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HomeMy WebLinkAbout2025-02-18 OrdinanceItem Number: 9.b. CITY OF IOWA CITY COUNCIL ACTION REPORT February 18, 2025 Ordinance amending the Iowa City Charter as recommended by the Charter Review Commission. (Pass and Adopt) Prepared By: Reviewed By: Fiscal Impact: Staff Recommendation: Commission Recommendations Eric Goers, City Attorney Kellie Grace, City Clerk None No recommendation The Charter Review Commission recommends approval. Attachments: Report of the 2024-2025 Iowa City Charter Review Commission Redlined draft of proposed amendments Clean copy of the Iowa City Charter amended as proposed Charter Review Commission Members 1973 to present Ordinance Executive Summary: The Iowa City Charter Review Commission was established by the Iowa City Council on January 2nd, 2024. Created pursuant to Section 8.02 of the Iowa City Charter, the Commission was charged with "review[ing] the existing charter" and "recommend[ing] any charter amendments that it deems fit to the council." The Charter Review Commission is tasked with engaging in a deep and thorough review of the Charter "at least once every ten years." The Commission had their first meeting on April 1st, 2024, and met a total of 16 times, including two Community Forums to receive community input. Background / Analysis: The Commission has recommended changes to all sections of the Charter. Most are non - substantive, such as changes to capitalization and pronouns. Others are more substantive, such as requiring "the first legally permissible election date" for elections required by petitions. The Commission also considered and rejected proposed changes to the election of District Councilors and the Mayor. Any change proposed by the Commission and not adopted by Council must be placed on the ballot for voters to decide. This ordinance adopts all changes proposed. Report of the 2024-2025 Iowa City Charter Review Commission The Commission and the Process. The Iowa City Charter Review Commission was established by the Iowa City Council on January 2"d, 2024. Created pursuant to Section 8.02 of the Iowa City Charter, the Commission was charged with "review[ing] the existing charter" and "recommend[ing] any charter amendments that it deems fit to the council." The Charter Review Commission is tasked with engaging in a deep and thorough review of the Charter "at least once every ten years." Commission members were appointed by Council at their February 20th and March 19th meetings. They include Chair John Balmer, Vice -Chair Molly Kucera, Susan Craig, John Deeth, Gerene Denning, Mackenzie DeRoo, Matt Hayek, Bijou Maliabo, and Jennifer Patel. The Commission had their first meeting on April 1", 2024, and met a total of 16 times, including two Community Forums to receive community input. The Commission decided at their first meeting that they would welcome public comment and input at all of their meetings and encouraged the public to participate in their work at every opportunity. All meetings were publicly posted, video recorded, and made available online. A working draft of the red -lined changes to the Charter the Commission is recommending has been available on the Commission's webpage throughout the process, tracking the Commission's work, progress, or tentative positions. The Commission received in -person comments and written correspondence. The Commission was aided in its work by the invaluable contributions of City Attorney Eric Goers and City Clerk Kellie Grace. These are two very dedicated individuals who were instrumental in making the Commission and its mission much easier. The Report. This Report, the culmination of the Commission's work, is meant to provide a summary review of the substantive changes recommended by the Commission. It supplements the "red -line" version of the Charter showing all additions, deletions, and alterations recommended by the Commission. In addition, the minutes of all Commission meetings are available online, as are the full videos of all Commission meetings. Finally, the Commission Chair and Vice -Chair intend to make a formal presentation to the Council regarding the Commission's work and recommendations. They will make themselves available to assist the Council throughout their review of the Commission's recommendations. The Charter is made up of a Preamble, a Definitions section, and eight (8) Articles. This Report will address each of them in turn, including changes that were considered but ultimately rejected. Much of this Report will present changes to the Charter proposed by the Commission in exactly that way — as proposed changes. However, for the sake of brevity, portions of the Report will read as though the Commission has amended the Charter itself. To be clear, the Commission acknowledges that under Article Vill. of the Charter, the Commission has no authority to amend the Charter itself. Any and all changes described herein or in the attached red -lined version of the Charter are simply changes proposed by the Commission to the Council. It is the prerogative of the Council and/or City voters to adopt proposed changes. Finally, the Commission has several recommendations not involving changes to the Charter, but which are instead supportive of a healthy, democratic society. They will be listed at the end of this Report. 1 Explanations of Recommended Charter Amendments. First, some discussion of whole cloth changes proposed throughout the Charter. The Commission is recommending capitalization of all proper nouns, such as the Council, the Charter, District A, the City, and the City Manager. The Commission also proposes moving away from "he or she" to "they" to be more inclusive. Second, some explanation of the red -lining in the accompanying Draft Charter. All proposed changes are reflected in red text. e- t h r at�g4 font represents text the Commission proposes to delete. Underlines] font represents text the Commission proposes to add. IMF E nstpHce t4+ourgh font represents text the Commission proposed adding to the Charter, but later reconsidered and deleted. Preamble The language in the Preamble was revised in several ways based on the National Civic League's Model City Charter. The changes were proposed to emphasize representative democracy, environmental stewardship, inclusivity, and professional management. The portion related to the principle of resident participation was bolstered with language related to equitable participation in local government, with all individuals having an opportunity to participate, and with discrimination prohibited under Title 2 of the City Code not tolerated. The term "strong political leadership" was later replaced with "strong leadership" to ensure neutrality. Definitions The only changes made to the Definitions section relate to capitalization conventions. There was discussion about whether the terms "eligible elector" and "qualified elector" were both needed. The conclusion was to retain both definitions because while Iowa City and State Code allow only qualified electors (registered voters) to vote, eligible electors (those eligible to register to vote) are able to sign petitions and otherwise engage in the local political process. Article I: Powers of the City Section 1.01 was strengthened to state, "The City shall have all powers possible under the constitution and laws of this state." This was intended to ensure that the City, acting through the Council, have any and all powers available to it. The Commission considered language from the Model Charter on Intergovernmental Relations to allow for cooperative ventures with other governments, but found it unnecessary, given the allowance already granted by State Code. Article II: City Council Probably the most significant and robust discussion by the Commission was about two elements of Article II. The first was the composition, division, and election of District Council positions. The second was the election of the Mayor. District Council positions. The Iowa City Council presently consists of seven members, with four at -large representatives and three district -specific representatives who are elected city-wide but reside in different geographic districts. When primary elections are needed (if three or more candidates qualify for election) for a District election, only voters residing in that District are allowed to vote in the primary. The top two vote -getters advance to the general election in which all City voters may take part. This system was designed to ensure geographic representation while maintaining City-wide accountability for all Council members. Several Commissioners advocated for allowing only voters residing in the District to take part in the election of District Councilors. They felt only this method of election would make them truly District Councilors and that this would allow for smaller, less expensive campaigns based on the smaller number of voters the candidates needed to reach. The remaining Commissioners supported keeping the present system in place, seeing the risk of parochialism in conflict with City-wide priorities. There was also fear that given the process by which Mayors are selected, there would be a significant chance that Councilors could select a Mayor for whom two-thirds of the City never had a chance to vote. These Commissioners valued the opportunity of all City voters to have a say in the elections of all City Councilors. There were a number of related topics the Commission discussed, but ultimately rejected. Those included a discussion about increasing the total number of Councilors, changing the mix of District and At -Large Council positions, and adding a dedicated Council position for a University of Iowa student. Each idea had merit, but did not win majority support on the Commission. Following lengthy discussion over the course of several meetings, the Commission voted 6-3 to retain the current system, but proposed language in Section 2.01 to acknowledge that District Councilors are not solely representatives of their Districts, but are instead intended "to ensure City-wide geographic representation on the Council." The Commission advocated for more voter education about the method by which Councilors are elected in Iowa City. Election of the Mayor. The Commission discussed the role of the Mayor, focusing on whether the Mayor should be elected directly by the public or chosen by the City Council, and the length of the Mayor's term. At present, the Mayor is elected from among all Councilors by the Councilors themselves at their organizational meeting immediately after seating new Councilors in January of even years. Mayoral terms are two years. Several Commissioners favored direct election of the Mayor, arguing it leant the office more legitimacy. They further argued having a Mayor directly elected by voters would strengthen the connection between City government and its residents, increase public interest in City government and participation in civic affairs, and cause the Mayor to feel more directly accountable to the public, potentially improving transparency and communication. 3 Commissioners favoring the status quo argued that maintaining the current system creates a stronger Council by ensuring decisions reflect the position of the Council majority. They believed that a voting Mayor promotes accountability and equality on the Council and fosters unity and cohesiveness within the Council, which benefits the City's governance and its staff. They pointed out that Council selection of the Mayor promotes prior Council experience and diplomacy, and strengthens the Council as a collective body. They expressed concerns about the potential risks of directly electing a Mayor with no Council experience or with a strong personal agenda that might disrupt governance. Finally, they noted that correspondence from former City officials and other public feedback predominantly supported retaining the existing system. The Commission ultimately voted 6-3 to retain the current system, for the reasons cited above. Separately, Section 2.08, Appointments, was amended to add the appointments of the Police Chief and Fire Chief, moving the language from Section 2.12, Prohibitions. While the language and location changed, the process by which the Chiefs are appointed did not. Section 2.12, Prohibitions, was modified as described above, and was amended in substance by adding the staff of the City Attorney and City Clerk to the protections against Council interference afforded to the staff of the City Manager. Because the Airport and Library staff are governed by the Airport Commission and Library Board of Trustees, respectively, not any of the three Council appointees, language was added to offer the same protection to those staffs by prohibiting interference with any employee other than the three employed directly by Council. Those are the City Manager, City Attorney, and City Clerk. Article III: Nomination, Primary Election, and Regular Election Only minor, non -substantive changes are proposed in Article III. The Commission discussed moving the primary date earlier in the election cycle but found that the primary date is set by State Code. Article IV: City Manager Several minor, non -substantive changes were made. The only substantive change was to Section 4.04(A)(6), reflecting that the restrictions and obligations imposed on the City Manager by the Charter come from City Code, not State Code. State Code provisions still apply but require no enabling by the City Charter to have effect. Article V: Boards, Commissions, and Committees Section 5.01(A) was updated to encourage the Council to consider community demographics when making appointments to ensure boards and commissions reflect Iowa City's diversity. The language mandates consideration of demographics, not imposition of demographic quotas, as quotas would offend Constitutional protections. The Commission also was cognizant that the Council can appoint only 4 from the pool of residents who apply. Gender balance was also discussed in light of the recent repeal of a State law that mandated gender balance on many City boards and commissions. There was also discussion about the Community Police Review Board. The state of recent bills regarding police review boards was considered. While bills had been offered in recent years to prohibit police review boards, none have passed thus far. It is possible similar bills will be presented in the future. If such a bill were to pass, it is likely that Iowa City's Community Police Review Board would need to be disbanded. The Commission also weighed the minimum number public forums to be held, deciding to leave it at "at least one community forum each year." Article VI: Campaign Contributions and Expenditures Only minor, non -substantive changes are proposed in Article VI. The $100 contribution limit embedded in an ordinance enabled by Section 6.01 of the Charter was retained, emphasizing fairness and transparency in campaign financing. Article VII: Initiative and Referendum Section 7.01 was amended to make clear that personnel decisions are not subject to initiative or referendum petitions. Section 7.05 was updated to align with changes to State Code on election dates, while preserving the intent of prompt elections on valid petitions. Section 7.05 was also amended to mirror Council's ability under Section 8.01 to adopt the proposal made in the petition, negating the need for an election on that issue. Article Vill: Charter Amendments and Review Section 8.01 was amended to reference Section 7.05(B), relating to election dates, ensuring consistency and adaptability to future changes in State election law. Section 8.01 was also amended to allow the Council to adopt the substance of a Charter amendment petition without having to hold an election. The language mirrors the substance of Section 7.05 governing initiative and referendum petitions. Other Recommendations The Commission discussed concerns with declining local media coverage of City government and City elections. It was hypothesized that this decline in local coverage has contributed to lower voter engagement. The Commission proposes that Council promote multi -jurisdictional initiatives to improve voter turnout, including multi -generational education programs, a task force, multimedia outreach, and nonpartisan guides such as those provided by Greater Iowa City, Inc. The Commission was also concerned about declining candidate participation, particularly in District Council elections, which are often uncontested. Conclusion The Iowa City Charter Review Commission appreciated the opportunity to take part in this important process. Commission members enjoyed the vigorous but respectful debates they held on numerous issues foundational to the governance of the City. The Charter is essentially the Constitution of the City of Iowa City, an importance not lost on Commissioners as they weighed possible changes to propose. While not all decisions made were unanimous, the recommendations as a whole contained in this Report and accompanying red -lined draft Charter carry the authority of a unanimous vote of the Commission. Pursuant to Section 8.02 of the Charter, the Council may adopt all, some, or none of the Commission's proposed changes. Any changes not adopted must go on the ballot for City voters to decide. Because the Commission, made up of residents appointed by Council, spent many hours over the course of months developing these recommendations, with input from the public, the Commission respectfully asks that the Council adopt the Commission's proposed changes in their entirety. As a Commission, we thank you for the opportunity to serve, and look forward to your discussion of these matters. Thank you for your own service on Council. Respectfully submitted this 17th day of December, 2024. Iowa City Charter Review Commission Johrr 13almer, Chairperson On behalf of Commission Members: Molly Kucera, Vice -Chair Susan Craig John Deeth Gerene Denning Mackenzie DeRoo Matt Hayek Bijou Maliabo Jennifer Patel N. The fb1-1—o—w—iagis qclean copy of the M2f&ky,-draft of proposed amendments as aft ZkDecenrher 17, 2024 to the Iowa Ci Charter G the Charter Review Cominission. T-4e C-&mRg&4G"a:s Pet finalized the IOWA CITY CHARTER 1 Preamble Definitions Article I. Powers 9of Tthe City § 1.01. Powers 9of Tthe City. § 1.02. Construction. § 1.03. Savings Clause. Article II. City Council § 2.01. Composition. § 2.02. Division linto Council Districts. § 2.03. Eligibility. § 2.04. Terms. § 2.05. Compensation. § 2.06. Mayor. § 2.07. General Powers ;`b! nd Duties. § 2.08. Appointments. § 2.09. Rules; Records. § 2.10. Vacancies. § 2.11. Council Action. § 2.12. Prohibitions. Article III. Nomination, Primary Election .!.a..nd Regular Election § 3.01. Nomination. § 3.02. Primary Election. § 3.03. Regular City Election. Article IV. City Manager § 4.01. Appointment; Qualifications. Page 1 The fallowing is a_clean copy of the wg449-e-draft ofnroposed amendments os of r 23Decem er 17 2024 to the Iowa City Charter- by the Charter Review Commission. The --a-endments---resitWecttq § 4.02. Accountability; Removal. § 4.03. Absence; Disability '• of City Manager. § 4.04. Duties o(j#, 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 t-The Amount 9of Campaign Contributions. § 6.02. Disclosure 4WContributions Aand Expenditures. § 6.03. Definition. § 6.04. Violations. Article VII. Initiative Aand Referendum § 7.01. General Provisions. § 7.02. Commencement :. Proceedings, Affidavit. § 7.03. Petitions; Revocation 94 Signatures. § 7.04. Procedure Aafter Filing. § 7.05. Action Gqn Petitions. § 7.06. Results 9of Election. § 7.07. Prohibition Qp_n Establishment 9_Qf Stricter Conditions 0—or Requirements. Article V1II. Charter Amendments Aand Review § 8.01. Charter Amendments. § 8.02. Charter Review Commission. Notes Page 2 The following is_a clean copy of the aye rr draftro am n meats a " � Z e ber 7 202 to the Iowa City Charter bz the Charter R v- Commission. -:94e 1 1. The home rule cCharter of the c-City, 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. 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 account ble council -mans er ove a t. By this action, we secure the benefits of home rule and affirm the values of representative democracy, professional a nagement . tron Ieadershi p, p u61ic jengagement diversi ty and inclusiveness regional cooperation. and fi F sa Fid effe E4Ye stewardship of our unic{ue environment. Furthermore adoptio n of this Charter reco nines the following principles: 1. Resident participation on an equitable and inclusive basis as part of the process- of i-a democratic self-government. a. Each individual shall have an -opportunity to participate in the life of the City, including ecgrIgmic. cultural and intellectual. b. Discrimination rohibited b 'Title 2 of the City Code shall naLtLe tole ated. 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 principles pEEREiga6 and practices of due process, equal protection under the laws, and protection o fthesei nd ivi d ua I liberties prote 4ed rante by the eConstitution of the United States, b Lthe state 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 ci'ity of Iowa City, Iowa. Page 3 The fQI191kiLiQ is a clean =V of the..s, ^ draft of proposed amendments as ofp er 2SDecemher 17 202. 4_to_ the Iowa City Charter �v the Charter Review Cam mission, Comm_ircir..-. hnn .. �SJIVTITIITSR 2. "City eCouncil" or "eCouncil" means the governing body of the eCity. 3. "Council -member" means a member of the eCouncil, including the mMayor. 4. "Shall" imposes a duty. S. "Must" states a requirement. 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 I. POWERS OF THE CITY Section 1.01. Powers Oof Tthe CLty. The c-City #a-s�-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 -City under this eCharter is intended to be broad; the mention of a specific power in this 'Charter is not intended to be a limitation on the general powers conferred in this article. (Ord. 76-2792, 1-2-1976) Section 1.01 Savings Clause. Page 4 The following is o clean copy of the y dro �t of pMpsed amendments as of n gDecem,ber 17. 2024 to the Iowa City Chaaer hk th�arter Review Commission. the If any provision of this eCharter, or the application of this eCharter to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this eCharter. (Ord. 76-2792, 1-2-1976) ARTICLE IL CITY COUNCIL Section 2.01. Composition. The eCity eCouncil consists of seven members. As provided in aArticle Ill, four, to be known as eCouncilmembers at --la rge, 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. The purpose of district_ divisions is to ensure City-wide ge graphic representation on the Council. All eCouncil-members shall be elected by the qualified electors of the eCity at -large. (Ord. 85-3273,12-17-1985) Section 2.02. Division Into Council Districts. The eCouncil, by ordinance, shall divide the eCity into three eCouncil districts of substantially equal population. These districts are to be designated as eCouncil 4District A, eCouncil dDistrict B, and eCouncil dDistrict C. (Ord. 76-2792,1-2-1976) ,kaign 2.Q3. 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 &Council 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 cCouncil dDistrict A, eCouncil dDistrict C, and the two eCouncil members at --large who receive the greatest number of votes cast for eCouncilmember 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 cCity 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) Page 5 The flowing is a clean c�y�f dhg��dra a ro used amendments s of 24December I7 2024 to the Iowa Citv Charter by the barter Review Commission. PM S-es:bon 2.05. Compensation. The eCouncil, by ordinance, shall prescribe the compensation of the mMayor 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) Section 2.06. Mavor. A. Immediately following the beginning of the terms of cCouncilmembers elected at the regular eCity election, the eCouncil shall meet and elect from among its members the mMayor and mMayor p.Ero tTem for a term of two years. (Ord. 85-3227, 3-12-1985) 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 +iWayor may add items to the eCity eCouncil agenda. The mMayor shall present to the eCity no later than February 28 an annual s5tate of the eCity message. (Ord. 15-4621, 5-19-2015) C. The mMayor pEro tTem shall act as fRMayor during the absence of the FffMayor. (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 'Charter. (Ord. 85-3227, 3-12-1985) Section 2.08. Appointments. A. The eCouncil shall appoint the c-CityfalManager. B. The J.ouncil shall appoint the eCityeClerk. (Ord. 85-3227, 3-12-1985) C. The eCouncil shall appoint the eCity. ,a/attorney. (Ord. 95-3671, 3-28-1995) D. The City Manager-sballi t the ChJeLQ—f tLe Po ice De artment and the Chief of the Fire Department. subject to approval of the WCouncil. PE. The eCouncil shall appoint all members of the eCity's boards, except as otherwise provided by state law. (Ord. 85-3227, 3-12-1985) FF. 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 c-City employees by-eit, c-auns4 and eity Manag -!� must be made Page 6 The tMowing is rclean copy of the " droft of proposed amendments as ofAla�e-r- 24 De_cemher 17, 2024 to the Iowa_ City l hurter Icy the Charter Review Corr; m issin 11. 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 c-Council may determine its own rules and shall maintain records of its proceedings consistent with state law. (Ord. 76-2792, 1-2-1976) Section 2.10. Vacancies. The ,�._ouncil shall fill a vacancy occurring in an elective eCity 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 ouncil 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 e0ty office or be a e0ty employee or elected county official while serving on the c-Council nor hold any remunerated cCity office or employment for at least one year after leaving the c-Council. (Ord. 76-2792, 1-2-1976) With Elie n o[th n a p po 4n+e r oL the chief G nt -inorisi of th e Fire-dijnL-Wt eAt, .i4:whF0VR1 9f the CA 6 0 U R it ..n: ..r �L i �r.r itT n +�nezi rated by fhe Gih'n •.+,...-.e 13�v.•zyep _Flhe r_ouncil ;nay evnr ess its views to the rites r , � r�s-rti�T n4a nag en n r•taip i ng to t�rt Film enF n al of Ti ee-4&Fd. 0'Tr52,3T ,3� With the excentinn t7f att� Hers ra�•ovi�ied in SeoCion 2.Ut3, a Council member m�iy not dictate, in any manner, the appointment or removal of any City ern olovee. However, the Cotlnc_11 may express its views to th e a fq _ - Pe _- _to th e a tTnent_ -eg+ioy l @f sLigh gajpjg &e pertaining to the appointment or removal of such employee to the Council annointee under wham the ernniovee works.ICity Mana=_ser. City Attornev. Citv Clerk). Page 7 h e fb11_owLi2g jj a l n cogy m e raft Q,fproposed amendments as of ,ZgDacember 17. 2024 to the Iowa City Charter by the Charter Review Commission. Ue C. °1 rmay Fiat interfere wit4 the supeiwisien OF dir-ection of any persion A Council member may not _interfere with the supervision or direction of any City employee other than the City Manager. Cit�i Attorney. or City Clerk. ARTICLE III. NOMINATION, PRIMARY ELECTION AND REGULAR ELECTION Section 3,01__Nomination. A. An eligible elector of a &Council district may become a candidate for a &Council district seat by filing with the Johnson County &Commissioner of eElections a valid petition requesting that his er their name be placed on the ballot for that office. Unless otherwise provided by state law, the petition must be filed not more than eighty-five (85) days nor kL 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 &City election, but not l ewer than ten (10) persons. B. An eligible elector of the sCity may become a candidate for an at -large &Council seat by filing with the Johnson County &Commissioner 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 l—s-'- 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 &City election, but not !tom 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 &Council district eligible to vote. The names of the two candidates who receive the highest number of votes in the primary election are to be placed on the ballot for the regular &City election as candidates for that e! ouncil 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 sCouncil, by ordinance, chooses to have a run -off -election. (Ord. 85-3227, 3-12-1985) Page 8 The following is a clean caj2v of they dra a rn sed mendrnettts us o X9embie� 246ecember 17. 2024 to the Iowa City Charter b_v the Charter Review Cam mission_ -The ifs lYf et lhxx f.At ��f� fhA 1 gund !Big tart' n. tom ndm . f Section 3.03. ReZular 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 ECouncil district seats shall be designated on the ballot as ECouncil 4District A, £Council dDistrict B and eCouncil district C and each shall be elected at --large. B. The at_ large eCouncil seats shall be designated on the ballot as such. (Ord. 85-3227, 3- 12-1985) ARTICLE IV. CITY MANAGER Section 4.01: Appointment_Qualifications. In appointing a ECity fManager, the ECouncil shall consider only the qualifications and fitness of the person without regard to political or other affiliation. During his ;;r- her their tenure the eCity Manager shall reside within the eCity. (Ord. 76-2792, 1-2-1976) Section 4.02. AccountabiliUm Removal. A. The eCity A:Nanager 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 ECity mManager, the eCouncil shall appoint an individual qualified to perform the duties of eCity mManager to serve at the pleasure of ECouncil or until a eCity wManager is appointed. (Ord. 76-2792, 1-2-1976) Section4.03.Absence;Disabili OoFCity Manage_r. Thee City mManager may designate a qualified eCity employee as acting ECity Managerto perform h«n��their duties during a temporary absence or disability. If the ECity mManager does not make such a designation, the ECouncil shall appoint a qualified sCity employee to perform the duties of the eCity mManager until m-&p4re-they return&. (Ord. 76-2792, 1-2-1976) Page 9 The followintg is a clean copy of the mffhEk6RII-draft ofproposed amendments as ofNoveR4w 231]ecember 17. 2024 to the Iowa City Charter 6X the Charter Review Commission. The 4 4r. r r.l and aU .,ton..r�.� al nnrf., r. anti• nrn il ir.f t chanae— Section 4.84. Duties 9of City Manager. A. The ECity mManager shall be chief administrative officer of the ECity and shall; {1.) ' Ensure that the laws of the ECity are executed and enforced. {2.1 Supervise and direct the administration of ECity government and the official conduct of employees of the ECity appointed by the ECity fff Manager including their employment, training, reclassification, suspension, or discharge as the occasion requires, subject to state law. (3,) Appoint the sChief of the pEolice dDepartment and the EChief of the !:Fire dDepartment with the approval of the eCity £Council. {4,} Supervise the EChief of the pPolice 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 ECity eCouncil. {5J Appoint or employ persons to occupy positions for which no other method of appointment is provided by state law or this c-Charter. {6J Supervise the administration of the eCity personnel system, including the determination of the compensation of all sCity employees appointed by the ECity Manager subject to sEate law this Code. or this eCharter. {7J Supervise the performance of all contracts for work to be done for the sCity, supervise all purchases of materials and supplies, and assure that such materials and supplies are received and are of specified quality and character. {8.1 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. {9.1 Supervise the making and preservation of all surveys, maps, plans, drawings, specifications and estimates for the ECity. {10.1 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. {11.1 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 -Council meetings and keep the ECouncil fully advised of the financial and other conditions of the ECity and its needs. Page 10 The f9lLowiag is a cLean copy of the draft ofproposed omendmnts U af•nr 2-5De e er 17. ZQ the 16wg Citv Chap -ter by the h rt L- Review Comm issi n. L,-q-m-..irri6R har_ r ait a Rti .. .. NtSo.-L2:5 H1.:..6 �vrmi-zr.�cnv_rrrrgTzvc�sr ot.Anal ed.the esGI and (14.4 See that the business affairs of the eCity are transacted in an efficient manner and that accurate records of all City business are maintained and made available to the public, except as otherwise provided by state law. f15.4 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) 8, The eCity FRManager, in performing the foregoing duties, may: f l.) Present recommendations and programs to the eCouncil and participate in any discussion by the eCouncil of any matters pertaining to the duties of the <ity mManager, {2,} Cause the examination and investigation of the affairs of any department or the conduct of any employee under supervision of the eCity =�: _ianager. f 3,4 Execute contracts on behalf of the f'ity when authorized by the eCouncil. (Ord. 85-3227, 3-12-1985) 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 ofeCouncil-members. This prohibition shall in no way limit the eCitymManager'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 eReview 13Board, 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 demo ra hics of board and commission members and applicants in making t#mi+a1pointments in an effort to make aP-paintments 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 eCharter. B. There shall be a permanent eCommunity pPolice r-Review bBoard, which shall have vested in it the following minimum powers: Page 11 T e c d4r & oprop-oed amendments as of 24December 17, 2024 to the Iowa City Charterby the Charter Review Commission. Gemmk,&ien has not ized the nreaesal and nll .,r.�..,�;,.r •.me..dw....ii.. nrre.:ii.:.�.-f Fn 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 -p oIice 4D.epartment; and 2. To make recommendations regarding such policies, practices, and procedures to the eCity eCouncil; and 3. To investigate claims of misconduct by sworn police officers and to issue independent reports of its findings to the eCity eCouncil; and 4. The authority to subpoena witnesses. (Ord. 15-4621, 5-19-2015) Section 5.02. Anointment, Removal. The eCouncil shall, subject to the requirements of state law, seek to provide broad representation on all boards. The eCouncil shall establish procedures to give at least thirty days' notice of vacancies before they are filled and shall encourage applications by residents. Council procedures for the removal of members shall be consistent with state law. (Ord. 05-4152, 3-1-2005; amd. Ord. 15-4621, 5-19-2015) Section 5.03. Rules 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 C.ouncil shall specify, for each board, methods for informal and formal communication with .Council, 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 ter. :barter. (Ord. 76-2792,1-2-1976) ARTICLE VI. CAMPAIGN CONTRIBUTIONS AND EXPENDITURES Section .01. Limitations Son Tthe Amount Gof 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 c-Charter. (Ord. 95-3671, 3-28-1995) Page 12 The folloWigg is a clean oopy ofthe mTEk : draft of proposed amendments as of" � 2256ecembgr 17, 2024 to the Iowa City Charter by the Charter Review Commission_ 1#e Mona . Section 6.02. Disclosure aof 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 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 sSection; and (2) when appropriate, conditions for the revocation of a candidate's right to serve on eCouncil if elected, consistent with state law. (Ord. 05-4152, 3-1-2005) ARTICLE VII. 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. f2.1 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. f3.1 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. Page 13 The ollowiU is a clean cv of the dr—a t_❑ ronased amendments as o(X 24December 17, 2024 to the Iowa_ City Charter by the Charter Review Commission. The t {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. 4b,1 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_3 The letting of contracts. {gJ Salaries of £City employees. {h,} Any measure required to be enacted by state or federal law. {i_) Amendments to this �2t-barter. U.1 Amendments affecting the eCity zoning ordinance or the land use maps of the comprehensive plan, including the district plan maps. (k_1 Public improvements subsequent to cCity eCouncil action to authorize acquisition of property for that public improvement, or notice to bidders for that public improvement, whichever occurs earlier. "Public improvement" shall mean any building or construction work. {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. f3,1 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 9gf Power. It is intended that this article confer broad initiative and referendum powers upon the eligible electors of the eCity. Page 14 The followin or is a clean copy pf the di' _ ofnropased amendments asaQf 24December 17 2024 to the Iowa City Charter t the Charter Review Commission. T4e �2,1 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. J3.1 Referendum. It is intended that a referendum petition may repeal a measure in whole or in part. D. Effect 9Qf Filing Petition. The filing of an initiative or referendum petition does not suspend or invalidate any measure under consideration. Such measure shall remain in full force and effect until its amendment or repeal by eCouncil pursuant to -,Section 7.05A or until a majority of the qualified electors voting on a measure vote to repeal or amend the measure and the vote is certified. E. City Obligations. An initiative or referendum vote which repeals an existing measure in whole or in part does not affect any obligations entered into by the eCity, 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 Oof Proceed in s- 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 sClerk 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. S. Affidavit. The c-City i�(:lerk shall accept the affidavit for Fling if on its face it appears to have signatures of one or more qualified electors. The c-City 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) ecti 7.-03. Petition5w Revocation Qgf 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 Page 15 The Lollowiag is a c can copy the ra t o r nts asQf 25December 17. 2024 to the Iowa Gtv Charter by the Charter Review Commission. T4-iLe [. h . 9i-Qt .H/s1 F9d the -DFo ,99W and allivlla A6q! eTYvfifl dMeF?U GM SjY iQC4 r 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 ?nd 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 -�z(,'lerk need have attached to it only one copy of the measure being proposed or referred. C. Affidavit '�of Circulator. Each paper of a petition containing signatures must have attached to it when filed an affidavit executed by an eligible elector certifying: the number of signatures on the paper, that t e elector personally circulated it, that all signatures were affixed in the elector's presence, that he 9 r A e th ey the elector believers 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 '"or 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 c-Council of the measure sought to be reconsidered, or subsequently at any time more than two years after such final adoption. The signatures on a referendum petition must be secured during the sixty days after such final adoption; however, if the petition is filed more than two years after final adoption, the signatures must be secured within six months after the date the affidavit required under sSection 7.02A was filed. F. Revocation Oaf Signature. Prior to the time a petition is filed with the eCity cClerk, a signatory may revoke ; is a r- her -their signature for any reason by filing with the eCity e0erk a statement of his E)r--her-their intent to revoke hiG OF heF-thetsignature. After a petition is filed a signatory may not revoke h'rtheir 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 Filing. Page 16 The foliQwina is a clean copv nfthe "2 droUf proposed_amendments as of*! e� 2gDecernher 17. 2024 to the Iowa City Charter by tf�e Charter Review Cammrssian_ The mm inr ir.n har rant P G I r-..,-r rd.n7pj* Wesr.l .. .•. rl 71 .-, 1. e•..,, t:.r7 r, ..fr .. t:u A. Validity 9af 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 Bon Objections; Objections Committee. Written objections timely filed with the eCity eClerk shall be considered by an objections committee made up of the FaMayor 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 eObjections c-Committee's actions shall be by writ of certiorari. (Ord. 15-4621, 5-19-2015) Section 7.05. Action Son Petitions. A. Action Rby 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 Council adopts the proposed initiative 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. If required by this section. Tthe vote of the eCity on a proposed measure shall be held at the regal ai-sty election ^ at "'11901 MIA _first le ally uermissible election date more than forty days after the expiration of the sixty day period provided for consideration in s5ection 7.05A, provided that the initiative petition was filed no k ewer than 80 days prior to the deadline imposed by state law for the submission of ballot questions to the c-Commissioner of eElections. _(2_-J4 RefGre11dUM. If required by this section Tthe vote of the eCity on a referred measure shall be held at the i-egulaF CitE p' e!E-66^^ ^F a the -eRe a1 I-1-ei^^ ••I'"r�' - ^ k ems -first Ie ally permissible election date more than forty days after the expiration of Page 17 T e vllowin is a -clean copy of the raft ofprUosed amendments as o 25December 17 202¢ to the Iowa Citv Charter by the Charter Review Commission r„ the thirty day period provided for reconsideration in sSection 7.05A, provided that the referendum petition was filed no k-.-sfewer than 50 days prior to the deadline imposed by state law for the submission of ballot questions to the c-Commissioner ofeElections. 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 .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 FCouncil, 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 Son Establishment 8of Stricter Conditions for Requirements The c-Council 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 c-Council, by resolution, may submit a proposed amendment to the voters at the trst legally permissible election date consistent with Section 7.05[B) of this Chartera Page 18 The following LF a clean capy.oFthe �deft a£p�r�osed nmericJmerits crs of �- 2-5December 17 2024 to the lowa City Charter by the Charter Review Commission. Ae —'and Gtl oatenr4a! amendments oresubiect to c^eeial eizy ^'^C-r1^FIL and the proposed amendment becomes effective when approved by a r-- - - v - --- - •+ 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 -cCode of Iowa is filed with the eCouncil, the eCouncil must submit the amending ordinance to the voters at the First legally permissible election date consistent with Section 7_ns rrfi of this Chartera spec-ial. ei— - -'ect' .,and the amendment does not become effective until approved by a majority of those voting. C. Petitions. 1. Action by Council. 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 Council shall prgInptly c ns' er the r os d ndment, if the Council fails to adopt a proposed aMend men t which is similar in substance within sixty days. it shall submit the proposedamendment to the q uaIified electors ❑f the C i ty as he rei nafte r p rescri bed. I Fat any time more than thirty-d-Ays before the sch ed u led election the Counci,Iadoptsaa proposed amendment which is similar in substance, the amendment proceedings shall terminate and the proposed amendment shall not be submitted to the voters. 2_Amendment. if required by this section, the vote of the City on the proposed amendment shall be held at the first IegaIIy_permiss l�le elertian_date co��sistent with Section � � 8.01(Clf 11 of this Chartera speciai city election, and the amendment becomes effective if approved by a majority of those voting. (Ord. 05-4152, 3-1-2005) 13. Ballot. Copies of the proposed amendment shall be made available to the qualified electors at the polls and shall be advertised at the City's expense in the manner req wired for "q uest•ons" ii section a7 6.5 ❑f the to a Corte. The subject matter and p ur ose of the proposed amendment shall be indicated on the ballot Section 8.02. Charter Review Commission. The eCouncil, using the procedures prescribed in aArticle V, shall establish a t-Charter (Review 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 eSection 8.01E of the eCharter on a matter recommended by the ECommission or submit such amendments to the voters in the form prescribed by the eCommission, and an amendment becomes effective when approved by a majority of those voting. (Ord. 05- 4152, 3-1-2005) Page 19 The follawin o is a clean r of the dra t ofprogased arnendm nts as o 2-SDecember 17, 2024 to the Iowa City Charter by the Charter Review Commission. -Te CHARTER COMPARATIVE TABLE The hHome r-Rule 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 c(.:harter: Ordinance Date Disposition Number 77-2826 3-15- 6.01 1977 77-2858 9-6- 7.0513 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- 2.06B, 2.08C,E, 3.01A, 6.01, 7.04D 1995 Page 20 The Followina is a clean cqp v of the draft ofnro used amendments as o " 4L)eceniher I7,-ZQ 4 to t e Iowa City Charter 6y the Charter Review Commission. 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, 2.06B, 3.01, 4.02A, 5.01, 5.02, 6.03, 7.01, 7.03, 7.04, 2015 7.05, 7.06, 7.07 Petition 11- 7.03A 2016 Page 21 The following is a clean copy of the Iowa City Charter amended as proposed. IOWA CITY CHARTER 1 Preamble Definitions Article I. Powers of the City § 1.01. Powers of the City. § 1.02. Construction. § 1.03. Savings Clause. Article II. City Council § 2.01. Composition. § 2.02. Division into Council Districts. § 2.03. EIigibility. § 2.04. Terms. § 2.05. Compensation. § 2.06. Mayor. § 2.07. General Powers and Duties. § 2.08. Appointments. § 2.09. Rules; Records. § 2.10. Vacancies. § 2.11. Council Action. § 2.12. Prohibitions. Article III. Nomination, Primary Election and 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. § 4.03. Absence; Disability of City Manager. Page 1 The following is a clean copy of the Iowa City Charter amended as proposed. § 4.04. Duties of City Manager. § 4.05. Ineligibility; Prohibited Acts. Article V. Boards, Commissions and Committees § 5.01. Establishment. § 5.02. Appointment; Removal. § 5.03. Rules. Article VI. Campaign Contributions and Expenditures § 6.01. Limitations on the Amount of Campaign Contributions. § 6.02. Disclosure of Contributions and Expenditures. § 6.03. Definition. § 6.04. Violations. Article VII. Initiative and Referendum § 7.01. General Provisions. § 7.02. Commencement of Proceedings, Affidavit. § 7.03. Petitions; Revocation of Signatures. § 7.04. Procedure after Filing. § 7.05. Action on Petitions. ^ § 7.06. Results of Election. § 7.07. Prohibition on Establishment of Stricter Conditions or Requirements. Article VIII. Charter Amendments and Review § 8.01. Charter Amendments. § 8.02. Charter Review Commission. Notes 1 1. The home rule Charter of the City, adopted by the voters of the City on November 15,1973, and by ordinance 76-2792 on January 2, 1976, pursuant to I.C.A. section 372.9, is set out herein as adopted and amended. Page 2 The following is a clean copy of the Iowa City Charter amended as proposed. 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 Charter and confer upon it the full home rule powers of a charter city in order to provide for an honest and accountable council-manager government. By this action, we secure the benefits of home rule and affirm the values of representative democracy, professional management, strong leadership, public engagement, diversity and inclusiveness, regional cooperation, and stewardship of our unique environment. Furthermore, adoption of this Charter recognizes the following principles: 1. Resident participation on an equitable and inclusive basis as part of the process of democratic self-government. 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 City business inconformity with the principles and practices of due process, equal protection under the laws, and protection of individual liberties granted by the Constitution of the United States, by the State of Iowa, and by local ordinances. 4. Civility and responsiveness by City employees in their interactions with the public. (Ord. 15-4621, 5-19-2015) DEFINITIONS As used in this Charter: 1. "City" means the City of Iowa City, Iowa. 2. "City Council" or "Council" means the governing body of the City. 3. "Council member" means a member of the Council, including the Mayor. 4. "Shall" imposes a duty. 5. "Must" states a requirement. 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. Page 3 The following is a clean copy of the Iowa City Charter amended as proposed. 9. "Board" includes aboard, commission, committee or other similar entity however designated. 10. "Person" means an individual, firm, partnership, corporation, company, association, political party, committee or any other legal entity. 11. "Ordinance" means a city law of a general and permanent nature. 12. "Measure", except as provided in Article VII, means an ordinance, amendment, resolution or motion. (Ord. 76-2792,1-2-1976; amd. Ord. 85-3227, 3-12-1985; Ord. 05- 4152, 3-1-2005) ARTICLE I. POWERS OF THE CITY Section 1.01. Powers of the City. The City 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 City under this Charter is intended to be broad; the mention of a specific power in this Charter is not intended to be a limitation on the general powers conferred in this article. (Ord. 76-2792,1-2-1976) Section 1.03.Savings Clare. If any provision of this Charter, or the application of this Charter to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this Charter. (Ord. 76-2792,1-2-1976) ARTICLE II. CITY COUNCIL Section 2.01_Coniposition. The City Council consists of seven members. As provided in Article III, four, to be known as Council members at -large, are to be nominated by eligible electors of the City at -large, and three, to be known as district Council 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 Council members shall be elected by the qualified electors of the City at -large. (Ord. 85-3273, 12-17-1985) Page 4 The following is a clean copy of the Iowa City Charter amended as proposed. Section 2.02. Division into Council Districts. The Council, by ordinance, shall divide the City into three Council districts of substantially equal population. These districts are to be designated as Council District A, Council District B, and Council District C. (Ord. 76-2792,1-2-1976) 5eetion 2.03. Eligibility. To be eligible to be elected to and to retain a Council position, a person must be an eligible elector of Iowa City, and if seeking or elected to represent a Council district, must be an eligible elector of that Council district. (Ord. 05-4152, 3-1-2005) Section 2.04. Terms, At the first election under this Charter, all seven Council members are to be elected; the Council member from Council District A, Council District C, and the two Council members at -large who receive the greatest number of votes cast for Council member at -large are to serve for terms of four years, and other Council members are to serve for terms of two years. Commencing at the next regular City election, and at all subsequent regular City elections, all Council 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 Z. 5. Compensation. The Council, by ordinance, shall prescribe the compensation of the Mayor and the other Council members. The Council shall not adopt such an ordinance during the months of November and December immediately following a regular City election. (Ord. 05-4152, 3-1- 2005) Section 2.06. Mayor. A. Immediately following the beginning of the terms of Council members elected at the regular City election, the Council shall meet and elect from among its members the Mayor and Mayor Pro Tern for a term of two years. (Ord. 85-3227, 3-12-1985) B. The Mayor is a voting member of the Council, the official representative of the City, presiding officer of the Council and its policy spokesperson. The Mayor may add items to the City Council agenda. The Mayor shall present to the City no later than February 28 an annual State of the City message. (Ord. 15-4621, 5-19-2015) C. The Mayor Pro Tern shall act as Mayor during the absence of the Mayor. (Ord. 85- 3227, 3-12-1985) Section 2.07. General Powers and Duties. All powers of the City are vested in the Council, except as otherwise provided by state law or this Charter. (Ord. 85-3227, 3-12-198S) Section 2.08. Armointments. A. The Council shall appoint the City Manager. Page 5 The following is a clean copy of the Iowa City Charter amended as proposed. B. The Council shall appoint the City Clerk. (Ord. 85-3227, 3-12-1985) C. The Council shall appoint the City Attorney. (Ord. 95-3671, 3-28-1995) D. The City Manager shall appoint the Chief of the Police Department and the Chief of the Fire Department, subject to approval of the Council. E. The Council shall appoint all members of the City's boards, except as otherwise provided by state law. (Ord. 85-3227, 3-12-1985) F. The Council shall fix the amount of compensation, if any, of persons it appoints and shall provide for the method of compensation of other City employees. All appointments and promotions of City employees 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 Council may determine its own rules and shall maintain records of its proceedings consistent with state law. (Ord. 76-2792, 1-2-1976) Section 2.10. Vacancies. The Council shall fill a vacancy occurring in an elective City office as provided by state law. (Ord. 76-2792, 1-2-1976) Section 2.11. Council Action. Passage of an ordinance, amendment or resolution requires a majority vote of all the members of the Council except as otherwise provided by state law. (Ord. 05-4152, 3-1- 2005) Section 2.12. Prohibitions. A. A Council member may not hold any other City office or be a City employee or elected county official while serving on the Council nor hold any remunerated City office or employment for at least one year after leaving the Council. (Ord. 76-2792, 1-2-1976) B With the exception of 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 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 Council member may not interfere with the supervision or direction of any City employee other than the City Manager, City Attorney, or City Clerk. Page 6 The following is a clean copy of the Iowa City Charter amended as proposed. ARTICLE III. NOMINATION, PRIMARY ELECTION AND REGULAR ELECTION Section 3.01. Nomination. A. An eligible elector of a Council district may become a candidate for a Council district seat by filing with the Johnson County Commissioner of Elections a valid petition requesting that their name be placed on the ballot for that office. Unless otherwise provided by state law, the petition must be filed not more than eighty-five (85) days nor 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 City election, but not fewer than ten (10) persons. B. An eligible elector of the City may become a candidate for an at -large Council seat by filing with the Johnson County Commissioner of Elections a petition requesting that the candidate's name be placed on the ballot for that office. Unless otherwise provided by state law, the petition must be filed not more than eighty-five (85) days nor 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 City election, but not 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 Council district seat, a primary election must be held for that seat with only the qualified electors of that Council district eligible to vote. The names of the two candidates who receive the highest number of votes in the primary election are to be placed on the ballot for the regular City election as candidates for that Council seat. (Ord. 05-4152, 3-1-2005) B. If there are more than twice as many candidates as there are at large positions to be filled, there shall be a primary election held unless the Council, by ordinance, chooses to have a run-off election. (Ord. 85-3227, 3-12-1985) S&gtion 3.03. RePular City Election. A. In the regular City election, each Council district seat up for election shall be listed separately on the ballot and only the names of candidates nominated from that Council district shall be listed on the ballot as candidates for that seat. However, all qualified electors of the City shall be entitled to vote for each candidate. The three Council district seats shall be designated on the ballot as Council District A, Council District B and Council District C and each shall be elected at -large. B. The at -large Council seats shall be designated on the ballot as such. (Ord. 85-3227, 3- 12-1985) Page 7 The following is a clean copy of the Iowa City Charter amended as proposed. ARTICLE IV. CITY MANAGER Section 4.01.. AppointmentAppointmentb QpAitfication5. In appointing a City Manager, the Council shall consider only the qualifications and fitness of the person without regard to political or other affiliation. During their tenure the City Manager shall reside within the City. (Ord. 76-2792, 1-2-1976) Section 4,Q2. Accountability; a val. A. The City Manager is under the direction and supervision of the Council and holds office at its pleasure. A City Manager removed by the Council is entitled to receive termination pay as provided by contract. (Ord. 15-4621, 5-19-2015) B. Upon the resignation or removal of the City Manager, the Council shall appoint an individual qualified to perform the duties of City Manager to serve at the pleasure of Council or until a City Manager is appointed. (Ord. 76-2792,1-2-1976) Section 4.01 Absence: J)isabiliMprf City Manager. The City Manager may designate a qualified City employee as acting City Manager to perform their duties during a temporary absence or disability. If the City Manager does not make such a designation, the Council shall appoint a qualified City employee to perform the duties of the City Manager until they return. (Ord. 76-2792, 1-2-1976) Section 4.04. Duties of City Mana er. A. The City Manager shall be chief administrative officer of the City and shall: 1. Ensure that the laws of the City are executed and enforced. 2. Supervise and direct the administration of City government and the official conduct of employees of the City appointed by the City Manager including their employment, training, reclassification, suspension, or discharge as the occasion requires, subject to state law. 3. Appoint the Chief of the Police Department and the Chief of the Fire Department with the approval of the City Council. 4. Supervise the Chief of the Police Department and Chief of the Fire Department, including their suspension or discharge as the occasion requires. Such supervision shall not be subject to approval of the City Council. 5. Appoint or employ persons to occupy positions for which no other method of appointment is provided by state law or this Charter. 6. Supervise the administration of the City personnel system, including the determination of the compensation of all City employees appointed by the City Manager subject to this Code or this Charter. Page 8 The following is a clean copy of the Iowa City Charter amended as proposed. 7. Supervise the performance of all contracts for work to be done for the City, supervise all purchases of materials and supplies, and assure that such materials and supplies are received and are of specified quality and character. 8. Supervise and manage all public improvements, works and undertakings of the City, and all City -owned property including buildings, plants, systems, and enterprises, and have charge of their construction, improvement, repair, and maintenance except where otherwise provided by state law. 9. Supervise the making and preservation of all surveys, maps, plans, drawings, specifications and estimates for the City. 10. Provide for the issuance and revocation of licenses and permits authorized by state law or City ordinance and cause a record thereof to be maintained. 11. Prepare and submit to the Council the annual budgets in the form prescribed by state law. 12, Provide the Council an itemized written monthly financial report. 13. Attend Council meetings and keep the Council fully advised of the financial and other conditions of the City and its needs. 14. See that the business affairs of the City are transacted in an efficient manner and that accurate records of all City business are maintained and made available to the public, except as otherwise provided by state law. 15. Provide necessary and reasonable clerical, research, and professional assistance to boards within limitations of the budget. 16. Perform such other and further duties as the Council may direct. (Ord. 05-4152, 3-1-2005) B. The City Manager, in performing the foregoing duties, may: 1. Present recommendations and programs to the Council and participate in any discussion by the Council of any matters pertaining to the duties of the City Manager. 2. Cause the examination and investigation of the affairs of any department or the conduct of any employee under supervision of the City Manager. 3. Execute contracts on behalf of the City when authorized by the Council. (Ord. 85- 3227, 3-12-1985) Section 4.05. Ineligibility-, Pr hi ited Acts. Except for the exercise of the right to vote, the City Manager shall not take part in any election of Council members. This prohibition shall in no way limit the City Manager's duty to make available public records as provided by state law or this Charter. (Ord. 76-2792, 1- 2-1976) Page 9 The following is a clean copy of the Iowa City Charter amended as proposed. ARTICLE V. BOARDS, COMMISSIONS AND COMMITTEES Section 5.01. Establishment. A. With the exception of the Community Police Review Board, the Council may establish boards in addition to those required by state law and shall specify the title, duties, length of term, qualifications of members and other appropriate matters. The Council shall consider the available demographics of board and commission members and applicants in making 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 Police Review Board, which shall have vested in it the following minimum powers: 1. To hold at least one community forum each year for the purpose of hearing views on the policies, practices, and procedures of the Iowa City Police Department; and 2. To make recommendations regarding such policies, practices, and procedures to the City Council; 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) ection 5.02. ADnointment. Remo The Council shall, subject to the requirements of state law, seek to provide broad representation on all boards. The Council shall establish procedures to give at least thirty days' notice of vacancies before they are Filled and shall encourage applications by residents. Council procedures for the removal of members shall be consistent with state law. (Ord. 05-4152, 3-1-2005; amd. Ord. 15-4621, 5-19-2015) Section 5.03. Rules. A. The Council shall establish rules and procedures for the operation of all boards, which must include but are not limited to, the adoption of by-laws and rules pertaining to open meetings and open records. (Ord. 05-4152, 3-1-2005) B. The Council shall specify, for each board, methods for informal and formal communication with Council, time schedules for the completion of reports requested by Council and such rules as it deems appropriate. C. Aboard may establish additional rules and procedures that are consistent with state law, Council rules, and this Charter. (Ord. 76-2792, 1-2-1976) Page 10 The following is a clean copy of the Iowa City Charter amended as proposed. ARTICLE VI. CAMPAIGN CONTRIBUTIONS AND EXPENDITURES Section 6.01. Limitations on the Amount of Campaign Contributions. The Council, by ordinance, shall prescribe limitations on the amount of campaign contributions made to a candidate for election to Council by a person as defined in this Charter. (Ord. 95-3671, 3-28-1995) Section 6.02. Disclosure of Contributions and Expenditures. The Council, by ordinance, may prescribe procedures requiring the disclosure of the amount, source and kind of contributions received and expenditures made by (1) each candidate for election to Council and (2) any and all other persons, for the purpose of aiding or securing the candidate's nomination or election. (Ord. 05-4152, 3-1-2005) Section 6.03. Definition. Within this article "contribution" shall be defined as that term is defined in chapter 68A ("campaign finance") of the Code of Iowa. (Ord. 05-4152, 3-1-2005; amd. Ord. 15-4621, 5- 19-2015) Sectia .04. Violations. The Council, by ordinance, shall prescribe: (1) penalties for the violation of the contribution limitations and disclosure requirements it establishes pursuant to this Section; and (2) when appropriate, conditions for the revocation of a candidate's right to serve on Council if elected, consistent with state law. (Ord. 05-4152, 3-1-2005) ARTICLE VII. INITIATIVE AND REFERENDUM Section 7.01. General Provisions. A. Authority. 1. Initiative. The eligible electors have the right to propose measures to the Council and, if the Council fails to adopt a measure so proposed without any change in substance, to have the measure submitted to the voters at an election. 2. Referendum. The eligible electors have the right to require reconsideration by the Council of an existing measure and, if the Council fails to repeal such measure, to have it submitted to the voters at an election. 3. Definition. Within this article, "measure" means all ordinances, amendments, resolutions or motions of a legislative nature, however designated, which (a) are of a permanent rather than temporary character and (b) include a proposition enacting, amending or repealing a new or existing law, policy or plan, as opposed to one providing for the execution or administration of a law, policy or plan already enacted by Council. Page 11 The following is a clean copy of the Iowa City Charter amended as proposed. 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 City budget. c. The appropriation of money. d. The levy of taxes or special assessments. e. The issuance of general obligation and revenue bonds. f. The letting of contracts. g. Salaries of City employees. h. Any measure required to be enacted by state or federal law. i. Amendments to this Charter. j. Amendments affecting the City zoning ordinance or the land use maps of the comprehensive plan, including the district plan maps. k. Public improvements subsequent to City Council action to authorize acquisition of property for that public improvement, or notice to bidders for that public improvement, whichever occurs earlier. "Public improvement" shall mean any building or construction work. 2. Resubmission. No initiative or referendum petition shall be filed within two years after the same measure or a measure substantially the same has been submitted to the voters at an election. 3. Council Repeal, Amendment and Reenactment. No measure proposed by initiative petition and adopted by the vote of the Council without submission to the voters, or adopted by the voters pursuant to this article, may for two years thereafter be repealed or amended except by a vote of the people, unless provision is otherwise made in the original initiative measure. No measure referred by referendum petition and repealed by the vote of the Council without submission to the voters, or repealed by the voters pursuant to this article, may be reenacted for two years thereafter except by vote of the people, unless provision is otherwise made in the original referendum petition. C. Construction. 1. Scope of Power. It is intended that this article confer broad initiative and referendum powers upon the eligible electors of the City. Page 12 The following is a clean copy of the Iowa City Charter amended as proposed. 2. Initiative. It is intended that (a) no initiative petition will be invalid because it repeals an existing measure in whole or in part by virtue of proposing a new measure and (b) an initiative petition may amend an existing measure. 3. Referendum. It is intended that a referendum petition may repeal a measure in whole or in part. D. Effect of Filing Petition. The filing of an initiative or referendum petition does not suspend or invalidate any measure under consideration. Such measure shall remain in full force and effect until its amendment or repeal by Council pursuant to Section 7.05A or until a majority of the qualified electors voting on a measure vote to repeal or amend the measure and the vote is certified. E. City Obligations. An initiative or referendum vote which repeals an existing measure in whole or in part does not affect any obligations entered into by the City, its agencies or any person in reliance on the measure during the time it was in effect. (Ord. 15-4621, 5-19- 2015) Section 7.02. Commencement of 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 City Clerk an affidavit stating they will supervise the circulation of the petition and will be responsible for filing it in proper form, stating their names and addresses and specifying the address to which all relevant notices are to be sent, and setting out in full the proposed initiative measure or citing the measure sought to be reconsidered. B. Affidavit. The City Clerk shall accept the affidavit for filing if on its face it appears to have signatures of one or more qualified electors. The City Clerk shall issue the appropriate petition forms to the petitioners the same day the affidavit is accepted for filing. The City Clerk shall cause to be prepared and have available to the public, forms and affidavits suitable for the commencement of proceedings and the preparation of initiative and referendum petitions. (Ord. 05-4152, 3-1-2005) Section 7.03. Petitions; Revocation of Signatures. A. Number of Signatures. Initiative and referendum petitions must be signed by eligible electors equal in number to at least ten percent (10%) of the number of persons who voted in the last regular City election, but such signatures of eligible electors shall be no fewer than ten. (Res. 16-258, 8-29-2016)[November 2016 Special Election] B. Form and Content. All papers of a petition prepared for filing must be substantially uniform in size and style and must be assembled as one instrument. Each person signing shall provide, and the petition form shall provide space for, the signature, printed name, address of the person signing and the date the signature is executed. Petitions prepared for circulation must contain or have attached thereto throughout their circulation the full text of the measure proposed or sought to be reconsidered. The petition filed with the City Clerk need have attached to it only one copy of the measure being proposed or referred. Page 13 The following is a clean copy of the Iowa City Charter amended as proposed. C. Affidavit of Circulator. Each paper of a petition containing signatures must have attached to it when filed an affidavit executed by an eligible elector certifying: the number of signatures on the paper, that the elector personally circulated it, that all signatures were affixed in the elector's presence, that the elector believes them to be genuine signatures of the persons whose names they purport to be and that each signer had an opportunity before signing to read the full text of the measure proposed or sought to be reconsidered. Any person filing a false affidavit will be liable to criminal penalties as provided by state law. D. Time for Filing Initiative Petitions. Signatures on an initiative petition must be secured and the petition filed within six months after the date the affidavit required under Section 7.02A was filed. E. Time for Filing Referendum Petitions. Referendum petitions may be filed within sixty days after final adoption by the Council of the measure sought to be reconsidered, or subsequently at any time more than two years after such final adoption. The signatures on a referendum petition must be secured during the sixty days after such final adoption; however, if the petition is filed more than two years after final adoption, the signatures must be secured within six months after the date the affidavit required under Section 7.02A was filed. F. Revocation of Signature. Prior to the time a petition is filed with the City Clerk, a signatory may revoke their signature for any reason by filing with the City Clerk a statement of their intent to revoke their signature. After a petition is filed a signatory may not revoke their signature. The City Clerk shall cause to be prepared and have available to the public, forms suitable for the revocation of petition signatures. (Ord. 15-4621, 5-19- 2015) Section 7.04. Procedure after Filine. A. Validity of a Petition. A petition is valid if it contains the minimum required signatures by eligible electors in the required form and with the required content and accompanied by the affidavit of circulator as set forth in Section 7.03. The petition shall be examined by the City Clerk before it is accepted for filing. If the petition appears valid on its face it shall be accepted for filing. If it lacks the required number of signatures it shall be considered invalid and returned to the petitioners. Petitions which have been accepted for filing are valid unless written objections are filed with the City Clerk within five working days after the petition is received. B. Hearing on Objections; Objections Committee. Written objections timely filed with the City Clerk shall be considered by an objections committee made up of the Mayor and City Clerk and one member of the Council chosen by the Council by ballot, and a majority decision shall be final. The hearing on the objections shall be held within ten days of receipt of the objections. C. Court Review. To the extent allowed by law, court review of the Objections Committee's actions shall be by writ of certiorari. (Ord. 15-4621, 5-19-2015) Page 14 The following is a clean copy of the Iowa City Charter amended as proposed. Section 7.05. Action on PetitiQns. A. Action by Council. When an initiative or referendum petition has been determined valid, the Council shall promptly consider the proposed initiative measure or reconsider the referred measure. If the Council fails to adopt a proposed initiative measure and fails to adopt a measure which is similar in substance within sixty days, or if the Council fails to repeal the referred measure within thirty days after the date the petition was finally determined valid, it shall submit the proposed or referred measure to the qualified electors of the City as hereinafter prescribed. If at any time more than thirty days before a scheduled initiative or referendum election the Council adopts the proposed initiative measure or adopts a measure which is similar in substance or if the Council repeals a referred measure, the initiative or referendum proceedings shall terminate and the proposed or referred measure shall not be submitted to the voters. B. Submission to Voters. 1. Initiative. If required by this section, the vote of the City on a proposed measure shall be held at the first legally permissible election date more than forty days after the expiration of the sixty day period provided for consideration in Section 7.05A, provided that the initiative petition was filed no fewer than 80 days prior to the deadline imposed by state law for the submission of ballot questions to the Commissioner of Elections. 2. Referendum. If required by this section, the vote of the City on a referred measure shall be held at the first legally permissible election date more than forty days after the expiration of the thirty day period provided for reconsideration in Section 7.05A, provided that the referendum petition was filed no fewer than 50 days prior to the deadline imposed by state law for the submission of ballot questions to the Commissioner of Elections. The Council may provide for a special referendum election on a referred measure any time more than 120 days after the filing of the referendum petition with the City Clerk. C. Ballot. Copies of the proposed or referred measure shall be made available to the qualified electors at the polls and shall be advertised at the City's expense in the manner required for "questions" in section 376.5 of the Iowa Code. The subject matter and purpose of the referred or proposed measure shall be indicated on the ballot. (Ord. 15-4621, 5-19- 2015) Section 7.06. Results of Election. A. Initiative. If a majority of the qualified electors voting on a proposed initiative measure vote in its favor, it shall be considered adopted upon certification of the election results. The adopted measure shall be treated in all respects in the same manner as measures of the same kind adopted by the Council, except as provided in Section 7.01B(3). If conflicting measures are approved by majority vote at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. Page 15 The following is a clean copy of the Iowa City Charter amended as proposed. B. Referendum. If a majority of the qualified electors voting on a referred measure vote in favor of repealing the measure, it shall be considered repealed upon certification of the election results. (Ord. 15-4621, 5-19-2015) Section 7.07. Prohibition on Establishment of Stricter Conditions or Rea u i rem ents. The Council shall not set, except by Charter amendment, conditions or requirements affecting initiative and referendum. (Ord.15-4621, 5-19-2015) ARTICLE VIII. CHARTER AMENDMENTS AND REVIEW Section 8.01. Charter Amendments. This Charter may be amended only by one of the following methods: A. The Council, by resolution, may submit a proposed amendment to the voters at the first legally permissible election date consistent with Section 7.05 (B) of this Charter, and the proposed amendment becomes effective when approved by a majority of those voting. B. The Council, by ordinance, may amend the Charter. However, within thirty (30) days of publication of the ordinance, if a petition valid under the provisions of section 362.4 of the Code of Iowa is filed with the Council, the Council must submit the amending ordinance to the voters at the first legally permissible election date consistent with Section 7.05(B) of this Charter, and the amendment does not become effective until approved by a majority of those voting. C. Petitions. 1. Action by Council. If a petition valid under the provisions of section 362.4 of the Code of Iowa is filed with the Council proposing an amendment to the Charter, the Council shall promptly consider the proposed amendment. If the Council fails to adopt a proposed amendment which is similar in substance within sixty days, it shall submit the proposed amendment to the qualified electors of the City as hereinafter prescribed. If at any time more than thirty days before the scheduled election the Council adopts a proposed amendment which is similar in substance, the amendment proceedings shall terminate and the proposed amendment shall not be submitted to the voters. 2. Amendment. If required by this section, the vote of the City on the proposed amendment shall be held at the first legally permissible election date consistent with Section 8.01(C) (1) of this Charter, and the amendment becomes effective if approved by a majority of those voting. (Ord. 05-4152, 3-1-2005) 3. Ballot. Copies of the proposed amendment shall be made available to the qualified electors at the polls and shall be advertised at the City's expense in the manner required for "questions" in section 376.5 of the Iowa Code. The subject matter and purpose of the proposed amendment shall be indicated on the ballot. Page 16 The following is a clean copy of the Iowa City Charter amended as proposed. Section . 2. barter Review Commissn. The Council, using the procedures prescribed in Article V, shall establish a Charter Review Commission at least once every ten years following the effective date of this Charter. The Commission, consisting of at least nine members, shall review the existing Charter and may, within twelve months recommend any Charter amendments that it deems fit to the Council. The Council shall either exercise its power of amendment pursuant to Section 8.01B of the Charter on a matter recommended by the Commission or submit such amendments to the voters in the form prescribed by the Commission, and an amendment becomes effective when approved by a majority of those voting. (Ord. 05-4152, 3-1-2005) CHARTER COMPARATIVE TABLE The Home Rule Charter is set out in this volume as adopted by the voters on November 15, 1973, and by ordinance 76-2792, on January 2, 1976. The following table shows the disposition of amendments to the Charter: Ordinance Date Disposition Number 77-2826 3-15- 6.01 1977 77-2858 9-6- 7.05B 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 6.0 4, 7.0 1 - 7.0 5, 8.0 1, 8. 0 2 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- 2.06B, 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 Page 17 The following is a clean copy of the Iowa City Charter amended as proposed. 15-4621 Petition 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 11- 7.03A 2016 Page 18 r,® CITY OF IOWA CITY 1 �Efi �"' M EMORAN DU M Date: December 26, 2024 To: Mayor and City Council From: Kellie Grace, City Clerk Re: Charter Review Commission Members 1973 to present Charter Review Commission Chair Balmer asked to have the attached list distributed to Council members. Ori inal Charter Commission 1973 Chair William Meardon Vice Chair Patricia Cain David Baldus Dale Welt (replaced Llyod Berger) Robert Corrigan Penny Davidsen Brad DeCounter James Knight Clayton Ringgenberg Charter Review Commission 1994 Chair John Balmer Patricia Cain Penny Davidsen Gary Goodwin Barry Matsumoto Joel Mintzer Clayton Ringgenberg Glenn Roberts Dale Welt Charter Review Commission 1994 Chair A. John McDonald Patt Cain Paul Egli Mary Geasland Jeff McCullough Kathy Penningroth Clayton Ringgenberg Anne Marie Rhodes Craig Willis Charter Review Commission 2004 Chair William Sueppel Andy Chappell Penny Davidsen John Balmer (replaced by Nate Green) Karen Kubby Vicki Lensing Naomi Novick Lynn Rowat Kevin Werner Charter Review Commission 2014 Chair Andy Chappell Steve Atkins Karrie Craig Karen Kubby Mark Schantz Melvin Shaw Anna Moyers Stone Adam Sullivan Dee Vanderhoef Charter Review Commission 2024 Chair John Balmer Susan Craig John Deeth Gerene Denning Mackenzie DeRoo Matt Hayek Vice Chair Molly Kucera Bijou Maliabo Jennifer Patel Prepared by: Eric R. Goers, City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 Ordinance No. 25-4947 Ordinance amending the Iowa City Charter as recommended by the Charter Review Commission. Whereas, the Iowa City Charter provides for the establishment of a Charter Review Commission at least once every ten years; and Whereas, on January 2, 2024 by Resolution No. 24-12 the City Council established a nine -member Commission to review the Charter with a term beginning April 1, 2024 and ending no later than April 1, 2025; and Whereas, the Charter Review Commission met sixteen times to review the Charter, including two Community Forums, invited and welcomed public comment and input at all of their meetings, and encouraged the public to participate in their work at every opportunity; and Whereas, the Charter Review Commission submitted its recommendations to the Council by written report dated December 17, 2024; and Whereas, attached to the Charter Review Commission's Report is both a red -lined version of the Charter and a clean copy showing the amended Charter in the event Council adopts all changes proposed; and Whereas, the Charter requires that the City Council either adopt each Commission recommendation by ordinance or submit it to the voters; and Whereas, most of the changes are non -substantive, involving changes to capitalization and other minor grammatical matters; and Whereas, the substantive matters are addressed in the Charter Review Commission's report; and Whereas, it is in the best interest of the City to adopt said recommendations by ordinance. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I. Amendments. The Iowa City Charter is amended by deleting it in its entirety and substituting the following in lieu thereof: [All proposed changes are reflected in red text. & i*e-through font represents text the Commission proposes to delete, underlined font represents text the Commission proposes to add, and font represents text the Commission proposed adding to the Charter, but later reconsidered and deleted.] IOWA CITY CHARTER Preamble Definitions Article I. Powers 9of Tthe City § 1.01. Powers 9of Tthe City. § 1.02. Construction. § 1.03. Savings Clause. Article II. City Council § 2.01. Composition. § 2.02. Division linto Council Districts. § 2.03. Eligibility. Ordinance No. 25-4947 Page 2 § 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. § 4.03. Absence; Disability Gof City Manager. § 4.04. Duties 9of 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 tThe Amount 9of Campaign Contributions. § 6.02. Disclosure 9of Contributions Aand Expenditures. § 6.03. Definition. § 6.04. Violations. Article VII. Initiative Aand Referendum § 7.01. General Provisions. § 7.02. Commencement 9of Proceedings, Affidavit. § 7.03. Petitions; Revocation 9of Signatures. § 7.04. Procedure Aafter Filing. § 7.05. Action Son Petitions. § 7.06. Results 9of Election. § 7.07. Prohibition Son Establishment 9of Stricter Conditions Gor Requirements. Article VII I. Charter Amendments Aand Review § 8.01. Charter Amendments. § 8.02. Charter Review Commission. Notes 1. The home rule eCharter of the GCity, 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. PREAMBLE We, the people of Iowa City, Iowa, pursuant to the constitution and statutes of the 6State 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 GCharter 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 strong994tfGa4 leadership public engagement diversity and inclusiveness, regional cooperation and faif and 8#8GtiVe stewardship of our unique environment. Furthermore, adoption of this Charter recognizes the following principles: Ordinance No. 25-4947 Page 3 1. Resident participation on an equitable and inclusive basis as part of the process of *�-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 -.City business in conformity with the principles 94RGipals and practices of due process, equal protection under the laws, and protection of theseindividual liberties pF9teGte4qranted by the -.Constitution of the United States, by the sState of Iowa, and by local ordinances. 4. Civility and responsiveness by -.City employees in their interactions with the public. (Ord. 15-4621, 5-19-2015) DEFINITIONS As used in this sCharter: 1. "City" means the -.City of Iowa City, Iowa. 2. "City -.Council" or "-.Council" means the governing body of the -.City. 3. "Council member" means a member of the -.Council, including the mMayor. 4. "Shall" imposes a duty. 5. "Must" states a requirement. 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 9of Tthe City. The -.City flaws -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 -.City 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 -.Charter, 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 -.Charter. (Ord. 76-2792, 1-2- 1976) ARTICLE II. CITY COUNCIL Section 2.01. Composition. The -.City -.Council consists of seven members. As provided in aArticle III, four, to be known as -.Council members at: --large, are to be nominated by eligible electors of the -.City at= large, and three, to be known Ordinance No. 25-4947 Page 4 as district GCouncil 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 GCouncil members shall be elected by the qualified electors of the eCity at -large. (Ord. 85-3273, 12-17-1985) Section 2.02. Division Into Council Districts. The GCouncil, by ordinance, shall divide the eCity into three GCouncil districts of substantially equal population. These districts are to be designated as eCouncil dDistrict A, GCouncil dDistrict B, and GCouncil dDistrict C. (Ord. 76-2792, 1-2-1976) Section 2.03. Eligibility. To be eligible to be elected to and to retain a GCouncil position, a person must be an eligible elector of Iowa City, and if seeking or elected to represent a GCouncil district, must be an eligible elector of that GCouncil district. (Ord. 05-4152, 3-1-2005) Section 2.04. Terms. At the first election under this eCharter, all seven GCouncil-members are to be elected; the GCouncil member from GCouncil dDistrict A, GCouncil 4District C, and the two GCouncil-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 GCouncil-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 GCouncil, by ordinance, shall prescribe the compensation of the FRMayor and the other eCouncil members. The GCouncil 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) Section 2.06. Mayor. A. Immediately following the beginning of the terms of GCouncil_ members elected at the regular eCity election, the GCouncil shall meet and elect from among its members the TnMayor 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 eCouncil, the official representative of the eCity, presiding officer of the GCouncil and its policy spokesperson. The mMayor may add items to the eCity eCouncil agenda. The aRMayor 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 TnMayor pFro Jem shall act as mMayor during the absence of the MMayor. (Ord. 85-3227, 3- 12-1985) Section 2.07. General Powers Aand Duties. All powers of the eCity are vested in the GCouncil, except as otherwise provided by state law or this eCharter. (Ord. 85-3227, 3-12-1985) Section 2.08. Appointments. A. The GCouncil shall appoint the eCity Manager. B. The GCouncil shall appoint the eCity sClerk. (Ord. 85-3227, 3-12-1985) C. The GCouncil 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 (Council. BE. The GCouncil shall appoint all members of the eCity's boards, except as otherwise provided by state law. (Ord. 85-3227, 3-12-1985) F. The GCouncil 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 Gity GOLIRGil and Gity manageF 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) Ordinance No. 25-4947 Page 5 Section 2.09. Rules: Records. The GCouncil 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 GCouncil shall fill a vacancy occurring in an elective GCity 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 GCouncil except as otherwise provided by state law. (Ord. 05-4152, 3-1-2005) Section 2.12. Prohibitions. A. A GCouncil member may not hold any other GCity office or be a GCity employee or elected county official while serving on the GCouncil nor hold any remunerated GCity office or employment for at least one year after leaving the GCouncil. (Ord. 76-2792, 1-2-1976) B. 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 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. under-ag8F. (QFd.-76 2792, 4 2 197-6) 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 GCouncil district may become a candidate for a GCouncil district seat by filing with the Johnson County GCommissioner of eElections a valid petition requesting that his eF her their name be placed on the ballot for that office. Unless otherwise provided by state law, the petition must be filed not more than eighty-five (85) days nor tess 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 GCity election, but not less -fewer than ten (10) persons. B. An eligible elector of the GCity may become a candidate for an at -large GCouncil seat by filing with the Johnson County GCommissioner 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 GCity election, but not aess-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 GCouncil district seat, a primary election must be held for that seat with only the qualified electors of that GCouncil 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 GCity election as candidates for that GCouncil seat. (Ord. 05-4152, 3-1-2005) Ordinance No. 25-4947 Page 6 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 GCouncil, 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 GCity election, each GCouncil district seat up for election shall be listed separately on the ballot and only the names of candidates nominated from that GCouncil district shall be listed on the ballot as candidates for that seat. However, all qualified electors of the GCity shall be entitled to vote for each candidate. The three GCouncil district seats shall be designated on the ballot as GCouncil dDistrict A, GCouncil dDistrict B and GCouncil dDistrict C and each shall be elected at: --large. B. The at_ large GCouncil seats shall be designated on the ballot as such. (Ord. 85-3227, 3-12-1985) ARTICLE IV. CITY MANAGER Section 4.01. Appointment; Qualifications. In appointing a GCity mManager, the GCouncil shall consider only the qualifications and fitness of the person without regard to political or other affiliation. During #ts�their tenure the GCity Manager shall reside within the GCity. (Ord. 76-2792, 1-2-1976) Section 4.02. Accountability; Removal. A. The GCity mManager is under the direction and supervision of the GCouncil and holds office at its pleasure. A GCity mManager removed by the GCouncil is entitled to receive termination pay as provided by contract. (Ord. 15-4621, 5-19-2015) B. Upon the resignation or removal of the GCity mManager, the GCouncil shall appoint an individual qualified to perform the duties of GCity mManager to serve at the pleasure of GCouncil or until a GCity mManager is appointed. (Ord. 76-2792, 1-2-1976) Section 4.03. Absence; Disability 9of City Manager. The GCity Manager may designate a qualified cCity employee as acting GCity mManager to perform #is erher-their duties during a temporary absence or disability. If the GCity mManager does not make such a designation, the GCouncil shall appoint a qualified GCity employee to perform the duties of the GCity mManager until hp ershe they returns. (Ord. 76-2792, 1-2-1976) Section 4.04. Duties 9of City Manager. A. The GCity mManager shall be chief administrative officer of the GCity and shall: (1.4 eEnsure that the laws of the GCity are executed and enforced. �2.) Supervise and direct the administration of GCity government and the official conduct of employees of the GCity appointed by the GCity mManager including their employment, training, reclassification, suspension, or discharge as the occasion requires, subject to state law. {3.) Appoint the GChief of the pPolice dDepartment and the GChief of the (Fire dDepartment with the approval of the GCity GCouncil. 0.) Supervise the GChief of the pPolice dDepartment and GChief of the #Fire dDepartment, including their suspension or discharge as the occasion requires. Such supervision shall not be subject to approval of the GCity GCouncil. f5.) Appoint or employ persons to occupy positions for which no other method of appointment is provided by state law or this GCharter. {6.4 Supervise the administration of the GCity personnel system, including the determination of the compensation of all GCity employees appointed by the GCity mManager subject to state law this Code or this GCharter. f7.3 Supervise the performance of all contracts for work to be done for the GCity, supervise all purchases of materials and supplies, and assure that such materials and supplies are received and are of specified quality and character. 0.4 Supervise and manage all public improvements, works and undertakings of the GCity, and all GCity-owned property including buildings, plants, systems, and enterprises, and have charge of their Ordinance No. 25-4947 Page 7 construction, improvement, repair, and maintenance except where otherwise provided by state law. k9.3 Supervise the making and preservation of all surveys, maps, plans, drawings, specifications and estimates for the -.City. k10.4 Provide for the issuance and revocation of licenses and permits authorized by state law or -.City ordinance and cause a record thereof to be maintained. F11.4 Prepare and submit to the -.Council the annual budgets in the form prescribed by state law. {12.4 Provide the sCouncil an itemized written monthly financial report. {13.4 Attend eCouncil meetings and keep the eCouncil fully advised of the financial and other conditions of the -.City and its needs. f14.4 See that the business affairs of the -.City are transacted in an efficient manner and that accurate records of all -.City business are maintained and made available to the public, except as otherwise provided by state law. k15.4 Provide necessary and reasonable clerical, research, and professional assistance to boards within limitations of the budget. f16.4 Perform such other and further duties as the -.Council may direct. (Ord. 05-4152, 3-1-2005) B. The -.City mManager, in performing the foregoing duties, may: 41.3 Present recommendations and programs to the GCouncil and participate in any discussion by the -.Council of any matters pertaining to the duties of the -.City Manager. k2.4 Cause the examination and investigation of the affairs of any department or the conduct of any employee under supervision of the -.City mManager. {3.} Execute contracts on behalf of the -.City when authorized by the -.Council. (Ord. 85-3227, 3- 12-1985) Section 4.05. Ineligibility; Prohibited Acts. Except for the exercise of the right to vote, the -.City mManager shall not take part in any election of eCouncil_ members. This prohibition shall in no way limit the -.City 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 (Review bBoard, the -.Council may establish boards in addition to those required by state law and shall specify the title, duties, length of term, qualifications of members and other appropriate matters. The Council shall consider the available demographics of board and commission members and applicants in making themappointments 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 dDepartment; and 2. To make recommendations regarding such policies, practices, and procedures to the -.City eCouncil; and 3. To investigate claims of misconduct by sworn police officers and to issue independent reports of its findings to the -.City 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) Ordinance No. 25-4947 Page 8 Section 5.03. Rules. A. The GCouncil 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 GCouncil shall specify, for each board, methods for informal and formal communication with GCouncil, time schedules for the completion of reports requested by GCouncil and such rules as it deems appropriate. C. A board may establish additional rules and procedures that are consistent with state law, GCouncil rules, and this GCharter. (Ord. 76-2792, 1-2-1976) ARTICLE VI. CAMPAIGN CONTRIBUTIONS AND EXPENDITURES Section 6.01. Limitations Oon Tthe Amount Oof Campaign Contributions. The eCouncil, by ordinance, shall prescribe limitations on the amount of campaign contributions made to a candidate for election to GCouncil by a person as defined in this GCharter. (Ord. 95-3671, 3-28-1995) Section 6.02. Disclosure Oof Contributions Aand Expenditures. The GCouncil, 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 GCouncil 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 GCode of Iowa. (Ord. 05-4152, 3-1-2005; amd. Ord. 15-4621, 5-19-2015) Section 6.04. Violations. The GCouncil, 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 GCouncil if elected, consistent with state law. (Ord. 05- 4152, 3-1-2005) ARTICLE VII. INITIATIVE AND REFERENDUM Section 7.01. General Provisions. A. Authority. F1.3 Initiative. The eligible electors have the right to propose measures to the GCouncil and, if the GCouncil 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 GCouncil of an existing measure and, if the GCouncil fails to repeal such measure, to have it submitted to the voters at an election. �3.3 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 GCouncil. B. Limitations. f1.) Subject Matter. The right of initiative and referendum shall not extend to any of the following: 0.) Any measure of an executive or administrative nature, including, but not limited to, personnel decisions. ¢b.) The GCity budget. fc.3 The appropriation of money. 0.) The levy of taxes or special assessments. fie) The issuance of general obligation and revenue bonds. Ordinance No. 25_4947 Page 9 (f 4 The letting of contracts. (g) Salaries of eCity employees. (h) Any measure required to be enacted by state or federal law. 0.4 Amendments to this eCharter. {j.4 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 improvement, whichever occurs earlier. "Public improvement' shall mean any building or construction work. �2.4 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. f3,4 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. {1,4 Scope 9of Power. It is intended that this article confer broad initiative and referendum powers upon the eligible electors of the eCity. �2.4 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. f3.4 Referendum. It is intended that a referendum petition may repeal a measure in whole or in part. D. Effect 9of 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 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 eCity, 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 9of 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 sClerk 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 sClerk shall accept the affidavit for filing if on its face it appears to have signatures of one or more qualified electors. The eCity sClerk shall issue the appropriate petition forms to the petitioners the same day the affidavit is accepted for filing. The eCity sClerk 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 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 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 Ordinance No. 25-4947 Page 10 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 sCty eClerk need have attached to it only one copy of the measure being proposed or referred. C. Affidavit 9of 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 the elector personally circulated it, that all signatures were affixed in his or her +heir the elector's presence, that the elector believers them to be genuine signatures of the persons whose names they purport to be and that each signer had an opportunity before signing to read the full text of the measure proposed or sought to be reconsidered. Any person filing a false affidavit will be liable to criminal penalties as provided by state law. D. Time €for Filing Initiative Petitions. Signatures on an initiative petition must be secured and the petition filed within six months after the date the affidavit required under sSection 7.02A was filed. E. Time for Filing Referendum Petitions. Referendum petitions may be filed within sixty days after final adoption by the eCouncil of the measure sought to be reconsidered, or subsequently at any time more than two years after such final adoption. The signatures on a referendum petition must be secured during the sixty days after such final adoption; 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 9of Signature. Prior to the time a petition is filed with the c-City sClerk, a signatory may revoke his eF heFtheir signature for any reason by filing with the sCty sClerk a statement of has eF her their intent to revoke his er hAr their signature. After a petition is filed a signatory may not revoke hir, er 4e�their signature. The eCity sClerk 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 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 sSection 7.03. The petition shall be examined by the eCity 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 eCity eClerk within five working days after the petition is received. B. Hearing Son Objections; Objections Committee. Written objections timely filed with the eCity eClerk shall be considered by an objections committee made up of the MMayor 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 eObjections eCommittee's actions shall be by writ of certiorari. (Ord. 15-4621, 5-19-2015) Section 7.05. Action Son Petitions. A. Action Eby Council. When an initiative or referendum petition has been determined valid, the eCouncil shall promptly consider the proposed initiative measure or reconsider the referred measure. If the eCouncil fails to adopt a proposed initiative measure and fails to adopt a measure which is similar in substance within sixty days, or if the eCouncil fails to repeal the referred measure within thirty days after the date the petition was finally determined valid, it shall submit the proposed or referred measure to the qualified electors of the eCity as hereinafter prescribed. If at any time more than thirty days before a scheduled initiative or referendum election the eCouncil adopts the proposed initiative measure or adopts a measure which is similar in substance or if the eCouncil repeals a 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. _f1_4 Initiative. If required by this section, Tthe vote of the eCity on a proposed measure shall be held at the first legally permissible election date more than forty days after the expiration of the sixty day period provided for consideration in Ordinance No. 25-4947 Page 11 sSection 7.05A, provided that the initiative petition was filed no les fewer than 80 days prior to the deadline imposed by state law for the submission of ballot questions to the sCommissioner of eElections. —f2_4 Referendum. If required by this section, Tthe vote of the sCty on a referred measure shall be held at the first legally permissible election date more than forty days after the expiration of the thirty day period provided for reconsideration in 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 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 eCity 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 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 sCouncil, except as provided in sSection 7.01 B(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 9of Stricter Conditions 9or Requirements. The eCouncil shall not set, except by sCharter amendment, conditions or requirements affecting initiative and referendum. (Ord. 15-4621, 5-19-2015) ARTICLE VII1. 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 the first legally permissible election date consistent with Section 7.05(B) of this Charter , and the proposed amendment becomes effective when approved by a majority of those voting. B. The sCouncil, by ordinance, may amend the sCharter. However, within thirty (30) days of publication of the ordinance, if a petition valid under the provisions of section 362.4 of the GCode of Iowa is filed with the sCouncil, the sCouncil must submit the amending ordinance to the voters at the first legally permissible election date consistent with Section 7.05(B) of this Charter , and the amendment does not become effective until approved by a majority of those voting. C. Petitions. 1. Action by Council. If a petition valid under the provisions of section 362.4 of the sCode of Iowa is filed with the sCouncil proposing an amendment to the sCharter, the Council shall promptly consider the proposed amendment. If the Council fails to adopt a proposed amendment which is similar in substance within sixty days it shall submit the proposed amendment to the qualified electors of the City as hereinafter prescribed. If at any time more than thirty days before the scheduled election the Council adopts a proposed amendment which is similar in substance, the amendment proceedings shall terminate and the proposed amendment shall not be submitted to the voters. 2. Amendment. If required by this section, the vote of the City on the proposed amendment shall be held t the first legally permissible Ordinance No. 25-4947 Page 12 election date consistent with Section 94 8.01(C)(1) of this Chartera G198Gial Gity 81GGtien, and the amendment becomes effective if approved by a majority of those voting. (Ord. 05-4152, 3-1-2005) ,73.Ballot. Copies of the proposed amendment shall be made available to the qualified electors at the polls and shall be advertised at the City's expense in the manner required for "questions" in section 376.5 of the Iowa Code. The subject matter and purpose of the proposed amendment shall be indicated on the ballot. Section 8.02. Charter Review Commission. The cCouncil, using the procedures prescribed in aArticle V, shall establish a cCharter FReview eCommission at least once every ten years following the effective date of this sCharter. The eCommission, consisting of at least nine members, shall review the existing eCharter and may, within twelve months recommend any cCharter amendments that it deems fit to the sCouncil. The cCouncil shall either exercise its power of amendment pursuant to sSection 8.01 B of the cCharter on a matter recommended by the eCommission or submit such amendments to the voters in the form prescribed by the eCommission, and an amendment becomes effective when approved by a majority of those voting. (Ord. 05-4152, 3-1-2005) Section Il. Repealer. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section IV. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 18thday of Februar yor Attest: L- -2, City dlerk 2025. Approved by zz - -, City Attorney' ice - 01 /16/2025 Ordinance No. 25-4947 Page 13 It was moved by Moe and seconded by Salih the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Alter x Bergus Vacant x Harmsen x Moe x Salih x Teague that First Consideration January 21, 2025 Vote for passage: AYES: Alter, Bergus, Harmsen, Moe, Salih, Teague NAYS: None ABSENT: None Second Consideration February 4, 2025 Vote for passage: AYES: Alter, Bergus, Harmsen, Moe, Salih, Teague NAYS: None ABSENT: None Date published February 27, 2025