HomeMy WebLinkAbout1995-01-31 RecommendationCharter Review Commission Recommendations
January 27, 1995
The nine member Charter Review Commission held 12 meetings since May 17, 1994 to
review the City of Iowa City Charter. The Commission started with a Charter overview which
provided information about the Home Rule Act, city powers and city charters, and
organization of city government. The Commission then discussed Charter provisions; reviewed
city staff input and recommendations; met with former council members and council
candidates; and held a public hearing to receive citizen input. The public hearing was
broadcast live on the government channel and phone calls were accepted.
The Charter Review Commission focused discussions on non-discrimination language,
campaign finance disclosure (follow up enforcement, discrepancy between local and state
requirements, and 950 limitation}, elections (primary and general), and districts (number,
representation, neighborhoods).
The Charter Review Commission also solicited city staff input. They received five recommen-
dations from city department directors, agreeing to forward four of the recommendations to
council. At the Commission's request, City Attorney Woito attended three meetings to advise
the commission on elections and primary voting, campaign finance disclosure, and non-
discrimination provisions.
The Charter Review Commission met with former Council members and Mayors J. Balmer and
D. Courtney and former council candidates J. Smith and P. Egli on September 29, 1994 to
discuss campaign disclosure, four year terms of office, the mayoral selection process, council
compensation, and changing the present primary and general election systems. Former
council members W. Ambrisco and R. Larson also provided their written comments.
A public hearing was held on November 2, 1994 to receive public input. Rusty Martin
proposed establishing six council districts and an at-large mayor. Chris Randell stated that
council compensation should be increased. Four telephone calls were also taken during the
broadcasted public hearing commenting on district representation and neighborhoods.
The Charter Review Commission makesthe following recommendations which the commission
believe to be non-substantive in nature and recommend Council adoption by ordinance rather
than submission to the voters:
Non-Discrimination
To add language to the Charter Section 2.08E to read, "All appointments and promotions of
city employees by City Council and City Manaqer must be 'made according to job-related
criteria and be consistent with nondiscriminatory and equal employment opportunity standards
established pursuant to law." Motion carried, 6/2.
The Commission noted the change to reaffirm the original spirit of the charter and re-
enforces language already in existence by city, state, and federal provisions. (Meetings:
7/14/94; 8/31/94)
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Penalties (6.04)
To recommend to Council that they take action and establish penalties with regard to Section
6.04. Motion carried, 8/0.
The Commission referenced charter section 6.02 stating "The council may prescribe
procedures..." And 6.04 stating "The Council, by ordinance, shall prescribe
penalties...", noting penalties were originally called for and never done. (Meetings:
11/30/94)
"Person" (6.O1}
To change Section 6.01 to read, "The council, by ordinance, shall prescribe limitations on the
amount of campaign contributions made to a candidate for election to Council by a oersgil as
defined in this Charter." Motion carried 8/0.
The Commission noted the definition of person contained in themcharter to include
individual, firm, partnership, corporation, company, association, political party,
committee or any other legal entity. (Meetings:l 1/30/94)
General Recommendation
To recommend to Council that the next Charter Review Commission be convened one year
after the next census. Motion carried, 9/0.
The Commission realized the growth of the city and the impact that growth has on the
size of districts; suggested charter review after the next census and establishment of
review to coincide with each ten year census thereafter. (Meetings:l 2/8/94)
Staff Recommendations
To change Page 4, Section 2.06, Mayor., Subsection B., third line, replace "spokesman" with
"sl~okesoerson." Motion carried, 8/0. (Meeting: 1/4/95)
To change Page 4, Section 2.08, Appointments., Subsection C., "The Council shall appoint
the City Attorney." Motion carried, 8/0. (Meeting: 1/4/95)
To change Page 6, Section 3.01, Nomination., Subsection A., last line in paragraph should
read "...not less than ten (10) persons." Motion carried, 8/0. (Meeting: 1/4/95)
To change Page 17, Section 7.04, Procedure after filing. Subsection D. Validity of signatures.
Third line from bottom should read "...current voting rolls..." Motion carried, 8/0. (Meeting:
1/4/95)
Other key areas of discussion were:
Council/Manager Form. Moved and seconded to continue the Charter Review discussions
based on retaining the Council/Manager form of government. Motion carried, 9/0. (Meeting:
6/14/94)
City Manager Duties. Commission recognized the State Code lists City Manager duties and
agreed to retain the Charter section. (Meeting: 7/14194)
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Term of Office. (Four years per and no limit on number) Moved and seconded that the term
of office remain four years. Motion carried, 6/2. (Meetings: 7/14/94; 11/16/94)
Moved and seconded to move limitation of term of office to the resolved list. Motion carried,
7/1. (Meeting: 11/16194)
Recall. Moved and seconded to remove "recall" as a discussion item. Motion carried, 6/0.
(Meeting: 6/29/94)
Initiative and Referendum. Moved and seconded to move initiative and referendum to the
resolved list. Motion carried, 8/0. (Meetings: 6/29/94; 11/16/94)
Mayor Selection. Moved and seconded to move mayor selection to the resolved list. Motion
carried, 7/1. (Meeting: 11/16/94)
Council Compensation. Moved and seconded to move council compensation to the resolved
list. Motion carried, 6/2. (Meeting: 11/16/94)
Campaign Finance Disclosure. (Follow-up enforcement; discrepancy with state; and $50
limitation) Moved and seconded to recommend to Council that they take action and establish
penalties with regard to Section 6.04. Motion carried, 8/0. (Meetings: 7/14/94; 11/16/94;
11/30/94)
General Voting. Moved and seconded that in the general election for every seat that is open,
every voter votes for every seat. Motion carried, 6/2. (Meeting: 11/30/94)
Elections. (Primary voting, 2.10 Vacancies) Moved and seconded to retain Charter Section
3.02 Primary Election. Motion carried, 5/4. (Meetings: 7/14/94; 11/30/94; 12/8/94)
Districts. (Number, representation; neighborhood) and Council Size (number) Moved and
seconded to retain the current system of 7 council members with 4 at large and 3 residential
district. Motion carried, 6/3. (Meeting: 12/8/94)
Staff Recommendation.
Moved and seconded to not change Page 6, Section 2.12, Prohibitions., Subsection B., third
line, sentence should read "However, the council or its members may express..." Motion
carried, 8/0. (Meeting: 1/4/95)
By the 1994/95 Charter Review Commission:
John McDonald, Chair
Patt Cain
Paul Egli
Mary Geasland
Jeff McCullough
Kathy Penningroth
Ann Rhodes
Clayton Ringgenberg
Craig Willis
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