Section 1.1 Powers of the City. The City of Clinton, Iowa shall have all the powers possible under the constitution and laws of the State of Iowa.

Section 1.2 Construction. The powers of the City of Clinton, Iowa under this Charter shall be construed liberally in favor of the City and the specific mention of particular powers in the Charter shall not be construed as limiting in any way the general power of this article.

Section 1.3 Existing Legislation.. The enactment of this Charter shall not repeal existing resolutions or ordinances or ordinances of the City of Clinton, Iowa, change its City Code, except where the provisions of this enactment specifically change or are irreconcilable with the provisions of such resolutions, ordinances or provisions of the City Code.

Section 1.4 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 2.1 Composition. The City Council shall consist of seven members, to be known as Councilmembers at large, shall be nominated by the eligible electors of the City at large, and elected by the qualified electors of the City at large. Four, to be known as ward councilmembers, shall be nominated by the eligible electors of their respective wards and elected by the qualified electors of their respective wards.

Section 2.2 Division into Wards. The City Council, by ordinance, shall divide the City into four wards of substantially equal population.

Section 2.3. Eligibility. The terms of all councilmembers shall be for two years.

Section 2.4 Terms. The terms of all councilmembers shall be four years and they shall be staggered.

Section 2.5 Compensation. The City Council, by ordinance, shall prescribe the compensation of councilmembers, however, the City Council shall not adopt such an ordinance changing the compensation of councilmembers during the months of November and December immediately following a regular City election. A change in the compensation of councilmembers shall become effective for all councilmembers at the beginning of the term of the councilmembers elected at the election next following the change in compensation.

Section 2.6 General Powers. All powers of the City are vested in the City Council, except as otherwise provided by the laws of the State of Iowa and provisions of this Charter.

Section 2.7 Rules and Records. The City Council shall determine its own rules and shall maintain records of its proceedings consistent with the laws of the State of Iowa.

Section 2.8 Vacancies. The City shall fill vacancies in the event a councilmember no longer is a qualified elector of the City of Clinton, no longer a resident of the City of Clinton, Iowa, or a resident of a specific ward, resigns or deceases. The City Council shall act as a nomination committee conducting one public hearing within fourteen (14) days of the occurrence of the vacancy, and shall establish a list of names of eligible electors willing to serve. The City Council shall fill the vacancy from the established list within thirty (30) days of the occurrence of the vacancy. Nothing in this section shall preempt the citizens’ right to petition for an election as provided by the laws of the State of Iowa.

Section 2.9 City Council action.

A. Passage of an ordinance, amendment or resolution shall be by the affirmative vote of a majority of the councilmembers, except as otherwise provided by the laws of the State of Iowa and provisions of this Charter. Any measure resulting in a tie vote shall be reconsidered at the next regular City Council meeting.

B. The City Council may submit to the voters a proposition for the repeal, amendment or enactment of any measure, to be voted upon at any succeeding general, regular or special City election, and if the proposition submitted receives a majority of the votes, the measure shall be repealed, amended or enacted accordingly.

Section 2.10 Prohibitions.

A. A councilmember may not hold any other City office or be a City employee or any other elected official while serving on the City Council.

B. Councilmembers, as policy makers, should not interfere with the supervision or direction of any department or person appointed by or under the control of the Mayor, or City Manager.

Section 2.11 Appointments.

A. The City Council may appoint a City Manager. (See Article IV).

B. All appointments to the City’s boards, commissions and committees shall not become effective unless approved by the City Council, except as otherwise provided by the laws of the State of Iowa and this Charter.

C. The City Council shall fix the compensation of persons it appoints, and shall provide for the method of appointment, promotion, removal and compensation of other city employees consistent with the laws of the State of Iowa, and this Charter.

ARTICLE III

MAYOR

Section 3.1 Eligibility, Election and Term.

A. There shall be a Mayor elected at large by the qualified electors of the City.

B. Only eligible electors of the City shall be eligible to hold the office of Mayor.

C. The Mayor shall be elected by voters at large at the regular City election every four years to serve for a four-year term.

Section 3.2 Salary. The City Council shall, by ordinance, prescribe the compensation of the Mayor giving due regard to the duties and responsibilities of the position. However, a change in the compensation of the Mayor shall not become effective during the term in which the change is adopted and the Ordinance changing said compensation shall not be adopted in November and December immediately following a regular City election.

Section 3.3 Vacancy. Should a vacancy occur in the office of Mayor in the event of resignation or death, the City Council shall act as a nominating committee. The committee shall conduct one public hearing within fourteen days of the occurrence of the vacancy, and shall establish a list of names of eligible electors willing to serve. The City Council shall fill the vacancy from the established list within 30 days of the occurrence of the vacancy. Nothing in this section shall preempt the citizens’ right to petition for an election as provided by the laws of the State of Iowa.

Section 3.4. Mayor’s Powers and Duties.

A. The Mayor is the official representative of the City.

B. The Mayor is the presiding officer of the City Council. The Mayor may call special meetings of the City Council when necessary.

C. The Mayor is not a voting member of the City Council. The Mayor may enter into all discussions and express views.

D. The Mayor may sign, veto or take no action on an ordinance, amendment or resolution passed by the City Council. If the Mayor signs a measurer, a resolution becomes effective immediately upon signing, and an ordinance or amendment becomes a law when published, unless a subsequent effective date is provided within the measure. If the Mayor vetoes a measure, the Mayor shall explain the reasons for the veto to the council at the time of the veto. Within thirty (30) days after the Mayor's veto, the City Council may pass the measure again by an affirmative vote of not less than two-thirds (2/3) majority of the City Council members.  If the Mayor vetoes a measure and the City Council repasses the measure after the Mayor’s veto, a resolution becomes effective immediately upon repassage, and an ordinance or amendment becomes a law when published, but no sooner than fourteen days after the date of the passage, unless a subsequent effective date is provided within the measure.

E. The Mayor shall be responsible for enforcement of all laws, provisions of this Charter and actions of the City Council.

F. The Mayor shall appoint the Mayor Pro-tem who will act as Mayor during the Mayor’s absence.

ARTICLE IV

CITY MANAGER

The City Council may by ordinance provide for a City Manager, and prescribe the Manager’s powers, duties and compensation. The City of Clinton, Iowa has such an ordinance at the present time (Ordinance Number 1772, dated June 26, 1984) which shall continue in full force and effect subject to repeal or amendment by the City Council in the manner provided by law.

Section 5.1 Establishment. The City Council may establish boards, commissions and committees in addition to those required by the laws of the State of Iowa and shall specify the titles, duties, length of terms, qualifications of members and other appropriate matters. The City Council may reduce or increase duties of any board, commission or committee; transfer duties from one to another or dissolve any board, commission or committee, except as otherwise provided by the Iowa law or this Charter. This Article does not apply to "Standing Committees of the City Council". All members shall be residents of Clinton, Iowa and eligible electors.

Section 5.2 Appointment, Vacancies and Removal. The Mayor shall appoint, with the approval of the City Council, all members of boards, commissions and committees unless otherwise provided by the laws of the State of Iowa or existing City ordinances at the time of the adoption of this Charter, and shall seek to provide broad representation on all boards, commissions and committees, subject to the requirements of the laws of the State of Iowa. All members shall be residents of Clinton, Iowa and eligible electors. The City Council shall establish procedures for not less than thirty days notice of vacancies on boards, commissions and committees and shall encourage nominations by citizens before the vacancies are filled. The City Council shall establish conditions for the removal of members of boards, commissions and committees for just cause, consistent with the laws of the State of Iowa.

Section 5.3 Rules All boards, commissions and committees shall adopt rules and procedures for their operation, including rules pertaining to open meetings, consistent with the laws of the State of Iowa.

Section 6.1 General Provisions

(1) Initiative.

The qualified electors have the right to propose ordinances to the City Council and, if the City Council fails to adopt an ordinance so proposed without any change in substance, to have the ordinance submitted to the voters at an election.

(2) Referendum

The qualified electors have the right to require reconsideration by the City Council of an existing ordinance and, if the City Council fails to repeal such ordinance, to have it submitted to the voters at an election.

(3) Definition

Within this article, "ordinance" means all measures of a legislative nature, however designated, which are of permanent rather than temporary character, and include a proposition enacting, amending or repealing a new or existing law, policy of plan, as opposed to one providing for the execution of administration of a law, policy or plan already enacted by the City Council.

"Eligible Electors" mean persons who possess all of the qualifications necessary to entitle the person to be registered to vote, whether or not the person is in fact so registered.

"Qualified Electors" mean residents of the City of Clinton who are registered voters of the City of Clinton, Iowa.

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) Emergency ordinances.

(i) Any measure required to be enacted by State or Federal law.

(j) Amendments to this Charter, except as provided in Section .1B of this Charter.

(k) Amendments affecting the City Zoning ordinance.

(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) City Council repeal, amendment, and reenactment.

No ordinance proposed by initiative petition and adopted by the vote of the City 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 ordinance. No ordinance referred by referendum petition and repealed by the vote of the City 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 initiatives and referendum powers upon the qualified electors of the City of Clinton, Iowa.

(2) Initiative.

It is intended that an initiative petition will be valid and may repeal an existing ordinance in whole or in part by virtue of proposing a new ordinance. It is intended that an initiative petition may amend an existing ordinance.

D. Effect of filing petition.

The filing of an initiative or referendum petition does not suspend or invalidate any ordinance under consideration and such ordinance shall remain in full force and effect until its amendment or repeal by City Council pursuant to this Charter, or until a majority of the qualified electors voting on an ordinance vote to repeal or amend the ordinance and the vote is certified by the Clinton County, Iowa Board of Canvassers.

E. City obligation.

An initiative or referendum vote which repeals an existing ordinance in whole or in part does not affect any obligations entered into the by City, its agencies or any person in reliance on the ordinance during the time it was in effect.

Section 6.2 Commencement of proceedings; Affidavit.

A. Commencement.

One or more qualified electors, hereafter referred to as the "petitioners" may commence initiative or referendum proceedings by filing with the City Clerk-Treasurer 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 ordinance or citing the ordinance sought to be reconsidered.

B. Affidavit.

The City Clerk-Treasurer shall accept the affidavit for filing if on its face it appears to have signatures of one or more qualified elector(s). The City Clerk-Treasurer shall issue the appropriate petition forms to the petitioners within two (2) days after the affidavit is accepted for filing.

Section 6.3 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 (25%) of the number of persons who voted in the last regular City election, but by not fewer than 1,500 qualified electors.

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 signature on the petition must be followed by the address of the person signing and the date signature is executed. A petition prepared for circulation must contain or have attached thereto throughout their circulation the full text of the ordinance proposed or sought to be reconsidered. The petition filed with the City Clerk-Treasurer need have attached to it only one copy of the ordinance 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/she personally circulated it, that all signatures were affixed in his/her presence, that he/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 ordinance proposed or sought to be reconsidered. Any person filing a false affidavit will be liable to criminal penalties as provided by Iowa 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 6.2A was filed.

E. Time for filing referendum petitions.

Referendum petitions may be filed within six months after the date the affidavit required under Section 6.2A was filed.

Section 6.4 Procedure after filing.

A. Certificate of City Clerk-Treasurer.

Within twenty (20) days after a petition is filed, the City Clerk-Treasurer shall complete a certificate as to its sufficiency, specifying, if it is insufficient, the particulars wherein it is defective and shall promptly send a copy of the certificate to the petitioners by registered mail, and a copy to the Mayor, who shall advise the City Council. If a petition is certified sufficient, the City Clerk-Treasurer shall promptly present the certificate to the City Council.

B. Validity of signatures.

A petition shall be deemed sufficient for the purposes of this Article if it contains valid signatures in the number prescribed in Section 6.3 and is timely filed event though the petition may contain one or more invalid signatures. 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.

Section 6.5 Action on Petitions.

A. Action by City Council.

When an initiative or referendum petition has been certified sufficient, the City Council shall promptly consider the proposed initiative ordinance or reconsider the referred ordinance. If the City Council fails to adopt a proposed initiative ordinance without any change in substance within sixty (60) days, or fails to repeal the referred ordinance within sixty (60) days after the date the petition was finally determined sufficient, it shall submit the proposed or referred ordinance to the qualified electors of the City as hereinafter prescribed. The City 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 6.4. If at any time more than thirty (30) days before the scheduled initiative or referendum election the City Council adopts the proposed initiative ordinance without any change in substance, or repeals a referred ordinance, the initiative or referendum proceedings shall terminate and the proposed or referred ordinance shall not be submitted to the voters.

B. Submission to Voters.

The vote of the City on a proposed or referred ordinance shall be a special election to be held at the regular City election, or at a general election, whichever comes first, provided, however, that the City Council may provide for a special referendum election on a referred ordinance any time after the expiration of the sixty (60) day period provided for reconsideration in Section 6.5A. Copies of the proposed or referred ordinance shall be made available to the qualified electors at the polls and shall be advertised at the City’s expense in the manner prescribed by the laws of the State of Iowa. The subject matter and purpose of the referred or proposed ordinance shall be indicated on the ballot.

Section 6.6 Results of Election.

A. Initiative.

If a majority of the qualified electors voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results by the Clinton County, Iowa Board of Canvassers and shall be treated in all respects in the same manner as ordinances of the same kind adopted by the City Council, except as provided in Section 6.1B(3). If conflicting ordinances are approved by majority vote at the same election, the one receiving the greatest n umber 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 vote against it, it shall be considered repealed upon certification of the election results by the Clinton County, Iowa Board of Canvassers. If conflicting ordinances 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.

Section 6.7. Prohibition on establishment of stricter conditions or requirements.

The City 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.

This Charter may be amended only by one of the following methods:

A. The City Council, by resolution, may submit a proposed amendment to the voters at a City, or a general election, and a proposed amendment becomes effective when approved by a majority of those voting.

B. The City Council, by ordinance, may amend the Charter. However, within thirty (30) days of publication of the ordinance, if a petition signed by eligible electors of the City equal in number to ten percent of the persons who voted at the last preceding regular City election, but not less than 10 persons, is filed with the City Council, the City Council must submit the amending ordinance to the voters at a City or general election, whichever comes first, and the amendment does not become effective until approved by a majority of those voting.

C. If a petition signed by eligible electors of the City equal in number to ten percent of the persons who voted at the last preceding regular City election, but less than 10 persons, is filed with the City Council proposing an amendment to the Charter, the City Council must submit the proposed amendment to the voters at a City or general election, whichever comes first, and the amendment becomes effective if approved by a majority of those voting.

Section 7.2 Charter Review Commission.

The City Council, using the procedures prescribed in Article V, may establish a Charter Review Commission at least once every ten (10) years following the effective date of this Charter. The Commission, consisting of at least nine (9) members, shall review the existing Charter and may, within twelve (12) months recommend any Charter amendments that it deems fit. The City Council shall 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 Commission may also recommend to the City Council that it exercise its power of amendment pursuant to Section 7.1B of this Charter on a matter recommended by the Commission.

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