast he Med Wh the Johnson (`newly Commissioner or h,lection.>
instead ordw C atv C"Lert£.
J. I Ire: icconrrrrendation to amend d Section at.C?(/S) water ,a re�strlt o+f a desire to
rerntarve then ('i(y Managers specific: entitlement in twro months ivnirinat,ion pay
thorur tlrc (:harste°r. While there was, not necessarily 'arty of jecfiatro to the Uny
Vt,'inahca„ who serwres at tine twill nf' tlie. ('ity C°r'ata Cjr ieaej%iiuLl te:rrinirt«rtianj rrt
sew erance; 1my, the• Coinnsrssionr did not lreheve a specific amount should be Listed
in tyre° C Inwer As a guar° tical m attco this is at issue that ewer the Ivars has 'fleen
negotiarrad L>y t dt y"laaager csandkkltes and the City C°ouncit. vvith the amount of
tertsria,rtiirnra pay afn ded by contract Lac^ecA Grp 9➢ic C hatotei's Mo month
rmi,nitruum sigtnilicandy. Ifis contract rnegodistant sucransto the Commission. to
he the helm place to address dais muaslter.
h. 1 he lwitgmsc Mild the reetr mmundasion to amend lrc•o% 501 is 'tw o-
fold. first, the vword edirerri ¢oats aeaovcd tar make cjcr ar that the (y"iti✓etas Po ice
1(e^.w'iew Board is not conecrni.ni only xviih We complaints ,and diplat of acttiat
I.ANY States C i6mris, This proposed change also i Flucts'the cuinerit Irr„actice erl'
tluit Ldo idr In a terualmungp to renmin con,,isla;nl with the BOaRl's recent name
change Visn Mice 11111nns tleOcsc 1,9r ird to 4'itozens I'erl& Kim, flood, tlre.
Commission recoruunucnds icnaming the Bomd the° C'orl'rtnaranity 11odca: ticvievv
Boom. Sucolid. tlae Commission to nnailee it eale.e 14aat 1110
Board's ainh rrhy to hold it c<rrraHIUaity douirn and tra makere:ce'+rursrenda.utioans
reeasrding polrecc policies. practices and Irroece9unm are Know powers. 'I'hc
C'ornrnisnructru lea ed theme ItMl becai ,arraue carmraa�r°da drat the ltoutrd's
rccewmmetuhitions oil Police perlocic,. praetice" and yriart eduTe, count of lw carnle^; ill
ra'actdon in tlthWs anuaal!) raised :at the annual comnn";'w tir unn. the change
rrnal,e,s c•learr liras( (lie P,+tar,i'd Iraas the pirraw'e',a� tar ❑i�ad,r re:cou'rune^side�atiorns,'
rrdc pc°naientlyliam any Luang; missed at he c nrm ucaity Iortrm.
7. too reconiarwridaatkin to ,amend `icctimi 633 shop]yr updates Sc applicahle:
cahcapter od'tlaiea Iowa ai Code s chttecl to callnp rign B inaslc e.
. r'sdu mcm us chrurrp es are re a;<,trrina,neled to Article W. is loted tar initiate
and rcibre nr:ham Ill ge^nnerk, as majority of (m iuotinsion merruhaN Klieve alll
eligible volerrw should Ire entrded Irr Ago psc°0dons hir i0lialivu and rc•krundtann
the ehangC as mnearnt to hoth be ator: inchiske of"those; who wwrnrtd paiticip'raaie in
f f' tali._"''_l
cit} g,crwerrnaucatt ihaaaurgh the initial:iwe Quid and to
acknoMeedg,e that, with lo%Aa`s e utrcvat ,au uc,,-lay voler registration process. the
dis'Joctian belwwetni cltt;rli4iecl electors, those regastede,d to vote, and eligible
electors.. thoso eligible, to rehi,,ter to vote, has narna wec!I sigatalic,aittIy,
Additioitaily, with tespeo to those: collecting signatures on iaMiMAtive or
r0'a^rend uni petitions. the 4 by eh ninicy nXised that applicable federal haw, now
prohibited ret,sfricaina i, eligible electors front circulating those lletitioars,
In addiction to the pnopom d to change the Charter In allow:eligible �,�aters lar sig,rr
iun:ititurwe and rc^li^rc^,rrc inn petitions, [lie Commission i4 recornincnd ng that the
rnurnnber of Qir,atarres tecpu'ired for said petitions be increased. The nanintnium
number of sign attires ueeltuhvd At an initaar wo or aethrumha n peti'; ra, 25ML has
run charng%al since. the Charter's inr:cohm; despite haige ir-c ea,cs is lowU k i y'sa
parpnuVation. Moreover. the change 6hmn qualle°d to eligible will increase
nitiaantly the number or persons Who ln<ay sigat tdae petition,. Oiwcta Oresc
lacrts. the Conrnnssion is aec;oananicnding the Uhau-te°r require the signatures AV
nAnitnuura of 36M «eligible wotc:rs That na.uianber ov a,s icached by taking die rtiallo of
the rcedupa'ed mrnihcr or signataucs Men the Charter "as first adopted to the then
paol'uhtlio n of d r^ a ht . 'Pleat ratan 5.3:311,4), %%as t wri uppiied to the, current loAa
(Ty Iro,mlation. as deaenmined by the latest 1 Jnite d States Dccc irnial Census 'I lie
utwO numWer does ,neat ,appear in the proposed (Manor hanpmg,e so that is need
tnm be uT dawd caherw%er the, curim s numbers chtnu yc, The ranelhodology is,
lu n+.ever, included in the grropao€,ed language. Ihis proposed change .alilwara err
Section's "%.C} iIA),
A,llowingr, all c.lil-61ble electors to sign initioNve and relvrcnrtuani pelicans led to
lnop sW,xi chinguc in the process al, ilia 11"iginag, adro,e paetini,raus wr<�hen the) ore
received by flue Pity Clerk's office lrirsi, there': is no longer anw need feet- tyre
petitions to contain spac.e fan° the .vi.;gnuatory's biaahcW. Mich seas, opaiotnal
vunywa y "phis pauaprrsed chainge: "us rntacde tar 4eetion i 0303i, Saeccrnd ilucrei is no
longer ,nnyr tur„c^d Ar the a.•Umberseaane and lin'w-consurningg prroccss of the Ciny
C"derk c•eutikinga she surdlicieiicy' or irnsuffuciicney cafnhe peiihions based on Micthei
We sjnMwVS Con be WOMI as yruauhilrad Actors pSe°r,ause ellible a°dacaws NVII
he able to sign pe4ation>. nlnc City t lcrk swill only he requhcrd to we:rady Out the
��a;rnatorw has listed scan address wotinn tine rarrpolanc° limbs of brown,] Pity, 'Ibis
Imuper ved change vweird he acc;cwmtWished hy, dcletln}p, the a:aistia laar>eoss
edesc ibacl in 3cutuenri T04 and ivoacing, it with, ea simplified wandtata+caa larraeesr,
modeled alter Iowa ( ode lacwdon 3614. AM to prey Anis sautptoOod hyIlic
steatc code., and an olrp"tions process aniodeied adlea lowa Code `.3eelion 44X
I`Inese pucnhitaNeel ehwVcs v caerda'd also unuesAlate° naiorear %%vwdiy a.hangc^s to Save fan.
T05 bcc.aa.rse, under [lie prollowd rucwr sysdCnrr. a pethion is' coirsafere(I either valid
or inwand VIVO UT SUINci M tea iMeal4'ia,rcnat. IHUA d % the diliaag deadlines. feruanad
in Se•clOn 7.05(B) aw piopose:d to by changed 41LI aeCiralrit t'or 1he l'znct dial the 1, iit)
cierh's roviQew or grc,th ns ,sill drake, inruch less tine than it %"add limit under truer
old systt ran.
iI1'Iaii��,!I f
Ile only pnlaaces, with respect to inhiative annd tatferciiduana, where the Con-mni^s4ion
re^comrnoid,s the distuichon between q(noliiia d And eligible electors he tnairata,ined
is in Section 7.02 and in the right to w= Itself. A injodV of Unirnission
invinhers supponed they idea that the HIM petitrcnrem those who begin the horrnal
proee;s of initiative or relerendtun, still) .should he qualified electors,
AcIdidol-ndly, of couna, Only gLAnlified cdcx;tAS wwroutld be alile to werte it` art
ink) adve: or reflere.nd uan pctidon last to an acirual election.
�). i'he rcau>rnrxrernrl cl ehangc ttc Scctieari ; M7 is nw.nant M clatrit'y aDd ertsttre
(fiat the orrly %wsay in rwhich C:3ty Q rroranc.il con make changes to the indiati'+;e, and
repco-cndana p11ciceSs is through (amending the Charter iisclE
Skilier Moto, Couasuelerred, In acklition to those natters discussed that lest to flic adno%e,
rC"co naWndidi dnt Te (°a7n'n dwimi t91su gmT sc i qis e`o nsi detelion to several issues that
did. not ]cut] to rcumnnn;nded anienx:dnnems Sorne or tftose issues are discussed helow.
Narocious other issues also wwepw discussed by the d oniunisariun and these Asc.ussiot s,
duitigh not dose nbc:d here. are ieficele.d if tile° ('o min ssion's nieettinnw ritintutes.
I!. Selection of file Mayon the t_"on)irdssion spent c,onsideaabdc time
discussiinpw (Filar method used to scllect the nmym% hwh in its ryuhir uncetinps and al
die intercmake piub is nicetanp. Sane concerns wwcic° ransed with the current
process, hlCludinpw p,;encrctdly the ,erect°cy o or hick of Bann^,pi r-e�nc:y in Ih(*w the
WHO! Cuconthers choose tine 7+,lapw and the hiahHhy of nicinburs of die general
pt bhc to vote fia-a Mayor orotdte)AVISC j)niticipLIAU in tdte,lrO Vss. C'r,itecrris also
wve e raised (Bali the Process it sonie what in'aachnrr>,ishc and t.n idcn;cwratne. 1-that
there niipht be bcpter participation ^.rrr1 n'. 1 ju, ,ri I wy i, , i ,i , in a cd)
election if there "tis an aacluaad campaion fire the Ujur imd,. li : u ;_ a v uord,
it) rc'q)onsc pit these concerns
the C orntn'iissiorn considcred an tantctttdmcnt to (die C inner thn, s vRdd ha±wc
required that the Mayor ire^ clecied adia'eelda tic rile autirotns. 1'ulrolic ccaitnnncnt and
rpie: Conntission,s minutes vtH a6Qna onstraatc 111cu dueler erc s'trrroiig opinion's all both.
sites of ilhis ksue. In pile end. the niojoluy or the° C ocil nos ion decided not to
recorrnnend an aarneithisnt ti) this° Chsrtci- on tlik isvutt, hofit%o,,, Idea,' current
system. &gAte conic.erns, hols� so wed hs piapiisc� aria] l%oi°I<.ed ww tl Vint ibc ('i y.
I,'he C onirnipssion clues roconnnend stna)ny1,y Qve%cr, that tho rite Council spend
Ante sdaidyinp this issue on its n"n and au mpt tc'u conic tug c01h sonve c°htnilfai 'lo
the current procews of, tdre l jayn sj in arndCa ter oell<, It. tnore omen,
inclusiwa,, and tnansp°orviit,. Absent such a chmih,e in pnwdce the Of,, t outic,il
hkq dd expect Ibis to arise q ain when the Cha mej is rrw ue cr d in tr ri yvars, if'
not �ooncr.
2. Nnen'ber of Districts. I Ile Conwilission discussed nwliarlher to annentd the
t'Pttartei to c;han,isv the niirnnd er of council dkrtos Crconi to [our, or c•tc;ai iomi,l
three to wevNen. 1'0ic cc jweron rveserntc.d was fliat Inc city,;s gcop iaprluic and
population piarwwtli had rtn.ade the axe^itchy± disnoctsa too laigr no be ncloogeah1c ot.
r,nepnescntatuw:e No reconnne,nedation was made to hicreasc the: nuniber nd' districts,
hoavc ver, because the .associated decrease in peograp hic, area and population
aaparesenled by district council Drenilaers aAotrld have been rclutively snaali. Also,
oracs:all Scats Y is a strong preference to n aintair, the current rogpority of council
tl7t; beN hC',.hg at-lart?:E',..
3. Ficction of DisYtie t Council Murnhca" the Commission spun( a grcat deal
orthne disma ing the, current systctni for electing. district councH members and the
fact Iran only residents of"the; distuaa t namy role in a disvrictt panrorar) but all voters
nray eotc on [he district in ttae general election. An aumcudment va,aa, considered
th,M a ould have rallarvcd rattly residents of <a particular district to note in thn't
general election district t°aac°c. In ;opprort of Chas tvattendntent vans the idea Ghat it
wc'a dd alleviate %ail r confusicam oc cr the cment systenr and A may also engender
stronger connections humen the district cluotome and the dissielronly council
utemI)CI-S. srupport AW sturir a ehUnt;o rotas .also found in the fact that t8isnict
candidsn'sa would then beable to ruts smaller, more econonneal C,unpaatigns
Musk cauly On then resp cchvc Wslriats. Ile nuloaity e>S the Qntrnksion did
not recommend saudi an nanendment, though. hctmtse of a vaancun AM h might
prramme fattaochi alusan among, dia,trlets and from ai p•rarsadiv rccolpiii(nt that 'the
Cusco" s3 su nr alloevs each eaiaen to Choi au slake in tad seven council races.
at. Council 'v usher Omspensatie n. 1 he Commission received s;everal public
controenus indicating that the a:ntrAU compacn.sation Jar roetnhas of to C."itv
Council its too lo", daroea, not reflect the amount of'tcnrc rcultu ed to server on the
City Council., and ntny aPi<e'aroatratge sauce W "atpl,e° canners from running for City
Council, Indeed. the cnattauusn, ol` the, Uonan'akSiO n <tlsrs vata.v that the eurrerau
sal<arey istoe+ knot'. No change v�eas proposed io the 4'lunlcur, frov c%vr, bec,rtise ilte
overall vacvv m,as t,hm Us is an issue Imur left tar the leghdaadve actions of'thc
C'ilw Councill, as oprp(osed to aa ehango; to dw t: Nader at recommended by tk)c
('otuuniSSion. AL the Na y Eaum be Commission encourages duc (."ny C°oluncill to
fin-ther s,udy this issuee and to consider uon>iating the Muaatnco rslcpuaion g lbo
periOdic increases in (11 C'anmdl r.ompensalm loved om ionems in the coo of
living
5. Alflernaitiv¢ts tU Primary l.fa"c' by ss. I he di cumed allmmitives
trc) tho sy imn of parinuary efe(Jioltr, desctrhud in `section 3 02, fiicl tdtnt, irsrant
rtnn-oll electionm Men Ile ULH-oatrrt We ohIowa ciecHon tutu+ licrvmm possible
c hangcs arc ]united and no chango were re^coanrrierurotl,
(Incluoshn. Ihe. (:; ulmnission has npprec,omed and thrrtoaaaluly v ujoa ed Ihu�, opportunity
to jevie%w floc 101va (it , v (IT 6`tiwu i ,and au is Pleased 10 rumenf isicconnnerrulai ons to
the City Council pan e°nsielertutiora eared "action. 'While uhiele cv„os ratrt "un,at'tin7uly Carr cve[ry
iSaIue°. the ruconNneu akitnarns as to vvltc k come to the Cif} Council upon the tan.auurrcaus
vole of tare Commission Pursratta't to) Section 8,02 of tltc C l-nuter, the OIN couincit u-aAv
either adopi the ( AunnuMmCs a<c.orraaneanded unnenalarrems by oralit'ttamo or rrutay put "loan
on the &repot for anasaelcr.rtion lea uhe° votcra, of Iowa (10. Ile ( inmukdon recomi aemtads
that Cha ' Council aIdOpt the pararposud (lonerArncn%en N by rrrelirar me lf, homser, the
I m, Iw"v g
City Council heliews there is ra rcoorunnenalatiow or recomme acL:airama. dut s4 mAd tae
presented tar the voters in un elecCam; Men the. (Am n ksion recoarimenrh the City Council
W. 11d only tlusa1 to the, whTs and all alher proposed arrrcrldincnts he
aadopled by ordinance.
Respectfully submitted this day arhl`s9tarch, 2015.
1ONVA CITY CldAR 1.;14131a."GlEiil4`OI'+ZMISSION
By:
Andrew Chappell, Chair person
Oil mcinbcm
C It�nr Pro lee NVe.9r in O� shmz
Se e Win
KuKc C?Q,
Arm Kubly
N4wf Scthwut
Anna Moyers `titans.
"dam B sulViaun
DQv Vuando hocl
I