Sec. 1. Powers
of the council.
All powers of the city, not in conflict with the constitution and
applicable laws of the State of Arizona and subject to the limitations of this charter,
shall be vested in the council, which shall enact appropriate legislation and do and
perform any and all acts and things which may be necessary and proper to carry out these
powers or any of the provisions of this charter.
(Approved by voters on 11-8-83; approved by Governor on 12-5-83)
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Sec. 2. Number;
selection.
The council shall consist of a mayor and six (6) councilmen elected from
the city as follows:
A. The Mayor shall be elected from the City at large.
B. The six (6) other Councilmembers shall be elected from each of six
geographic districts within the City of Peoria. The Districts shall be established by the
City Council and shall contain a substantially equal number of total population.
C. District Boundaries shall be modified to substantially equalize the
population of each for the next Regular Election following the completion of the United
States Decennial Census. Should Peoria participate in a Mid-decennial census conducted by
the United States, the Council shall also modify District boundaries to substantially
equalize the population of each for the next regular election following such Special
Census.
D. Each candidate for one of the six (6) Council positions shall be
resident from the District from which election is sought, and shall continue such
residence therein for the term for which candidate is elected.
E. Electors in each District shall sign nomination petition and vote only
for Council candidates from the Council District in which the electors reside
F. Councilmembers whose term of office commence in June, 1989 shall serve
a two-year term. Six (6) Councilmembers shall be elected at the Primary or General
Election held two (2) years thereafter, and three (3) chosen by lot at the first Council
meeting of the new Council shall serve four year terms, and the remainder shall serve two
year terms. the redrawing of District boundaries shall not remove the residence of an
incumbent Councilmember from the District he/she represents during the term for which
elected.
G. The signatures of not less than seventy five (75) nor more than one
hundred fifty (150) registered voters from the respective district shall be necessary on
nomination petitions for candidates for the first Council election in which the Council
members are elected from District.
(Approved by voters on 11-8-83; approved by Governor on 12-5-83)
(Approved by voters on 3-21-89; approved by Governor on 4-19-94)
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Sec. 3. Elections.
Conduct of all city elections shall be under the control of the council
and the council shall by ordinance provide for the holding of all municipal elections.
(Approved by voters on 11-8-83; approved by Governor on 12-5-83)
(Approved by voters on 3-19-93; approved by Governor on 6-28-93)
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Sec. 4. Terms
of mayor.
A. Commencing with the first primary and general elections held pursuant
hereto in 1999, the mayor shall be elected for a term of four (4) years and serve until
his successor is elected and qualified. No person shall be eligible to succeed himself in
the office of mayor for more than two (2) consecutive terms, but there shall be no limit
on the number of nonconsecutive terms.
B. The term of the Mayor from 1997 - 1999 shall not be counted as a term
for purposes of the term limit set forth in subsection A. In the event a person serves as
Mayor for more than two years of a term that some other person is elected for, such
portion of the term shall count as one term for purposes of the term limit set forth in
subsection A.
(Approved by voters on 11-8-83; approved by Governor on 12-5-83)
(Approved by voters on 3-11-97; approved by Governor on 5-28-97)
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Sec. 5. Terms
of Councilmembers.
Councilmembers serving on the date this charter takes effect shall
continue to serve their unexpired terms and until their successors are elected under the
terms of section 3 of this article. Two (2) councilmembers shall be elected in the regular
council elections to be held in 1985 and four (4) councilmembers shall be elected at the
regular council elections to be held in 1987 and the council candidate finishing in fourth
place in the 1987 regular council election shall serve a two-year term, and until his
successor is elected and qualified. All other councilmembers elected pursuant to this
charter shall serve for a term of four (4) years, and until their successors are elected
and qualified.
(Approved by voters on 11-8-83; approved by Governor on 12-5-83)
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Sec.
6. Qualifications.
The mayor and councilmembers shall be qualified electors of the city and
shall hold no other elected public office, nor any incompatible appointed public office,
and shall have resided in the city for not less than one (1) year preceding the date of
such election or appointment. If the mayor or a councilmember shall cease to possess any
of these qualifications or shall be convicted of a crime involving moral turpitude, his
office shall immediately become vacant. City employees are not eligible to stand for
election or serve as mayor or as members of the city council. No person shall be eligible
for the office of mayor who shall not have attained the age of twenty-five (25) years and
no person shall be eligible for the council who shall not have attained the age of
twenty-one (21) years.
(Approved by voters on 11-8-83; approved by Governor on 12-5-83)
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Sec.
7. Duties of Mayor.
The mayor shall be the chairman of the council and shall preside over its
deliberations. He shall have a voice and vote in all its proceedings, except he shall not
make or second motions unless he temporarily relinquishes the presiding chair until the
vote on the motion has been taken, or until disposition on the motion has been otherwise
completed. The mayor shall have no veto power. He shall be recognized as head of the city
government for all purposes. The mayor shall have no regular administrative duties, but he
shall, on behalf of the council, confer and advise with the city manager to insure that
council programs and policies are being carried out in full. In addition thereto, the
mayor shall govern the city by proclamation during times of riot, civil insurrection,
major disaster and times of great public danger.
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Sec.
8. Vice-mayor.
The council shall designate one of its members as vice-mayor, who shall
serve in such capacity at the pleasure of the council. The vice-mayor shall perform the
duties of the mayor during his absence or disability.
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Sec. 9. Salaries, generally;
citizens commission on salaries for elected city officials.
A. Effective January 4, 2005, the monthly compensation of the Mayor shall be
Two Thousand Two Hundred Eighty-Eight Dollars ($2,288.00), payable in the same manner as other
employees. Effective January 4, 2005, the monthly compensation of the Councilmembers shall be
One Thousand Five Hundred and Twenty-Five Dollars ($1,525.00), payable in the same manner as other employees.
B. There is established a Citizens Commission on Salaries for Elected City
Officials. The Commission shall be comprised of a Chairman plus four (4) members who shall
be appointed from private citizens. The terms shall be staggered in the manner provided by
Council. The members of the Commission shall serve without compensation but shall be
reimbursed for actual expenses.
C. The Commission shall conduct a review of the compensation provided to
elected city officials. Such review shall be made for the purpose of recommending
adjustments to pay levels to the duties and responsibilities of the positions.
D. The Commission shall submit to the City Clerk, no later than 150 days
prior to the date of the primary election in 2004 and not less than 150 days prior to date
of the primary election every second year thereafter a copy of their review and their
recommendations. The recommendations of the Commission shall be accepted or rejected by
the City Council.
E. In the event that the Commission recommends a change, including a
reduction in the salaries for elected officials of an amount less than
Five and one tenth percent (5.1%)
greater than the existing salary for elected officials, it shall file such recommendations
with the City Clerk and no question shall be submitted to the qualified electors. Such
change shall become effective for the Mayor and all councilmembers upon the taking office
of councilmembers following an election after the recommendation.
F. The recommendations of the Commission as to salaries shall be filed by
the City Clerk and except as provided in subparagraph E, the Council shall submit to the
qualified electors at the next regular election the question: "Shall the
recommendations of the Citizens Commission on Salaries for Elected City Officials of
$****** per month for the Mayor, and $****** per month for each councilmember be accepted?
Yes_____, No______. Such Recommendations if accepted by the qualified electors shall
become effective for the Mayor and all councilmembers upon the taking office of
councilmembers following an election after approval of the question.
(Approved by voters on 3-21-89; approved by Governor on 4-19-94)
(Approved by voters on 3-11-97; approved by Governor on 5-28-97)
(Approved by voters on 3-13-01; approved by Governor on
6-14-01)
(Approved by voters on 5-17-2005; approved by Governor on
7-05-05)
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Sec. 10. Council to be
judge of qualifications of its members.
The council shall be the judge of the election and qualifications of its
members and for such purpose shall have power to subpoena witnesses and require the
production of records, but the decision of the council in any such case shall be subject
to review by the courts.
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Sec. 11. Induction of mayor and council into office.
A. The council shall on the first scheduled meeting date in the
first month
of the new year following the year in which a regularly scheduled
election for the Mayor and/or Council was held, induct the newly elected
Mayor and Council members, and to
elect a vice mayor and organize the council as may be provided by ordinance.
B. In the case of a
Council member elected at a special election, the Council member shall
file the oath of taking office with the City Clerk not less than 24
hours prior to the meeting where the adoption of the canvass shall occur
and may be inducted immediately thereafter.
C. This change shall
become effective for regular elections for Mayor and Council members
from and after December 31, 2003.
(Approved by voters on 11-8-83; approved by Governor on 12-5-83)
(Approved by voters on 3-19-93; approved by Governor on 6-28-93)
(Approved by voters on 3-14-03; approved by
Governor on 9-11-03)
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Sec. 12. Absence to terminate membership.
If any councilmember shall be absent from more than three (3) consecutive
regular meetings, or a total of four (4) regular meetings in any calendar year, without
the consent of the council duly recorded in the journal, he shall thereupon cease to hold
office.
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Sec.
13. Vacancies in the office of mayor and council.
A. In case of a vacancy in the office of the mayor, the vice-mayor, should
he be otherwise qualified, shall become mayor and continue in office until the expiration
of the unexpired term. Should the vice-mayor not be qualified because of age to assume the
office of mayor, the council shall choose a mayor who is qualified from among its
membership. Should no member of the council be qualified by age, a mayor shall be chosen
to fill the unexpired term by special election. Upon taking the oath
of office for the position of Mayor, the seat of the council position
held by the vice-mayor or council member shall be deemed vacant.
B. If a vacancy occurs seven hundred and forty (740) days or more prior to
the next regular election for the vacant position, there shall be a special election held
to fill the unexpired portion of the term. For purposes of this
Section, the next regular election is deemed to be the primary
election. The special election shall be held subject to the following provisions:
(1) there shall be a period of ten (10) days from the date the vacancy
occurs during which any person desiring to run for the vacant office must declare as a
candidate for the office by filing a written statement declaring their intention to be a
candidate with the city clerk.
(2) Upon expiration of the ten day period in
subsection B.(1), the City Clerk shall schedule a special election
on the first available election day permitted by state law and this
charter.
(3) The procedures for nomination and election shall be the same as for
regular council elections to the extent possible.
(4) The council shall not less than twelve (12) days nor more than fifteen
(15) days from the date any vacancy occurs appoint in the manner provided in paragraph C
of this section, a person to fill the vacant office for a term ending the first business
day after the canvass of votes is completed following the election of a candidate to fill
the unexpired term of office.
C. In the case of a vacancy on the council which occurs less than
seven hundred and forty (740) days prior to the next regular election for a council member
from the district in which the vacancy occurred, the vacancy shall be filled as follows:
(1) A vacancy shall be filled by a qualified elector residing in the
district in which the vacancy exists.
(2) The first candidate receiving an affirmative majority of the votes of
the mayor and council members present shall be selected to fill the vacancy.
If more than two candidates are nominated and no candidate receives
a majority of the votes of mayor and council members present, then a
second ballot shall be held and the two candidates having received
the most votes deemed nominated and voted on by the mayor and
council members present.
(3) The appointment shall be until their successor at the next regular
election shall be elected and qualified.
D. If a vacancy in the office of council occurs
after the canvass of a primary election or general election in which a
candidate has been elected for the seat that has become vacant, the
person elected for such vacant seat shall be deemed to be appointed
for the remainder of the term of the seat that has become vacant upon
taking the oath of office. If no person has been elected at the
primary election, the council may elect to leave the seat vacant until
the canvass of the general election and then the seat shall be filled
in accordance with this paragraph.
E. A vacancy in the office of mayor or the council shall exist,
except under the recall provisions of this charter, when the respective elected official
fails to qualify within thirty (30) days after commencement of his term, dies, resigns,
removes from the city, absents himself from the duties of his office without the consent
of the council as provided in the charter, is convicted of intentionally violating any of
the provisions of this charter, or of a felony, or is judicially declared an incapacitated
person as defined by statute.
(Approved by voters on 11-8-83; approved by Governor on 12-5-83)
(Approved by voters on 3-19-93; approved by Governor on 6-28-93)
(Approved by voters on 9-07-04; approved by Governor on
7-28-05)
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Sec. 14. Meetings of council, boards, commissions
and committees.
A. The council shall meet regularly at such times and at such places
as may be prescribed by ordinance, but not less frequently than twice each month. Notices
and agendas of such meetings, including a short summary of items on the agenda, shall be
posted pursuant to statute in such public places as the council may set by ordinance, and
the places of such posting shall be kept on file with the city clerk.
B. All meetings of the city's council, boards, commissions and
committees shall be open to the public, provided that executive sessions may be held as
provided by statute.
C. Minutes of executive sessions shall be kept confidential except
from members of the body which met in executive session and from a city officer, appointee
or employee who is the subject of discussion or consideration during an executive session
of the public body held for the purpose of discussion or consideration of his employment,
assignment, appointment, promotion, demotion, dismissal, salary, disciplining or
resignation.
D. No executive session may be held for the purpose of taking any
final action or making any final decision.
(Approved by voters on 11-8-83; approved by Governor on 12-5-83)
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Sec. 15. Special meetings.
A. The mayor may, or at the request of three (3) members of the
council, shall, by giving notice thereof to all members of the council, or leaving notice
at their usual place of abode, call a special meeting of the council for a time not
earlier than twenty-four (24) hours after notice is given and posted pursuant to law.
Special meetings of the council may also be held at any time by the common consent of four
(4) members of the council, provided notice is given and posted as in special meetings
called by the mayor.
B. In case of an emergency, a meeting may be held upon such notice
as is appropriate to the circumstances. At such meeting, business concerning only such
emergency shall be discussed or acted upon.
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Sec. 16. Rules of
procedure; journal.
The council shall determine its own rules and order of business subject to
the provisions of this charter. It shall keep a journal of its proceedings and the journal
shall be open to public inspection.
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Sec.
17. Quorum; ayes and nays.
A majority of the members of the council shall constitute a quorum, but a
smaller number may adjourn from day to day or from time to time until a quorum can be
compelled. The vote on any question shall be by ayes and nays and shall be entered in the
journal. At the request of any member of the council, a roll call vote shall be taken. The
vote may be taken by mechanical device.
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Sec.
18. Failure to vote.
The mayor and councilmembers shall not be excused from voting except upon
matters involving the consideration of his own official conduct or in such matters as he
may have a conflict of interest as set forth by statute. In all other cases, a vote of aye
or nay must be cast. Should the mayor or councilmember fail to vote, his vote shall be
counted with the majority vote on the issue, and in case of a tie vote, his vote shall be
counted as a nay vote.
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Sec. 19. Consideration of petitions.
Any person may appear before the council at any regular meeting and
present a written petition. Such petitions shall be considered by the council in the
regular course of business within thirty (30) days. Referral to the city manager for staff
consideration shall also constitute council consideration hereunder.
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Sec. 20. Interference in
administrative service.
A. Except as otherwise provided in this charter, neither the mayor nor any
councilmember shall interfere with the execution by the city manager of his powers and
duties, or order, directly or indirectly, the appointment by the city manager of any
person to an office or employment or his removal therefrom. Except for purposes of
inquiry, the mayor and councilmembers shall deal with the administrative service under the
city manager solely through the city manager, and neither the mayor nor councilmember
shall give orders to any subordinate of the city manager, either publicly or privately.
B. Nothing in this section shall be construed, however, as
prohibiting the council while in open session from fully and freely discussing with or
suggesting to the city manager anything pertaining to city affairs or the interest of the
city.
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Sec.
21. Conduct of council as to powers authorized by charter when no procedure
established by state law
Whenever, by any provisions of this charter, it is prescribed that any
power, duty or procedure shall or may be exercised, performed or adopted in the manner
established by any law of this state, and there be no procedure established by law
therefor, then the council shall by ordinance prescribe the procedure.
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