Loading...
HomeMy WebLinkAbout2024-08-13 Charter Review CommissionCHARTER REVIEW COMMISSION Tuesday, August 13, 2024 5:30 PM Emma J. Harvat Hall, City Hall 410 East Washington Street 1. Call to Order and Roll Call 2. Adopt Draft Minutes as Presented or Amended • Draft minutes for 06/27/2024 3. Motion to Accept correspondence (if any) 4. Review of City Charter: Article VII — Initiative and Referendum. 5. Continue General Overview of the City Charter. 6. Tentative Meeting Schedule — 2nd Tuesday and 411 Thursday @5:30pm, upcoming tentative meeting dates as follows: • 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 27, 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) None 1. CALL TO ORDER AND ROLL CALL 2. MOTION TO ADOPT DRAFT MINUTES AS PRESENTED OR AMENDED Commissioner Deeth noted a typo on page four. Chair Balmer Moved by Death, seconded by Patel to approve the June 17, 2024, draft minutes as amended. Motion carried 9-0. 3. Motion to Accept Correspondence No correspondence received. 4. Continue discussion of Review of Citv Charter: Article II — Commissioner Denning thought additional clarification on Section 2.08 Appointments, changing the title to be Appointments and Approvals. Denning suggested adding an additional paragraph labeled F which states, "Appointment of the police chief and fire chief by the city manager shall be subject to city council approval' so that there is city council involvement but is different from the city manager, city attorney and city clerk appointment process. Commissioner DeRoo noted there was a memo from the City Attorney that had different proposed language which was drafted after the discussion at the June 17'h meeting. City Attorney Goers referenced his memo which was included in the June 271h meeting packet, noting that it addressed the issues Denning was trying to clarify. Commissioners agreed to the proposed language from City Attorney Goers for Section 2.08. Commissioner Craig raised a concern with the proposed language for Section 2.12 Prohibitions, letter 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", which was also included in the memo from City Attorney Goers. Craig stated when she read letter C it sounded as though one single council member could interfere with those three positions mentioned. City Attorney Goers pointed out the difference between the council as a whole and a councilmember, noting the council as a whole can interfere with the three appointed positions. Denning confirmed that the language protected the Library Director and Airport Charter Review Commission June 27, 2024 Page 2 Manager and their employees from a single councilmember. Goers pointed out that letter C does indicate a councilmember may not interfere with any city employee which included the Library Director, Airport Manager, and their employees. Commissioners agreed to the proposed language from City Attorney Goers for Section 2.12. 5. Continue General Overview of the City Charter Preamble Chair Balmer noted the updated language in the first paragraph of the preamble which references "strong political leadership" and asked if anyone else had issues with it. Commissioner Craig stated she understood Balmer's position and suggested taking the word political out to read "strong leadership". Commissioners agreed to remove the word ..political". Article III. Nomination, Primary Election and Regular Election Vice Chair Kucera noted in Section 3.01. Nomination, the first sentence where is says "his or her" should be changed to "their". Kucera stated the Commission had discussed making those changes as they reviewed the document. City Attorney Goers asked for consensus from the Commissioners if they would like the change to be made throughout the document. Commissioners agreed to the changes. Commissioner Deeth stated the timeframe between the October primary and November election was tight for the Auditor's office and wondered if the October primary could be moved to the September school board date that is not used anymore, noting he wasn't sure if that would be allowed under state law. Commission Craig said she thought the current timeframe seemed short from a voter perspective to learn about the candidates. Commissioner Deeth and City Attorney Goers would look into state law. Commissioners discussed past elections, candidates, and timing of primary elections. Goers confirmed with Commissioners that there was a consensus for him to look into whether the Commission has any control over the timing of a primary election. Commissioners agreed. Article IV. City Manager Commissioner Craig asked if the "or' in Section 4.02(B) is correct when it states "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. Commissioner Patel gave an example of why "or" would be appropriate indicating the council may decide the individual appointed isn't carrying out the job requirements and they may select someone else. Craig agreed that the explanation made sense. Vice Chair Kucera noted "he or she" in Section 4.03. City Attorney Goers stated that staff would do a search and replace those references throughout the document. Goers also suggested revising the document to capitalize formal titles such as City Manager. The Commission agreed to staff making those changes. Chair Balmer asked if the changes to he/she would conflict with state law. Goers didn't think there would be any reason why those changes couldn't be made and referenced the recent change in state law removing the gender balance requirement for boards and commissions. Commissioner Hayek indicated a possible typo in Section 4.04(A)(2), asking if "Insure' should be "Ensure". Commissioner DeRoo agreed it should be corrected. Charter Review Commission June 27, 2024 Page 3 Vice Chair Kucera asked City Attorney Goers if the language in Section 4.04(A)(5) was still accurate. Goers thought that the language was still accurate even after making the amendments to Article II. Commissioner Craig suggested changing "state law" to "this code" to read, "Appoint or employ persons to occupy positions for which no other method of appointment is provided by this code or this charter." Craig questioned the same language in Section 4.04(A)(6). Commissioners discussed the control of pay for the Library employees and the Airport employees with City Attorney Goers. Commissioner Denning asked if that was something that should be referenced in the Charter. Goers didn't think so but he would take a look. Chair Balmer stated he thought the language in 4.04(A)(6) was appropriate. There was no further discussion regarding changes to 4.04(A)(6). Commissioner DeRoo asked if Section 4.04(A)(9) needed to be updated with all of the technology updates and modern practices. City Attorney Goers thought the language was still acceptable since it does list specific technology and the items listed are still important and viable. Commissioner Hayek stated that unless there has been an issue mentioned from the City Manager's office or the City Attorney's office then it should be left as is. Article V. Boards, Commissions and Committees Commissioner Death asked if anything changed in state law regarding the Community Police Review Board. City Attorney Goers noted that there was a bill that would have eliminated the Board but it did not pass. Commissioner Craig proposed to add language in Section 5.01(A) regarding the appointments made by City Council that encourages them to have boards and commissions be representative of the community. The Commission asked City Attorney Goers to draft some language for their review. The Commission and City Attorney Goers discussed sample language they would like to see drafted. Article VI. Campaign Contributions and Expenditures Commissioner Hayek confirmed that the contribution limit is embedded in an ordinance and suggested that the section not be amended assuming there is broad interest in maintaining those limits. City Attorney Goers confirmed that the $100 is set by ordinance. Article VII. Initiative and Referendum Commissioner Denning asked if there had been previous correspondence regarding the number of signatures required. Commissioner Death stated there was a vote on the 2016 presidential ballot on petition requirements. Commissioner Hayek asked City Attorney Goers if there had been any changes in state law or anywhere else that would make cause for the Commission to make changes in Article VII. Goers said he would review and get back to the Commission. Commissioner DeRoo noted that Article VII is very dense and suggested everyone would benefit from taking some time to review it more comprehensively before discussing it at the next meeting. Commissioner Craig asked if the Commission had made an amendment to change from eligible elector to qualified elector. City Attorney Goers stated there had been a discussion if they should be collapsed into a single term and definition and the Commission had decided against it. Charter Review Commission June 27, 2024 Page 4 Article Vill. Charter Amendments and Review Vice Chair Kucera noted that Section 8.02. Charter Review Commission states that the Commission occurs every 10 years and asked Commissioners if they thought that was too long of a time for a review. City Attorney Goers reminded the Commission that the Charter can be amended in between the 10 years and a more thorough review is done when the Commission meets, noting that it is not the only time the Charter can change. Commissioner Maliabo asked how the 10 years was decided. Chair Balmer stated that is how it was initially set up and thought that it has worded out well. Maliabo asked if it could be changed. Commissioner Hayek pointed out that Section 8.02 states "at least once every ten years" and City Council could choose to establish a Charter Review Commission more frequently. Hayek also stated that the community, through Article VII, to initiate a process to change an existing ordinance or suggest one. Commissioner Craig noted you can not make an amendment to the Charter through that process. 6. TENTATIVE MEETING SCHEDULE Commissioners reviewed the tentative meeting schedule and discussed tentative plans for a public input session. Chair Balmer noted that he had been working with City Clerk Grace on getting a time at the Iowa City Public Library in September for a public hearing and Came up with Saturday, September 28th, commissioners agreed to 10:30 a.m. Balmer asked about having the League of Women Voters be involved to help get the word out. Commissioner Patel stated she was on the Board and would reach out to see if they would be willing to help get the word out. Commissioner DeRoo recommended asking if they would co -brand the meeting so Charter Review could use the logo and state that the League was supporting the event and access to disburse the information to the League membership. Vice Chair Kucera also noted the Commission should be using the resources from the City to promote the meeting through social media, email groups, etc. Chair Balmer would like to have the public input sessions in September and work on a preliminary draft in October to send to the City Council. Vice Chair Kucera suggested having a second public input session on one of the regularly scheduled meeting dates in September. Commissioner Craig voiced concern as to whether the Commission would have consensus by the September loth meeting to have public comment. Chair Balmer noted the topics the Commission has not gotten to were the ones that they wanted public input on prior to the Commission discussing them and making decisions. The Commission will revisit dates for a second public input session at their August meetings. City Attorney Goers asked the Commission if staff should wait on publicizing the public input sessions until they know they are finished with the initial review. Commissioners agreed to wait so they can see how far along they are in the review process at the August 13th meeting. Commissioner Denning suggested asking those who will be giving public comment at the input sessions to also submit a written document so it is clear what they would like to see. Chair Balmer encouraged Commissioners to reach out to people they know and ask them for input and to spread the word. 7. COMMUNITY COMMENT: The following individuals appeared: Martha Hampel and Megan Alter. 8. ADJOURNMENT: Moved by Patel, seconded by Maliabo to adjourn the meeting at 6:29 p.m. Motion carried 9-0. Charter Review Commission May 23, 2024 Page 5 Charter Review Commission - 2024 ATTENDANCE RECORD NAME TERM EXP. A O N A A O la N A A N Cir N A CCA + N A Zn N W N A CD 0) + V N . 0 N N A John Balmer 4/1125 X X X X X X X Susan Craig 4/1125 X X O/E X X X X John Deeth 4/1/25 X X X X X X X Gerene Denning 4/1/25 X X X O/E O/E X X Mackenzie DeRoo 4/1/25 X X O/E X X X X Matt Hayek 4/1125 X X X X X X X Molly Kucera 4/1/25 X X X X X X X Bijou Maliabo 4/1/25 X X X O/E X X X Jennifer Patel 4/1/25 X X X X O/E X X Key. X = Present O = Absent O/E = Absent/Excused NM = No meeting --- = Not a member Kellie Grace From: Riley Eynon -Lynch <riley@rsfic.org> Sent: Wednesday, July 17, 2024 1:16 PM To: *IC Charter Review Commission Subject: Recommendation to restrict voting for council seats to geographical areas RISK •• This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Hello commissioners, I am Riley, Executive Director and co-founder of RSFIC, a local foundation building resilience in Iowa City. We are interested in encouraging a diverse array of civic engagement, and have identified a systemic pattern that we believe decreases diversity in voting for City Council. By combining 2023 turnout data from the Johnson County Auditor and 2020 population data from the US Census, we created the following visualization of voter turnout across Iowa City in the most recent City Council election: 27 Iville h ' >! :N r it , �S.- IA 1 , ry Airport 85 W lu 84 1, 1 1 2023 Cif Ove 40-Ir 30-z 20 j 10--d ■ 0-1( 1 Voter data from Johnson County Auditors office. Population data from the 2020 US Census. The voters that live in a deep green neighborhood are represented at a rate 14 times higher than voters in a deep red neighborhood. We know council candidates strategically campaign in areas where most voters live. Now we also know that voters are not spread evenly throughout the city. With all seats at -large, it makes strategic sense for every single candidate to deprioritize the same red areas, which in turn may lead to even less engagement in those areas. It's a bad feedback loop. Over 50% of our population lives in a deep red zone, but less than 20% of the votes came from those zones, so basically it makes strategic sense for our candidates to deprioritize over 50% of us. RSFIC believes this pattern calls for a systemic change. If voting for seats on the council were restricted to geographical areas, instead of being at -large, then the politician running in each area might naturally be incentivized to engage some of these currently under -engaged areas. Your work is complicated and I know there are many tradeoffs to consider. We'd like to suggest that at least some seats ought to be geographically restricted to hopefully increase engagement between councilors and different parts out of town. Thank you for your service to Iowa City, and please let us know if you would like any elaboration on any of these points! Our data methodology was confirmed by three local experts in geospatial analysis but we'd also be happy to go into more depth about how we arrived at our map and share further analyses we've done. Peace, Riley P5: You may have received correspondence pointing out that there haven't been many cases where at -large general results have been different than the already -restricted primary results, implying that there's not much point in changing the current system. I'd ask you to consider not just the final results but the means of political engagement, and the cultural shift you might be able to enable by directing our council candidates to focus on engaging these under- represented areas. Even if the same person is elected, there's a big difference between YOU electing someone to represent you, and someone ELSE electing them. 2023 City Council Election Over 50% turnout 40-50% turnout 30-40% turnout 20-30% turnout 110-20% turnout .} N 0-10% turnout CR F46 Kellie Grace From: Kellie Grace Sent: Monday, July 22, 2024 3:01 PM To: *IC Charter Review Commission Subject: correspondence - Honohan Attachments: Charter Review Correspondence - Honohan.pdf Please see the attached correspondence received today. This will also be included in your next meeting packet. Thank you 1&WA CITY A UNESCO CITY OF LITERATURE xe. e Cyrace, OW City Clerk office: 319-356-5041 410 E Washington St, Iowa City, IA 52240 WWW ICGOV ORG O AO FARE FREE Iowa City Transit is now FARE FREE! I O W A CITY Learn more at ICGOV.ORG/FAREFREE Jay & Nancy Honohan 1080 Silvercrest Circle Apt 206 Iowa City, Iowa 52240 (319) 338-6990 June 2024 The Iowa City Charter Review Commission Chairman and members I would like to comment on the draft before the Commission. Having served as Police Judge of Iowa City for three years, City Attorney for eleven years, 20 years as member and Chair on the Senior Center Commission, and three ad hoc committees of the City, since 1961, I have had the opportunity to wor-k-with seven city managers and eight mayors. As City attorney I worked with and advised Mayors, City Councils, City managers, City departments heads, City boards and commissions, City employees and the members of the commission which developed the -original Charter of Iowa City. I have reviewed the preliminary draft proposal and have two items for the committee to consider in its final proposal. On 2.01 I suggest adding the word shall at the beginning. Shall makes it mandatory and I think that is needed. Second on the matter of the initiative and referendum I would like the committee to consider adding to the items that cannot be tho-subject of - initiative and referendum the retention or removal -of -an employee or officer of the city of Iowa City. Finally on the subject -of election of the Mayor I think that the current procedure for selection of the Mayor .is in the best interest o-f Iowa City. Two many Cooks spoil the broth. We already have a professional -city-manager. We do not need a non-professional elected Mayor on our city council. Respectfully J Honohan Kellie Grace From: Anthony Naughton <anthony@rsfic.org> Sent: Wednesday, July 24, 2024 5:52 PM Subject: StrongTowns with RSFIC A ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Good evening! You are receiving this email because you have previously shared an interest in participating or were recommended to us as someone who might be interested in learning how to make our community more economically prosperous and resilient, no matter what lies ahead. You are invited to join us for our second Co -Education event Monday at 3pm in the Gathering Space at 1927 Keokuk Street. Co-education sessions will continue bi-weekly for a total of 4 sessions. We hope you'll join us for snacks, community, and good conversation! Co -Education is a RSFIC initiative intended to provide an opportunity for us to collaboratively educate ourselves and each other on our community's strengths, challenges, and nuances. Through this education, we strive to answer the question: "so what can we do about it?" when faced with uncertainty. These sessions are casual, and open to anyone regardless of expertise. This quarter's Co -Education segment will focus on StrongTowns. For our second session, we will cover the videos in Section 2 "How Did This Happen?". Even if you have not watched all of the videos yet you are still welcome to join the conversation. If you have gotten a chance to watch the videos or read some of the supplemental articles, feel free to come up with your own discussion questions as well! If you'd like to participate in co-education sessions, please RSVP here. If you have already RSVP'd or attended, no need to RSVP again. We look forward to you joining the conversation! Anthony P. S. The StrongTowns 101 course is worth 4.25 AICP Credits, please feel free to share this opportunity with anyone in Urban and Regional Planning if they need to maintain a certification. Anthony A. Haughton II (he/Nm) Operations Manager I Resilient & Sustainable Future for Iowa City Hubbard Scholars Program Assistant I University of Iowa - VPSL Adjunct Professor I African American Studies Program Alpha Phi Alpha Fraternity, Inc. Let's Meet: Schedule Here Keep in Touch with RSFIC: Newsletter CITY OF IOWA CITY MEMORANDUM Date: 8/8/24 Charter Review Commission From: • From: Eric R. Goers, City Attorney RE: 6/27/24 Meeting Questions As part of your discussions at your June 271^ meeting, you asked that I research and draft several items. The assignments, and responses, are listed below. Primary Election Dates. Assignment: Research whether the City can, through its Charter, control the timing of primary elections. Response: No. The date of municipal primary elections is set by state law. "f. ifa primary election is necessary, it shall be held on the Tuesday four weeks before the date of the regular city election." Iowa Code § 376.7(1). Board Demographics. Assignment: Draft language for Article 5.01 mandating that Council consider the demographics of board and commission makeup in order to ensure that boards and commissions reflect the community. Response: The wording here is a bit tricky, as we cannot and should not mandate that the appointments reflect the demographic makeup of the community in an exacting way, because Council can only appoint members from the applications submitted, and may chose a candidate they deem more qualified even if a different appointment would better reflect community demographics. In addition, the demographic information portion of the application is optional, so Council might not know the demographics of an applicant, or all of the board members, when considering an appointment. Here is a proposal, with changes made in red: 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 shall consider the available demographics of board and commission members and applicants in making their appointments in an effort to make appointments reflective of the community. 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. Page 1 of 2 Petitions and Initiatives. Assignment: Review all of Article VII to determine if changes in State law mandate changes to the Charter. Response: Because of a change in election law (Iowa Code § 39.2), the City is limited in when it can hold special elections, which would include initiatives and referendums. We can no longer hold a special election in conjunction with the primary election. §39.2(1)(b). Instead, special elections are limited to the following dates: "...for a city, in an odd -numbered year, the first Tuesday in March, the second Tuesday in September, or the first Tuesday after the first Monday in November. For a city, in an even -numbered year, the first Tuesday in March or the second Tuesday in September." This change requires changes in turn to our Charter, which I propose in red below. 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 fails to adopt a measure which is similar in substance within sixty days, or if the Council fails to repeal the referred measure within thirty days after the date the 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 first legally permissible election date 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 first legally permissible election date 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. I could identify no other changes in State law that would require changes to Article VII. of our Charter. I will note that Section 8.01 addresses possible special elections in each of the three paragraphs. In paragraphs A. and B., time constraints on the special election may not be needed, as the changes proposed by Council would not take effect until an election. However, one might consider whether imposing a time constraint, such as "on the first legally permissible election date" might be warranted, as the circumstances in C. might involve a citizen petition forcing Council to take action it does not wish to take. Page 2 of 2 From: Gerene Denning To: IC Charter Review Commission Re: Article II, Section 2.01: Composition As in my earlier comments, I would strongly support changes to Section 2.01 along the lines shown below. These changes are based on the principle of better government is more representative government that is closer to the people and are designed to give greater voice to district residents and to University of Iowa students. Article II, Section 2.01 Section 2.01. Composition. The city council shall consist of seven members as provided in Article III. Four councilmembers, to be known as councilmembers at large, are to be nominated and elected by eligible electors of the city at large, and three, to be known as district councilmembers, are to be nominated and elected by eligible electors of their respective districts. Au eeune"FAembeFS shall be eie..tea by the qualified eie..te.. of the , ity ,t 'aFge. (Ord. 85-3273, 12-17- 1985) The Council will also include a non -voting ex-officio student councilmember appointed by the government of the University of Iowa (UI) student body to serve as a representative of UI students. ADDITIONAL THOUGHTS We as a commission are charged with reviewing our current charter to identify potential improvements in the most informed and most objective way possible. One way in which to accomplish this goal is to draw upon the most highly informed and objective resources available. As has been stated many times, the most valuable tool we have been given is the Model City Charter. It represents the most comprehensive, most highly informed, most objective source of recommendations available To quote the report, "The Model City Charter is the product of more than 100 years of interaction of thought leaders on urban governance, practitioners in city government, and scholars who conduct research on local government.... Increasingly, community activists have been involved in the charter review process as well. In the new edition, the perspectives of all contributors are combined to develop the best current recommendations for promoting ideal city governments." Question: Which is better, to elect district councilmembers by district or at large? What does the Model City Charter say with respect to this question? The mixed model for electing city councilmembers is recommended as being better than other models. Characteristics of the best mixed model for a city of our size and composition are: 0 5-9 seats so that the council "will be wieldy enough to perform these (city) functions properly and yet large enough to be truly representative of the community's options..." We currently have 7 seats. o A mixture of at large and district seats. Whereas we have a mixture of seats designated as at large and district and district councilmembers are required to be from the district, all councilmembers are elected at large. Thus, we are missing an important component of the best mixed model, namely, election of district councilmembers by district voters. o A close ratio of at -large to district seats — our current ratio is 4:3 for at -large to district seats. So, if we were to fully adopt the best practice of electing district councilmembers by as well as from the district, we would then have a mixed model as is recommended by the Model City Charter. We would also have a system that respects the rights of district voters. In summary, taking the long-term, most objective view of things by drawing on the Model City Charter, we could improve our mixed model by electing our district councilmembers by district. In this way, we can both enjoy the full benefits of the mixed model and guarantee the rights of district voters. In addition, our current liaison for UI students is relatively marginalized as they are precluded from contributing to real-time discussions of the council. We owe our students better. QUESTIONS FOR SUPPROTERS OF THE CURRENT SYSTEM THAT ELECTS ALL COUNCILMEMBERS AT LARGE 1. What is the counterargument to the principle that in a district system, district voters have the fundamental right to choose their district councilmember and that our current system denies district voters that fundamental right? a. Who specifically are the district voters that can't be trusted to elect their preferred candidate? Name them and state specifically why they cannot be trusted and allowed free expression of their fundamental rights. b. Explain how the current system is not paternalistic. 2. What is the counterargument to the fact that the Model City Charter explicitly warns against electing all councilmembers at large and defines a mixed model with district councilmembers elected by and from the district as a better model? a. Where is the specific evidence from cities with a similar number of council seats and ratio of at large to district seats that parochialism is a problem? Can examples be provided? b. During creation of the current system, was there discussion about the potential problems related to electing councilmembers at large, namely, the mirror opposite problems from parochialism? If not, why not? If so, were those potential problems ignored? 3. Whereas we have relatively good city councils, can it be argued that all neighborhoods and groups of residents are being served equitably under a system where all councilmembers are elected at large? Have groups of Iowa City residents expressed concerns? If so, what is the evidence that these concerns have been addressed? From: Gerene Denning To: IC Charter Review Commission Re: Article II, Section 2.06: Mayor Question: What is the better way to select the mayor? What does the Model City Charter say with respect to this question? The Model City Charter indicates that there are two equally good options. Option 1: Selection of the mayor by and from the city council. Option 2: At -large election of the mayor by eligible city voters. Commissioner Hayek has provided a summary of the major benefits of selecting the mayor by and from the council as is currently done (See 2024-05-23 meeting packet). This memo seeks to provide a similar summary of the major benefits of popular election of the mayor. The intent is to use these two summaries to guide each commissioner in finding their preference. Electing the mayor by popular vote could provide for: Greater Public Engagement It is interesting to read the Introduction for the Model City Charter. It describes the evolution of the values and goals of the contributors over time. In its earliest versions, there was a focus on the three Es of good city governance, efficiency, effectiveness and economy. With changes in our society came a subsequent added focus on equity. In the most recent version, public engagement has been added as another important value and goal. Electing the mayor at large not only gives the people a more direct voice in choosing the city government's leader but also provides an opportunity to educate the people in the role of the mayor and the impact they and the council may have on the people's lives. Also, with greater public engagement comes greater accountability to the people. A Larger Candidate Pool Currently, eligible mayoral candidates are the seven members of the city council some of whom may be relatively new and inexperienced resulting in a very small qualified candidate pool. At -large election of the mayor would expand the pool of eligible candidates to include previous mayors and councilmembers who are not currently serving on the council or are finishing their term, as well as eligible individuals who have not previously served. Candidates who were previous mayors or councilmembers would have the most direct track record for voters to consider, whereas candidates not previously on the council would have the opportunity to provide their credentials and experience as they most directly apply to serving as mayor. Our council provides a relatively small pool of qualified people. Direct election has the potential to greatly expand this pool. Mayoral Candidates Who Can Best Articulate Their Qualifications and Vision for Iowa City Mayoral candidates would have to make the case to the people that they are the best choice for the position. This would require them to be more thoughtful about and better communicate who they are and what they would bring to the position. In this respect, candidates would need to communicate their proven leadership skills such as professionalism, collegiality and respect for others. They would also need to communicate their administrative and organizational skills and a demonstrated knowledge of the issues facing the city as a whole, as well as the issues that differentially impact populations within the city. With respect to the latter, they would have to make the case that they would work to make sure that no issues would be dismissed simply because they only impacted a minority of Iowa City residents. Finally, they would need to formulate and articulate their vision as to how they, as part of the city government, would seek to improve the people's lives. Related Issues The Mayor as an At -large Voting Councilmember Option 1: To maintain the current number of council seats, the council would be composed of the mayor (elected at large), 3 at -large councilmembers and 3 district councilmembers. The mayor being a voting member of the council would maintain both an odd number to prevent ties and a reasonable ratio of at -large to district seats. Option 2: Adding a mayoral at -large seat to the existing 7-member council would require addition of a second seat for a total of 9. Options for maintaining a close ratio: a. Mayor (at large) + 3 at large + 5 district councilmembers b. Mayor (at large) +4 at large +4 district councilmembers Mayoral Term A 4-year term may be preferable to a 2-year term in that the mayor would not spend half of their term campaigning for re-election. Additionally, the Model City Charter suggests it's better to have the same term length for the mayor and other councilmembers. From: Gerene Denning To: IC Charter Review Commission Re: Article III NOTE Changes to Article II would require the appropriate changes to Article III. f liLI 10 10 With the recognized benefits of rank choice voting, would it be prudent to add language that would adopt rank choice voting should it become legal in Iowa Code? The following is a working draft of proposed amendments as of tune 27. 2024 to the Iowa City Charter by the Charter Review Commission. The Commission has not finalized the 12rol2osal and all potential amendments are subject to change. IOWA CITY CHARTER 1 Preamble Definitions Article 1. Powers 8of Tthe City § 1.01. Powers 9of Tthe City. § 1.02. Construction. § 1.03. Savings Clause. Article II. City Council § 2.01. Composition. § 2.02. Division linto Council Districts. § 2.03. Eligibility. § 2.04. Terms. § 2.05. Compensation. § 2.06. Mayor. § 2.07. General Powers Aand Duties. § 2.08. Appointments. § 2.09. Rules; Records. § 2.10. Vacancies. § 2.11. Council Action. § 2.12. Prohibitions. Article III. Nomination, Primary Election A_ind Regular Election § 3.01. Nomination. § 3.02. Primary Election. § 3.03. Regular City Election. Article IV. City Manager § 4.01. Appointment; Qualifications. § 4.02. Accountability; Removal. Page 1 The following is a working draft of proposed amendments as of June 27.2024 to the Iowa Citx Charter by the Charter Review Commission. The Commission has not finalized the 2roi2osol and all potential amendments are subject to change. § 4.03. Absence; Disability 9of City Manager. § 4.04. Duties 9Qf City Manager. § 4.05. Ineligibility; Prohibited Acts. Article V. Boards, Commissions Aand Committees § 5.01. Establishment § 5.02. Appointment; Removal. § 5.03. Rules. Article VI. Campaign Contributions Ajnd Expenditures § 6.01. Limitations Bon The Amount 99f Campaign Contributions. § 6.02. Disclosure 9of Contributions Aand Expenditures. § 6.03. Definition. § 6.04. Violations. Article VII. Initiative Aand Referendum § 7.01. General Provisions. § 7.02. Commencement 9of Proceedings, Affidavit § 7.03. Petitions; Revocation 92f Signatures. § 7.04. Procedure Aafter Filing. § 7.05. Action Son Petitions. § 7.06. Results 9Qf Election. § 7.07. Prohibition Son Establishment 9of Stricter Conditions 9or Requirements Article Vill. Charter Amendments Aand Review § 8.01. Charter Amendments. § 8.02. Charter Review Commission. Notes 1. The home rule eCharter of the eCity, adopted by the voters of the eCity on November 15,1973, and by ordinance 76-2792 on January 2,1976, pursuant to I.C.A. section 372.9, is set out herein as adopted and amended. Page 2 The following is a working draft of proposed amendments as of hine 27 2024 to the Iowa City Charter by the Charter Review Commission. The Commission has not finalized the proposal and allpotential amendments are subject to change PREAMBLE We, the people of Iowa City, Iowa, pursuant to the constitution and statutes of the sState 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 eCharter 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 no"tical 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 of the process of In democratic self-government. 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 service relating to the health, safety, and welfare of its residents in a fair, equitable and efficient manner. 3. The conduct of eCity business inconformity with the principals and practices of due process, equal protection under the laws, and protection of these individual liberties protected granted by the eConstitution of the United States, by sState of Iowa, and by local ordinances. 4. Civility and responsiveness by eCity employees in their interactions with the public. (Ord.15-4621, 5-19-2015) DEFINITIONS As used in this eCharter: 1. "City" means the eCity of Iowa City, Iowa. 2. "City eCouncil" or "eCouncil" means the governing body of the eCity. 3. "Council member" means a member of the eCouncil, including the mMayor. 4. "Shall" imposes a duty. S. "Must' states a requirement Page 3 The following is a working draft of proposed amendments as of June 27, 2024 to the Iowa City Charter by the Charter Review Commission. The Commission has not finalised the proposal and all potential amendments are subject to change. 6. "May" confers a power. 7. "Eligible elector" means a person eligible to register to vote in Iowa City. B. "Qualified elector" means a resident of Iowa City who is registered to vote in Iowa City. 9. 'Board" includes a board, commission, committee or other similar entity however designated. 10. "Person" means an individual, firm, partnership, corporation, company, association, political party, committee or any other legal entity. 11. 'Ordinance" means a city law of a general and permanent nature. 12. "Measure", except as provided in article VII, means an ordinance, amendment, resolution or motion. (Ord. 76-2792,1-2-1976; amd. Ord. 85-3227, 3-12-1985; Ord. 05- 4152, 3-1-2005) ARTICLE I. POWERS OF THE CITY Section 1.01. Powers OofTthe City. The cCity4as shall have 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 c-City under this eCharter is intended to be broad; the mention of a specific power in this eCharter 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 eCharter, or the application of this eCharter to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this eCharter. (Ord. 76-2792,1-2-1976) ARTICLE 11. CITY COUNCIL Page 4 The following is a working draft of proposed amendments as of lune 27, 2024 to the Iowa QU Charter- by the Charter Review Commission. The Commission has not finalised the proposal and all potential amendments are subject to change. Section 2.01. Composition. The eCity eCouncil consists of seven members. As provided in article III, four, to be known as cCouncil members at_ large, are to be nominated by eligible electors of the eCity at_ large, and three, to be known as district cCouncil members, are to be nominated by eligible electors of their respective districts. All eCouncil members shall be elected by the qualified electors of the eCity at --large. (Ord. 85-3273,12-17-1985) Section 2.02. Division Into Council Districts. The cCouncil, by ordinance, shall divide the eCity into three eCouncil districts of substantially equal population. These districts are to be designated as eCouncil district A, cCouncil district B, and eCouncil district C. (Ord. 76-2792,1-2-1976) Section 2.03. Eligibility. To be eligible to be elected to and to retain a cCouncil position, a person must be an eligible elector of Iowa City, and if seeking or elected to represent a eCouncil district, must be an eligible elector of that cCouncil district. (Ord. 05-4152, 3-1-2005) Section 2.04. Terms. At the first election under this c-Charter, all seven eCouncil members are to be elected; the eCouncil member from eCouncil district A, cCouncil district C, and the two eCouncil members at_ large who receive the greatest number of votes cast for cCouncil member at= large are to serve for terms of four years, and other cCouncil members are to serve for terms of two years. Commencing at the next regular eCity election, and at all subsequent regular eCity elections, all eCouncil members 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 cCouncil, by ordinance, shall prescribe the compensation of the M ayor and the other cCouncil members. The eCouncil shall not adopt such an ordinance during the months of November and December immediately following a regular eCity election. (Ord. 05-4152, 3- 1-2005) A. Immediately following the beginning of the terms of cCouncil members elected at the regular eCity election, the eCouncil shall meet and elect from among its members the 4RMayor and faMayor pPro tjem for a term of two years. (Ord. 85-3227, 3-12-1985) Page 5 The following is a working draft ofpronosed amendments as of June 27. 2024 to the Iowa City Charter by the Charter Review Commission. The Commission has not finalized the proposol and all potential amendrents are subject to change. B. The mMayor is a voting member of the eCouncil, the official representative of the eCity, presiding officer of the eCouncil and its policy spokesperson. The fC+Mayor may add items to the eCity eCouncil agenda. The mMayor shall present to the eCity no later than February 28 an annual s5tate of the eCity message. (Ord.15-4621, 5-19-2015) C. The mMayor pPro tTem shall act as mMayor during the absence of the Mmayor. (Ord. 85-3227, 3-12-1985) Section 2.07. General Powers Aand Duties. All powers of the eCity are vested in the eCouncil, except as otherwise provided by state law or this c-Charter. (Ord. 85-3227, 3-12-1985) Section 2.08. Appointments, A. The eCouncil shall appoint the c-City mManager. B. The eCouncil shall appoint the eCity eClerk. (Ord. 85-3227, 3-12-1985) C. The eCouncil shall appoint the eCity aAttorney. (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. DE. The eCouncil shall appoint all members of the c-City's boards, except as otherwise provided by state law. (Ord. 85-3227, 3-12-1985) E-F. The eCouncil shall fix the amount of compensation, if any, of persons it appoints and shall provide for the method of compensation of other eCity employees. All appointments and promotions of eCity employees by eity eeuReil and city MaRageF must be made according to job -related criteria and be consistent with nondiscriminatory and equal employment opportunity standards established pursuant to law. (Ord. 95-3671, 3-28- 1995) Section 2.09. Rules: Records. The eCouncil 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 eCouncil shall fill a vacancy occurring in an elective eCity office as provided by state law. (Ord. 76-2792,1-2-1976) Page 6 The following is a working draft of proposed amendments as of lune 27 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. Section 2.11. Council Action. Passage of an ordinance, amendment or resolution requires a majority vote of all the members of the sCouncil except as otherwise provided by state law, (Ord. 05-4152, 3-1- 2005) Section 2.12. Prohibitions, A. A sCouncil member may not hold any other sCity office or be a sCity employee or elected county official while serving on the sCouncil nor hold any remunerated eCity office or employment for at least one year after leaving the eCouncil. (Ord. 76-2792, 1-2-1976) B. With the exeepweR e f the appointment of tl.....hIe f of the pal i6...1..part.......t ....d eh F of the Ai-e depaAfnent, which are subject to approval of the eity eauncil, neither the ea- appeimed by the ck), manager. 4.......yeF, the cil m eXpFessitsviews to the Git.. 20951 With the exception of powers provided in Section 2.08. a Council member 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 ... unei'........ber may not int....F...-.. wkh the ....„..... si..n ordireCti......F.................. appointed by or i--. der the r ..tral of the city manager. (Ord. 76 2792 , 2 , 97L� A Council member may not interfere with the supervision or direction of anyCity employee other than the City Manager, City Attorney. or CityClerk. ARTICLE III. NOMINATION, PRIMARY ELECTION AND REGULAR ELECTION Section 3.01. Nomination. A. An eligible elector of a eCouncil district may become a candidate for a eCouncil district seat by filing with the Johnson County sCommissioner of eElections a valid petition requesting that their 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 fewer 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 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 eCity election, but not less -fewer than ten (10) persons. Page 7 The following is a working draft of proposed amendments as offune 27 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. B. An eligible elector of the eCity may become a candidate for an at -large eCouncil seat by filing with the Johnson County eCommissioner of eElections 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 -fewer 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 eCity election, but not less -fewer 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 eCouncil district seat, a primary election must be held for that seat with only the qualified electors of that eCouncil 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 eCity election as candidates for that eCouncil 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 eCouncil, by ordinance, chooses to have a run-off- election. (Ord. 85-3227, 3-12-1985) Section 3.03. Regular City Election. A. In the regular eCity election, each eCouncil district seat up for election shall be listed separately on the ballot and only the names of candidates nominated from that eCouncil district shall be listed on the ballot as candidates for that seat However, all qualified electors of the eCCity shall be entitled to vote for each candidate. The three eCouncil district seats shall be designated on the ballot as eCouncil district A, eCouncil district B and eCouncil district C and each shall be elected at --large. B. The at --large eCouncil seats shall be designated on the ballot as such. (Ord. 85-3227, 3- 12-1985) ARTICLE IV. CITY MANAGER Section 4.01. Appointment: Qualifications. Page 8 The following is a working draft of proposed amendments as of June 27. 2024 to the Iowa City Charter by the Charter Review Commission The Commission has not finalized the proposal and allpotential amendments are subject to change. In appointing a eCity mManager, the eCouncil shall consider only the qualifications and fitness of the person without regard to political or other affiliation. During h;s-ar :2f-Jbe-r tenure the eCity mManager shall reside within the eCity. (Ord. 76-2792, 1-2-1976) Section 4.02. Accountability: Removal. A. The eCitymManager is under the direction and supervision of the eCouncil and holds office at its pleasure. A eCity mManager removed by the eCouncil is entitled to receive termination pay as provided by contract. (Ord.15-4621, 5-19-2015) B. Upon the resignation or removal of the eCitymManager, the eCouncil shall appoint an individual qualified to perform the duties of eCity mManager to serve at the pleasure of eCouncil or until a eCity mManager is appointed. (Ord. 76-2792,1-2-1976) Section 4.03. Absence: Disability Gof City Manager, The eCity mManager may designate a qualified cCity employee as acting eCity fFt anger to perform hiser her their duties during a temporary absence or disability. If the cCity mManager does not make such a designation, the eCouncil shall appoint a qualified eCity employee to perform the duties of the eCity mCanager until he or she -they returns. (Ord. 76-2792,1-2-1976) Section 4.04, Duties 9of City Manager. A. The eCitymManager shall be chief administrative officer of the eCity and shall: (1) lasueeEnsure that the laws of the eCity are executed and enforced. (2) Supervise and direct the administration of eCity government and the official conduct of employees of the eCity appointed by the eCity mManager including their employment, training, reclassification, suspension or discharge as the occasion requires, subject to state law. (3) Appoint the eChief of the pFolice dDepartment and the eChief of the #Fire dDepartment with the approval of the eCity eCouncil. (4) Supervise the eChief of the police dDepartment and eChief of the #Eire dDepartment, including their suspension or discharge as the occasion requires. Such supervision shall not be subject to approval of the eCity cCouncil. (5) Appoint or employ persons to occupy positions for which no other method of appointment is provided by state law or this eCharter. Page 9 The following is a working draft of proposed omendments as of June 27.2024 to the Iowa City Charter by the Charter Review Conunission The Commission has not finalized the proposal and all potential amendments are subject to change. (6) Supervise the administration of the eCity personnel system, including the determination of the compensation of all eCity employees appointed by the eCity m vManager subject to statp. law this Code or this eCharter. (7) Supervise the performance of all contracts for work to be done for the eCity, 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 eCity, 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 eCity. (10) Provide for the issuance and revocation of licenses and permits authorized by state law or eCity ordinance and cause a record thereof to be maintained. (11) Prepare and submit to the eCouncil the annual budgets in the form prescribed by state law. (12) Provide the Council an itemized written monthly financial report (13) Attend eCouncil meetings and keep the Council fully advised of the financial and other conditions of the eCity and its needs. (14) See that the business affairs of the eCity are transacted in an efficient manner and that accurate records of all eCity 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 eCityHManager, in performing the foregoing duties, may: (1) Present recommendations and programs to the eCouncil and participate in any discussion by the eCouncil of any matters pertaining to the duties of the eCity-FwManager. (2) Cause the examination and investigation of the affairs of any department or the conduct of any employee under supervision of the eCity mManager. (3) Execute contracts on behalf of the eCity when authorized by the eCouncil. (Ord. 85-3227, 3-12-1985) Page 10 The following is a working draft of proposedamendments as of June 27 2024 to the Iowa QLV Charter by the Charter Review Commission. The Commission has not finalized the proposal and all potential amendments are subject to change. Section 4.05. Ineligibility: Prohibited Acts. Except for the exercise of the right to vote, the eCity mManager shall not take part in any election of eCouncil members. This prohibition shall in no way limit the eCity mf4anager's duty to make available public records as provided by state law or this eCharter. (Ord. 76- 2792, 1-2-1976) ARTICLE V. BOARDS, COMMISSIONS AND COMMITTEES Section 5.01. Establishment. A. With the exception of the ECommunitypQolice f$eview board, the eCouncil 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 eCouncil 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 eCharter. B. There shall be a permanent ECommunity pPolice (Review bBoard, 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 pPolice dpepartmentand 2. To make recommendations regarding such policies, practices, and procedures to the ECity eCouncil; and 3. To investigate claims of misconduct by sworn police officers and to issue independent reports of its findings to the eCity eCouncil; and 4. The authority to subpoena witnesses. (Ord.15-4621, 5-19-2015) Section 5.02. Appointment: Removal. The eCouncil shall, subject to the requirements of state law, seek to provide broad representation on all boards. The eCouncil 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. Page 11 The following is a working draft of proposed amendments as of tune 27.2024 to the Iowa City Chatter by the Charter Review Commission, The Commission has not finalized the proposal and all potential amendments are subject to change. A. The eCouncil 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 eCouncil shall specify, for each board, methods for informal and formal communication with eCouncil, time schedules for the completion of reports requested by eCouncil and such rules as it deems appropriate. C. A board may establish additional rules and procedures that are consistent with state law, eCouncil rules, and this eCharter. (Ord. 76-2792,1-2-1976) ARTICLE VI. CAMPAIGN CONTRIBUTIONS AND EXPENDITURES Section 6.01. Limitations Bon Tthe Amount8of Campaign Contributions. The eCouncil, by ordinance, shall prescribe limitations on the amount of campaign contributions made to a candidate for election to eCouncil by a person as defined in this eCharter. (Ord. 95-3671, 3-28-1995) Section 6.02. Disclosure Oof Contributions Aand Expenditures. The eCouncil, 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 eCouncil 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 eCode of Iowa. (Ord. 05-4152, 3-1-2005; amd. Ord. 15-4621, 5- 19-2015) iolations The eCouncil, 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 eCouncil if elected, consistent with state law. (Ord. 05-4152, 3-1-2005) ARTICLE VIL INITIATIVE AND REFERENDUM Page 12 The following is a working draft f proposed amendments as of June 27, 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. Section 7,01. General Provisions. A. Authority. (1) Initiative. The eligible electors have the right to propose measures to the eCouncil and, if the eCouncil 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 eCouncil of an existing measure and, if the eCouncil 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 eCouncil. 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 eCity 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 eCity employees. (h) Any measure required to be enacted by state or federal law. (i) Amendments to this cCharter. Q) Amendments affecting the eCity zoning ordinance or the land use maps of the comprehensive plan, including the district plan maps. (k) Public improvements subsequent to c-City eCouncil action to authorize acquisition of property for that public improvement, or notice to bidders for that public improvement, whichever occurs earlier. "Public improvement" shall mean any building or construction work. Page 13 The following is a working draft of proposed amendments as of June 27.2024 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. (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 Aand Reenactment. No measure proposed by initiative petition and adopted by the vote of the eCouncil 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 eCouncil 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 sCity. (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 9Qf 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 eCouncil 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 sCity, 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 9uf Proceedings: Affidavit. A. Commencement. One or more qualified electors, hereinafter referred to as the "petitioners," may commence initiative or referendum proceedings by filing with the sCity eClerk 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 Page 14 The following is a working draft of proposed amendments as of June 27, 2024 to the Iowa City Charter by the Charter Review Commission. The Commission has not finalized the lirol2osal and all potential amendments ore subject to change. the address to which all relevant notices are to be sent, and setting out in full the proposed initiative measure or citing the measure sought to be reconsidered. B. Affidavit. The eCityeClerk shall accept the affidavit for filing if on its face it appears to have signatures of one or more qualified electors. The eCity eClerk shall issue the appropriate petition forms to the petitioners the same day the affidavit is accepted for filing. The eCity eClerk shall cause to be prepared and have available to the public, forms and affidavits suitable for the commencement of proceedings and the preparation of initiative and referendum petitions. (Ord. 05-4152, 3-1-2005) Section 7.03. Petitions: Revocation Pof Signatures. A. Number 9Qf 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 eCity 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 Aand 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 eCity eClerk need have attached to it only one copy of the measure being proposed or referred. C. Affidavit 8Qf 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 l �;thev personally circulated it, that all signatures were affixed in h s4r--;er heir presence, that e-they 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 ffor 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 Ffor Filing Referendum Petitions. Referendum petitions may be filed within sixty days after final adoption by the eCouncil 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; Page 15 The following is a working draft of amendments as of Tune 27 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 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 9of Signature. Prior to the time a petition is filed with the eCity eClerk, a signatory may revoke hk er hpr their signature for any reason by filing with the eCity eClerk a statement of his her their intent to revoke hi.,; Ar hpr their signature. After a petition is filed a signatory may not revoke rthgir signature. The eCity eClerk 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) Section_7,04. Procedure Aafter A. Validity 9of Aa 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 eCity eClerk 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 sCity eClerk within five working days after the petition is received. B. Hearing Son Objections; Objections Committee. Written objections timely filed with the eCity eClerk shall be considered by an objections committee made up of the rnMayor and eCityeClerk and one member of the eCouncil chosen by the eCouncil 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 sObjections eCommittee's actions shall be by writ of certiorari. (Ord.15-4621, 5-19-2015) Section 7.05. Action Son Petitions, A. Action R¢y Council. When an initiative or referendum petition has been determined valid, the eCouncil shall promptly consider the proposed initiative measure or reconsider the referred measure. If the eCouncil fails to adopt a proposed initiative measure and fails to adopt a measure which is similar in substance within sixty days, or if the eCouncil 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 eCity as hereinafter prescribed. If at any time more than thirty days before a scheduled initiative or referendum election the eCouncil adopts the proposed initiative measure or adopts a measure which is similar in substance or if the eCouncil repeals a Page 16 The following is a working draft of proposed amendments as ofJune 27, 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. referred measure, the initiative or referendum proceedings shall terminate and the proposed or referred measure shall not be submitted to the voters. B. Submission Tio Voters (1) Initiative. The vote of the eCity on a proposed measure shall be held at the regular eCity 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 -fewer than 80 days prior to the deadline imposed by state law for the submission of ballot questions to the eCommissioner of eElections. (2) Referendum. The vote of the eCity on a referred measure shall be held at the regular eCity 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 -fewer than 50 days prior to the deadline imposed by state law for the submission of ballot questions to the eCommissioner of eClections. The eCouncil 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 eCity cClerIc 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 eCity'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) 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 eCouncil, 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) Page 17 The following is a working draft of proposed amendments as of June 27 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. The eCouncil shall not set, except by eCharter 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 eCharter may be amended only by one of the following methods: A. The eCouncil, by resolution, may submit a proposed amendment to the voters at a special eCity election, and the proposed amendment becomes effective when approved by a majority of those voting. B. The eCouncil, by ordinance, may amend the eCharter. However, within thirty (30) days of publication of the ordinance, if a petition valid under the provisions of section 362.4 of the eCode of Iowa is filed with the eCouncil, the eCouncil must submit the amending ordinance to the voters at a special eCity 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 eCode of Iowa is filed with the eCouncil proposing an amendment to the eCharter, the eCouncil must submit the proposed amendment to the voters at a special eCity election, and the amendment becomes effective if approved by a majority of those voting. (Ord. 05-4152, 3-1-2005) Section 8.02. Charter Review Commission. The eCouncil, using the procedures prescribed in article V, shall establish a eCharter rReview eCommission at least once every ten years following the effective date of this eCharter. The eCommission, consisting of at least nine members, shall review the existing eCharter and may, within twelve months recommend any eCharter amendments that it deems fit to the eCouncil. The eCouncil shall either exercise its power of amendment pursuant to section 8.0113 of the cCharter on a matter recommended by the eCommission or submit such amendments to the voters in the form prescribed by the eCommission, and an amendment becomes effective when approved by a majority of those voting. (Ord. 05- 4152, 3-1-2005) OM The following is a working draft ofprroposed amendments as of June 27 2024 to the Iowa City Charter by the Charter Review Commission. The Commission has not finalized the proms and all potential amendments are subject to change CHARTER COMPARATIVE TABLE The hliome eJ;ule c-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 eCharter: Ordinance Date Disposition Number 77-2826 3-15- 6.01 1977 77-2858 9-6- 7.05B 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 Petition 11- 7.03A 2016 Page 19 The following is a working draft of proposed amendments as of June 27 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 , Page 20 LATE HANDOUTS -- THE FOLLOWING DOCUMENTS WERE DISTRIBUTED AT THE MEETING Kellie Grace From: Kellie Grace Sent: Tuesday, August 13, 2024 1:56 PM To: John Balmer Subject: Charter meeting These are the files I could find in my office since 2010. Thank you Kellie Proposed Public Measure filed March 8.2oao November 2, 2olo General Election Iowa City Bar Admission Age Be it resolved that Ordinance No. 10-4388, which amended the bar entry age from nineteen (19) years of age to the "legal age," which is currently twenty-one (21) years of age, be repealed. Yes (back to 19) 13861(48%) No (keep at 21) 15188 (52%) Initiative filed April 7. 2011 — Affidavit to Commence Initiative or Referendum "Restaurant Exemption to the 21 Ordinance" City Attorney concluded the proposed amendment was "substantially the same" as the measure submitted to the voters at the November 2, 2olo election, and therefore, pursuant to Section 7.o1(B)(3) of the City Charter the petition may not be filed until November 2, 2012. Initiative filed June 22, 2012 — Affidavit to Commence Initiative or Referendum "Ordinance repealing Title 9, "Motor Vehicles and Traffic", Chapter 11, "Automated Traffic Enforcement' to restrict use of Automated Traffic Law Enforcement Systems. City Attorney concluded the proposed measure was not an initiative under the City Charter, but rather a referendum seeking to repeal the ordinance adopted by City Council on February 21, 2012. The affidavit was untimely because Section 7.03(C) of the Charter required referendum petitions be filed "within 6o days after final adoption of the measure sought to be reconsidered, or subsequently at anytime more than two years after such final adoption." In addition to seeking a repeal of the ordinance, the proposal asked that a new chapter be substituted in its place. The City Attorney stated that the proposed substitution did not change the proposal from a "referendum" to an "initiative". Initiative filed JUIV 27, 2012 — Affidavit to Commence Initiative or Referendum "Ordinance enacting a new chapter of Title 9 of the City Code of Iowa City to restrict the use of traffic enforcement cameras and drones, automatic license -plate recognition systems, and other kinds of traffic surveillance systems." The City Attorney concluded that the affidavit filed commences a referendum under Title VII of the City Charter and was untimely. Petitioners refrained the proposal in the affirmative, however was still request to council to reconsider the ordinance previously passed on February 21, 2012. Initi tive filed October 2012 - Affidavit to Commence Initiative or Referendum "Ordinance enacting a new chapter of Title 9 of the City Code of Iowa City to restrict the use of traffic enforcement cameras and drones, automatic license -plate recognition systems, and other kinds of traffic surveillance systems." City Council repealed the ordinance, adopted an ordinance similar in substance to the proposed initiative and nothing went on the ballot. Ordinance 13-4539, adopted June 18, 2013 Proposed Public Measure filed April 30, 2o1g November 5, 2013 General Election Public measure: Bar admission age (50% required) Shall the following public measure be adopted? Be it resolved that Ordinance No. 10-4388, which amended the bar entry age from nineteen (i9) years of age to the "legal age," which is currently twenty-one (21) years of age, be repealed. Yes (back to 19) 3623 (34%) No (keep at 21) 7191(66%) Initiative filed April 9. 2013 - Affidavit to Commence Initiative or Referendum "Criminal possession of marijuana, as described in I.C.A 124.401, shall not be enforced within the city limits of the City of Iowa City." The City Attorney concluded that the City of Iowa City does not have the authority to adopt a measure declaring that a state criminal law shall not be enforced within the city limits of Iowa City. Proposed Public Measure filed August 8. 2016 November 8, 2016 General Election Public measure: Petition to amend the Iowa City Charter Article VII (Initiative and Referendum), Section 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 .; my fivepereeat (-21 ten percent of the number of persons who voted in the last regular city election, but such signature of eligible electors shall be no fewer than three theitsand six hundred ten. Rv517 (Zsst ) YLt Yes 5890-(52* No 539tf4696j- 1tgU1 ('+2-"&`, wo MWA CITY A UNESCO CITY OF LITERATURE x6fliie Come, eve City Clerk office: 319-356-5041 410 E Washington St, Iowa City, IA 52240 VVVVtrVJCGOV 0RG 4 00 FARE FREE Iowa City Transit is now FARE FREE! o W I T Y Learn more at ICGOV.ORGlFAREFREE From: John Balmer <iohr,FJosda.ccm> Sent: Tuesday, August 13, 2024 8:58 AM To: Kellie Grace <KGrace,�iowa-city c rla> Subject: Charter meeting A ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Good Morning Kellie Wondering if for our discussion on Article Vil on initiative and referendum what we might have for history of how often this has been utilized?? I should have asked earlier and hope this isn'ttoo much of a bother. Thankyou John 4 Psc DISTRIBUTION JOHN BALMER PH:319-338-3601 FAX: 319-337-7937 wwwpsca.cgm ©oq COMMUNITY?Zo, INPUT FORUM CHARTER REVIEW COMMSISION WE INVITE YOU TO ATTEND. The Charter is a document that determines how the government of Iowa City is organized, and provides the legal basis for: Composition and Employment and Relationship with election of the City Council and Mayor duties of the City Manager City Boards and Commissions Restrictions on campaign contributions Procedures for referen- dums and initiatives CUMMENTS & QUESTIUNS: `Send your questions or comments to: CityCharter@iowa-city.org 'All correspondence is public record nth, Oav, 2024 Nall Charter Review Commission % City Clerk I , City of Iowa City r " -It 410 E. Washington St Iowa City, IA 52240 '"'�'�'�,■ CITY OF IOWA CITY