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HomeMy WebLinkAbout2024-11-07 Charter Review CommissionCHARTER REVIEW COMMISSION Thursday, November 7, 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 10/24/2024 3. Motion to Accept correspondence (if any) 4. Review of City Charter: Section 2.02 Division into Council Districts 5. Voter Engagement 6. Tentative Meeting Schedule — 2"d Tuesday and 41h Thursday @ 5:30 p.m., upcoming tentative meeting dates as follows: Monday, November 25 Tuesday, December 3 Tuesday, December 17 7. 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(cD-iowa- city ora. 8. 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 24, 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 (5:33 p.m.), Jennifer Patel Staff Present: City Attorney Goers, City Clerk Grace (Videos of the meetings are available at citychannel4.com typically within 48 hours) Recommendations to Council: (to become effective only after separate Council action: None 1. Call to order and roll call 2. Motion to adopt draft minutes as presented or amended Moved by Kucera, seconded by Patel to approve the October 8 draft minutes as presented. Motion carried 8-0, Maliabo absent. 3. Motion to Accept Correspondence Moved by Patel, seconded by Deeth to accept correspondence from Rick Dobyns, Richard Fosse, and Anna Moyers Stone. Motion carried 8-0, Maliabo absent. 4. Staff response to Commission questions previously posed City Attorney Goers stated staff was asked to look at the Charter for other uses of the word "they" to ensure that the use would not wrongly imply plural parties are permissible when a singular party is required. Goers noted there were no other problematic uses of the word, "they." 5. Review of City Charter: Section 2.06 Mayor Chair Balmer noted that the Commission had received a lot of input and that the Commission needed to discuss whether the Mayor should remain selected by Council, or elected directly by voters. Commissioner Patel asked to confirm if there was anyone who wanted to change the job description or the power of the Mayor. Chair Balmer stated the only thing that had been discussed was if there should be direct election of the Mayor. Chair Balmer started the discussion with his thoughts noting his previous experience as Mayor and serving on City Council. Balmer stated the present method lends stability and cohesiveness on the Council which he appreciated and believes staff appreciated. Balmer stated his worry with a direct election would be if there was an individual that would run for Mayor with no experience and once elected had a specific agenda that now had endorsement from the community to put forward. Even though it is only one vote it could lend itself to some problems and issues, not to say you couldn't get good candidates running. Balmer stated there have been some very good Mayors over the last 50 plus years Charter Review Commission October 24, 2024 Page 2 and others that were not as strong, noting the Mayor is the spokesperson for the City and has to run the meetings which is no small task at times. Balmer said the Mayor selection has worked well over the last 50 plus years and liked the present situation as it has served the community very well. Vice Chair Kucrea stated that she feels that the current model of the Council selecting the Mayor promotes unity among Council members, helps encourage decisions where there is general consensus, and Councilors have a shared vision for the City's future. Kucera also believes it helps with a more cohesive government in Iowa City and feels they should keep the Mayor selection the way it currently is. Commissioner Deeth noted that he understood the arguments for cohesiveness and consensus but feels that the spokesperson for the City should be chosen by the people. Deeth noted that past Mayors have been the top vote getters and indicated that the people would choose wisely. Deeth stated one thing that had changed during his time in Iowa City is that the Mayor selection used to rotate more often where someone would serve their two- year term and then someone else would serve a two-year term, similar to the Johnson County Board of Supervisors where everyone has a year as Chair and it rotates through board members. Deeth mentioned in more recent years people have stayed on as Mayor for longer periods of time. Deeth said he is in favor of directly electing the Mayor but would support a consensus of the Commission. Commissioner Denning noted she was not going to speak in favor or against either of the choices, noting they are both good options that have different advantages and disadvantages and that it's a matter of preference. Denning stated consensus is nice but she thought Commissioners should vote their preference so that Council knows there are preference differences. Denning stated this will give the City Council a better feel of where Commissioners ended up after considering the arguments and urged everyone to vote their truth. Chair Balmer added that it could certainly be noted in the minutes. Commissioner Patel started off where she thought there was agreement among the Commissioners and stated what skills a Mayor should have such as being able to effectively communicate information about the City, to encourage people to have more active participation in the City, and to create a close working relationship with other elected officials. Patel stated she felt the purpose of elections was like a job interview so people could decide whether they want that person to be in that elected office. Patel said a directly - elected Mayor would have to show they can communicate, they would have to go get endorsements from other elected officials which would show they can have a close working relationship and would create a closer relationship between the City and its people. Patel noted a problem with the current structure is that people don't see how important City government is to them and by having someone go out and have more contact with the people they will begin to see the importance. Patel stated two major problems, the first being not all Council members want to be Mayor so you could have a Mayor that does not want to be in that position. The second issue is that with a small group there can be more pressure than there would be if the Mayor was elected at large. Patel mentioned she also liked the limit on donations. Individual Commission members expressed their views. Commissioner Hayek stated the current process protects against someone with a strong personality being elected as Mayor and is in favor of maintaining the current system. Hayek noted the primary reasons are because it strengthens the Council as a whole, promotes diplomacy, ensures that a Mayor has some regular City Council experience before becoming Mayor and provides protection for staff. Hayek also mentioned that from the Charter Review Commission October 24, 2024 Page 3 communications from the public, although small, it seemed the majority was not in favor of making a change to the current system. Hayek also noted the correspondence and perspective from those who are familiar with City Hall and understood how the system works such as a former City Clerk, former Department Heads, former City Councilors, and a former City Attorney who all had various reasons to not make a change. Commissioner Maliabo noted she was in favor of the current system and when speaking to immigrants and refugees that do not understand the law they see the Mayor as a very powerful person no matter how they are elected. Maliabo stated she would be afraid of someone moving into Iowa City and running for Mayor without knowing anything about them, their purpose or their opinions verses someone who is currently on Council and being elected Mayor by the Council. Maliabo also referenced the input from the public that has been received noting the majority seemed to want no change. Maliabo pointed out she would like to see term limits for the Mayor to give others on the Council a chance. Individual Commission members expressed their views on terms for Mayor. Commissioner Craig stated she would support leaving the system the way it is for many of the reasons other Commissioners have said. Craig disagreed with Commissioner Patel in saying the Mayor could get more people actively involved than the Council and didn't know who would benefit from a directly -elected Mayor from a citizen's perspective. Craig said she believes all citizens benefit from a system that provides a working body that works together and has chosen a person to be their nominal leader. Craig also likes the two-year term for Mayor so someone can be elected to Council and get some experience before becoming Mayor and the ability to look at that position every two years to see if they have the right person as Mayor or not. Commissioner DeRoo stated she was in favor of keeping the current Council selection of Mayor as it is for many of the reasons other Commissioners had already shared. DeRoo noted she sees the Charter as the City's constitution and has a high threshold for making changes to it because there had been so many people who have endorsed it and supported it. DeRoo also noted that from public comment and conversations the Commission has had she didn't feel that it was meant for radical change to what has been reinforced through the Charter history. Chair Balmer stated that after discussion it appeared that the majority was in favor of no change in the present system, and they could note the Commissioners that had the opinion they would like to see something else. Balmer commented on the thoughtfulness of the Commissioners and thanked them for the time they have spent thinking about this issue. Individual Commissioners expressed their views. 6. Review of City Charter: Section 2.02 Division into Council Districts Commissioners agreed to defer discussion of Council Districts to the next meeting. 7. Voter Engagement Commissioners agreed to defer discussion of Voter Engagement to the next meeting. 8. Tentative Meeting Schedule Commissioners discussed upcoming meeting dates. The commission agreed to reschedule the November 12 meeting to Thursday, November 7. Charter Review Commission October 24, 2024 Page 4 Chair Balmer noted that the Division of Council Districts would be discussed at the November 7 meeting and asked for clarification for the Voter Engagement discussion. Commissioner Patel stated she wanted to discuss how to make the public more comfortable with a different way of doing elections and to add a note to the Report of the 2024-2025 Iowa City Charter Review Commission to City Council that when new election forms come up they would like the City Council to take a look at them. Commissioner Denning noted that Commissioner Craig had suggested a more general item, asking if the Commission should write a letter and ask City Council to think about how they could form a commission to gather public input. Commissioner Craig added it should also encourage them to work with other entities since it should be countywide. Chair Blamer noted the League of Women Voters would be a natural group to help with that and encourage voter participation. Commissioner Patel also pointed out that the public needs to have a better understanding of City government and what the City does since City and county government have a direct impact on daily lives. Commissioner Maliabo suggested that Council members should go into the schools and speak to the students about how City government works. Individual Commission members expressed their views. 9. Community Comment No one appeared. 10. Adiournment: Moved by Kucera, seconded by Denning to adjourn the meeting at 6:29 p.m. Motion carried 9-0. Charter Review Commission October 08, 2024 Page 5 NAME John Balmer Susan Craig John Deeth Charter Review Commission - 2024 ATTENDANCE RECORD TERM o 0 0 0 0 0 0 0 0 A A A C71 C71 O� O� C1D C1D O O EXP. W C`n A W -4 ` W W ` N A N A N A N N N N N A A A �► ? N N N N � N A N A 4/1/25 X X X X X X X X X X X 4/1/25 X X O/E X X X X X X X X 4/1/25 X X X X X X X X X X X Gerene Denning 4/1/25 X -:R7 X O/E O/E X X X X X X ' Mackenzie DeRoo 4/1/25 X X O/E I X X I X X X X I X X Matt Hayek 4/1/25 X 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 X Bijou Maliabo 4/1/25 X X X O/E X X X X X X X Jennifer Patel 4/1/25 X X X X O/E X X X X X X Key: X = Present O = Absent O/E = Absent/Excused NM = No meeting --- = Not a member Kellie Grace From: Vicki Lensing <vicki@lensingfuneral.com> Sent: Monday, October 28, 2024 2:52 PM To: *IC Charter Review Commission Cc: vickilensing@gmail.com Subject: Charter Review 2024 letter Attachments: We sent you safe versions of your files; Charter Review 2024.docx A RISK ** ThisErrrait 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. October 28, 2024 Members of the Iowa City Charter Review Commission, As a lifelong resident of Iowa City, I appreciate the many opportunities available to residents and the overall environment in which we live, work, raise families and pursue interests. This is reflected in our neighborhoods, our educational systems, our businesses, our economy, and our community engagement. Like other cities, we have to incorp orate fairness, inclusivity and diversity as we make laws and policies to create our framework for local government. To review that framework and recommend any changes to how the city operates and how the City Council functions, a Charter Review Commission is created every ten years to accomplish that task. I had the opportunity to serve on that Commission in 1994-1995. It was an educational experience for me and one that allowed residents to voice their concerns and ask for changes and to also support what they viewed as policies that were working well. Now as a resident, I would like to use this occasion to express my support for continuing the current form of how City Council members are elected. Currently three Council members are elected from one of the three specific districts and four are elected at -large. This system has worked well and attracts candidates who are interested in the future of our community by becoming actively involved in local government. Iowa Citians are able to become familiar with the Council person who will represent their district as well as those who represent the community as a whole. Having served in state government for many years, I recall constituents wanting to vent their frustrations or lobby for their causes directly to their representative. This is also how district representation works at the City level. While many issues that face the Council remain from year to year like the economy, mobility and safety remain constant, other issues like affordable housing, parking, rental housing, and challenges for students and seniors often arise. The current system for electing councilors allows constituents with concerns about these and other issues to access their elected officials and express them directly as well as to elect individuals who reflect shared views. I urge the Commission to continue this practice by keeping Districts as the framework for electing our City Councilors. Sincerely, Vicki Lensing, 2408 Mayfield Rd. Iowa City, Iowa 52245 Kellie Grace From: Terry & Jo Dickens <joterdickens@yahoo.com> Sent: Friday, November 1, 2024 2:29 PM To: *IC Charter Review Commission Subject: Charter review A RISK ** This emaitoriginated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** I am responding to the call for reviewing the City Charter. I have served two terms on the City Council, one as a at large councilor and one District councilor. I am in favor of keeping the charter the way it has been, knowing that the having been elected in a district I received more calls from people in my district. They felt having a elected councilor in their neighborhood was important because I knew the strengths and the weaknesses of the district. While serving as an at large Councilor the calls were, more varied concerning issues not always related to the districts. I believe no matter whether you are representing a district or at large all voters should be able to cast their vote for the councilor of their choice as they will be representing the whole City. My Wife and I are both lifelong Iowa City residents. My wives grandfather and father both served on the city council, in the current form of city government and were involved in these charter reviews and chose to keep what was working . Terry Dickens Kellie Grace From: Paul Burns <pburns425@gmail.com> Sent: Sunday, November 3, 2024 6:02 PM To: *IC Charter Review Commission Subject: Charter Review Commission Comments Attachments: We sent you safe versions of your files; Charter Review Commission Comments.pdf A 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. Dear Commissioners: I respectfully submit the attached comments for your consideration. Thank you. Paul Burns 425 Beldon Ave, Iowa City November 3, 2024 Re: Charter Review Commission Dear Commissioners: I support a continuation of Iowa City's current mix of at -large and district seats and the process we use to elect them. As an initial matter, we should ask whether the current system is somehow not working. I have seen no evidence of dysfunction. I disagree with the notion that pure districts would lead to better access by voters to their elected officials. Iowa City is small. You can drive from one end to the other in about ten minutes. It's not that hard to assemble a campaign and do the work of campaigning for office. Our self-imposed donation cap results in most campaigns raising maybe $5,000 to $10,000, which pales in comparison to other communities. And, if you are elected by the entire community, you have more of an incentive to respond to inquiries from constituents irrespective of where they live. I prefer the current system where the entire community gets to vote on all the city councilors. If I like (or dislike) what any one member of the council does, I know I will have a chance in the next election to vote for (or against) that person. This is important because most decisions of the council impact the entire community and cannot be confined to a single district. And, since the seven councilors choose the mayor, it is important that the entire community have a say in who those seven councilors are. As for the argument that our system is confusing, I would say that's an issue of voter education. There are plenty of things about votingthat are confusing (early voting, absentee voting, precincts, initiatives, referendums, etc.), and they are addressed each cycle by election authorities. The same can be done with respect to Iowa City's district system, which frankly I think is pretty easy to grasp. Most of the community is just not very engaged with city hall and does not get involved, whether as voters, candidates, volunteers or otherwise. This is the case all overthe country. We can and should make an effort to boostcivic participation in local government. But that doesn'trequire us to make significant changes to an election systemthat has worked well for Iowa City for more than half a century. Thank you for serving on the Charter Review Commission and for your consideration Respectfully submitted, /s/ Paul Burns 425 Beldon Ave., Iowa City Kellie Grace From: Gerene Denning <gerenedenning@gmail.com> Sent: Wednesday, October 30, 2024 5:02 PM To: Kellie Grace Subject: Memo for Nov 7 meeting Attachments: We sent you safe versions of your files; Final submitted comments in support amendment.docx ** 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 add this to the next packet. Thanks so much. To: The City Charter Review Commission Re: Final comments supporting electing district council members by district voters From: Commissioner Denning For selection of the mayor, there are two equally good selection methods and the choice is a matter of preference. In contrast, for election of district council members, there is a fact and evidence -based, logic -based, expert -approved better method than our current one, that is, election of district council members by district voters. Ask yourself the following: Why would we want to continue violating the basic voting rights of district voters? Who are these voters we don't trust to exercise their rights? Why would we want to further risk diluting minority voting power? Why would we want to continue missing out on the benefits that come from a district system and that counter balance the limitations of electing council members at large? Why would we not want to use a system with a strong likelihood of increasing public engagement, a system where council candidates could spend more time and resources to meet and get to know their constituents, could learn more about the specific struggles that they have and could be judged based on the quality of their advocacy for district -specific needs? Why would we not want to end the confusion and controversy and take a little stress off our community? Wouldn't that be a valuable service to the people? What about concerns about electing district council members by district? • Are we concerned that electing district council members the way every other charter city does it would somehow fail to work for our city? In what way are we that different? • Are we concerned that electing district council members by district would result in less diverse, less qualified city councils than we currently have? Why would that happen? • Are we concerned that some radical political agenda exists that wants us to go from being an outlier to doing things in the normal way? How is being normal a radical thing? ■ Is this change so scary we should not even consider it? What makes it that scary? • Should we be concerned that how we select the mayor dictates how we elect city council members? See below for why we should not be concerned. I do not mean to suggest that there are no valid concerns about the change. Change is never perfect. That said, the preponderance of evidence suggests that reasons for concern, in this case, are far less compelling than the reasons for the change. With respect to how does election by district voters relate to selecting the mayor: The short answer is If we were to elect district council members in the way everyone else does, by district voters, this is fully compatible with both mayoral selection methods. Selection by Council: Even though there would be a much greater difference in vote count, at -large vs. district, than exists now: • The current selection method is meant to be merit -based not vote count -based. • The argument for the current method is that the council members best know each other and can best decide who would make a good mayor based on that knowledge. In this method, no one should be ranked and/or discriminated against because of vote count. If that happens, it's the application of the method that should be fixed not the way district council members are elected. So, as long as the current method is used appropriately, there will be no conflict with election of district council members by district voters. Selection by popular vote: Similarly, there is no conflict between electing district council members by district and directly electing the mayor should that someday be the majority preference. The easiest way to have both is to: • Have one at -large seat be a mayoral seat. • Have three at -large council seats. • Have three district seats. • The total number of council members would remain the same (7 members) and the ratio of council members elected at -large vs. by district would remain 4:3. Moreover, the model city charter which assumes district council members are elected by district voters tells us that roughly half of charter cities select the mayor by the council and roughly half select the mayor by popular vote. If either of those combinations was problematic, I think the experts would have clued us in. Final statement: I would respectfully argue that there are compelling reasons to support electing district council members by district voters and the reasons for concern are far less compelling. In other words, we should not be afraid to act in response to the compelling reasons for change. Rather, we should take this opportunity to make a change that is designed to provide many valuable benefits to the people of our city. The following is a working draftofproposed omendments as of October 8. 2024 to the lowo City Charter by the Charter Review Commission. The Commission has riot finalized the pror2osol and all Potential ramendrnents are subject to change. IOWA CITY CHARTER ' Preamble Definitions Article I. Powers 9of Tthe City § 1.01. Powers Qqf Tthe City. § 1.02. Construction. § 1.03. Savings Clause. Article II. 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 nd Regular Election § 3.01. Nomination. § 3.02. Primary Election. § 3.03. Regular City Election. Article IV. City Manager § 4.01. Appointment; Qualifications. § 4.02. Accountability; Removal. Page 1 The following is a avorking draft of groposed amendments as of October S. 2024 to the Iowa City Charter by the Charter Reviewv Commission. The Commission has not finalized the proposal and all potential amendments are sub,iect to change. § 4.03. Absence; Disability f City Manager. § 4.04. Duties --f City Manager. § 4.05. Ineligibility; Prohibited Acts. Article V. Boards, Commissions Aand Committees § 5.01. Establishment. § 5.02. Appointment; Removal. § 5.03. Rules. Article VI. Campaign Contributions Aand Expenditures § 6.01. Limitations Bon The Amount 9of Campaign Contributions. § 6.02. Disclosure 9of Contributions Aand Expenditures. § 6.03. Definition. § 6.04. Violations. Article VII. Initiative nd Referendum § 7.01. General Provisions. § 7.02. Commencement f Proceedings, Affidavit. § 7.03. Petitions; Revocation 9of Signatures. § 7.04. Procedure. fter Filing. § 7.05. Action Oon Petitions. § 7.06. Results Bof Election. § 7.07. Prohibition n Establishment 9of Stricter Conditions Bor Requirements. Article VIII. Charter Amendments Aand Review § 8.01. Charter Amendments. § 8.02. Charter Review Commission. Notes 1. The home rule harter 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. Page 2 The following is a vvorkina draft ofjyoposed amendments as of October 8. 2024 to the lovva City Charter by the Charter Review Commission. The Commission has not finalized the proposal and all potential amendments are subiect to chancle. 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 c-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, strongael_i4eal leadership, public engagement, diversity and inclusiveness, regional cooperation, and fair and effective stewardship of our unique environment. Furthermore, adoption of this Charter recognizes the following principles: 1. Resident participation on an equitable and inclusive basis as part of the process of_+e democratic self-government. a. Each individual shall have an opportunity to participate in the life of the CitX, including economic, cultural and intellectual. h. 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 pti4W+W46 and practices of due process, equal protection under the laws, and protection of the.; individual liberties pret-ecle4 granted by the c-Constitution of the United States, the $State of Iowa, and by local ordinances. 4. Civility and responsiveness by c-City employees in their interactions with the public. (Ord.15-4621, 5-19-2015) DEFINITIONS As used in this c-Charter: 1. "City" means the c-City of Iowa City, Iowa. 2. "City ECouncil" or "eCouncil" means the governing body of the ECity. 3. "Council member" means a member of the Council, including the MMayor. 4. "Shall" imposes a duty. S. "Must" states a requirement. Page 3 The following is a working draft of proposed amendments as of October S, 2024 to the Iowa City Charter by the Charter Review Commission. The Commission has notfir7alized 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 I. POWERS OF THE CITY Section 1.01. Powers Oof he City The ECity has shall have all powers possible under the constitution and laws of this state. (Ord. 76-2792, 1-2-1976) Section 1.02. Construction. The grant of power to the c-City under this harter is intended to be broad; the mention of a specific power in this c-Charter is not intended to be a limitation on the general powers conferred in this article. (Ord. 76-2 792, 1-2-1976) Section 1.03. Savings Clause. If any provision of this c-Charter, or the application of this harter to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this harter. (Ord. 76-2792, 1-2-1976) ARTICLE II. CITY COUNCIL Page 4 The following is a ivorking draft of proposed amendments as of October8, 2024 to the lotvo City Charter by the Charter Review Commission. The Commission has not finalized the proposal and all potential amendments are subject to chancre._ Section 2.01. Composition. The c-City cCouncil consists of seven members. As provided in aArticle III, four, to be known as c-Council_members at_ large, are to be nominated by eligible electors of the c-City at= large, and three, to be known as district ECouncil members, are to be nominated by eligible electors of their respective districts. All ECouncil members shall be elected by the qualified electors of the c-City at --large. (Ord. 85-3273,12-17-1985) Section 2.02. Division Into Council Districts. The ECouncil, by ordinance, shall divide the c-City into three ECouncil districts of substantially equal population. These districts are to be designated as ECouncil dDistrict A, ECouncil dDistrict B, and ECouncil dDistrict C. (Ord. 76-2792,1-2-1976) Section 2.03. Eligibility. To be eligible to be elected to and to retain a ECouncil position, a person must be an eligible elector of Iowa City, and if seeking or elected to represent a ECouncil district, must be an eligible elector of that ECouncil district. (Ord. 05-4152, 3-1-2005) Section 2.04. Terms. At the first election under this c-Charter, all seven ECouncil members are to be elected; the ECouncil-member from ECouncil 4District A, ECouncil 4District 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 ECouncilmembers are to serve for terms of two years. Commencing at the next regular c-City election, and at all subsequent regular c-City elections, all ECouncilmembers elected to fill the positions of those whose terms expire shall be elected for terms of four years. (Ord. 76-2792, 1-2-1976) Section 2.05. Compensation. The ECouncil, by ordinance, shall prescribe the compensation of the _.ayor and the other ECouncil members. The ECouncil shall not adopt such an ordinance during the months of November and December immediately following a regular c-City election. (Ord. 05-4152, 3- 1-2005) Section 2.06. Mavor. A. Immediately following the beginning of the terms of ECouncil members elected at the regular ity election, the eCouncil shall meet and elect from among its members the ayor and _ayor {Pro tTem for a term of two years. (Ord. 85-3227, 3-12-1985) Page 5 The jollowhig is a workitig draft of pror)osed amendments os of'Cctober 8, 2024 to the Iowa City Charter by the Charter Review Commission. The Commission has not finalized the 1)roposal and all potential amendments are subject to churjne. B. The mM.ayor is a voting member of the ECouncil, the official representative of the ity, presiding officer of the ECouncil and its policy spokesperson. The MMayor may add items to the ECity ECouncil agenda. The _ayor shall present to the ECity no later than February 28 an annual sState of the ity message. (Ord.15-4621, 5-19-2015) C. The mMayor pPro tTem shall act as mMayor during the absence of the ayor. (Ord. 85-3227, 3-12-1985) Section 2.07. General Powers Aand Duties. All powers of the ECity are vested in the ECouncil, except as otherwise provided by state law or this ECharter. (Ord. 85-3227, 3-12-1985) Section 2.08. Appointments. A. The ruouncil shall appoint the ECity 4i4Manager. B. The ECouncil shall appoint the ECity EClerk. (Ord. 85-3227, 3-12-1985) C. The ECouncil shall appoint the ECity aAttorney. (Ord. 95-3671, 3-28-1995) D. The City Manager shall appoint the Chief of the Police Department and the Chief of the Fire Department, subiect to approval of the Eft Council. DE. The ECouncil shall appoint all members of the ECity's boards, except as otherwise provided by state law. (Ord. 85-3227, 3-12-1985) IQ The "ouncil 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 ley -cam ce l a •may managei- must be made according to job -related criteria and be consistent with nondiscriminatory and equal employment opportunity standards established pursuant to law. (Ord. 95-3671, 3-28- 1995) Section 2.09. Rules; Records. The ECouncil may determine its own rules and shall maintain records of its proceedings consistent with state law. (Ord. 76-2792, 1-2-1976) Section 2.10. Vacancies. The ECouncil shall fill a vacancy occurring in an elective ECity office as provided by state law. (Ord. 76-2792, 1-2-1976) Page 6 The following is a working draft of12roposed amendments as of October8, 2024 to the lo>va City Charter by the Charter Review Commission. The Commission leas riot finalized the proposal and all potential amendments are subiect to chancre. Section 2.11. Council Action. Passage of an ordinance, amendment or resolution requires a majority vote of all the members of the eCouncil except as otherwise provided by state law. (Ord. 05-4152, 3-1- 2005) Section 2.12. Prohibitions. A. A eCouncilmember may not hold any other c-City office or be a c-City employee or elected county official while serving on the eCouncil nor hold any remunerated c-City office or employment for at least one year after leaving the eCouncil. (Ord. 76-2792, 1-2-1976) B—�4ti�-�e-e�ee�tiee-ei"t-he ep#ei-rat-r�er� of �eeki-}e €$€ �kie�e#�e-�e{�e�-a�c-ki�e# of e e fle�en ki e1} e e jee tea a{ Ise Ei Eee ei1 tieAh++-t-he c9u nc4 +����- T er"'rrv"°•�--mate, +r}arm-+�r,-�he�i3���e�e�-�-e+a�e�a�-�keny-�>•ser� �a�ge+�rtrri+�ieg-te-�eep�e-}t}�e��$r-+�e�a�ef�c�e-1•i-er��le�+ee-�8�#-9-5-41�; �-�- 2995,) With the exception of powers wovided iri Section 2.08, a Council member may dictate, in any manner, the appointment or removal of any City employee. However, the Council may express its views tee#eepe+ieutkier3e+taiigte-eaei+et} +eea�e�€€eh-emlee pertaining to the appointment or removal of such employee to the Council appointee under whom the employee works. (City Manager. City Attorney, City C L, C. the--,H ends-ion-4P-44eet+e4-e€eny-pew appoe 1 etude-tkieeee{ $eeiaa;ea-{8#--�7�;� 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 ouncil district may become a candidate for a eCouncil district seat by filing with the Johnson County cCommissioner of eGlections a valid petition requesting that *i-ser-4e+--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 less -fewer than sixty-eight (68) days before the date of the election. Unless otherwise provided by state law, the petition must be signed by eligible electors from the Page 7 The following is o working draft ofvroposed amendments os oLOctober8, 2024 to the lovva City Charter by the Charter Review Commission. The Commission has not finalized the r� offal and all potential amend rients aresubiect to chan 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 c-City election, but not than ten (10) persons. B. An eligible elector of the ECity may become a candidate for an at -large eCouncil seat by filing with the Johnson County c-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 (8S) days nor k—,,sfewer_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 ity election, but not es -,few e than ten (10) persons. (Ord.1S-4621, 5-19-2015) Section 3.02. Primary Election. A. If there are more than two candidates for a eCouncil district seat, a primary election must be held for that seat with only the qualified electors of that eCouncil district eligible to vote. The names of the two candidates who receive the highest number of votes in the primary election are to be placed on the ballot for the regular eCity election as candidates for that eCouncil seat. (Ord. OS-41S2, 3-1-2005) B. If there are more than twice as many candidates as there are at large positions to be filled, there shall be a primary election held unless the eCouncil, by ordinance, chooses to have a run-off election. (Ord. 85-3227, 3-12-1985) Section 3.03. Regular City Election. A. In the regular c-City election, each eCouncil district seat up for election shall be listed separately on the ballot and only the names of candidates nominated from that ouncil 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 __. strict A, ouncil dDistrict B and "ouncil dDistrict C and each shall be elected at- large. B. The at --large eCouncil seats shall be designated on the ballot as such. (Ord. 85-3227, 3- 12-1985) ARTICLE IV. CITY MANAGER Page 8 The folloivina is a vvorkiaU draft of )roposed omeptdments os of October 8, 2024 to the lovva City Charter by the Charter Review Commission. The Commission has not finalized the l)ropasal and all 11otential amendments are subject to charaae. Section 4.01. Appointment: Qualifications. In appointing a c-City mManager, the ECouncil shall consider only the qualifications and fitness of the person without regard to political or other affiliation. During 4is er e-F e'r tenure the c-City mlvlanager shall reside within the c-City. (Ord. 76-2 792, 1-2-1976) Section 4.02. Accountability: Removal. A. The c-City Manager is under the direction and supervision of the ECouncil and holds office at its pleasure. A c-City fHManager 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 c-City mManager, the ECouncil shall appoint an individual qualified to perform the duties of c-City ., ,- _ anager to serve at the pleasure of ouncil or until a ity __._anager is appointed. (Ord. 76-2792, 1-2-1976) Section 4.03. Absence: Disability )of City Manager. The c-City Manager may designate a qualified c-City employee as acting ECity mManager to perform 4is of r-their duties during a temporary absence or disability. If the c-City iRManager does not make such a designation, the ECouncil shall appoint a qualified c-City employee to perform the duties of the c-City PaManager until lie-or-abe-they.returns. (Ord. 76-2792, 1-2-1976) Section 4.04. Duties f City Manager. A. The c-City Manager shall be chief administrative officer of the c-City and shall: (1) In-&u-FeEnsure that the laws of the c-City are executed and enforced. (2) Supervise and direct the administration of c-City government and the official conduct of employees of the c-City appointed by the c-City mManager including their employment, training, reclassification, suspension or discharge as the occasion requires, subject to state law. (3) Appoint the c-Chief of the Vf'olice d-Department and the hief of the €Fire d-Department with the approval of the c-City ECouncil. (4) Supervise the hief of the pRolice dDepartment and hief of the Wire 'Department, including their suspension or discharge as the occasion requires. Such supervision shall not be subject to approval of the c-City ECouncil. (5) Appoint or employ persons to occupy positions for which no other method of appointment is provided by state law or this c-Charter. Page 9 The,£ollowing is oyvorkimi draft of proposed amendments as of October S, 2024 to the lows City -Charter by the Charter Review Commission. The Commission has riot finalized the proposal and all potential amendments are subject to change. (6) Supervise the administration of the c-City personnel system, including the determination of the compensation of all ity employees appointed by the cCity ii�Manager subject to or this c-Charter. (7) Supervise the performance of all contracts for work to be done for the cCity, supervise all purchases of materials and supplies, and assure that such materials and supplies are received and are of specified quality and character. (8) Supervise and manage all public improvements, works and undertakings of the cCity, and all 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 ity. (10) Provide for the issuance and revocation of licenses and permits authorized by state law or c-City ordinance and cause a record thereof to be maintained. (11) Prepare and submit to the ouncil the annual budgets in the form prescribed by state law. (12) Provide the c-Council an itemized written monthly financial report. (13) Attend c-Council meetings and keep the c-Council fully advised of the financial and other conditions of the ity 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 ity 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 c-City oitv,anager, in performing the foregoing duties, may: (1) Present recommendations and programs to the c-Council and participate in any discussion by the ouncil of any matters pertaining to the duties of the cCity 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 ity when authorized by the ouncil. (Ord. 85-3227, 3-12-1985) Page 10 The following is a ivorkina draft o,oroposerf amendments as ofOctober-S. 2024 to the Iowa City Charter by the Charter Review Commission. The Commission has not finalized the proposal and all potential amendments are subject to chary Section 4.05. Ineligibility; Prohibited Acts. Except for the exercise of the right to vote, the eCity FaManager shall not take part in any election of eCouncilmembers. This prohibition shall in no way limit the eCity Manager'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 ommunity p-Police f.Review oard, the _ ouncil 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 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 ommunity Police eReview bl3oard, 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 olice 4Department; and 2. To make recommendations regarding such policies, practices, and procedures to the City eCouncil; any 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 ouncil shall, subject to the requirements of state law, seek to provide broad representation on all boards. The ouncil shall establish procedures to give at least thirty days' notice of vacancies before they are filled and shall encourage applications by residents. Council procedures for the removal of members shall be consistent with state law. (Ord. 05-4152, 3-1-2005; amd. Ord. 15-4621, 5-19-2015) Page 11 The following is a working draft of proposedamend men is as of October 8, 2024 to the Iowa City Charter by the Charter Review Commission. The Commission has not finalized the proposal acid all potential amendnieiits are subiect 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 eCouncil shall specify, for each board, methods for informal and formal communication with eCouncil, time schedules for the completion of reports requested by eCouncil and such rules as it deems appropriate. C. A board may establish additional rules and procedures that are consistent with state law, ouncil rules, and this harter. (Ord. 76-2792, 1-2-1976) ARTICLE VI. CAMPAIGN CONTRIBUTIONS AND EXPENDITURES Section 6.01. Limitations Son Tthe Amount G, f Campaign Contributions. The + ouncil, 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) Section 6.02. Disclosure Gof Contributions bland 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 c-Code of Iowa. (Ord. 05-4152, 3-1-2005; amd. Ord.15-4621, 5 19-2015) Section 6.04. Violations. The eCouncil, by ordinance, shall prescribe: (1) penalties for the violation of the contribution limitations and disclosure requirements it establishes pursuant to this 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) Page 12 The Following is a working draft ofj)rohosed amendments as of October 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._ 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. (2) Referendum. The eligible electors have the right to require reconsideration by the ECouncil of an existing measure and, if the ECouncil fails to repeal such measure, to have it submitted to the voters at an election. (3) Definition. Within this article, "measure" means all ordinances, amendments, resolutions or motions of a legislative nature, however designated, which (a) are of a permanent rather than temporary character and (b) include a proposition enacting, amending or repealing a new or existing law, policy or plan, as opposed to one providing for the execution or administration of a law, policy or plan already enacted by ECouncil. B. Limitations. (1) Subject Matter. The right of initiative and referendum shall not extend to any of the following: (a) Any measure of an executive or administrative nature, including, but not 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. (0 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 ECity zoning ordinance or the land use maps of the comprehensive plan, including the district plan maps. (k) Public improvements subsequent to ECity ECouncil action to authorize acquisition of property for that public improvement, or notice to bidders for that public Page 13 The following is a working draft o,Eproposed amendments cis of October 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 chaa(e. 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 ouncil 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 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 Aof Proceedings: Affidavit.. A. Commencement. One or more qualified electors, hereinafter referred to as the "petitioners," may commence initiative or referendum proceedings by filing with the ity Page 14 The following is o tyorhina draft of proposed amendments os of October8, 2024 to the lowo City Charter by the Charter Review Commission. The Commission has not finalized the laroposcd rind all potential urnendtnents are s►►biect to chance. lerk an affidavit stating they will supervise the circulation of the petition and will be responsible for filing it in proper form, stating their names and addresses and specifying the address to which all relevant notices are to be sent, and setting out in full the proposed initiative measure or citing the measure sought to be reconsidered. B. Affidavit. The ecity EClerk shall accept the affidavit for filing if on its face it appears to have signatures of one or more qualified electors. The eCity EClerk shall issue the appropriate petition forms to the petitioners the same day the affidavit is accepted for filing. The c-City eClerk shall cause to be prepared and have available to the public, forms and affidavits suitable for the commencement of proceedings and the preparation of initiative and referendum petitions. (Ord. 05-4152, 3-1-2005) Section 7.03. Petitions: Revocation 8of Signatures. A. Number 8of Signatures. Initiative and referendum petitions must be signed by eligible electors equal in number to at least ten percent (10%) of the number of persons who voted in the last regular eCity election, but such signatures of eligible electors shall be no fewer than ten. (Res. 16-258, 8-29-2016)[November 2016 Special Election] B. Form Aand Content. All papers of a petition prepared for filing must be substantially uniform in size and style and must be assembled as one instrument. Each person signing shall provide, and the petition form shall provide space for, the signature, printed name, address of the person signing and the date the signature is executed. Petitions prepared for circulation must contain or have attached thereto throughout their circulation the full text of the measure proposed or sought to be reconsidered. The petition filed with the eCity lerk need have attached to it only one copy of the measure being proposed or referred. C. Affidavit 8of Circulator. Each paper of a petition containing signatures must have attached to it when filed an affidavit executed by an eligible elector certifying: the number of signatures on the paper, that 4e-e�-slae-they-the elector personally circulated it, that all signatures were affixed in 4j-s-o44- the elector's -presence, that #e e 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 Page 15 The followiricq is a working draft of proposed amendments as ol'October 8. 2024 to the Iowa City Charter by the Charter Review Commission. The Commission has not fitralized the l)roposol and all potential amendments are sabiect to change subsequently at any time more than two years after such final adoption. The signatures on a referendum petition must be secured during the sixty days after such final adoption; however, if the petition is filed more than two years after final adoption, the signatures must be secured within six months after the date the affidavit required under -sSection 7.02A was filed. F. Revocation 8of Signature. Prior to the time a petition is filed with the cCity c-Clerk, a signatory may revoke h4s or- h -r-their signature for any reason by filing with the sCty c-Clerk a statement of h4-s-,ff-he-r-their intent to revoke ►� -4+er- their -signature. After a petition is filed a signatory may not revoke' is or— h -r-their signature. The c-City 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 Aofter Filin A. Validity eof 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 c-City c-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 cCity � lerk within five working days after the petition is received. B. Hearing Son Objections; Objections Committee. Written objections timely filed with the eCity c-Clerk shall be considered by an objections committee made up of the MMayor and c-City cClerk and one member of the eCouncil chosen by the c-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 bylaw, court review of the e0bjections c-Committee's actions shall be by writ of certiorari. (Ord. 15-4621, 5-19-2015) Section 7.05. Action Son Petitions. A. Action 8b y Council. When an initiative or referendum petition has been determined valid, the-'ouncil shall promptly consider the proposed initiative measure or reconsider the referred measure. If the c-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 cCouncil fails to repeal the referred measure within thirty days after the date the petition was finally determined valid, it shall submit the proposed or referred measure to the qualified electors of the c-City as hereinafter prescribed. If at any time more than thirty days before a scheduled initiative or referendum election the c-Council adopts the proposed initiative Page 16 The following is a tiuorkinea draft opposed amendments ors of October8. 2024 to the Iowa City Charter by the Charter Review Commission. The Commission has not finalized the lrroposal and all Potential amendments are subject to change._ measure or adopts a measure which is similar in substance or if the eCouncil repeals a referred measure, the initiative or referendum proceedings shall terminate and the proposed or referred measure shall not be submitted to the voters. B. Submission o Voters. (1) Initiative. The vote of the eCity on a proposed measure shall be held at the eeg �It�e�ien r age e kel�c ie iaccul,s-first legallXLpermissible election date more than forty days after the expiration of the sixty day period provided for consideration in sSection 7.05A, provided that the initiative petition was filed no less -fewer than 80 days prior to the deadline imposed by state law for the submission of ballot questions to the eCommissioner of eElections. (2) Referendum. The vote of the eCity on a referred measure shall be held at the eg�rla+e yelee ie ere ege e lel�cfi�e - '� • teeE s-first legalIXLpermissible 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 fewi than 50 days prior to the deadline imposed by state law for the submission of ballot questions to the eCommissioner of eElections. The eCouncil may provide for a special referendum election on a referred measure any time more than 120 days after the filing of the referendum petition with the eCity 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 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 ouncil, 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 9of Stricter Conditions 9or Requirements. Page 17 The following is a working draft of proposed amendments as of October8, 2024 to the Iowa City Charter by the Charter Review Commission. The Commission has notfrnahzed the proposal and all potential amendments are subject to change._ 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 First legally_permissible election date consistent with Section 7.05(B) of this Chartera &peeili ty eleein, and the proposed amendment becomes effective when approved by a majority of those voting. B. The eCouncil, by ordinance, may amend the eCharter. However, within thirty (30) days of publication of the ordinance, if a petition valid under the provisions of section 362.4 of the ode of Iowa is filed with the eCouncil, the eCouncil must submit the amending ordinance to the voters at L-he first legallypermissible election date consistent with Section 7.05(B1 of tiiis Charter-a4pee"-eiiy-!Eieetisr, and the amendment does not become effective until approved by a majority of those voting. C. If a petition valid under the provisions of section 362.4 of the eCode of Iowa is filed with the eCouncil proposing an amendment to the eCharter, the eCouncil must submit the proposed amendment to the voters at the First legallyi2ei-miscible election date consistent with Section 7.05(B,) of this Chai-tera--s+)eeia4-c-ibE�lec4i,-#R, 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 rticle V, shall establish a eCharter tReview eCommission at least once every ten years following the effective date of this harter. The :Commission, consisting of at least nine members, shall review the existing -"barter and may, within twelve months recommend any eCharter amendments that it deems fit to the eCouncil. The eCouncil shall either exercise its power of amendment pursuant to &Section 8.0113 of the eCharter on a matter recommended by the 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 18 The followings is a wor-khig draft oyroposecl amendments as of October 8, 2024 to the Iowa City Charter by the Charter Review Commission. The Commissioaj has riot finalized the laroposal and all potential amend» nen is are subject to change. 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 ECharter: 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 6.0 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- 2.0613, 2.08C,E, 3.01A, 6.01, 7.04D 1995 05-4152 3-1- Definitions 11,12, 2.03, 2.05, 2.11, 2.1213, 3.01A, 3.02A, 4.04A, 2005 5.02, 5.03A, 6.02, 6.03, 6.04, 7.01, 7.02, 7.03B,C,E, 7.04A,B,C, 7.05, 7.06, 8.01, 8.02 Res.07-262 8-31- 5.01 2007 Page 19 The, ollowinq is a working draft ofproposed amendments as of October8, 2024 to the lawn City Charter by the Charter Review Commission. The Commission has not finalized the proposal and all potential ameticlrnents are subject to change. 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 20