HomeMy WebLinkAbout2024-12-17 Charter Review CommissionCHARTER REVIEW COMMISSION
Tuesday, December 17, 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
0 Draft minutes for 11/25/2024
3. Motion to Accept correspondence (if any)
4. Motion approving language regarding Mayoral election
5. Motion approving language regarding district representative elections
6. Motion approving Iowa City Charter Working Draft
7. Review Draft Report of the 2024-2025 Iowa City Charter Review Commission
8. Motion approving Draft Report of the 2024-2025 Iowa City Charter Review Commission
9. Discussion regarding the Report of the 2024-2025 Iowa City Charter Review Commission to
City Council
10. Tentative Meeting Schedule
11. 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 1CCharteL iowa-
city q
12. Acknowledgements/Recognition
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 25, 2024 — 5:30 p.m.
Emma J. Harvat Hall, City Hall
Members Present: John Balmer, Susan Craig, Mackenzie DeRoo, Matt Hayek, Molly Kucera,
Bijou Maliabo, Jennifer Patel
Members Absent: John Deeth, Gerene Denning
Staff Present: City Attorney Goers (via Zoom), 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
Chair Balmer statements regarding the recount for the 1st Congressional District in Johnson
County and the All -State Music Festival in Ames, Iowa. Individual Commission members
expressed their views.
2. Motion to adopt draft minutes as presented or amended
Commission Hayek noted one typo at the bottom of page two, Blamer to Balmer.
Moved by Patel, seconded by Maliabo to approve the November 7 draft minutes as
amended. Motion carried 7-0, Deeth and Denning absent.
3. Motion to Accept Correspondence
No correspondence received.
4. Staff response to Commission questions previously posed
City Attorney Goers noted he was requested to review the proposed language in Section
2.01. Composition by Commissioner Craig from the November 7th meeting which added the
sentence "The purpose of district divisions is to ensure City-wide geographic representation
on the Council." Goers stated he reviewed the language and had no changes.
5. Staff proposal regarding Special Elections following Petitions
City Attorney Goers summarized the memo included in the November 25 meeting packet in
which during his final review of the Charter he came across an inconsistency related to the
opportunity for Council to adopt a Charter amendment proposed by residents via petition.
Goers gave a scenario where petitioners proposed a Charter Amendment, Council
considered and adopted via the 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). Goer proposed the following language to mirror the
language of 7.05 to grant the Council the same common-sense opportunity to adopt the
proposed change for Charter amendment:
Charter Review Commission
November 25, 2024
Page 2
Section 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
promptly consider the proposed amendment. If the Council fails to adopt a proposed
amendment which is similar in substance within sixty days. it shall submit the proposed
amendment to the qualified electors of the Citv as hereinafter prescribed. If at any time more
than thirty_ days before the scheduled election the Council adopts a proposed amendment
which is similar in substance, the amendment proceedings shall terminate and the proposed
amendment shall not be submitted to the voters.
(2) Amendment If required by this section. the vote of the City on the proposed amendment
shall be held the Gau s+ submit the prerinc.e - m.-er.dr eRt t 4he .:Gt :s at the first
legally permissible election date consistent with Section 7-95{� 3.01 (C)(1) of this Charter a
, and the amendment becomes effective if approved by a majority of
those voting. (Ord. 05-4152, 3-1-2005)
(3) Ballot. Conies of the proPosed amendment shall be made available to the qualified electors
at the polls and shall be advertised at the City_'s expense in the manner required for
"questions" in section_ 376.5 of the Iowa Code. The subjectmatter and purpose of the
proposed amendment shall be indicated on the ballot.
Goes also suggested clarifying the language in 7.05(B)(1) and (2) to make clear the need for
an election will exist only if the Council fails to adopt the proposed initiative or referendum
with the following:
(1) Initiative. If required by the Section, tThe vote of the City on a proposed measure shall be
held at the first legally permissible election date...
(2) Referendum. If required by the Section, tThe vote of the City on a referred measure shall be
held at the first legally permissible election date...
Moved by Patel, seconded by Craig to accept the proposed language by City Attorney
Goers. Motion carried 7-0, Deeth and Denning absent.
6. Review of Iowa City Charter Working Draft
Chair Balmer noted the agenda items for Mayoral election and district representative
elections stating there would be a separate vote but wanted to a discuss the remaining
sections of the Charter.
Commission Hayek stated he thought that the language in the Preamble was too wordy and
suggested taking out "fair and effective" in the sentence starting with "By this action". Craig
noted there was a lot of conversation on what was meant by environment. Hayek confirmed
he was only looking to remove "fair and effective". The Commission agreed to remove the
language from the Preamble.
Commissioner Hayek asked City Attorney Goers if there were any changes in the Preamble
that would put the City at risk such as 1.a "Each individual shall have an opportunity..."
noting the work "shall". City Attorney Goers stated he was okay with the language.
Commissioner Maliabo confirmed the meaning of the word shall.
Charter Review Commission
November 25, 2024
Page 3
Commissioner Hayek suggested a revision to Section 2.12 Prohibitions (B), to move the
period in the last sentence to after the parenthetical: However, the Council may express its
views to the onnnintti g awthe ity pertaining to the annninFmen1 or�rc Gf S U.+h -efnp��
zv-rrrc-aPPrn' T y -cs
pertaining to the appointment or removal of such employee to the Council appointee under
whom the employee works.- (City Manager, City Attorney, City Clerk). Commission members
agreed to this change.
Commission Craig asked for clarification regarding "a Council member" versus "the Council'
and if that meant a Council member may not express their views. City Attorney Goers stated
the purpose of the language is to leave open the opportunity for a majority of Council to
speak on an issue and to avoid a single Council member reaching out to a department
director, other than the City Manager, City Attorney, or City Clerk, and attempting to direct
them. Individual Commission members expressed their views. Goers provided additional
information. After discussion no changes were made.
Commissioner Hayek noted inconsistencies where the use of gender -neutral terms were
changed to a title and other areas the gender -neutral term was not changed. Commissioner
DeRoo stated the Commission had asked the City Attorney to review the gender -neutral
terms for the plural pronoun where it would change the meaning of the word. Individual
Commission members expressed their views.
Commissioner Patel stated she thought Article VII Initiative and Referendum, Section 7.01
General Provisions, B. Limitations, (i) Amendments to this Charter, conflicts with Section
8.01 Charter Amendments, noting that 7.01(13)(1) states that the right of initiative of
referendum shall not extend to any of the following, (i) Amendments to this Charter and 8.01
is regarding Charter Amendments. City Attorney Goers explained that the process for
initiative and referendums are slightly different than petitions noting the reasons one might
use an initiative or referendum. After discussion no changes were made.
7. Motion approving language regarding Mayoral election
Commissioners agreed to table the item until the next meeting so all members could be in
attendance.
8. Motion approving Ian ua a regarding district representative elections
Commissioners agreed to table the item until the next meeting so all members could be in
attendance.
9. Motion approvinq lowa_City Charter Working Draft
Commissioners agreed to table the item until the next meeting so all members could be in
attendance.
10. Discussion regarding the Report of the 2024-2025 Iowa City Charter Review
Commission to City Council
Charter Review Commission
November 25, 2024
Page 4
Chair Balmer stated that he, Vice Chair Kucera, and Commissioner Hayek had met with the
City Attorney and City Clerk to go over the draft report which will be discussed at the next
meeting to get the Commission's approval. Balmer noted that after the Commission has
approved the draft report and the final working draft that he and Vice Chair Kucera would
present the information to City Council at a work session in January. Commissioner Hayek
added that there were previous examples of the draft report to City Council that were being
used to create the draft report for the commission to review. Vice Chair Kucera provided
additional information on what will be included in the draft report.
11. Tentative Meeting Schedule
Commissioners agreed to cancel the December 3rd meeting and meet on Tuesday,
December 171h noting that it may take longer than the typical meeting in order to get through
all the agenda items and review/amend the draft report. Individual Commission members
expressed their views.
12. Community Comment
No one appeared.
13. Adiournment:
Moved by DeRoo, seconded by Craig to adjourn the meeting at 6:17 p.m. Motion
carried 7-0, Deeth and Denning absent.
Charter Review Commission
November 25, 2024
Page 5
Charter Review Commission - 2024
ATTENDANCE RECORD
TERM
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-chk
O
Ok
O
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O
01
O
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O
0
o
W
O
W 0
0
NAME
EXP.
O
s
O
m
N
�+
N
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j
-4
IN
-4
w
N O
o o
N
O
-4
N
U1
N
06
N
N
N
N
-N
N
ah
N
46
N
4pk
N N
O O
N
O
N
O
N
O
i
N N
N
N
N
John Balmer
4/1/25
X
X
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
X
John Deeth
X
X
4/1/25
X
X
X
X
X
X
X
X
X
X
O/E
Gerene Denning
4/1/25
4/1/25
X
X
X
X
O/E
O/E
X
X
X
X
X
X
X
O/E
Mackenzie DeRoo
X
O/E
X
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
X
Molly Kucera
4/1/25
X
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
X
Jennifer Patel
4/1/25
X
X
X
X
O/E
X
X
X
X
X
X
X
X
Key:
X = Present
O = Absent
O/E = Absent/Excused
NM = No meeting
--- = Not a member
Report of the 2024-2025 Iowa Cit
Charter Review Commission
The Commission and the Process. The Iowa City Charter Review Commission was established by the
Iowa City Council on January 2"d, 2024. Created pursuant to Section 8.02 of the Iowa City Charter, the
Commission was charged with "review[ing] the existing charter" and "recommend[ing] any charter
amendments that it deems fit to the council." The Charter Review Commission is tasked with engaging
in a deep and thorough review of the Charter "at least once every ten years."
Commission members were appointed by Council at their February 20"' and March 19th meetings. They
include Chair John Balmer, Vice -Chair Molly Kucera, Susan Craig, John Deeth, Gerene Denning,
Mackenzie DeRoo, Matt Hayek, Bijou Maliabo, and Jennifer Patel. The Commission had their first
meeting on April 1", 2024, and met a total of 16 times, including two Community Forums to receive
community input. The Commission decided at their first meeting that they would welcome public
comment and input at all of their meetings and encouraged the public to participate in their work at
every opportunity. All meetings were publicly posted, video recorded, and made available online. A
working draft of the red -lined changes to the Charter the Commission is recommending has been
available on the Commission's webpage throughout the process, tracking the Commission's work,
progress, or tentative positions. The Commission received in -person comments and written
correspondence. The Commission was aided in its work by the invaluable contributions of City Attorney
Eric Goers and City Clerk Kellie Grace. These are two very dedicated individuals who were instrumental
in making the Commission and its mission much easier.
The Report. This Report, the culmination of the Commission's work, is meant to provide a summary
review of the substantive changes recommended by the Commission. It supplements the "red -line"
version of the Charter showing all additions, deletions, and alterations recommended by the
Commission. In addition, the minutes of all Commission meetings are available online, as are the full
videos of all Commission meetings. Finally, the Commission Chair and Vice -Chair intend to make a
formal presentation to the Council regarding the Commission's work and recommendations. They will
make themselves available to assist the Council throughout their review of the Commission's
recommendations.
The Charter is made up of a Preamble, a Definitions section, and eight (8) Articles. This Report will
address each of them in turn, including changes that were considered but ultimately rejected. Much of
this Report will present changes to the Charter proposed by the Commission in exactly that way — as
proposed changes. However, for the sake of brevity, portions of the Report will read as though the
Commission has amended the Charter itself. To be clear, the Commission acknowledges that under
Article VIII. of the Charter, the Commission has no authority to amend the Charter itself. Any and all
changes described herein or in the attached red -lined version of the Charter are simply changes
proposed by the Commission to the Council. It is the prerogative of the Council and/or City voters to
adopt proposed changes. Finally, the Commission has several recommendations not involving changes
to the Charter, but which are instead supportive of a healthy, democratic society. They will be listed at
the end of this Report.
Explanations of Recommended Charter Amendments. First, some discussion of whole cloth changes
proposed throughout the Charter. The Commission is recommending capitalization of all proper nouns,
such as the Council, the Charter, District A, the City, and the City Manager. The Commission also
proposes moving away from "he or she" to "they" to be more inclusive. Second, some explanation of
the red -lining in the accompanying Draft Charter. All proposed changes are reflected in red text. Wake-
h font represents text the Commission proposes to delete. Underlined font represents text the
Commission proposes to add. 1#44-t4fej^" font represents text the Commission proposed
adding to the Charter, but later reconsidered and deleted.
Preamble
The language in the Preamble was revised in several ways based on the National Civic League's Model
City Charter. The changes were proposed to emphasize representative democracy, environmental
stewardship, inclusivity, and professional management. The portion related to the principle of resident
participation was bolstered with language related to equitable participation in local government, with all
individuals having an opportunity to participate, and with discrimination prohibited under Title 2 of the
City Code not tolerated. The term "strong political leadership" was later replaced with "strong
leadership" to ensure neutrality.
Definitions
The only changes made to the Definitions section relate to capitalization conventions. There was
discussion about whether the terms "eligible elector' and "qualified elector" were both needed. The
conclusion was to retain both definitions because while Iowa City and State Code allow only qualified
electors (registered voters) to vote, eligible electors (those eligible to register to vote) are able to sign
petitions and otherwise engage in the local political process.
Article I: Powers of the City
Section 1.01 was strengthened to state, "The City shall have all powers possible under the constitution
and laws of this state." This was intended to ensure that the City, acting through the Council, have any
and all powers available to it. The Commission considered language from the Model Charter on
Intergovernmental Relations to allow for cooperative ventures with other governments, but found it
unnecessary, given the allowance already granted by State Code.
Article II: City Council
Probably the most significant and robust discussion by the Commission was about two elements of
Article II. The first was the composition, division, and election of District Council positions. The second
was the election of the Mayor.
District Council positions. The Iowa City Council presently consists of seven members, with four at -large
representatives and three district -specific representatives who are elected city-wide but reside in
different geographic districts. When primary elections are needed (if three or more candidates qualify
for election) for a District election, only voters residing in that District are allowed to vote in the primary.
The top two vote -getters advance to the general election in which all City voters may take part. This
system was designed to ensure geographic representation while maintaining City-wide accountability
for all Council members.
Several Commissioners advocated for allowing only voters residing in the District to take part in the
election of District Councilors. They felt only this method of election would make them truly District
Councilors and that this would allow for smaller, less expensive campaigns based on the smaller number
of voters the candidates needed to reach. The remaining Commissioners supported keeping the present
system in place, seeing the risk of parochialism in conflict with City-wide priorities. There was also fear
that given the process by which Mayors are selected, there would be a significant chance that Councilors
could select a Mayor for whom two-thirds of the City never had a chance to vote. These Commissioners
valued the opportunity of all City voters to have a say in the elections of all City Councilors.
There were a number of related topics the Commission discussed, but ultimately rejected. Those
included a discussion about increasing the total number of Councilors, changing the mix of District and
At -Large Council positions, and adding a dedicated Council position for a University of Iowa student.
Each idea had merit, but did not win majority support on the Commission.
Following lengthy discussion over the course of several meetings, the Commission voted _-_ to retain
the current system, but proposed language in Section 2.01 to acknowledge that District Councilors are
not solely representatives of their Districts, but are instead intended "to ensure City-wide geographic
representation on the Council." The Commission advocated for more voter education about the
method by which Councilors are elected in Iowa City.
Election of the Mayor. The Commission discussed the role of the Mayor, focusing on whether the
Mayor should be elected directly by the public or chosen by the City Council, and the length of the
Mayor's term. At present, the Mayor is elected from among all Councilors by the Councilors themselves
at their organizational meeting immediately after seating new Councilors in January of even years.
Mayoral terms are two years.
Several Commissioners favored direct election of the Mayor, arguing it leant the office more legitimacy.
They further argued having a Mayor directly elected by voters would strengthen the connection
between City government and its residents, increase public interest in City government and
participation in civic affairs, and cause the Mayor to feel more directly accountable to the public,
potentially improving transparency and communication.
Commissioners favoring the status quo argued that maintaining the current system creates a stronger
Council by ensuring decisions reflect the position of the Council majority. They believed that a voting
Mayor promotes accountability and equality on the Council and fosters unity and cohesiveness within
the Council, which benefits the City's governance and its staff. They pointed out that Council selection of
the Mayor promotes prior Council experience and diplomacy, and strengthens the Council as a collective
body. They expressed concerns about the potential risks of directly electing a Mayor with no Council
experience or with a strong personal agenda that might disrupt governance. Finally, they noted that
correspondence from former City officials and other public feedback predominantly supported retaining
the existing system. The Commission ultimately voted = _ to retain the current system, for the
reasons cited above.
Separately, Section 2.08, Appointments, was amended to add the appointments of the Police Chief and
Fire Chief, moving the language from Section 2.12, Prohibitions. While the language and location
changed, the process by which the Chiefs are appointed did not.
Section 2.12, Prohibitions, was modified as described above, and was amended in substance by adding
the staff of the City Attorney and City Clerk to the protections against Council interference afforded to
the staff of the City Manager. Because the Airport and Library staff are governed by the Airport
Commission and Library Board of Trustees, respectively, not any of the three Council appointees,
language was added to offer the same protection to those staffs by prohibiting interference with any
employee other than the three employed directly by Council. Those are the City Manager, City
Attorney, and City Clerk.
Article III: Nomination, Primary Election, and Regular Election
Only minor, non-suhstantive changes are proposed in Article III. The Commission discussed moving the
primary date earlier in the election cycle but found that the primary date is set by State Code.
Article IV: City Manager
Several minor, non -substantive changes were made. The only substantive change was to Section
4.04(A)(6), reflecting that the restrictions and obligations imposed on the City Manager by the Charter
come from City Code, not State Code. State Code provisions still apply but require no enabling by the
City Charter to have effect.
Article V: Boards, Commissions, and Committees
Section 5.01(A) was updated to encourage the Council to consider community demographics when
making appointments to ensure boards and commissions reflect Iowa City's diversity. The language
mandates consideration of demographics, not imposition of demographic quotas, as quotas would
offend Constitutional protections. The Commission also was cognizant that the Council can appoint only
4
from the pool of residents who apply. Gender balance was also discussed in light of the recent repeal of
a State law that mandated gender balance on many City boards and commissions.
There was also discussion about the Community Police Review Board. The state of recent bills regarding
police review boards was considered. While bills had been offered in recent years to prohibit police
review boards, none have passed thus far. It is possible similar bills will be presented in the future. If
such a bill were to pass, it is likely that Iowa City's Community Police Review Board would need to be
disbanded. The Commission also weighed the minimum number public forums to be held, deciding to
leave it at "at least one community forum each year."
Article VI: Campaign Contributions and Expenditures
Only minor, non -substantive changes are proposed in Article VI. Th100 contribution limit embedded
in an ordinance enabled by Section 6.01 of the Charter was retaiped, emphasizing fairness and
transparency in campaign financing.
Article VII: Initiative and Referendum
Section 7.01 was amended to make clear that personnel decisions are'not subject to initiative or
referendum petitions. Section 7.05 was updated to align with changes to State Code on election dates,
while preserving the intent of prompt elections on valid petitions. Section 7.05 was also amended to
mirror Council's ability under Section 8.01 to adopt the proposal made in the petition, negating the need
for an election on that issue.
Article Vill: Charter Amendments and Review
Section 8.01 was amended to reference Section 7.05(B), relating to election dates, ensuring consistency
and adaptability to future changes in State election law. Section 8.01 was also amended to allow the
Council to adopt the substance of a Charter amendment petition without having to hold an election.
The language mirrors the substance of Section 7.05 governing initiative and referendum petitions.
Other Recommendations
The Commission discussed concerns with declining local media coverage of City government and City
elections. It was hypothesized that this decline in local coverage has contributed to lower voter
engagement. The Commission proposes that Council promote multi -jurisdictional initiatives to improve
voter turnout, including multi -generational education programs, a task force, multimedia outreach, and
nonpartisan guides such as those provided by Greater Iowa City, Inc. The Commission was also
concerned about declining candidate participation, particularly in District Council elections, which are
often uncontested.
Conclusion
The Iowa City Charter Review Commission appreciated the opportunity to take part in this important
process. Commission members enjoyed the vigorous but respectful debates they held on numerous
issues foundational to the governance of the City. The Charter is essentially the Constitution of the City
of Iowa City, an importance not lost on Commissioners as they weighed possALe changes to propose.
While not all decisions made were unanimous, the recommendations as a whole contained in this
Report and accompanying red -lined draft Charter carry the authority of a unanimous vote of the
Commission.
Pursuant to Section 8.02 of the Charter, the Council may adopt all, some, or none of the Commission's
proposed changes. Any changes not adopted must go on the ballot for City voters to decide. Because
the Commission, made up of residents appointed by Council, spent many hours over the course of
months developing these recommendations, with input from the public, the Commission respectfully
asks that the Council adopt the Commission's proposed changes in their entirety.
As a Commission, we thank you for the opportunity to serve, and look forward to your discussion of
these matters. Thank you for your own service on Council.
Respectfully submitted this _ day of , 202_
Iowa City Charter Review Commission
Bv:
John Balmer, Chairperson
On behalf of Commission Members:
Molly Kucera, Vice -Chair
Susan Craig
John Deeth
Gerene Denning
Mackenzie DeRoo
Matt Hayek
Bijou Maliabo
Jennifer Patel
The following -is a workhjq draft of ro osed amen drnents as of Novenrber 25 2024 to the
Iowa City Charter b the Cliarter Review Commission. The Commission has not finalized the
proposal air d cell potential amendments are su sect to change.
IOWA CITY CHARTER 1
Preamble
Definitions
Article I. Powers Gof Tthe City
§ 1.01. Powers '' .).f Ti-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 -4and Duties.
§ 2.08. Appointments.
§ 2.09. Rules; Records.
§ 2.10. Vacancies.
§ 2.11. Council Action.
§ 2.12. Prohibitions.
Article III. Nomination, Primary Election :`;;,pd 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 fiallowing is a working dra ft of proposKd amendments as of [November 25, ZO24.to the
Iowa City_ Charter by the Charter Review Commission. The Commission has not finalized the
proposal and all potential amendmentsare subiect to change.
§ 4.03. Absence; Disability Oof City Manager.
§ 4.04. Duties Oof City Manager.
§ 4.05. Ineligibility; Prohibited Acts.
Article V. Boards, Commissions :': nd Committees
§ 5.01. Establishment.
§ 5.02. Appointment; Removal.
§ 5.03. Rules.
Article VI. Campaign Contributions Aand Expenditures
§ 6.01. Limitations Son The Amount Oof Campaign Contributions.
§ 6.02. Disclosure Oof Contributions Aand Expenditures.
§ 6.03. Definition.
§ 6.04. Violations.
Article VII. Initiative Aand Referendum
§ 7.01. General Provisions.
§ 7.02. Commencement' ? f Proceedings, Affidavit.
§ 7.03. Petitions; Revocation f- 1f Signatures.
§ 7.04. Procedure Aafter Filing.
§ 7.05. Action Son Petitions.
§ 7.06. Results Oaf Election.
§ 7.07. Prohibition Son Establishment Oof Stricter Conditions 0 o r Requirements.
Article VIII. Charter Amendments Aand Review
§ 8.01. Charter Amendments.
§ 8.02. Charter Review Commission.
Notes
1. The home rule c-Charter 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 Lollowing is a workinq draft otproposed amendments as o 'November 252024 to the
Iowa City Charter by -the Charter Review Commission. The Commission has not.Fnahzed the
proposal and all potential amendments are syb ect to chap e.
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
eCharter and confer upon it the full home rule powers of a charter city ii� order to rovide
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
mana ement stro ng pft44Egj Ieadershi 12, V ublic en ga gemen t. di ve naity and inclusiveness
regional cooperation. and &^;r --;aea flee Ye stewardship of a,ur unique environment.
Furthermore, adoption of this Charter recognizes the following principles:
1. Resident participation on an equitable and inclusive basis as Bart of the process of i-H
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 sshalI 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! n con fonnity with the principles yak and
practices of due process, equal protection under the laws, and protection ofthreSe
individual liberties wed granted by the eConstitution of the United States, the
sState of Iowa, and by local ordinances.
4. Civility and responsiveness by eCity employees in their interactions with the public.
(Ord. 15-4621, 5-19-2015)
DEFINITIONS
As used in this eCharter:
1. "City" means the eCity of Iowa City, Iowa.
2. "City eCouncil" or "eCouncil" means the governing body of the eCity.
3. "Council -member" means a member of the eCouncil, including the Mayor.
4. "Shall" imposes a duty.
S. "Must" states a requirement.
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TheLollowing is a working draft of roposed amendments as o-fNovember 25. 2024 to the
Iowa CityCharter by the Charter Review Commission. The Commission has not finalized the
proposal and all potential amendments are subiect to change.
6. "May" confers a power.
7. "Eligible elector" means a person eligible to register to vote in Iowa City.
8. "Qualified elector" means a resident of Iowa City who is registered to vote in Iowa
City.
9. "Board" includes a board, commission, committee or other similar entity however
designated.
10. "Person" means an individual, firm, partnership, corporation, company, association,
political party, committee or any other legal entity.
11. "Ordinance" means a city law of a general and permanent nature.
12. "Measure", except as provided in aArticle VII, means an ordinance, amendment,
resolution or motion. (Ord. 76-2792,1-2-1976; amd. Ord. 85-3227, 3-12-1985; Ord. 05-
4152, 3-1-2005)
ARTICLE I. POWERS OF THE CITY
Section 1.01. Powers Qof Tthe City.
The c-City#a-s shall have all powers possible under the constitution and laws ofthis state.
(Ord. 76-2792, 1-2-1976)
Section 1.02. Construction.
The grant of power to the cCity under this eCharter is intended to be broad; the mention of
a specific power in this eCharter is not intended to be a limitation on the general powers
conferred in this article. (Ord. 76-2792,1-2-1976)
Section 1.03. Savings Clause.
If any provision of this 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 c(:harter. (Ord. 76-2792,1-2-1976)
ARTICLE II. CITY COUNCIL
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The fo Ito wing is cr _working draft ofroposed amendments as of November 25, 2024 to the.
Iowa City Charter ray the Charter Review Commission. The Commission has not finalized the
proposal crud alt potential amendments are subiect to chanr e.
Section 2.01. Composition.
The cCity cC:ouncil 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 eCity at --large,
and three, to be known as district cfouncil members, are to be nominated by eligible
electors of their respective districts. The purpose of district divisions is to ensure City-wide
eo ra hie re re entation on the Council. All cCouncil_members shall be elected by the
qualified electors of the cCity at_ large. (Ord. 85-3273,12-17-1985)
Section 2.02. Division Into Council Districts.
The eCouncil, by ordinance, shall divide the cCity into three eCouncil districts of
substantially equal population. These districts are to be designated as eCouncil dDistrict A,
cCounciI 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 cCouncil district, must be an
eligible elector of that ouncil 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
Council -member from eCouncil dDistrict A, cCounciI dDistrict C, and the two eCouncil
members at_ large who receive the greatest number of votes cast for eCouncil_ member at -
large are to serve for terms of four years, and other eCouncil members are to serve for
terms of two years. Commencing at the next regular c-City election, and at all subsequent
regular ,,( _ity elections, all eCouncil members elected to fill the positions of those whose
terms expire shall be elected for terms of four years. (Ord. 76-2792,1-2-1976)
Section 2.05. Compensation.
The eCouncil, by ordinance, shall prescribe the compensation of then 'I,l_ayor and the other
, (;ouncil 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.
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The following is a working dra ofproposed amendments as of November2S 2024 to the
lywcr City Charter fly_ the Charter Review Commission. The Commission has not finalized the
proposal and all potential amendments are sub'ect to chap ge.
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 pPro tTem for a term of two years. (Ord. 85-3227, 3-12-1985)
B. The PaMayor is a voting member of the eCouncil, the official representative of the
eCity, presiding officer of the eCouncil and its policy spokesperson. The MMayor may add
items to the eCity eCouncil agenda. The eaMayor shall present to the ecity no Iater than
February 28 an annual &State of the eCity message. (Ord.15-4621, 5-19-2015)
C. The niMayor pPro tTem shall act as mMayor during the absence of the mMayor. (Ord.
85-3227, 3-12-1985)
Section 2.07. General Powers 4,and Duties.
All powers of the eCity are vested in the c('ouncil, except as otherwise provided by state
law or this eCharter. (Ord. 85-3227, 3-12-1985)
Section 2.08. Appointments.
A. The eCouncil shall appoint the cCity Manager.
B. The eCouncil shall appoint the cCity eClerk. (Ord. 85-3227, 3-12-1985)
C. The eCouncil shall appoint the c-City aAttorney. (Ord. 95-3671, 3-28-1995)
D. The City Manager shall appoint the Chief of the Police Department and the Chief the
Fire Department, subject to approval of the Council.
-D l'. The eCouncil shall appoint all members of the ity's boards, except as otherwise
provided by state law. (Ord. 85-3227, 3-12-1985)
The _ouncil shall fix the amount of compensation, if any, of persons it appoints and
shall provide for the method of compensation of other -.ity employees. All appointments
and promotions of cCity employees by c i vy r...inEi1 and e i ty ,nagei-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)
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The following is a working dra t o ra osed amendments as o November 25 2024 to the
Iowa CityCharter b the Charter Review Commission. The Commission has not finalized the
ro osal and all Votential amendments are sub'ect to chap Qe.
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 c-Councitmember 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.
of the Are depaFtmefit-, which are subjeette approval of the rcky
nor its membefs Fnay dietate, in any Enanner-, the appointment or- removal of any per -son
2 0 0 54 With the excep hon of powers p rovided in Section 2.08 a Council member may not
dictate i nany manner the a 1212oint en or removal of any Ci ty em P to ee. However the
Council may express its v1ews to the �.mnt;ne autl,.,riPy i3er-tai,,ine to the ap no ,...,.. ent ..
renieval of such emptaywi�� pertaining to the appointment or removal of such em to ee to
the Council appointee under whom the employee works, [City Manager. City Attorney. CitX
Clerlt .
C.
appointed by orunder--the-curt ea e€the �e1-(Ord. 76 2792,'1°6}A Council
member may not interfere with the supervision or direction of any City employee other
than the City Manager, City Attorney, or City Clerk.
ARTICLE III. NOMINATION, PRIMARY ELECTION AND REGULAR ELECTION
Section 3.01. Nomination.
A. An eligible elector of a eCouncil district may become a candidate for a 4 Council district
seat by filing with the Johnson County eCommissioner of L=_'lections a valid petition
requesting that his or her7their name be placed on the ballot for that office. Unless
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The followhig is a working draft of proposed amendments as of !November 25 2024 to the
l_y_w_a_City Charter by the Charter Review Commission. The Commission has not finalized the
proposal and a// potential amendnents are sub'ect to change.
otherwise provided by state law, the petition must be filed not more than eighty-five (85)
days nor `IILs-Tfewer 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 eCity election, but not lt—sisfewer than ten (10) persons.
B. An eligible elector of the c-City may become a candidate for an at -large eCouncil seat by
filing with the Johnson County c-Commissioner of :lections a petition requesting that the
candidate's name be placed on the ballot for that office. Unless otherwise provided by state
law, the petition must be filed not more than eighty-five (85) days nor fes-,-,fewcr 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
l—,-,fewer than ten (10) persons. (Ord. 15-4621, 5-19-2015)
Section 3.02. Primary Election.
A. If there are more than two candidates for a eCouncil district seat, a primary election
must be held for that seat with only the qualified electors of that , t :ouncil 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 t Jty 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 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 eCity election, each eCouncil district seat up for election shall be listed
separately on the ballot and only the names of candidates nominated from that eCouncil
district shall be listed on the ballot as candidates for that seat. However, all qualified
electors of the eCity shall be entitled to vote for each candidate. The three eCouncil district
seats shall be designated on the ballot as eCouncil 4District A, eCouncil dDistrict B and
eCouncil d_District C and each shall be elected at --large.
B. The at --large eCouncil seats shall be designated on the ballot as such. (Ord. 85-3227, 3-
12-1985)
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The following is a working_draft_yf proposed amendments as of November 25, 2024 to the
Iowa CityCharter b the Charter Review Commission. The Commission has not finalized the
proposal and all potential amendments are subject to change.
ARTICLE IV. CITY MANAGER
Section 4.01. Appointment; Qualifications.
In appointing a eCity n:rManager, the eCouncil shall consider only the qualifications and
fitness of the person without regard to political or other affiliation. During his Ar her their
tenure the eCity Manager shall reside within the cCity. (Ord. 76-2792,1-2-1976)
Section 4.02. Accountability; Removal.
A. The eCity Manager is under the direction and supervision of the eCouncil and holds
office at its pleasure. A cCity mManager removed by the eCouncil is entitled to receive
termination pay as provided by contract. (Ord.15-4621, 5-19-2015)
B. Upon the resignation or removal of the eCitymManager, the eCouncil shall appoint an
individual qualified to perform the duties of ECity+:RManager to serve at the pleasure of
eCouncil or until a eCity mManager is appointed. (Ord. 76-2792,1-2-1976)
Section 4.03. Absence;. Disability Gof City Manager.
The cCity mManager may designate a qualified eCity employee as acting eCity FrManager to
perform "4�rtheir duties during a temporary absence or disability. If the eCity
Manager does not make such a designation, the eCouncil shall appoint a qualified eCity
employee to perform the duties of the eCity Manager until he or &h-�-t a returns. (Ord.
76-2792,1-2-1976)
Section 4.04. Duties Oof City Manager.
A. The eCity Manager shall be chief administrative officer of the eCity and shall:
(1) InsureEnsure 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 cCity appointed by the eCity *vManager including their
employment, training, reclassification, suspension or discharge as the occasion requires,
subject to state law.
(3) Appoint the eChief of the p.Eolice ddepartment and the eChief of the tTire
! Ilepartment with the approval of the cCity eCouncil.
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The following is a workin dra t o ro o ed amendments as o November 25 2024 t the
Iowa City Charter by the Charter Review Commission. The Commission has no nalized the
proposal and all patential amendments are sub'ect to change.
(4) Supervise the eChief of the pPolice dDepartment and c-Chief of the €Fire
#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.
(6) Supervise the administration of the eC:ity personnel system, including the
determination of the compensation of all eCity employees appointed by the c-City
mManager subject to staff fawthis 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
eCity, and all c-City-owned property including buildings, plants, systems, and enterprises,
and have charge of their construction, improvement, repair and maintenance except where
otherwise provided by state law.
(9) Supervise the making and preservation of all surveys, maps, plans, drawings,
specifications and estimates for the c-City.
(10) Provide for the issuance and revocation of licenses and permits authorized by
state law or (ity ordinance and cause a record thereof to be maintained.
(11) Prepare and submit to the ,-r_ouncil the annual budgets in the form prescribed
by state law.
(12) Provide the eCouncil an itemized written monthly financial report.
(13) Attend :ouncil meetings and keep the eCouncil fully advised of the financial
and other conditions of the c-City and its needs.
(14) See that the business affairs of the -:c 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)
B. The c-City fi-i 3anager, 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 C:ity eaManager.
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The following rs a working draft of proposed amendments as of November 25. 2024 to the
Iowa City Charter by the Charter Review Commission. The Commission has not-fi,nalized the
pLUasoI and all potential amendments are subject 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 a rManager.
(3) Execute contracts on behalf of the eCity when authorized by the eCouncil. (Ord.
85-3227, 3-12-1985)
Section 4.05. lneligibiliM Prohibited Acts.
Except for the exercise of the right to vote, the eCity mManager shall not take part in any
election of eCouncil members. This prohibition shall in no way limit the cCity fnManager'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 coommunity ppolice i Review 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
cons der_the available demographics of board and commission members and a.jplicants 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 eCommunity $Police Review bBoard, which shall have
vested in it the following minimum powers:
1. To hold at least one community forum each year for the purpose of hearing views on
the policies, practices, and procedures of the Iowa City pEolice dl)epartment; alld
2. To make recommendations regarding such policies, practices, and procedures to the
eCity eCouncil;_;:, <
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.
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The following is a working draft of proposed amendments as of NOVember 25, 2024 to the
Iowa City Charter by the Charter Review Commission. The Commission has not�raalized the
proposal and all pote?itial amendments are sub ect to change.
The eCouncil shall, subject to the requirements of state law, seek to provide broad
representation on all boards. The eCouncil shall establish procedures to give at least thirty
days' notice of vacancies before they are filled and shall encourage applications by
residents. Council procedures for the removal of members shall be consistent with state
law. (Ord. 05-4152, 3-1-2005; amd. Ord. 15-4621, 5-19-2015)
Section 5.03. Rules.
A. The eCouncil shall establish rules and procedures for the operation of all boards,
which must include but are not limited to, the adoption of by-laws and rules pertaining to
open meetings and open records. (Ord. 05-4152, 3-1-2005)
B. The �_ Council 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 eCharter. (Ord. 76-2792, 1-2-1976)
ARTICLE VI. CAMPAIGN CONTRIBUTIONS AND EXPENDITURES
Section 6.01. Limitations b„n ,he Amount 8of Campaign Contributions.
The eCouncil, by ordinance, shall prescribe limitations on the amount of campaign
contributions made to a candidate for election to eCouncil by a person as defined in this
eCharter. (Ord. 95-3671, 3-28-1995)
Sect! o n . 2. Di closure Oo f Contributions Aand Expend i tu res.
The eCouncil, 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 O_ode of Iowa. (Ord. 05-4152, 3-1-2005; amd. Ord. 15-4621, 5-
19-2015)
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The fallowing is a working draft of proposed amendments as of November 25, 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.
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
Section; and (2) when appropriate, conditions for the revocation of a candidate's right to
serve on eCouncil if elected, consistent with state law. (Ord. 05-4152, 3-1-2005)
ARTICLE VII. INITIATIVE AND REFERENDUM
Section 7.01. General Provisions.
A. Authority.
(1) Initiative. The eligible electors have the right to propose measures to the
Council 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 cCity budget.
(c) The appropriation of money.
(d) The levy of taxes or special assessments.
(e) The issuance of general obligation and revenue bonds.
(f) The letting of contracts.
(g) Salaries of eCity employees.
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The-followin_q is a workina draft of Drowsed amendments as ofNovember 25, 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 chatige.
(h) Any measure required to be enacted by state or federal law.
(i) Amendments to this -[_Barter.
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 cCouncil action to authorize
acquisition of property for that public improvement, or notice to bidders for that public
improvement, whichever occurs earlier. "Public improvement" shall mean any building or
construction work.
(2) Resubmission. No initiative or referendum petition shall be filed within two
years after the same measure or a measure substantially the same has been submitted to
the voters at an election.
(3) Council Repeal, Amendment -',., .nd Reenactment. No measure proposed by
initiative petition and adopted by the vote of the c,,Council without submission to the voters,
or adopted by the voters pursuant to this article, may for two years thereafter be repealed
or amended except by a vote of the people, unless provision is otherwise made in the
original initiative measure. No measure referred by referendum petition and repealed by
the vote of the 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 ( :ity.
(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. EffectO .1 Filing Petition. The filing of an initiative or referendum petition does not
suspend or invalidate any measure under consideration. Such measure shall remain in full
force and effect until its amendment or repeal by -Council pursuant to -,Section 7.05A or
until a majority of the qualified electors voting on a measure vote to repeal or amend the
measure and the vote is certified.
E. City Obligations. An initiative or referendum vote which repeals an existing measure
in whole or in part does not affect any obligations entered into by the eCity, its agencies or
any person in reliance on the measure during the time it was in effect. (Ord. 15-4621, 5-19-
2015)
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The _Lollowing is a working draft of proposed amendments as ofNovember 25, 2024 to the
Iowa City Charter by the Charter Review Commission. The Commission has riot -finalized the
proposal and all potential amendMents are subject to change.
Section 7.02. Commencement Qof Proceedings: Affidavit.
A. Commencement. One or more qualified electors, hereinafter referred to as the
"petitioners," may commence initiative or referendum proceedings by filing with the eCity
eClerk 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 t [_ity eClerk shall accept the affidavit for filing if on its face it appears to
have signatures of one or more qualified electors. The c-City eClerk shall issue the
appropriate petition forms to the petitioners the same day the affidavit is accepted for
filing. The eCity eClerk shall cause to be prepared and have available to the public, forms
and affidavits suitable for the commencement of proceedings and the preparation of
initiative and referendum petitions. (Ord. 05-4152, 3-1-2005)
Section 7.03. Petitions: Revocation Gof Signatures.
A. Number [oaf 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 +. [;ity
.,-(clerk need have attached to it only one copy of the measure being proposed or referred.
C. Affidavit 9af Circulator. Each paper of a petition containing signatures must have
attached to it when filed an affidavit executed by an eligible elector certifying: the number
of signatures on the paper, that the elector personally circulated it, that all
signatures were affixed in his p-r h--r- the4,.. the elector's presence, that he or she thE!y the
elector believesss 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.
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The Followina is a workin q draft ofp ra a ed amendments as of November 25 2024 to tine
Iowa City Charter by the Charter Review Commission. The Commission has not finalized the
ro o al and all potential amendments are sub'ect to change.
D. Time lxfor 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 _ror 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 -,Section
7.02A was filed.
F. Revocation 9of Signature. Prior to the time a petition is filed with the eCity eClerk, a
signatory may revoke'�i�ertheir signature for any reason by filing with the eCity
eClerk a statement of hAr«their intent to revoke h;s A P h P r their signature. After a
petition is filed a signatory may not revoke h J r, A r h e rthei r signature. The eCity 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 9QfAa Petition. A petition is valid if it contains the minimum required
signatures by eligible electors in the required form and with the required content and
accompanied by the affidavit of circulator as set forth in sSection 7.03. The petition shall be
examined by the eCity of l erk before it is accepted for filing. If the petition appears valid on
its face it shall be accepted for filing. If it lacks the required number of signatures it shall be
considered invalid and returned to the petitioners. Petitions which have been accepted for
filing are valid unless written objections are filed with the eCity eClerk within five working
days after the petition is received.
B. Hearing 0;_-n Objections; Objections Committee. Written objections timely filed with
the eCity eClerk shall be considered by an objections committee made up of the inMayor
and eCity eClerk and one member of the ouncil chosen by the t. ouncil by ballot, and a
majority decision shall be final. The hearing on the objections shall be held within ten days
of receipt of the objections.
C. Court Review. To the extent allowed by law, court review of the 00bjections
eCommittee's actions shall be by writ of certiorari. (Ord.15-4621, 5-19-2015)
Section 7.05. Action Gon Petitions.
Page 16
The -following is a woi*inq dra ft 012roposed amendments as o 'November 25 2024 to the
lotva Qy Charter ky the Charter Review Commission. The Commission has not finalized the
ro o al and all potential amendments are subject to chap ge.
A. Action Bby 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 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 eCouncil fails to
repeal the referred measure within thirty days after the date the petition was finally
determined valid, it shall submit the proposed or referred measure to the qualified electors
of the eCity as hereinafter prescribed. If at any time more than thirty days before a
scheduled initiative or referendum election the ECouncil adopts the proposed initiative
measure or adopts a measure which is similar in substance or if the eCouncil repeals a
referred measure, the initiative or referendum proceedings shall terminate and the
proposed or referred measure shall not be submitted to the voters.
B. Submission Tto Voters.
(1) Initiative. If required by the section, Tthe vote of the eCity on a proposed measure
shall be held at the regular- city election or at t�e general election ;-vhir_-h Rext occuris first
legall-permissible election date more than forty days after the expiration of the sixty day
period provided for consideration in sSection 7.05A, provided that the initiative petition
was filed no less fewer_than 80 days prior to the deadline imposed by state law for the
submission of ballot questions to the eCommissioner of eElections.
(2) Referendum. If required by this section. Tthe vote of the eCity on a referred
measure shall be held at the r lai- city election nr• at the general
eceurs first legally permissible election date_ more than forty days after the expiration of
the thirty day period provided for reconsideration in sSection 7.05A, provided that the
referendum petition was filed no 1-ess-fewer than 50 days prior to the deadline imposed by
state law for the submission of ballot questions to the eCommissioner of eClections. The
eCouncil may provide for a special referendum election on a referred measure any time
more than 120 days after the filing of the referendum petition with the eCity eClerk.
C. Ballot. Copies of the proposed or referred measure shall be made available to the
qualified electors at the polls and shall be advertised at the eCity's expense in the manner
required for "questions" in section 376.5 of the Iowa Code. The subject matter and purpose
of the referred or proposed measure shall be indicated on the ballot. (Ord. 15-4621, 5-19-
2015)
Section 7.06. Results Aof Election.
A. Initiative. If a majority of the qualified electors voting on a proposed initiative
measure vote in its favor, it shall be considered adopted upon certification of the election
results. The adopted measure shall be treated in all respects in the same manner as
measures of the same kind adopted by the eCouncil, except as provided in 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.
Page 17
The followinra_is a working draft ofproposed amendments as of November 25, 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.
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 Bon Establishment Oof Stricter Conditions Oor Requirements.
The (.:ouncil 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 c-Charter may be amended only by one of the following methods:
A. The eCouncil, by resolution, may submit a proposed amendment to the voters at the
first Iegally permissible election_date -co iisistent with Section 7.05(B) of this Charters
special city el� and the proposed amendment becomes effective when approved by a
majority of those voting.
B. The eCouncil, by ordinance, may amend the c-C:harter. However, within thirty (30) days
of publication of the ordinance, if a petition valid under the provisions of section 362.4 of
the eCode of Iowa is filed with the eCouncil, the eCouncil must submit the amending
ordinance to the voters at the first legally permissible election date consistent with Section
7.05(B) of this Charter' special city election, and the amendment does not become effective
until approved by a majority of those voting.
C. Petitions.
(1) Action by Council. If a petition valid under the provisions of section 362.4 of the eCode
of Iowa is filed with the eCouncil proposing an amendment to the eCharter, the Council
shall promptly consider the proposed amendment. If the Council fails to adapt a
proposed amendment which is similar in substance within Sixty days, it shall submit the
proposed amendment to the qualified electors of the City as hereinafter prescribed. If at
any time more than thirty days before the scheduled election the Council adopts a
proposed amendment which is similar in -substance, the amendment proceedings shall
terminate and the proposed amendment shall not be submitted to the voters.
2 Amendment. If re aired by this section the vote of the Ci on the proposed
amendment shall be held submit the proposed amenr melit to the
vmat the first legally permissible election date consistent with Section 2
8.01(C)C11 of this Charter" , and the amendment becomes effective
if approved by a majority of those voting. (Ord. 05-4152, 3-1-2005)
Page 18
The following is a workin dra t a ro sed amendments as a Nav er 25 2024 to the
Iowa City Charter by Charter Review Commission. The Commission has r at finalizedthe
proposal and all potential amendments are subject to change.
{�(3j Ballot. Gies 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 sertion_376.5 of the Iowa Code. The subject matter and purpose of the
proposed amendment shall be indicated on the ballot.
Section 8.02. Charter Review Commission.
The eCouncil, using the procedures prescribed in aArticle V, shall establish a eCharter
-FReview eCommission at least once every ten years following the effective date of this
eCharter. The eCommission, consisting of at least nine members, shall review the existing
eCharter and may, within twelve months recommend any eCharter amendments that it
deems fit to the eCouncil. The eCouncil shall either exercise its power of amendment
pursuant to s5ection 8.01E of the eCharter on a matter recommended by the eCommission
or submit such amendments to the voters in the form prescribed by the eCommission, and
an amendment becomes effective when approved by a majority of those voting. (Ord. 05-
4152, 3-1-2005)
CHARTER COMPARATIVE TABLE
The 411ome 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
Page 19
The_ following is a working draft of proposed amendments as of November 2S. 2024 to the
Iowa City Charter b2 the Charter Review Commission. The Commission has not-finolized the
proposal and all potential amendments are subiect to change.
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-
2.0613, 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
15-4621
5-19-
Preamble, 2.0613, 3.01, 4.02A, 5.01, 5.02, 6.03, 7.01, 7.03, 7.04,
2015
7.05, 7.06, 7.07
Petition
11-
7.03A
2016
Page 20