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HomeMy WebLinkAboutCity Charter - November 2016 - revised as of 11.07.24The following is a working draft of proposed amendments as of November 7, 2024 to the Iowa City Charter by the Charter Review Commission. The Commission has not finalized the proposal and all potential amendments are subject to change. Page 1 IOWA CITY CHARTER 1 Preamble Definitions Article I. Powers Oof Tthe City § 1.01. Powers Oof Tthe City. § 1.02. Construction. § 1.03. Savings Clause. Article II. City Council § 2.01. Composition. § 2.02. Division Iinto 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. The following is a working draft of proposed amendments as of November 7, 2024 to the Iowa City Charter by the Charter Review Commission. The Commission has not finalized the proposal and all potential amendments are subject to change. Page 2 § 4.03. Absence; Disability Oof City Manager. § 4.04. Duties Oof 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 Oon The Amount Oof Campaign Contributions. § 6.02. Disclosure Oof Contributions Aand Expenditures. § 6.03. Definition. § 6.04. Violations. Article VII. Initiative Aand Referendum § 7.01. General Provisions. § 7.02. Commencement Oof Proceedings, Affidavit. § 7.03. Petitions; Revocation Oof Signatures. § 7.04. Procedure Aafter Filing. § 7.05. Action Oon Petitions. § 7.06. Results Oof Election. § 7.07. Prohibition Oon Establishment Oof Stricter Conditions Oor Requirements. Article VIII. Charter Amendments Aand Review § 8.01. Charter Amendments. § 8.02. Charter Review Commission. Notes 1 1. The home rule cCharter of the cCity, adopted by the voters of the cCity 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. The following is a working draft of proposed amendments as of November 7, 2024 to the Iowa City Charter by the Charter Review Commission. The Commission has not finalized the proposal and all potential amendments are subject to change. Page 3 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 cCharter and confer upon it the full home rule powers of a charter city in order to provide for an honest and accountable council-manager government. By this action, we secure the benefits of home rule and affirm the values of representative democracy, professional management, strong political leadership, public engagement, diversity and inclusiveness, regional cooperation, and fair and effective stewardship of our unique environment. Furthermore, adoption of this Charter recognizes the following principles: 1. Resident participation on an equitable and inclusive basis as part of the process of in democratic self-government. a. Each individual shall have an opportunity to participate in the life of the City, including economic, cultural and intellectual. b. Discrimination prohibited by Title 2 of the City Code shall not be tolerated. 2. The provision of service relating to the health, safety, and welfare of its residents in a fair, equitable and efficient manner. 3. The conduct of cCity business in conformity with the principles principals and practices of due process, equal protection under the laws, and protection of those individual liberties protected granted by the cConstitution of the United States, by the sState of Iowa, and by local ordinances. 4. Civility and responsiveness by cCity employees in their interactions with the public. (Ord. 15-4621, 5-19-2015) DEFINITIONS As used in this cCharter: 1. "City" means the cCity of Iowa City, Iowa. 2. "City cCouncil" or "cCouncil" means the governing body of the cCity. 3. "Council member" means a member of the cCouncil, including the mMayor. 4. "Shall" imposes a duty. 5. "Must" states a requirement. The following is a working draft of proposed amendments as of November 7, 2024 to the Iowa City Charter by the Charter Review Commission. The Commission has not finalized the proposal and all potential amendments are subject to change. Page 4 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 a board, commission, committee or other similar entity however designated. 10. "Person" means an individual, firm, partnership, corporation, company, association, political party, committee or any other legal entity. 11. "Ordinance" means a city law of a general and permanent nature. 12. "Measure", except as provided in 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 I. POWERS OF THE CITY Section 1.01. Powers Oof Tthe City. The cCity 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 cCharter is intended to be broad; the mention of a specific power in this cCharter 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 cCharter, 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 cCharter. (Ord. 76-2792, 1-2-1976) ARTICLE II. CITY COUNCIL The following is a working draft of proposed amendments as of November 7, 2024 to the Iowa City Charter by the Charter Review Commission. The Commission has not finalized the proposal and all potential amendments are subject to change. Page 5 Section 2.01. Composition. The cCity cCouncil consists of seven members. As provided in aArticle III, four, to be known as cCouncil members at- large, are to be nominated by eligible electors of the cCity at- large, and three, to be known as district cCouncil members, are to be nominated by eligible electors of their respective districts. The purpose of district divisions is to ensure City-wide geographic representation on the Council. All cCouncil members shall be elected by the qualified electors of the cCity at- large. (Ord. 85-3273, 12-17-1985) Section 2.02. Division Into Council Districts. The cCouncil, by ordinance, shall divide the cCity into three cCouncil districts of substantially equal population. These districts are to be designated as cCouncil dDistrict A, cCouncil dDistrict B, and cCouncil dDistrict C. (Ord. 76-2792, 1-2-1976) Section 2.03. Eligibility. To be eligible to be elected to and to retain a cCouncil position, a person must be an eligible elector of Iowa City, and if seeking or elected to represent a cCouncil district, must be an eligible elector of that cCouncil district. (Ord. 05-4152, 3-1-2005) Section 2.04. Terms. At the first election under this cCharter, all seven cCouncil members are to be elected; the cCouncil member from cCouncil dDistrict A, cCouncil dDistrict C, and the two cCouncil members at- large who receive the greatest number of votes cast for cCouncil member at- large are to serve for terms of four years, and other cCouncil members are to serve for terms of two years. Commencing at the next regular cCity election, and at all subsequent regular cCity elections, all cCouncil members elected to fill the positions of those whose terms expire shall be elected for terms of four years. (Ord. 76-2792, 1-2-1976) Section 2.05. Compensation. The cCouncil, by ordinance, shall prescribe the compensation of the mMayor and the other cCouncil members. The cCouncil 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) Section 2.06. Mayor. The following is a working draft of proposed amendments as of November 7, 2024 to the Iowa City Charter by the Charter Review Commission. The Commission has not finalized the proposal and all potential amendments are subject to change. Page 6 A. Immediately following the beginning of the terms of cCouncil members elected at the regular cCity election, the cCouncil shall meet and elect from among its members the mMayor and mMayor pPro tTem for a term of two years. (Ord. 85-3227, 3-12-1985) B. The mMayor is a voting member of the cCouncil, the official representative of the cCity, presiding officer of the cCouncil and its policy spokesperson. The mMayor may add items to the cCity cCouncil agenda. The mMayor shall present to the cCity no later than February 28 an annual sState of the cCity message. (Ord. 15-4621, 5-19-2015) C. The mMayor pPro tTem shall act as mMayor during the absence of the mMayor. (Ord. 85-3227, 3-12-1985) Section 2.07. General Powers Aand Duties. All powers of the cCity are vested in the cCouncil, 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 cCity mManager. B. The cCouncil shall appoint the cCity cClerk. (Ord. 85-3227, 3-12-1985) C. The cCouncil shall appoint the cCity 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 cCouncil shall appoint all members of the cCity's boards, except as otherwise provided by state law. (Ord. 85-3227, 3-12-1985) EF. The cCouncil shall fix the amount of compensation, if any, of persons it appoints and shall provide for the method of compensation of other cCity employees. All appointments and promotions of cCity employees by city council and city manager must be made according to job-related criteria and be consistent with nondiscriminatory and equal employment opportunity standards established pursuant to law. (Ord. 95-3671, 3-28- 1995) Section 2.09. Rules; Records. The cCouncil may determine its own rules and shall maintain records of its proceedings consistent with state law. (Ord. 76-2792, 1-2-1976) The following is a working draft of proposed amendments as of November 7, 2024 to the Iowa City Charter by the Charter Review Commission. The Commission has not finalized the proposal and all potential amendments are subject to change. Page 7 Section 2.10. Vacancies. The cCouncil shall fill a vacancy occurring in an elective cCity office as provided by state law. (Ord. 76-2792, 1-2-1976) Section 2.11. Council Action. Passage of an ordinance, amendment or resolution requires a majority vote of all the members of the cCouncil except as otherwise provided by state law. (Ord. 05-4152, 3-1- 2005) Section 2.12. Prohibitions. A. A cCouncil member may not hold any other cCity office or be a cCity employee or elected county official while serving on the cCouncil nor hold any remunerated cCity office or employment for at least one year after leaving the cCouncil. (Ord. 76-2792, 1-2-1976) B. With the exception of the appointment of the chief of the police department and chief of the fire department, which are subject to approval of the city council, neither the council nor its members may dictate, in any manner, the appointment or removal of any person appointed by the city manager. However, the council may express its views to the city manager pertaining to the appointment or removal of such employee. (Ord. 05-4152, 3-1- 2005) 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 pertaining to the appointment or removal of such employee to the Council appointee under whom the employee works. (City Manager, City Attorney, City Clerk) C. A councilmember may not interfere with the supervision or direction of any person appointed by or under the control of the city manager. (Ord. 76-2792, 1-2-1976) 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 III. NOMINATION, PRIMARY ELECTION AND REGULAR ELECTION Section 3.01. Nomination. A. An eligible elector of a cCouncil district may become a candidate for a cCouncil district seat by filing with the Johnson County cCommissioner of eElections a valid petition requesting that his or her their name be placed on the ballot for that office. Unless The following is a working draft of proposed amendments as of November 7, 2024 to the Iowa City Charter by the Charter Review Commission. The Commission has not finalized the proposal and all potential amendments are subject to change. Page 8 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 cCity election, but not less fewer than ten (10) persons. B. An eligible elector of the cCity may become a candidate for an at-large cCouncil seat by filing with the Johnson County cCommissioner of eElections a petition requesting that the candidate's name be placed on the ballot for that office. Unless otherwise provided by state law, the petition must be filed not more than eighty-five (85) days nor less fewer than sixty-eight (68) days before the date of the election. Unless otherwise provided by state law, the petition must be signed by eligible electors equal in number to at least two (2) percent of those who voted to fill the same office at the last regular cCity 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 cCouncil district seat, a primary election must be held for that seat with only the qualified electors of that cCouncil 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 cCity election as candidates for that cCouncil 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 cCouncil, 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 cCity election, each cCouncil 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 cCity shall be entitled to vote for each candidate. The three cCouncil district seats shall be designated on the ballot as cCouncil dDistrict A, cCouncil dDistrict B and cCouncil dDistrict 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) The following is a working draft of proposed amendments as of November 7, 2024 to the Iowa City Charter by the Charter Review Commission. The Commission has not finalized the proposal and all potential amendments are subject to change. Page 9 ARTICLE IV. CITY MANAGER Section 4.01. Appointment; Qualifications. In appointing a cCity mManager, the cCouncil shall consider only the qualifications and fitness of the person without regard to political or other affiliation. During his or her their tenure the cCity mManager shall reside within the cCity. (Ord. 76-2792, 1-2-1976) Section 4.02. Accountability; Removal. A. The cCity mManager is under the direction and supervision of the cCouncil and holds office at its pleasure. A cCity mManager removed by the cCouncil is entitled to receive termination pay as provided by contract. (Ord. 15-4621, 5-19-2015) B. Upon the resignation or removal of the cCity mManager, the cCouncil shall appoint an individual qualified to perform the duties of cCity mManager to serve at the pleasure of cCouncil or until a cCity mManager is appointed. (Ord. 76-2792, 1-2-1976) Section 4.03. Absence; Disability Oof City Manager. The cCity mManager may designate a qualified cCity employee as acting cCity mManager to perform his or her their duties during a temporary absence or disability. If the cCity mManager does not make such a designation, the cCouncil shall appoint a qualified cCity employee to perform the duties of the cCity mManager until he or she they returns. (Ord. 76-2792, 1-2-1976) Section 4.04. Duties Oof City Manager. A. The cCity mManager shall be chief administrative officer of the cCity and shall: (1) InsureEnsure that the laws of the cCity are executed and enforced. (2) Supervise and direct the administration of cCity government and the official conduct of employees of the cCity appointed by the cCity mManager including their employment, training, reclassification, suspension or discharge as the occasion requires, subject to state law. (3) Appoint the cChief of the pPolice dDepartment and the cChief of the fFire dDepartment with the approval of the cCity cCouncil. The following is a working draft of proposed amendments as of November 7, 2024 to the Iowa City Charter by the Charter Review Commission. The Commission has not finalized the proposal and all potential amendments are subject to change. Page 10 (4) Supervise the cChief of the pPolice dDepartment and cChief of the fFire dDepartment, including their suspension or discharge as the occasion requires. Such supervision shall not be subject to approval of the cCity cCouncil. (5) Appoint or employ persons to occupy positions for which no other method of appointment is provided by state law or this cCharter. (6) Supervise the administration of the cCity personnel system, including the determination of the compensation of all cCity employees appointed by the cCity mManager subject to state law this Code or this cCharter. (7) Supervise the performance of all contracts for work to be done for the cCity, 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 cCity, and all cCity-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 cCity. (10) Provide for the issuance and revocation of licenses and permits authorized by state law or cCity ordinance and cause a record thereof to be maintained. (11) Prepare and submit to the cCouncil the annual budgets in the form prescribed by state law. (12) Provide the cCouncil an itemized written monthly financial report. (13) Attend cCouncil meetings and keep the cCouncil fully advised of the financial and other conditions of the cCity and its needs. (14) See that the business affairs of the cCity are transacted in an efficient manner and that accurate records of all cCity 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 cCouncil may direct. (Ord. 05- 4152, 3-1-2005) B. The cCity mManager, in performing the foregoing duties, may: (1) Present recommendations and programs to the cCouncil and participate in any discussion by the cCouncil of any matters pertaining to the duties of the cCity mManager. The following is a working draft of proposed amendments as of November 7, 2024 to the Iowa City Charter by the Charter Review Commission. The Commission has not finalized the proposal and all potential amendments are subject to change. Page 11 (2) Cause the examination and investigation of the affairs of any department or the conduct of any employee under supervision of the cCity mManager. (3) Execute contracts on behalf of the cCity when authorized by the cCouncil. (Ord. 85-3227, 3-12-1985) Section 4.05. Ineligibility; Prohibited Acts. Except for the exercise of the right to vote, the cCity mManager shall not take part in any election of cCouncil members. This prohibition shall in no way limit the cCity mManager's duty to make available public records as provided by state law or this cCharter. (Ord. 76- 2792, 1-2-1976) ARTICLE V. BOARDS, COMMISSIONS AND COMMITTEES Section 5.01. Establishment. A. With the exception of the cCommunity pPolice rReview bBoard, the cCouncil 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 cCouncil 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 cCharter. B. There shall be a permanent cCommunity pPolice rReview 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 dDepartment; and 2. To make recommendations regarding such policies, practices, and procedures to the cCity cCouncil; and 3. To investigate claims of misconduct by sworn police officers and to issue independent reports of its findings to the cCity cCouncil; and 4. The authority to subpoena witnesses. (Ord. 15-4621, 5-19-2015) Section 5.02. Appointment; Removal. The following is a working draft of proposed amendments as of November 7, 2024 to the Iowa City Charter by the Charter Review Commission. The Commission has not finalized the proposal and all potential amendments are subject to change. Page 12 The cCouncil shall, subject to the requirements of state law, seek to provide broad representation on all boards. The cCouncil shall establish procedures to give at least thirty days' notice of vacancies before they are filled and shall encourage applications by residents. Council procedures for the removal of members shall be consistent with state law. (Ord. 05-4152, 3-1-2005; amd. Ord. 15-4621, 5-19-2015) Section 5.03. Rules. A. The cCouncil 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 cCouncil shall specify, for each board, methods for informal and formal communication with cCouncil, time schedules for the completion of reports requested by cCouncil and such rules as it deems appropriate. C. A board may establish additional rules and procedures that are consistent with state law, cCouncil rules, and this cCharter. (Ord. 76-2792, 1-2-1976) ARTICLE VI. CAMPAIGN CONTRIBUTIONS AND EXPENDITURES Section 6.01. Limitations Oon Tthe Amount Oof Campaign Contributions. The cCouncil, by ordinance, shall prescribe limitations on the amount of campaign contributions made to a candidate for election to cCouncil by a person as defined in this cCharter. (Ord. 95-3671, 3-28-1995) Section 6.02. Disclosure Oof Contributions Aand Expenditures. The cCouncil, 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 cCouncil 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 cCode of Iowa. (Ord. 05-4152, 3-1-2005; amd. Ord. 15-4621, 5- 19-2015) The following is a working draft of proposed amendments as of November 7, 2024 to the Iowa City Charter by the Charter Review Commission. The Commission has not finalized the proposal and all potential amendments are subject to change. Page 13 Section 6.04. Violations. The cCouncil, by ordinance, shall prescribe: (1) penalties for the violation of the contribution limitations and disclosure requirements it establishes pursuant to this sSection; and (2) when appropriate, conditions for the revocation of a candidate's right to serve on cCouncil if elected, consistent with state law. (Ord. 05-4152, 3-1-2005) ARTICLE VII. INITIATIVE AND REFERENDUM Section 7.01. General Provisions. A. Authority. (1) Initiative. The eligible electors have the right to propose measures to the cCouncil and, if the cCouncil 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 cCouncil of an existing measure and, if the cCouncil 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 cCouncil. 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. (b) The cCity 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 cCity employees. The following is a working draft of proposed amendments as of November 7, 2024 to the Iowa City Charter by the Charter Review Commission. The Commission has not finalized the proposal and all potential amendments are subject to change. Page 14 (h) Any measure required to be enacted by state or federal law. (i) Amendments to this cCharter. (j) Amendments affecting the cCity zoning ordinance or the land use maps of the comprehensive plan, including the district plan maps. (k) Public improvements subsequent to cCity cCouncil action to authorize acquisition of property for that public improvement, or notice to bidders for that public improvement, whichever occurs earlier. "Public improvement" shall mean any building or construction work. (2) Resubmission. No initiative or referendum petition shall be filed within two years after the same measure or a measure substantially the same has been submitted to the voters at an election. (3) Council Repeal, Amendment Aand Reenactment. No measure proposed by initiative petition and adopted by the vote of the cCouncil 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 cCouncil 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 Oof 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 cCouncil pursuant to sSection 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 cCity, its agencies or any person in reliance on the measure during the time it was in effect. (Ord. 15-4621, 5-19- 2015) The following is a working draft of proposed amendments as of November 7, 2024 to the Iowa City Charter by the Charter Review Commission. The Commission has not finalized the proposal and all potential amendments are subject to change. Page 15 Section 7.02. Commencement Oof 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 cCity cClerk 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 cCity cClerk shall accept the affidavit for filing if on its face it appears to have signatures of one or more qualified electors. The cCity cClerk shall issue the appropriate petition forms to the petitioners the same day the affidavit is accepted for filing. The cCity cClerk 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 Oof Signatures. 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 cCity 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 cCity cClerk need have attached to it only one copy of the measure being proposed or referred. C. Affidavit Oof Circulator. Each paper of a petition containing signatures must have attached to it when filed an affidavit executed by an eligible elector certifying: the number of signatures on the paper, that he or she they the elector personally circulated it, that all signatures were affixed in his or her their the elector’s presence, that he or she they the elector believess 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. The following is a working draft of proposed amendments as of November 7, 2024 to the Iowa City Charter by the Charter Review Commission. The Commission has not finalized the proposal and all potential amendments are subject to change. Page 16 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 sSection 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 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 Oof Signature. Prior to the time a petition is filed with the cCity cClerk, a signatory may revoke his or her their signature for any reason by filing with the cCity cClerk a statement of his or her their intent to revoke his or her their signature. After a petition is filed a signatory may not revoke his or her their signature. The cCity 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 Filing. A. Validity Oof 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 cCity cClerk 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 cCity cClerk within five working days after the petition is received. B. Hearing Oon Objections; Objections Committee. Written objections timely filed with the cCity cClerk shall be considered by an objections committee made up of the mMayor and cCity cClerk and one member of the cCouncil 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 by law, court review of the oObjections cCommittee's actions shall be by writ of certiorari. (Ord. 15-4621, 5-19-2015) Section 7.05. Action Oon Petitions. The following is a working draft of proposed amendments as of November 7, 2024 to the Iowa City Charter by the Charter Review Commission. The Commission has not finalized the proposal and all potential amendments are subject to change. Page 17 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 cCouncil 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 cCity as hereinafter prescribed. If at any time more than thirty days before a scheduled initiative or referendum election the cCouncil adopts the proposed initiative measure or adopts a measure which is similar in substance or if the cCouncil 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 cCity on a proposed measure shall be held at the regular city election or at the general election which next occurs first 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 cCommissioner of eElections. (2) Referendum. The vote of the cCity on a referred measure shall be held at the regular city election or at the general election which next occurs 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 cCommissioner of eElections. The cCouncil 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 cCity cClerk. 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 Oof 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 cCouncil, 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. The following is a working draft of proposed amendments as of November 7, 2024 to the Iowa City Charter by the Charter Review Commission. The Commission has not finalized the proposal and all potential amendments are subject to change. Page 18 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 Oon Establishment Oof Stricter Conditions Oor Requirements. The cCouncil shall not set, except by cCharter 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 cCharter may be amended only by one of the following methods: A. The cCouncil, by resolution, may submit a proposed amendment to the voters at the first legally permissible election date consistent with Section 7.05(B) of this Chartera special city election, and the proposed amendment becomes effective when approved by a majority of those voting. B. The cCouncil, by ordinance, may amend the cCharter. However, within thirty (30) days of publication of the ordinance, if a petition valid under the provisions of section 362.4 of the cCode of Iowa is filed with the cCouncil, the cCouncil must submit the amending ordinance to the voters at the first legally permissible election date consistent with Section 7.05(B) of this Chartera special city election, and the amendment does not become effective until approved by a majority of those voting. C. If a petition valid under the provisions of section 362.4 of the cCode of Iowa is filed with the cCouncil proposing an amendment to the cCharter, the cCouncil must submit the proposed amendment to the voters at the first legally permissible election date consistent with Section 7.05(B) of this Chartera special city 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 cCouncil, using the procedures prescribed in aArticle V, shall establish a cCharter rReview cCommission at least once every ten years following the effective date of this cCharter. The cCommission, consisting of at least nine members, shall review the existing cCharter and may, within twelve months recommend any cCharter amendments that it deems fit to the cCouncil. The cCouncil shall either exercise its power of amendment pursuant to sSection 8.01B of the cCharter on a matter recommended by the cCommission The following is a working draft of proposed amendments as of November 7, 2024 to the Iowa City Charter by the Charter Review Commission. The Commission has not finalized the proposal and all potential amendments are subject to change. Page 19 or submit such amendments to the voters in the form prescribed by the cCommission, and an amendment becomes effective when approved by a majority of those voting. (Ord. 05- 4152, 3-1-2005) CHARTER COMPARATIVE TABLE The hHome rRule cCharter 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 Number Date Disposition 77-2826 3-15- 1977 6.01 77-2858 9-6- 1977 7.05B 77-2864 9-6- 1977 3.01 85-3227 3-12- 1985 Definitions 7,8, 2.01, 2.03, 2.05 - 2.08, 3.01 - 3.03, 4.04, 5.02, 6.04, 7.01 - 7.05, 8.01, 8.02 85-3228 3-12- 1985 6.02 85-3273 12-17- 1985 2.01 90-3462 6-26- 1990 7.03A, 7.04A 95-3671 3-28- 1995 2.06B, 2.08C,E, 3.01A, 6.01, 7.04D The following is a working draft of proposed amendments as of November 7, 2024 to the Iowa City Charter by the Charter Review Commission. The Commission has not finalized the proposal and all potential amendments are subject to change. Page 20 05-4152 3-1- 2005 Definitions 11,12, 2.03, 2.05, 2.11, 2.12B, 3.01A, 3.02A, 4.04A, 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- 2007 5.01 15-4621 5-19- 2015 Preamble, 2.06B, 3.01, 4.02A, 5.01, 5.02, 6.03, 7.01, 7.03, 7.04, 7.05, 7.06, 7.07 Petition 11- 2016 7.03A