HomeMy WebLinkAbout2024-11-25 Charter Review Commissionk%
CHARTER REVIEW COMMISSION
Monday, November 25, 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 11/07/2024
3. Motion to Accept correspondence (if any)
4. Staff response to Commission questions previously posed
5. Staff proposal regarding Special Elections following Petitions
6. Review of Iowa City Charter Working Draft
7. Motion approving language regarding Mayoral election
8. Motion approving language regarding district representative elections
9. Motion approving Iowa City Charter Working Draft
10. Discussion regarding the Report of the 2024-2025 Iowa City Charter Review Commission to
City Council
11. Tentative Meeting Schedule — 2nd Tuesday and 4th Thursday @ 5:30 p.m., upcoming
tentative meeting dates as follows:
Tuesday, December 3
Tuesday, December 17
12. 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 cr.iowa-
city.ora.
13. 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
November 7, 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 (5:45 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 Hayek, seconded by Patel to approve the October 24 draft minutes as
presented. Motion carried 8-0, Maliabo absent.
3. Motion to Accept Correspondence
Moved by Hayek, seconded by Deeth to accept correspondence from Vicki Lensing,
Terry Dickens, and Paul Burns. Motion carried 8-0, Maliabo absent.
4. Review of City Charter: Section 2.02 Division into Council Districts
Chair Balmer stated he would like to have all Commissioners express their particular point of
view and noted he thought the alternatives were (1) maintain what is currently in place (2)
district voters vote on district candidates (3) consider more districts. Commissioner Hayek
requested discussion to be moved to later on in the agenda to allow Commissioner Maliabo
to be present. Commissioners agreed to move to item 5, Voter Engagement.
5. Voter Engagement
Chair Balmer mentioned there had been many things proposed to encourage voter
engagement and he felt the League of Women Voters had always been a good vehicle for
that but that they didn't seem to be as engaged as they used to be. Commissioner Patel
noted that the League had been involved in voter registrations but have had issues with
candidate forums and parties not participating. Commissioner DeRoo stated Greater Iowa
City creates a voter's guide every year where they send questions to candidates and share
those responses. The guide also includes other information on how to register, deadlines,
locations, and how to find your polling place. DeRoo also noted the Downtown District will
go through an interview process with candidates for the Iowa City Council seats and
compare the candidates to the legislative priorities for the downtown that they've laid out
and shared with them in advance. Patel also stated the League of Women Voters sends out
a questionnaire where the responses to the questionnaire are published on the National
League website called Vote411. Commissioner Deeth stated Farm Bureau has had forums
in the past. Vice Chair Kucera stated she liked the information from Greater Iowa City
because it was nonpartisan, fact -checked, and a great tool to give to the youth to educate
Charter Review Commission
November 7, 2024
Page 2
them and try and get them engaged. Kucera stated that the recommendation to Council
should include an education process that is multi -generational. Deeth mentioned that the
participation in the last few City elections has slipped and believes one of the factors is there
have been fewer candidates. Kucera suggested a multi -generational task force to help with
voter engagement or a professor at the University with a background in politics that could
help with education. Commission Craig suggested the focus should be county -wide and
DeRoo suggested a multimodal dialogue which includes videos. Individual Commission
members expressed their views.
4. Review of City Charter: Section 2.02 Division into Council Districts [continued]
Chair Balmer noted that in 1975 when the City Council changed from a five -person at -large
to a seven -person hybrid, four at -large and three districts, he ran for Council and had to
explain to a lot of people who were initially confused about the voting process. Once he
explained he thought they understood and feels the process has worked well. Balmer
stated he wanted to hear from each Commissioner and what their thoughts were.
Commissioner Patel stated the problem with the current system is that people don't see how
important City government is so there is a lack of participation. Patel said that an example of
this are the areas of the City where less than 10% of the people vote and there is no control
over the causes, such as the downfall of local reporting and lack of education on how
government works. Patel stated the only thing we have control over is how district Council
members are elected and the measure is the voting rates and the number of people running.
Patel recommends the election of district Council members by the district and stated this will
help with participation because when you have a small area it costs less in time and money
so more people will be able to participate as a candidate. Currently when a candidate runs
city-wide it is at a greater cost and within a district it's possible for the candidate to knock on
every door. Since the candidate can meet most of the people in the district, a closer
relationship can develop with the citizens which allows them to have better insight to how
City government works and how important it is and how to contact them. They can also
contact their Council member if they have ideas on how to improve the City. Patel stated
there are problems with representation and noted it is a natural reaction to return the calls of
people you know, and active citizens get their calls returned without regard to where they
live. Those citizens tend to have more resources than citizens who are less active and with
the division of the City by social classes, areas with a higher social class tend to get more
attention. With fewer primaries, district citizens don't have any more say in who represents
them than anyone else in the City. Patel stated that the current system has Council
members being elected at -large and district members with a residential requirement,
therefore we do not have district members in the traditional meaning. Patel recommended a
hybrid with four at -large representatives and three district representatives who are elected
by the district.
Chair Blamer thanked Commissioner Denning for her memo which was included in the
November 7 meeting packet and asked if she had anything additional to add. Commissioner
Denning recommended a task force with content experts to research and make
recommendations for the number of districts the City should have. Denning stated she was
in favor of remaining at three districts. Denning also noted that the City is not homogeneous
and districts have distinct characteristics and the people living in a district need an advocate
who will focus on them and act as their representative. Denning said she believes in electing
district Council members by district but wanted to note one issue that had not been
discussed which was the issue of Fundamental Voting Rights. Denning stated in a
representative democracy a critical element is the people have the right to elect their
Charter Review Commission
November 7, 2024
Page 3
representative and in a district system the people in the district have that fundamental right,
not the people around them. Denning referenced a memo where she stated one of the
values of districts is you can prevent diluting minority voting power. Denning stated the
current system dilutes the voting power of every single voter in every single district. Denning
also stated that it didn't matter what her opinion or preference was but that it is simply true
that election of district Council members by district voters is the right way to do it and noted
the benefits. Individual Commission members discussed whether the current system dilutes
the fundamental voting rights of district members or if the election of district Council
members by district voters dilutes the voting rights of those outside the districts.
Commissioner Deeth stated he had a vision of what the City Council should be coming onto
the Commission such as a larger body with much smaller districts, only the districts electing
their representative, and a specific agenda wanting a student on the Council. Deeth noted
that within the three districts every district has some students, seniors, homeowners, and
renters which creates good diversity within each district. Deeth stated he liked the argument
of simplicity but changing to electing by 1/3 of Iowa City from all of Iowa City is a minor
repair, unless you have 11 to 15 members being elected by the districts you are not going to
change the diversity that much. Deeth noted he was unsure where he stood on the issue
and his big picture goal of getting a student on the Council has been set back again.
Individual Commission members expressed their views.
Commissioner Craig stated that she originally felt they needed to fix the confusion on how
Iowa City voted for Council members but after reviewing the Charter and discussions with
the Commission she had a simple explanation, there are three districts to ensure geographic
representation. Craig said you can find neighborhoods where voting is well below the
average of other precincts but it's not the whole district. Craig stated that you couldn't look
at a neighborhood and say they are not represented because they are represented by seven
people (Councilors) and disagrees that it diminishes their voting power if they don't get to
have a single representative.
Commissioner DeRoo stated she agreed there could be the claim that the current system is
confusing, but the simplest system is not always the best and it is a compromise that
ensures district representation. DeRoo stated that she doesn't agree with the argument that
a direct election would solve the issue of voter participation and is not a quick fix, it's
complicated, needs education, and practical systems like people being able to get off work
or have transportation to get to the polls. DeRoo noted she felt those strategies would be
more effective than a systemic change. DeRoo stated she thought that changing the system
does have a risk of parochialism, the idea is that they are an advocate for that district and in
a larger city that could be a need and the benefits could outweigh the risks but does not see
that in a city of our size. DeRoo said based on the discussion at the last meeting regarding
the current Mayoral selection process having districts direct elected by only 1/3 of the City
causes an issue because of a difference in mandate. A district representative mandate is to
represent the district, and for the Mayor the mandate is to represent the entire City which
could potentially cause tension.
Vice Chair Kucera stated she feels like there is geographic representation and noted some
of the information given regarding why people choose not to vote needs to be looked at
because we don't know the reason why and changing the system won't change voter
participation. Kucera said she feels like the current system is working well right now and
Iowa City is still small enough that those voting within a district for elections are still voting
on City-wide issues too and not just within their district. Kucera noted the current system is
Charter Review Commission
November 7, 2024
Page 4
working well for the City and people are represented and if a change is needed they should
dig deep into why people don't want to vote to help them with those answers.
Commissioner Maliabo stated she thinks the system works right now and she personally
knows all of the Council members and has seen them represent the City and districts that
are not theirs. Maliabo said she likes the ability to vote for all seven and not just for a district.
While having three districts and a representative you can go and talk to is also good but the
system we currently have works and she is in favor of keeping it. Vice Chair Kucera added
that the idea people want to talk to their district representative is really not how it works, and
she is going to go to whatever Council member she feels most comfortable talking to and
who has the same values as her.
Commissioner Hayek stated what we have works well and doesn't see a compelling reason
to change. Hayek noted there are three fairly even districts that get reworked every decade
with the Census so it's not a static geographic system that is used. Hayek said within the
three districts he sees great variation within each one and the vast majority of what Council
votes on affects the entire community and the more they can involve the entire public in
voting for the seven people who are making the decision that are affecting the entire
community the better. Hayek noted he also feels it's fair to allow each citizen to have a say
in the seven seats that get filled and he would not want to create a system that creates less
of an incentive for an elected official to respond to a constituent if they do not live in the
district of that official. Hayek remarked there are no districts for the School Board or the
County and as far as the issue of confusion, more voter education is needed. Hayek stated
he likes the current system because whether he likes or dislikes what is being said by a
Councilor he is assured that he will have a chance at the next election to vote either for or
against them. Hayek noted that if district Councilors were elected solely by district residents,
it would be possible for a district Councilor to be elected Mayor without 2/3 of the City ever
having any say in the selection of that Councilor
Commissioner Patel said instead of saying "Council member District A" it should be "Council
member from District A". Patel noted everyone represents the whole City and we don't have
district Council members, we have a Council member from a district. Commissioner DeRoo
asked Patel if she thought the current language misrepresented the system and if that was a
problem. Individual Commission members expressed their views.
Chair Balmer thanked the commissioners for sharing their views and stated he was
comfortable with what we have and stated his concern was the number of candidates
running for Council, noting there are district seats going uncontested with regularity and
rarely have primaries for at -large seats. Balmer said while the current system may initially be
confusing, he as a voter wants the opportunity to vote on each one of the individuals as they
will be making decisions that affect the entire City. Balmer noted Iowa City is still small
enough that it's not parochial and the current Council is very diverse. Balmer stated that
after discussion it appeared that the majority were in favor of no change to the present
system.
Commissioner Craig proposed language to clarify the confusion of districts in Section 2.01
Composition, suggesting "The purpose of district divisions is to ensure City-wide geographic
representation on the Council." before the last sentence. Individual Commission members
expressed their views. Commissioner Deeth wanted to add to his prior comments and stated
that a good public official serves the good of the whole community whether or not the
constituent is in their district. City Attorney Goers confirmed there was a majority that wanted
to adopt the proposed language from Commissioner Craig. Commissioners agreed and
Charter Review Commission
November 7, 2024
Page 5
asked City Attorney Goers to review the proposed language and make any necessary
changes.
Commissioner Craig noted an article in the Press Citizen regarding the previous discussion
of Mayoral elections, stating the information was accurate but she felt it misrepresented the
facts of the process and made it sound like it was a done deal. She requested someone
write a letter to the Press Citizen to clarify. Individual Commission members expressed their
views.
6. Tentative Meeting Schedule
Chair Balmer stated he hopes to wrap up deliberations in December and send the report to
the City Council. Balmer stated he would like himself, Vice Chair Kucera and Commissioner
Hayek to draft the report for the Commission to review.
Balmer reminded the Commission that the next meeting was on Monday, November 25 and
asked if everyone was available. Commissioner Craig asked if there would be a final
working draft of the Charter to review on the 25th and a vote on the proposed changes, then
the following meetings could be focused on the report. Commissioners agreed to the
timeline.
Commissioner Patel asked if there had been a consensus to recommend a task force to
look at voter engagement. Commissioner Hayek stated he wasn't sure if a task force was
needed but they should encourage the Council to take actions deemed appropriate and
solicit other local governments county -wide to look at voter engagement. Commissioner
DeRoo suggested it should be discussed at a Joint Entities meeting.
7. Community Comment
No one appeared.
8. Adiournment:
Moved by Kucera, seconded by Maliabo to adjourn the meeting at 7:02 p.m. Motion
carried 9-0.
Charter Review Commission
November 7, 2024
Page 6
Charter Review Commission - 2024
ATTENDANCE RECORD
TERM
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John Balmer
4/1/25
X
X
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
X
X
John Deeth
4/1/25
X
X
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
X
X
Mackenzie DeRoo
4/1/25
X
X
O/E
X
X
X
X
X
X
X
X
X
Matt Hayek
4/1/25
X
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
X
Bijou Maliabo
4/1/25
X
X
X
O/E
X
X
X
X
X
X
X
X
Jennifer Patel
4/1/25
X
X
X
X
O/E
X
X
X
X
X
X
X
Key:
X = Present
O = Absent
O/E = Absent/Excused
NM = No meeting
--- = Not a member
CITY OF IOWA CITY
MEMORANDUM
Date: November 21, 2024
To: Charter Review Commission
From: Eric R. Goers, City Attorney
RE: Petitions for Charter Amendments
Commissioners, as part of my final review of the Charter, and ongoing discussions by the
Council regarding how to fill the Council vacancy that will occur on January 1 st, I came across
an inconsistency in the Charter that I think should be addressed. It relates to the opportunity for
Council to adopt a Charter Amendment proposed by residents via petition.
In the case of an initiative (proposal of a new measure) or referendum (request to repeal a
measure) put forth via resident petition pursuant to Article 7 of our Charter, Council has the
opportunity, within a limited period of time, to adopt the change requested by the petition,
thereby eliminating the need for a special election. Here is the language from 7.05:
7.05:
A. Action by Council. When an initiative or referendum petition has been determined
valid, the Council shall promptly consider the proposed initiative measure or reconsider
the referred measure. If the Council fails to adopt a proposed initiative measure and fails
to adopt a measure which is similar in substance within sixty days, or if the Council fails
to repeal the referred measure within thirty days after the date the petition was finally
determined valid, it shall submit the proposed or referred measure to the qualified
electors of the City as hereinafter prescribed. If at any time more than thirty days before
a scheduled initiative or referendum election the Council adopts the proposed initiative
measure or adopts a measure which is similar in substance or if the Council repeals a
referred measure, the initiative or referendum proceedings shall terminate and the
proposed or referred measure shall not be submitted to the voters.
B. Submission to Voters.
At least from the perspective of the petitioners, there is little need for a special election, with all
the time, cost, and effort that goes into that, if Council adopts the requested change. However,
for Charter amendments proposed by petitioners, there is presently no similar clause allowing
the Council to avoid the need for the special election by simply adopting the change requested.
See Charter section 8.01(C) below, with my underlining added:
8.01(C):
C. If a petition valid under the provisions of section 362.4 of the Code of Iowa is filed
with the Council proposing an amendment to the Charter, the Council must submit the
proposed amendment to the voters at the first legally permissible election date
consistent with Section 7.05(B) of this Charter, and the amendment becomes effective if
approved by a majority of those voting.
One could easily imagine a scenario in which petitioners propose a Charter amendment,
Council considers and adopts it via their powers under 8.01(B) ("The council, by ordinance, may
amend the charter."), but the special election must move forward anyway due to the mandating
"must" language of 8.01(C). Making it potentially worse, imagine the voters decide not to adopt
the proposal. Council would have already made the amendment, so presumably that change
would remain, as the election results would do nothing more than fail to compel the change
Council had made, thereby defeating the results of the popular vote. One would imagine a
great deal of dissatisfaction on the part of the voting public.
For these reasons, staff would propose that we mirror the language of 7.05 to grant Council the
same common-sense opportunity to adopt the proposed change for Charter amendments. If
you agree, I have drafted some language which I believe achieves that goal. It is as follows,
starting from the language previously approved by the Commission:
8.01. Charter Amendments.
C. Petitions.
(1) Action by Council. If a petition valid under the provisions of section 362.4 of the
Code of Iowa is filed with the Council proposing an amendment to the Charter,
the Council shall oram tl consider the proposed amendment. If the Council fails
to adopt a Proposed amendment which is similar in substance within sixty days, it
shall submit the proposed amendment to the gualified electors of the City as
hereinafter prescribed. If at any time more than thirty days before the scheduled
election the Council adopts a proposed amendment which is similar in
substance the amendment proceedings shall terminate and the proposed
amendment shall not be submitted to the voters.
(2) Amendment. If re uired by this Section the vote of the City on the proposed
amendment shall be held the Go,'nnil must submit the proposed a ...a. ..+ in
the WtWs-at the first legally permissible election date consistent with Section
1)8.01 C 1 of this Charter, and the amendment becomes effective if
approved by a majority of those voting.
(3) Ballot. Copies of the proposed amendment shall be made available to the
qualified electors at the polls and shall be advertised at the Cit 's expense in the
manner required for "questions" in section 376.5 of the Iowa Code. The subiect
matter and purpose of the proposed amendment shall be indicated on the ballot.
Out of an abundance of caution, I suggest similarly clarifying the language in 7.05(B)(1) and (2)
to make clear the need for an election will exist only if Council fails to adopt the proposed
initiative or referendum. The two paragraphs would start as follows:
(1) Initiative. If required by this Section, t-The vote of the City on a proposed
measure shall be held at the first legally permissible election date...
(2) Referendum. If required by this Section t-The vote of the City on a referred
measure shall be held at the first legally permissible election dale...
The following is a working draft aLproposed amendments as of November 7. 2024 to the Iowa
City Charter by the Charter Review Commission. The Commission has not finalized the
proposal and all potential amendments are subJect to change.
IOWA CITY CHARTER 1
Preamble
Definitions
Article I. Powers Pof Tthe City
§ 1.01. Powers ,,-,-4 he 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 A,md 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 workiag draft of proposed amendments as of November 7. 2024 to the Iowa
City Charter by the Charter Review Commission. The Commission has not -finalized the
proposal and al/ potential amendments are subject to change.
§ 4.03. Absence; Disability 8of City Manager.
§ 4.04. Duties 8of City Manager.
§ 4.05. Ineligibility; Prohibited Acts.
Article V. Boards, Commissions Rand Committees
§ 5.01. Establishment.
§ 5.02. Appointment; Removal.
§ 5.03. Rules.
Article VI. Campaign Contributions Aand Expenditures
§ 6.01. Limitations Gon The Amount 8of Campaign Contributions.
§ 6.02. Disclosure Qof Contributions Aand Expenditures.
§ 6.03. Definition.
§ 6.04. Violations.
Article VII. Initiative Aand Referendum
§ 7.01. General Provisions.
§ 7.02. Commencement' l;_f Proceedings, Affidavit.
§ 7.03. Petitions; Revocation 8of Signatures.
§ 7.04. Procedure <.ufter Filing.
§ 7.05. Action Bon Petitions.
§ 7.06. Results 8of Election.
§ 7.07. Prohibition Son Establishment 8of Stricter Conditions go Requirements.
Article VIII. Charter Amendments Aand Review
§ 8.01. Charter Amendments.
§ 8.02. Charter Review Commission.
Notes
1. The home rule eCharter of the eCity, 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�ollowina is a workim draft of proposed amendments as of November 7. 2024 to the Iowa
City Charter by the Charter Review Commission. The Commission has not finolized the
proposal_an_d_all pgtential amendments are subiect to chance.
PREAMBLE
We, the people of Iowa City, Iowa, pursuant to the constitution and statutes of the __ tate 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. harter and confer upon it the full home rule powers of a charter city in order to rp avide
far an honest and accountable council-manager government. By this action.we secure the
benefits of home rule and affirm the values of representative democracy,12rofessional
management. strong a1 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 ref -in
democratic self-government.
a. Each individual shall have an opportunity to participate in the life of the City.
including economic, cultural and intellectual.
b. Discrimination prohibited by Title 2 of the City Code shall not be tolerated.
2. The provision of service relating to the health, safety, and welfare of its residents in a
fair, equitable and efficient manner.
3. The conduct of ity business inconformity with the principles V4a� and
practices of due process, equal protection under the laws, and protection of these
individual liberties protected granted by the cConstitution of the United States, bathe
sState 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 harter:
1. "City" means the eCity of Iowa City, Iowa.
2. "City eCouncil" or "eCouncii" means the governing body of the eCity.
3. "Council -member" means a member of the eCouncil, including the MMayor.
4. "Shall" imposes a duty.
S. "Must" states a requirement.
Page 3
The tollowing is a working draft a ra osed amendments as of November- 7 2024 to the Iowa
City Charter by the Charter Review Commission. The Commission has not inalized 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 Gof Tthe City.
The eCity la-s shall have all power's 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 eCity 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,Q3. Savings Clause.
If any provision of this eCharter, 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 eCharter. (Ord. 76-2792, 1-2-1976)
ARTICLE II. CITY COUNCIL
Page 4
The followings is a workitig dr'o t o-fl3r-oposed arner7dn7errts ris of November 7. 2024 to the Iowa
City Charter by the Charter Review Commission. The Commission has a malized the
proposal and all potential amendments are subject to change.
Section 2.01. Composition.
The eCity cCouncil consists of seven members. As provided in aArticle III, four, to be known
as eCouncii.members at ---large, are to be nominated by eligible electors of the eCity at= -large,
and three, to be known as district cCouncil_members, are to be nominated by eligible
electors of their respective districts. The purpose of district divisions is to ensure City-wide
geographic representation on the Council. All cCouncil_members shall be elected by the
qualified electors of the c-City at_ large. (Ord. 85-3273, 12-17-1985)
Section 2.02. Division Into Council Districts.
The cCouncil, by ordinance, shall divide the eCity into three ECouncil districts of
substantially equal population. These districts are to be designated as cCouncil dDistrict A,
cCouncil dDistrict B, and cCouncil dDistrict C. (Ord. 76-2792, 1-2-1976)
Section 2.03. EhRibility.
To be eligible to be elected to and to retain a cCouncil position, a person must be an eligible
elector of Iowa City, and if seeking or elected to represent a cCouncil district, must be an
eligible elector of that cCouncil district. (Ord. 05-4152, 3-1-2005)
Section 2.04. Terms.
At the first election under this cCharter, all seven c-Councilmembers are to be elected; the
vC.ounciI_member from cCouncil MstrictA, cCouncil Qistrict C, and the two cCouncil
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 cCouncil 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 cCouncil members elected to fill the positions of those whose
terms expire shall be elected for terms of four years. (Ord. 76-2792, 1-2-1976)
Section 2.05. Compensation.
The cCouncil, by ordinance, shall prescribe the compensation of the mMayor and the other
cCouncil members. The cCouncil shall not adopt such an ordinance during the months of
November and December immediately following a regular c-City election. (Ord. 05-4152, 3-
1-2005)
Section 2.O6. Mayor.
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The following is a working draft of proposed amendments as of November 7. 2024 to the Iowa
City Charter by the Charter Review Commission. The Commission has not finalized the
proposal and all Potential amendments are sub'ect to change.
A. Immediately following the beginning of the terms of c-Council_members elected at the
regular eCity election, the eCouncil shall meet and elect from among its members the
mMayor and mMayor Oro tTem for a term of two years. (Ord. 85-3227, 3-12-1985)
B. The mMayor is a voting member of the eCouncil, the official representative of the
eCity, presiding officer of the eCouncil and its policy spokesperson. The Mayor may add
items to the eCity eCouncil agenda. The e+Mayor shall present to the eCity no later than
February 28 an annual sState of the eCity message. (Ord.15-4621, 5-19-2015)
C. The mMayor-pPro tTem shall act as n4Mayor during the absence of the n}Mayor. (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 iECharter. (Ord. 85-3227, 3-12-1985)
Section 2.08, Appointments.
A. The eCouncil shall appoint the eCity faManager.
B. The eCouncil shall appoint the eCity eClerk. (Ord. 85-3227, 3-12-1985)
C. The eCouncil shall appoint the cfityaAttorney. (Ord. 95-3671, 3-28-1995)
D. The City Manager shall appoint the Chief of the Police Department and the Chief of the
f ire Department, SUbiect to approval of the Qty Council.
OE. The eCouncil shall appoint all members of the r7City's boards, except as otherwise
provided by state law. (Ord. 85-3227, 3-12-1985)
RF. The eCouncil shall fix the amount of compensation, if any, of persons it appoints and
shall provide for the method of compensation of other eCity employees. All appointments
and promotions ofECity employees by city „eil aad city "' nager 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)
Page 6
The 411o_uing_is a working draft of r•oposed amendments as of November 7, 2024 to the Iowa
City _Charter by the Charter Review Commission. The Commission has not finalized the
proposal and all potential amendments are sub-iect to chanue.
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)
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 eCouncil member may not hold any other eCity office or be a eCity employee or
elected county official while serving on the eCouncil nor hold any remunerated eCity office
or employment for at least one year after leaving the eCouncil. (Ord. 76-2792, 1-2-1976)
B. With the exception of the appointment 9f the chief of the paliee depa;#-m.ew- eh�ef
of the fiFe dep@Fta4ei;t, whieh aFe Subjeet ta approval ef the city coune-1, neither the council
iioi- its FfleFabei-s Fnay dictate, in any manner-, the appointment or- removal of any person
Fna b b 41 +
-20094 With the exception of p_awers4ro_v_ided in Section 2.08, a Council member may not
dictate, in any manner, the appointment or removal of any City employee. However. the
CQUncil may express its views to the appainting autheritr erta;niiin try the appointFmnent Wh
e rta i n i ng to the ap pointment or removal of such em 1210 ee to
the Council a P Doi ntee under whom the em Rio ee works.(City Manager, City Attorney, Cit
Clerk
C. A cotineilmember may not inte4ere with the supervision or direction of a" per-s
, 1 2 19764A Council
member may not interfere with the supervision or direction of any City employee other
than the City Manager. City Attorney, or City Cy lerk.
ARTICLE III. NOMINATION, PRIMARY ELECTION AND REGULAR ELECTION
Section 3.01. Nomination.
A. An eligible elector of a 4-Council district may become a candidate for a eCouncil district
seat by filing with the Johnson County eCommissioner of eClections a valid petition
requesting that his or- her -their name be placed on the ballot for that office. Unless
Page 7
The ollowin is a workin dra t o ro osed amendments as o November 7 2024� t he o
Cit Charter b the Charter Review Commission. The Commission has riot finalized the
proposal aid all potential amendments are suhLrt to chap e.
otherwise provided by state law, the petition must be filed not more than eighty-five (85)
days nor less fewer than sixty-eight (68) days before the date of the election. Unless
otherwise provided by state law, the petition must be signed by eligible electors from the
candidate's district equal in number to at least two (2) percent of those who voted to fill
the same office at the last regular c-City election, but not le fewer 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 elections a petition requesting that the
candidate's name be placed on the ballot for that office. Unless otherwise provided by state
law, the petition must be filed not more than eighty-five (85) days nor less -fewer than
sixty-eight (68) days before the date of the election. Unless otherwise provided by state
law, the petition must be signed by eligible electors equal in number to at least two (2)
percent of those who voted to fill the same office at the last regular ity election, but not
!� tew ,r 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 eCity election as candidates
for that eCouncil seat. (Ord. 05-4152, 3-1-2005)
B. If there are more than twice as many candidates as there are at large positions to be
filled, there shall be a primary election held unless the . �._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 eCity election, each ECouncil district seat up for election shall be listed
separately on the ballot and only the names of candidates nominated from that eCouncil
district shall be listed on the ballot as candidates for that seat. However, all qualified
electors of the c-City shall be entitled to vote for each candidate. The three eCouncil district
seats shall be designated on the ballot as eCouncil dDistrict A, eCouncil dDistrict B and
eCouncil dDistrict C and each shall be elected ate -large.
B. The at --large eCouncil seats shall be designated on the ballot as such. (Ord. 85-3227, 3-
12-1985)
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The _,followina is_a working draft of12roposed amendments as ofNovember 7. 2024 to the. Iowa
City Charter by the Charter Review Commission. The Commission has not finalized the
proposal and all potential amendments are subject to chance.
ARTICLE IV. CITY MANAGER
Section 4.01. AppointmentAppointment& Qualifications.
In appointing a eCity fRManager, the cCouncil shall consider only the qualifications and
fitness of the person without regard to political or other affiliation. During hJs A�ertheir
tenure the cCity+RManager shall reside within the cCity. (Ord. 76-2792, 1-2-1976)
Section 4.02. Accountability: Removal.
A. The c-Cityff�Manager is under the direction and supervision of the cCouncil and holds
office at its pleasure. A eCity fnManager removed by the cCounciI 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 ii4Manager, the eCouncil shall appoint an
individual qualified to perform the duties of eCity Manager to serve at the pleasure.of
eCouncil or until a ECity Manager is appointed. (Ord. 76-2792,1-2-1976)
Section 4.03. Absence: Disability Oof City Manager.
The eCity Manager may designate a qualified eCity employee as acting eCity mManager to
perform "'n rtheir duties during a temporary absence or disability. If the cCity
Manager does not make such a designation, the cCouncil shall appoint a qualified eCity
employee to perform the duties of the cCity Manager until "tee they return". (0rd.
76-2792, 1-2-1976)
Section 4.04. Duties Oof City Manager.
A. The eCity Manager shall be chief administrative officer of the :.City and shall:
(1) !RSUFeEnsure 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 cCity mManager including their
employment, training, reclassification, suspension or discharge as the occasion requires,
subject to state law.
(3) Appoint the c-Chiefof the p olice s1I3epartment and the c -hief of the fFire
4Uepartment with the approval of the eCity ECouncil.
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The following is a working draft o,Eproposed arnendrnents as of November 72024 to the Iowa
City Charter b� the Charter Review Commission._ The Commission has nat finalized the
proposal armed all potential amendments are su6fect to chancte.
(4) Supervise the eChiefof the pPolice di epartment and EChief of the €Fire
d epartment, 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 c-Charter.
(6) Supervise the administration of the c-City personnel system, including the
determination of the compensation of all eCity employees appointed by the eCity
f,aManager subject to state Code or this ECharter.
(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
[._ity, and all eCity-owned property including buildings, plants, systems, and enterprises,
and have charge of their construction, improvement, repair and maintenance except where
otherwise provided by state law.
(9) Supervise the making and preservation of all surveys, maps, plans, drawings,
specifications and estimates for the +: (,ity.
(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 eCouncil the annual budgets in the form prescribed
by state law.
(12) Provide the eCouncil an itemized written monthly financial report.
(13) Attend eCouncil meetings and keep the eCouncil fully advised of the financial
and other conditions of the t City and its needs.
(14) See that the business affairs of the : [jty 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 eCouncil may direct. (Ord. 05-
4152, 3-1-2005)
S. The eCity fnManager, in performing the foregoing duties, may:
(1) Present recommendations and programs to the ECouncil and participate in any
discussion by the eCouncil of any matters pertaining to the duties of the c-City mManager.
Page 10
The fib110wing is a working draft a rr•o posed amendments as of November 7 2024 to the Iowa
QV Charter by the Charter Review Commission. The Commission has not finolized the
proposal and all potential amendments are subiect to change.
(2) Cause the examination and investigation of the affairs of any department or the
conduct of any employee under supervision of the eCity Manager.
(3) Execute contracts on behalf of the c-City when authorized by the eCouncil. (Ord.
85-3227, 3-12-1985)
Section 4.Q5. Ineligibility, Prohibited Acts.
Except for the exercise of the right to vote, the c-City n=rManager shall not take part in any
election of eCouncil members. 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 eCommunity pEolice -FReview 4Board, the eCouncil may
establish boards in addition to those required by state law and shall specify the title, duties,
length of term, qualifications of members and other appropriate matters. The Council shall
consider the available demographics of board and commission members and applicants in
making their appointments in an effort to make appointments reflective of the community.
The c-Council may reduce or increase a board's duties, transfer duties from one board to
another or dissolve any board, except as otherwise provided by state law or this eCharter.
B. There shall be a permanent c-Community pEolice iReview #Roard, 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 -pEolice dDepartment, and
2. To make recommendations regarding such policies, practices, and procedures to the
eCity eCouncil; and
3. To investigate claims of misconduct by sworn police officers and to issue
independent reports of its findings to the c-City : Council; and
4. The authority to subpoena witnesses. (Ord. 15-4621, 5-19-2015)
Section 5.02. Appointment. Removal.
Page 11
The following is a woi*ing draft of praposed amendments ors of November 7, 2024 to Che Iowa
City Charter by the Charter Review Commission. The Commission has not- nalized the
prQn9sal_nnd all potential amendments are subject to claan�re.
The ,FC;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)
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, eCouncil rules, and this harter. (Ord. 76-2792,1-2-1976)
ARTICLE VI. CAMPAIGN CONTRIBUTIONS AND EXPENDITURES
Section 6.01. Limitations Son Tthe Amount Gof Campaign Contributions.
The eCouncil, by ordinance, shall prescribe limitations on the amount of campaign
contributions made to a candidate for election to ouncil by a person as defined in this
-harter. (Ord. 95-3671, 3-28-1995)
Section 6.02. Disclosure Gof Contributions Aand 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 eCouncil and (2) any and all other persons, for the purpose of
aiding or securing the candidate's nomination or election. (Ord. 05-4152, 3-1-2005)
Section 6.03. Definition.
Within this article "contribution" shall be defined as that term is defined in chapter 68A
("campaign finance") of the ode of Iowa. (Ord. 05-4152, 3-1-2005; amd. Ord. 15-4621, 5-
19-2015)
Page 12
The following is a working dra ft of proposed amendments as of November 7, 2024 to the Iowa
CiGy Charter by the Charter Review Commission. The Commission has not finalized the
orovosol and all potential amendments are subject to chanae.
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
s5ection; and (2) when appropriate, conditions for the revocation of a candidate's right to
serve on F[:ouncil if elected, consistent with state law. (Ord. 05-4152, 3-1-2005)
ARTICLE VII. INITIATIVE AND REFERENDUM
Section 7.01. General Provisions.
A. Authority.
(1) Initiative. The eligible electors have the right to propose measures to the
eCouncil and, if the 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 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 ;, -Council.
_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, including, but not
limited to, personnel decisions.
(b) The c-City budget.
(c) The appropriation of money.
(d) The levy of taxes or special assessments.
(e) The issuance of general obligation and revenue bonds.
(f) The letting of contracts.
(g) Salaries of ity employees.
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The fvllowirra is a workina draft of oronosed amendments as of November 7. 2024 to the Iowa
City Charter by the Charter Review Commission. The Commission has not finalized the
proposal and rill noteotial amendments are subject to change.
(h) Any measure required to be enacted by state or federal law.
(i) Amendments to this harter.
0) Amendments affecting the c—City zoning ordinance or the land use maps of the
comprehensive plan, including the district plan maps.
(k) Public improvements subsequent to c-City eCouncil action to authorize
acquisition of property for that public improvement, or notice to bidders for that public
improvement, whichever occurs earlier. "Public improvement" shall mean any building or
construction work.
(2) Resubmission. No initiative or referendum petition shall be filed within two
years after the same measure or a measure substantially the same has been submitted to
the voters at an election.
(3) Council Repeal, Amendment A ind 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 e( ouncil 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 eCity.
(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 i , J 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)
Page 14
The following is a working draft of proposed arrrendnients as of November 7 Z024_to the Iowa
City Charter by the Charter Review Commission. The Commission has not rnalize the
proposal and all potential amendments are subject to change_
Section 7.02. Commencement Oaf Proceedi ngs; Affi davi t.
A. Commencement. One or more qualified electors, hereinafter referred to as the
"petitioners," may commence initiative or referendum proceedings by filing with the ity
0 ] erk 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 e(.Jerk shall accept the affidavit for filing if on its face it appears to
have signatures of one or more qualified electors. The eCity eClerk shall issue the
appropriate petition forms to the petitioners the same day the affidavit is accepted for
filing. The eCity (Clerk shall cause to be prepared and have available to the public, forms
and affidavits suitable for the commencement of proceedings and the preparation of
initiative and referendum petitions. (Ord. 05-4152, 3-1-2005)
Section 7.03. Petitions: Revocation t#of Si2nLitUres.
A. Number Aof 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 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
Jerk 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 the elector personally circulated it, that all
signatures were affixed in*i,o: the elector's presence, that the
elector believers them to be genuine signatures of the persons whose names they purport
to be and that each signer had an opportunity before signing to read the full text of the
measure proposed or sought to be reconsidered. Any person filing a false affidavit will be
liable to criminal penalties as provided by state law.
Page 15
The followin is a working draftofnroposed amendments as of November 7, 2024 to the Iowa
City Charter by the Charter Review Commission. The Commission has not-rinalized the
proposal and all potential amendments are suhiect to change.
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 ! _car Filing Referendum Petitions. Referendum petitions may be filed within sixty
days after final adoption by the c-Council of the measure sought to be reconsidered, or
subsequently at any time more than two years after such final adoption. The signatures on
a referendum petition must be secured during the sixty days after such final adoption;
however, if the petition is filed more than two years after final adoption, the signatures
must be secured within six months after the date the affidavit required under sSection
7.02A was filed.
F. Revocation Dof Signature. Prior to the time a petition is filed with the eCityeClerk, a
signatory may revoke his her their signature for any reason by filing with the eCity
eClerk a statement of er-their intent to revoke h i s-ear their signature. After a
petition is filed a signatory may not revoke his signature. The c-City eClerk shall
cause to be prepared and have available to the public, forms suitable for the revocation of
petition signatures. (Ord. 15-4621, 5-19-2015)
Section 7.04. Procedure Aafter Filine.
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 cCity 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 ity ; lerk 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 PIJMayor
a rid eCity eClerk and one member of the £Council chosen by the eCouncil by ballot, and a
majority decision shall be final. The hearing on the objections shall be held within ten days
of receipt of the objections.
C. Court Review. To the extent allowed by law, court review of the sObjections
ommittee's actions shall be by writ of certiorari. (Ord. 15-4621, 5-19-2015)
Section 7.05. Action Bon Petitions.
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The following is a working draft of proposed amendments as of November 7. 2024 to the Iowa
City Charter by the Charter Review Cammission. The Commission has not finalized the
proposal a►7d all -potential amendments are sul7iectLo ch ggg.
A. Action Phy Council. When an initiative or referendum petition has been determined
valid, the ECouncil shall promptly consider the proposed initiative measure or reconsider
the referred measure. If the ECouncil fails to adopt a proposed initiative measure and fails
to adopt a measure which is similar in substance within sixty days, or if the ouncil fails to
repeal the referred measure within thirty days after the date the petition was finally
determined valid, it shall submit the proposed or referred measure to the qualified electors
of the ECity as hereinafter prescribed. If at any time more than thirty days before a
scheduled initiative or referendum election the eCouncil adopts the proposed initiative
measure or adopts a measure which is similar in substance or if the eCouncil repeals a
referred measure, the initiative or referendum proceedings shall terminate and the
proposed or referred measure shall not be submitted to the voters.
B. Submission o Voters.
(1) Initiative. The vote of the eCity on a proposed measure shall be held at the regular
ri ty el ecti en rir at- t-hn gen eFa1 e1ea-inny*ieh next eeeurr first legally permissible election
data: more than forty days after the expiration of the sixty day period provided for
consideration in &Section 7.05A, provided that the initiative petition was filed no k-s-s-fewer
than 80 days prior to the deadline imposed by state law for the submission of ballot
questions to the c-Commissioner of ?;lections.
(2) Referendum. The vote of the eCity on a referred measure shall be held at the
Fegtilar city election er at the riener-al ele-r-f-ion Nhi-eh n..Pxt eccurs first legally permissible
election data 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 les-s
i= =_than 50 days prior to the deadline imposed by state law for the submission of ballot
questions to the ECommissioner of - i Jections. 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 eClerk.
C. Ballot. Copies of the proposed or referred measure shall be made available to the
qualified electors at the polls and shall be advertised at the 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 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 &Section
7.01B(3). If conflicting measures are approved by majority vote at the same election, the
one receiving the greatest number of affirmative votes shall prevail to the extent of such
conflict.
Page 17
The following is a working draftof proposed amendments as of November 7. 2024 to the lotva
City Charter by the Charter Review Commission. The Commission has not -finalized the
proposal and all potential amendments are subject to change.
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 Corid itions 8or Requirements.
The cCouncil shall not set, except by ;_ t;harter amendment, conditions or requirements
affecting initiative and referendum. (Ord. 15-4621, 5-19-2015)
ARTICLE VIII. CHARTER AMENDMENTS AND REVIEW
Section 8.01. Charter Amendments.
This cCharter may be amended only by one of the following methods:
A. The cCouncil, by resolution, may submit a proposed amendment to the voters at the
first legally permissible election date consistent with Section 7.05(B) of this Chartera
speeial eity elee ion, and the proposed amendment becomes effective when approved by a
majority of those voting.
B. The cCouncil, 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 gLode 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. ;,r��, and the amendment does not become effective
until approved by a majority of those voting.
C. If a petition valid under the provisions of section 362.4 of the cCode of Iowa is filed
with the eCouncil proposing an amendment to the cCharter, the eCouncil must submit the
proposed amendment to the voters at the first legallY permissible election date consistent
with Section 7.05(B) of this Charter speeial eity eleetionf and the amendment becomes
effective if approved by a majority of those voting. (Ord. 05-4152, 3-1-2005)
Section 8.02. Charter Review Commission.
The cCouncil, using the procedures prescribed in aArticle V, shall establish a cCharter
(Review eCommission at least once every ten years following the effective date of this
cCharter. The ECommission, consisting of at least nine members, shall review the existing
eCharter and may, within twelve months recommend any cCharter amendments that it
deems fit to the eCouncil. The cCouncil shall either exercise its power of amendment
pursuant to sSection 8.0113 of the eCharter on a matter recommended by the c-Commission
Page 18
The following is a working draft of proposed amendments as of November 7. 2024 to the Iowa
City Charter by the Charter Review Commission. The Commission has not finalised the
proposal and all potential amendments are subiect to change.
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)
CHARTER COMPARATIVE TABLE
The _ome _ule _barter 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-
7.05B
1977
77-2864
9-6-
3.01
1977
85-3227
3-12-
Definitions 7,8, 2.01, 2.03, 2.05 - 2.08, 3.01- 3.03, 4.04, 5.02,
1985
6.04, 7.01- 7.05, 8.01, 8.02
85-3228
3-12-
6.02
1985
85-3273
12-17-
2.01
1985
90-3462
6-26-
7.03A, 7.04A
1990
95-3671
3-28-
2.06B, 2.08C,E, 3.01A, 6.01, 7.04D
1995
Page 19
The following is a working draft of proposed amendments asoflVnvember 7. 2024 to the Iowa
OU Charter by- the Charter Review Commission. The Commis inn has not finalized the
proposal and all potential amendments are sub
Iect to ch�rnge_
05-4152
3-1-
Definitions 11,12, 2.03, 2.05, 2.11, 2.1213, 3.01A, 3.02A, 4.04A,
2005
5.02, 5.03A, 6.02, 6.03, 6.04, 7.01, 7.02, 7.03B,C,E, 7.04A,B,C,
7.05, 7.06, 8.01, 8.02
Res.07-262
8-31-
5.01
2007
15-4621
5-19-
Preamble, 2.06B, 3.01, 4.02A, 5.01, 5.02, 6.03, 7.01, 7.03, 7.04,
2015
7.05, 7.06, 7.07
Petition
11-
7.03A
2016
Page 20