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HomeMy WebLinkAbout2024-09-28 Charter Review Commission Community Input Foruma r Jvj sre=' �% --� jO city of CHARTER REVIEW COMMISSION COMMUNITY INPUT FORUM Saturday, September 28, 2024 10:30 AM Emma J. Harvat Hall, City Hall 410 East Washington 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 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(cr-iowa- citv.orq. 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 OR code: 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. The following is a working draft of proposed amendments as of August 28.2024 to the Iowa City Charter by the Charter Review Commission The Commission has not finalized the proposal and all potential amendments are subject to change. IOWA CITY CHARTER 1 Preamble Definitions Article I. Powers Opf Tthe City § 1.01. Powers Qof 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 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 ofAugust28.2024 to the Iowa City Charter by the Charter Review Commission The Commission has not finalized the proposal and all potential amendments are subject to chonge. § 4.03. Absence; Disability 9of City Manager. § 4.04. Duties 8of 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 Son The Amount 8of Campaign Contributions. § 6.02. Disclosure Aof 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 9of Signatures. § 7.04. Procedure Aafter Filing. § 7.05. Action Son Petitions. § 7.06. Results Aof Election. § 7.07. Prohibition Son Establishment 9of Stricter Conditions Oor Requirements Article VIII. Charter Amendments Aand Review § 8.01. Charter Amendments. § 8.02. Charter Review Commission. Notes 1. The home rule eCharter of the sCity, 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 28.2024 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 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 Ra64ffiI4 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+a 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 those individual liberties protectedgranted 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) I1]tlUQN IDNP 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 fWayor. 4. "Shall' imposes a duty. S. "Must' states a requirement. Page 3 The following is a working draft of proposed amendments as ofAugust 28, 2024 to the Iowa City Charter by the Charter Review Commission. The Commission has riot finalized the proposal and all potential amendments are subject to chance. 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 aArticle 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 AofRhe 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 cCity 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 eCharter, or the application of this ccharter 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 28.2024 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 aArticle 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 c-Councii members shall be elected by the qualified electors of the eCity at --large. (Ord. 85-3273,12-17-1985) to Council Distri The eCouncil, by ordinance, shall divide the eCity into three eCouncil districts of substantially equal population. These districts are to be designated as eCouncil dDistrict A, eCouncil dDistrict B, and eCouncil dDistrict C. (Ord. 76-2792,1-2-1976) Section 2.03. Eligibility. 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 c-Charter, all seven eCouncil members are to be elected; the eCouncil member from eCouncil dDistrict A, eCouncil dDistrict 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 fnMayor and the other eCouncil members. The eCouncil shall not adopt such an ordinance during the months of November and December immediately following a regular cCity election. (Ord. 05-4152, 3- 1-2005) A. Immediately following the beginning of the terms of cCouncil members elected at the regular cCity election, the eCouncil shall meet and elect from among its members the ni ayor and fn ayor pPro Clem for a term of two years. (Ord. 85-3227, 3-12-1985) Page 5 The following is a working draft of proposed amendments as ofAuaust 2B, 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 faMayor is a voting member of the eCouncil, the official representative of the eCity, presiding officer of the eCouncil and its policy spokesperson. The +»Mayor may add items to the sCity eCouncil agenda. The FnMayor shall present to the sCity no later than February 28 an annual &State of the sCity message. (Ord. 15-4621, 5-19-2015) C. The faMayor pPro tTem shall act as mMayor during the absence of the +Mayor. (Ord. 85-3227, 3-12-1985) Section 2.07. General Powers Aand Duties. All powers of the sCity are vested in the eCouncil, except as otherwise provided by state law or this cCharter. (Ord. 85-3227, 3-12-1985) Section 2.08. Appointments. A. The cCouncil shall appoint the sCity mManager. B. The eCouncil shall appoint the sCity cClerk. (Ord. 85-3227, 3-12-1985) C. The sCouncil shall appoint the eCity aAttorney. (Ord. 95-3671, 3-28-1995) D. The City anager shall appoint the Chief of the Police Department and the Chief of the Fire Department, subject to approval of the City Council. 13E. The eCouncil shall appoint all members of the eCity's boards, except as otherwise provided by state law. (Ord. 85-3227, 3-12-1985) EF. The sCouncil shall fix the amount of compensation, if any, of persons it appoints and shall provide for the method of compensation of other sCity employees. All appointments and promotions of eCity employees by eity EOURE" and eity FnaRager 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 sCouncil 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 ofmoposed amendments as of August 28 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 .ex ptien of the a nt.......t of the phie f of the poli..., .7..part.. eRt ..... shi F ;Ar Rner, H... appointment ,. removal of ...... ., erswi appointedbythe !r-, the council may express its %,;ews to the city maRager pertaining to the appeinwieRt or rera9val 9f such employee. (Ord. 05 4192, 3 1- 2A01.5) 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 rouncilm ,..-he may of int. rle With the supervisien F di ct'.. of any person 'nted by o nder th ... „tral ..FtM., �:t..... ln...� 7G 7')07 1 _7_� o7Gl A CounCll ..YY.'..:........., o. ..r , member may not interfere with the supervision or direction of any City employee other than the City Managel•, City Attorney, or City Cleric. 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 eCommissioner of etElections a valid petition requesting that 4is- r it 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 lessfewer 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 of August 28 2024 to the Iowa City Charter by the Charter Review Commission. The COMMiSSiQ17 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 lessfewer 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 eCity shall be entitled to vote for each candidate. The three cLouncil district seats shall be designated on the ballot as eCouncil dDistrict A, eCouncil Qistrict B and eCouncil dDistrict 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 f0110wi17U is a working draft of proposed amendments as of August 28. 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. In appointing a sCity RWanager, the eCouncil shall consider only the qualifications and fitness of the person without regard to political or other affiliation. During r-their tenure the eCity fi»Manager shall reside within the eCity. (Ord. 76-2792, 1-2-1976) Section 4.02. Accountability: Removal. A. The sCityf Manager is under the direction and supervision of the eCouncil and holds office at its pleasure. A sCity in —Manager 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 eCity ii}Manager, the eCouncil shall appoint an individual qualified to perform the duties of sCity inManager to serve at the pleasure of eCouncil or until a sCity mManager is appointed. (Ord. 76-2792,1-2-1976) Section 4.03. Absence: Disability Aof City Manager. The sCity iRManager may designate a qualified eCity employee as acting sCity MManager to perform h is or her their duties during a temporary absence or disability. If the sCity faManager does not make such a designation, the eCouncil shall appoint a qualified sCity employee to perform the duties of the sCity mManager until 4e-e�they returns. (Ord. 76-2792,1-2-1976) Section 4.04. Duties 8of City Manager. A. The sCitymM anger shall be chief administrative officer of the sCity and shall: (1) 1nsu- Ensure that the laws of the sCity are executed and enforced. (2) Supervise and direct the administration of sCity government and the official conduct of employees of the sCity appointed by the eCity inManager including their employment, training, reclassification, suspension or discharge as the occasion requires, subject to state law. (3) Appoint the sChief of the pQolice dDepartment and the eChief of the #Fire dDepartment with the approval of the sCity eCouncil. (4) Supervise the sChief of the pQolice dDepartment and sChief of the Wire d Department, 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 working draft of proposed amendrents as ofAugust 28. 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 sCity personnel system, including the determination of the compensation of all eCity employees appointed by the eCity fnManager subject to state !a Fjt its CgJe or this sCharter. (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 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 eCouncil may direct (Ord. 05- 4152,3-1-2005) B. The sCityff3Manager, 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 mManager. (2) Cause the examination and investigation of the affairs of any department or the conduct of any employee under supervision of the sCity fRManager. (3) Execute contracts on behalf of the sCity when authorized by the sCouncil. (Ord. 85-3227, 3-12-1985) Page 10 The following is a working draft ofproposed amendmentsas of August 28. 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 -City fkManager shall not take part in any election of eCouncil members. This prohibition shall in no way limit the eCity mManager's duty to make available public records as provided by state law or this -Charter. (Ord. 76- 2792,1-2-1976) ARTICLE V. BOARDS, COMMISSIONS AND COMMITTEES Section 5.01. Establishment A. With the exception of the -Community pPolice f$eview 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 -Council may reduce or increase a board's duties, transfer duties from one board to another or dissolve any board, except as otherwise provided by state law or this -Charter. B. There shall be a permanent -Community 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 dpepartment; and 2. To make recommendations regarding such policies, practices, and procedures to the eCity cCouncil; and 3. To investigate claims of misconduct by sworn police officers and to issue independent reports of its findings to the -City-Council; and 4. The authority to subpoena witnesses. (Ord.15-4621, 5-19-2015) Section 5.02. Appointment: Removal. The -Council shall, subject to the requirements of state law, seek to provide broad representation on all boards. The -Council shall establish procedures to give at least thirty days' notice of vacancies before they are filled and shall encourage applications by residents. Council procedures for the removal of members shall be consistent with state law. (Ord. 05-4152, 3-1-2005; amd. Ord.15-4621, 5-19-2015) Page 11 The following is a working draft of proposed mmendments as of August 28 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. Rules. A. The sCouncil 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 Amount Qof 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 Aof 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 c-Code 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 28.2024 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. 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, including.butnot limited to, personnel decisions. (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 City 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 eCityeCouncil action to authorize acquisition of property for that public improvement, or notice to bidders for that public Page 13 The following is a working draft of proposed amendments as of Aug ust 28, 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 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 cCity. (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 eCity, its agencies or any person in reliance on the measure during the time it was in effect. (Ord. 15-462 1, 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 eCity Page 14 The following is a working draft of proposed amendments os of August 28, 2024 to the Iowa City Charter by the Chorter Review Commission. The Commission has not finalized the proposal and all potential amendments are subject to change. 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) ction 7.03. Petitions: Revocation Aof Signatures. A. Number 9of 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 Agnd 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 Aof 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 J+e-e�they personally circulated it, that all signatures were affixed in h is a; hPr their presence, that 4 - 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 s5ection 7.02A was filed. E. Time Ffor Filing Referendum Petitions. Referendum petitions may be filed within sixty days after final adoption by the cCouncil of the measure sought to be reconsidered, or Page 15 The following is a working draft of proposed amendments as ofAuaust 28. 2024 to the Iowa City Charter by the Chatter 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 sSection 7.02A was filed. F. Revocation 13Qf Signature. Prior to the time a petition is filed with the eCityeClerk, a signatory may revoke his or her their signature for any reason by filing with the eCity eClerk a statement of h;s--e�their intent to revoke h is or her their signature. After a petition is filed a signatory may not revoke Ws- h 7 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) rocedure Aafter Filing. A. Validity 8Qf 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 sSection 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 eCity eClerk within five working days after the petition is received. B. Hearing AQn Objections; Objections Committee. Written objections timely filed with the eCity eClerk shall be considered by an objections committee made up of the Mjyayor and eCity eClerk 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 by law, court review of the sQbjections c-Committee's actions shall be by writ of certiorari. (Ord.15-4621, 5-19-2015) Section 7.05. Action gon Petitions. A. Action -9bY 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 Page 16 The following is a working draft of proposed amendments as ofAttgust 28, 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. 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 Tjo Voters. (1) Initiative. The vote of the eCity on a proposed measure shall be held at the regular c-4 election 9F at the general elect*^ •h4rh npxto -C ffirst legally permissible election date more than forty days after the expiration of the sixty day period provided for consideration in sSection 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 ellections. (2) Referendum. The vote of the eCity on a referred measure shall be held at the Fegular eity election , at the ,.,., er;.l ,.l,..Wai; .. Wch next first legally permissible election date more than forty days after the expiration of the thirty day period provided for reconsideration in sSection 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 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 eCity eClerk. 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) 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 sSection 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 Onn Establishment 9of Stricter Conditions Aar Requirements Page 17 The following is o working draft of proposed amendments as ofAugust 28 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 cCouncil shall not set, except by eCharter amendment, conditions or requirements affecting initiative and referendum. (Ord.15-4621, 5-19-2015) ARTICLE Vlll. CHARTER AMENDMENTS AND REVIEW Section 8.01. Charter Amendments. This sCharter 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 aArticle V, shall establish a eCharter ffleview c-Commission 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 cCharter and may, within twelve months recommend any sCharter amendments that it deems fit to the cCouncil. The eCouncil shall either exercise its power of amendment pursuant to sSection 8.0113 of the sCharter on a matter recommended by the sCommission or submit such amendments to the voters in the form prescribed by the sCommission, 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 of Auoust 28.2024 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. CHARTER COMPARATIVE TABLE The #Home rRule 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 cCharter: 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, 2.0613, 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 of August 2a 2024 to the Iowa Ciky Charter by the Charter Review Commission. The Commission has not finalized the proposal and all potential amendments are subiect to change. 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