HomeMy WebLinkAbout2001-10-04 Resolution CHARTER AMENDMENT NUMBER ONE Page 1
Prepared by: Steven Kanner, City Council Member, Iowa City, IA.
RESOLUTION NO.
RESOLUTION THAT THE CITY COUNCIL OF IOWA CITY~
UNDER THE REQUIREMENTS OF ARTICLE 8, SECTION 8.01(C)
OF THE IOWA CITY CHARTER, SHALL SUBMIT HOME RULE
CHARTER PROPOSED AMENDMENT NUMBER ONE
"APPOINTMENT OF A CITY MANAGER WITH PERIODIC
VOTER APPROVAL AND APPOINTMENT OF A CHIEF OF
POLICE WITH PERIODIC VOTER APPROVAL" - TO THE
JOHNSON COUNTY COMMISSIONER OF ELECTIONS BY
OCTOBER 5, 2001, 5:00 PM IN ORDER THAT IOWA CITY
CITIZENS MAY VOTE ON IT AT THE EARLIEST POSSIBLE TIME
AS DETERMINED BY THE JOHNSON COUNTY COMMISSIONER
OF ELECTIONS.
WHEREAS, a petition has been signed by eligible electors of the City having at least
equaled in number to ten percent of the persons who voted at the last preceding regular
City election; and
WHEREAS, the abovementioned petition is a proposed amendment to the City Charter;
and
WHEREAS, the abovementioned petition was filed with the City Clerk on August 20,
2001 and the herein mentioned Clerk verified that the petition had contained more then
the required number of names of eligible electors; and
WHEREAS, under Article 8, Section 8.01 (C) Council having received a petition
proposing an amendment to the Charter "must submit the proposed amendment to the
voters at a City election"; and
WHEREAS, there have been no valid protests by Iowa City citizens contesting the
validity or number of required signatories to the petition; and
WHEREAS, it is clear that the intent of the circulators of the proposed Charter
Amendment by petition is to insert new language into the Charter about the City Manager
and the Chief of Police and that the intention was to replace Section 2.08 paragraph "A"
and not "C" as was noted in the petition - that a sort of "scrivener's error" has occurred.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF IOWA CITY, IOWA THAT:
1. The City Council instructs the City Clerk to submit the following proposed
Charter Amendment Number One - "Appointment of a City Manager with Periodic
Voter Approval and Appointment of a Chief of Police with Periodic Voter Approval" -
(with the subsequent correction) to the Johnson County Commissioner of Elections by
October 5, 2001, 5:00 PM so that the citizens of Iowa City may vote on it at the earliest
possible time as determined by the Johnson County Commissioner of Elections:
Charter Amendment Number One
Page 2
Amendment # 1
Appointment of a City Manager with Periodic Voter Approval and Appointment of a
Chief of Police with Periodic Voter Approval
That Article II, Subsection 2.08 (Appointments) of the Home Rule Charter of Iowa City,
Iowa be amended by the following language:
That the present paragraph "C" be replaced with the following language:
The Council shall appoint a City Manager and review his or her performance on an
annual basis. This appointment shall be subject to a retention vote by Iowa City electors
every four years beginning in 2003 and thereafter in every other regular election for City
Council, by the ballot wording "Shall the present City Manager, (name).__ be
retained?"
That paragraph "D" be replaced with the following language and that the present
paragraph "D" become Paragraph "E", etceteras:
The Council shall appoint a Chief of Police and review his or her performance on an
annual basis. This appointment shall be subject to a retention vote by Iowa City electors
every four years beginning in 2003 and thereafter at every other regular election for City
Council, by the ballot wording "Shall the present Chief of Police
be retained?
2. The City Council instructs the City Clerk, before submitting the petition to the
Commissioner of Elections, to replace the "scrivener's error" in the abovementioned
petition that reads,
"That the present paragraph "C" be replaced with the following language:"
with the following:
"That the present paragraph "A" be replaced with the following language."'
Passed and approved this __ day of~, 20.
MAYOR
Approved by
ATTEST
CITY CLERK City Attorney's Office
CHARTER AMENDMENT NUMBER TWO Page 1
Prepared by: Steven Kanner, City Council Member, Iowa City, IA.
RESOLUTION NO.
RESOLUTION TIlAT TIlE CITY COUNCIL OF IOWA CITY~
UNDER THE REQUIREMENTS OF ARTICLE 8, SECTION 8.01(C)
OF TIlE IOWA CITY CHARTER, SItALL SUBMIT HOME RULE
CHARTER PROPOSED AMENDMENT NUMBER TWO
"POLICE CITIZENS REVIEW BOARD" - TO THE JOIINSON
COUNTY COMMISSIONER OF ELECTIONS BY OCTOBER 5~
2001, 5:00 PM IN ORDER TIlAT IOWA CITY CITIZENS MAY
VOTE ON IT AT TIlE EARLIEST POSSIBLE TIME AS DETERMINED
BY TIlE JOIINSON COUNTY COMMISSIONER OF ELECTIONS.
WHEREAS, a petition has been signed by eligible electors of the City having at least
equaled in number to ten percent of the persons who voted at the last preceding regular
City election; and
WHEREAS, the above mentioned petition is a proposed amendment to the City Charter;
and
WHEREAS, the above mentioned petition was filed with the City Clerk on August 20,
2001 and the herein mentioned Clerk verified that the petition had contained more then
the required number of names of eligible electors; and
WHEREAS, under Article 8, Section 8.01 (C) Council having received a petition
proposing an amendment to the Charter "must submit the proposed amendment to the
voters at a City election"; and
WHEREAS, there have been no valid protests by Iowa City citizens contesting the
validity or number of required signatories to the petition.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF IOWA CITY, IOWA THAT:
1. The City Council instructs the City Clerk to submit the following proposed
Charter Amendment Number Two - "Police Citizen Review Board" - to the Johnson
County Commissioner of Elections by October 5, 2001, 5:00 PM so that the citizens of
Iowa City may vote on it at the earliest possible time as determined by the Johnson
County Commissioner of Elections:
Charter Amendment Number Two
Page 2
Amendment #2
Police Citizens Review Board
That Article V (Boards, Commissions and Committees), Subsection 5.01 (Establishment)
of the Home Rule Charter of Iowa City, Iowa be amended by adding the following
underlined words:
With the exception of the Police Citizens Review Board, 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.
A. There shall be a permanent Police Citizens Review Board. which shall have vested in
it the followin~ minimum powers:
1. To hold at least one community forum each year for the ourpose of hearing citizens'
views on the policies, practices. and procedures of the Iowa City Police Department.
and to make recommendations re~arding such policies. practices. and procedures to
the City Council.
2. To investigate citizen claims of misconduct by swom police officers and to issue
independent reports of its findings to the City Council; and
3. The authority to subpoena witnesses.
Passed and approved this day of ,20_
MAYOR
Approved by
ATTEST
CITY CLERK City Attorney's Office
CHARTER AMENDMENT NUMBER THREE Page 1
Prepared by: Steven Karmer, City Council Member, Iowa City, IA.
RESOLUTION NO.
RESOLUTION THAT THE CITY COUNCIL OF IOWA CITY,
UNDER THE REQUIREMENTS OF ARTICLE 8, SECTION 8.01(C)
OF THE IOWA CITY CHARTER, SHALL SUBMIT HOME RULE
CHARTER PROPOSED AMENDMENT NUMBER THREE
"COMMUNITY POLICING" - TO THE JOHNSON COUNTY
COMMISSIONER OF ELECTIONS BY OCTOBER 5, 2001, 5:00 PM
IN ORDER THAT IOWA CITY CITIZENS MAY VOTE ON IT AT
THE EARLIEST POSSIBLE TIME AS DETERMINED BY THE
JOHNSON COUNTY COMMISSIONER OF ELECTIONS.
WHEREAS, a petition has been signed by eligible electors of the City having at least
equaled in number to ten percent of the persons who voted at the last preceding regular
City election; and
WHEREAS, the above mentioned petition is a proposed amendment to the City Charter;
and
WHEREAS, the above mentioned petition was filed with the City Clerk on August 20,
2001 and the herein mentioned Clerk verified that the petition had contained more then
the required number of names of eligible electors; and
WHEREAS, under Article 8, Section 8.01(C) Council having received a petition
proposing an amendment to the Charter "must submit the proposed amendment to the
voters at a City election"; and
WHEREAS, there have been no valid protests by Iowa City citizens contesting the
validity or number of required signatories to the petition.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF IOWA CITY, IOWA THAT:
1. The City Council instructs the City Clerk to submit the following proposed
Charter Amendment Number Three - "Community Policing" - to the Johnson
County Commissioner of Elections by October 5, 2001, 5:00 PM so that the
citizens of Iowa City may vote on it at the earliest possible time as determined by
the Johnson County Commissioner of Elections:
Charter Amendment Number Three
Page 2
Amendment #3
Conummity Policing
That the Home Rule Charter of Iowa City, Iowa be amended by a new Article VI as
worded below, keeping the present Article VI (Campaign Contributions and
Expenditures) by making it Article VII, and accordingly changing the numbers of all
subsequent Articles:
Article VI. Community Policing
Section 6.01. Citation in lieu of arrest.
In accordance with State law which permits police officers to issue a citation in lieu of
arrest for certain offenses, including all simple possession ofmarijuana offenses, Iowa
City police officers shall issue citations in lieu of arrest for non-violent, misdemeanor
offenses, unless there is a reasonable belief that a person will pose a danger to the
community.
6.02. Police should be a peacekeeping force.
Through this Charter Amendment citizens affirm their belief that the Iowa City Police
Department should be a peacekeeping force which undertakes Community Policing as
determined by the citizens and that tax dollars allocated to the Department be directed
toward such ends.
The police should not engage in the following practices to investigate, apprehend, or
arrest for misdemeanor, non-violent offenses; garbage searches; conducting knock and
talks for the purpose of gaining entry to residents' homes; going as undercover agents into
bars, restaurants, and other public places; and acting on anonymous tips without
following a set of gnidelines approved by the Police Citizens Review Board and the City
Council. Arrests of persons in possession of personal use amounts ofmarijuana should
not be a priority of the Iowa City Police Department.
For all persons subject to arrest warrants for non-violent, misdemeanor offenses, the Iowa
City Police shall notify the person if the existences of that warrant and provide an
opportunity to appear for booking unless there is evidence that the person will pose a
danger to the community or a risk of flight.
Passed and approved this day of__ , 20 __
MAYOR
Approved by
City Attorney's Office
ATTEST
CITY CLERK