HomeMy WebLinkAbout2024-10-24 Charter Review Commission (Revised)REVISED
CHARTER REVIEW COMMISSION
Tuesday, October 24, 2024
5:30 PM
Emma J. Harvat Hall, City Hall
410 East Washington Street
1. Call to Order and Roll Call
2. Adopt Draft Minutes as Presented or Amended
■ Draft minutes for 10/08/2024
3. Motion to Accept correspondence (if any)
4. Staff response to Commission questions previously posed
5. Review of City Charter: Section 2.06 Mayor
6. Review of City Charter: Section 2.02 Division into Council Districts
7. Voter Engagement
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8. Tentative Meeting Schedule — 2"d Tuesday and 4th Thursday @ 5:30 p.m., upcoming
tentative meeting dates as follows:
■ Tuesday, November 12 (Tentatively rescheduled to Thursday, November 7)
■ Monday, November 25
■ Tuesday, December 3
■ Tuesday, December 17
9. Community Comment
Charter Review Commissioners cannot engage in discussion or debate in accordance with
open meeting laws.
Individuals will be provided 3 minutes to speak. The Community Comment period will last
no more than 15 minutes. The Chair reserves the right to reduce the 3-minute period based
on the number of individuals desiring to speak.
Additional comments can be sent to the Charter Review Commission via ICCharter aa),iowa-
city.orq.
10. Adjournment
If you will need disability -related accommodations to participate in this program/event, please
contact Kellie Grace at 319-356-5041, kgrace@iowa-city.org. Early requests are strongly
encouraged to allow sufficient time to meet your access needs.
DRAFT
Minutes
Charter Review Commission
October 8, 2024 - 5:30 p.m.
Emma J. Harvat Hall, City Hall
Members Present: John Balmer, Susan Craig, John Deeth, Gerene Denning, Mackenzie
DeRoo, Matt Hayek, Molly Kucera, Bijou Maliabo, Jennifer Patel
Staff Present: City Attorney Goers, City Clerk Grace
(Videos of the meetings are available at citychannel4.com typically within 48 hours)
Recommendations to Council: to become effective only after separate Council action):
None
1. Call to order and roll call
2. Motion to adopt draft minutes as presented or amended
Moved by Patel, seconded by Craig to approve the August 28, September 10, and
September 28 draft minutes as presented. Motion carried 9-0.
3. Motion to Accept Correspondence
Moved by Hayek, seconded by Kucrea to accept correspondence from Christine
Schlotfelt, Syndy Conger, Deborah Schlegel, Cheryl Miller, Rod Sullivan, Jay
Honohan, Marian Karr, Karin Franklin, Anne Marie Kraus, Polly Horton, Jan Weaver,
Larry Baker and Karen Kubby. Motion carried 9-0.
4. Staff response to Commission questions previously posed regarding Article VIII
City Attorney Goers reviewed the memo included in the October 8th meeting packet which
responded to the items the Commission asked Goers to research at the August 28th
meeting.
(1) The first item was to draft language for Section 8.01 to mirror 7.05(B) and comply with
changes to State voter laws. City Attorney Goers informed the commission that the
timelines in Section 7.05(B) are lengthy and would need to be included three times in
Section 8.01. In addition, should any component of the timelines change in Section
7.05(B) in the future, someone would have to remember to also make those same
changes to the timelines in Section 8.01. Goers explained instead of listing the timelines,
he referenced directly back to Section 7.05(B) in Section 8.01 to shorten the language
and ensure future changes to Section 7.05(B) would automatically be mirrored in Section
8.01.
Commissioners agreed to the following language:
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 a
Charter Review Commission
October 08, 2024
Page 2
speGial _ , 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 sCode 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. 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 sCouncil must submit
the proposed amendment to the voters at the first legally permissible election date
consistent with Section 7.05(B) of this Charter _eIeGti0R, and the
amendment becomes effective if approved by a majority of those voting.
(2) The second item was to review the working draft and capitalize the "A" in "Article", the
"C"s in "Council" and "Charter", and the "S" in "Section" when referring to sections of the
Charter, but not of Iowa Code. City Attorney Goers stated those changes had been
made and would appear in the working draft available on the City website.
5. Review of City Charter: Use of "they" in Section 7.03 C — plural vs. sin ular
City Attorney Goers noted at the first public forum it was pointed out to him by a member of
the public that the use of the word, "they" in 7.03(C) may lead to the incorrect assumption
that each affidavit could be signed by more than one elector. Goers stated his proposal was
to change "they" to "the elector" because it needs to be an eligible elector who is doing the
certification and to avoid any confusion that there could be more than one person signing
the affidavit per paper.
Commissioners agreed to the following language:
Section 7.03. Petitions; Revocation 9of Signatures.
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 their -the elector's presence, that he of she they+ th
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.
Commissioner Hayek requested that the rest of the working document be checked to
confirm there are no other sections where the use of "they" would cause confusion between
singular and plural. Goers stated staff would review the document.
6. Review current roposed amendments to the City Charter
City Attorney Goers stated he had one matter to bring to the Commission's attention. Goers
noted correspondence from Karin Franklin, which was included in the October 8 meeting
packet and pointed out Section 2.12 Prohibitions. Goers reminded the Commission this was
Charter Review Commission
October 08, 2024
Page 3
the section that was reworked to ensure council members could not interfere with the
supervision of city employees with the exception of City Manager, City Attorney, and City
Clerk. Franklin's concern was regarding the last sentence of subsection B and the use of
"appointing authority" that may lead councilors think they should contact a supervisor
instead of the City Manager. Goers gave examples of this scenario.
Goers proposed the following language: With the exception of powers provided in Section
2.08, a Council member may not dictate, in any manner, the appointment or removal of any
City employee. However, the Council may express its views to the appointing authority
pe#aininn to the appointment ()r rarroyal of 6uc;h employee pertaining to the appointment or
removal of such employee to the Council appointee under whom the employee works.
Commissioner Craig thought that "Council appointee" may be confusing to some. Individual
Commission members discussed their views. City Attorney Goers provided additional
information. Commission members suggested naming the Council appointee positions at the
end of the sentence in parenthesis.
Commissioners agreed to the following language in Section 2.12(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 the appeirgiRg „,theFity pei4ain;Rg to the appointment GF F.,.,.,. val 9
SUGh emnln„oo pertaining to the appointment or removal Of such employee to the Council
appointee under whom the employee works. (City Manager. City Attorney. City Clerk)
Commissioner Hayek also referenced the correspondence from Karin Franklin which
mentions inconsistencies in Section 2.12(B) and (C). City Attorney Goers stated he spoke
with Franklin and the inconsistencies mentioned are the items the Commission had just
discussed.
Commissioner Patel asked for Ranked Choice Voting on the next agenda for discussion.
Individual Commission members expressed their views. City Attorney Goers provided
additional information. This item will be added to the October 24 meeting agenda as Voter
Engagement.
Commissioners walked through the Charter reviewing each section in the working draft as of
August 28, 2024. Denning asked for "unique environment" in the Preamble to be defined.
Individual Commission members expressed their views noting "unique environment" is
meant to be broader. City Attorney Goers provided additional information. Commissioners
agreed to leave the wording as is.
Commissioner Hayek asked for a grammar check in the Preamble, item 3, in the first
sentence and asked if "principals" should read "principles". Commissioners agreed the
language should read "principles".
Commissioner Hayek noted Section 2.08(D) reads "subject to approval of the City Council"
stating throughout the rest of the document City Council is referenced as the Council and
asked if "City" should be dropped. Commissioners agreed it the language should read
"subject to approval of the Council."
Commissioner Hayek asked if "making their appointments" in the addition in Section 5.01(A)
should read "making its appointments". Individual Commission members expressed their
Charter Review Commission
October 08, 2024
Page 4
views and agreed on removing the word "their' so the language reads "The Council shall
consider the available demographics of board and commission members and applicants in
makino agoointments in an effort to make a000intments reflective of the communitv."
7. Discuss Community Input Forums
Chair Balmer stated he thought the forums went well and the individuals who came and
spoke were informed and thanked them for taking the time to attend. Commissioner Craig
wanted to correct a statement made at the Saturday, September 28forum where an
individual commented that the districts had not changed in 50 years. Craig noted that the
boundaries change every 10 years based on the Census data. Commissioner Deeth
provided information on the process of changing the district boundaries. City Attorney
Goers provided additional information. Individual Commission members expressed their
views.
8. Review of City Charter: Section 2.02 Division into Council Districts
Chair Balmer and Commissioners went over the process if the consensus is not unanimous
noting that the split vote can be outlined in the report to the Council.
Chair Balmer suggested starting the discussion with Commissioner Denning's
correspondence dated September 26 regarding amending Article II, Section 2.01, addition of
non -voting student council member which was included in the October 8 meeting packet.
Commissioner Denning clarified it would be adding an ex officio council member. Individual
Commission members expressed their views. City Attorney Goers provided information
regarding University of Iowa Student Government liaisons. Vice Chair Kucera noted the
previous discussion of the definition of student which includes the University of Iowa,
Kirkwood Community College, and online students. Denning would like to recommend the
Council looking into Ames to see if their council finds it useful or valuable and how it works
to have an ex-officio member. The majority of Commissioners did not want to add a non-
voting ex-officio student council member.
Chair Balmer noted it was 6:30 PM and stated the item would be continued to the Thursday,
October 24 meeting.
9. Review -of City Charter: Section 2.06 Mayor
Item was continued to the Thursday, October 24 meeting.
10. Tentative Meeting Schedule
Commissioners discussed upcoming meeting dates. The commission agreed to the
following tentative schedule: October 24, November 25, December 3, and December 17.
The first November meeting is tentative for Tuesday, November 12. Commissioner DeRoo
noted she is unavailable on November 12. City Clerk Grace will check room availability and
work with the Commission for a date to replace the November 12 meeting.
11. Community Comment
No one appeared.
12. Adjournment:
Moved by Deeth, seconded by Maliabo to adjourn the meeting at 6:39 p.m. Motion
carried 9-0.
Charter Review Commission
October 08, 2024
Page 5
Charter Review Commission - 2024
ATTENDANCE RECORD
TERM
0
0
0
0
0
0
0
0
0
s
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00
00W
0
NAME
EXP.
co
co
N
A
N
a6
N
A
N
-N
N
-1�-
N
,A
N
06
N
06
N
N
N
N
X
John Balmer
4/1/25
X
X
X
X
X
X
X
X
X
Susan Craig
4/1/25
X
X
O/E
X
X
X
X
X
X
X
John Deeth
4/1/25
X
X
X
X
X
X
X
X
X
X
Gerene Denning
4/1/25
X
X
X
O/E
O/E
X
X
X
X
X
Mackenzie DeRoo
4/1/25
X
X
O/E
X
X
X
X
X
X
X
Matt Hayek
4/1/25
X
X
X
X
X
X
X
X
X
X
Molly Kucera
4/1/25
X
X
X
X
X
X
X
X
X
X
Bijou Maliabo
4/1/25
X
X
X
O/E
X
X
X
X
X
X
Jennifer Patel
4/1/25
X
X
X
X
O/E
X
X
X
X
X
Key.
X = Present
O = Absent
O/E = Absent/Excused
NM = No meeting
--- = Not a member
Kellie Grace
From: Dobyns, Rick C <richard-dobyns@uiowa.edu>
Sent: Tuesday, October 15, 2024 3:25 PM
To: *IC Charter Review Commission
Subject: Letter to Charter Review Commission from Dobyns
T
RICH
** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or
attachments. **
Rick Dobyns
1950 Calvin Ave.
Iowa City, IA 52246
October 15, 2024
City of Iowa City Charter Review Commission
City of Iowa City
Iowa City, IA
Dear Members of the Charter Review Commission,
I appreciate the opportunity to have presented my opinion regarding the issue of a directly elected mayor at your first
public forum last month. I would like to follow up in writing to further express my thoughts on this important topic.
I recommend continuing the current governance structure of having our elected council members choose the mayor
from among themselves. This system preserves the necessary checks and balances by allowing those most
knowledgeable about a potential mayor's skill set to determine this crucial position. Transitioning to a directly elected
mayor could dilute individual council members' authority and decrease accountability to those who are most familiar
with the issues facing our city.
The electorate directly elects our council members, who are aware that any of them could potentially become the
mayor or choose who among them should fill that role. Changing the mayoral election to a direct vote by the electorate
may lead to longer terms of office, as it reduces the scrutiny of a candidate's necessary skills that the council currently
provides. Furthermore, this shift could concentrate too much authority in one person.
Our city has thrived under the current governance structure, which emphasizes a collaborative council and a council -
elected mayor working towards consensus. This approach prevents any single mayoral election from overshadowing the
importance of shared leadership and allows for a distribution of authority among several elected officials over time.
Given the current political climate, it is not the right moment for our city or county to move away from distributed
political power toward a more centralized leadership model.
Thank you for considering my perspective as you review the charter. I look forward to the outcomes of your discussions
and any future forums where public input is encouraged.
Sincerely,
Rick Dobyns
1950 Calvin Ave, Iowa City
Kellie Grace
From:
fosse@q.com
Sent:
Tuesday, October 22, 2024 2:34 PM
To:
*IC Charter Review Commission
Subject:
Charter Review Commission Comments
Attachments:
We sent you safe versions of your files; City Charter Comments Fosse.docx
A
** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or
attachments. **
Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files.
Please share the attached comments with the City Charter Review Commission.
Thanks,
Rick Fosse
October 22, 2024
Dear Charter Review Commission:
I am writing to share my comments on the review of the Iowa City Charter and specifically
the procedure for selecting our mayor.
Let me begin by sharing my background and perspective. I served as an Iowa City
employee for over 30 years, including 14 years as City Engineer, 11 years as Public Works
Director and one year doubling as Acting Assistant City Manager. My primary focus was
our city's infrastructure and related public services. Throughout my career, I interacted
with public works professionals from other communities, and over time developed a deep
appreciation for our form of government and its inherent advantages for our community.
Let me elaborate. Infrastructure projects are expensive and usually require significant
public input to create a vision that will guide the project from start to finish. Once in
motion, changes in direction can be costly and cause delays. Compared to other
communities, our projects generally experience fewer such changes. This is something I
attribute in large part to our form of government. Since infrastructure projects often span
multiple election cycles, they can be subject to political winds. However, our unique form
of government has some built-in windbreaks that prevent real or perceived aggregation of
power in any single elected position. When a project changes direction in Iowa City, it is
based on broad feedback from the community, not the opinion of a newly elected
individual. This has substantial benefits for our community. Certainly, it saves time and
money, but more importantly it helps our projects stay focused on the long-term desires of
our community instead of the goals of an individual. This is critically important for
infrastructure projects that are expensive and designed to last for decades.
I encourage you to maintain our existing procedure for selecting the mayor.
Thank you for the opportunity to provide input.
Richard A. Fosse
4741 Inverness Court
Iowa City, Iowa
Kellie Grace
From: Anna Moyers Stone <aemoyers@gmail.com>
Sent: Tuesday, October 22, 2024 2:47 PM
To: *IC Charter Review Commission
Subject: Iowa City mayoral selection
** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or
attachments. **
Dear Charter Review Commission:
I served on the last Charter Review Commission for the City of Iowa City, so I was in your position ten years ago. Some
of the issues you face are new and some are different, but the task is the same: to review the City's Charter and to
recommend any amendments and updates. When I was on the commission, I recall looking into how the City's mayor is
selected, and I recall discussing it with the other commissioners, and I recall liking the discussion and the selection
process. It is perhaps unconventional that our mayor is not elected, but Iowa Clty is unconventional. We've favored a
strong panel of elected councillors and a weak mayor from the beginning, and we've seen the advantages of that. Our
city councillors represent the residents as a group, and must be collegial to do so and make progress. There isn't one
person who has campaigned to be king of the town; we can leave that to Cedar Rapids. In my view, as both a past
member of the Charter Review Commission and as a voting Iowa Citian, the selection of the City's mayor by the City
councillors is an inspired and thoughtful system that we should be happy and proud to perpetuate.
Thanks for you continued work and your consideration --
Anna Moyers Stone
Kellie Grace
From: Gerene Denning <gerenedenning@gmail.com>
Sent: Saturday, October 19, 2024 10:11 AM
To: Kellie Grace
Subject: Correspondence on Rank choice voting
Attachments: Legislator one pager (both sides) (1).pdf, ATT00001.htm; We sent you safe versions of
your files
RISK
** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or
attachments. **
Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files.
Hi Kellie,
Here is my correspondence with Kehry Lane and a 1-page double -sided document about Rank Choice voting I thought
might be informative for the Commission. Sorry for the late submission as I just received it Saturday.
Thank you for your help.
Gerene
Begin forwarded message:
From: Kehry Lane <kanson@gmail.com>
Subject: Re: Rank choice voting
Date: October 18, 2024 at 10:11:33 PM CDT
To: Gerene Denning <gerenedenning@gmail. com>
Good evening. Gerene.
I've attached the "one -pager" we provided to legislators when we introduced our RCV municipal choice
bill at the beginning of 2022. It's a pretty concise description of the problems caused by plurality voting
and how RCV can help resolve them.
We also have a "Resources on Municipal RCV" page on our website with lots of helpful information.
I want to highlight two things for the commission to consider:
1) While RCV is not explicitly prohibited in Iowa law at this time, it isn't explicitly permitted either. Better
Ballot Iowa's strategic focus is on bridge building with members of the state Iegislature.To that end, we
encourage cities to explore the benefits of RCV at the municipal level but would recommend against
taking action to implement it before it's officially enshrined in state law.
2) If there is interest in a deeper dive into RCV I'd be happy to meet the commission members. A
presentation and/or a Q&A. More online resources. Whatever is most helpful. I was involved with our
pitch to the charter review commission in Cedar Rapids a couple of years ago. Our experiences with that
afford some perspective that may be useful for the IC charter review commission.
Let me know if there's anything else you need.
Thank you,
Kehry Lane, BBI Speaker's Bureau
319-621-3703
On Thu, Oct 10, 2024 at 8:05 PM Gerene Denning <gerenedenning@grnail.com> wrote:
Hi Kehry,
I am on the Iowa City Charter Review Commission. Though we can't have it now, the Commission will
be having some discussion of RCV as part of a broader discussion about strategies for increasing public
engagement and other good things. Would you have a simple handout or summary of your slide
presentation? I would like to get that to the Commission to look at ahead of time.
Thanks so much,
Gerene
Better Ballot Iowa 501(c)3
515-337-2529
www.betterballotiowa.org
hello@betterballotiowa.org
Ranked Choice Voting
What is Ranked Choice Voting?
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2ndChoice
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3rdChoice
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Instead of choosing a single candidate, voters rank the
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in preference order, as many as they like.
This allows voters to pick their favorite candidate,
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followed by a series of backup choices.
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Why RCV?
Our current voting system breaks when there are
more
than 2 candidates.
Similar candidates can split the vote and hand the win to
a candidate
that
the majority of
voters did not want. This is called the "spoiler effect".
This problem breeds fear of choice: New candidates shy away, voters compromise. We resort
to costly two -round elections and gatekeepers, stifling who can appear on the final ballot.
Result: divisive campaigns, anti -competitive behavior, frustrated voters.
Ranked Choice Voting can find a winner with more than 2 choices
Ranked Choice elections are conducted as a series of "instant runoffs". If any candidate has a
majority of voter's first choice votes, they win. If no candidate has a majority, the least
vote -getter is eliminated. Instead of calling voters back to the polls for a runoff, we know their
preferences ahead of time. Their votes go to their next choice. The process repeats until a
winner is found.
Ranked Choice Elections Are Routine
Elections
jurisdictions
Million
decades
Successfully
Including 2 states
Voters
of experience
conducted in
the US
Positive Benefits of RCV:
■ Can reliably find the most popular candidate in a crowded field.
■ RCV elections are shown to encourage positive campaigning, since candidates don't
want to alienate 2nd and 3rd choice voters by attacking their first choice.
Voters like it because it gives them more expression at the ballot box.
A New Option for Iowa Cities:
■ Municipalities that combine two elections (e.g. a primary and general election) into a
single RCV race see a boost in participation.
By combining two elections into one
single race, RCV can save Iowa
taxpayers money.
• For many cities, RCV would be a
considerably better option than
what is currently available.
• The voting infrastructure in 95 out
of 99 Iowa counties is already fully
compatible with RCV elections.
Cedar Rapids Mayoral Runoff Election set to
cost around $80,000, while Des Moines ended
runoffs in 2020
About Better Ballot Iowa: Better Ballot Iowa is a volunteer -driven, Iowa -founded,
non -partisan 501(c)(3) focused on educating voters about systemic voting reforms, such as
Ranked Choice Voting, that will make representative democracy work better for all Iowans.
But we need your help! Consider getting involved!
You can help us make history! Sign up
for our list, volunteer, or donate. Invite
Join % -1 Donate 0 us to give a talk, host a house party, or
connect us with community leaders.
The followitiq is cr ►vorkrrrg drerfr of proposed amendmc )its as of October 8, 2024 to the Iowa
City Charter by the Charter Review Commission. The Commission has not finalized the
t� oRosaloriel rillpoteritial amendments are subject to change.
IOWA CITY CHARTER L
Preamble
Definitions
Article 1. Powers @ofTthe City
§ 1.01. Powers Ogf Tthe City.
§ 1.02. Construction.
§ 1.03. Savings Clause.
Article I1. City Council
§ 2.01. Composition.
§ 2.02. Division nto Council Districts.
§ 2.03. Eligibility.
§ 2.04. Terms.
§ 2.05. Compensation.
§ 2.06. Mayor.
§ 2.07. General Powers Aand Duties.
§ 2.08. Appointments.
§ 2.09. Rules; Records.
§ 2.10. Vacancies.
§ 2.11. Council Action.
§ 2.12. Prohibitions.
Article III. Nomination, Primary Election;.,Ind Regular Election
§ 3.01. Nomination.
§ 3.02. Primary Election.
§ 3.03. Regular City Election.
Article IV. City Manager
§ 4.01. Appointment; Qualifications.
§ 4.02. Accountability; Removal.
Page 1
The following_rs a working drnft of proposed amendments its oFOctober 8. 2024 to the Iowa
City Charter by the Charter Review Commission. The Commission has riot finalized the
proposal and all potential amendments are subject to change.
§ 4.03. Absence; Disability') of City Manager.
§ 4.04. Duties Oaf 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 0—on The Amount go Campaign Contributions.
§ 6.02. Disclosure f Contributions Aand Expenditures.
§ 6.03. Definition.
§ 6.04. Violations.
Article VII. Initiative " nd Referendum
§ 7.01. General Provisions.
§ 7.02. Commencement : if Proceedings, Affidavit.
§ 7.03. Petitions; Revocation : '_:f Signatures.
§ 7.04. Procedure fter Filing.
§ 7.05. Action Bon Petitions.
§ 7.06. Results Oof Election.
§ 7.07. Prohibition Gan Estab€ishment Oaf Stricter Conditions Aar Requirements.
Article VIII. Charter Amendments Aand Review
§ 8.01. Charter Amendments.
§ 8.02. Charter Review Commission.
Notes
1. The home rule FC'harter of the ity, adopted by the voters of the eCity on
November 15, 1973, and by ordinance 76-2792 on January 2, 1976, pursuant to I.C.A.
section 372.9, is set out herein as adopted and amended.
Page 2
The followinq is a working drab of proposed nmendrnents os of October 8. 2024 to the Iowa
City Charter by the Charter Review Commission, The Commission has not finalized the
proposal and all potential amendrnents are subject to change.
PREAMBLE
We, the people of Iowa City, Iowa, pursuant to the constitution and statutes of the $State of
Iowa and the principle of self-determination, proclaim that the government of Iowa City
belongs to all its residents and all share the responsibility for it. We hereby adopt this
r;Charter and confer upon it the full home rule powers of a charter city.in order to provide
for aiz lionest and accountable Council-manager overnment. By this action, we secure the
benefits of home rule and affirm the values of representative democracy, professional
management, strop leadersliip. public engagement, diversit and inclusiveness
regional cooperation, and fair and effective stewardship of oiir tfniquee:i-v-ironment.
Furthermore. adoption of this Charter recognizes the following principles:
1. Resident participation on an equitable and inclusive basis as part of the rocess of iff
democratic self-government.
aEach individual shall have an opportunity to participate ire 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 c-City business inconformity with the principles - and
practices of due process, equal protection under the laws, and protection ofth-OW
individual liberties p k-9 6eete4 grained by the eConstitution of the United States, lithe
sState of Iowa, and by local ordinances.
4. Civility and responsiveness by,,., ity employees in their interactions with the public.
(Ord. 15-4621, 5-19-2015)
DEFINITIONS
As used in this c- harter:
1. "City" means the c-City of Iowa City, Iowa.
2. "City c-Council" or "c-Council" means the governing body of the cCity.
3. "Council _member" means a member of the ouncil, including the-MMayor.
4. "Shall" imposes a duty.
5. "Must" states a requirement.
Page 3
The fbilowin q is n ivorfrin g draft t of pro posed amendments as of Qctaber 8 2024 to the Iowa
City Charter by the Charter- Review Commission. The Commission has not finalized the
proposal and all potential amendments are subiect to change.
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 1. POWERS OF THE CITY
Section 1.01. Powers Aaf Tthe City.
The cCity has, slialI liaye all powers possible under the constitution and laws of this state.
(Ord. 76-2792,1-2-1976)
Section 1.02. Construction.
The grant of power to the c-City under this eCharter is intended to be broad; the mention of
a specific power in this eCharter is not intended to be a limitation on the general powers
conferred in this article. (Ord. 76-2792,1-2-1976)
Section 1.03. Savings Clause.
If any provision of this (.:barter, 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 II. CITY COUNCIL
Page 4
The following is a working draft of proposed amendments as a -[October B. 2024 to the lauva
City Charter by the Charter Review Commission. The Commission has not finalized the
p—Moso/ crud all potential amendments are subject to Cltall ae.
Section 2.01. Composition.
The eCity eCouncil consists of seven members. As provided in aArticle III, four, to be known
as FCouncilmembers at --large, are to be nominated by eligible electors of the c-City at --large,
and three, to be known as district - i_ouncil members, are to be nominated by eligible
electors of their respective districts. All ouncil members shall be elected by the qualified
electors of the c-City at --large. (Ord. 85-3273,12-17-1985)
Section 2.02. Division Into Council Districts.
Thee -Council, by ordinance, shall divide the eCity into three cCouncil districts of
substantially equal population. These districts are to be designated as eCouncil dDistrict A,
eCouncil dDistrict B, and eCouncil dDistrict C. (Ord. 76-2792, 1-2-1976)
Section 2.03. Eligibility.
To be eligible to be elected to and to retain a eCouncil position, a person must be an eligible
elector of Iowa City, and if seeking or elected to represent a eCouncil district, must be an
eligible elector of that eCouncil district. (Ord. 05-4152, 3-1-2005)
Section 2.04. Terms.
At the first election under this c-Charter, all seven eCouncil members are to be elected; the
eCouncil_member from eCouncil dDistrict A, cCouncil 4District C, and the two eCouncil
members at --large who receive the greatest number of votes cast for cCouncil_member at
large are to serve for terms of four years, and other eCouncil .members are to serve for
terms of two years. Commencing at the next regular c-City election, and at all subsequent
regular eCity elections, all eCouncil members elected to fill the positions of those whose
terms expire shall be elected for terms of four years. (Ord. 76-2792, 1-2-1976)
Section 2.05. Compensation.
The :[:ouncil, by ordinance, shall prescribe the compensation of the FaMayor and the other
-council members. The eCouncil shall not adopt such an ordinance during the months of
November and December immediately following a regular ity election. (Ord. 05-4152, 3-
1-2005)
Sections 2.06. Mayor.
A. Immediately following the beginning of the terms of ouncil members elected at the
regular eCity election, the eCouncil shall meet and elect from among its members the
Mayor and mMayor pPro tTem for a term of two years. (Ord. 85-3227, 3-12-1985)
Page 5
The followtag is a warkin dr rr t o proposed aineridmetits as o 'October 8 2024 to the 1oUva
Cit Charter b the Charter Review Commission. The Commission has not finalized the
ro osal and all potemial ornenrlments are sub'ect to change.
B. The mMayor is a voting member of the eCouncil, the official representative of the
r-City, presiding officer of the eCouncil and its policy spokesperson. The MMayor may add
items to the eCity eCouncil agenda. The 1, ;' i ayor shall present to the c-City no later than
February 28 an annual sState of the c-City message. (Ord. 15-4621, 5-19-2015)
C. The RMayor pEro tTem shall act as
85-3227, 3-12-1985)
Section 2.07. General Powers Aand Duties.
ayor during the absence of the mMayor. (Ord.
All powers of the c-City are vested in the eCouncil, except as otherwise provided by state
law or this c-Charter. (Ord. 85-3227, 3-12-1985)
Section 2.08. Appointments.
A. The eCouncil shall appoint the c-City mManager.
B. The eCouncil shall appoint the eCity eClerk. (Ord. 85-3227, 3-12-1985)
C. The eCouncil shall appoint the c-City aAttorney. (Ord. 95-3671, 3-28-1995)
D. The City Manager steal! appoint the Chief of the Police Department and the Chief of the
Fire. Department, subJect to approval of the . � Council.
4)!_I:. The eCouncil shall appoint all members of the-1-ity's boards, except as otherwise
provided by state law. (Ord. 85-3227, 3-12-1985)
. The _ ouncil shall fix the amount of compensation, if any, of persons it appoints and
shall provide for the method of compensation of other eLity employees. All appointments
and promotions of c-City employees by city ce, i 6l and eiF..matia..ev 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 ity office as provided by state
law. (Ord. 76-2792,1-2-1976)
Page 6
The followina is o working dra o ro osed amendrrrents as o October8 2024 to the Iowa
Cit Charter- h the Charter Review Commission. The Commission has not finalized the
proposal and gall Rotential amendments are sub ect to change.
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,.c _ouncil_member may not hold any other ity office or be a ity employee or
elected county official while serving on the. -[;ouncil nor hold any remunerated ity office
or employment for at least one year after leaving the ..ouncil. (Ord. 76-2792,1-2-1976)
B.
ner- its fnember-s may dictate, in any manneF, the appointment or Fernoval of any peFS014
200�) With the exception of powers provided in Section 2.08, a Council member may not
dictate, in any manner, the appointment or removal of any City employee. However, the
Council may express its views to the appointing
_aJ1thok-it l qRgainin to the appointment -or
Y`IInlR1IA. I. IIr' CI.1!`h IIl'Y1p ey-ee pertaining to the ap,poi.ntmcrlt or' removal of such employeeCoto
the Council a 1nintee Calder whom the employee works.[City Manager, City Attorney Cit
Clerk
C.
A Council
member may not interfere with the supervision or direction of any City employee otheI'
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 { ::ouncil district may become a candidate for a c-Council district
seat by filing with the Johnson County eCommissioner ofeClections a valid petition
requesting that his r- 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 44F,-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
Page 7
The following is a working draft of proposed amendments as of October 8. 2024 to the Iowa
City Charter by the Charter Review Commission. The Commiss_rnri has not finalized the
proposal and all potential omendtnents are sab,iect to change.
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 i. { :ity election, but not l&S-S-fewer than ten (10) persons.
B. An eligible elector of the,. (.1ty may become a candidate for an at -large ouncil seat by
filing with the Johnson County ommissioner of lections a petition requesting that the
candidate's name be placed on the ballot for that office. Unless otherwise provided by state
law, the petition must be filed not more than eighty-five (85) days nor 1&,�,Fewt°° 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 , f.ity election, but not
leli'we� 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 ouncil district seat, a primary election
must be held for that seat with only the qualified electors of that eCouncil district eligible to
vote. The names of the two candidates who receive the highest number of votes in the
primary election are to be placed on the ballot for the regular c=C:ity election as candidates
for that eCouncil seat. (Ord. 05-4152, 3-1-2005)
B. If there are more than twice as many candidates as there are at large positions to be
filled, there shall be a primary election held unless the ouncil, 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 "ity election, each eCouncil district seat up for election shall be listed
separately on the ballot and only the names of candidates nominated from that FCouncil
district shall be listed on the ballot as candidates for that seat. However, all qualified
electors of the c-City shall be entitled to vote for each candidate. The three eCouncil district
seats shall be designated on the ballot as eCouncil d—Di strict A, eCouncil 4District B and
eCouncil dDistrict C and each shall be elected at --large.
B. The at --large -''ouncil seats shall be designated on the ballot as such. (Ord. 85-3227, 3-
12-1985)
ARTICLE IV. CITY MANAGER
Page 8
The follo win il is a working draft of proposed amendments as of October B. 2024 to the fowa
Citil Charter by the Charter Review Commission. The Comenission hos not fmalized the
proposal and all potential arnendments are subject to chance,
Section 4.01. Appointment; Qualifications.
In appointing a eCity mManager, the eCouncil shall consider only the qualifications and
fitness of the person without regard to political or other affiliation. During his, �-their
tenure the eCity mManager shall reside within the eCity. (Ord. 76-2792,1-2-1976)
Section I-OZ. Accountability_; Removal.
A. The eCity mManager is under the direction and supervision of the ouncil 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 mManager is appointed. (Ord. 76-2792, 1-2-1976)
Section 4.03. Absence; ❑isabiIity 44of City Manager.
The eCity mManager may designate a qualified eCity employee as acting eCity mManager to
perform his duties during a temporary absence or disability. If the eCity
mManager does not make such a designation, the eCouncil shall appoint a qualified cCity
employee to perform the duties of the eCity mManager until "��they returns. (Ord.
76-2792,1-2-1976)
Section 4.04. Duties Oof City Manager.
A. The eCity mManager shall be chief administrative officer of the eCity and shall:
(1) tueFnsure that the laws of the eCity are executed and enforced.
(2) Supervise and direct the administration of eCity government and the official
conduct of employees of the eCity appointed by the eCity mManager including their
employment, training, reclassification, suspension or discharge as the occasion requires,
subject to state law.
(3) Appoint the cChief of the p olice dDepartment and the cChief of the fl�ire
epartment with the approval of the eCity cCouncil.
(4) Supervise the c-Chief of the -pPolice 4Department and c-Chief of the Wire
r . - lepartment, including their suspension or discharge as the occasion requires. Such
supervision shall not be subject to approval of the eCity eCouncil.
(5) Appoint or employ persons to occupy positions for which no other method of
appointment is provided by state law or this cCharter.
Page 9
The jollaw ng_ts a i•v�r lain -_draft oLproposed_amendments asof October 8, ,2024 to the Iowa
City Charter by the Charter Review Commission. The Commission has not finalized the
proposal and all poten tird amendments are subject to chancre.
(6) Supervise the administration of the c-City personnel system, including the
determination of the compensation of all c-City employees appointed by the c-City
Manager subject to state this Code or this c-Charter.
(7) Supervise the performance of all contracts for work to be done for the eCity,
supervise all purchases of materials and supplies, and assure that such materials and
supplies are received and are of specified quality and character.
(8) Supervise and manage all public improvements, works and undertakings of the
eCity, and all c-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 c-City.
(10) Provide for the issuance and revocation of licenses and permits authorized by
state law or ity 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 eCouncil an itemized written monthly financial report.
(13) Attend eCouncil meetings and keep the eCouncil fully advised of the financial
and other conditions of the c-City and its needs.
(14) See that the business affairs of the c-City are transacted in an efficient manner
and that accurate records of all c-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 ouncil may direct. (Ord. 05-
4152, 3-1-2005)
B. The eCity mManager, in performing the foregoing duties, may:
(1) Present recommendations and programs to the eCouncil and participate in any
discussion by the r-Council of any matters pertaining to the duties of the eCity n}Manager.
(2) Cause the examination and investigation of the affairs of any department or the
conduct of any employee under supervision of the c-City mManager.
(3) Execute contracts on behalf of the c-City when authorized by the eCouncil. (Ord.
85-3227, 3-12-1985)
Page 10
The fiollowing is a workitig draft of proposed amendments os a -[October 8, 2024 to the lower
City Charter by the Charter review Commission. The Commission has Trot 1?nalized the
proposal and all potential amendrnetits ore strhiect to chooge.^
Section 4.05. Ineligibility; Prohibited Acts.
Except for the exercise of the right to vote, the -;t:ity Manager shall not take part in any
election of - �;ouncil members. This prohibition shall in no way limit the ECity mManager's
duty to make available public records as provided by state law or this eCharter. (Ord. 76-
2792, 1-2-1976)
ARTICLE V. BOARDS, COMMISSIONS AND COMMITTEES
Section 5.01. Establishment.
A. With the exception of the t Community pPolice FReview bBoard, the eCouncil may
establish boards in addition to those required by state law and shall specify the title, duties,
length of term, qualifications of members and other appropriate matters. The Council shall
consider the available demo ra hies of board and commission members and a licants in
making appointments in an effort to make appointments reflective of the community.
The eCouncil may reduce or increase a board's duties, transfer duties from one board to
another or dissolve any board, except as otherwise provided by state law or this eCharter.
B. There shall be a permanent cCommLinity k,l'olice k:eview ?k;oard, 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 dDepartment; and
2. To make recommendations regarding such policies, practices, and procedures to the
eCity eCouncil;_ in �l.
3. To investigate claims of misconduct by sworn police officers and to issue
independent reports of its findings to the eCity eCouncil; and
4. The authority to subpoena witnesses. (Ord. 15-4621, 5-19-2015)
Section 5.02. Appointment: Removal.
The t-__ouncil shall, subject to the requirements of state law, seek to provide broad
representation on all boards. The eCouncil shall establish procedures to give at least thirty
days' notice of vacancies before they are filled and shall encourage applications by
residents. Council procedures for the removal of members shall be consistent with state
law. (Ord. 05-4152, 3-1-2005; amd. Ord. 15-4621, 5-19-2015)
Page 11
The follmin g is a w rking dra ft of ra osed amendments as of October B 2024 to th e Iowa
City Charter by the Charter Review Commission. The Commission has not finalized tine
lrroposal and all potential ainen(fin onts are sybiect to change.
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 -,-:(:.ouncil shall specify, for each board, methods for informal and formal
communication with eCouncil, time schedules for the completion of reports requested by
eCouncil and such rules as it deems appropriate.
C. A board may establish additional rules and procedures that are consistent with state
law, .ouncil rules, and this harter. (Ord. 76-2792, 1-2-1976)
ARTICLE VI. CAMPAIGN CONTRIBUTIONS AND EXPENDITURES
Section 6.01. Limitations Son Tthe Amount 9of 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
ck,harter. (Ord. 95-3671, 3-28-1995)
Section 6.02, Disclosure Pof Contributions Rand Expenditures.
The ouncil, 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 ouncil 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 ode of Iowa. (Ord. 05-4152, 3-1-2005; amd. Ord. 15-4621, 5
19-2015)
Section 6.04. Violations.
The ouncil, by ordinance, shall prescribe: (1) penalties for the violation of the
contribution limitations and disclosure requirements it establishes pursuant to this
ection; and (2) when appropriate, conditions for the revocation of a candidate's right to
serve on eCouncil if elected, consistent with state law. (Ord. 05-4152, 3-1-2005)
Page 12
The following is a working draft o ro osed amendments as of October 8 2024 to the Iowa
Ci Charter by the Charter Review Commission. The Commission has n t realized tfae
proposal and all poteratial amendments are subject to change.
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 ouncil 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 __ouncil of an existing measure and, if the ouncil 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 ouncil.
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: IrlclLid ing, kart riot
limited. to, personnel decisions.
(b) The eCity budget.
(c) The appropriation of money.
(d) The levy of taxes or special assessments.
(e) The issuance of general obligation and revenue bonds.
(f) The letting of contracts.
(g) Salaries of eCity employees.
(h) Any measure required to be enacted by state or federal law.
(i) Amendments to this eCharter.
0) Amendments affecting the ity zoning ordinance or the land use maps of the
comprehensive plan, including the district plan maps.
(k) Public improvements subsequent to eCity eCouncil action to authorize
acquisition of property for that public improvement, or notice to bidders for that public
Page 13
The-followitW is a working draft oLproposed amendments as of October 8. 2024 to the lows
City Charter by the Charter Review Commission. The Commission has not finalized the
proposal and all potential amendinents are subject to chancLe.
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 nd Reenactment. No measure proposed by
initiative petition and adopted by the vote of the eCouncil without submission to the voters,
or adopted by the voters pursuant to this article, may for two years thereafter be repealed
or amended except by a vote of the people, unless provision is otherwise made in the
original initiative measure. No measure referred by referendum petition and repealed by
the vote of the eCouncil without submission to the voters, or repealed by the voters
pursuant to this article, may be reenacted for two years thereafter except by vote of the
people, unless provision is otherwise made in the original referendum petition.
C. Construction.
(1) Scope Of Power. It is intended that this article confer broad initiative and
referendum powers upon the eligible electors of the c-City.
(2) Initiative. It is intended that (a) no initiative petition will be invalid because it
repeals an existing measure in whole or in part by virtue of proposing a new measure and
(b) an initiative petition may amend an existing measure.
(3) Referendum. It is intended that a referendum petition may repeal a measure in
whole or in part.
D. Effect Oof Filing Petition. The filing of an initiative or referendum petition does not
suspend or invalidate any measure under consideration. Such measure shall remain in full
force and effect until its amendment or repeal by ouncil pursuant to ection 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 Proceedings: Affidavit.
A. Commencement. One or more qualified electors, hereinafter referred to as the
"petitioners," may commence initiative or referendum proceedings by filing with the eCity
Page 14
Thefiallowing is a working draft pf.proposed amendments as of October 8. 2024 to the tosvg
City Curter by the Charter Review Commission. The Commission has tat inaliaed the
proposal andg// potential amendments are subject to change.
-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 ity eClerk shall accept the affidavit for filing if on its face it appears to
have signatures of one or more qualified electors. The eCity eClerk shall issue the
appropriate petition forms to the petitioners the same day the affidavit is accepted for
filing. The t [.'ity lerk 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 7.01 Petitions; Revocation 0ofSienatures.
A. Number = 3 , Ff 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 ity 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 ity
-`'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 the elector personally circulated it, that all
signatures were affixed in his ei- her t pl -the elector's presence, that he ^" she thEjy the
elector believe-ss 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
ection 7.02A was filed.
E. Time 1 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
Page 15
The _followin a is a working draft of proposed amendments as of October8. 2024 to the Iowa
City Charter by the Charter Review Commission. The Commission has not Fnalized the
proposal and all potential amendments are sub ect to chin_Qe.
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 ;1 4 Signature. Prior to the time a petition is filed with the ECity eClerk, a
signatory may revoke his signature for any reason by filing with the eCity
eClerk a statement of his rtheir intent to revoke him their signature. After a
petition is filed a signatory may not revoke h is a F he F their signature. The cCity c(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 ALifter 1~ilin
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 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 cClerk 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 ayor
and ECity EClerk and one member of the ouncil chosen by the ouncil 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
ommittee's actions shall be by writ of certiorari. (Ord.15-4621, 5-19-2015)
Section 7.05. Action Oon Petitions.
A. Action tihy 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 _ouncil 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 c-City as hereinafter prescribed. If at any time more than thirty days before a
scheduled initiative or referendum election the c i ouncil adopts the proposed initiative
Page 16
The following is a worldng drat o Laroposed amenrim erits os of October 8, 2024 to the Iowa
City Charter- by the Charter Review Commission. The Cammissinra,has not finalized the
proposal and all potential amendments are sub- ect to Charade,
measure or adopts a measure which is similar in substance or if the eCouncil repeals a
referred measure, the initiative or referendum proceedings shall terminate and the
proposed or referred measure shall not be submitted to the voters.
B. Submission Tto Voters.
(1) Initiative. The vote of the c-City on a proposed measure shall be held at the r-egula
Gity e1eC-tJA- , -,- hF t-hp • aI P,I... t-iia., ..,hich next accurs first legally ermissible election
date more than forty days after the expiration of the sixty day period provided for
consideration in -sSection 7.05A, provided that the initiative petition was filed no -less fewer
than 80 days prior to the deadline imposed by state law for the submission of ballot
questions to the c-Commissioner of eElections.
(2) Referendum. The vote of the c-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 -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 c-Commissioner 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 c-City c-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 C-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 f Election.
A. Initiative. If a majority of the qualified electors voting on a proposed initiative
measure vote in its favor, it shall be considered adopted upon certification of the election
results. The adopted measure shall be treated in all respects in the same manner as
measures of the same kind adopted by the eCouncil, except as provided in -,Section
7.01B(3). If conflicting measures are approved by majority vote at the same election, the
one receiving the greatest number of affirmative votes shall prevail to the extent of such
conflict.
B. Referendum. If a majority of the qualified electors voting on a referred measure vote
in favor of repealing the measure, it shall be considered repealed upon certification of the
election results. (Ord.15-4621, 5-19-2015)
Section 7.07. Prohibition Son Establishment Oof Stricter Conditions Aor Re uirements.
Page 17
The allowing is a working draft ofproposed amendments as of October 8. 2024 to the Iowa
City Charter by the Charter Review Commission. The Commission has not flnalized the
ro osa! crud all potentio/ arnenchnents are sub'ect to chap e.
The eCouncil shall not set, except by eCharter amendment, conditions or requirements
affecting initiative and referendum. (Ord.15-4621, 5-19-2015)
ARTICLE VIII. CHARTER AMENDMENTS AND REVIEW
Section 8.01. Charter Amendments.
This eCharter may be amended only by one of the following methods:
A. The eCouncil, by resolution, may submit a proposed amendment to the voters at the
First Iegally permissible election date consistent with Section TO5(B) of this Chartera
s.-.eeia1 '� ��,,, �;, .�, and the proposed amendment becomes effective when approved by a
majority of those voting.
B. The eCouncil, by ordinance, may amend the r[;harter. However, within thirty (30) days
of publication of the ordinance, if a petition valid under the provisions of section 362.4 of
the eCode of Iowa is filed with the ECouncil, the ECouncil must submit the amending
ordinance to the voters at the first legally_ permissible election date consistent with Section
7.05 B of this Charter ��^� ^' }• r'n�} ��, and the amendment does not become effective
until approved by a majority of those voting.
C. If a petition valid under the provisions of section 362.4 of the --ode of Iowa is filed
with the ci_;ouncil proposing an amendment to the eCharter, the ECouncil must submit the
proposed amendment to the voters at the first legal ly permissible election date consistent
with Section 7.O (B1 of this Charter•21 "^"^'^I rAity eleetio', and the amendment becomes
effective if approved by a majority of those voting. (Ord. 05-4152, 3-1-2005)
Section 8.02. Charter Review Commission.
The eCouncil, using the procedures prescribed in - i `+rticle V, shall establish a harter
r-Review -Commission at least once every ten years following the effective date of this
eCharter. The LCommission, 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 _ ouncil shall either exercise its power of amendment
pursuant to ection 8.01B of the harter on a matter recommended by the [Commission
or submit such amendments to the voters in the form prescribed by the eCommission, and
an amendment becomes effective when approved by a majority of those voting. (Ord. 05-
4152, 3-1-2005)
Page 18
The following is a working draft ofpro,posed amendments as of October 8. 2024� to the Iowa
City Charter by Charter Review Commission. The Commission has not finalized the
proposal and all 12otential amendments are subject to cliarage.
CHARTER COMPARATIVE TABLE
The #Home r-Rule ECharter is set out in this volume as adopted by the voters on November
15,1973, and by ordinance 76-2792, on January 2,1976. The following table shows the
disposition of amendments to the __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
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
Page 19
TheLollo wing is a working draft o,Lp roposed amendments as of ❑ctober S, 2024 to the Iowa
City Charter b-v the Charter Review Corrrmission. The Commission has not finalized the
l)raposal and all potential amendi-rents are subiect to change.
15-4621 5-19- Preamble, 2.0613, 3.01, 4.02A, 5.01, 5.02, 6.03, 7.01, 7.03, 7.04,
2015 7.05, 7.06, 7.07
Petition 11- 7.03A
2016
Page 20