HomeMy WebLinkAbout2024-08-28 Charter Review CommissionCHARTER REVIEW COMMISSION
Wednesday, August 28, 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 08/13/2024
3. Motion to Accept correspondence (if any)
4. Staff response to Commission questions previously posed.
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5. Review of City Charter: Article VIII — Charter Amendments and Review
6. Continue General Overview of the City Charter
7. Discuss Upcoming Community Input Forums
8. Tentative Meeting Schedule — 2nd Tuesday and 4d' Thursday @ 5:30 p.m., upcoming
tentative meeting dates as follows:
• Tuesday, September 10
• Tuesday, September 10, Community Input Forum (6:30 p.m. at ICPL)
• Thursday, September 26
• Saturday, September 28, Community Input Forum (10:30 a.m. at City Hall)
9. 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 ICCharterCrDiowa-
city.orq.
10. 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
August 13, 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 (5:42 p.m.), 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
Commissioner Hayek noted a correction on page four, amending "to initiate" to "can initiate"
in the first paragraph.
Moved by Patel, seconded by Kucera to approve the June 27, 2024, draft minutes as
amended. Motion carried 8-0, Maliabo absent.
3. Motion to Accept Correspondence
Moved by Craig, seconded by Deeth to accept correspondence from Riley Eynon -
Lynch, Jay Honohan, and Anthony Haughton. Motion carried 8-0, Maliabo absent.
4. Review of City Charter: Article VII — Initiative and Referendum
City Attorney Goers reviewed the memo included in the August 13'" meeting packet which
responded to a number of items the Commission asked Goers to research at the June 27"'
meeting.
(1) The first item was whether the City can, through its Charter, control the timing of primary
elections. Goers informed the Commission that the date of the municipal primary
elections is set by state law, therefore can not be changed by the Charter.
(2) The Commission asked City Attorney Goers to draft language for Article 5.01 mandating
that City Council consider the demographics of board and commission makeup in order
to ensure the boards and commissions reflect the community. Goers noted that the
Commission shouldn't tie the hands of council due to the following: council can only
appoint those who apply which wouldn't necessarily reflect the community, council
shouldn't pass over a more qualified applicant for a less qualified applicant if the less
qualified applicant fits the demographics, and the demographic information for board
members and applicants is optional so the council may not have the information to make
the appointment. Goers suggested inserting the following sentence in 5.01(A): 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. Commissioner Hayek asked if demographics was defined anywhere.
Charter Review Commission
August 13, 2024
Page 2
Goers noted that the Charter did not define demographics, but the board and
commission application had a section for demographics which is not mandated and
could change anytime. Chair Balmer stated he thought that the Charter should be as
general as possible. Goers added that if the Council asked him to define demographics
it would not be by race only, it could include gender, religion, national origin, age,
disability, etc. Individual Commissioners expressed their views. Commissioners agreed
to the proposed language from City Attorney Goers in Section 5.01(A).
(3) The Commission had asked City Attorney Goers to review Article VII to determine if
changes in state law mandate changes to the Charter. Goers noted there had been
changes in state law that govern when special elections may take place and that the
current options in the Charter may not be available. Goers stated Iowa Code has a
listing of dates for odd and even numbered years which he thought would be
cumbersome to list in the Charter and could change again before the Commission meets
again. Goers suggested the following language: remove "
" and replace with "first legally permissible election
date", in both Sections 7.05(8)(1) and 7.05(B)(2), subject to the various day limitations
that ensure that the election can take place. Goer also pointed out he removed the last
sentence in 7.05(B)(2) which states: "
FefeFendwm petition with the City GIeFI ", noting it would not be needed if the Commission
went with the language of the first legally permissible election date. Commissioner Deeth
stated he like the flexibility the language gives noting that election law has been a
moving target the last few years. Commissioner Hayek asked what the policy idea was
behind the current wording on the timing of a special election and tying it the primary
election, wondering it if was to keep costs down. City Attorney Goers speculated that
was case as the costs were often discussed for petitions and initiatives. Commissioner
Hayek also asked if any of the prescribed state law dates align with local elections.
Commissioner Deeth stated November of odd years would be the only date that aligns
with state law. Additional discussion regarding aligning initiatives or referendums to a
regularly scheduled election to boost turnout or save on costs and still comply with state
law. Commissioners agreed to the proposed language from City Attorney Goers in
Sections 7.05(B)(1) and (2) and the removal of language in 7.05(B)(2).
Chair Balmer suggested starting at the beginning of the section and asked for questions or
comments. Commissioner Denning noted that in Article VII sometime qualified elector is
used and other time eligible elector is used. Denning noted Section 7.01(D) which has
qualified elector and asked if that was the correct language. City Attorney Goers stated the
language is correct for the following reasons: qualified electors are people who are
registered to vote and vote, as opposed to eligible electors who are people who could
register to vote but who have not yet done so. Denning also pointed out Section 7.02(B)
where a qualified elector can file the affidavit but in Section 7.03(A) petitions can be signed
by eligible electors. Goers confirmed that is how it is currently setup noting the reference to
the November 2016 election at the end of 7.03(A).
Commissioner Craig stated the model charter mentions recall and asked if that was allowed
in Iowa. Commissioner Deeth did not think so. City Attorney Goers will look into whether
recall is allowed in Iowa.
Commissioner Maliabo asked for clarification in Section 7.03(A) where 10% is referenced for
"the number of persons who voted in the last regular City election" but later states that the
"signature of eligible electors shall be no fewer than ten". Goers explained that the numbers
mean two different things stating that in the event of a really low voter turnout in an election,
Charter Review Commission
August 13, 2024
Page 3
example 90, 10% of that would be nine and the Charter is saying you need at least ten.
Commissioners discussed the possibility of a low turnout at a November special election
with another election following in March.
Commissioner Denning noted correspondence to the Commission from Jay Honohan which
had the following recommendation: Section 7.01(B), which suggested adding to the items
that cannot be the subject of initiative and referendum, such as the retention or removal of
an employee or officer of the City of Iowa City. Commissioner Deeth suggested
incorporating something with Section 7.01(B)(g) Salaries "or termination" of City employees.
City Attorney Goers asked commissioners if they wanted that language to pertain to the
three council appointees or all city employees. Individual commission members expressed
their views. Chair Balmer asked Goers if this addition would be appropriate within the
Charter. Goers will research the issue and inform the commission at the next meeting.
Commissioner Hayek suggested Goers review Section 7.01(B)(1)(a) regarding "executive or
administrative nature" when reviewing and if that language covers the intention of the
commission.
Commissioner Craig asked for an example for Section 7.01(A)(3)(b) "amending or repealing
a new or existing law, policy or plan". City Attorney Goers provided examples.
Commissioner Deeth asked if there had been a change in law after 1989 regarding Section
7.01(B)(1)(j) affecting zoning. Chair Balmer stated he did not think there had been any
changes. Commissioner Hayek confirmed with City Attorney Goers that the language in
Section 7.01(B)(1)(a) meant that the initiative or referendum process could not be used to
dictate the execution or administration of something the council has decided to implement.
Goers agreed that members of the public could not say a policy was fine but they did not like
how it was being implemented. Commissioner Craig asked if technology was included in
Section 7.01(B)(1)(k) noting that there is a substantial amount of money spent on
technology. City Attorney Goers stated he would not consider technology a public
improvement noting Iowa Code Chapter 26 which has the definition of public improvement.
Commissioner Hayek stated other items within that section would cover technology such as
letting of contracts or appropriation of money.
Commissioner Hayek asked if there was enough time built in the process with the new
election law where the city is limited in when it can hold special elections, which would
include initiatives and referendums. City Attorney Goers explained the language that was
already built into the Charter that would be calculated backwards from the date of the first
legally permissible election date. Commissioners discussed the language in Section 7.05(A)
referring to the following: "If at any time more than thirty days before a scheduled initiative or
referendum election", and if there is enough time built in. City Attorney Goers provided
information for questions.
Commissioner Craig noted the language in Section 7.02(A) "Commencement. One or more
qualified electors" and asked why one was chosen and not more. Chair Balmer stated he did
not know why one was chosen but it had always been that way. City Attorney Goers
referenced Section 7.03(C) stating that an eligible elector has to certify the number of
signatures and if there was only one eligible elector, that one person would have to circulate
the petitions by themselves as opposed to multiple eligible electors sharing the
responsibility.
Commissioner DeRoo asked questions regarding Section 7.02(B) as to what happens with
the filing of the affidavit when a petitioner files with the City Clerk at 4:59 p.m. and the Clerk
Charter Review Commission
August 13, 2024
Page 4
has to verify on the same day. City Clerk Grace noted that the Clerk would stay and
complete the filing process.
Commissioner Deeth stated he found it interesting that the vote to lower the signature
threshold was in 2016 and that there had not been a petition filed since.
5. Continue General Overview of the City Charter
Chair Balmer stated he would like to continue this item until the next Charter Review
Commission meeting on August 28th.
6. Tentative Meeting Schedule
Chair Balmer stated that the Saturday, September 2811 Public Input Forum would be held in
Harvat Hall at 10:30 a.m. and asked if anyone had reached out to the Iowa League of
Women Voters to co-sponsor the forum. Commissioner Patel stated she was on the Board
and would be writing a Voter article and asked what the Commission wanted to include.
Chair Balmer noted that the League is a great way to get information out about the forum
and encouraging participation. Chair Balmer also suggested having another Public Input
Forum in conjunction with a meeting prior to the September 28`h Forum. The Commission
discussed and agreed to have the other Public Input Forum at 6:30 p.m. on Tuesday,
September 101h at the Iowa City Public Library and for the length of the forum to be an hour
and a half. Vice Chair Kucera stated one of the goals of the forum would also be to educate
the public so they understand what the Charter is and get feedback from them.
Commissioners discussed the setup and intent of the public input forum. City Attorney Goers
provided information regarding the noticing of the meeting. Chair Balmer proposed making it
aware to the public that the Commission would be seeking input on the election of the mayor
and council districts. Commissioner Craig suggested Chair Balmer make an opening
statement regarding those two items but note that they would accept comments on any part
of the Charter. City Attorney Goers advised the Commission that if they only want to
listening to public input and not get into a question and answer Chair Balmer should make
that clear at the beginning of the forum. City Clerk Grace provided a draft flyer for the forum
and will update the information as needed. Commissioner Maliabo requested a brochure
and district map be available for the Public Input Forum.
City Attorney Goers confirmed items for the Wednesday, August 28th meeting agenda.
7. Community Comment
The following individuals appeared: Martha Hampel, Jay Honohan, and Andrew Dunn.
8. Adjournment:
Moved by Maliabo, seconded by Hayek to adjourn the meeting at 6:50 p.m. Motion
carried 9-0.
Charter Review Commission
August 13, 2024
Page 5
Charter Review Commission - 2024
ATTENDANCE RECORD
NAME
TERM
EXP.
o
A
A
0
A
A
0
A
N
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A
0
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A
0
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A
0
Of
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A
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A
0
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John Balmer
4/1/25
X
X
X
X
X
X
X
X
Susan Craig
4/1/25
X
X
O/E
X
X
X
X
X
John Death
4/1/25
X
X
X
X
X
X
X
X
Gerene Denning
Mackenzie DeRoo
4/1/25
4/1/25
X
X
X
O/E
O/E
X
X
X
X
X
O/E
X
X
X
X
X
Matt Hayek
4/1/25
X
X
X
X
X
X
X
X
Molly Kucera
4/1/25
X
X
X
X
X
X
X
X
Bijou Maliabo
4/1/25
X
X
X
O/E
X
X
X
X
Jennifer Patel
4/1/25
X
X
X
X
O/E
X
X
X
Key:
X = Present
O = Absent
O/E = Absent/Excused
NM = No meeting
--- = Not a member
HEATING
CONDITIONING
PHONE (319)338-3637
FAX (319) 338-4669
2325 HEINZ ROAD
August 14, 2024 IOWA CITY, IOWA 52240
www.brand theating.corn
Dear Charter Review Commission
As the charter members begin to look at different options for the mayoral position, it becomes very clear
why Iowa City has the procedure in selecting the mayor. The mayor is an honorable position to hold
although it has no more power than the other members that were elected. Therefore, why not let the
members who were elected by the community be the ones that select the "leader
Although I have never held a position on the city council, I have been honored to have a grandfather and
father both serve on city council as well as being mayor. Their belief was that Iowa City should have the
ability to elect the best people to serve and those elected members should then choose the mayor. The
mayor when selected by their peers, should feel honored and privileged. It also makes with the
continuity of the council to work with city staff as well as the community.
Lastly, the position of mayor, holds no more voting rights than any other member of the council. There is
no veto or yes motion that the mayor has. If the commission chooses to go a different direction, I feel
that it will be doing all those that served and maintained the integrity of the council an injustice. Being a
life long resident of Iowa City and knowing what it means to be a part of this community and what it
brings to everyone, I would hope that review commission would strongly recommend to keep the same
format as what has been in place for many years.
Sincerely,
Bill Brandt
Kellie Grace
From:
JoAnn Mann <JMann@eacadv.com>
Sent:
Wednesday, August 21, 2024 4:10 PM
To:
*IC Charter Review Commission
Cc:
John Balmer
Subject:
Letter
Attachments:
We sent you safe versions of your files; Letter - 8.20.24.pdf
A
"This email originated outside of the City of Iowa City email system. Please take extra care opening any links or
attachments. **
Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files.
Good afternoon,
Please see the attached letter.
Thank you,
Bill Bywater
WILLIS M. BYWATER
621 SOUTH SUMMIT STREET
IOWA CITY, IOWA 52240-5657
To Whom it May Concern,
August 20, 2024
I am in support of the present system for selecting the mayor of our fine city. This
support was established at an early age for me, shortly after we adopted the council manager
form of government that has worked so well. During some of the Eisenhower years, both Iowa
City Mayor Leroy Mercer and Coralville Mayor Don Anciaux were employed by our company. It
was at that time I developed a keen and continuing interest for our present form of city
government and its leadership.
Our elected council members should be the best qualified to judge and select the best
person in their ranks to take our city forward as mayor. They should also be the best qualified
to identify the person who understands and supports the city manager's responsibilities. Their
elected positions need to be able to identify the person who will maintain the environment
needed for the mayor/manager system to work most efficiently.
Thank you for considering my thoughts that I believe are in the best interest for all.
Willis M. Bywater
r
-4
CITY OF IOWA CITY
MEMORANDUM
Date: 8/23/24
To: Charter Review Commission
From: Eric R. Goers, City Attorney
RE: 8/13/24 Meeting Questions
As part of your discussions at your August 131 meeting, you asked that I research two items.
The assignments, and responses, are listed below.
Recall Elections.
Assignment: Research whether recall elections are permissible in Iowa.
Response: There are 39 states that have state law provisions allowing for the recall of local
elected officials. Iowa is not one of them. There was a bill proposed in the Iowa House (HF
487) in 2007 to make all City Council Members subject to recall elections, but it did not pass out
of subcommittee. While 2007 HF 487 would have made recall elections available for City
Council Members in all cities and towns in throughout Iowa, it is not immediately obvious to me
why an Iowa charter city could not exercise its home rule authority to allow them. While State
Code does not permit recall elections, nor does it prohibit them, so I don't see any express
preemption. Note - there is already a State Code provision for the removal of Council Members
for numerous specific grounds listed in Iowa Code §66.1A. Such a removal can only take place
after due process, a hearing, and a 2/3res vote of the entire Council. See Iowa Code §66.29. Of
course, whether the City can and whether the City should allow for recall elections are two
distinct questions.
Citizen Initiatives and City Personnel.
Assignment: You had asked me whether City employees already had protection against
citizen initiative petitions seeking their removal from employment, or whether such protections
would be better enshrined in the Charter to lend clarity.
Response: As mentioned in Commission discussions, there are already in place a couple of
Charter provisions suggesting that removal of a City employee would not be an appropriate
subject of an initiative petition. Those are found in 7.01(B)(1)(a) and (g).
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.
(g) Salaries of city employees.
Page 1 of 2
The stronger argument is found in (a), as the hiring and firing of employees is an executive and
administrative action, with the possible exception of the City Manager, City Clerk, and City
Attorney, who must be appointed by the City Council under Section 2.08 of the Charter. Many,
but not all, City employees also enjoy protections pursuant to their collective bargaining
agreements and/or Civil Service law. However, the employees most likely to be the subject of
such a petition do not enjoy either of those sets of protection. All government employees have
some constitutional protections, affording them due process before losing their jobs — due
process that would likely not be afforded by a petition process that may amount to little more
than a popularity contest. As a result, such an election may run afoul of the U.S. and Iowa
Constitutions.
All that said, I see no harm in making the protections more clear in the Charter. If the
Commission wishes to do so, they might consider the following amendment to Section
7.01(B)(1)(a):
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. including, but not
limited to. personnel decisions.
I propose "personnel decisions" instead of "the hiring or firing of any City employee" to be more
inclusive. I could imagine a clever petition in the face of such language calling not for the
termination of the City Attorney, but in my reassignment to the streets crew to poor concrete, or
to another position for which I am not qualified, such as an engineering position, from which I
would immediately have to be fired for failure to meet the job's minimum qualifications.
Page 2 of 2
Suggested edits to the charter: Submitted by Commissioner Denning
1. Page 3, Preamble: Suggest "council-manager" as it is not referring to a specific council.
2. Edit to read "Council District A, "Council District B", and "Council District C".
a. Page 5, Section 2.02
b. Page 5, Section 2.04
c. Page 8, Section 3.03
3. Page 5, Section 2.03: Because it is not referring to a specific council, "council' in this
section should be lower case.
4. Page 5, Section 2.03: Edit to read "Council District A, Council District C".
5. Page 8, Section 3.01.B: To indicate a numerical range the correct terms are "more than"
and "less than", so maintain original wording "nor less than sixty-eight (68) days".
6. Page 9, Section 4.03: Edit from "City Canager" to "City Manager".
7. Page 17, Section Bl: Maintain original text reading "no less than 80 days".
Question re a substantive issue
1. Page 11, Section 5.01.B1: Would it be reasonable to propose a change to at least 2
community forums per year?
From:
Matt Hayek
To:
Charter Review Commission
Date:
August 22, 2024
Re:
Article II
Dear Fellow Commissioners,
As we prepare to discuss Article II of the Charter, community members have been offering questions and
comments. I think it would be helpful to place the overall review process In context.
Section 8.01 of the Charter provides that the Council, on its own, can amend the Charter at any time of
its choosing by passing an ordinance. It is significant to me that the Council has not done this. Aside from
the lobbying of Councilor Dunn, there is no indication that the Council is looking to change the major
components of a system Iowa City has used for 50 years. Nor is there any indication the Council wants to
put City Hall and the community through the upheaval of far-reaching change.
Section 8.02 of the Charter provides for a commission review process every ten years. And concerning
that process, under Section 5.01(A) the Council has authority to instruct the Charter Review Commission
to do X, or to deliberate Y, or to revise Z as part of our process. For example, the Council could have told
us it wants to revise districts, or change the mayoral selection, or do something else. It has not done so.
We should absolutely recommend updates that make the Charter appropriate for our times, like gender
references, improved definitions, and changes to comply with state law. Beyond that, I believe our job is
to examine the basic structure of the Charter and ask whether it is working. If we conclude that the basic
structure is not working, then we should consider amendments.
There has been talk on the Commission about adapting the much -longer "model charter" from the
League of Cities. I would offer two comments. First, reliance on a model charter would be handy if we
were forming a new government from scratch and, for the very first time, drafting a constitution. We are
not forming a new government. Second, the model charter itself recognizes that there are various ways
to structure local government, that each has advantages and disadvantages, and that how a community
governs itself is unique to that community.
If my math is correct, the 2024-2025 Charter Review Commission is the fifth commission to go through
the review process. It is significant that each of the previous four chose to maintain the basic structure of
our government.
I do not think we should treat the review process like a blank piece of paper, nor should we make a la
carte selections from a menu of local government options. I think our role is to review what we have and
change it only if it is not working. Thus, before we make significant changes, we should be convinced —
based on evidence — that what we have is not working.
We should also be mindful that recommending major changes to the Charter would have real
consequences beyond our Commission. It would force the Council and City staff to divert attention away
from important issues like public safety and affordable housing and spend time debating the policy
considerations behind different types of governance. Moreover, depending on the Council's response, a
recommendation of significant change could lead to a ballot referendum. If that happens, now we face
campaigns, fundraising, and countless hours required of the Council and City staff to educate the public
— all at a time when community needs are struggling for attention and resources from City Hall. There
would likely also be the expense to the City for the County Auditor to conduct an election.
We are not engaged in a brainstorming activity that results simply in a document that we give to the
Council. If we recommend significant changes to the Charter, this will have an immense impact on City
Hall in terms of people and resources. Before we commit to that, we should be convinced that the
current system is not working and should be changed.
On the issue of mayoral selection: as I wrote in my memo of May 19 (which is in the May 23 packet), I
think it would be a real mistake to weaken the council. Be careful what you wish for.
Since then, I have heard from community members worried about what a weak council/strong mayor
system might mean for campaign financing. There is concern regarding the impact of campaign money
on mayoral races if we have direct elections. The current law of Iowa City limits donations to $100 per
person, with no corporate money. Such a limit is very rare among local governments, and it could be
legally challenged given recent changes in election law. The people I talk with across the political
spectrum appreciate our limit, as it diminishes the influence of donors and special interests.
The average Iowa City Council campaign raises probably $5,000 to $15,000. Compare that to races in
Cedar Rapids and in Des Moines, where campaigns raise up to $500,000. If we switch to direct mayoral
elections, we could see a transformation of our system. Would it be good for Iowa City to have that
much spending by individuals or organizations who stand to benefit from having someone of their choice
occupy the mayorship? Real estate developers, bar owners and others could make donations big enough
to impact an election. This could make the mayorship attainable only for those who can access money.
And this could result in a mayor beholden to large donors.
On the issue of districts: it appears to me that a primary rationale stated for change is that direct
districts will lead to broader representation on the Council from across the community. Broad
representation is a worthy goal. If we wish to accomplish this, we will need to understand what we have
now, and what might be missing.
The most recent Census data show the following major population sizes in Iowa City by race and
ethnicity:
71% White
9% Black
8% Asian
8% Hispanic
Source: https.Ilcensu5reporterorg/profilesII6000US1938595-iowo-city-iol
With seven members on the Council, one seat equates to about 14% of the population.
To my knowledge we have never had an Asian councilor, nor have we have ever had an Hispanic
councilor. Yet these are sizeable populations in the community.
At least as of 2019 (the most recent information I could find on the County Auditor website), the
registered voters of Iowa City have the following political affiliations:
Dem Rep No Party Other Total
Iowa City 24,691 7,170 15,016 506 47,383
Source: https.11www.johnsoncountyiowa.gov/registration-statistics-district-and-city
Democrats were 52% of registered voters, Republicans were 15%, and "No Party" were 32%.
The City Council is technically nonpartisan, but in recent years Democrats have dominated it. Since 2000,
out of dozens of elected Councilors, maybe five have been Republican. Since 2010, there has been one
Republican. Since 2016, there have been zero.
I have been a registered Democrat my entire adult life. But if broadening representation includes
political diversity, arguably there should be at least one Republican on the Council. "No Party" voters
have likewise been underrepresented.
If broadening representation includes geographic diversity, representation on the Council from east of
Scott Boulevard and west of Mormon Trek Boulevard has been and continues to be low. In other words,
the far -east and far -west neighborhoods of our community are underrepresented on the Council.
Employees of the University of Iowa (whether from academics, athletics, the hospital system or
otherwise) have had very little representation on the Council. The same goes for our non -college -
educated population.
I could go on. I don't have a good answer to the question, "How do we broaden representation on the
City Council?" I offer this information simply to provide examples of portions of our community that
generally lack representation at City Hall.
In all likelihood, changing our districts to pursue one outcome or another would force City staff to
dedicate significant energy to assisting the Council. It would require the hiring of outside experts —
demographers, geographers, attorneys, etc. —to provide assistance and ensure compliance with the law.
All of this would cost public money and would take up valuable staff time.
One last comment, about voter participation. Some of those who push for change say we need more
participation at City Hall. I agree that too much of the public does not vote and does not get involved. I
looked up the results from last year's city and school district elections. Voter turnout was 29.40%
percent in Iowa City, 21.29% in Coralville, and 20.48% in North Liberty.
Source:
https.11johnsoncountyiowa. gov/sites/default/files/Elections/2023CitySchool7urnoutByJurisdiction. pdf
Thus, turnout in Iowa City was 38%to 46% higher than in our two largest suburban neighbors. I was
pleasantly surprised about that.
I would submit that the reasons for low participation at City Hill — especially in terms of which Iowa
Citians tend to participate — are complex. I don't know that a Charter Review Commission can do a lot
about them. There may be other things our community can do to encourage civic engagement.
I look forward to our conversation.
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CHARTER REVIEW COMMISSION
COMMUNITY INPUT FORUM
Tuesday, September 10, 2024
6:30 PM
Iowa City Public Library, Meeting Room A, B, C
123 S. Linn Street
1. Call to Order and Roll Call
2. Introduction of Commission & Brief Overview
3. 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 ICCharteraiowa-
citv.org.
4. Adjournment
For more information about the Charter Review Commission, access to past meeting packets
with minutes and public comment, and to review the working draft of proposed amendments
please check out our QR code:
If you will need disability -related accommodations to participate in this programlevent, 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.
COMMN
INPUT FORUM
CHARTER REVIEW COMMISSION
WE INVITE YOU TO ATTEND.
When: September 10, 2024 - Time: 6:30 p.m.
Where: Iowa City Public Library, Rm A,B,C - 123 S. Linn St.
The Charter is a document that determines how the government
of Iowa City is organized and administered, such as:
Composition and election of the City Council and Mayor
Division into Council Districts
Employment and duties of the City Manager
Restrictions on campaign contributions
Procedures for initiatives and referendums
The Charter Review Commission invites you to come and give
your input regarding potential changes to the Iowa City Charter as
part of the 10-year review process.
For more information about the Charter Review
ti
Commission, access to past meeting packets with 4'� y��
minutes and public comment, and to review the ;.-,
working draft of proposed amendments please �`.�,•
check out our QR code:dj
COMMENTS:
*Send your comments to
CityCharter@iowa-city.org
*All correspondence is public record
MAIL OR IN PERSON:
Charter Review Commission
% City Clerk r
City of Iowa City.
410 E. Washington St
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The following is a working draft of proposed amendments os ofAugust 13 2024 to the Iowa
City Charter by the Charter Review Commission The Commission has not /inolized the
proposal and all potential amendments are subject to change.
IOWA CITY CHARTER 1
Preamble
Definitions
Article I. Powers 9Qf Tthe City
§ 1.01. Powers 02f Tthe City.
§ 1.02. Construction.
§ 1.03. Savings Clause.
Article 11. 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 Rand Duties.
§ 2.08. Appointments.
§ 2.09. Rules; Records.
§ 2.10. Vacancies.
§ 2.11. Council Action.
§ 2.12. Prohibitions.
Article III. Nomination, Primary Election Aand 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 ofAuqust 13. 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
§ 4.03. Absence; Disability 9of City Manager.
§ 4.04. Duties 92f 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 Aand Expenditures
§ 6.01. Limitations Bon The Amount 8of Campaign Contributions.
§ 6.02. Disclosure 9Qf Contributions Aand Expenditures.
§ 6.03. Definition.
§ 6.04. Violations.
Article VII. Initiative Aand Referendum
§ 7.01. General Provisions.
§ 7.02. Commencement Aof Proceedings, Affidavit.
§ 7.03. Petitions; Revocation Aof Signatures.
§ 7.04. Procedure Aafter Filing.
§ 7.05. Action Son Petitions.
§ 7.06. Results 9of Election.
§ 7.07. Prohibition 9Qn Establishment 9of Stricter Conditions 9or Requirements
Article VIII. Charter Amendments Aand Review
§ 8.01. Charter Amendments.
§ 8.02. Charter Review Commission.
Notes
1. The home rule c-Charter 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 August 13, 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.
PREAMBLE
We, the people of Iowa City, Iowa, pursuant to the constitution and statutes of the &State of
Iowa and the principle of self-determination, 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 aaULie 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 itt
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 Ww6e individual liberties
protected granted by the &Constitution of the United States, by sState of Iowa, and by
local ordinances.
4. Civility and responsiveness bycCity employees in their interactions with the public.
(Ord.15-4621, 5-19-2015)
DEFINITIONS
As used in this &Charter:
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.
5. "Must" states a requirement.
Page 3
The following is a working draft of proposed amendments as ofAugust 13 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
6. "May" confers a power.
7. "Eligible elector" means a person eligible to register to vote in Iowa City.
8. "Qualified elector" means a resident of Iowa City who is registered to vote in Iowa
City.
9. "Board" includes 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 1. POWERS OF THE CITY
Section 1.01. Powers 9of Tthe City.
The sCity has 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 eCity under this sCharter is intended to be broad; the mention of
a specific power in this sCharter 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 sCharter, or the application of this sCharter to any person or
circumstance is held invalid, the invalidity shall not affect other provisions or applications
of this sCharter. (Ord. 76-2792,1-2-1976)
ARTICLE 11. CITY COUNCIL
Page 4
The following is a working draft of proposed amendments as of August 13 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 2.01. Composition.
The eCity eCouncil consists of seven members. As provided in article III, four, to be known
as eCouncil members at --large, are to be nominated by eligible electors of the eCity at --large,
and three, to be known as district eCouncil 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)
ec ion 2.02. Division Into Council Di
The eCouncil, by ordinance, shall divide the eCity into three eCouncil districts of
substantially equal population. These districts are to be designated as eCouncil district A,
eCouncil district B, and eCouncil district C. (Ord. 76-2792,1-2-1976)
Section 2.03. EligibiliM .
To be eligible to be elected to and to retain a eCouncil 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 eCouncil district. (Ord. 05-4152, 3-1-2005)
Section 2.04. Terms.
At the first election under this eCharter, all seven eCouncil members are to be elected; the
eCouncil member from eCouncil district A, eCouncil district C, and the two eCouncil
members at --large who receive the greatest number of votes cast for eCouncil member at -
large are to serve for terms of four years, and other eCouncil 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 eCouncil, by ordinance, shall prescribe the compensation of the +Mayor and the other
eCouncil 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 eCouncil members elected at the
regular eCity election, the eCouncil shall meet and elect from among its members the
mMayor and fnMayor pPro t-Tem for a term of two years. (Ord. 85-3227, 3-12-1985)
Page 5
The following is a working draft of proposed amendments as o August 13 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. 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 mMayor may add
items to the eCity eCouncil agenda. The mMayor shall present to the eCity no later than
February 28 an annual sState of the eCity message. (Ord.15-4621, 5-19-2015)
C. The fnMayor pPro tTem shall act as mMayor during the absence of the faMayor. (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 eCharter. (Ord. 85-3227, 3-12-1985)
Section 2.08. Appointments.
A. The eCouncil shall appoint the eCity 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 eCity's boards, except as otherwise
provided by state law. (Ord. 85-3227, 3-12-1985)
l;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 c" e9uneil an k ^ftinag - 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 ofAugust 13, 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 eCouncil except as otherwise provided by state law. (Ord. 05-4152, 3-1-
2005)
Section 2.12. Prohibitions.
A. A eCouncil member may not hold any other eCity office or be a eCity employee or
elected county official while serving on the eCouncil 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 exception of the appe intment of the chief of the poll..... epa„tm ent and ch' Pof the Are dePRAFnent, which are subject to appreval of the city council, neitheF the coun i
nE)F its FReFal3ers may dictate, in any FnaRner, the appointment or remeyal of any peFSOFI
appointed by the eity m 4e%,e„, the council Fn express its . „ to the City
manager_ eFtai. iRg t.. the a stm-ent ..„ „..........1 of such ., pleyee /0...1 95 4152, 3 1
�98a} With the exception of owers 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.'•...un eil member m of int..„ ere with the s per�„Eli „eeti......F a Ry pew -son
appointed bye under the ..t„..I of the city manage„. (Ord 76 2792 1 7 1976) A Council
member may not interfere with the supervision or direction of any City employee other
than the City Manager, City Attorney. or City Clerk.
ARTICLE 111. NOMINATION, PRIMARY ELECTION AND REGULAR ELECTION
A. An eligible elector of a eCouncil district may become a candidate for a eCouncil district
seat by filing with the Johnson County cCommissioner of eElections a valid petition
requesting that hi&4 4ef— i 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 w r than ten (10) persons.
Page 7
The following is a working droft of proposed amendments as of August 13 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 cCommissioner of eC.lections 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 fi wer 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)
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 cCouncil
district shall be listed on the ballot as candidates for that seat. However, all qualified
electors of the eCity shall be entitled to vote for each candidate. The three cCouncil district
seats shall be designated on the ballot as eCouncil district A, ECouncil district B and
cCouncil district C and each shall be elected at --large.
B. The at --large cCouncil seats shall be designated on the ballot as such. (Ord. 85-3227, 3-
12-1985)
ARTICLE IV. CITY MANAGER
Section 4.01. Appointment: Qualifications.
ME
The following is o working draft Qf proposed amendments as ofAuaust 13 2024 to the Iowa
City Charter by Charter Review Commission The Commission has not finalized the
proposol and all potential amendments are subject to change
In appointing a eCity vaManager, the eCouncil shall consider only the qualifications and
fitness of the person without regard to political or other affiliation. During be'r
tenure the eCity faManager shall reside within the eCity. (Ord. 76-2792,1-2-1976)
A. The eCity faManager 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 sCity mManager to serve at the pleasure of
eCouncil or until a sCity fRManager is appointed. (Ord. 76-2792,1-2-1976)
Section 4.03. Absence: Disability 8of City Manager.
The sCity n3Manager may designate a qualified eCity employee as acting sCity MManager to
perform his-op4ier-their duties during a temporary absence or disability. If the sCity
iRManager does not make such a designation, the eCouncil shall appoint a qualified sCity
employee to perform the duties of the c-CitymCanager until he they returns. (Ord.
76-2792,1-2-1976)
Section 4.04. Duties 9of City Manager,
A. The eCity mManager shall be chief administrative officer of the eCity and shall:
(1) 4+sasehnsurg that the laws of the sCity are executed and enforced.
(2) Supervise and direct the administration of ecity government and the official
conduct of employees of the sCity 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 pQolice dDepartment and the s(:hief of the Wire
dDepartment with the approval of the sCity eCouncil.
(4) Supervise the c-Chief of the police dDepartment and echief of the #Fire
dDepartment, including their suspension or discharge as the occasion requires. Such
supervision shall not be subject to approval of the sCity eCouncil.
(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 evorking draft ofproposed amendments as of August 13.2024 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.
(6) Supervise the administration of the eCity personnel system, including the
determination of the compensation of all eCity employees appointed by the eCity
mManager subject to state law -this Code or this c-Charter.
(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 eCity-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 eCouncil an itemized written monthly financial report
(13) Attend eCouncil meetings and keep the eCouncil fully advised of the financial
and other conditions of the eCity and its needs.
(14) See that the business affairs of the c-City 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 eCouncil may direct (Ord. 05-
4152,3-1-2005)
B. The eCity mManager, 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 FaManager.
(2) Cause the examination and investigation of the affairs of any department or the
conduct of any employee under supervision of the eCity a}Manager.
(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 proposed amendments as of August 13 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 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 c-City mManager'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 eCommunity ppolice rReview bBoard, 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 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 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 sCharter.
B. There shall be a permanent eCommunityppolice eReview 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 dpepartment;ain
2. To make recommendations regarding such policies, practices, and procedures to the
cCity 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)
Page 11
The following is a working draft of proposed amendments as ofAugust 13, 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 5.03. Rul
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 Son Tthe Amount 8of 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
cCharter. (Ord. 95-3671, 3-28-1995)
• • 1 1 • • !•
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)
Section 6.04. Violations.
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)
Page 12
The following is a working draft of proposed amendments as of August 13, 2024 to the Iowa
Ci�v Charter by the Charter Review Commission. The Commission has not finalized the
proposal and all potential amendments are subiect to change.
ARTICLE VIL INITIATIVE AND REFERENDUM
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 cChacter.
0) 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 eCity eCouncil action to authorize
acquisition of property for that public improvement, or notice to bidders for that public
Page 13
The following is a workingdraft of proposed amendments as ofAugust 13 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.
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 Agnd 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 AQf 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 Aof 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
Page 14
The following is a working draft of proposed amendments as ofAuaust 13 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 chancL
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
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 eCity eClerk 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 9of Sienatur
A. Number Oof 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 8of 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 ,",,^�they personally circulated it, that all signatures
were affixed in their presence, that he r-s" xjle,_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
Page 15
The following is a working draft of proposed amendments as of August 13, 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.
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 8of Signature. Prior to the time a petition is filed with the sCity sClerk, a
signatory may revoke hk or her their signature for any reason by filing with the ECity
sClerk a statement of his or hpr their intent to revoke be
it signature. After a
petition is filed a signatory may not revoke their signature. The eCity cClerk 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 Filin
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 sCity sClerk 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 sClerk within five working
days after the petition is received.
B. Hearing 9Qn Objections; Objections Committee. Written objections timely filed with
the sCity eClerk shall be considered by an objections committee made up of the raMayor
and eCity sClerk and one member of the eCouncil chosen by the cCouncil 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 eQbjections
c-Committee's actions shall be by writ of certiorari. (Ord.15-4621, 5-19-2015)
Section 7.05. Action Son Petitions.
A. Action Bby Council. When an initiative or referendum petition has been determined
valid, the cCouncil 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 cCouncil 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 sCity as hereinafter prescribed. If at any time more than thirty days before a
scheduled initiative or referendum election the eCouncil adopts the proposed initiative
Page 16
The following is a working draft of proposed amendments as ofAugust 13.2024 to the Iowa
City Charter by the Charter Review Commission. The Commission has not finalized the
proposal and all potential amendments are subiect to change.
measure or adopts a measure which is similar in substance or if the eCouncil 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 Tto Voters.
(1) Initiative. The vote of the sCity on a proposed measure shall be held at the regular
city electieR OF the general election .. hiGh next eee :s 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 -fewer
than 80 days prior to the deadline imposed by state law for the submission of ballot
questions to the sCommissioner of eElections.
(2) Referendum. The vote of the eCity on a referred measure shall be held at the
..!_.. city ,.lectien or at the geneFAI ...h;,-next occurs 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
fewer than 50 days prior to the deadline imposed by state law for the submission of ballot
questions to the sCommissioner of eElections. 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 sCity sClerk.
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 cCity'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 9of 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 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)
Section 7.07. Prohibition Son Establishment Aof Stricter Conditions 0or Requirements
Page 17
The following is a working draft of proposed amendments as of August 13 2024 to the Iowa
City Charter by the Charter Review Commission. The Commission hos not finalized the
proposal and all potential amendments are subject to change
The cCouncil 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 cCouncil, 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 c-Code 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 cCode of Iowa is filed
with the cCouncil 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 eCharter on a matter recommended by the cm -commission
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)
Page 18
The following is a working draft of proposed amendments as ofAugust 13 2024 to the Iowa
Cry Charter by the Charter Review Commission The Commission has not finalized the
proposal and all potential amendments are subject to chance
CHARTER COMPARATIVE TABLE
The 41 fame (Rule eCharter 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 sCharter:
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, 2.1213, 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, 2.0613, 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 ofAuaust 13 2024 to the Iowa
City Charter by the Charter Review Commission The Commission has not finalized the
proposal and all potential amendments are subiect to change
Page 20