HomeMy WebLinkAbout2005-01-18 Recommendation REPORT OF THE IOWA CITY
CHARTER REVIEW COMMISSION
The Commission and the Process. The Iowa City Charter Review Commission was
established by the Iowa City City Council in May of 2004. 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." The
Commission must be established by the City Council at least once every ten years.
Commission members were selected by the Council and include Chairperson William
Sueppel, Chair Pro tem Vicki Lensing, Andrew Chappell, Penny Davidsen, Nate Green,
Karen Kubby, Naomi Novick, Lynn Rowat, and Kevin Wemer. In furtherance of its
charge the Commission began meeting in mid-May. The Commission has met over
twenty two (22) times for in excess of forty (40) hours. Citizens have had the
opportunity to participate in the process at every step. All meetings were posted and
open to the public, the Commission heard in-person citizen comments and accepted
written correspondence, and the Commission held two traditional public hearings and a
public meeting with interactive discussion. The Commission was aided in its work by the
invaluable contributions of Eleanor Dilkes, City Attorney; Marian Karr, City Clerk; and
Laura Berardi, Minute Taker.
The Report. This Report is meant to provide the City Council and the public with a
substantive review of the Commission's recommendations. It supplements the "red-line"
version of the Charter that was drafted by the City Attorney and sets forth the language of
the specific amendments. While the hope is that the Report will provide some details to
explain the Commission's recommendations, any document of this nature will necessarily
be somewhat incomplete. Accordingly, the Report itself should be supplemented with
the copious minutes taken of the Commission's meetings. Additionally, the Commission
remains available to address questions and issues that may arise during the Council's
review of its recommendations.
Explanations of Recommended Charter Amendments.
1. The recommendation to amend the definitions of "Ordinance" and
"Measure" is part of a larger recommendation to replace the term ordinance with
measure throughout Article VII. As currently written, Section 7.01(A)(3) defines
"ordinance" to include "all measures of a legislative nature". However, in the
general definitions section of the Charter measure is defined more broadly than
ordinance and means "an ordinance, amendment, resolution or motion." The
amendment is meant to both reconcile this inconsistency and make clear that
initiative and referendum are available with respect to, the more broadly defined,
measures rather than, the more narrowly defined, ordinances.
2. The recommendation to amend Section 2.03 is one of word preference.
The Commission thought the term "eligible elector" to be more clear and
understandable than the term "domiciliary."
3. The recommendation to amend Section 2.11(A) is meant to bring the
section into conformity with the State Code provision. There is no change in
meaning. Passage of an ordinance, amendment or resolution requires a majority
vote of all members of the Council, rather than simply a majority of the members
present.
4. The recommendation to delete Section 2.11(B) is meant to address
concerns that this section is inconsistent with State Code provisions regarding city
legislation. From a policy standpoint, the Commission also had concerns about
the broad power the section appeared to give the Council to present virtually any
matter to the electorate for a vote, thereby allowing the Council to avoid its
responsibility to legislate. Council has never used this provision.
5. The recommendation to amend Sections 2.12(B) and 4.04(A)(3)-.04(A)(4)
is meant to both clarify and formalize the City's current practice of having the
City Council take formal action to approve the City Manager's appointment of
either the Police Chief or the Fire Chiefi In addition to past practice, this also has
support in existing state law. While some members of the public supported the
idea of having the City Council appoint the Police Chief instead of the City
Manager, the majority of the Commission did not support this idea. There was no
interest in extending this practice of approval to other city department heads.
6. The recommendations to amend Sections 3.01(A), 4.03 [Title], 4.04
[Title], 7.01(C)(1), 7.02(B), 7.04(A), 7.06(A), 7.06(B) are either typographical or
grammatical in nature.
7. The recommendation to amend Section 4.04(A)(5) is an acknowledgment
that it is not possible or advisable to have the City Manager "make" all of the
City's purchases, rather than simply supervising them.
8. There are two recommended amendments to Section 5.02. The
recommended replacement of the word "nominations" with "applications" is
meant to make the Charter more consistent with the City Council's current
practice for filling vacancies on Boards and Commissions whereby applicants
submit applications. The recommended change related to the removal of Board
and/or Commission members is meant simply to make the Charter more clearly
consistent with current state law and City practice.
9. The recommendation to amend Section 5.03 is meant to emphasize.that
Boards are subject to open records requirements as well as open meetings
requirements, and that their by-laws should address both matters. This
amendment may require related changes in the by-laws of most City Boards.
10. The recommendation to amend Section 6.02 is to make it more clear and
readable.
11. The recommendation to amend Section 6.03 is meant to ensure the
Charter's use of the term "contribution" is consistent with existing state law
regarding campaign finances. Under state law a person's time .may be a
"contribution" if it is provided on a collective basis by, for instance, a business or
union.
12. There are two recommended amendments to Section 7.01(B)(1). First, the
Commission recommends that 7.01(B)(1)(j) be amended to prohibit any initiative
or referendum affecting the city zoning ordinance including the maps of the
Comprehensive Plan and the district plan maps, regardless of the size of the tract
of property at issue. The Iowa Code sets out a very detailed process for amending
a city's zoning ordinance and related maps, including a public hearing,
consideration by the Planning and Zoning Commission and City Council and
super-majority requirements upon objections by property owners. There were
concerns that allowing the initiative and/or referendum process to be used to
effectively amend the zoning ordinance would be inconsistent with this statutory
scheme. From a policy standpoint, the Commission also determined it would be
more appropriate for such amendments to go through the public hearing process,
than through a petition and voting process. Second, the Commission recommends
that a new section 7.01(B)(1)(k) be added placing limitations on when public
improvements may be subject to initiative and referendum. The intent with this
recommendation is not to prohibit any initiative or referendum dealing with
public improvements, but to limit them to appropriate times, prior to certain
actions being taken which either significantly encumber city resources or create
burdens on private property owners who may be effected by a given project. The
term "public improvements" is defined in accordance with state law to refer to
building and construction work.
13. The Commission recommends the phrase "and any other information
required by City Council" be removed from Section 7.03(B). This language
allowed the City Council to require "any other information" it wanted to be
collected as part of the petition process for an initiative or referendum effort.
However, the language places no limitation on what other information could be
required and does not require that the information be demanded on all initiative or
referendum petitions. In essence, the language appeared to give the City Council
the ability to create significant obstacles for specific initiative or referendum
efforts. Though there is no evidence of the City Council ever requiring such
"other information" of particular petitioners, the Commission was concerned
about the potential for abuse through use of this language. Further, if the City
Council would like to require petitions to include information other than that
which is currently required by Section 7.03(B), it may use its power to amend this
section of the Charter. If that occurs, however, the requirements would at least be
applicable to all petitioners.
14. The recommendation to amend Section 7.04(C) clarifies the proper ~vay
to request judicial review of the City Council's actions taken in conjunction with
Section 7.04(B), namely through writ of certiorari. We were advised that
purporting to confer jurisdiction on the district court by way of judicial review is
contrary to Iowa caselaw.
15. The Commission recommends that the sentence "The Council shall submit
to the voters any ordinance which has been proposed or referred in accordance
with the provisions of this Article unless the petition is deemed insufficient
pursuant to Section 7.04." be deleted because it is unnecessary, given other
language in the Charter, and may actually be confusing to some.
16. The amendments recommended for Section 7.05(B) are meant to clarify
when an initiative or referendum petition must be filed in order to be placed on a
particular ballot. Attached you will find an exhibit labeled "Charter Timelines".
The timeline at the top of the page shows the maximum times currently provided
in the Charter for each step of the initiative and referendum process. The timeline
on the bottom of the page shows the actual timeline for a recently filed initiative.
As you can see, while the Charter provides 110 days for Clerk certification,
additional signatures, Clerk certification of the supplemental petition, and Council
consideration of a proposed initiative or referendum, in the example at the bottom
of the page that process was condensed into four days. In other words, because
there is no minimum amount of time prior to the deadline for ballot questions
within which a petition must be filed to get on that ballot, the process can be
squeezed if the Council so chooses. The changes made to Section 7.05(B) of the
Charter are proposed to address this problem and require that the vote on a
proposed or referred ordinance may be held at the regular City election or general
election in November only if the petition was filed sufficiently in advance of the
election to allow time for the Clerk's review and Council's consideration.
17. The amendments recommended for Sections 8.01(A) and 8.01(B),
changing the phrase "City election" to "special city election", are meant to make
these sections consistent with current state law.
18. The amendments recommended for Sections 8.01(B) and 8.01(C),
referring to Iowa Code § 362.4, do not change the number of signatures a petition
to amend the charter must have in order to be valid. Rather, they make clear that
all aspects of section 362.4 must be met, in addition to the correct number of
signatures. The Commission also believes that referring to the appropriate code
section will help citizens to be better informed about all of the appropriate petition
requirements prior to beginning the petition process.
19. The amendments recommended for Section 8.02 attempt to make clear
that the Charter Review Commission makes its recommendations to the City
Council, and then the City Council may either submit the recommendations to the
voters or use its power, pursuant to Section 8.01(B), to adopt the
recommendations by ordinance.
Other Matters Considered. In addition to those matters discussed that led to the above
recommendations, the Commission also gave serious consideration to several issues that
did not lead to recommended amendments. Some of those issues are discussed below.
Numerous other issues were also discussed by the Commission and these discussions,
though not described here, are reflected in the Commission's meeting minutes.
1. Selection of the Mayor. The Commission spent considerable time
discussing the method used to select the mayor, both in its regular meetings and at
the interactive public meeting. Some concerns were raised with the current
process, including generally the secrecy of or lack of transparency in how the
Council Members choose the Mayor and the inability of members of the general
public to vote for a Mayor or otherwise participate in the process. In response to
these concems the Commission considered an amendment to the Charter that
would have required that the Mayor be elected directly by the citizens. The
potential problems with such a change included the risk that someone could be
elected Mayor without any experience working on the Council and that a mayoral
election could degenerate into a popularity contest. In the end, the majority of the
Commission decided not to recommend an amendment to the Charter on this
issue, believing the current system, despite concerns, has worked well.
2. Term Limits. The Commission discussed term limits for the mayor and/or
council members. Some support for a limitation on the number of two-year terms
an individual could serve as mayor was voiced at the interactive public meeting.
Despite this support, the Commission decided against recommending any term
limits be built into the Charter. The reasoning for this position was that, in a
representative government, the best and most appropriate term limitations come
through the voters electing candidates of their choice.
3. Number of Districts. The Commission discussed whether to amend the
Charter to change the number of council districts from three to four. The concern
presented was that the city's geographic and population growth had made the
existing districts too large to be manageable. No recommendation was made to
increase the number of districts, however, because the associated decrease in
geographic area and population represented by district council members would
have been relatively small. Also, there was a preference to maintain the current
majority of council members being at-large.
4. Election of District Council Members. The Commission spent a great deal
of time discussing the current system for electing district council members and the
fact that only residents of the district may vote in a district primary but all voters
may vote on the district in the general election. An amendment was considered
that would have allowed only residents of a particular district to vote in that
general election district race. In support of this amendment was the idea that it
would alleviate voter confusion over the current system and it may also engender
stronger connections between the district electorate and the district-only council
members. The majority of the Commission did not recommend such an
amendment, though, because of a concern that it might promote parochialism
among districts and a positive recognition that the current system affords each
citizen to claim a stake in all seven council races. There also were concerns from
some Commission members about the possibility that, if a change was made, a
district council member elected by and representing only a third of the city could
end up being selected by the City Council as mayor.
5. Voting Systems. The Commission spent some time discussing various
alternative voting systems that attempt to eliminate costly primaries and allow
consideration to be given to a voter's second choice, in the case of a failure of one
candidate to secure a majority. No amendments relative to these systems were
recommended, however, due to concerns about whether they would be
permissible given existing state law.
6. Petition Requirements for Initiative/Referendum and Charter
Amendments. Initiative and referendum petitions must be signed by qualified
electors equal in number to at least twenty-five percent (25%) of the number of
persons voting in the prior city election but may have no fewer than twenty five
hundred (2500) signatures. Charter amendment petitions must be signed by
eligible electors equal in number to ten percent (10%) of those voting in the prior
city election. The Commission discussed concerns that either or both of these
thresholds were too low and the potential inconsistency of having the threshold be
lower for amending the Charter than for simply adopting an initiative or
referendum. Regarding the threshold for charter amendment petitions, this
number is specifically dictated by the State Code and should not be changed.
Regarding the threshold for initiative and referendum petitions, the Commission
examined voter turnout in prior elections and determined that in most cases the
twenty-five percent (25%) number was not used because it would have been less
than the twenty five hundred (2500) signature limitation. Further, the relatively
low threshold for signatures is mitigated by the fact that those signing the
petitions must be qualified electors, rather than eligible electors. Accordingly, the
Commission did not recommend changes to the petition requirements.
7. Diversity on the Charter Commission. The Commission received public
comment on and discussed the diversity of the Charter Commission and whether
its members were as representative of the community as may have been possible.
While noting diversity may be defined in a number of different ways and the
diversity of any appointed group is contingent upon the field of applicants, the
Commission acknowledges that having as diverse a Charter Commission as
possible is a laudable goal. Not only does a diverse Charter Commission ensure
representation throughout the community, it also better promotes adoption of
charter amendments that reflect the current needs of an ever-changing citizenry.
While the Commission does not recommend any specific charter amendments to
address this issue, it does encourage the City Council to be mindful of the
importance of diversity on the Charter Commission, both when making
appointments and when soliciting applications.
Creation of a Citizens' Guide to the Charter. In the Commission members' numerous
collective discussions with members of the public it appeared that a significant
percentage of citizen concerns are based on an apparent or perceived lack of
transparency. Citizens want to know how their government works, want to know what in
their government is working, and how they can help their government to work better. All
of these are especially true for local governments. To this end, the Commission
respectfully recommends the City create a Citizens' Guide to the Iowa City Charter.
Such a document could clarify, supplement and explain specific provisions of the
Charter, especially those provisions that may be of particular interest to community
activists and ordinary citizens alike. As such, the Citizens' Guide would assist those
using it in better understanding and participating in our City's system of government.
The Commission recommends this Citizens' Guide be drafted by City staff and made
generally available to members of the public at the City Clerk's Office and on the City's
Website.
Conclusion. The Commission has appreciated and thoroughly enjoyed this opportunity
to review the Iowa City City Charter and it is pleased to present its recommendations to
the City Council for consideration and action. While there was not unanimity on every
issue, the recommendations as a whole come to the City Council upon the unanimous
vote of the Commission. Pursuant to Section 8.02 of the Charter, the City Council may
either adopt the Commission's recommended amendments by ordinance or may put them
on the ballot for consideration by the voters of Iowa City. The Commission recommends
the City Council adopt the proposed Charter Amendments by ordinance.
Respectfully submitted this 14th day of January, 2005.
IOWA CITY CHARTER REVIEW COMMISSION
By:
William F. St~eppel, Chairl~O~.~/~Zn
On behalf of Commission Members:
Chair Pro tem Vicki Lensing
Andrew Chappell
Penny Davidsen
Nate Green
Karen Kubby
Naomi Novick
Lynn Rowat
Kevin Wemer
Charter Timelines:
months 20 days 15 days 15 days 30 days30 days 40 days
S & ' Additional
Petition Due Co ndl Counc
si~m~ ~a~ (or) Ad~
l~f~mxl Initiative
C]~k Cel~$ Clerk ('.erti~.es
(hls~ci~)Supple.-.-.ent_a! ~ ~ Ballot
Petition
(s~,~cient) Deadline
Example of recently filed initiative:
Si~ & onat chooses
A~ davit Petition 8/25 signamr~aaa not to adopt proposed Ek ~on
initiative 8/29
11/4
8/18/97 o,~o ~ Cl.rk erti~es Stateit ~osed
(I~cienO Supplem~t~! ge~utllne for
8/28 Petition
(sa,t~icient) 8/29 ballot 8/29
RED-LINED VFRSION
January 14, 2005
Tile Citizens off Iowa City, Iowa, by virtue of the enaclmcnt of this Charter, adopt tile
£ollowing principles:
1. That the government of Iowa City belongs to all its citizens and all share the
responsibility for it.
2. That the govcrnment of Iowa City is a service institution, responsive and
accountable to its citizens.
3. That City officials should be accessible to thc people and have an affim~ativc
obligation to secure for each person equality of opportunity as well as due process
and equal protection of law.
4. That each citizen has a right to obtain fair, equal, and conrtcous treatment from
each City official and employee.
5. That the City should perfom~ all acts and take all measures necessary and
desirable to promote tile general health, safety and welPare o£ its residents, to
encourage the participation of its citizens in policy formation and to secure tile tull
benefits of "Home Rule."
As used in this Charter:
1. "City" means thc City of Iowa City, Iowa.
2. "City Council" or "Council" means the governing body of the City.
3. "Councihnember" means a member of the Cotmcil, including thc Mayor.
4. "Shall" imposes a duty.
5. "Must" states a requirement.
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 Cily xvho is registered to vote in Iowa
City.
9. "Board" includes a Board, Commission, Committee or other similar entity
howcvcr designated.
10. "Person" means an individual, firm, partnership, corporation, company,
association, political party, committee or any other legal entity.
11. "Ordinance," e'x~ept asprev4ded in~:ticte VtL moans a City law ora general
and permanent nature.
12. "Measure", pS_c_'cpt as pr51~q~.dcd in Ayiiclc Vll= means an ordinance, amendment,
resolution or motion. (Ord. No. 85-3227, § 2(1), 3--12-85)
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RED-LINED VERSION
January 14, 2005
Section 1.01. Powers of the city.
The City has all powers possible under the Constitution and laws of this State.
Section 1.02. Construction.
The grant of power to the City under this Charter is intended to be broad; the mention of
a specific power in this Charter is not intended to be a limitation on the general powers
conferred in this article.
Section 1.03. Savings clause.
if any provision of this Charter, or the application of this Charter to any person or
circumstance is held invalid, the invalidity shall not affect other provisions or
applications of this Charter.
Section 2.01. Composition.
The City Council consists of seven members. As provided in Article III, four, to be
known as Councilmembers at large, are to be nominated by eligible electors of the City at
large, and three, to be known as district Councilmembers, are to be nominated by eligible
electors of their respective districts. All Councilmembers shall be elected by the qualified
electors of the City at large. (Ord. No. 85-3227, § 2(2), 3-12-85; Ord. No. 85-3273, § 2,
12-17-85)
Section 2.02. Division into council districts.
The Council, by ordinance, shall divide the City into three Council Districts of
substantially equal population. These Districts are to be designated as Council District A,
Council District B, and Council District C.
Section 2.03. Eligibility.
To be eligible to be elected to and to retain a Council position, a person must be an
eligible elector of lowa City, and if seeking or elected to represent a Council District,
must be a domiciliary an eligible elector of that Council District. (Ord. No. 85-3227, §
2(2), 3-12-85)
Section 2.04. Terms.
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RED-LINED VERSION
January 14, 2005
At the first election under this Charter, all seven Councilmembers are to be elected; the
Councilmember from Council District A, Council District C, and the two
Councilmembers at large who receive the greatest number of votes cast for
Councilmember at large are to serve for terms of four years, and other Councilmembers
are to serve for terms of two years. Commencing at the next regular City election, and at
all subsequent regular City elections, all Councilmembers elected to fill the positions of
those whose terms expire shall be elected for terms of four years.
Section 2.05. Compensation.
The Council, by ordinance, shall prescribe the compensation of the Mayor and the other
Council members;_, and tThe Council shall not adopt such an ordinance during the months
of November and December immediately following a regular City election. (Ord. No. 85-
3227, § 2(2), 3-12-85)
Section 2.06. Mayor.
A. Immediately following the beginning of the terms of Councilmembers elected at the
regular City election, the Council shall meet and elect from among its members the
Mayor and Mayor pro tem for a term of two years.
B. The Mayor is a voting member of the Council, the official representative of the City,
presiding officer of the Council and its policy spokesperson. The Mayor shall present
to the City no later than February 28 an annual State of the City message.
C. The Mayor pro tem shall act as Mayor during the absence of the Mayor. (Ord. No.
85-3227, § 2(2), 3-12-85; Ord. No. 95-3671, § 1, 3-28-95)
Section 2.07. General powers and duties.
All powers of the City are vested in the Council, except as otherwise provided by State
law or this Charter. (Ord. No. 85-3227, § 2(2), 3-12-85)
Section 2.08. Appointments.
A. The Council shall appoint the City Manager.
B. The Council shall appoint the City Clerk.
C. The Council shall appoint the City Attorney.
D. The Council shall appoint all members of the City's Boards, except as otherwise
provided by State law.
E. The Council shall fix the amount of compensation, if any, of persons it appoints and
shall provide for the method of compensation of other City employees. All
appointments and promotions of City employees by City Council and City Manager
must be made according to job-related criteria and be consistent with
nondiscriminatory and equal employment opportunity standards established pursuant
to law. (Ord. No. 85-3227, § 2(2), 3-12-85; Ord. No. 95-3671, § 1, 3-28-95)
Section 2.09. Rules; records.
4
RED-LINED VERSION
January 14, 2005
The Council may determine its own roles and shall maintain records of its proceedings
consistent with State law.
Section 2.10. Vacancies.
The Council shall fill a vacancy occurring in an elective City office as provided by State
law.
Section 2.11. Council action.
A. Passage of an ordinance, amendment or resolution requires~,, .... ,,,,,,,,,,,v~cc'--~*: ...... ,,,~*~ of a
majority vote of all the members of the Council the Cc, unci!mcmbers except as
otherwise provided by State law.
Section 2.12. Prohibitions.
A. A Councilmember may not hold any other City office or be a City employee or
elected County official while serving on the Council nor hold any remunerated City
office or employment for at least one year after leaving the Council.
B. With the exception of the appointment of the chief of the police department and chief
of the fire department, which are subiect to approval of the City Council, Nneither
the Council nor its members may dictate, in any manner, the appointment or removal
of any person appointed by the City Manager. However, the Council may express its
views to the City Manager pertaining to the appointment or removal of such
employee.
C. A Councilmember may not interfere with the supervision or direction of any person
appointed by or under the control of the City Manager.
Section 3.01. Nomination.
A. An eligible elector of a council district may become a candidate for a council district
seat by filing with the City Clerk a valid petition requesting that his or her name be
placed on the ballot for that office. The petition must be filed not more than sixty-
five (65) days nor less than forty (40) days before the date of the election and 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 city
election, but not less than t~e ten (10) persons.
5
RED-LINED VERSION
January 14, 2005
B. An eligible elector of the City may become a candidate for mi at-large council seat
by filing with the City Clerk a petition requesting that the candidate's name be placed
on the ballot for that office. The petition must be filed not more than sixty-five (65)
days nor less than forty (40) days before the date of the election and 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 city election, but not less than ten (10) persons.
(Ord. No. 77-2864, § 2, 9-6-77; Ord. No. 85-3227, § 2(2), 3-12-85; Ord. No. 95-
3671, {} 1, 3-28-95)
Section 3.02. Primary election.
A. If there are more than two candidates for a Council District seat, a primary election
must be held for that seat with only the qualified electors of that Council 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 City
election as candidates for that Council seat.
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 Council, by ordinance,
chooses to have a mn-off-election. (Ord. No. 85-3227, § 2(2), 3-12-85)
Section 3.03. Regular city election.
A. In the regular City election, each Council District seat up for election shall be listed
separately on the ballot and only the names of candidates nominated from that
Council District shall be listed on the ballot as candidates for that seat. However, all
qualified electors of the City shall be entitled to vote for each candidate. The three
Council District seats shall be designated on the ballot as Council District A, Council
District B and Council District C and each shall be elected at large.
B. The at large Council seats shall be designated on the ballot as such. (Ord. No. 85-
3227, § 2(2), 3-12-85)
Section 4.01. Appointment; qualifications.
In appointing a City Manager, the Council shall consider only the qualifications and
fitness of the person without regard to political or other affiliation. During his or hcr
tenure the City Manager shall reside within the City.
Section 4.02. Accountability; removal.
A. The City Manager is under the direction and supcrvision of the Council and holds
office at its pleasure. Unless otherwise provided by contract, a City Manager
removed by the Council is entitled to receive termination pay of not less than txvo
months' salary, computed from the date of the resolution of removal.
RED-LINED VERSION
January 14, 2005
B. Upon the resignation or removal of the City Manager, the Council shall appoint an
individual qualified to perform the duties of city Manager to serve at the pleasure of
Council or until a City Manager is appointed.
Section 4.03. Absence; disability of eCity mManager.
The City Manager may designate a qualified City employee as Acting City Manager to
perform his or her duties during a temporary absence or disability. If the City Manager
does not make such a designation, the Council shall appoint a qualified City employee to
perform the duties of the City Manager until he or she returns.
Section 4.04. Duties of eCity mManager.
A. The City Manager shall be chief administrative officer of the City and shall:
(1)Insure that the laws of the City are executed and enforced.
(2) Supervise and direct the administration of City government and the official
conduct of employees of the City appointed by the City Manager including their
employment, training, reclassification, suspension or discharge as the occasion
requires, subject to State law.
(3)Appoint the chief of the police department and the chief of the fire department
with the approval of the City Council.
(4) Supervise the chief of the police department and chief of the fire department.
including their suspension or discharge as the occasion requires. Such supervision
shall not be subject to approval of the City Council.
(5)Appoint or employ persons to occupy positions for which no other method of
appointment is provided by State law or this Charter.
(46) Supervise the administration of the City personnel system, including the
determination of the compensation of all City employees appointed by the City
Manager subject to State law or this Charter.
(:S7) Supervise the performance of all contracts for work to be done for the City,
malce supervise all purchases of materials and supplies, and assure that such
materials and supplies are received and are of specified quality and character.
(68) Supervise and manage all public improvements, works and undertakings of the
City, and all City-owned property including buildings, plants, systems, and
enterprises, and to have charge of their construction, improvement, repair and
maintenance except where otherwise provided by State law.
(:t_9) Supervise the making and preservation of all surveys, maps, plans, drawings,
specifications and estimates for the City.
(810) Provide for the issuance and revocation of licenses and permits authorized
by State law or City ordinance and cause a record thereof to be maintained.
(911) Prepare and submit to the Council the annual budgets in the form
prescribed by State law.
(44112) Provide the Council mcntSly an itemized written monthly financial report.
(1113) Attend Council meetings and keep the Council fully advised of the
financial and other conditions of the City and its needs.
(-1414) See that the business affairs of the City are transacted in an efficient
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January 14, 2005
maturer and that accurate records of all City business are maintained and made
available to the public, except as otherwise provided by State law.
(-t-315) Provide necessary and reasonable clerical, research and professional
assistance to Boards within limitations of the budget.
(4416) Perform such other and further duties as the Council may direct.
B. The City Manager, in performing the foregoing duties, may:
(1)Present recommendations and programs to the Council and participate in any
discussion by the Council of any matters pertaining to the duties of the City
Manager.
(2)Cause the examination and investigation of the affairs of any department or the
conduct of any employee under supervision of the City Manager.
(3)Execute contracts on behalf of the City when authorized by the Council. (Ord. No.
85-3227, § 2(2), 3-12-85)
Section 4.05. Ineligibility; prohibited acts.
Except for the exercise of the right to vote, the City Manager shall not take part ~n any
election of Councilmembers. This prohibition shall in no way limit the City Manager's
duty to make available public records as provided by State law or this Charter.
Section 5.01. Establishment.
The Council 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 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
Charter.
Section 5.02. Appointment; removal.
The Council shall, subject to the requirements of State law, seek to provide broad
representation on all Boards. The Council shall establish procedures to give at least thirty
days' notice of vacancies before they are filled and shall encourage nomina~ons
aA~plications by citizens. Tl~e Council ' 'shatbesmbh~-c-m ........... procedures for the
removal of members ~;-" :"~'
,v, j .... cause, shall be consistent with State laxv. (Ord No. 85-3227,
§ 2(2), 3-12-85)
Section 5.03. Rules.
A. The Council 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.
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January 14, 2005
B. The Council shall specify, for each Board, methods for informal and formal
communication with Council, time schedules for the completion of reports requested
by Council and such rules as it deems appropriate.
C. A Board may establish additional rules and procedures that are consistent with State
law, Council roles, and this Charter.
Section 6.01. Limitations on the amount of campaign contributions.
The Council, by ordinance, shall prescribe limitations on the amount of campaign
contributions made to a candidate for election to Council by a person as defined in this
Charter. (Ord. No. 95-3671, § 1,3-28-95)
Section 6.02. Disclosure of contributions and expenditures.
The Council, by ordinance, may prescribe procedures requiring,-4mnl~~and
after cac!~ ....... ~ ........ ;~ ,-~; ............... ., ........... , the disclosure of the amount,
source and kind of contributions received and expenditures made by (1) each candidate
for election to Council and (2) any and all other persons, for the purpose of aiding or
securing the candidate's nomination or election. (Ord. No. 85-3228, § 1, 3-12-85)
Section 6.03. Definition.
Within this ' . ...... aa ............
amcle an ~,,v ......... or_"contribution"- dc, cz not ..........
...... cm shall be defined as that
~^..~,~.i ,~ aid ......... * ....... ~ ~ ~,~, ..... ;_~,: .....
term is defined in Chapter 56 ("Campaign Fimmce") of the Code of Iowa.
Section 6.04. Violations.
The Council, 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 Council if elected, consistent with State law. (Ord. No. 85-3227, § 2(2), 3-12-
85)
Section 7.01. General provisions.
A. Authority.
(1)Initiative. The qualified electors have the right to propose ordinances-measttr~esto
9
RED-LINED VERSION
January 14, 2005
the Council and, if the Council fails to adopt an ordinance a measure so proposed
c, ,~,,,,,,,w measure
without any change in substance, to have the ,.a; ....... submitted to the
voters at an election.
(2)Referendum. The qualified electors have the right to require reconsideration by
the Council of an existing ordinance measure and, if the Council fails to repeal such
ordinance measure, to have it submitted to the voters at an election.
(3)Definition. Within this article, "ordinance 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.
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.
(b) The City budget.
(c) The appropriation of money.
(d) The levy of taxes or special assessments.
(e) The issuance of General Obligation and Revenue Bonds.
(fl The letting of contracts.
(g) Salaries of City employees.
(h) Any measure required to be enacted by State or federal law.
(i) Amendments to this Charter.
(j) Amendments affecting the City Zoning Ordinance or the land use maps of the
Comprehensive Plan, including the district plan maps., except ~'
(k) Public improvements subsequent to City Council 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)R~submission. 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.
ord ........ measure
(3)Cotmcil repeal, amendment and reenactment. No ~ ..... proposed by
initiative petition and adopted by the vote of the 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
md ....... measure
made in the original initiative ordinance measure. No -; ...... referred by
referendum petition and repealed by the vote of the Council 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
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January 14, 2005
referendum powers upon the qualified voters electors of the City.
(2)Initiative. It is intended that (a) no initiative petition will be invalid because it
repeals an existing ordinance measure in whole or in part by virtue of proposing a
new ~ measure and (b) an initiative petition may amend an existing
ordinance measure.
(3)Referendum. It is intended that a referendum petition may repeal an ,ordinance_a
measure in whole or in part.
D. Effect of filing petition. The filing of an initiative or referendum petition does not
suspend or invalidate any ordinance, measure under consideration: and sSuch
ordinance 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 an ordinance a measure vote to repeal or amend the ord, inance measure and
the vote is certified.
E. City obligations. An initiative or referendum vote which repeals an existing
or-dinaex-e measure in whole or in part does not affect any obligations entered into by
the City, its agencies or any person in reliance on the ordinanc~c measure during the
time it was in effect. (Ord. No. 85-3227, {} 2(2), 3-12-85)
Section 7.02. Commencement of 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
City Clerk an affidavit stating they will supervise the circulation of the petition and
will be responsible for filing it in proper form, stating their names and addresses and
specifying the address to which all relevant notices are to be sent, and setting out in
full the proposed initiative or4iimnee measure or citing the ordinance measure sought
to be reconsidered.
B. Affidavit. The City Clerk shall accept the affidavit for filing if on its face it appears
to have signatures of one or more qualified electors. The City Clerk shall issue the
appropriate petition forms to the petitioners the same day the affidavit is accepted for
filing. The City eClerk shall cause to be prepared and have available to the public,
forms and affidavits suitable for the commencement of proceedings and the
preparation of initiative and referendum petitions. (Ord. No. 85-3227, § 2(2), 3-12-
85)
Section 7.03. Petitions; revocation of signatures.
A. Number of signatures. Initiative and referendum petitions must be signed by
qualified electors equal in number to at least twenty-five percent of the number of
persons who voted in the last regular City election, but such signatures shall be no
fewer than two thousand five hundred qualified electors. Any petition that does not,
on its face, contain the minimum required signatures defined herein shall be deemed
insufficient for filing under this article, and no supplementary petition shall be
permitted.
B. Form and 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
RED-LINED VERSION
January 14, 2005
signing shall provide, and the petition form shall provide space for, the signature,
printed name, and address of the person signing~ and the date the signature is
executed;: m~d ...... ,~ ~,,c,.~.,~,... ~.~a ~.,, c'it,, c,.,,,,.i~ The form shall als0
provide space for the signer's birthdate, but a failure to enter a birthdate shall not
invalidate a signer's signature. Petitions prepared for circulation must contain or have
attached thereto throughout their circulation the full text of the ordinance measure
proposed or sought to be reconsidered. The petition filed with the City Clerk need
have attached to it only one copy of the ordinc~nce measure being proposed or
referred.
C. Affidavit of circulator. Each paper of a petition containing signatures must have
attached to it when filed an affidavit executed by a qualified elector certifying: the
number of signatures on the paper, that he or she personally circulated it, that all
signatures were affixed in his or her presence, that he or she believes them to be
genuine signatures of the persons whose names they purport to be and that each
signer had an opportunity before signing to read the full text of the
measure proposed or sought to be reconsidered. Any person filing a false affidavit
will be liable to criminal penalties as provided by State law.
D. Time for 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 Section 7.02A was filed.
E. Time for filing referendum petitions. Referendum petitions may be filed within sixty
days after final adoption by the 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 of signature. Prior to the time a petition is filed with the City Clerk, a
signatory may revoke his or her signature for any reason by filing with the City Clerk
a statement of his or her intent to revoke his or her signature. After a petition is filed
a signatory may not revoke his or her signature. The City Clerk shall cause to be
prepared and have available to the public, forms suitable for the revocation of
petition signatures. (Ord. No. 85-3227, § 2(2), 3-12-85; Ord. No. 90-3462, § 1, 6-26-
90)
Section 7.04. Procedure after filing.
A. Certificate of e_City e_Clerk; amendment. Within twenty days after a petition is filed
which contains the minimum required signatures, as set forth in Section 7.03.A
above, the City Clerk shall complete a certificate as to the petitioffs sufficiency. If
the petition is insufficient, the Clerk's certificate shall specify the particulars wherein
the petition is defective. The Clerk shall also promptly send a copy of the certificate
to the petitioners by registered mail. A petition certified insufficient may be amended
once, provided, however, that one or more of the original petitioners files a notice of
intention to amend the original petition;: s_Such notice to must be filed with the City
12
RED-LINED VERSION
January 14, 2005
Clerk within two days after receiving a copy of the certificate, and the petitioner also
must files a supplementary petition upon additional papers within fifteen days after
receiving a copy of such certificate. Such supplementary petition shall comply with
the requirements of subsections B and C of Section 7.03· Within fifteen days after a
supplementary petition is filed, the City Clerk shall complete a certificate as to the
sufficiency of the petition, as amended and supplemented, and shall promptly send a
copy of such certificate to the petitioners by registered mail, as in the case of an
original petition. If a petition or amended petition is certified sufficient, or if the
petition or amended petition is certified insufficient and one or more of the
petitioners do not request Council review under subsection B of this Section within
the time prescribed, the City Clerk shall promptly present the certificate to the
Council.
B. Council review. If a petition has been certified insufficient by the City Clerk and one
or more of the petitioners do not file notice of intention to amend itic,_or if an
amended petition has been certified insufficient by the City Clerk, one or more of the
petitioners may, within two days after receiving a copy of such certificate, file with
the City Clerk a request that it be reviewed by the CoUncil· The Council shall review
the certificate at its next meeting following the filing of such a request, but not later
than thirty days after the filing of the request for review, and shall rule upon the
sufficiency of the petition.
allowed by law, Court review of the Council's actions shall be by writ of certiorari.
D. Validity of signatures. A petition shall be deemed sufficient for the purposes of this
article if it contains valid signatures in the number prescribed by Section 7.03 and is
timely filed, even though the petition may contain one or more invalid signatures. A
signature shall be deemed valid unless it is not the genuine signature of the qualified
elector whose name it purports to be, or it was not voluntarily and knowingly
executed. A valid signature need not be in the identical form in which the qualified
elector's name appears on the voting rolls, nor may a signature be deemed invalid
because the address accompanying the name on the petition is different from the
address for the same name on the current voting rolls if the qualified elector's birth
date is provided and is shown on the voting rolls. (Ord. No. 85.3227, § 2(2), 3-12-85;
Ord. No. 90-3462, § 2, 6-26-90; Ord. No. 95-3671, § 1, 3-28-95)
Section 7.05. Action on petitions.
A. Action by council. When an initiative or referendum petition has been determined
sufficient, the Council shall promptly consider the proposed initiative -~:: ......
13
RED-LINED VERSION
January 14, 2005
measure or reconsider the referred ordinance measure. If the Council fails to adopt a
proposed initiative,.,.---.,~; ....... measure and fails to adopt .,. ...... v.~...,.~; ...... a measure
which is similar in substance within sixty days, or if the Council fails to repeal the
referred ord;mance measure within thirty days after the date the petition was finally
determined sufficient, it shall submit the proposed or referred ordinance, measure to
the qualified electors of the city as hereinafter prescribed. The Cmmci! shall suSmit
Scctic,'.: 7.04. _If at any time more than thirty days before a scheduled initiative or
or .... ,,,~e. measure or
referendum election the Council adopts the proposed initiative
adopts ~ a measure which is similar in substance or if the Council repeals
a referred ordinance measure, the initiative or referendum proceedings shall
terminate and the proposed or referred ordinance measure shall not be submitted to
the voters.
B. B. Submission to voters.
.......... o ......... measure shall
(1)Initiative. The vote of the City on a proposed ....c~ ~:
be held at the regular city election or at the general election which next occurs
more than forty days after the expiration of the-ye, ....... m,, :~'*~,,,~ sixty or ~;'*",,,,v day
period provided for consideration ....... :,~ .... :^~ in Section 7.05A, provided
that the initiative petition was filed no less than 110 days prior to the deadline
imposed by state la~v for the submission of ballot questions to the Commissioner
of Elections.
(2) Referendum. The vote of the City on a referred measure shall be held at the
regular city election or at the general election which next occurs more than forty
days after the expiration of the thirty-day period provided for reconsideration in
Section 7.05A, provided that the referendum petition was filed no less than 80
days prior to the deadline imposed by state law for the sUbmission of ballot
questions to the Commissioner of Elections. The Council may provide for a
special referendum election on a referred measure any time more tban 120 days
after the filing of the referendum petition with the City Clerk., however, that the
C. Ballot. Copies of the proposed or referred or4itaataee- measure 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 subject matter and purpose of the referred or proposed ordinance rneasure shall
be indicated on the ballot. (Ord. No. 77-2858, § 2, 9-16-77; Ord. No. 85-3227, §
2(2), 3-12-85)
Section 7.06. Results of election.
A. Initiative. Ifa majority of the qualified electors voting on a proposed initiative
ordinance measure vote in its favor, it shall be considered adopted upon certification
of the election results_. And The adopted measure shall be treated in all respects in the
14
RED-LINED VERSION
January 14, 2005
same manner as ordiaances measures of the same kind adopted by the Council,
except as provided in Section 7.01B(3). If conflicting ordinances measures are
approved by majority vote at the same election, the one receiving the greatest
number of affirmative votes shall prevail to the extent of such conflict.
B. Referendum. If a majority of the qualified electors voting on a referred ordinance
mcasurc vote agamsMt in favor of repealing thc measure, it shall be considered
repealed upon certification of the election results.
Section 7.07. Prohibition on establishment of stricter conditions or
requirements.
The Council may not set, except by Charter amendment, conditions or requirements
affecting initiative and referendum which are higher or more stringent than those imposed
by this Charter.
Section 8.01. Charter amendments.
This Charter may be amended only by one of the following methods:
A. The Council, by resolution, may submit a proposed amendment to the voters at a
_speciaj_r~_c_ity election, and a the proposed amendment becomes eft'ective when
approved by a majority of those voting.
B. The Council, by ordinance, may amend the Charter. However, within thirty (30) days
of publication of the ordinance, ifapetition' ' Ol~o; ..... ...... ~ ~1~:~[,Sl[II~al;ll;~la ~1~[~1 0 ill ....... ~IC'I~,[,~ ~:{ltJ
Gi+yetecqkm- valid under the provisions of section 362.4 of the Code of Iowa is filed
with the council, the Council must submit the amending ordinance to the voters at a
special Gcity election, and the amendment does not become effective until approvcd
by a majority of those voting.
C. Ifa petition ~ ......~ ~,,s .....................~ ~-i ...... u .......
'~ ................... ~ ...... "~'~ "* *~'- ~'-~* ........ ~; .......... ~'~ ~;+" ~"--*;~-' valid under the
provisions of section 362.4 of thc Code of Iowa is filed with the Council proposing
an amendment to the Cha~er, the Council must submit the proposed amendment to
the voters at a special gcity election, and the amendment becomes effective if
approved by a majority of those voting. (Ord. No. 85-3227, 5 2(2) 3-12-85)
Section 8.02. Charter review commission.
The Council, using the procedures prescribed in Article V, shall establish a Chamer
Review Commission at least once every ten years following the cffective date of this
Charier. The Commission, consisting of at least nine members, shall review the existing
Charter and may, within twelve months recommend any Chamer amendments that it
deems fit to the Council. The Council shall dlhor exercise its power of amendment
15
RED-LINED VERSION
January 14, 2005
pursuant to Section 8.011B of the Charter on a matter recommended by the Commission or
submit such amendments to the voters in the form prescribed by the Commission, and an
amendment becomes effective when approved by a majority of those voting. The
(Ord. No. 85-3227, § 2(2), 3-12-85)
CHARTER COMPARATIVE TABLE
The Home Rule Charter is set out in this volume as adopted by the voters on November
15, 1973, and by Ordinance No. 76-2792, on January 2, 1976. The following table shows
the disposition of amendments to the Charter:
Ordinance
Number Date Section Disposition
77-2826 3-15-77 II 6.01
77-2858 9-06-77 2 7.05B
77-2864 9-06-77 2 3.01
85-3227 3-12-85 2(1) Definitions 7,8
2(2)
2.01, 2.03,
2.05-2.08
3.01-3.03
4.04, 5.02,
6.04, 7.01-
7.05, 8.01, 8.02
85-3228 3-12-85 1 6.02
85-3273 12-17-85 2 2.01
90-3462 6-26-90 1 7.03A
2 7.04A
95-3671 3-28-95 1 2.06B, 2.08C,E,
3.0lA, 6.01,
7.04D
~ The home rule Charter of the City, adopted by the voters of the City 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.
CLEAN VERSION
January 14, 2005
The Citizens of iowa City, Iowa, by virtue of the enactment of this Chartcr, adopt the
following principles:
1. That the government of Iowa City belongs to all its citizens and all share the
responsibility for it.
2. That the government of Iowa City is a service institution, responsive and
accountable to its citizens.
3. That City officials should be accessible to the people and have an affirmative
obligation to secure for each person equality of opportunity as well as due process
and equal protection of law.
4. That each citizen has a right to obtain fair, equal, and courteous treatment from
each City official and cmployee.
5. That the City should perform all acts and take all measures necessary and
desirable to promote the general health, safety and welfare of its residents, to
encourage the participation of its citizens in policy formation and to secure the full
bencfits of"Home Rule."
As used in this Charter:
1. "City" means the City of Iowa City, Io~va.
2. "City Council" or "Council" means the governing body of the City.
3. "Councilmember" means a member of the Council, including the Mayor.
4. "Shall" imposes a duty.
5. "Must" states a requirement.
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, finn, partnership, corporation, company,
association, political party, committee or any other legal entity.
11. "Ordinance," means a City law ora general and perinanent nature.
12. "Measure", except as provided in Article VII, means an ordinance, amendment,
resolution or motion. (Ord. No. 85-3227, § 2(1), 3-12-85)
2
CLEAN VERSION
January 14, 2005
Section 1.01. Powers of the city. '
The City has all powers possible under the Constitution and laws of this State.
Section 1.02. Construction.
The grant of power to the City under this Charter is intended to be broad; the mention of
a specific power in this Charter is not intended to be a limitation on the general powers
conferred in this article.
Section 1.03. Savings clause.
If any provision of this Charter, or the application of this Charter to any person or
circumstance is held invalid, the invalidity shall not affect other provisions or
applications of this Charter.
Section 2.01. Composition.
The City Council consists of seven members. As provided in Article III, four, to be
known as Councilmembers at large, are to be nominated by eligible electors of the City at
large, and three, to be known as district Councilmembers, are to be nominated by eligible
electors of their respective districts. All Councilmembers shall be elected by the qualified
electors of the City at large. (Ord. No. 85-3227, § 2(2), 3-12-85; Ord. No. 85-3273, § 2,
12-17-85)
Section 2.02. Division into council districts.
The Council, by ordinance, shall divide the City into three Council Districts of
substantially equal population. These Districts are to be designated as Council District A,
Council District B, and Council District C.
Section 2.03. Eligibility.
To be eligible to be elected to and to retain a Council position, a person must be an
eligible elector of Iowa City, and if seeking or elected to represent a Council District,
must be an eligible elector of that Council District. (Ord. No. 85-3227, § 2(2), 3-12-85)
Section 2.04. Terms.
At the first election under this Charter, all seven Councilmembers are to be elected; the
3
CLEAN VERSION
January 14, 2005
Councilmember from Council District A, Council District C, and the two
Councilmembers at large who receive the greatest number of votes cast for
Councilmember at large are to serve for terms of four years, and other Councilmembers
are to serve for terms of two years. Commencing at the next regular City election, and at
all subsequent regular City elections, all Councilmembers elected to fill the positions of
those whose terms expire shall be elected for terms of four years.
Section 2.05. Compensation.
The Council, by ordinance, shall prescribe the compensation of the Mayor and the other
Council members. The Council shall not adopt such an ordinance during the months of
November and December immediately following a regular City election. (Ord. No. 85-
3227, § 2(2), 3-12-85)
Section 2.06. Mayor.
A. Immediately following the beginning of the terms of Councilmembers elected at the
regular City election, the Council shall meet and elect from among its members the
Mayor and Mayor pro tem for a term of two years.
B. The Mayor is a voting member of the Council, the official representative of the City,
presiding officer of the Council and its policy spokesperson. The Mayor shall present
to the City no later than February 28 an annual State of the City message.
C. The Mayor pro tern shall act as Mayor during the absence of the Mayor. (Ord. No.
85-3227, § 2(2), 3-12-85; Ord. No. 95-3671, § 1, 3-28-95)
Section 2.07. General powers and duties.
All powers of the City are vested in the Council, except as otherwise provided by State
law or this Charter. (Ord. No. 85-3227, § 2(2), 3-12-85)
Section 2.08. Appointments.
A. The Council shall appoint the City Manager.
B. The Council shall appoint the City Clerk.
C. The Council shall appoint the City Attorney.
D. The Council shall appoint all members of the City's Boards, except as otherwise
provided by State law.
E. The Council shall fix the amount of compensation, if any, of persons it appoints and
shall provide for the method of compensation of other City employees. All
appointments and promotions of City employees by City Council and City Manager
must be made according to job-related criteria and be consistent with
nondiscriminatory and equal employment opportunity standards established pursuant
to law. (Ord. No. 85-3227, § 2(2), 3-12-85; Ord. No. 95-3671, § 1, 3-28-95)
Section 2.09. Rules; records.
The Council may determine its own rules and shall maintain records of its proceedings
4
CLEAN VERSION
January 14, 2005
consistent with State law.
Section 2.10. Vacancies.
The Council shall fill a vacancy occurring in an elective City office as provided by State
1 aw.
Section 2.11. Council action.
Passage of an ordinance, amendment or resolution requires a majority vote of all the
members of the Council except as otherwise provided by State law.
Section 2.12. Prohibitions.
A. A Councilmember may not hold any other City office or be a City employee or
elected County official while serving on the Council nor hold any remunerated City
office or employment for at least one year after leaving the Council.
B. With the exception of the appointment of the chief of the police department and chief
of the fire department, which are subject to approval of the City Council, neither the
Council nor its members may dictate, in any manner, the appointment or removal of
any person appointed by the City Manager. However, the Council may express its
views to the City Manager pertaining to the appointment or removal of such
employee.
C. A Councilmember may not interfere with the supervision or direction of any person
appointed by or under the control of the City Manager.
Section 3.01. Nomination.
A. An eligible elector of a council district may become a candidate for a council district
seat by filing with the City Clerk a valid petition requesting that his or her name be
placed on the ballot for that office. The petition must be filed not more than sixty-
five (65) days nor less than forty (40) days before the date of the election and 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 city
election, but not less than ten (10) persons.
B. An eligible elector of the City may become a candidate for an at-large council seat
by filing with the City Clerk a petition requesting that the candidate's name be placed
on thc ballot for that office. The petition nmst be filed not more than sixty-five (65)
days nor less than forty (40) days before the date of the election and 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 city election, but not less than ten (10) persons.
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CLEAN VERSION
January 14, 2005
(Ord. No. 77-2864, § 2, 9-6-77; Ord. No. 85-3227, § 2(2), 3-12-85; Ord. No. 95-
3671, § 1, 3-28-95)
Section 3.02. Primary election.
A. If there are more than two candidates for a Council District seat, a primary election
must be held for that seat with only the qualified electors of that Council 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 City
election as candidates for that Council seat.
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 Council, by ordinance,
chooses to have a run-off-election. (Ord. No. 85-3227, § 2(2), 3-12-85)
Section 3.03. Regular city election.
A. In the regular City election, each Council District seat up for election shall be listed
separately on the ballot and only the names of candidates nominated from that
Council District shall be listed on the ballot as cm~didates for that seat. However, all
qualified electors of the City shall be entitled to vote for each candidate. The three
Council District seats shall be designated on the ballot as Council District A, Council
District B and Council District C and each shall be elected at large.
B. The at large Council seats shall be designated on the ballot as such. (Ord. No. 85-
3227, § 2(2), 3-12-85)
Section 4.01. Appointment; qualifications.
In appointing a City Manager, the Council shall consider only the qualifications and
fitness of the person without regard to political or other affiliation. During his or her
tenure the City Manager shall reside within the City.
Section 4.02. Accountability; removal.
A. The City Manager is under the direction and supervision of the Council and holds
office at its pleasure. Unless otherwise provided by contract, a City Manager
removed by the Council is entitled to receive termination pay of not less than two
months' salary, computed from the date of the resolution of removal.
B. Upon the resignation or removal of the City Manager, the Council shall appoint an
individual qualified to perform the duties of City Manager to serve at the pleasure of
Council or until a City Manager is appointed.
Section 4.03. Absence; disability of City Manager.
The City Manager may designate a qualified City employee as Acting City Manager to
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CLEAN VERSION
January 14, 2005
perform his or her duties during a temporary absence or disability. If the City Manager
does not make such a designation, the Council shall appoint a qualified City employee to
perform the duties of the City Manager until he or she returns.
Section 4.04. Duties of City Manager.
A. The City Manager shall be chief administrative officer of the City and shall:
(1)Insure that the laws of the City are executed and enforced.
(2)Supervise and direct the administration of City government and the official
conduct of employees of the City appointed by the City Manager including their
employment, training, reclassification, suspension or discharge as the occasion
requires, subject to State law.
(3)Appoint the chief of the police department and the chief of the fire department
with the approval of the City Council.
(4) Supervise the chief of the police department and chief of the fire department,
including their suspension or discharge as the occasion requires. Such supervision
shall not be subject to approval of the City Council.
(5)Appoint or employ persons to occupy positions for which no other method of
appointment is provided by State law or this Charter.
(6)Supervise the administration of the City personnel system, including the
determination of the compensation of all City employees appointed by the City
Manager subject to State law or this Charter.
(7)Supervise the performance of all contracts for work to be done for the City,
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
City, and all 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 City.
(10) Provide for the issuance and revocation of licenses and permits authorized by
State law or City ordinance and cause a record thereof to be maintained.
(11) Prepare and submit to the Council the annual budgets in the form prescribed by
State law.
(12) Provide the Council an itemized written monthly financial report.
(13) Attend Council meetings and keep the Council fully advised of the financial and
other conditions of the City and its needs.
(14) See that the business affairs of the City are transacted in an efficient manner and
that accurate records of all 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 Council may direct.
B. The City Manager, in performing the foregoing duties, may:
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(1)Present recommendations and programs to the Council and participate in any
discussion by the Council of any matters pertaining to the duties of the City
Manager.
(2)Cause the examination and investigation of the affairs of any department or the
conduct of any employee under supervision of the City Manager.
(3)Execute contracts on behalf of the City when authorized by the Council. (Ord. No.
85-3227, § 2(2), 3-12-85)
Section 4.05. Ineligibility; prohibited acts.
Except for the exercise of the right to vote, the City Manager shall not take part ~n any
election of Councilmembers. This prohibition shall in no way limit the City Manager's
duty to make available public records as provided by State law or this Charter.
Section 5.01. Establishment.
The Council 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 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
Charter.
Section 5.02. Appointment; removal.
The Council shall, subject to the requirements of State law, seek to provide broad
representation on all Boards. The Council shall establish procedures to give at least thirty
days' notice of vacancies before they are filled and shall encourage applications by
citizens. Council procedures for the removal of members shall be consistent with State
law. (Ord No. 85-3227, § 2(2), 3-12-85)
Section 5.03. Rules.
A. The Council 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.
B. The Council shall specify, for each Board, methods for informal and formal
communication with Council, time schedules for the completion of reports requested
by Council and such rules as it deems appropriate.
C. A Board may establish additional rules and procedures that are consistent with State
law, Council rules, and this Charter.
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Section 6.01. Limitations on the amount of campaign contributions.
The Council, by ordinance, shall prescribe limitations on the amount of campaign
contributions made to a candidate for election to Council by a person as defined in this
Charter. (Ord. No. 95-3671, § 1, 3-28-95)
Section 6.02. Disclosure of contributions and expenditures.
The Council, 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 Council and (2) any and all other persons, for the purpose of
aiding or securing the candidate's nomination or election. (Ord. No. 85-3228, § 1, 3-12-
85)
Section 6.03. Definition.
Within this article "contribution" shall be defined as that term is defined in Chapter 56
("Campaign Finance") of the Code of Iowa.
Section 6.04. Violations.
The Council, 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 Council if elected, consistent with State law. (Ord. No. 85-3227, § 2(2), 3-12-
85)
Section 7.01. General provisions.
A. Authority.
(1)Initiative. The qualified electors have the right to propose measuresto the Council
and, if the Council 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 qualified electors have the right to require reconsideration by
the Council of an existing measure and, if the Council 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 ora legislative nature, however designated, which (a) arc ora
permanent rather than temporary character and (b) include a proposition enacting,
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January 14, 2005
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.
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.
(b) The 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 City employees.
(h) Any measure required to be enacted by State or federal law.
(i) Amendments to this Charter.
(j) Amendments affecting the City Zoning Ordinance or the land use maps of the
Comprehensive Plan, including the district plan maps.
(k) Public improvements subsequent to City Council 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 and reenactment. No measure proposed by initiative
petition and adopted by the vote of the 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 Council 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 qualified electors of the City.
(2)Initiative. It is intended that (a) no initiative petition will be invalid because it
repeals an existing measure in whole or in part by virtue of proposing a new
measure and (b) an initiative petition may amend an existing measure.
(3)Referendum. It is intended that a referendum petition may repeal a measure in
whole or in part.
D. Effect of 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
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January 14, 2005
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 City, its
agencies or any person in reliance on the measure during the time it was in effect.
(Ord. No. 85-3227, § 2(2), 3-12-85)
Section 7.02. Commencement of 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
City Clerk an affidavit stating they will supervise the circulation of the petition and
will be responsible for filing it in proper form, stating their names and addresses and
specifying the address to which all relevant notices are to be sent, and setting out in
full the proposed initiative measure or citing the measure sought to be reconsidered.
B. Affidavit. The City Clerk shall accept the affidavit for filing if on its face it appears
to have signatures of one or more qualified electors. The City Clerk shall issue the
appropriate petition forms to the petitioners the same day the affidavit is accepted for
filing. The City 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. No. 85-3227, § 2(2), 3-12-
85)
Section 7.03. Petitions; revocation of signatures.
A. Number of signatures. Initiative and referendum petitions must be signed by
qualified electors equal in number to at least twenty-five percent of the number of
persons who voted in the last regular City election, but such signatures shall be no
fewer than two thousand five hundred qualified electors. Any petition that does not,
on its face, contain the minimum required signatures defined herein shall be deemed
insufficient for filing under this article, and no supplementary petition shall be
permitted.
B. Form and 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..
The form shall also provide space for the signer's birthdate, but a failure to enter a
birthdate shall not invalidate a signer's signature. 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 City
Clerk need have attached to it only one copy of the measure being proposed or
referred.
C. Affidavit of circulator. Each paper of a petition containing signatures must have
attached to it when filed an affidavit executed by a qualified elector certifying: the
number of signatures on the paper, that he or she personally circulated it, that all
signatures were affixed in his or her presence, that he or she believes them to be
genuine signatures of the persons whose names they purport to be and that each
CLEAN VERSION
January 14, 2005
signer had an opportunity before signing to read the full text of the measure
proposed or sought to be reconsidered. Any person filing a false affidavit will be
liable to criminal penalties as provided by State law.
D. Time for filing initiative petitions, glgnatures on an initiative petition must be
secured and the petition filed within six months after the date the affidavit required
under Section 7.02A was filed.
E. Time for filing referendum petitions. Referendum petitions may be filed within sixty
days after final adoption by the 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 of signature. Prior to the time a petition is filed with the City Clerk, a
signatory may revoke his or her signature for any reason by filing with the City Clerk
a statement of his or her intent to revoke his or her signature. After a petition is filed
a signatory may not revoke his or her signature. The City Clerk shall cause to be
prepared and have available to the public, forms suitable for the revocation of
petition signatures. (Ord. No. 85-3227, § 2(2), 3-12-85; Ord. No. 90-3462, § 1, 6-26-
90)
Section 7.04. Procedure after filing.
A. Certificate of City Clerk; amendment. Within twenty days after a petition is filed
which contains the minimum required signatures, as set forth in Section 7.03.A
above, the City Clerk shall complete a certificate as to the petition's sufficiency. If
the petition is insufficient, the Clerk's certificate shall specify the particulars wherein
the petition is defective. The Clerk shall also promptly send a copy of the certificate
to the petitioners by registered mail. A petition certified insufficient may be amended
once, provided, however, that one or more of the original petitioners files a notice of
intention to amend the original petition. Such notice must be filed with the City
Clerk within two days after receiving a copy of the certificate, and the petitioner also
must file a supplementary petition upon additional papers within fifteen days after
receiving a copy of such certificate. Such supplementary petition shall comply with
the requirements of subsections B and C of Section 7.03. Within fifteen days after a
supplementary petition is filed, the City Clerk shall complete a certificate as to the
sufficiency of the petition, as amended and supplemented, and shall promptly send a
copy of such certificate to the petitioners by registered mail, as in the case of an
original petition. If a petition or amended petition is certified sufficient, or if the
petition or amended petition is certified insufficient and one or more of the
petitioners do not request Council review under subsection B of this Section within
the time prescribed, the City Clerk shall promptly present the certificate to the
Council.
B. Council review. If a petition has been certified insufficient by the City Clerk and one
or more of the petitioners do not file notice of intention to amend it, or if an amended
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January 14, 2005
petition has been certified insufficient by the City Clerk, one or more of the
petitioners may, within two days after receiving a copy of such certificate, file with
the City Clerk a request that it be reviewed by the Council. The Council shall review
the certificate at its next meeting following the filing of such a request, but not later
than thirty days after the filing of the request for review, and shall rule upon the
sufficiency of the petition.
C. Court review. To the extent allowed by law, Court review of the Council's actions
shall be by writ of certiorari.
D. Validity of signatures. A petition shall be deemed sufficient for the purposes of this
article if it contains valid signatures in the number prescribed by Section 7.03 and is
timely filed, even though the petition may contain one or more invalid signatures. A
signature shall be deemed valid unless it is not the genuine signature of the qualified
elector whose name it purports to be, or it was not voluntarily and knowingly
executed. A valid signature need not be in the identical form in which the qualified
elector's name appears on the voting rolls, nor may a signature be deemed invalid
because the address accompanying the name on the petition is different from the
address for the same name on the current voting rolls if the qualified elector's birth
date is provided and is shown on the voting rolls. (Ord. No. 85.3227, § 2(2), 3-12-85;
Ord. No. 90-3462, § 2, 6-26-90; Ord. No. 95-3671, § 1, 3-28-95)
Section 7.05. Action on petitions.
A. Action by council. When an initiative or referendum petition has been determined
sufficient, 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 sufficient, 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.
(1)Initiative. The vote of the City on a proposed measure shall be held at the regular
city election or at the general election which next occurs 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 less than 110 days prior
to the deadline imposed by state law for the submission of ballot questions to the
Commissioner of Elections.
(2) Referendum. The vote of the City on a referred measure shall be held at the
regular city election or at the general election which next occurs more than forty
days after the expiration of the thirty-day period provided for reconsideration in
Section 7.05A, provided that the referendum petition was filed no less than 80
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January 14, 2005
days prior to the deadline imposed by state la~v for the submission of ballot
questions to the Commissioner of Elections. The Council 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 City Clerk.,.
C. Ballot. Copies of the proposed or referred measure shall be made available to the
qualified electors at the polls and shall be advertised at the 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. No. 77-2858, § 2, 9-16-77; Ord. No. 85-3227, § 2(2), 3-12-85)
Section 7.06. Results of election.
A. Initiative. Ifa 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 Council, except as provided in
Section 7.01B(3). If conflicting measures are approved by majority vote at the same
election, the one receiving the greatest number of affirmative votes shall prevail to
the extent of such conflict.
B. Referendum. If a majority of the qualified electors voting on a referred measure vote
in favor of repealing the measure, it shall be considered repealed upon certification
of the election results.
Section 7.07. Prohibition on establishment of stricter conditions or
requirements.
The Council may not set, except by Charter amendment, conditions or requirements
affccting initiative and referendum ~vhich are higher or more stringent than those imposed
by this Charter.
Section 8.01. Charter amendments.
This Charter may be amended only by one of the following methods:
A. The Council, by resolution, may submit a proposed amendment to the voters at a
special city election, and the proposed amendment becomes effective when
approved by a majority of those voting.
B. The Council, by ordinance, may amend the Charter. However, within thirty (30) days
of publication of the ordinance, if a petition valid under the provisions of section
362.4 of the Code of Iowa is filed with the council, the Council must submit the
amending ordinance to the voters at a special city election, and the amendment does
not become effective until approved by a majority of those voting.
C. Ifa petition valid under the provisions of section 362.4 of the Code of Iowa is filed
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January 14, 2005
with the Council proposing an amendment to the Charter, the Council must submit
the proposed amendment to the voters at a special city election, and the amendment
becomes effective if approved by a majority of those voting. (Ord. No. 85-3227, §
2(2) 3-12-85)
Section 8.02. Charter review commission.
The Council, using the procedures prescribed in Article V, shall establish a Charter
Review Commission at least once every ten years following the effective date of this
Charter. The Commission, consisting of at least nine members, shall review the existing
Charter and may, within twelve months recommend any Charter amendments that it
deems fit to the Council. The Council shall either exercise its power of amendment
pursuant to Section 8.0lB of the Charter on a matter recommended by the Commission or
submit such amendments to the voters in the form prescribed by the Commission, and an
amendment becomes effective when approved by a majority of those voting. (Ord. No.
85-3227, § 2(2), 3-12-85)
CHARTER COMPARATIVE TABLE
The Home Rule Charter is set out in this volume as adopted by the voters on November
15, 1973, and by Ordinance No. 76-2792, on January 2, 1976. The following table shows
the disposition of amendments to the Charter:
Ordinance
Number Date Section Disposition
77-2826 3-15-77 II 6.01
77-2858 9-06-77 2 7.05B
77-2864 9-06-77 2 3.01
85-3227 3-12-85 2(1) Definitions 7,8
2(2)
2.01, 2.03,
2.05-2.08
3.01-3.03
4.04, 5.02,
6.04, 7.01-
7.05, 8.01, 8.02
85-3228 3-12-85 1 6.02
85-3273 12-17-85 2 2.01
90-3462 6-26-90 1 7.03A
2 7.04A
95-3671 3-28-95 1 2.06B, 2.08C,E,
3.0lA, 6.01,
7.04D
~ The home rule Charter of the City, adopted by the voters of the City on November 15,
1973, and by Ordinance 76-2792 on January 2, 1976, pursuant to I.C.A. section 372.9, is
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January 14, 2005
set out herein as adopted and amended.