HomeMy WebLinkAbout2024-06-27 Charter Review CommissionCHARTER REVIEW COMMISSION
Thursday, June 27, 2024
5:30 PM
Emma J. Harvat Hall, City Hall
410 East Washington Street
1. Call to Order and Roll Call
1 r �
Name
♦ City Of
2. Adopt Draft Minutes as Presented or Amended
• Draft minutes for 06/17/2024
3. Motion to Accept correspondence (if any)
4. Continue discussion of Review of City Charter: Article II — City Council, Section 2.08.
Appointments and 2.12. Prohibitions.
5. Continue General Overview of the City Charter.
6. Tentative Meeting Schedule — 2ntl Tuesday and 4" Thursday @5:30pm, upcoming tentative
meeting dates as follows:
• Tuesday, August 13
• Wednesday, August 28
• Tuesday, September 10
• Thursday, September 26
7. Community Comment
Charter Review Commissioners cannot engage in discussion or debate in accordance with
open meeting laws.
Individuals will be provided 3 minutes to speak. The Community Comment period will last
no more than 15 minutes. The Chair reserves the right to reduce the 3-minute period based
on the number of individuals desiring to speak.
Additional comments can be sent to the Charter Review Commission via ICCharter@iowa-
city.org .
8. Adjournment
If you will need disability -related accommodations to participate in this program/event, please
contact Kellie Grace at 319-356-5041, kgrace@iowa-city.org. Early requests are strongly
encouraged to allow sufficient time to meet your access needs.
DRAFT
MINUTES
CHARTER REVIEW COMMISSION
June 17, 2024 — 5:30 p.m.
EMMA J. HARVAT HALL, CITY HALL
Members Present: John Balmer, Susan Craig, John Deeth, Gerene Denning, Makenzie
DeRoo, Matt Hayek, Molly Kucera, Bijou Maliabo, Jennifer Patel
Staff Present: City Attorney Goers, City Clerk Grace
(Videos of the meetings are available at citychannel4.com typically within 48 hours)
RECOMMENDATIONS TO COUNCIL: (to become effective only after separate Council
action):
None
1. CALL TO ORDER AND ROLL CALL
2. MOTION TO ADOPT DRAFT MINUTES AS PRESENTED OR AMENDED
Moved by Deeth, seconded by Craig to approve the May 23, 2024, draft minutes as
presented. Motion carried 9-0.
3. Motion to Accept Correspondence
No correspondence received.
4. Continue discussion of Review of City Charter: Preamble
Chair Balmer stated the Commission would not be making any final decisions but should be
coming to a consensus as they review the sections of the City Charter. Commissioner
Hayek asked if there was a draft of the changes that had been discussed. City Attorney
Goers had submitted a memo dated May 9 in the May 141h meeting packet. It was noted in
the memo from Attorney Goers he was asked to review the Charter to search for uses of the
term "Qualified Elector', to see if there was a good reason not to collapse that term into the
definition of "Eligible Elector." The memo states that the term is repeatedly used not only in
the Charter, but in the remainder of the City Code and recommended preserving the
definition of "Qualified Elector." Commissioner Denning asked if as part of the
Commission's recommendations they could say they had a discussion and agreed "Eligible
Elector" is the better language and if the people that could amend it do so, the next
Commission could correct the language. There was consensus among the Commission to
make the recommendation. Chair Balmer asked the Commission to continue the review of
the Preamble before moving on to other sections.
City Clerk Grace read through her notes from the May 23 Commission meeting to confirm
the agreed changes made to the language in the Preamble, number 1 as follows:
"a. Each individual shall have an eaaat opportunity to participate fully iR the eGGROMif—I
in the life of the city,
including economic, cultural and intellectual.
Charter Review Commission
June 17, 2024
Page 2
b. Discrimination prohibited by Title 2 of the City Code shall not be tolerated. is
Vice Chair Kucera asked staff if they could produce a document of the agreed upon
changes by the Commission and have it available to review. City Attorney Goers noted that
typically draft documents are not public but since the discussion is at a public meeting, he
did not have concerns with the document being public if that's what the Commission wanted.
Kucera noted that the Commission wants to have input from the public and having a draft
document the public can review as well as the Commission makes sense. City Attorney
Goers asked if the Commission was okay with staff crafting language for the document so
the public would know that it is a working document. The Commission agreed to staff
drafting language and also noted that the draft should only have items the Commission has
had consensus on.
Commissioner Patel stated she wasn't sure when to ask and noted throughout the
document there were references to she and he and not everyone identifies by male or
female and asked if those could be changed to the singular they. Attorney Goers asked the
Commission if staff could finish reading the Preamble changes before moving on. City Clerk
Grace read from the minutes of April 25 where Commissioner Denning made suggested
changes to paragraph one of the Preamble which included language from the Model Charter
as follows:
"We, the people of Iowa City, Iowa, 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 its residents and all share the responsibility for it. We hereby adopt this charter
and confer upon it the full home rule powers of a charter city in order to provide for an
honest and accountable council-manager government. By this action, we secure the
benefits of home rule and affirm the values of representative democracy, professional
management, strong political leadership, public engagement, diversity and inclusiveness
and regional cooperation. Furthermore, adoption of this Charter recognizes the following
principles:" Commissioners discussed the inclusion of "council-manager government" in the
language and having a clear and concise document. There was consensus leave the
language as proposed. Commissioner Maliabo asked why the Commission was adding
language if the current language is good as is. Vice Chair Kuchera noted that the proposed
language was from the Model City Charter and is more inclusive and that is why it was
suggested to be added.
City Clerk Grace continued reading the suggested changes for numbers 1 — 5 of the
Preamble:
1. Resident participation on an equitable and inclusive basis as part of the process of
democratic self-government. More specifically:
2. The provision of city services including but not limited to those related to the health,
safety, and welfare of its residents in an faif equitable, inclusive, effective. efficient and
L manner.
3. The conduct of city business in conformity with the principles and practices of due
process, equal protection under the laws, and protection of individual liberties granted by
the Constitution of the United States, by the State of Iowa, and by local ordinances.
Charter Review Commission
June 17, 2024
Page 3
4. Civility and responsiveness by city employees in their interactions with the public. (Ord.
15-4621, 5-19-2015)
5. Fair and effective environmental stewardship that treasures the many wonders of our
unique environment and recognizes that the power and duty to protect this region is
inherent to its people.
There was consensus from the Commission to accept the language as is for items 1 - 4.
Commissioners discussed the proposed language in item 5. Commissioner Patel felt
environmental stewardship was important and Commissioner Maliabo thought it sounded
very welcoming. Commissioner Hayek asked Attorney Goers if there was an issue with
using Power and duty. Goers noted the Preamble is considered aspirational, but the
language could possibly be challenged if someone thought the City should be doing more or
if the City approved a project that some thought was environmentally unfriendly. Goers
stated his preference would be to remove words like power and duty from the language.
Commissioner DeRoo asked if instead of making the language its own statement, could a
portion of it could be added to the first paragraph of the Preamble as follows:
"We, the people of Iowa City, Iowa, 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 its residents and all share the responsibility for it. We hereby adopt this charter
and confer upon it the full home rule powers of a charter city in order to provide for an
honest and accountable council-manager government. By this action, we secure the
benefits of home rule and affirm the values of representative democracy, professional
management, strong political leadership, public engagement, diversity and inclusiveness,
and regional cooperation, and fair and effective stewardship of our unique environment.
Furthermore, adoption of this Charter recognizes the following principles:"
There was consensus of the revised language for paragraph one and deletion of item 5
among Commissioners.
City Clerk Grace confirmed the revised language of Article I. Powers of the City, Section
1.01 Powers Of The City to read as follows:
The city shall have has all powers possible under the constitution and laws of this state.
(Ord. 76-2792, 1-2-1976)
Commissioner Denning explained that "shall have" makes the language stronger and
Commissioner Hayek stated it also reads better.
City Clerk Grace also noted there was a suggested addition of Section 1.04
Intergovernmental Relations which the Commission agreed not to add.
There was consensus of the revised language for Section 1.01 and not to add to Section
1.04 among Commissioners.
5. Continue discussion of Review of City Charter: Article II — City Council
Section 2.12 Prohibitions
Chair Balmer noted the memo dated June 12 from City Attorney Goers in the June 17
Charter Review Commission meeting packet regarding adding City Attorney and City Clerk
Charter Review Commission
June 17,2024
Page 4
to the Prohibitions section from discussion at the May 23 meeting. Commissioner Craig
added there was also discussion regarding the Library and Airport. Chair Balmer noted that
the Library is under separate governance by the Library Board and asked if they should be
included in the language. Commissioner Craig noted she had originally thought the
language should be under Article IV. City Manager, Section 4.04. Duties Of City Manager
because they are responsible for the hiring and thought it should be pointed out someplace
in the Charter, noting the governance of the Airport and Library are different from the rest of
the City. City Attorney Goers stated Section 2.12 is specifically trying to avoid Council
interference with the management of employees. Goers also noted there are other sections
of the Iowa City Code such as 11-1-2(E) in reference to the Library that gives the Library
Board direct control over all activities and operations of the Library but doesn't necessarily
protect Library employees. City Attorney Goers summarized the two proposed language
samples from the memo dated June 12. Commissioner Hayek thought the second version
of proposed language from the memo was hard to read. Chair Balmer's preference was to
only reference the City Manager, City Attorney and City Clerk in this section. The
Commission discussed the proposed language from the City Attorney and made
suggestions. Commissioner Hayek asked if the City Code sections could be referenced in
the Charter. Goers noted there were two issues being discussed, one being council
interference and the other being who gets to do the hiring. Additional discussion continued
by the Commission.
The Commission directed the City Attorney to redraft the version of Charter Section 2.12 to
simplify the language, move the Police and Fire Chiefs to section 2.08, and to make clear
that council members should not interfere with any City employees other than the City
Manager, City Attorney, and City Clerk. Staff will make a note to revisit language regarding
the Library Director and the Airport Manager, particularly in 4.04, at a later date.
6. TENTATIVE MEETING SCHEDULE
Commissioners reviewed the tentative meeting schedule and agreed to cancel July 30 and
moved August 27 to Wednesday, August 28 due to meeting room availability. Chair Balmer
asked staff to look at meeting rooms at the Iowa City Public Library in September to hold a
public hearing to gather public input. Vice Chair Kucera suggested having one of the public
hearings on a Saturday to encourage more attendance. Commissioner DeRoo suggested
working with partner organizations that already have an engaged base of members that
could promote on behalf of the Commission. Staff will look at the room calendar for
openings at the Library. Commissioner Maliabo suggested a photo of the Commission for
the City webpage and asked if the public hearing could be held at the Robert A. Lee
Recreation Center for ample parking. Commissioner Craig suggested using Harvat Hall for
a public hearing. Commissioners discussed how to disperse information to the public.
Commissioner Maliabo suggested having a table for Commissioners at local events or
flyers to help promote the Commission. City Clerk Grace added that a QR Code could be
added to the flyers.
Chair Blamer suggested they should focus on giving the Charter another general overview
starting at Article III going forward at the June 271 meeting and leave the more controversial
items for later.
7. COMMUNITY COMMENT:
No discussion.
Charter Review Commission
June 17, 2024
Page 5
8. ADJOURNMENT:
Moved by Maliabo, seconded by Patel to adjourn the meeting at 6:51 p.m. Motion
carried 9-0.
Charter Review Commission
May 23, 2024
Page 6
Charter Review Commission - 2024
ATTENDANCE RECORD
NAME
TERM
EXP.
A
O
A
A
O
40
A
A
N
N
A
CD
a
?
A
Q
Zn
N
w
A
CD
C)
A
John Balmer
4/1/25
X
X
X
X
X
X
Susan Craig
4/1/25
X
X
O/E
X
X
X
John Deeth
4/1/25
X
X
X
X
X
X
Gerene Denning
4/1/25
X
X
X
O/E
O/E
X
Mackenzie DeRoo
4/1/25
X
X
O/E
X
X
X
Matt Hayek
4/1/25
X
X
X
X
X
X
Molly Kucera
4/1/25
X
X
X
X
X
X
Bijou Maliabo
4/1125
X
X
X
O/E
X
X
Jennifer Patel
4/1/25
X
X
X
X
O/E
X
Key:
X = Present
O = Absent
O/E = Absent/Excused
NM = No meeting
--- = Not a member
r
�° CITY OF IOWA CITY
-'�most
� MEMORANDUM
Date: 6/24/24
Charter Review Commission
From: Eric R. Goers, City Attorney
RE: Redraft of Section 2.12 '
As part of your discussions at your June 171^ meeting, you asked that I offer a redraft of the
version of Charter section 2.12 proposed in my June 121 Memo in order to simplify the
language, move the Chiefs to section 2.08, and to make clear that Council members should not
interfere with any City employees other than the City Manager, City Attorney, and City Clerk.
Below is that proposal. Because the underlining and strike -through fonts for additions and
deletions made it a bit difficult to read, I have simply used red font for the sections that include
changes.
Section 2.12. Prohibitions.
A. A councilmember may not hold any other city office or be a city employee or
elected county official while serving on the council nor hold any remunerated city office
or employment for at least one year after leaving the council.
a With the exception of powers provided in Section 2.08, a councilmember may not
dictate, in any manner, the appointment or removal of any city employee. However, the
council may express its views to the appointing authority pertaining to the appointment
or removal of such employee.
C. A councilmember may not interfere with the supervision or direction of any city
employee other than the city manager, city attorney, or city clerk.
Having removed the required Council approval for Chiefs of Police and Fire, I propose moving
that provision to Section 2.08, as discussed in your last meeting. I have drafted a proposal
below, which also makes clear that the appointments and promotions of all city employees, not
just those hired by the Council or City Manager, should made according to job -related criteria
and be consistent with nondiscriminatory and equal employment opportunity standards
established pursuant to law. I found underlines and strike -through text more helpful here.
Section 2.08. Appointments.
A. The council shall appoint the city manager.
B. The council shall appoint the city clerk. (Ord. 85-3227, 3-12-1985)
C. The council shall appoint the city attorney. (Ord. 95-3671, 3-28-1995)
D. The city manager shall appoint the chief of the police department and the chief of
the fire department, subject to approval of the city council.
E. The council shall appoint all members of the city's boards, except as otherwise
provided by state law. (Ord. 85-3227, 3-12-1985)
Page 1 of 2
F. 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 G ty-seuas 1 aad s anager-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)
Page 2 of 2
LATE HANDOUTS - THE
FOLLOWING DOCUMENTS
WERE DISTRIBUTED AT
THE MEETING
The following is a working draft of proposed amendments as of June 17, 2024 to the Iowa City
Charter by the Charter Review Commission. The Commission has not finalized the proposal
and all potential amendments are subject to change.
IOWA CITY CHARTER i
Preamble
Definitions
Article 1. Powers Of The City
§ 1.01. Powers Of The City.
§ 1.02. Construction.
§ 1.03. Savings Clause.
Article 11. City Council
§ 2.01. Composition.
§ 2.02. Division Into Council Districts.
§ 2.03. Eligibility.
§ 2.04. Terms.
§ 2.05. Compensation.
§ 2.06. Mayor.
§ 2.07. General Powers And Duties.
§ 2.08. Appointments.
§ 2.09. Rules; Records.
§ 2.10. Vacancies.
§ 2.11. Council Action.
§ 2.12. Prohibitions.
Article 111. Nomination, Primary Election And Regular Election
§ 3.01. Nomination.
§ 3.02. Primary Election.
§ 3.03. Regular City Election.
Article 1V. City Manager
§ 4.01. Appointment; Qualifications.
§ 4.02. Accountability; Removal.
§ 4.03. Absence; Disability Of City Manager.
§ 4.04. Duties Of City Manager,
§ 4.05. Ineligibility; Prohibited Acts.
Article V. Boards, Commissions And Committees
§ 5.01. Establishment.
§ 5.02. Appointment; Removal.
§ 5.03. Rules.
Article VI. Campaign Contributions And Expenditures
§ 6.01. Limitations On The Amount Of Campaign Contributions.
§ 6.02. Disclosure Of Contributions And Expenditures.
§ 6.03. Definition.
§ 6.04. Violations.
Article VII. Initiative And Referendum
§ 7.01. General Provisions.
§ 7.02. Commencement Of Proceedings, Affidavit.
§ 7.03. Petitions; Revocation Of Signatures.
§ 7.04. Procedure After Filing.
§ 7.05. Action On Petitions.
§ 7.06. Results Of Election.
§ 7.07. Prohibition On Establishment Of Stricter Conditions Or Requirements.
Article VIII. Charter Amendments And Review
§ 8.01. Charter Amendments.
§ 8.02. Charter Review Commission.
Notes
1. The home rule charter of the city, adopted by the voters of the city on November
15, 1973, and by ordinance 76-2792 on January 2, 1976, pursuant to I.G.A. section
372.9, is set out herein as adopted and amended.
M
:u; .P
We, the people of Iowa City, Iowa, 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 its residents and all share the responsibility for it. We hereby adopt this
charter and confer upon it the full home rule powers of a charter city in order to provide
for an honest and accountable council-manager government. By this action, we secure the
benefits of home rule and affirm the values of representative democracy,,. professional
management, strong political leadership. public engagement diversity and inclusiveness
regional cooperation and fair and effective stewardship of our unique environment
Furthermore adoption of this Charter recognizes the following principles:
1. Resident participation on an equitable and inclusive basis as part of the process of
democratic self-government. More specifically:
a. Each individual shall have an opportunity to participate in the life of the city
including economic, cultural and intellectual.
b. Discrimination prohibited by Title 2 of the City Code shall not be tolerated.
2. The provision of ci�t r services including but not limited to those related to the health,
safety, and welfare of its residents in an equitable, inclusive. effective, efficient and ust
manner.
3. The conduct of city business in conformity with the principles and practices of due
process, equal protection under the laws, and protection of individual liberties granted by
the Constitution of the United States, by State of Iowa, and Ib�jocal ordinances.
4. Civility and responsiveness by city employees in their interactions with the public.
(Ord. 15-4621, 5-19-2015)
DEFINITIONS
As used in this charter:
1. "City" means the city of Iowa City, Iowa.
2. "City council" or "council" means the governing body of the city.
3. "Councilmember" means a member of the council, including the mayor.
4. "Shall" imposes a duty.
5. "Must" states a requirement.
6. "May" confers a power.
T "Eligible elector" means a person eligible to register to vote in Iowa City.
Page 3
8. "Qualified elector" means a resident of Iowa City who is registered to vote in Iowa
City.
9. "Board" includes aboard, commission, committee or other similar entity however
designated.
10. "Person" means an individual, firm, partnership, corporation, company, association,
political party, committee or any other legal entity.
11. "Ordinance" means a city law of a general and permanent nature.
12. "Measure", except as provided in article VII, means an ordinance, amendment,
resolution or motion. (Ord. 76-2792, 1-2-1976; amd. Ord. 85-3227, 3-12-1985; Ord. 05-
4152,3-1-2005)
ARTICLE I. POWERS OF THE CITY
Section1.01. Powera O The City.
The city shall have has all powers possible under the constitution and laws of this state.
(Ord. 76-2792, 1-2-1976)
Section 1.02. Construction.
The grant of power to the city under this charter is intended to be broad; the mention of a
specific power in this charter is not intended to be a limitation on the general powers
conferred in this article. (Ord. 76-2792, 1-2-1976)
Section 1.03. Savings Clause
If any provision of this charter, or the application of this charter to any person or
circumstance is held invalid, the invalidity shall not affect other provisions or applications
of this charter. (Ord. 76-2792,1-2-1976)
ARTICLE II. CITY COUNCIL
Section 2.01. Composition.
The city council consists of seven members. As provided in article 111, four, to be known as
councilmembers at large, are to be nominated by eligible electors of the city at large, and
three, to be known as district councilmembers, are to be nominated by eligible electors of
their respective districts. All councilmembers shall be elected by the qualified electors of
the city at large. (Ord. 85-3273, 12-17-1985)
Section 2.02. Division Into Council District .
The council, by ordinance, shall divide the city into three council districts of substantially
equal population. These districts are to be designated as council district A, council district
B, and council district C. (Ord. 76-2792, 1-2-1976)
Section 2.03. EtigibilitX
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)
5ection 2.04. Terms.
At the first election under this charter, all seven councilmembers are to be elected; the
councilmember from council district A, council district C, and the two councilmembers at
large who receive the greatest number of votes cast for councilmember at large are to serve
for terms of four years, and other councilmembers are to serve for terms of two years.
Commencing at the next regular city election, and at all subsequent regular city elections,
all councilmembers elected to fill the positions of those whose terms expire shall be elected
for terms of four years. (Ord. 76-2792,1-2-1976)
Section 2.05. Compensation.
The council, by ordinance, shall prescribe the compensation of the mayor and the other
council members. The council shall not adopt such an ordinance during the months of
November and December immediately following a regular city election. (Ord. 05-4152, 3-1-
2005)
section 2.06. Mayor.
A. Immediately following the beginning of the terms of councilmembers elected at the
regular city election, the council shall meet and elect from among its members the mayor
and mayor pro tem for a term of two years. (Ord. 85-3227, 3-12-1985)
B. The mayor is a voting member of the council, the official representative of the city,
presiding officer of the council and its policy spokesperson. The mayor may add items to
the city council agenda. The mayor shall present to the city no later than February 28 an
annual state of the city message. (Ord. 15-4621, 5-19-2015)
C. The mayor pro tem shall act as mayor during the absence of the mayor. (Ord. 85-3227,
3-12-1985)
Section 2.07. General Powers And Duties.
All powers of the city are vested in the council, except as otherwise provided by state law
or this charter. (Ord. 85-3227, 3-12-1985)
Section 2.08. Appointments.
A. The council shall appoint the city manager.
B. The council shall appoint the city clerk. (Ord. 85-3227, 3-12-1985)
C. The council shall appoint the city attorney. (Ord. 95-3671, 3-28-1995)
Page 5
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)
Sect' n 2.09. Rule • Records.
The council may determine its own rules and shall maintain records of its proceedings
consistent with state law. (Ord. 76-2792, 1-2-1976)
Section 2.10. Vacancies
The council shall fill a vacancy occurring in an elective city office as provided by state law.
(Ord. 76-2792, 1-2-1976)
Se9tion 2.11. Council Action,
Passage of an ordinance, amendment or resolution requires a majority vote of all the
members of the council except as otherwise provided by state law. (Ord. 05-4152, 3-1-
2005)
Se—aian 2.12. Prohibitions.
A. A councilmember may not hold any other city office or be a city employee or elected
county official while serving on the council nor hold any remunerated city office or
employment for at least one year after leaving the council. (Ord. 76-2792, 1-2-1976)
B. With the exception of the appointment of the chief of the police department and chief
of the fire department, which are subject to approval of the city council, neither the council
nor its members may dictate, in any manner, the appointment or removal of any person
appointed by the city manager. However, the council may express its views to the city
manager pertaining to the appointment or removal of such employee. (Ord. 05-4152, 3-1-
2005)
C. A councilmember may not interfere with the supervision or direction of any person
appointed by or under the control of the city manager. (Ord. 76-2792, 1-2-1976)
ARTICLE III. NOMINATION, PRIMARY ELECTION AND REGULAR ELECTION
&ction 3.01. Nomination
A. An eligible elector of a council district may become a candidate for a council district
seat by filing with the Johnson County commissioner of elections a valid petition requesting
that his or her name be placed on the ballot for that office. Unless otherwise provided by
state law, the petition must be filed not more than eighty-five (85) days nor less than sixty-
eight (68) days before the date of the election. Unless otherwise provided by state law, the
{m
petition must be signed by eligible electors from the candidate's district equal in number to
at least two (2) percent of those who voted to fill the same office at the last regular city
election, but not less than ten (10) persons.
B. An eligible elector of the city may become a candidate for an at -large council seat by
filing with the Johnson County commissioner of elections a petition requesting that the
candidate's name be placed on the ballot for that office. Unless otherwise provided by state
law, the petition must be filed not more than eighty-five (85) days nor less than sixty-eight
(68) days before the date of the election. Unless otherwise provided by state law, the
petition must be signed by eligible electors equal in number to at least two (2) percent of
those who voted to fill the same office at the last regular city election, but not less than ten
(10) persons. (Ord. 15-4621, 5-19-2015)
Section 3.02. Primary Election.
A. If there are more than two candidates for a council district seat, a primary election
must be held for that seat with only the qualified electors of that council district eligible to
vote. The names of the two candidates who receive the highest number of votes in the
primary election are to be placed on the ballot for the regular city election as candidates for
that council seat. (Ord. 05-4152, 3-1-2005)
B. If there are more than twice as many candidates as there are at large positions to be
filled, there shall be a primary election held unless the council, by ordinance, chooses to
have a run -off -election. (Ord. 85-3227, 3-12-1985)
Section 3.03, Regular Ci Election.
A. In the regular city election, each council district seat up for election shall be listed
separately on the ballot and only the names of candidates nominated from that council
district shall be listed on the ballot as candidates for that seat. However, all qualified
electors of the city shall be entitled to vote for each candidate. The three council district
seats shall be designated on the ballot as council district A, council district B and council
district C and each shall be elected at large.
B. The at large council seats shall be designated on the ballot as such. (Ord. 85-3227, 3-
12-1985)
ARTICLE IV. CITY MANAGER
Section 4.01. Appointment: Qualifications.
In appointing a city manager, the council shall consider only the qualifications and fitness
of the person without regard to political or other affiliation. During his or her tenure the
city manager shall reside within the city. (Ord. 76-2792, 1-2-1976)
Section 4.02, Accountabilitys Removal.
A. The city manager is under the direction and supervision of the council and holds office
at its pleasure. A city manager removed by the council is entitled to receive termination pay
as provided by contract. (Ord.15-4621, 5-19-2015)
Page 7
B. Upon the resignation or removal of the city manager, the council shall appoint an
individual qualified to perform the duties of city manager to serve at the pleasure of council
or until a city manager is appointed. (Ord. 76-2792, 1-2-1976)
Section 4.03. Absence-, Disability F City manager.
The city manager may designate a qualified city employee as acting city manager to
perform his or her duties during a temporary absence or disability. If the city manager does
not make such a designation, the council shall appoint a qualified city employee to perform
the duties of the city manager until he or she returns. (Ord. 76-2792,1-2-1976)
Section 4.04. Du i s Of City Mgnager.
A. The city manager shall be chief administrative officer of the city and shall:
(1) Insure that the laws of the city are executed and enforced.
(2) Supervise and direct the administration of city government and the official
conduct of employees of the city appointed by the city manager including their
employment, training, reclassification, suspension or discharge as the occasion requires,
subject to state law.
(3) Appoint the chief of the police department and the chief of the fire department
with the approval of the city council.
(4) Supervise the chief of the police department and chief of the fire department,
including their suspension or discharge as the occasion requires. Such supervision shall not
be subject to approval of the city council.
(5) Appoint or employ persons to occupy positions for which no other method of
appointment is provided by state law or this charter.
(6) Supervise the administration of the city personnel system, including the
determination of the compensation of all city employees appointed by the city manager
subject to state law or this charter.
(7) Supervise the performance of all contracts for work to be done for the city,
supervise all purchases of materials and supplies, and assure that such materials and
supplies are received and are of specified quality and character.
(8) Supervise and manage all public improvements, works and undertakings of the
city, and all city -owned property including buildings, plants, systems, and enterprises, and
have charge of their construction, improvement, repair and maintenance except where
otherwise provided by state law.
(9) Supervise the making and preservation of all surveys, maps, plans, drawings,
specifications and estimates for the city.
(10) Provide for the issuance and revocation of licenses and permits authorized by
state law or city ordinance and cause a record thereof to be maintained.
MM
(11) Prepare and submit to the council the annual budgets in the form prescribed
by state law.
(12) Provide the council an itemized written monthly financial report.
(13) Attend council meetings and keep the council fully advised of the financial and
other conditions of the city and its needs.
(14) See that the business affairs of the city are transacted in an efficient manner
and that accurate records of all city business are maintained and made available to the
public, except as otherwise provided by state law.
(15) Provide necessary and reasonable clerical, research and professional
assistance to boards within limitations of the budget.
(16) Perform such other and further duties as the council may direct. (Ord. 05-4152,
3-1-2005)
B. The city manager, in performing the foregoing duties, may:
(1) Present recommendations and programs to the council and participate in any
discussion by the council of any matters pertaining to the duties of the city manager.
(2) Cause the examination and investigation of the affairs of any department or the
conduct of any employee under supervision of the city manager.
(3) Execute contracts on behalf of the city when authorized by the council. (Ord. 85-
3227,3-12-1985)
Section 4.05. I neligibililyt Prohibited Acts.
Except for the exercise of the right to vote, the city manager shall not take part in any
election of councilmembers. This prohibition shall in no way limit the city manager's duty
to make available public records as provided by state law or this charter. (Ord. 76-2792, 1-
2-1976)
ARTICLE V. BOARDS, COMMISSIONS AND COMMITTEES
Section 5.01. Establishment.
A. With the exception of the community police review board, the council may establish
boards in addition to those required by state law and shall specify the title, duties, length of
term, qualifications of members and other appropriate matters. The council may reduce or
increase a board's duties, transfer duties from one board to another or dissolve any board,
except as otherwise provided by state law or this charter.
B. There shall be a permanent community police review board, which shall have vested
in it the following minimum powers:
1. To hold at least one community forum each year for the purpose of hearing views on
the policies, practices, and procedures of the Iowa City police department;
Page 9
2. To make recommendations regarding such policies, practices, and procedures to the
city council;
3. To investigate claims of misconduct by sworn police officers and to issue
independent reports of its findings to the city council; and
4. The authority to subpoena witnesses. (Ord. 15-4621, 5-19-2015)
Section 5 2. Appointment Removal
The council shall, subject to the requirements of state law, seek to provide broad
representation on all boards. The council shall establish procedures to give at least thirty
days' notice of vacancies before they are filled and shall encourage applications by
residents. Council procedures for the removal of members shall be consistent with state
law. (Ord. 05-4152, 3-1-2005; amd. Ord. 15-4621, 5-19-2015)
Section 5.03. Rules.
A. The council shall establish rules and procedures for the operation of all boards, which
must include but are not limited to, the adoption of by-laws and rules pertaining to open
meetings and open records. (Ord. 05-4152, 3-1-2005)
B. The council shall specify, for each board, methods for informal and formal
communication with council, time schedules for the completion of reports requested by
council and such rules as it deems appropriate.
C. A board may establish additional rules and procedures that are consistent with state
law, council rules, and this charter. (Ord. 76-2792, 1-2-1976)
ARTICLE VI. CAMPAIGN CONTRIBUTIONS AND EXPENDITURES
Section 6.01. Limitations On The Amount Of Cam ai n ontrib ti
The council, by ordinance, shall prescribe limitations on the amount of campaign
contributions made to a candidate for election to council by a person as defined in this
charter. (Ord. 95-3671, 3-28-1995)
Section 6.02. Discl sure )[Contributions nd Expenditures.
The council, by ordinance, may prescribe procedures requiring the disclosure of the
amount, source and kind of contributions received and expenditures made by (1) each
candidate for election to council and (2) any and all other persons, for the purpose of aiding
or securing the candidate's nomination or election. (Ord. 05-4152, 3-1-2005)
Section 6.03. Definition
Within this article "contribution" shall be defined as that term is defined in chapter 68A
("campaign finance") of the code of Iowa. (Ord. 05-4152, 3-1-2005; amd. Ord. 15-4621, 5-
19-2015)
Section 4. Violations.
The council, by ordinance, shall prescribe: (1) penalties for the violation of the contribution
limitations and disclosure requirements it establishes pursuant to this section; and (2)
when appropriate, conditions for the revocation of a candidate's right to serve on council if
elected, consistent with state law. (Ord. 05-4152, 3-1-2005)
ARTICLE VII. INITIATIVE AND REFERENDUM
Section 7.01. General Provisions.
A. Authority.
(1) Initiative. The eligible electors have the right to propose measures to the council
and, if the council fails to adopt a measure so proposed without any change in substance, to
have the measure submitted to the voters at an election.
(2) Referendum. The 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) include a proposition enacting,
amending or repealing a new or existing law, policy or plan, as opposed to one providing
for the execution or administration of a law, policy or plan already enacted by council.
B. Limitations.
(1) Subject Matter. The right of initiative and referendum shall not extend to any of
the following:
(a) Any measure of an executive or administrative nature.
(b) The city budget.
(c) The appropriation of money.
(d) The levy of taxes or special assessments.
(e) The issuance of general obligation and revenue bonds.
(f) The letting of contracts.
(g) Salaries of city employees.
(h) Any measure required to be enacted by state or federal law.
(i) Amendments to this charter.
0) Amendments affecting the city zoning ordinance or the land use maps of the
comprehensive plan, including the district plan maps.
Page 11
(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. No measure proposed by
initiative petition and adopted by the vote of the council without submission to the voters,
or adopted by the voters pursuant to this article, may for two years thereafter be repealed
or amended except by a vote of the people, unless provision is otherwise made in the
original initiative measure. No measure referred by referendum petition and repealed by
the vote of the council without submission to the voters, or repealed by the voters pursuant
to this article, may be reenacted for two years thereafter except by vote of the people,
unless provision is otherwise made in the original referendum petition.
C. Construction.
(1) Scope Of Power. It is intended that this article confer broad initiative and
referendum powers upon the eligible electors of the city.
(2) Initiative. It is intended that (a) no initiative petition will be invalid because it
repeals an existing measure in whole or in part by virtue of proposing a new measure and
(b) an initiative petition may amend an existing measure.
(3) Referendum. It is intended that a referendum petition may repeal a measure in
whole or in part.
D. Effect Of Filing Petition. The filing of an initiative or referendum petition does not
suspend or invalidate any measure under consideration. Such measure shall remain in full
force and effect until its amendment or repeal by council pursuant to section 7.05A or until
a majority of the qualified electors voting on a measure vote to repeal or amend the
measure and the vote is certified.
E. City Obligations. An initiative or referendum vote which repeals an existing measure
in whole or in part does not affect any obligations entered into by the city, its agencies or
any person in reliance on the measure during the time it was in effect. (Ord. 15-4621, 5-19-
2015)
Section 7.02. Commencement Of Proceeding: 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, and setting out in full the proposed
initiative measure or citing the measure sought to be reconsidered.
9M
B. Affidavit The city clerk shall accept the affidavit for Filing if on its face it appears to
have signatures of one or more qualified electors. The city clerk shall issue the appropriate
petition forms to the petitioners the same day the affidavit is accepted for filing. The city
clerk shall cause to be prepared and have available to the public, forms and affidavits
suitable for the commencement of proceedings and the preparation of initiative and
referendum petitions. (Ord. 05-4152, 3-1-2005)
$fiction 7.03. Petitions: Revocation Of Signatures.
A. Number Of Signatures. Initiative and referendum petitions must be signed by eligible
electors equal in number to at least ten percent (10%) of the number of persons who voted
in the last regular city election, but such signatures of eligible electors shall be no fewer
than ten. (Res. 16-258, 8-29-2016)[November 2016 Special Election]
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. Petitions prepared for
circulation must contain or have attached thereto throughout their circulation the full text
of the measure proposed or sought to be reconsidered. The petition filed with the city clerk
need have attached to it only one copy of the measure being proposed or referred.
C. Affidavit Of Circulator. Each paper of a petition containing signatures must have
attached to it when filed an affidavit executed by an 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 of the measure proposed or sought to be reconsidered. Any
person filing a false affidavit will be liable to criminal penalties as provided by state law.
D. Time For Filing Initiative Petitions. Signatures on an initiative petition must be
secured and the petition filed within six months after the date the affidavit required under
section 7.02A was filed.
E. Time For Filing Referendum Petitions. Referendum petitions may be filed within sixty
days after final adoption by the council of the measure sought to be reconsidered, or
subsequently at any time more than two years after such final adoption. The signatures on
a referendum petition must be secured during the sixty days after such final adoption;
however, if the petition is filed more than two years after final adoption, the signatures
must be secured within six months after the date the affidavit required under section 7.02A
was filed.
F. Revocation Of Signature. Prior to the time a petition is filed with the city clerk, a
signatory may revoke his or her signature for any reason by filing with the city clerk a
statement of his or her intent to revoke his or her signature. After a petition is filed a
signatory may not revoke his or her signature. The city clerk shall cause to be prepared and
have available to the public, forms suitable for the revocation of petition signatures. (Ord.
15-4621,5-19-2015)
Page 13
Secti n 7. 4. Pr c dure After Filing.
A. Validity Of A Petition. A petition is valid if it contains the minimum required
signatures by eligible electors in the required form and with the required content and
accompanied by the affidavit of circulator as set forth in section 7.03. The petition shall 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.
B. Hearing On Objections; Objections Committee. Written objections timely filed with the
city clerk shall be considered by an objections committee made up of the mayor and city
clerk and one member of the council chosen by the council by ballot, and a majority
decision shall be final. The hearing on the objections shall be held within ten days of receipt
of the objections.
C. Court Review. To the extent allowed bylaw, court review of the objections
committee's actions shall be by writ of certiorari. (Ord. 15-4621, 5-19-2015)
Section 7.05. Action On Petitions
A. Action By Council. When an initiative or referendum petition has been determined
valid, the council shall promptly consider the proposed initiative measure or reconsider the
referred measure. If the council fails to adopt a proposed initiative measure and falls to
adopt a measure which is similar in substance within sixty days, or if the council fails to
repeal the referred measure within thirty days after the date the petition was finally
determined valid, it shall submit the proposed or referred measure to the qualified electors
of the city as hereinafter prescribed. If at any time more than thirty days before a scheduled
initiative or referendum election the council adopts the proposed initiative measure or
adopts a measure which is similar in substance or if the council repeals a referred measure,
the initiative or referendum proceedings shall terminate and the proposed or referred
measure shall not be submitted to the voters.
B. Submission To Voters.
(1) Initiative. The vote of the city on a proposed measure shall be held at the regular
city election or at the general election which next occurs more than forty days after the
expiration of the sixty day period provided for consideration in section 7.05A, provided
that the initiative petition was filed no less than 80 days prior to the deadline imposed by
state law for the submission of ballot questions to the commissioner of elections.
(2) Referendum. The vote of the city on a referred measure shall be held at the regular
city election or at the general election which next occurs more than forty days after the
expiration of the thirty day period provided for reconsideration in section 7.05A, provided
that the referendum petition was filed no less than 50 days prior to the deadline imposed
by state law for the submission of ballot questions to the commissioner of elections. The
Page 14
council may provide for a special referendum election on a referred measure any time
more than 120 days after the filing of the referendum petition with the city clerk.
C. Ballot. Copies of the proposed or referred measure shall be made available to the
qualified electors at the polls and shall be advertised at the city's expense in the manner
required for "questions" in section 376.5 of the Iowa Code. The subject matter and purpose
of the referred or proposed measure shall be indicated on the ballot. (Ord. 15-4621, 5-19-
2015)
Section 7.06. Results Of Election.
A. Initiative. If a majority of the qualified electors voting on a proposed initiative
measure vote in its favor, it shall be considered adopted upon certification of the election
results. The adopted measure shall be treated in all respects in the same manner as
measures of the same kind adopted by the council, except as provided in section 7.01B(3).
If conflicting measures are approved by majority vote at the same election, the one
receiving the greatest number of affirmative votes shall prevail to the extent of such
conflict.
B. Referendum. If a majority of the qualified electors voting on a referred measure vote
in favor of repealing the measure, it shall be considered repealed upon certification of the
election results. (Ord. 15-4621, 5-19-2015)
Section 7.07. Prohibition On Establishment Of Stricter Conditions Or Reouiremen
The council shall not set, except by charter amendment, conditions or requirements
affecting initiative and referendum. (Ord. 15-4621, 5-19-2015)
ARTICLE VIII. CHARTER AMENDMENTS AND REVIEW
Section 8.01. Charter Amendments.
This charter may be amended only by one of the following methods:
A. The council, by resolution, may submit a proposed amendment to the voters at a
special city election, and the proposed amendment becomes effective when approved by a
majority of those voting.
B. The council, by ordinance, may amend the charter. However, within thirty (30) days of
publication of the ordinance, if a petition valid under the provisions of section 362.4 of the
code of Iowa is filed with the council, the council must submit the amending ordinance to
the voters at a special city election, and the amendment does not become effective until
approved by a majority of those voting.
C. If a petition valid under the provisions of section 362.4 of the code of Iowa is filed with
the council proposing an amendment to the charter, the council must submit the proposed
amendment to the voters at a special city election, and the amendment becomes effective if
approved by a majority of those voting. (Ord. 05-4152, 3-1-2005)
Page 15
Sgcti n 8.02. Charter Review Commission.
The council, using the procedures prescribed in article V, shall establish a charter review
commission at least once every ten years following the effective date of this charter. The
commission, consisting of at least nine members, shall review the existing charter and may,
within twelve months recommend any charter amendments that it deems fit to the council.
The council shall either exercise its power of amendment pursuant to section 8.01E of the
charter on a matter recommended by the commission or submit such amendments to the
voters in the form prescribed by the commission, and an amendment becomes effective
when approved by a majority of those voting. (Ord. 05-4152, 3-1-2005)
CHARTER COMPARATIVE TABLE
The home rule charter is set out in this volume as adopted by the voters on November 15,
1973, and by ordinance 76-2792, on January 2, 1976. The following table shows the
disposition of amendments to the charter:
Ordinance
Date
Disposition
Number
77-2826
3-15-
6.01
1977
77-2858
9-6-
7.05E
1977
77-2864
9-6-
3.01
1977
85-3227
3-12-
Definitions 7,8, 2.01, 2.03, 2.05 - 2.08, 3.01- 3.03, 4.04, 5.02,
1985
6.04, 7.01 - 7.05, 8.01, 8.02
85-3228
3-12-
6.02
1985
85-3273
12-17-
2.01
1985
90-3462
6-26-
7.03A, 7.04A
1990
95-3671
3-28-
2.0613, 2.08C,E, 3.01A, 6.01, 7.04D
1995
05-4152
3-1-
Definitions 11,12, 2.03, 2.05, 2.11, 2.12B, 3.01A, 3.02A, 4.04A,
2005
5.02, 5.03A, 6.02, 6.03, 6.04, 7.01, 7.02, 7.03B,C,E, 7.04A,B,C,
7.05, 7.06, 8.01, 8.02
Res.07-262
8-31-
5.01
2007
15-4621
5-19-
Preamble, 2.06B, 3.01, 4.02A, 5.01, 5.02, 6.03, 7.01, 7.03, 7.04,
2015
7.05, 7.06, 7.07
Page 16
Poddoo 11- 7.03&
2016
PaAo17