Chapter 2 ADMINISTRATION*
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Charter references: General powers, rights and liabilities, ch. II; government, ch. III; City Manager, ch. III, § 2; Mayor, ch. V; bonds and oaths of office, ch. IX; conflict of interest, ch. XI, personnel system, ch. XXV.
Cross references: Aviation Advisory Board, § 4-215 et seq.; Airport Zoning Committee, § 4-237; Airport Board of Adjustment, § 4-245; Civic Plaza, ch. 10A; civil defense, ch. 11; elections, ch. 12; political activities or contributions by City employees, § 12-234; influencing vote of City employee, § 12-236; finance, ch. 13; human relations, ch. 18; License Appeal Board, § 19-12 et seq.; wearing badge or insignia of public officer, § 23-21; smoking in City buildings, § 23-104; public library, ch. 26; Library Advisory Board, § 26-1 et seq.; Library Department, § 26-5 et seq.; Citizens' Wastewater Rate Advisory Committee, § 28-57 et seq.; Superintendent of Streets, § 31-2 et seq.; Urban Renewal Commission, § 35-2 et seq.; traffic administration, § 36-2 et seq.; Water Utilities Appraisal Review Board, § 37-96 et seq.; Citizens' Water Rate Advisory Committee, § 37-102 et seq.; Sealer of Weights and Measures, § 38-1; Rehabilitation Appeals Board, § 39-31 et seq.; Slum Property Designation Appeals Panel, § 39-44; risk management, ch. 42.
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Article I. In General
Sec. 2-1. Composition of administration branch.
Sec. 2-1.1. Deputy City Manager offices.
Sec. 2-1.2. Special offices.
Sec. 2-2. City Manager– Appointment.
Sec. 2-3. City Manager– Authority as to administrative affairs; reports.
Sec. 2-4. City Manager– Enforcement of ordinances; distribution of work; settlement of claims.
Sec. 2-5. City Manager– Supervision of officers and employees; delegation of authority.
Sec. 2-6. City Manager– Designation of officer to perform duties during temporary absence or disability.
Sec. 2-7. Appointment of Assistant City Manager, personal secretary to the City Manager, Urban Services Managers, special administrative officers and department heads.
Sec. 2-8. City Manager– Appointment and removal of officers and employees.
Sec. 2-9. City Manager– Memorandum of understanding with City Insurance Committee.
Sec. 2-10. Direction and supervision of departments.
Sec. 2-11. Direction and supervision of divisions.
Sec. 2-12. Appointment of assistant department and division heads.
Sec. 2-13. Department heads– Duties generally.
Sec. 2-14. Department heads– Preservation of records; mutual aid between departments.
Sec. 2-15. Department heads– Reports.
Sec. 2-16. Department heads– Budget estimates; additional duties.
Sec. 2-17. Assistant department and division heads.
Sec. 2-18. City Clerk Department.
Sec. 2-19. Finance Department.
Sec. 2-19.1. Bonds, sureties and guarantees required by the Materials Management Administrator.
Sec. 2-20. Budget and Research Department.
Sec. 2-21. City Auditor Department; powers and duties.
Sec. 2-21.01 Audit Committee.
Sec. 2-21.02 Powers and duties of Audit Committee.
Sec. 2-21.03 Interference with City Auditor prohibited.
Sec. 2-22. Information Technology Department.
Sec. 2-23. City Attorney and Law Department.
Sec. 2-24. Personnel Department.
Sec. 2-25. Planning Department.
Sec. 2-26. Public Works Director.
Sec. 2-27. Engineering and Architectural Services Department.
Sec. 2-28. Street Transportation Department.
Sec. 2-29. Water Services Department.
Sec. 2-30. Parks, and Recreation Department.
Sec. 2-30.1. Park rangers.
Sec. 2-30.2. Library Department.
Sec. 2-31. Aviation Department.
Sec. 2-32. Housing Department.
Sec. 2-32.01. Criminal history record information[– Release to Housing Department].
Sec. 2-33. Community and Economic Development Department.
Sec. 2-33.01. Phoenix Convention Center Department.
Sec. 2-34. Human Services Department.
Sec. 2-34.01. Equal Opportunity Department.
Sec. 2-34.02. Neighborhood Services Department.
Sec. 2-35. Development Services Department.
Sec. 2-36. Fire Department.
Sec. 2-37. Police Department.
Sec. 2-38. Oath of office.
Sec. 2-39. Office hours.
Sec. 2-40. Vacancies on boards and commissions.
Sec. 2-41. Fiscal year.
Sec. 2-42. Preparation of annual budget.
Sec. 2-43. Annual tax levy.
Sec. 2-44. County officers to assess and collect all real and personal property taxes.
Sec. 2-45. Fees, charges and prices for special services and materials.
Sec. 2-45.1. Recovery of costs at events requiring response by police.
Sec. 2-45.2. Cost recovery fee for issuance of dishonored checks; conditions of imposition; procedures; exceptions.
Sec. 2-45.3. Installment agreements– Terms and conditions; limitations; authorizations.
Sec. 2-45.4. Collection of City fees and taxes– Abatement of collection suits and actions; release of liens; determination of uncollectibility; authority of Finance Director and City Manager.
Sec. 2-45.5. Collection of accounts receivable debts owed to the City– Abatement of collection suits and actions; release of liens; determination of uncollectibility; authority of Finance Director and City Manager.
Sec. 2-45.6. Background checks; fingerprints.
Sec. 2-45.7. Confidentiality of public building and City Public Works facility plans and specifications.
Article II. City Council
Division 1. Generally
Sec. 2-46. Powers vested in Council; composition; election.
Sec. 2-47. Manner of exercising powers.
Sec. 2-48. Authority as to offices, departments, agencies, boards and commissions.
Sec. 2-49. Interference with City Manager prohibited.
Sec. 2-50. Appointment of members of agencies, boards and commissions.
Sec. 2-51. Removal of board, commission and committee members.
Sec. 2-52. City of Phoenix Ethics Policy.
Sec. 2-53. Complaints of Ethics Policy violations by board, commission or committee members.
Secs. 2-54– 2-59. Reserved.
Division 2. Rules of Council Proceedings
Sec. 2-60. Rules of Council proceedings.
Division 3. Reserved
Secs. 2-61– 2-77. Reserved.
Division 4. Ordinances and Resolutions
Sec. 2-78. Reading of ordinances and resolutions; effective date.
Sec. 2-79. Emergency measures; limitation.
Sec. 2-80. Publication.
Sec. 2-81. Franchise ordinances.
Article III. City Court
Division 1. Generally
Sec. 2-82. City judge to preside; responsibility.
Sec. 2-83. Chief Presiding Judge duties.
Sec. 2-83.1. Salaries.
Sec. 2-84. City Council duties.
Sec. 2-85. Fines, penalties and other fees to be paid periodically to Treasurer.
Sec. 2-86. Procedures applicable to City Court.
Sec. 2-87. Formation and summoning of juries; jurors' pay.
Sec. 2-88. Number of jurors.
Sec. 2-89. City's right of execution against property.
Sec. 2-90. Clerk of the City Court.
Sec. 2-91. Judgment on default.
Sec. 2-92. Judgments.
Sec. 2-93. Appeal.
Sec. 2-94. Court hearing officers and presiding court hearing officer– Qualifications; term; removal; hearing officers pro tempore; compensation; powers and duties.
Sec. 2-95. Seal; affixing of seal; electronic document management system.
Sec. 2-96. Judicial Selection Advisory Board– Establishment; membership; powers and duties; operating procedures.
Sec. 2-97. Court fees.
Sec. 2-98. Court technology enhancement fee; City Court technology enhancement fund.
Sec. 2-99. Waiver of service of summons; saving costs of service; request to waive.
Sec. 2-100. Home detention.
Secs. 2-101– 2-109. Reserved.
Division 2. Reserved
Secs. 2-110– 2-118. Reserved.
Article IV. Police Department
Division 1. Generally
Sec. 2-119. Chief of Police.
Sec. 2-120. Organization of divisions and bureaus of Police Department.
Sec. 2-121. Fees chargeable for service of process.
Sec. 2-121.01. Fees chargeable for criminal background check before transfer of firearm.
Sec. 2-122. False and misleading reports to police.
Sec. 2-123. Mandatory retirement ages.
Division 2. Special Police Officers
Sec. 2-124. Definitions.
Sec. 2-125. Special police officer system established.
Sec. 2-126. Purpose of special police officers.
Sec. 2-127. Appointment of special police officers by Chief of Police.
Sec. 2-128. Application blanks.
Sec. 2-129. Qualifications of special police officers.
Sec. 2-130. Oath of office.
Sec. 2-131. Pre-assignment training.
Sec. 2-132. Assignment to specified localities and duties.
Sec. 2-133. Supervision by Chief of Police of duties of special police officers.
Sec. 2-134. Compliance with Police Department regulations and acts of the Council.
Sec. 2-135. Official status of special police officers.
Sec. 2-136. Badge and equipment.
Sec. 2-137. Compensation.
Sec. 2-138. Dismissal.
Sec. 2-139. Honorary appointments prohibited.
Sec. 2-140. Reserved.
Division 3. Police Reserve Officers
Sec. 2-140.1. Definitions.
Sec. 2-140.2. Reserve police officer system established.
Sec. 2-140.3. Purpose of reserve police officers.
Sec. 2-140.4. Appointment of reserve police officers by Chief of Police.
Sec. 2-140.5. Qualifications for appointment; applications.
Sec. 2-140.6. Oath of office.
Sec. 2-140.7. Pre-assignment training.
Sec. 2-140.8. Assignment to specified duties.
Sec. 2-140.9. Supervision by Chief of Police.
Sec. 2-140.10. Compliance with Police Department regulations and acts of the Council.
Sec. 2-140.11. Official status of reserve police officers; compensation.
Sec. 2-140.12. Badge and uniform.
Sec. 2-140.13. Dismissal.
Sec. 2-140.14. Honorary appointments prohibited.
Sec. 2-140.15. Relation to other police officers.
Sec. 2-140.16. Reserved.
Article V. Fire Department
Sec. 2-141. Duties of Chief.
Sec. 2-142. Divisions.
Secs. 2-143– 2-149. Reserved.
Article VI. Public Defender Review Committee
Sec. 2-150. Public Defender Review Committee– Creation; composition; term of office; removal from office.
Sec. 2-151. Appointment of officers; quorum; adoption of rules; compensation.
Sec. 2-152. Powers and duties; court liaison.
Secs. 2-153, 2-154. Reserved.
Article VII. Personnel Committee
Sec. 2-155. Creation; composition; chairman and secretary.
Sec. 2-156. Department heads sitting in advisory capacity.
Sec. 2-157. Absence or inability of City Manager.
Sec. 2-158. Duties.
Sec. 2-159. Use of staff of Personnel Department.
Sec. 2-160. Minutes of meetings.
Article VIII. City Planning Commission
Sec. 2-161. Creation; composition; terms of members; vacancies; compensation.
Sec. 2-162. Duties.
Sec. 2-163. Selection of officers; advisory body; duties of secretary.
Article IX. Development Advisory Board
Sec. 2-164. Purpose and formation.
Sec. 2-165. Membership and terms of office.
Sec. 2-166. Duties and responsibilities of Board.
Sec. 2-167. Election of officers.
Sec. 2-168. Meeting; quorum.
Sec. 2-169. Conflict of interest.
Sec. 2-170. Recommendations on ordinance changes.
Sec. 2-171. Reserved.
Sec. 2-172. Appeals.
Sec. 2-173. Court review.
Secs. 2-174, 2-175. Reserved.
Article X. Assisted Housing Governing Board
Sec. 2-176. Assisted Housing Governing Board– Creation; composition; term of office.
Sec. 2-177 Assisted Housing Governing Board– Quorum; adoption of rules; compensation.
Sec. 2-178. Assisted Housing Governing Board– Powers and duties.
Secs. 2-179, 2-180. Reserved.
Article XI. Community Development Request for Proposals Review Committee
Sec. 2-181. Community Development Request for Proposals (RFP) Review Committee– Creation; purpose; power.
Sec. 2-182. Composition of membership.
Sec. 2-183. Terms of office.
Sec. 2-184. Powers and duties.
Secs. 2-185, 2-186. Reserved.
Article XII. Public Works Contracts
Sec. 2-187. Computation of time under this article.
Sec. 2-187.01. Definitions.
Sec. 2-188. Protest of solicitation, determination and contract award and request to withdraw solicitation response– How made.
Sec. 2-189. Protest hearing; withdrawal hearing.
Sec. 2-190. Hearing procedure.
Sec. 2-190.1. Protest or withdrawal recommendation.
Article XIII. Phoenix Office of Arts and Culture and Phoenix Arts and Culture Commission
Sec. 2-191. Phoenix Office of Arts and Culture– Creation; purposes and goals.
Sec. 2-192. Phoenix Office of Arts and Culture– Duties.
Sec. 2-193. Phoenix Arts and Culture Commission– Creation; composition; term of office.
Sec. 2-194. Phoenix Arts and Culture Commission– Appointment of officers; adoption of rules; quorum.
Sec. 2-195. Phoenix Arts and Culture Commission– Powers and duties.
Sec. 2-196. Arts and Culture Administrator and Staff.
Article XIV. Reserved
Secs. 2-197– 2-200.1. Reserved.
Article XV. City of Phoenix Commission on Housing and Neighborhoods
Sec. 2-201. City of Phoenix Commission on Housing and Neighborhoods– Creation; members.
Sec. 2-202. City of Phoenix Commission on Housing and Neighborhoods– Term of members; vacancy.
Sec. 2-203. City of Phoenix Commission on Housing and Neighborhoods– Compensation of members.
Sec. 2-204. City of Phoenix Commission on Housing and Neighborhoods– Officers; adoption of rules; appointment of committees.
Sec. 2-205. City of Phoenix Commission on Housing and Neighborhoods– Functions, duties.
Article XVI. Parks and Recreation Board
Sec. 2-206. Parks and Recreation Board– Creation; composition; term of office.
Sec. 2-207. Parks and Recreation Board– Quorum; adoption of rules; compensation.
Sec. 2-208. Parks and Recreation– Powers and duties.
Article XVII. Employer-Employee Relations
Division 1. Meet and Confer
Sec. 2-209. Findings and purpose.
Sec. 2-210. Definitions.
Sec. 2-211. Phoenix Employment Relations Board.
Sec. 2-212. Appropriate units.
Sec. 2-213. City Council; City management rights.
Sec. 2-214. Public employee rights.
Sec. 2-215. Scope of memorandum of understanding.
Sec. 2-216. Qualifications of employee organizations.
Sec. 2-217. Recognition.
Sec. 2-218. Meeting and conferring.
Sec. 2-219. Resolution of impasses.
Sec. 2-220. Unfair employee relations practices.
Sec. 2-221. Prohibited practices.
Sec. 2-222. Reserved.
Division 2. Supervisory and Professional Meet and Discuss
Sec. 2-223. Purpose.
Sec. 2-224. Definitions.
Sec. 2-225. Appropriate group.
Sec. 2-226. Recognition of an employee association; petition; election; runoff election.
Sec. 2-227. Public employee rights.
Sec. 2-228. Employee association rights.
Sec. 2-229. Scope of meeting and discussing.
Sec. 2-230. Restrictions on employee association.
Sec. 2-231. Meeting and discussing process.
Sec. 2-232. Scope of agreement.
Sec. 2-233. Failure to reach agreement; procedure.
Sec. 2-234. Agreement dispute resolution procedure.
Sec. 2-235. Prohibited practices; procedure.
Secs. 2-236– 2-300. Reserved.
Article XVIII. Disposition of Unclaimed Money and Personal Property
Sec. 2-301. Disposition of unclaimed money or personal property; exceptions.
Sec. 2-302. Notice of disposition– Contents.
Sec. 2-303. Notice of disposition– Service and publication.
Sec. 2-304. Claim periods– Owner; finders.
Sec. 2-305. Disputed claims.
Sec. 2-306. Destruction of unclaimed property.
Sec. 2-306.01. Disposition of unclaimed and forfeited firearms.
Sec. 2-307. Deposit of unclaimed money.
Sec. 2-308. Sale or public use of unclaimed property; unsold property; disposition of funds.
Sec. 2-309. Certificate of sale.
Sec. 2-310. Affidavits.
Sec. 2-311. Records.
Sec. 2-312. City personnel prohibited.
Secs. 2-313– 2-400. Reserved.
Article XIX. Appointment of Board, Commission and Committee Members
Sec. 2-401. Four-year terms.
Sec. 2-402. Three-year terms.
Sec. 2-402.01. Establishing the Phoenix Workforce Investment Board to be known as the Phoenix Workforce Connection (PWC), establishing Board membership and terms.
Sec. 2-402.02. Powers and duties of the Phoenix Workforce Investment Board.
Sec. 2-403. Vacancies caused by death or resignation.
Sec. 2-404. Reserved.
Secs. 2-405– 2-500. Reserved.
Article XX. Public Transit
Sec. 2-501. Public Transit Department.
Secs. 2-502– 2-509. Reserved.
Sec. 2-510. Creating the Citizens Transit Commission; establishing Commission membership; term of office; quorum requirements.
Sec. 2-511. Powers and duties of the Citizens Transit Commission.
Secs. 2-512– 2-600. Reserved.
Article XXI. Central Phoenix Committee
Sec. 2-601. Creation; composition; term of office.
Sec. 2-602. Appointment of officers; adoption of rules; quorum.
Sec. 2-603. Powers and duties of the Committee.
Sec. 2-604. The action plan.
Sec. 2-605. Project information.
Secs. 2-606– 2-699. Reserved.
Article XXII. Percent for Art Funding
Sec. 2-700. Percent for art funding.
Sec. 2-701. Public Art Project Plan.
Sec. 2-702. Placement of Public Art Projects.
Secs. 2-703– 2-800. Reserved.
Article XXIII. City of Phoenix Environmental Quality Commission
Sec. 2-801. City of Phoenix Environmental Quality Commission– Creation, composition.
Sec. 2-802. City of Phoenix Environmental Quality Commission– Term of members; removal; vacancy.
Sec. 2-803. City of Phoenix Environmental Quality Commission– Compensation of members.
Sec. 2-804. City of Phoenix Environmental Quality Commission– Officers; adoption of rules; appointment of committees.
Sec. 2-805. City of Phoenix Environmental Quality Commission– Powers and duties.
Article XXIV. Surface Transportation Advisory Committee
Sec. 2-806. Establishment.
Sec. 2-807. Membership.
Sec. 2-808. Appointment of officers; adoption of rules; quorum.
Sec. 2-809. Reserved.
Article XXV. Neighborhood Block Watch Fund Oversight Committee
Sec. 2-810. Neighborhood Block Watch Fund Oversight Committee; establishment; powers and duties.
Sec. 2-811. Membership.
Sec. 2-812. Terms of members; removal; vacancy.
Sec. 2-813. Appointment of officers; adoption of rules; quorum.
Secs. 2-814– 2-819. Reserved.
Article XXVI. Phoenix Youth and Education Commission
Sec. 2-820. Phoenix Youth and Education Commission– Creation; composition; term of office; term limits.
Sec 2-821. Powers and duties.
Sec. 2-822. Appointment of officers; adoption of rules; quorum; committees.
Sec. 2-823. Annual report of Commission's work.
Secs. 2-824– 2-899. Reserved.
Article XXVII. U.S.S. Phoenix Commission
Sec. 2-900. U.S.S. Phoenix Commission– Composition; term of office.
Sec. 2-901. Purposes and goals.
Sec. 2-902. Appointment of officers; adoption of rules; quorum.
Sec. 2-903. Powers and duties.
Secs. 2-904– 2-909. Reserved.
Article XXVIII. City Tourism and Hospitality Advisory Board
Sec. 2-910. City Tourism and Hospitality Advisory Board– Composition; term.
Sec. 2-911. Purpose and project selection criteria.
Sec. 2-912. Appointment of officers; adoption of rules; quorum; open meeting law compliance.
Secs. 2-913– 2-919. Reserved.
Article XXIX. Heritage Commission
Sec. 2-920. Heritage Commission– Duties.
Sec. 2-921. Composition of membership.
Sec. 2-922. Terms of office.
Sec. 2-923. Annual meeting and public hearings.
Secs. 2-924– 2-999. Reserved.
Article XXX. Lobbyists
Sec. 2-1000. Definitions.
Sec. 2-1001. Registration; reports.
Sec. 2-1002. Exceptions.
Sec. 2-1003. Political contributions; reports.
Sec. 2-1004. Forms, filing.
Sec. 2-1005. Prohibited lobbying; classification.
Secs. 2-1006– 2-1009. Reserved.
Article XXXI. Military Veteran Affairs Commission
Sec. 2-1010. City of Phoenix Military Veteran Affairs Commission– Creation
Sec. 2-1011. Term of office, removal, vacancy
Sec. 2-1012. Powers and duties.
Sec. 2-1013. Adoption of rules and quorum
Secs. 2-1014– 2-1200. Reserved.
Article XXXII. City of Phoenix Parks and Preserve Initiative Oversight Committee
Sec. 2-1201. Creation; purpose.
Sec. 2-1202. City of Phoenix Parks and Preserve Initiative Oversight Committee– Composition; term of office.
Sec. 2-1203. Appointment of officers; adoption of rules; quorum.
Sec. 2-1204. Powers and duties of the Committee.
Secs. 2-1205– 2-1300. Reserved.
Article XXXIII. Phoenix Substance Abuse Prevention Commission.
Sec. 2-1301. Phoenix Substance Abuse Prevention Commission.
Sec. 2-1302. Term of office, removal, vacancy
Sec. 2-1303. Powers and duties.
Sec. 2-1304. Adoption of rules and quorum.
Secs. 2-1305– 2-1399. Reserved.
Article XXXIV. Parade Agreements
Sec. 2-1400. City Manager authorization.
Sec. 2-1401. Requirements of the agreement.
Secs. 2-1402– 2-1500. Reserved.
Article XXXV. Phoenix Employees' Deferred Compensation Program
Sec. 2-1501. Phoenix Employees' Deferred Compensation Program; purposes and intent; trust.
Sec. 2-1502. Definitions.
Sec. 2-1503. Phoenix Employees' Deferred Compensation Board; appointment; terms.
Sec. 2-1504. Board powers and duties.
Sec. 2-1505. Establishment of trust and fiduciary responsibilities.
Sec. 2-1506. Employee participation.
Sec. 2-1507. Payroll deductions; administrative procedures.
Sec. 2-1508. Effect of participation.
Sec. 2-1509. Nonalienation of interest; domestic relations orders.
Sec. 2-1510. Termination; amendment.
Secs. 2-1511– 2-1600. Reserved.
Article XXXVI. Health Care Benefits Trust
Sec. 2-1601. Health Care Benefits Trust; Health Care Benefits Trust Fund; purpose.
Sec. 2-1602. Definitions.
Sec. 2-1603. Board; appointment; terms.
Sec. 2-1604. Powers and duties.
Sec. 2-1605. Risk Management Consultant or Insurance Administrator; verification.
Sec. 2-1606. Termination; amendment.
Sec. 2-1607. Non-applicability.
Secs. 2-1608, 2-1609. Reserved.
Article XXXVII. West Phoenix Revitalization Community Advisory Board
Sec. 2-1610. West Phoenix Revitalization Community Advisory Board– Creation.
Sec. 2-1611. Term of office, limits, removal, vacancy.
Sec. 2-1612. Powers and duties.
Sec. 2-1613. Adoption of rules and quorum.
Article XXXVIII. Medical Expense Reimbursement Plan (MERP)
Sec. 2-1614. Definitions.
Sec. 2-1615. MERP; Trust; Trust Fund; purpose.
Sec. 2-1616. Board; appointment; terms.
Sec. 2-1617. Powers and duties.
Sec. 2-1618. Termination.
Article XXXIX. Post Employment Health Plan (PEHP)
Sec. 2-1619. Definitions.
Sec. 2-1620. PEHP; Trust; Trust Fund; purpose.
Sec. 2-1621. Board; appointment; terms.
Sec. 2-1622. Board powers and duties.
Sec. 2-1623. Investment responsibilities; indemnification.
Sec. 2-1624. Effect of participation.
Sec. 2-1625. Termination; amendment.
Article XL. Long Term Disability Program
Sec. 2-1626. Definitions.
Sec. 2-1627. Oversight.
Sec. 2-1628. Trust Fund.
Sec. 2-1629. Board; appointment; terms.
Sec. 2-1630. Powers and duties.
Sec. 2-1631. Risk Management Consultant or Insurance Administrator; verification.
Sec. 2-1632. Termination.
Sec. 2-1633. Non-applicability.
ARTICLE I.
IN GENERALSec. 2-1. Composition of administration branch.
(a) There shall be within the City government an administrative branch composed of five Deputy City Manager's offices designated as the offices of Deputy City Managers, and two special offices designated as the office of the Executive Assistant to the City Manager, two offices of Special Assistant to the City Manager, and the office of the Assistant to the City Manager, and the Parks and Recreation Department, Library Department, Human Resources Department, Community and Economic Development Department, Equal Opportunity Department, Development Services Department, Aviation Department, Planning Department, Street Transportation Department, Police Department, Water and Wastewater Department, Engineering and Architectural Services Department, Public Transit Department, Public Works Department, Fire Department, Management and Budget Department, Information Technology Department, Finance Department, City Auditor Department, Law Department, Personnel Department, City Clerk Department, and Neighborhood Improvement and Housing Department.
(b) The administrative branch shall be headed by the City Manager.
(Code 1962, § 2-1; Ord. No. G-970, § 1; Ord. No. G-979, § 1; Ord. No. G-1314, § 1; Ord. No. G-1351, § 1; Ord. No. G-1664, § 1; Ord. No. G-1817, § 1; Ord. No. G-1928, § 1; Ord. No. G-2542, § 1; Ord. No. G-2908, § 1; Ord. No. G-2983, § 1; Ord. No. G-3159, § 1; Ord. No. G-3223, § 1; Ord. No. G-3243, § 1; Ord. No. G-3283, § 1; Ord. No. G-3313, § 1; Ord. No. G-3798, § 1; Ord. No. G-4419, § 5, passed 4-3-2002, eff. 5-3-2002)
Sec. 2-1.1. Deputy City Manager offices.
There shall be six offices of Deputy City Manager each headed by a Deputy City Manager who shall be an administrative officer of the City. In the operational control of the office of Deputy City Manager, each Deputy City Manager shall have all powers, duties and authority established for department directors. He shall report to the City Manager and shall be responsible for the administration of services provided by the departments assigned by the City Manager. In addition, the Deputy City Manager shall be responsible for such other duties and assignments as the City Manager shall assign to him.
(Ord. No. G-1664, § 2; Ord. No. G-1817, § 1; Ord. No. G-1928, § 1; Ord. No. G-2423, § 1; Ord. No. G-2542, § 1; Ord. No. G-2908, § 1; Ord. No. G-2983, § 2; Ord. No. G-3159, § 1; Ord. No. G-3243, § 1; Ord. No. G-3283, § 2)
Sec. 2-1.2. Special offices.
There shall be four special offices headed by administrative officers of the City as follows:
(a) There shall be an office of Executive Assistant to the City Manager headed by an Executive Assistant to the City Manager who shall be an administrative officer of the City. In the operational control of the office of Executive Assistant to the City Manager, the Executive Assistant shall have all powers, duties and authority established for department directors. He shall report to the City Manager and shall be responsible for the administration of services provided by departments assigned by the City Manager. In addition, the Executive Assistant to the City Manager shall be responsible for such other duties and assignments as the City Manager shall assign to him.
(b) There shall be an office of Assistant to the City Manager who shall be an administrative officer of the City. In the operational control of the office of Assistant to the City Manager, the Assistant to the City Manager shall have all powers, duties and authority established for department directors. He shall report to the City Manager and shall be responsible for the administration of services provided by departments assigned by the City Manager. In addition, the Assistant to the City Manager shall be responsible for such other duties and assignments as the City Manager shall assign to him.
(c) There shall be two offices of Special Assistant to the City Manager. In the operational control of the offices of Special Assistant to the City Manager, the Special Assistants to the City Manager shall have all powers, duties and authority established for department directors. They shall report to the City Manager and shall be responsible for the administration of services provided by departments assigned by the City Manager. In addition, the Special Assistants to the City Manager shall be responsible for such other duties and responsibilities as the City Manager shall assign to them.
(Ord. No. G-2908, § 2; Ord. No. G-3159, § 1; Ord. No. G-3223, § 1)
Sec. 2-2. City Manager– Appointment.
The City Manager shall be appointed by the City Council.
(Code 1962, § 2-2)
Charter references: City Manager, ch. III, §§ 1, 2, 4.
State law references: City Manager generally, A.R.S. § 9-303.
Sec. 2-3. City Manager– Authority as to administrative affairs; reports.
The City Manager shall be responsible to the City Council for the direction and supervision of the administrative affairs of the City and shall make a written report of the activities of the administrative branch of the City Council within thirty days after the end of each month and a written annual report within sixty days after the end of each fiscal year. The annual report shall be composed so that it may be given wide distribution to the general public.
(Code 1962, § 2-3)
Sec. 2-4. City Manager– Enforcement of ordinances; distribution of work; settlement of claims.
(a) The City Manager shall be empowered and authorized to promulgate regulations concerning the administration and enforcement of the purpose and intent of all existing ordinances of the City and he may, pending the passage of an ordinance, distribute the work of the departments or divisions in the administrative branch and establish temporary divisions.
(b) The City Manager of the City of Phoenix shall be authorized to appropriate and expend any public money for the City of Phoenix to settle all claims against the City which sum is less than eight thousand six hundred dollars.†
(c) The City Manager, or his representative, shall attend all Council meetings, unless excused by Council. The City Manager, or his representative, shall have the right to take part in discussions but may not vote.
(Code 1962, § 2-4; Ord. No. 892, § 1; Ord. No. G-1798, § 2; Ord. No. G-2908, § 1; Ord. No. G-3286, § 1; Ord. No. G-4796, § 1, adopted 5-10-2006, eff. 6-1-2006)
†Note– Charter Reference Chapter IV, Section 12.
Sec. 2-5. City Manager– Supervision of officers and employees; delegation of authority.
The City Manager shall direct and supervise all administrative officers and employees of the City in the performance of their duties and is authorized and empowered to delegate to a specified administrative officer the right and power to stamp the name and position of the City Manager on the proper class of documents or papers, which shall have the same force and effect as though the City Manager had, in person and by his own act, signed the document or paper. In order to grant an administrative officer the authority set out in this section, the City Manager shall file with the City Clerk Director the name and title of the administrative officer so empowered and the class of documents or papers to which the authority is to apply. Upon the change of a City Manager or an empowered administrative officer, the authority theretofore given shall cease until it shall have been regranted by the new City Manager or to the new administrative officer.
He may set aside any action taken by any administrative officer and supersede him in the function of his office.
(Code 1962, § 2-25; Ord. No. G-2542, § 1)
Cross references: Interference with City Manager by Council, § 2-49; employer-employee relations, § 2-209 et seq.
Sec. 2-6. City Manager– Designation of officer to perform duties during temporary absence or disability.
The City Manager may designate, by letter filed with the City Clerk Director, a qualified administrative officer of the City to perform his duties during his temporary absence or disability.
(Code 1962, § 2-6; Ord. No. G-2542, § 1)
Sec. 2-7. Appointment of Assistant City Manager, personal secretary to the City Manager, Urban Services Managers, special administrative officers and department heads.
The City Manager shall have the right to appoint the Assistant City Manager, his personal secretary, Urban Services Managers, special administrative officers and department heads, none of whom shall be subject to the civil service of the City of Phoenix.
(Code 1962, § 2-7; Ord. No. G-1166, § 1; Ord. No. G-1314, § 1; Ord. No. G-1384, § 1; Ord. No. G-2542, § 1; Ord. No. G-2908, § 1)
Sec. 2-8. City Manager– Appointment and removal of officers and employees.
The City Manager shall appoint and, when necessary for the good of the service, remove administrative officers and employees of the City; provided, that the provisions of the City Charter and rules and regulations of the Civil Service Board shall be complied with.
(Code 1962, § 2-8)
Cross references: Employer-employee relations, § 2-209 et seq.
Sec. 2-9. City Manager– Memorandum of understanding with City Insurance Committee.
The City Manager is hereby authorized and directed from time to time to execute a memorandum of understanding with the City Insurance Committee, being an agreement whereby the entire insurance needs of the City are provided for.
(Code 1962, § 2-9)
Cross references: Risk management, ch. 42.
Sec. 2-10. Direction and supervision of departments.
At the head of each department there shall be a director, who shall be an administrative officer, and he shall have the authority to direct and supervise his department, subject to the City Manager. Two or more departments may be headed by the same individual. The City Manager may head one or more departments and directors of departments may also serve as heads of divisions. The work of each department shall be distributed among the divisions listed in this article.
(Code 1962, § 2-10)
Sec. 2-11. Direction and supervision of divisions.
At the head of each division there shall be an administrative officer, who shall have the authority to direct and supervise the division subject to the department head. Two or more divisions may be headed by the same individual. The work of each division may be distributed among such subordinate units as may be established by the department or division heads, with the approval of the City Manager.
(Code 1962, § 2-11)
Sec. 2-12. Appointment of assistant department and division heads.
All assistant department and division heads shall be appointed by the City Manager, subject to provisions of the Charter and rules and regulations of the Civil Service Board.
(Code 1962, § 2-12; Ord. No. G-2542, § 1)
Sec. 2-13. Department heads– Duties generally.
Each department head shall be responsible to the City Manager, shall exercise administrative authority within his department, by directing and supervising employees, promulgating written directives concerning the administration of City ordinances or administrative regulations and shall devote his full time to the duties of his office, except as provided by the Charter.
(Code 1962, § 2-13)
Sec. 2-14. Department heads– Preservation of records; mutual aid between departments.
Each department head shall be responsible for preserving public records and data relative to the business of his department and he shall, subject to the City Manager's directives, furnish other departments such service, labor and materials as may be requisitioned through the same procedure and subject to the same controls and audit as other expenditures incurred.
(Code 1962, § 2-14)
Sec. 2-15. Department heads– Reports.
Each department head shall report the activities of his department in writing to the City Manager within ten days after the end of each month and shall submit an annual report within thirty days after the end of each fiscal year.
(Code 1962, § 2-15)
Sec. 2-16. Department heads– Budget estimates; additional duties.
Each department head shall prepare and submit annual budget estimates showing proposed expenditures and revenues for the ensuing fiscal year. The estimates shall be detailed by organizational units, character and object of expenditure, character and source of revenue and shall be submitted through the Management and Budget Director to the City Manager prior to May 15 of each year. Each department head shall perform such additional duties relating to the conduct of City affairs as may be assigned to him by the City Manager.
(Code 1962, § 2-16; Ord. No. G-1314, § 1; Ord. No. G-2542, § 1)
Sec. 2-17. Assistant department and division heads.
Each assistant department and division head shall be responsible to his department head and shall exercise administrative authority, make reports, prepare budget estimates, provide services, direct and supervise employees, maintain necessary records and perform such additional duties relating to the conduct of City affairs as may be assigned to him by his department head.
(Code 1962, § 2-17; Ord. No. G-2542, § 1)
Sec. 2-18. City Clerk Department.
(a) There shall be a City Clerk Department headed by a City Clerk Director who shall serve as Clerk to the City Council, keep the corporate seal, attest signatures, file and record Council actions, notify the appointing authority of any board or commission thirty days prior to the expiration of the term of office thereof, maintain election records, supervise the records management program, provide City-wide microfilming, printing, typesetting, word processing, mail and forms control services, administer all regulatory licenses under her jurisdiction and perform such other duties as may be prescribed by the City Manager. There shall be a Chief Deputy City Clerk who shall be an administrative officer and who shall have the powers and may perform the duties prescribed by law for the City Clerk Director, subject to the City Clerk Director.
(b) The City Clerk Department shall be organized into the following divisions and the head of each division shall be responsible to the City Clerk Director:
(1) Administrative Services Division;
(2) Elections Division;
(3) Records Management Division; and
(4) Office Systems Division.
(Code 1962, § 2-18; Ord. No. G-757, 1; Ord. No. G-946, § 1; Ord. No. G-1314, § 1; Ord. No. G-1664, § 3; Ord. No. G-1798, § 1; Ord. No. G-1968, § 1; Ord. No. G-2492, § 1; Ord. No. G-2542, § 1; Ord. No. G-2675, § 1; Ord. No. G-2908, § 1; Ord. No. G-3683, § 1)
Sec. 2-19. Finance Department.
(a) There shall be a Finance Department, headed by a Finance Director. He shall be responsible for all administrative affairs under his jurisdiction, such as accounting, purchasing, warehousing, privilege and use tax licensing, collecting revenues, administering sales tax, reviewing ordinances and resolutions related to expenditures, revenues, tax levies and other fiscal problems, and real estate activities. He shall provide centralized direction and coordination of financial support and related services. There shall be an Assistant Finance Director who shall be an administrative officer who shall have the powers and may perform the duties prescribed by law for the Finance Director, subject to the Finance Director.
(b) The Finance Department shall be organized into the following divisions and the head of each division shall be responsible to the Finance Director:
(1) Accounts Division;
(2) Treasury Division;
(3) Tax Auditing Division;
(4) Risk Management Division;
(5) Materials Management Division; and
(6) Real Estate Division.
(Code 1962, § 2-19; Ord. No. G-979, § 2; Ord. No. G-1664, § 3; Ord. No. G-1817, § 1; Ord. No. G-1928, § 1; Ord. No. G-2542, § 1; Ord. No. G-2908, § 1; Ord. No. G-3683, § 2)
Charter references: Finance and taxation, ch. XVIII.
Cross references: Finance, ch. 13; risk management, ch. 42.
Sec. 2-19.1. Bonds, sureties and guarantees required by the Materials Management Administrator.
(a) The Materials Management Administrator is hereby authorized to require bid or performance or supply bonds or other sureties and guarantees of bidders submitting sealed bids in nonpublic works contracts as follows:
1. On all bids received from firms outside the State which exceed the amount of five thousand dollars.
2. On all other bids if in the discretion of the Materials Management Administrator the supply of the merchandise is critical or if it otherwise seems necessary to protect the City's interest.
(b) When such bonds or other sureties and guarantees are required, the Materials Management Administrator is hereby authorized to determine the amount of the bond or the form of the other sureties or guarantees.
(c) In lieu of the bonds provided for in this section, the bidders or contractors may deposit with the Materials Management Administrator cash, a certified check, a cashier's check or other acceptable security.
(d) The bond or deposit provided for in this section shall be forfeited to the City in the event the successful bidder or contractor shall fail or refuse to execute the contract or comply with the terms of the contract.
(Ord. No. G-1664, § 3; Ord. No. G-1817, § 1; Ord. No. G-1928, § 1; Ord. No. G-1984, § 1; Ord. No. G-2542, § 1)
Cross references: Prequalification of contractors, ch. 31A.
Sec. 2-20. Budget and Research Department.
(a) There shall be a Budget and Research Department, headed by a Budget and Research Director. He shall be responsible for all administrative affairs under his jurisdiction such as financial planning, budgeting, administrative research, office facility planning, revenue forecasting, capital improvement programming, and program evaluation.
(b) The Budget and Research Department shall be organized into the following divisions and each division shall be responsible to the Budget and Research Director:
(1) Program Analysis Division; and
(2) Budget Analysis Division.
(Ord. No. G-1664, § 3; Ord. No. G-1928, § 1; Ord. No. G-2542, § 1; Ord. No. G-2908, § 1; Ord. No. G-3356, § 1)
Cross references: Finance, ch. 13.
Sec. 2-21. City Auditor Department; powers and duties.
A. There shall be a City Auditor Department headed by the City Auditor, who shall be responsible to the City Manager. There shall be an Assistant City Auditor who shall be an administrative officer and who shall have the powers and may perform the duties prescribed by law for the City Auditor, subject to the City Auditor. In the event the City Auditor is separated from employment, the City Manager shall report this fact and the reasons for the separation to the Council, both in writing and at a Council meeting.
B. The City Auditor shall:
1. Conduct financial, internal control, contract compliance, process improvement, information systems, and performance management audits of City departments, offices, and programs and report findings and recommendations based upon the audits to the directors of affected departments, the City Manager, and the Council.
2. Conduct rate and fee studies for services provided by departments.
3. Provide monthly reports to the council on revenues and expenditures.
4. Send notice of all completed audits to the Council, provide copies of all completed audit reports to the Council's and the Mayor's Chief of Staff and provide Council Members with completed audit reports upon request.
5. Report annually to the Audit Committee the results of the department's audit work.
(Ord. No. G-1664, § 3; Ord. No. G-1928, § 1; Ord. No. G-2542, § 1; Ord. No. G-2908, § 1; Ord. No. G-4531, § 1, passed 7-2-2003, eff. 8-1-2003)
Charter references: City auditor, ch. VII.
Cross references: Finance, ch. 13.
Sec. 2-21.01 Audit Committee.
A. The Audit Committee is established consisting of the following nine members:
1. Three Council Members appointed by the Mayor.
2. Three public members engaged in the field of public or private finances and audits appointed by the Mayor.
3. The City Manager.
4. The Finance Director.
5. The Budget and Research Director.
B. The term of office of the Council Members and the public members is two years to begin on July 1. Council Member and public member vacancies that occur other than by expiration of a term shall be filled for the balance of the term in the same manner as for initial appointment.
C. The City Manager shall serve as the Chairman of the Audit Committee. During the absence of the City Manager, the Audit Committee shall elect a presiding officer for all meetings.
D. A majority of the members of the Audit Committee shall constitute a quorum and action may be taken upon the vote of the majority of the quorum present and voting on the issue.
E. The City Auditor shall not be a member of the Audit Committee; however, the City Auditor or the City Auditor's designee shall serve as Secretary for the Audit Committee, and prepare agendas, minutes, and reports as directed by the Audit Committee.
(Ord. No. G-4531, § 2, passed 7-2-2003, eff. 8-1-2003; Ord. No. G-4865, § 1, adopted 2-7-2007, eff. 3-9-2007)
Editor's note: Section 2 of Ord. No. G-4865 states that notwithstanding the provisions of Phoenix City Code section 2-21.01, subsection B, the initial term of office of the two public members added to the Audit Committee by Section 1 of Ord. No. G-4865 shall begin on the effective date of this Ordinance [March 9, 2007, and end on June 30, 2008. Thereafter, the term of office of the two public members added to the Audit Committee by this Ordinance is two years to begin on July 1 and end on June 30 as provided by Phoenix City Code section 2-21.01, subsection B.
Sec. 2-21.02 Powers and duties of Audit Committee.
A. The Audit Committee shall:
1. Oversee and provide policy guidance to the City Auditor Department.
2. Execute a contract with one or more certified public accountants who are not employees of the City to conduct independent audits of the City's comprehensive annual financial report and the federal single audit and review the results of the independent audits.
3. Advise the Council regarding the status of contracts to conduct independent audits.
4. Review and approve the City Auditor Department's annual audit plan.
5. Recommend audits of departments, offices and programs to the Council.
(Ord. No. G-4531, § 2, passed 7-2-2003, eff. 8-1-2003)
Sec. 2-21.03 Interference with City Auditor prohibited.
A department, office or program subject to an audit by the City Auditor pursuant to Section 2-21B(1), and its employees, are prohibited from:
1. Interfering with the initiation, scope, timing or completion of the audit, the reporting on the audit, including the findings, conclusions, and recommendations, and the manner, means or timing of the City Auditor's reports.
2. Interfering with the City Auditor's right to access, inspect and make copies of records and documents, including records and documents maintained electronically, that relate to the department, office or program being audited.
(Ord. No. G-4531, § 2, passed 7-2-2003, eff. 8-1-2003)
Sec. 2-22. Information Technology Department.
A. There shall be an Information Technology Department, headed by an Information Technology Director. He shall be responsible for providing an integrated municipal information system and computer services, instituting systems conversion, improvement and development projects, undertaking systems cost analysis, providing City-wide coordination for computing and data communication resources, data administration, technical standards and guidelines definition, information systems and telecommunications architecture management, change management, and emerging technologies research, and providing reports now or hereafter required. There shall be two Assistant Information Technology Directors who shall be administrative officers who shall have the powers and may perform the duties prescribed by law for the Information Technology Director, subject to the direction of the Information Technology Director.
B. The Information Technology Department shall be organized into the following divisions, and the head of each division shall be responsible to the Information Technology Director:
1. Planning and Data Administration;
2. Systems Development;
3. Telecommunications;
4. Production Services; and
5. Geographic Information Systems.
(Ord. No. G-3798, §§ 2, 3)
Sec. 2-23. City Attorney and Law Department.
A. There shall be a Law Department headed by the City Attorney which shall consist of a Civil Division and a Criminal Division and such other divisions, sections, bureaus and units as designated by the City Attorney. The head of each division and all other attorneys employed by the City Attorney or the Department will at all times be responsible to the City Attorney.
B. No City department, officer or employee, other than the City Council, shall employ legal counsel or make an expenditure or incur an indebtedness for legal services except with the written consent and approval of the City Attorney and the City Manager.
C. The duties of the City Attorney shall be as provided by the Charter and ordinances of the City of Phoenix and he may assume such other duties and responsibilities on behalf of the City of Phoenix as are delegated to municipalities by the Legislature or the people of the State of Arizona.
D. The City Attorney, or one of his assistants, shall attend all meetings of the Council unless excused and shall upon request give an opinion on questions of law, either written or oral.
E. There shall be a Chief Assistant City Attorney who shall assist the City Attorney in discharging his duties and who shall be responsible for the administration and supervision of the Department and he shall act for the City Attorney in his absence.
F. The Civil Division shall be headed by a Chief Counsel who shall be responsible for the administration and supervision of the Division. The attorneys assigned to the Civil Division shall be responsible for providing legal counsel and advice to the City Council, City Manager and other officials and department heads, and they shall draft deeds, conveyances, contracts, ordinances and other legal instruments, and shall keep informed of proposed State and federal legislation affecting the City government, and shall prosecute, defend, and provide legal representation in all civil suits, causes and actions where the City or any officer or employee acting in his official capacity and within the scope of his employment is a party or may become interested. The City Attorney with the consent of the City Manager or Council may employ outside counsel when, in their discretion, the best interests of the City so require.
G. The Criminal Division shall be headed by the City Prosecutor who shall be responsible for the administration and supervision of the Division. The attorneys assigned to the Criminal Division shall be responsible for prosecuting, in the name of the City of Phoenix or the State of Arizona, all violations of the City Charter or ordinances, and statutes of the State of Arizona which are within the original or concurrent jurisdiction of the Phoenix City Court.
H. Other divisions, and any sections, bureaus and units of any division of the Department as designated by the City Attorney shall have such responsibilities as determined by the City Attorney.
I. The City Manager shall appoint the City Attorney and such assistant attorneys to assist the City Attorney as are necessary to carry out the responsibilities of the Law Department.
(Ord. No. G-1664, § 3; Ord. No. G-1798, § 3; Ord. No. G-2908, § 1)
Sec. 2-24. Personnel Department.
(a) There shall be a Personnel Department headed by a Personnel Director, subject to the rules and regulations of the Civil Service Board and approved by the City Council. There shall be an Assistant Personnel Director who shall be an administrative officer and who shall have the powers and may perform the duties prescribed by law for the Personnel Director, subject to the Personnel Director.
(b) The Personnel Department shall be organized into the following divisions, and the head of each division shall be responsible to the Personnel Director:
(1) Classification and Compensation Division;
(2) Employment Services Division;
(3) Safety Division;
(4) Employee Development Division; and
(5) Labor Relations Division.
(Ord. No. G-1664, § 3; Ord. No. G-1753, § 1; Ord. No. G-1862, § 1; Ord. No. G-1928, § 1; Ord. No. G-2542, § 1; Ord. No. G-2908, § 1)
Cross references: Personnel Committee, § 2-155 et seq.; employer-employee relations, § 2-209 et seq.
Sec. 2-25. Planning Department.
(a) There shall be a Planning Department, headed by a Planning Director. He shall serve as secretary to the City Planning Commission and shall prepare reports and plans for the development of the City relating to growth, subdivisions, zoning, capital improvements, annexation and other related problems. He shall coordinate the plan of the City departments for longterm improvement projects. There shall be two Assistant Planning Directors who are administrative officers, who head the divisions of the Department and who shall have the powers and may perform the duties prescribed by law for the Planning Director, subject to the Planning Director.
(b) The Planning Department shall be organized into the following divisions, and the head of each division shall be responsible to the Planning Director:
(1) Planning and Zoning Planning;
(2) Administration Division.
(Ord. No. G-1664, § 3; Ord. No. G-1876, § 1; Ord. No. G-1928, § 1; Ord. No. G-2542, § 1; Ord. No. G-3150, § 1; Ord. No. G-3635, § 1)
Cross references: Planning Commission, § 2-161 et seq.; subdivisions, ch. 32; zoning, ch. 41.
Sec. 2-26. Public Works Director.
(a) There shall be a Public Works Department headed by a Public Works Director. He shall provide centralized direction of and be responsible for the maintenance and operation of the physical properties of the City now or hereafter placed under his jurisdiction; for the collection of refuse from dwelling units as described in chapter 27 of the City Code; for the sanitary disposal or processing of all solid waste; and for special cleaning now or hereafter placed under his jurisdiction. He shall be responsible for the performance and coordination of building maintenance, communications, electrical maintenance, and equipment management for the development, operation and improvement of service centers, for conducting sanitation inspections, for enforcing sanitation regulations pertaining to solid waste, and for the administration of all contracts involving the Public Works Department.
(b) Subject to the direction and control of the Public Works Director, there shall be three Deputy Public Works Directors, who shall be responsible for:
1. Solid waste management.
2. Support services.
3. General services and such additional duties as may be delegated to them by the Public Works Director.
(Ord. No. G-1664, § 3; Ord. No. G-1928, § 1; Ord. No. G-2049, § 1; Ord. No. G-2542, § 1; Ord. No. G-2908, § 1; Ord. No. G-2936, § 1)
Cross references: Solid waste, ch. 27.
Sec. 2-27. Engineering and Architectural Services Department.
(a) There shall be an Engineering and Architectural Services Department directed by the City Engineer. The City Engineer shall be responsible for the design and construction of capital projects outside of the public right-of-way in the City of Phoenix, planning, directing, and coordinating activities relating to area drainage master studies and plans, stormwater management, and floodplain management; establishing design and construction standards, [and] issuance of permits to utility companies. There shall be an Assistant City Engineer who shall have the powers and perform the duties described by law for the City Engineer in the absence of the City Engineer.
(b) The Engineering and Architectural Services Department shall be organized in the following divisions, the heads of which will be responsible to the City Engineer:
(1) Administrative Services Division;
(2) Technical Services Division;
(3) Project Management Division.
(Ord. No. G-1664, § 3; Ord. No. G-1849, § 2; Ord. No. G-1928, § 1; Ord. No. G-2046, § 1; Ord. No. G-2542, § 1; Ord. No. G-2908, § 1; Ord. No. G-2961, § 1; Ord. No. G-3313, § 1)
Cross references: Grading and drainage, ch. 32A; floodplains, ch. 32B; stormwater quality protection, ch. 32C.
Sec. 2-28. Street Transportation Department.
(a) There shall be a Street Transportation Department, headed by the City Street Transportation Director. He shall be responsible for planning, directing and coordinating activities related to streets, storm drains and improvement districts; land measurement control; policies and procedures for work in the public right-of-way; control and inspection of work in the public right-of-way; street and storm drain capital improvement planning; street maintenance; storm drain system maintenance; traffic safety coordination; traffic engineering safety, planning, design of traffic control systems, and street geometric design; operation, construction and maintenance of City traffic control devices and street lighting systems and assistance in transportation planning. There shall be an Assistant Street Transportation Director for Right-of-Way and Design Planning and Safety; [and] an Assistant Director for Street Maintenance and Traffic Operations both of whom shall have the powers and may perform the duties prescribed by law for the Street Transportation Director in the absence of the Street Transportation Director.
(b) The Street Transportation Director will serve as the City Traffic Engineer and the Superintendent of Streets.
(c) The Street Transportation Department shall be organized into the following divisions and the head of each division shall be responsible to the Street Transportation Director:
(1) Administrative Services Division;
(2) Design, Planning and Safety Division;
(3) Traffic Operations Division;
(4) Street Maintenance Division; and
(5) Design and Construction Management Division.
(Ord. No. G-1664, § 3; Ord. No. G-1928, § 1; Ord. No. G-2542, § 1; Ord. No. G-2761, §§ 1, 2; Ord. No. G-3223, § 1; Ord. No. G-3313, § 1)
Cross references: Streets and sidewalks, ch. 31; vehicles and traffic, ch. 36.
Sec. 2-29. Water Services Department.
(a) There shall be a Water Services Department, headed by a Water Services Director. He shall have responsibility for and shall exercise supervisory direction over the water utility and sewerage operations. He shall be responsible for those activities relating to design and construction, management, maintenance and operation of the physical properties of the City now or hereafter under his jurisdiction. There shall be an Assistant Water Services Director for Operations, an Assistant Water Services Director for Administration, [and] an Assistant Water Services Director for Technical Services all of whom shall be administrative officers and who shall have the powers and may perform the duties prescribed by law for the Water Services Director, subject to the Water Services Director.
(b) The Water Services Department shall be organized into the following divisions, and the head of each division shall be responsible to the Water Services Director:
(1) Customer Services Division;
(2) Planning and Engineering Division;
(3) Water Production Division;
(4) Water Distribution Division;
(5) Wastewater Treatment Division;
(6) Wastewater Collection Division;
(7) Management Services Division;
(8) Water Conservation Division.
(Ord. No. G-1664, § 3; Ord. No. G-1834, § 1; Ord. No. G-1928, § 1; Ord. No. G-2542, § 1; Ord. No. G-3534, § 1)
Cross references: Sewers, ch. 28; water, ch. 37.
Sec. 2-30. Parks, and Recreation Department.
A. There shall be a Parks and Recreation Department, headed by a Parks and Recreation Director. The Parks and Recreation Director shall be responsible for directing and supervising the activities of the department, developing recreational facilities and programs, maintaining grounds and equipment, formulating rules and regulations governing the use of park and recreational facilities, and acting as staff advisor to the Parks and Recreation Board and the City Manager. There shall be two Assistant Parks and Recreation Directors who shall be administrative officers and who shall have the powers and perform the duties prescribed by law for the Parks and Recreation Director, subject to the Parks and Recreation Director.
B. The Parks and Recreation Department shall be organized into the following districts and divisions and the head of each district or division shall be responsible to the Parks and Recreation Director or an Assistant Parks and Recreation Director:
(1) Northeast District;
(2) Northwest District;
(3) Central District;
(4) South District;
(5) Special Operations Division;
(6) Natural Resources Division; and,
(7) Golf Division; and,
(8) At Risk Youth Division.
(Ord. No. G-1664, § 3; Ord. No. G-2542, § 1; Ord. No. G-4419, § 1, passed 4-3-2002, eff. 5-3-2002)
Charter references: Parks and Recreation Board, ch. XXIII.
Cross references: Parks and recreation, ch. 24; public library, ch. 26.
Sec. 2-30.1. Park rangers.
The City Manager shall appoint park rangers who shall be authorized to issue citations and notices of violation for violations of the City Code or of any ordinance of the City occurring in any City of Phoenix park or mountain preserve area.
(Ord. No. G-3085, § 1)
Cross references: Parks and recreation, ch. 24.
Sec. 2-30.2. Library Department.
A. There shall be a Library Department, headed by a Library Director. The Library Director shall be responsible for directing, supervising, administering and planning the activities of the department; acting as staff advisor to the Library Board to assist it in the performance of its duties and to the City Manager; recommend such changes in the composition and operation of the library system as is deemed proper for the protection, maintenance and further development of the library system. The Director and any Assistant Library Directors created hereafter shall be administrative officers and shall have the powers and may perform the duties prescribed by law for the Library Director, subject to the Library Director. The department shall employ such persons as are necessary for the operation of the department.
B. The Library Department shall be organized into divisions and the head of each division shall be responsible to the Library Director or to an Assistant Library Director as designated by the Director.
(Ord. No. G-4419, § 3, passed 4-3-2002, eff. 5-3-2002)
Sec. 2-31. Aviation Department.
A. There shall be an Aviation Department headed by an Aviation Director. The Aviation Director shall have responsibility for and shall exercise supervisory direction over the airport facilities, maintenance and operation. The Aviation Director shall be responsible for those activities relating to design and construction, management, leasing, expansion, maintenance and operation of the physical properties placed under the jurisdiction of the Aviation Department. There shall also be Assistant Aviation Directors, appointed with City Manager approval, who shall be administrative officers and who shall have the powers and may perform the duties prescribed by law for the Aviation Director, subject to the supervision of the Aviation Director.
B. The Aviation Department shall be organized in divisions each headed by a Deputy Aviation Director. The Deputy Aviation Directors shall report to the Aviation Director or Assistant Aviation Directors as prescribed by the Aviation Director.
(Ord. No. G-1664, § 3; Ord. No. G-2542, § 1; Ord. No. G-3313, § 1; Ord. No. G-3701, §§ 1, 2; Ord. No. G-4614, § 1, adopted 6-9-2004, eff. 7-9-2004; Ord. No. G-4822, § 1, adopted 9-6-2006, eff. 10-6-2006)
Cross references: Aviation, ch. 4.
Sec. 2-32. Housing Department.
(a) There shall be a Housing Department headed by a Housing Director who shall be accountable to the City Manager. The Director shall be responsible for directing and supervising the activities of the Department. The Department shall employ such persons as necessary for the operation of the Department. There shall be one Assistant Housing Department Director, who shall be an administrative officer and who shall have powers and may perform the duties prescribed by law for the Housing Director subject to the Housing Director.
(b) The Housing Department shall be organized into the following divisions, and the head of each division shall be responsible to the Housing Director:
(1) Conventional Housing Division;
(2) Section 8 Housing Division;
(3) Housing Development and Modernization Division;
(4) Senior and Dispersed Housing Division; and
(5) Management Services Division.
(Ord. No. G-1664, § 3; Ord. No. G-1928, § 1; Ord. No. G-2271, § 1; Ord. No. G-2542, § 1; Ord. No. G-2834, § 2; Ord. No. G-2999, § 1; Ord. No. G-3022, § 1; Ord. No. G-3587, § 1)
Sec. 2-32.01. Criminal history record information[– Release to Housing Department].
Upon request of the Neighborhood Improvement and Housing Director or his or her designees, the Police Department shall release criminal history record information, including non-conviction data, to the Neighborhood Improvement and Housing Department for the purpose of determining whether to deny or terminate assistance to an applicant or participant in public or assisted housing.
(Ord. No. G-3387, § 1)
Sec. 2-33. Community and Economic Development Department.
There shall be a Community and Economic Development Department, headed by a Community and Economic Development Director who shall be accountable to the City Manager. The Director shall be responsible for directing and supervising the activities of the Department. Activities of the Department shall include, but are not limited to: community development; business development and workforce development; Central City Development; small business development; and, redevelopment. There shall be an Assistant Community and Economic Development Director who shall be an administrative officer and who shall have the powers and may perform the duties prescribed by law for the Community and Economic Development Director, subject to the Community and Economic Development Director. The Department shall employ such persons as are necessary for the operation of the Department.
(Ord. No. G-1664, § 3; Ord. No. G-3159, § 1; Ord. No. G-4419, § 2, passed 4-3-2002, eff. 5-3-2002)
Cross references: Civic plaza, ch. 10A; urban renewal, ch. 35; neighborhood preservation, ch. 39.
Sec. 2-33.01. Phoenix Convention Center Department.
There shall be a Phoenix Convention Center Department, headed by a Director who shall be accountable to the City Manager. The Director shall be responsible for directing and supervising the activities of the Department. Activities of the Department shall encompass the operation and maintenance of the Phoenix Convention Center, the theaters, the parking facilities and such other related functions and responsibilities as may be designated by the City Manager. The Director and any Assistant Directors created hereafter shall be administrative officers and shall have the powers and may perform the duties prescribed by law for the Director, subject to the Director. The Department shall employ such persons as are necessary for the operation of the Department.
(Ord. No. G-4419, § 4, passed 4-3-2002, eff. 5-3-2002; Ord. No. G-4872, § 1, adopted 3-7-2007, eff. 4-6-2007)
Sec. 2-34. Human Services Department.
(a) There shall be a Human Services Department, headed by a Human Services Director who shall be accountable to the City Manager. The Director shall be responsible for directing and supervising the activities of the department.
(b) The Human Services Department shall be organized into divisions, and the head of each division shall be responsible to the Human Services Director.
(Ord. No. G-3394, § 1; Ord. No. G-3405, § 1; Ord. No. G-4441, § 1, passed 6-12-2002, eff. 7-12-2002)
Sec. 2-34.01. Equal Opportunity Department.
There shall be an Equal Opportunity Department headed by an Equal Opportunity Director. The Equal Opportunity Director shall be responsible for the management of City staff responsible for the administration of the City's ordinances on fair employment, housing and public accommodation, suppliers and vendors and affirmative action. The Director shall also be responsible for directing all phases of the City's equal opportunity and affirmative action programs.
(Ord. No. G-2792, § 2)
Cross references: Human relations, ch. 18.
Sec. 2-34.02. Neighborhood Services Department.
(a) There shall be a Neighborhood Services Department, headed by a Neighborhood Services Director who shall be accountable to the City Manager. The Director shall be responsible for directing and supervising the activities of the Department.
(b) The Neighborhood Services Department shall be organized into divisions, and the head of each division shall be responsible to the Neighborhood Services Director.
(c) There is hereby created in the Neighborhood Services Department the position of Deputy Zoning Administrator. The Deputy Zoning Administrator shall enforce the provisions of the City of Phoenix Zoning Ordinance under the direction of the Zoning Administrator.
(Ord. No. G-3587, § 1)
Cross references: Neighborhood preservation, ch. 39; zoning, ch. 41.
Sec. 2-35. Development Services Department.
(a) There shall be a Development Services Department, headed by a Development Services Director. He shall be responsible for directing and supervising the activities related to the Development Services Department.
(b) The Development Services Director will serve as head of the Development Services Department.
(c) The Development Services Department shall be organized into the following divisions and the head of each division shall be responsible to the Development Services Director.
(1) Building Safety Division;
(2) Administrative Services Division; and
(3) Site Development Division.
(Ord. No. G-1664, § 3; Ord. No. G-1877, § 1; Ord. No. G-1928, 1; Ord. No. G-1951, § 1; Ord. No. G-2039, § 1; Ord. No. G-2542, § 1; Ord. No. G-3005, § 2)
Cross references: Development Advisory Board, § 2-164 et seq.; building regulations, ch. 9.
Sec. 2-36. Fire Department.
(a) There shall be a Fire Department, headed by a Fire Chief. He shall be responsible for the direction of all firefighting, fire prevention, fire service and emergency medical activities of the City and be responsible for planning and developing programs to protect the life and property in the City from emergency incidents. He shall be responsible for establishing Department policies and rules necessary for the operation of the Department and shall assign personnel and maintain a training program. There shall be an Assistant Fire Chief who shall be an administrative officer and who shall have the powers and may perform the duties prescribed by law for the Fire Chief, subject to the Fire Chief.
(b) The Fire Department shall be organized into the following divisions and the head of each division shall be responsible to the Fire Chief:
(1) Personnel and Operations Division;
(2) Fire Prevention Division;
(3) Training/Development and Safety Division;
(4) Support Services Division;
(5) Administrative Services Division;
(6) Emergency Services Division; and
(7) Research and Planning Division.
(Ord. No. G-1664, § 3; Ord. No. G-2542, § 1; Ord. No. G-2908, § 1)
Cross references: Fire prevention, ch. 15.
Sec. 2-37. Police Department.
(a) (1) There shall be a Police Department, headed by a Police Chief. He shall be responsible for the enforcement of State laws and City ordinances, protection of life and property, preservation of law and order, investigation of crimes, and suppression of vice and shall direct the proper assignment of police officers, establish training programs, maintain records, provide traffic control enforcement, cooperate with other law enforcement agencies, establish rules and departmental policies and be responsible for the custody of City prisoners. There shall be Assistant Police Chief as approved by the City Council. An Assistant Police Chief shall be designated as executive officer and shall act for the Police Chief in his absence and exercise supervision of the other division heads. Each Assistant Police Chief shall be an administrative officer and shall have the powers and may perform the duties prescribed by law for the Police Chief, subject to the Police Chief or his designee as provided herein.
(2) The Police Chief shall make quarterly reports in writing of all the proceedings had and taken by him and by the police of the City for the preceding quarter, to the Council. He shall at all times be subject to the supervision and control of the City Manager and he shall do and perform such other and further duties as may be required of him by the Constitution and laws of the State, the Charter, the City Council, and also such additional duties as may be from time to time required of him by the City Manager.
(b) The Police Department shall be organized into the following divisions. Each division shall be headed by a police captain assigned as an Assistant Police Chief. Each division shall have a variable number of bureaus assigned to it at the discretion of the Police Chief.
(1) Management Services Division;
(2) Technical Services Division;
(3) Field Operations Division;
(4) Special Operations Division; and
(5) Investigations Division.
(Ord. No. G-1664, § 3; Ord. No. G-1775, § 1; Ord. No. G-1928, § 1; Ord. No. G-1969, § 1; Ord. No. G-2183, § 1; Ord. No. G-2542, § 1; Ord. No. G-2908, § 1)
Sec. 2-38. Oath of office.
The oath of office to be administered to all officers of the City shall be as required by A.R.S. §§ 38-231– 38-234.
(Code 1962, § 2-33)
Charter references: Oaths of office, ch. IX.
Sec. 2-39. Office hours.
(a) Except on holidays and except as hours may be varied by administrative order as herein provided for, the City Manager and all department and division heads shall keep their offices open for the transaction of business from 8:00 a.m. until 5:00 p.m. each day from Monday through Friday.
(b) The City Manager may by administrative order require any of the offices of the City to be open at a different or for an additional time than provided herein.
(c) Nothing herein shall be construed to affect the hour and pay schedules of employees.
(Code 1962, § 2-34)
Sec. 2-40. Vacancies on boards and commissions.
(a) The provisions of this section shall apply to all City boards, commissions and committees.
(b) When an appointive member of any board, commission or committee fails to attend three consecutive regular meetings of such board, commission or committee, or fails to attend fifty percent or more of the regular meetings held by such board, commission or committee during the period of any calendar year, the City Council may declare such member's seat vacant and his term expired.
(c) The City Council shall fill such vacancies as soon as may be expedient to do so by the appointment of a new member to a full term.
(Code 1962, § 2-35; Ord. No. G-1166, § 1; Ord. No. G-1459, § 1; Ord. No. G-1574, § 1; Ord. No. G-1812, § 1; Ord. No. G-2529, § 1; Ord. No. G-2542, § 1)
Sec. 2-41. Fiscal year.
The fiscal year of the City shall commence on July 1 of each year, and shall end on June 30 of each year thereafter.
(Code 1962, § 2-36)
Cross references: Finance, ch. 13.
Sec. 2-42. Preparation of annual budget.
(a) On or before the third Tuesday in June of each year, the City Manager shall prepare, or cause to be prepared, a careful estimate, in writing, of the amounts of money, specifying in detail the objects thereof, required for the business and conduct of the affairs of the City during the next ensuing fiscal year, stating in detail the amount required to meet all expenditures necessary for City purposes including interest and sinking funds for outstanding indebtedness, if there is any. He shall also prepare or cause to be prepared an estimate of the amount of income expected from all sources from every department and the probable amount required to be raised by taxation to cover such expenditures, interest and sinking funds.
(b) The Council shall meet at its usual place of holding meetings on or before June 30 of each year and make a budget of the estimated amounts required to pay the expenses of and to conduct the City government for the ensuing fiscal year. The budget shall be prepared so as to show the aggregate sum and in detail the items thereof allowed to each department, office and subdivision of the City government. The budget shall also contain an estimate of the receipts for the previous year and an estimate of the receipts for the ensuing year from sources other than direct property taxation and the amount proposed to be raised by taxation upon the real and personal property within the City. The budget shall be published in the official newspaper of the City for at least two publications and the Council shall meet at its usual place not later than the third Tuesday in July, when and where any taxpayer who may appear shall be heard in favor of or against any proposed tax levies, and upon such hearing the Council may modify or amend any items of expenditures in the proposed budget, and after the conclusion of such hearing the Council shall adopt the proposed budget as finally corrected, as the City budget for the ensuing year.
(Code 1962, § 2-37; Ord. No. G-1188, § 1)
Charter references: City Manager to prepare annual estimate, ch. XVIII, § 3; Council to prepare annual budget, ch. XVIII, § 5.
Cross references: Finance, ch. 13.
Sec. 2-43. Annual tax levy.
The Council shall finally adopt, not later than the fourth Tuesday in July, an ordinance levying upon the assessed valuation of all the property within the City subject to taxation, a rate of taxation upon every one hundred dollars of valuation sufficient to raise the amount estimated in the budget for the fiscal year required to be raised by taxation. The levy shall be the annual tax levy for the year commencing with the first Monday in January preceding the adoption of such ordinance. Except as otherwise provided, the rules, practices and procedure which now are, or hereafter may be, provided by State law for the levy, assessment and collection of State and County taxes, shall govern and control the corresponding City officials in the levy, assessment and collection of City taxes of the City so far as the same are, or may be, applicable and not in conflict with the City Charter or any ordinance of the City.
(Code 1962, § 2-38; Ord. No. G-1188, § 2)
Charter references: Annual tax levy, ch. XVIII, § 7.
State law references: Property taxation, A.R.S. § 42-101 et seq.
Sec. 2-44. County officers to assess and collect all real and personal property taxes.
(a) So long as this section shall remain in effect the City shall avail itself of the benefits and privileges of having the proper and lawful County officers of Maricopa County, wherein the City is situated, assess, collect and remit to the City all real and personal property taxes hereafter to be levied by the City on real and personal property on the assessment rolls of the County and located in the corporate limits of the City as they now are, or may hereafter be extended, all as provided in A.R.S. § 42-481 et seq. [A.R.S. tit. 42, ch. 17, art. 6 (A.R.S. § 42-1725 et seq.)].
(b) No duties of the Collector of the City, other than those directly affected by this section because of the transfer herein made, shall be in any way changed.
(c) All other ordinances and Charter provisions concerning the assessment, levy and collection of taxes shall be subject to the provisions of this section so long as it shall remain in effect.
(Code 1962, § 2-39)
Charter references: Use of County services, ch. XVIII, § 2.
Sec. 2-45. Fees, charges and prices for special services and materials.
A. Except as otherwise provided by the Charter and Code of the City of Phoenix, the City Manager is authorized and directed to determine, establish and maintain current all fees, charges and prices of all documented information, printed materials and subscription services of revisions or amendments thereto; all copies including common office copiers, or reproductions of maps, sketches or other official City records; and all binders, covers, or other products related to the sale of those materials which are distributed to the public by the City through its departments.
B. In determining, establishing and amending the fees, charges or priors as authorized by this section, the City Manager shall be governed by the following standards:
1. Except as otherwise provided in this section, fees, charges and prices of such materials shall be set to recover applicable costs and shall be consistent with good business practices.
2. Initial fees, charges and prices for copies of a code, an ordinance or other official City publication may include a specified period of revisions thereto and shall be based upon the immediately preceding cost experience if any.
3. Overstocked or slow moving materials may be sold below printing and distribution costs when it will result in a net benefit to the City.
(c) No fee, charge or price authorized to be established or amended by the City Manager shall become effective unless and until the City Manager first files with the City Clerk Director a written instrument establishing or amending such fee, charge or price, signed by the City Manager. The City Clerk Director shall provide to members of the general public, upon request, copies of such written instruments filed by the City Manager.
(d) Additions, changes and deletions of fees, charges or prices for special services and materials to the fee schedule filed with the City Clerk Director will be established by the responsible department in accordance to the standards prescribed by this section. Fees shall be forwarded to the City Clerk Director for incorporation into the fee schedule with an information copy to the City Auditor. Periodically, the City Auditor shall perform reviews to ascertain conformance to these requirements and standards.
(Ord. No. G-947, § 1; Ord. No. G-1409, § 1; Ord. No. G-1743, §§ 1, 2; Ord. No. G-2009, § 1; Ord. No. G-2306, § 2; Ord. No. G-2542, § 1)
Sec. 2-45.1. Recovery of costs at events requiring response by police.
A. If a police officer responds to a party, gathering or event and while at the scene determines that there is a threat to the public peace, health, safety or general welfare, any person who is responsible for the party, gathering or event is liable for the reasonable costs of a response by the police to that incident.
B. The costs of a response by the police shall be a charge against any person who is responsible for the party, gathering or event under this section. The charge constitutes a debt of that person and is collectible by the City in the same manner as in the case of an obligation under a contract. Costs imposed under this section are due and payable upon the expiration of the period to request a hearing under Subsection E or upon notice of the hearing officer's decision if a hearing is requested. The liability imposed by this section is in addition to any liability otherwise imposed by the law.
C. In no event shall a person's liability under this section for the costs of a response by the police exceed one thousand dollars for each incident. The costs of a response shall be waived if any person who is responsible for the party, gathering or event initiates a request for a police response and assists the police in dispersing persons attending the party, gathering or event.
D. For purposes of this section, unless the context otherwise requires:
1. Reasonable costs includes the salaries of the responding police officers, at the salary then in effect for each classification of each individual officer, for the amount of time actually spent in responding to or remaining at the party, gathering or event; appropriate overhead; the actual cost of any medical treatment to injured officers; and the cost of repairing any damaged City equipment or property.
2. Party, gathering or event means a group of five or more persons who have assembled or are assembling in a manner, which constitutes a substantial disturbance of the quiet enjoyment of private or public property. This includes, but is not limited to, excessive noise or traffic, obstruction of public streets by crowds or vehicles, public drunkenness, the service of alcohol to underage persons, fights, disturbances of the peace and litter.
3. Person who is responsible for the party, gathering or event means any person in actual or lawful control or possession of the premises, and any person who organized the party, gathering, or event. If two or more persons are responsible for the party, gathering or event such persons shall be jointly and severally liable for the reasonable costs of a police response. If the person responsible for the party, gathering or event is a minor, the parents or guardian having custody or control of the minor shall be jointly and severally liable with such minor for the reasonable costs of a police response.
E. Hearing procedures.
1. A person liable for the costs of a police response under this section may, within ten days of receipt of notice of the costs imposed request a hearing with a hearing officer designated by the City Manager.
2. The Hearing Officer shall set a time and place for the hearing as soon as practicable.
3. The hearing shall be conducted in an informal process to determine whether there is a sufficient factual and legal basis to impose the costs of the police response and the reasonableness of the amount. The rules of evidence shall not apply, provided that the decision of the Hearing Officer shall in all cases be based upon substantial and reliable evidence. All parties to the hearing shall have the right to present evidence. The Police Department shall have the burden of establishing by a preponderance of evidence that the costs of the police response should be imposed and that the amount is reasonable under the circumstances.
4. The decision of the Hearing Officer is final. A failure of the person charged with the costs of a police response to timely request a hearing or the failure to appear at a scheduled hearing shall constitute a waiver of the right to a hearing or to challenge the validity or amount of the costs imposed.
(Ord. No. G-3730, § 1; Ord. No. G-4630, § 1, adopted 7-1-2004, eff. 7-31-2004; Ord. No. G-4689, § 1, adopted 4-6-2005, eff. 5-6-2005; Ord. No. G-4781, § 1, adopted 3-1-2006, eff. 6-30-2006)
Cross references: Alcoholic beverages, ch. 6; amusements, ch. 7; offenses against public peace, § 23-1 et seq.
Sec. 2-45.2. Cost recovery fee for issuance of dishonored checks; conditions of imposition; procedures; exceptions.
(a) There is hereby imposed upon any person presenting or issuing a check to the City of Phoenix or any division, department, section, office, branch, function or agency thereof, for any purpose in connection with (1) the payment of any obligation arising under any statute, ordinance, regulation or resolution, or (2) in payment for any goods or services provided or to be provided, or (3) in payment of any contractual undertaking of any kind, a fee of eighteen dollars per check if such check is dishonored by the drawee institution for or by reason of insufficient funds in or a closed or non-existent account at the drawee institution, in accordance with the following procedures.
(b) Said fee shall be due and payable when such check is returned to the City, and shall be billed forthwith where such check is presented (1) as payment for water or to the Water and Wastewater Department for services, or (2) in any case in which the drawee maintains no facility for payment of such check within the City limits, or (3) in any case in which the reason for dishonor is a closed or non-existent account.
(c) Said fee shall be due and payable in any other case immediately after the City Treasurer has presented to the drawee the returned check for payment or exchange for drawee's funds and payment or exchange has been refused.
(d) All such fees collected shall be paid to the City Treasurer for deposit and credit to such funds as the City Manager shall direct.
(e) The City Treasurer may waive any fee where (1) the check is paid prior to contact with the maker by the City in an effort to secure payment of the check, or (2) in a situation in which the maker's account was closed or the check dishonored for reasons beyond the maker's control.
(Ord. No. G-2175, § 1; Ord. No. G-2542, § 1; Ord. No. G-3246, § 1)
Cross references: Finance, ch. 13.
State law references: Service charge for dishonored check, A.R.S. § 44-6852.
Sec. 2-45.3. Installment agreements– Terms and conditions; limitations; authorizations.
(a) The Finance Director is authorized to enter into written agreements with any person (as defined in Phoenix City Code section 14-1) relative to the payment of any obligation owed to the City of Phoenix, by an agreement calling for payment in installments. Such agreement may contain provisions for:
(1) Interest on the installments in an amount not to exceed one and five-tenths percent per month upon the unpaid installment balance;
(2) A late payment penalty provision not to exceed five percent of the installment payment amount for each payment not made within thirty calendar days of the due date(s) set forth in the installment agreement;
(3) A provision for the personal guarantee or guarantees of appropriate corporate officers (as determined by the Finance Director) for corporate obligations. In the event of an agreement to be executed by a partnership or limited partnership, the Finance Director may determine the general and/or limited partners required to execute the agreement, and may require, if appropriate, and at his discretion, the personal guarantee of any partner;
(4) The execution and delivery of a promissory note or other appropriate security device necessary, in the opinion of the Finance Director, to secure the note or installment and/or installment agreement;
(5) Such other provisions as the Finance Director may deem necessary or advisable to protect the financial interests of the City.
(b) The provisions of this section shall not apply to the following obligations owed to the City:
(1) Fines, or terms or conditions of probation involving payment to the City, imposed by any court;
(2) Taxes governed by Phoenix City Charter, chapter IV, section 2(33).
(c) The Finance Director may, by appropriate management procedures approved by the City Manager, delegate to the City Treasurer authority to enter into installment agreements (together with guarantees, promissory notes or other security devices) for a principal amount of not to exceed five thousand dollars.
(d) No such agreement shall extend for more than forty-eight months beyond the date of execution thereof.
(e) No such agreement shall be entered into for a principal sum in excess of fifty thousand dollars unless approved by formal action of the City Council.
(Ord. No. G-2689, § 1)
Cross references: Finance, ch. 13.
Sec. 2-45.4. Collection of City fees and taxes– Abatement of collection suits and actions; release of liens; determination of uncollectibility; authority of Finance Director and City Manager.
A. The City Manager or the Finance Director, and their designees, are authorized, under the limitations imposed hereunder, and upon a determination that the costs of collection for any delinquent account for fees imposed under chapters 6, 7, or 10, Phoenix City Code, or taxes imposed under chapters 6 or 14, Phoenix City Code, would be disproportionately large compared to the reasonable likelihood of collection of such fees or taxes, to enter into an agreement with any person or entity responsible in whole or in part for the payment of any such fee or tax whereby:
1. The City agrees to release, in whole or in part, any or all liens filed in connection with such fee or tax; or
2. The City agrees to dismiss and to refrain from refiling, in whole or in part, any lawsuit seeking judgment for such fee or tax; or
3. The City agrees to abate all collection efforts with respect to such fee or tax, in whole or in part; or
4. Any combination of the foregoing.
B. The consideration to be paid to the City for any such agreement shall be in such sum as the Finance Director, or the Finance Director's designee, determines to represent the greatest amount which the City would be able to achieve as the result of its collection efforts.
C. The Finance Director, or the Finance Director's designee, shall have authority to act pursuant to the foregoing where the fee or tax, exclusive of interest or penalties, is less than twenty-five thousand dollars and, with the approval of the City Manager, or the City Manager's designee, where the fee or tax amount is twenty-five thousand dollars or more, but less than fifty thousand dollars exclusive of interest or penalties. Any such action shall be memorialized in documentation reflecting the agreement, which documentation shall be entered in City records.
D. In no event shall the total amount subject to any release of a lien, settlement of suit or abatement of collection for any single person or entity entering into such an agreement with the City exceed the sum of fifty thousand dollars exclusive of interest or penalties unless an agreement for a larger amount is approved by formal action of the City Council.
E. The benefit of any such agreement shall inure only to the specific party or parties executing it; and no such agreement, dismissal, release, or abatement shall operate or be construed to operate to release, abate, or diminish such liability as may exist for the payment of any fee, tax, interest, or penalty amount or any portion thereof due to the City by any other person or entity not executing such agreement, regardless of any legal relationship between the party or entity executing the agreement and any other person or entity.
F. No agreement, release, dismissal, or abatement shall be construed as an admission that any such fee, tax, interest or penalty amount or any portion thereof was not lawfully due and owing to the City, and the obligation for such amount may be carried as a separate nonrevenue item in the books and records of the City.
(Ord. No. G-3783, § 1)
Cross references: Finance, ch. 13.
Sec. 2-45.5. Collection of accounts receivable debts owed to the City– Abatement of collection suits and actions; release of liens; determination of uncollectibility; authority of Finance Director and City Manager.
A. For the purpose of this section, an account receivable debt is defined as any monies owed to the City pursuant to the Phoenix City Code or pursuant to common or statutory law other than taxes or fees imposed pursuant to chapters 6, 7, 10, or 14 of the Phoenix City Code or any debt which results from an action commenced in City Court.
B. The Finance Director, or the Finance Director's designee, is authorized, under the limitations imposed hereunder, and upon a determination that the costs of collection for any account receivable debt owed to the City imposed under the Phoenix City Code would be disproportionately large compared to the reasonable likelihood of collection of such monies, to enter into an agreement with any person or entity responsible in whole or in part for the payment of any such debt whereby:
1. The City agrees to release, in whole or in part, any or all liens filed in connection with such debt; or
2. The City agrees not to file a lawsuit, or to dismiss and to refrain from refiling, in whole or in part, any lawsuit seeking judgment for such debt; or
3. The City agrees to abate all collection efforts with respect to such debt, in whole or in part; or
4. Any combination of the foregoing.
C. The consideration to be paid to the City for any such agreement shall be in such sum as the Finance Director, or the Finance Director's designee, determines to represent the greatest amount which the City would be able to achieve as the result of its collection efforts.
D. Upon referral of an account receivable to the Treasury Division of the Finance Department for collection, the Finance Director, or the Finance Director's designee, shall have authority to enter into an agreement pursuant to section 2-45.5(B) above and may act pursuant to the foregoing where the debt amount is less than twenty-five thousand dollars exclusive of interest or late fees and with the approval of the City Manager, or the City Manager's designee, where the debt amount is more than twenty-five thousand dollars but less than fifty thousand dollars exclusive of interest or late fees. Any such action shall be memorialized in documentation reflecting the agreement, which documentation shall be entered in City records.
E. In no event shall the total amount involved in any release of lien, settlement of suit or abatement of collection for any single person or entity entering into such an agreement with the City exceed the sum of fifty thousand dollars exclusive of interest or late fees unless an agreement for a larger amount is approved by formal action of the City Council.
F. The benefit of any such agreement shall inure only to the specific party or parties executing it; and no such agreement, dismissal, release, or abatement shall operate or be construed to operate to release, abate, or diminish such liability as may exist for the payment of any debt or any portion thereof by any other person or entity not executing such agreement, regardless of any legal relationship between the party or entity executing the agreement and any other person or entity.
G. No agreement, release, dismissal, or abatement shall be construed as an admission that any such account receivable or any portion thereof was not lawfully due and owing to the City, and the obligation for such amount may be carried as a separate nonrevenue item in the books and records of the City.
(Ord. No. G-3783, § 2)
Cross references: Finance, ch. 13.
Sec. 2-45.6. Background checks; fingerprints.
A. Each current and prospective City employee, contract employee and volunteer who is required or allowed as a condition of employment to provide services directly to children or vulnerable adults shall submit a full set of fingerprints to the City to conduct a criminal background check for the purpose of determining whether the person has been convicted of a crime that bears upon the person's fitness to have responsibility for the safety and well-being of children and vulnerable adults.
B. Each sworn Fire Department employee hired after June 5, 1996, shall submit as a condition of employment a full set of fingerprints to the City for the purpose of determining whether the applicant has been convicted of a crime that bears upon the applicant's fitness for employment.
C. The City shall submit the full set of fingerprints and applicable fees to the Arizona Department of Public Safety for the purpose of obtaining a state and federal criminal history records check pursuant to Section 41-1750, Arizona Revised Statutes and Public Law 92-544. The Department of Public Safety may exchange the fingerprint data with the Federal Bureau of Investigation.
D. The City shall assume the costs of fingerprint checks conducted under this Section.
E. The City may conduct periodic fingerprint background checks to ensure continued qualification of employees, contract employees and volunteers under this Section.
F. The City Manager shall make and adopt rules that are necessary and proper for the administration of this Section.
G. For the purposes of this Section, "vulnerable adult" means an individual who is eighteen years of age or older and who is unable to protect himself or herself from abuse, neglect or exploitation by other persons because of a mental or physical impairment.
(Ord. No. G-3934, § 1, passed 6-5-1996, eff. 6-5-1996; Ord. No. G-5047, § 1, adopted 12-19-207, eff. 1-18-2008)
Cross references: Employer-employee relations, § 2-209 et seq.
Sec. 2-45.7. Confidentiality of public building and City Public Works facility plans and specifications.
A. Except as otherwise provided in this section, no department, custodian of records of the Department, or City Employee shall furnish to any person for inspection or copying any plans and specifications of public buildings or City Public Works facilities in the Department's possession, custody and control.
B. Nothing in this section shall prohibit a department from furnishing for inspection and copying public building plans and specifications to the governmental entity that owns or leases the public building or to such other persons or entities as may be designated by the governmental entity as authorized to receive them, or public building and city public works facility plans and specifications to any person where such disclosure is otherwise required by law.
C. The Department may furnish the plans and specifications for a City owned or leased public building or public works facility to a contractor engaged in or bidding on the construction of the public building or public works facility or additions or alterations thereto; provided, however, that the contract for the work project shall contain limitations on use and disclosure of the plans and specifications, including a provision prohibiting the contractor from disclosing the plans and specifications to any person other than the contractor's employees, subcontractors, or other persons who have a need to know the information for purposes of the project.
D. The City Manager may authorize the release of plans and specifications of any City owned or leased public building or public works facility upon a determination that release of the information does not jeopardize the safety of the public or public employees, or create a risk of damage to public property.
E. For purposes of this section:
1. City Public Works facility means all city owned or leased water and sewage treatment plants and collection and distribution systems, and telecommunications systems.
2. Plans and specifications mean the architect's and engineer's plans of floors, levels, structural features and elevations and memorandum specifications of the material and nature of construction.
3. Public building means any building or addition to or alteration of an existing building owned or leased in whole or in part by the City or Federal, State or County Government.
(Ord. No. G-4396, § 1, passed 10-31-01, eff. 10-31-01)
ARTICLE II.
CITY COUNCIL*------------
Charter references: Government, ch. III; Council, ch. IV.
Cross references: Elections, ch. 12.
------------
DIVISION 1.
GENERALLYSec. 2-46. Powers vested in Council; composition; election.
All powers of the City are vested in the City Council, which consists of a Mayor and eight other members, to be elected as provided by law by the qualified electors of the City. The Council shall enact local legislation, adopt budgets, determine policies and appoint the City Manager.
(Code 1962, § 2-41; Ord. No. G-2920, § 1)
Sec. 2-47. Manner of exercising powers.
All powers of the City shall be exercised in the manner prescribed by the City Charter or, if the manner has not been prescribed, then in such manner as may be prescribed by ordinance or by administrative regulations.
(Code 1962, § 2-42)
Sec. 2-48. Authority as to offices, departments, agencies, boards and commissions.
Upon recommendation of the City Manager, the Council by ordinance may create, change and abolish offices, departments or agencies, boards and commissions, except the Civil Service Board, the City Employees' Retirement System and the Parks, Playgrounds and Recreational Board.
(Code 1962, § 2-43)
Sec. 2-49. Interference with City Manager prohibited.
Neither the City Council nor any of its members shall direct or request the appointment of any person to, or his removal from, office by the City Manager or by any of his subordinates, or in any manner take part in the appointment or removal of officers and employees in the administrative branch of the City. Except for the purpose of inquiry, the Council and its members shall deal with the administrative branch solely through the City Manager and neither the Council nor any member thereof shall give orders to any subordinates of the City Manager, either publicly or privately.
(Code 1962, § 2-44)
Cross references: Supervision of officers and employees by City Manager, § 2-5.
Sec. 2-50. Appointment of members of agencies, boards and commissions.
The City Council shall appoint the members of all agencies, boards and commissions of the City created by the Charter or by ordinance, except as otherwise provided for by State law or by the City Charter.
(Code 1962, § 2-45)
Sec. 2-51. Removal of board, commission and committee members.
Any board, commission or committee members may be removed from their office with or without cause prior to the expiration of their term upon a majority vote of the Council.
(Ord. No. G-3437, § 1; Ord. No. G-4832, § 1, adopted 10-18-2006, eff. 10-18-2006)
Sec. 2-52. City of Phoenix Ethics Policy.
It is the policy of the City of Phoenix to uphold, promote and demand the highest standards of ethics from all of its employees and officials, whether elected or appointed. Accordingly, all City officers and employees, members of City boards, commissions and committees and members of the City Council should maintain the utmost standards of personal integrity, truthfulness, honesty and fairness in carrying out their public duties, avoid any improprieties in their roles as public servants, and never use their City position or powers for improper personal gain.
(Ord. No. G-3438, § 2)
Charter references: Conflict of interest, ch. XI.
Cross references: Lobbyists, § 2-1000 et seq.; campaign finance and financial disclosure, § 12-1300 et seq.
Sec. 2-53. Complaints of Ethics Policy violations by board, commission or committee members.
A. Any person who is a resident of the City of Phoenix or who is affected by the actions of a City board, commission, or committee may file with the City Clerk a written complaint containing specific allegations of violations of the City's Ethics Policy by any member of any board, commission, or committee.
B. Within five days of receiving the complaint, the City Clerk shall forward the complaint to the City Manager or his designee.
C. The City Manager or his designee shall appoint an independent Hearing Officer to review the complaint and to conduct any hearings which may be necessary .
D. After the conclusion of a hearing on a complaint alleging a violation of the City's Ethics Policy by a member of a board, commission or committee, the Hearing Officer shall prepare a written report with findings of fact and recommendations. The report shall be provided to the City Manager or his designee for such action as he deems appropriate.
E. Compliance with this Section is not required for the Council to take action pursuant to Section 2-51.
(Ord. No. G-3803, § 1; Ord. No. G-4832, § 2, adopted 10-18-2006, eff. 10-18-2006)
Secs. 2-54– 2-59. Reserved.
DIVISION 2.
RULES OF COUNCIL PROCEEDINGSSec. 2-60. Rules of Council proceedings.
In accordance with the provisions of chapter IV, section 7 of the Charter of the City of Phoenix, the following rules of Council proceedings are hereby established:
Rule 1. Applicability.
The proceedings of the Council of the City of Phoenix shall be governed by these rules, resorting to the latest standard edition of Robert's Rules of Order, if necessary.
Rule 2. Meetings.
(a) The Council shall meet regularly as follows:
(1) Policy sessions to receive information and determine policy at 2:00 p.m. each Tuesday.
(2) Formal meetings to consider and act on general business at 3:00 p.m. each Wednesday.
(3) Zoning meetings to consider and act on zoning matters at 5:00 p.m. on Wednesdays, according to the adopted zoning calendar.
(b) Special meetings may be called by the Mayor or three Council members.
(c) Meeting times, dates and locations may be changed, or meetings may be canceled by the Mayor or the Council.
Note: Meetings are not usually held during the fourth week of any month.
Charter references: Council to provide for time and place of regular meetings and provide for manner in which special meetings will be called, ch. IV, § 4; Council to meet at least once a month, ch. IV, § 19; calling of special meetings, ch. IV, § 20.
Rule 3. Order of business for formal meetings.
The business of all formal meetings, except zoning, shall be transacted in the following order:
(a) Roll call of members;
(b) Approval of minutes of the preceding meeting;
(c) Administering oaths to board and commission members;
(d) Consideration of bids;
(e) Liquor license applications;
(f) Petitions, communications, and public hearings;
(g) Consideration of old business;
(h) Formal recorded actions;
(i) Reading and passage of ordinances and resolutions;
(j) Consideration of new business;
(k) Reports from the City Manager, committees or City officials.
Rule 4. Policy sessions.
(a) The policy agenda shall be set by the Mayor, provided that an item also shall be placed on the policy agenda upon the written request of four Council members.
(b) The policy agenda shall include time for Council members to request information from City staff.
(c) The policy agenda shall include a consent agenda set by the Mayor, which shall be adopted, rejected or continued without discussion.
(d) Items, except those relating to the removal of board or commission members, shall be removed from the consent agenda upon the request of any Council member prior to 5:00 p.m. of the day preceding the policy session.
Rule 5. General procedures.
(a) A majority of the members of the Council shall constitute a quorum.
(b) The Mayor shall be the presiding officer and have a voice and vote in all Council proceedings. During the absence or disability of the Mayor, the Vice-Mayor shall act as Mayor. During the absence or disability of both Mayor and Vice-Mayor, the Council shall elect a presiding officer for all meetings.
(c) Members shall occupy seats assigned by the Mayor.
(d) Council members may request additional information on any formal agenda items no later than the Tuesday policy session preceding the formal meeting.
(e) No more than one amendment to a motion shall be permitted.
(f) Any member, at any time, may request a roll call vote.
(g) Council members shall not be excused from voting. A failure to vote or a voluntary abstention shall count as an "aye" vote unless excused by an announced conflict of interest.
(h) The journal of the proceedings of the Council shall record individual votes on all ordinances, resolutions, franchises and formal actions. For voice votes of ayes and nays that are not unanimous, the Mayor shall indicate the individual votes. The Mayor may require that Council members' votes be clarified.
(i) In the case of a tie in the vote on any measure, the measure shall be considered defeated.
(j) A motion to reconsider any measure may be made only by a member on the prevailing side.
Charter references: Vice-Mayor to act as Mayor pro tempore in absence of Mayor, ch. III, § 5(A); Mayor to preside at Council meetings, ch. IV, § 3; majority of Council established as quorum, ch. IV, § 6; Council votes to be recorded in journal of proceedings, ch. IV, § 9; Council members required to vote on all matters, ch. IV, § 23.
Rule 6. Debate and decorum.
(a) When a measure is presented for consideration, the presiding officer shall recognize the appropriate person or persons to present the matter.
(b) Council members may speak after recognition by the presiding officer. The presiding officer shall not unreasonably withhold such recognition; however, the presiding officer may not recognize similar repetitive discussions or motions which would delay the meeting.
(c) When two or more members of Council wish to speak, the presiding officer shall determine the order of speaking and recognize the first speaker.
(d) While a member of the City Council is speaking, no other member shall interrupt except to make a point of order or point of personal privilege.
(e) When a motion is made and seconded, the presiding officer shall insure that the debate is confined to the motion.
(f) The Council may agree to limit debate on any matter before it. A limit may be formalized by a majority vote of the Council, or the presiding officer may announce time limits on any agenda item.
(g) Any member may call for the previous question on any issue under debate. The call for previous question must receive a second and then receive at least a two-thirds vote. Passage of a motion to address the previous question terminates all debate on the original motion. The Council shall immediately vote on such motion.
(h) If a member breaks these rules, the presiding officer shall, or any Council member may, call that member to order. The member so called shall immediately cease speaking, but may appeal to the Council. The Council shall decide the appeal without debate. If the appeal is granted, such member may continue speaking. If the appeal is denied, such member shall remain silent. Such offender is subject to censure or other punishment as the Council, by a three-quarters vote, deems just and proper under the law.
Rule 7. Enforcement, suspension of rules.
(a) These rules shall be enforced by the presiding officer, subject to an appeal to the Council.
(b) Unless otherwise provided by law, these rules may be suspended or modified at any time, by a majority vote of the Council.
Rule 8. Citizen comments.
Immediately after adjournment or recess of the regular weekly formal meeting, any member of the public may address the Council to comment on issues of interest or concern to them. A quorum of the City Council may or may not be present, but in either event, no decisions will be made and no action on any issue raised will be taken.
Rule 9. Open Meetings Law.
The Council and its committees, subcommittees and ad hoc committees shall hold all meetings and conduct all business in accordance with the provisions of the Arizona Open Meetings Law, A.R.S. tit. 38, ch. 3, art. 3.1 (A.R.S. § 38-431 et seq.).
Charter references: Council meetings to be open to public, ch. IV, § 5.
Rule 10. Conflict of interest.
Each member shall comply with the Arizona Conflict of Interest Law, A.R.S. tit. 38, ch. 3, art. 8 (A.R.S. § 38-501 et seq.). When a member recognizes a potential conflict of interest, the member shall disclose the interest giving rise to the potential conflict and refrain from voting or participating in any manner in the disposition of the matter.
Rule 11. Emergencies.
Emergencies shall be handled as provided by the Charter, chapter IV, section 14, and chapter V, section 4; the City Code, Administration, article II, section 2-79, and the provisions of the Arizona Open Meetings Law, A.R.S. tit. 38, ch. 3, art. 3.1 (A.R.S. § 38-431 et seq.).
Rule 12. Use of staff.
No Council member shall request any staff project requiring over eight hours of staff work without first seeking approval of the full City Council.
Rule 13. Subcommittees.
(a) The Mayor may establish, modify and terminate subcommittees of the Council and charge them with their powers, duties and responsibilities. Subcommittee membership shall not exceed four. The rules of Council proceedings shall govern all subcommittee proceedings.
(b) The Mayor may refer matters to subcommittees for the purpose of collecting information, providing analysis and making recommendations to the Council. Subcommittees may conduct public hearings on matters referred to them.
(c) The Mayor shall appoint and remove the members and chairperson for each subcommittee. Only the Mayor and Council members may serve on a subcommittee. The Mayor shall be a nonvoting ex officio member of all subcommittees, unless otherwise designated.
(d) The subcommittee chairperson shall determine the agenda for subcommittee meetings consistent with the subcommittee's charge.
(e) The Mayor may establish, modify and terminate ad hoc committees of the Council and charge them with their powers, duties and responsibilities. The Mayor shall appoint and remove the members and chairperson for each ad hoc committee. Membership of ad hoc committees may include citizens, and up to four Council members. Ad hoc committees shall be established to study, review and make recommendations regarding specific issues designated by the Mayor. Ad hoc committees shall be established only for a limited, clearly defined, time and at the end of the designated time shall automatically be abolished unless the time is extended by the Mayor.
(f) The Mayor shall file with the City Clerk a list of all subcommittees and ad hoc committees, together with each subcommittee's and ad hoc committee's members, chairperson and charge. Any changes in subcommittee or ad hoc committee information shall also be filed with the City Clerk.
(Ord. No. G-3912, § 1, passed 3-20-1996, eff. 5-1-1996; Ord. No. G-4250, § 1, passed 3-15-2000, eff. 4-14-2000; Ord. No. G-4398, § 1, passed 11-28-2001, eff. 12-28-2001; Ord. No. G-4658, § 1, adopted 12-8-2004, eff. 1-7-2005)
DIVISION 3.
RESERVED*------------
Editor's note: Division 3 was repealed; see Ord. No. G-2605, § 1.
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Secs. 2-61– 2-77. Reserved.
DIVISION 4.
ORDINANCES AND RESOLUTIONS*------------
State law references: Ordinances, A.R.S. § 9-801 et seq.
------------
Sec. 2-78. Reading of ordinances and resolutions; effective date.
All proposed ordinances and resolutions shall be subject to the following requirements for passage at any meeting of the Council:
(A) Copies of a proposed ordinance and proposed resolution shall be in the possession of the Mayor and Council prior to the meeting.
(B) General ordinances amending the Code of the City of Phoenix, with the exception of amendments to the text of the Zoning Ordinance of the City of Phoenix, and Section 601, the Zoning Map, shall be read by number and title only unless the Mayor or any member of the Council requests a full reading of the proposed general ordinance.
(C) General ordinances amending the text of the Zoning Ordinance of the City of Phoenix, and Section 601, the Zoning Map, shall be read by number only unless the Mayor or any member of the Council requests a full reading of the proposed general ordinance.
(D) Special ordinances and resolutions shall be read by number only unless, at the request of the Mayor or any member of the Council, a full reading of the proposed special ordinance or resolution is ordered.
(E) Special ordinances and resolutions, and general ordinances amending the text of the Zoning Ordinance of the City of Phoenix, and Section 601, the Zoning Map, may be passed and adopted collectively upon a roll call vote of the Council.
(F) Copies of titles of proposed ordinances or resolutions shall be available to the public for examination, when feasible, at the City Clerk's office not less than twenty-four hours before the hour the City Council convenes to act upon the ordinance or resolution. Should copies be not so available, such ordinance or resolution must be read in full before the vote thereon, except that the reading thereof may be waived by the affirmative vote of two-thirds of the Council.
Measures without the emergency clause shall take effect and become operative thirty days after the date of their passage.
(Code 1962, § 2-72; Ord. No. G-1159, § 1; Ord. No. G-1359, § 1; Ord. No. G-2562, § 1; Ord. No. G-4881, § 1, adopted 3-21-2007, eff. 4-20-2007; Ord. No. G-5195, § 1, adopted 7-2-2008, eff. 8-1-2008)
Sec. 2-79. Emergency measures; limitation.
A. An emergency measure is one passed by the affirmative vote of two-thirds of the members of the Council for the immediate preservation of the peace, health or safety, in which the emergency is set forth and defined in a separate section. An emergency measure shall take effect upon its adoption.
B. The Council shall not enact with an emergency clause any ordinance providing for any expenditure in excess of three million dollars in connection with any construction or development of any project involving non-essential City services.
C. The following definitions shall be used in this section:
1. Expenditure means any direct or indirect payment of money, the granting of tax concessions or relief, or the incurring of any form of debt.
2. Emergency clause means any provision that has the effect of causing an ordinance to become effective immediately of [or] that denies or limits, in any way, the right to refer an ordinance to the ballot.
3. Non-essential services means all services other than those set forth in paragraph (D) below.
D. The provisions of this section do not apply to any ordinance providing for expenditures, including capital expenditures and debt service in connection with aviation, courts, fire, police, public transit, solid waste, streets, streetscapes, parking, wastewater, water public utilities, stormwater, environmental safety, risk management, insurance and self-insurance, public health or safety, public housing, equipment maintenance, parks, recreation and libraries.
(Code 1962, § 2-73; Ord. No. G-1159, § 2; Ord. No. G-4305, § 1, passed 11-1-2000, eff. 12-1-2000)
Sec. 2-80. Publication.
All ordinances and resolutions shall be published at least once in the official newspaper of the City within thirty days of their adoption.
(Code 1962, § 2-74; Ord. No. G-1159, § 3)
State law references: Ordinance publication, A.R.S. § 9-811 et seq.
Sec. 2-81. Franchise ordinances.
All ordinances, substitute ordinances or amending ordinances proposing to grant any and all franchises which come within the provisions of the Charter shall be provided at the expense of the persons desiring such franchises and fifty copies thereof distributed among the members of the Council and other persons interested in such franchises.
(Code 1962, § 2-75)
Cross references: Franchises, ch. 16.
State law references: Public utility franchises, A.R.S. § 9-501 et seq.
ARTICLE III.
CITY COURT*------------
Charter references: City Court, ch. VIII.
Cross references: Public Defender Review Committee, § 2-150 et seq.; disposition of traffic violations, § 36-33 et seq.
State law references: Municipal courts, A.R.S. § 22-401 et seq.
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DIVISION 1.
GENERALLYSec. 2-82. City judge to preside; responsibility.
There shall be a City Court, each of the divisions of which shall be presided over by a City Court judge.
(Ord. No. G-1883, § 2)
Sec. 2-83. Chief Presiding Judge duties.
The Chief Presiding Judge shall be the administrative head of the City Court and charged with responsibility of complying with the Constitution and laws of the State, rules and directives of the Supreme Court, and Charter provisions and ordinances of the City. His duties shall consist of, but not limited to, the following:
(1) Assignment of City Court judges to serve in the several divisions of the City Court.
(2) Recording actions of the City Court.
(3) Appointment and removal, subject to the civil service of the City of Phoenix, for cause of all court officers and personnel except City Court judges.
(4) Organization and administrative supervision of all court officers and personnel.
(5) Preparation and supervision of all arraignment, trial and sentencing schedules and other court schedules as he deems necessary.
(6) Collection, safekeeping, and transfer to the City Treasurer of all fines, penalties and fees collected in City Court except as otherwise provided by law.
(7) Filing all reports required by the Constitution and statutes of the State and the Charter and ordinances of the City.
(8) Designation of a City Court judge as Assistant Chief Presiding Judge to serve at his pleasure and to perform such duties as the Chief Presiding Judge may delegate.
(9) Adoption of regulations for the internal administration of the court. These court regulations may provide for, but are not limited to, the following: records management, access and safekeeping, information dissemination, public relations, court security, personnel conduct, intradepartmental contact; violations of these regulations shall constitute grounds for disciplinary action or removal or dismissal.
(10) The recommendation to the City Council of salary ranges for all court positions and employment, except City judges.
(11) The granting of salary increases within the ranges established by the City Council.
(12) Preparation and administration of the annual budget.
(Ord. No. G-1883, § 2)
Sec. 2-83.1. Salaries.
A. A Judge of the City Court is entitled to receive an annual salary in an amount equal to one hundred percent of the annual salary paid to a Judge of the Superior Court of Arizona, and in addition thereto, each Judge of the City Court shall be entitled to receive the same benefits as provided for in the middle management pay plan of the City. The salaries of Judges of the City Court shall change concurrently with any change in the salaries of Judges of the Superior Court.
B. The salary of the Presiding Judge of the Municipal Court of the City of Phoenix shall be in an amount as provided for by the Council of the City of Phoenix and, in addition thereto, the Presiding Judge shall be entitled to the same fringe benefits as provided for in the executive pay plan of the City of Phoenix.
(Ord. No. G-1704, § 1; Ord. No. G-1883, § 1; Ord. No. G-3174, § 1; Ord. No. G-3205, § 1; Ord. No. G-4579, § 1, passed 2-18-2004, eff. 3-19-2004)
Sec. 2-84. City Council duties.
(1) The City Council shall provide for the financial, physical, and personnel requirements of the City Court. The personnel shall be subject to the civil service requirements of the City.
(2) The City Council, at the request of the Chief Presiding Judge, shall make available the services of various City departments.
(3) The City Court shall be subject to the requirement of chapter VII, section 1 of the City Charter.
(Ord. No. G-1883, § 2)
Charter references: Audits, ch. VII, § 1.
Sec. 2-85. Fines, penalties and other fees to be paid periodically to Treasurer.
The Chief Presiding Judge shall promptly remit, but not less than once each week, to the City Treasurer all fees, fines, penalties and other monies collected by them since their prior settlement with the City Treasurer and take the Treasurer's receipt therefor.
(Ord. No. G-1883, § 2)
Sec. 2-86. Procedures applicable to City Court.
The Arizona Rules of Criminal Procedure and all other procedural rules promulgated by the Arizona Supreme Court, so far as applicable, and the local rules of the Phoenix City Court as approved by the Arizona Supreme Court from time to time shall apply to and govern all proceedings in City Court.
(Ord. No. G-1883, § 2; Ord. No. G-2578, § 2)
Sec. 2-87. Formation and summoning of juries; jurors' pay.
The formation and summoning of juries in City Court shall be done in the same manner as provided for by law in courts of record. Each juror in City Court shall be paid by the City in the same manner and amount as paid by Maricopa County to its jurors for daily attendance and mileage.
(Ord. No. G-1883, § 2)
State law references: Formation of juries, A.R.S. §§ 22-426, 21-331(c).
Sec. 2-88. Number of jurors.
The number of jurors required to try a criminal case and render a verdict in City Court shall be as provided by law for courts not of record.
(Ord. No. G-1883, § 2)
Sec. 2-89. City's right of execution against property.
The City may, if a fine or civil sanction be imposed for violation of its ordinances, have execution against the property of the defendant as in civil actions or may use other appropriate legal process as is prescribed by law for the collection of such fine or civil sanction.
(Ord. No. G-1883, § 2; Ord. No. G-2578, § 3)
State law references: Collection of fines, A.R.S. § 22-405.
Sec. 2-90. Clerk of the City Court.
The Chief Presiding Judge shall designate and appoint one court employee as the Clerk of the Court who shall serve under the direction and the supervision of the Chief Presiding Judge. The Chief Presiding Judge may also designate and appoint such Deputy Clerks as he may deem necessary. The Court Clerk and his deputies may issue any City Court process and generally perform, on behalf of the City Court, functions of like nature to those performed by the Clerk of the Superior Court for the Superior Court and such other duties as may reasonably and properly be delegated to him by the Chief Presiding Judge.
(Ord. No. G-2578, § 4)
Sec. 2-91. Judgment on default.
For those matters designated civil traffic violations, if a defendant who has been served with summons fails to appear within the time specified in the summons, the allegations in the complaint shall be deemed admitted and the court shall enter judgment for the City, impose a civil sanction and report such judgment to the Department of Motor Vehicles.
(Ord. No. G-2578, § 5)
Sec. 2-92. Judgments.
For the purposes of chapter 4 and chapter 36 "judgment" means any of the following:
1. The finding by a court that an individual is responsible for a civil traffic violation.
2. An individual's admission of responsibility for a civil traffic violation.
3. The voluntary or involuntary forfeiture or deposit in connection with a civil traffic violation.
4. A default judgment entered by a court pursuant to section 2-91 of this chapter.
5. In all criminal matters "judgment" is defined in accordance with the Arizona Rules of Criminal Procedure.
(Ord. No. G-2578, § 6)
Sec. 2-93. Appeal.
1. In a criminal case, either party may appeal from the City Court to the Superior Court in the same manner as provided by rules promulgated by the Arizona Supreme Court.
2. Either party may appeal the judgment of the court in a civil traffic case in the same manner as provided by rules promulgated by the Arizona Supreme Court.
(Ord. No. G-2578, § 7)
State law references: Appeals, A.R.S. § 22-425.
Sec. 2-94. Court hearing officers and presiding court hearing officer– Qualifications; term; removal; hearing officers pro tempore; compensation; powers and duties.
A. Court hearing officers appointed by the Chief Presiding Judge pursuant to chapter VIII, section 9, of the Phoenix City Charter, must meet the following minimum qualifications at the time of appointment.
1. All qualifications as may be established, from time to time, by the Arizona Supreme Court or as may be required by statute for such officers.
2. In addition to the foregoing, such officers must have either a law degree or a bachelor's degree with at least three years of experience in the area of traffic law or a related field.
B. Court hearing officers shall be appointed for a term of two years and may only be removed during said term by the Chief Presiding Judge for cause and after a hearing. The Chief Presiding Judge may, in addition, appoint such Court Hearing Officers pro tempore as may be required by the City Court, to serve at the Chief Presiding Judge's pleasure.
C. A Court Hearing Officer is entitled to receive an annual salary in an amount that equals seventy percent of the annual salary paid to a Judge of the Phoenix City Court and in addition thereto, a Court Hearing Officer shall be entitled to receive the same benefits as provided for in the supervisory and professional pay plan of the City of Phoenix. The salary of Court Hearing Officers shall change concurrently with any change in the salary of a Judge of the City Court. Said compensation may not be reduced during the term of office of an incumbent other than the proportion by which salaries of all City employees may be reduced generally.
D. The powers and duties of a court hearing officer shall be those as may be established, from time to time, by the City Charter, ordinance, statute, or the rules of the Arizona Supreme Court, relating to such officers. The City Manager is authorized to exempt Court Hearing Officers from the classified service pursuant to Chapter XXV, Section 5.1.q of the Charter of the City of Phoenix.
E. The Chief Presiding Judge shall designate a court hearing officer as presiding court hearing officer to serve at the Chief Presiding Judge's pleasure and to perform such duties as the Chief Presiding Judge may delegate. The Presiding Court Hearing Officer shall receive an annual salary in an amount equal to eighty-five percent of the annual salary of a City Court judge and, in addition thereto, the Presiding Court Hearing Officer shall be entitled to receive the same benefits as provided for in the supervisory and professional pay plan of the City. The salary of the Presiding Court Hearing Officer shall change concurrently with any change in the salary of a Judge of the City Court.
(Ord. No. G-2578, § 7; Ord. No. G-4019, § 1, passed 6-11-1997, eff. 7-11-1997; Ord. No. G-4579, § 2, passed 2-18-2004, eff. 3-19-2004)
Charter references: Appointment of court hearing officers, ch. VIII, § 9.
Sec. 2-95. Seal; affixing of seal; electronic document management system.
A. The City Court shall have a seal as devised and adopted by the Chief Presiding Judge of the Court. The seal shall be kept by the Clerk and Chief Presiding Judge of the Court. The city court also shall have an electronic seal as devised and adopted by the Chief Presiding Judge. The electronic seal may be affixed to any electronic submission or printout from the Court's official electronic document management system. The electronic seal shall have the same weight and effect as any other authorized seal of the Court.
B. The seal of the City Court need not be affixed to any proceedings in the court except an authentication of a copy of a record or proceedings of the Court or its officers for the purpose of record or evidence in another court or place.
C. All electronically filed submissions, the filing of which is authorized by order of the Chief Presiding Judge, and the scanned images of documents filed in paper form with the Court shall be considered the original documents of record once such images have been entered into the electronic document management system of the Court.
D. Records of proceedings not entered in the Court's electronic document management system may be authenticated by affixing the seal by impressing it on the paper or on a substance attached to the paper and capable of receiving the impression. An electronic submission or document printed from the Court's electronic document management system that bears the Court's electronic seal attesting to the document's authenticity shall be considered an official record or certified copy of the original.
E. Any Court rule requiring that a document be an original, be on paper or another tangible medium, or be in writing, is satisfied by the electronic image defined as the original document by this Section.
(Ord. No. G-2901, § 1; Ord. No. G-5083, § 1, adopted 1-30-2008, eff. 2-29-2008)
Sec. 2-96. Judicial Selection Advisory Board– Establishment; membership; powers and duties; operating procedures.
A. There is hereby created a Judicial Selection Advisory Board to be composed of the Chief Presiding Judge of the City Court, who shall serve as a nonvoting member, and seven voting members, consisting of the following: the Presiding Judge of the Superior Court of Maricopa County or his designee; an appellate court judge to be appointed by the Chief Justice of the Arizona Supreme Court; a member of the Maricopa County Bar Association who shall reside in the City of Phoenix and who shall be appointed by the Mayor from among three nominees recommended by the association's board of directors; an active member of the State Bar of Arizona who shall reside in the City of Phoenix and who shall be appointed by the Mayor from among three nominees recommended by the State Bar's Board of Governors; and three public members who are nominated by the Mayor and who are residents of the City of Phoenix. None of the public members shall be an employee of the City of Phoenix. Voting members shall be subject to approval by the City Council. Voting members shall serve a term of three years and shall be eligible for reappointment for one additional three-year term. The members shall serve without salary or compensation.
B. The Board's officers shall consist of a chairman and vice-chairman, each selected from the Board's voting members. Officers shall serve one-year terms. No member shall serve more than two terms as chairman or two terms as vice-chairman, not including any term filled for the remainder of another member's unexpired term. Upon expiration of the chairman's first term or, if selected for a second term, upon expiration of the chairman's second term, the vice-chairman automatically shall become the chairman. If upon expiration of the chairman's first term, the chairman is selected by the voting members for a second term, the vice-chairman shall automatically continue in that office for a second term. A vacancy in the office of chairman caused other than by the expiration of a term shall be filled by the vice-chairman for the remainder of the unexpired term. The members shall determine operating procedures for the Board, which shall be kept in writing. The vice-chairman shall preside whenever the chairman is absent or unable to act. The chairman will have the duty to prepare written reports as may be requested by the City Council.
C. The Board shall have the following powers and duties:
1. To seek out and encourage qualified individuals to apply for the office of judge of the City Court.
2. To conduct investigations into the background and qualifications of candidates for the office of judge of the City Court, including but not limited to the use of questionnaires, personal interviews, and contacting such individuals and institutions as it deems reasonable to obtain as much background information on the candidate as possible.
3. To submit its recommendations for candidates for appointment or reappointment to the office of judge of the City Court or Chief Presiding Judge, without regard for race, religion, political affiliation or sex of the candidate, to the Mayor, who thereafter shall convene the City Council for the purpose of interviewing all candidates recommended.
D. The meetings of the Board shall be held once each year for the purpose of reviewing operating procedures and on call of the chairman or a majority of the members. The chairman shall issue a call for a meeting promptly upon learning of the existence or anticipated existence of a vacancy in the office of judge of the City Court. The Board shall, whenever practical, hold public meetings designed to permit interested parties and groups to submit and recommend persons for consideration.
(Ord. No. G-3325, § 2; Ord. No. G-4010, § 1, passed 5-21-1997, eff. 6-21-1997)
Sec. 2-97. Court fees.
A. The City Court shall assess the defendant a default fee of forty dollars for each default judgment entered in a civil traffic violation case upon a failure to appear or failure to pay a civil sanction, unless such default judgment is set aside under Rule 28 of the Rules of Procedure in Civil Traffic Violation Cases. A judge or hearing officer may waive all or any part of the fee if the payment of the fee would cause a hardship to the defendant.
B. The City Court shall assess each defendant who is ordered to receive substance abuse or domestic violence screening services an initial assessment fee of one-hundred-twenty-five dollars. A judge may waive all or any part of the fee if the payment of the fee would cause a hardship to the defendant.
C. The City Court shall assess a defendant each time they are re-ordered to receive substance abuse or domestic violence screening services a re-assessment fee of seventy-five dollars. A judge may waive all or any part of the fee if payment of the fee would cause a hardship to the defendant.
D. A defendant who defaults in his or her obligation for the payment of monies owed or due to the City Court including, but not limited to, restitution, fines, sanctions, surcharges, assessments, penalties, bonds, costs and fees, is liable for any fees and charges assessed by a collection agency that is licensed pursuant to Title 32, Chapter 9 of the Arizona Revised Statutes, and that is engaged by the City Court to collect and enforce such payment. The collection fees and charges assessed by the collection agency shall be added to the sum or sums due from and chargeable against the defendant.
(Ord. No. G-3653, § 1; Ord. No. G-3826, § 1; Ord. No. G-4574, § 1, passed 1-21-2004, eff. 2-20-2004; Ord. No. G-5143, § 1, adopted 4-9-2008, eff. 5-9-2008; Ord. No. G-5319, § 1, adopted 3-4-2009, eff. 4-3-2009)
Editor's note: It should be noted that the fees in subsection 2-97.A, amended by Ord. No. G-5319, § 1, adopted March 4, 2009, effective April 3, 2009, shall become effective May 1, 2009.
Sec. 2-98. Court technology enhancement fee; City Court technology enhancement fund.
A. In addition to any other fee or assessment authorized by law, a court technology enhancement fee of ten dollars shall be imposed by the City Court on each order or agreement to pay any fine, sanction, penalty or assessment, or to participate in any Court-authorized diversion program. The court technology enhancement fee shall not be imposed on civil parking violations. The court technology enhancement fee shall be collected by the City Court for deposit into the City Court technology enhancement fund. A judge or hearing officer may waive all or any part of the fee if payment of the fee would cause a hardship to the defendant or his or her immediate family.
B. A City Court technology enhancement fund is established for the exclusive purpose of enhancing City Court technology. Monies in the fund shall supplement, not supplant, funds provided to the City Court through the City budget process. Interest earned on the monies in the fund shall be credited to the City Court technology enhancement fund.
C. The City Court shall conduct a periodic review of the effectiveness of this ordinance at meeting the City Court's technology needs. The City Court shall report any findings from the periodic review to the City Council. The first review shall take place no later than five years from the effective date of this ordinance.
(Ord. No. G-4284, § 1, passed 7-5-2000, eff. 9-1-2000)
Editor's note: Former §§ 2-98– 2-109 were repealed; see Ord. No. G-1859, § 2, and Ord. No. G-1883, § 1. A new § 2-98 was added by Ord. No. G-4284.
Sec. 2-99. Waiver of service of summons; saving costs of service; request to waive.
A. A defendant who is subject to service of a summons and complaint in a civil traffic violation case and who receives notice of the action in the manner provided in this section may avoid costs of serving the summons. To avoid costs, the plaintiff may notify the defendant of the commencement of the action and request that the defendant waive service of the summons. The notice and request shall comply with all of the following requirements:
1. Be in writing and sent by first class mail, postage prepaid, to the address provided to the Arizona Department of Transportation by the defendant.
2. Include a copy of the complaint and identify the court in which it has been filed.
3. Inform the defendant, by means of a text prescribed in an official form by the Chief Presiding Judge, of the consequences of compliance and of a failure to comply with the request.
4. Set forth the date on which the request is sent.
5. Allow the defendant a reasonable time to return the waiver, which shall be at least thirty days from the date the notice is sent.
6. Provide the defendant with an extra copy of the notice and request, as well as prepaid means of compliance in writing.
B. If a defendant who has been notified of the commencement of an action and who has been requested to waive service of the summons in the manner provided in this section fails to comply with the request for waiver of service, the City Court shall impose on the defendant the following fee for the costs incurred in effecting service on the defendant together with the costs, including reasonable attorney's fees, of any action required to collect the costs of service, unless good cause for the failure is shown:
1. Forty dollars for service upon a defendant within Maricopa County; or
2. Seventy-five dollars for service upon a defendant outside Maricopa County but within the State; or
3. One hundred fifty dollars for service upon a defendant outside the State but within the United States.
C. When the plaintiff files a waiver of service with the City Court, the action shall proceed as if a summons and complaint had been served at the time of filing the waiver, and no proofs of service shall be required.
D. A defendant who waives service of a summons does not thereby waive any objection to the venue or to the jurisdiction of the City Court over the person of the defendant.
(Ord. No. G-4393, § 1, passed 10-10-2001, eff. 11-9-2001; Ord. No. G-4835, § 1, adopted 11-1-2006, eff. 12-1-2006)
Sec. 2-100. Home detention.
A. If a person is sentenced to jail confinement by the municipal court, the court may substitute home detention for a portion of the jail term as provided in this section.
B. A person is not eligible for home detention if any of the following apply:
1. The person constitutes a risk to himself or other members of the community;
2. The person has a history of violent behavior;
3. The conviction for which the person is being sentenced is a domestic violence offense pursuant to Section 13-3601 of the Arizona Revised Statutes;
4. The conviction for which the person is being sentenced is an act of prostitution or solicitation pursuant to Section 23-52 or 23-53 of this Code or Section 13-3214 of the Arizona Revised Statutes; or
5. The person is not eligible under Section 9-499.07 of the Arizona Revised Statutes.
C. Any person placed on home detention must serve an initial twenty-four consecutive hours in jail, except as provided in Subsection D. The person shall pay the cost of incarceration.
D. If the person is sentenced under Section 28-1381, Subsection K or Section 28-1382, Subsection D or F of the Arizona Revised Statutes, the person must first serve a minimum of fifteen consecutive days in jail before being placed under home detention.
E. A person placed under home detention shall be subject to electronic monitoring in the person's home and shall be required to remain at home during the hours specified by the Court. If a person is sentenced under Section 28-1381 or 28-1382 of the Arizona Revised Statutes, the person shall be tested at least once daily for the use of alcohol or drugs in a manner approved by the Court.
F. If the person attends educational classes in Maricopa County or is employed within Maricopa County, the Court may permit the person to attend classes or leave home for employment during specified hours. The Court may permit the person to attend religious services, funerals, or seek medical care.
G. The Court may require a person under home detention to participate in community service work or impose other reasonable requirements or restrictions the Court deems necessary.
H. A person under home detention shall be required to pay the full cost of the electronic monitoring and alcohol or drug testing plus thirty dollars. The Court may assess a lesser amount based on the ability of the person to pay.
I. The Court shall terminate a person's home detention and require the person to complete the remaining term of the jail sentence by jail confinement if the Court finds the person has not successfully completed Court ordered alcohol or drug screening and treatment pursuant to Section 28-1381 or 28-1382 of the Arizona Revised Statutes, or the person has improperly left the home during home detention. The Court may terminate a person's home detention and require jail confinement for any other violation of the terms of the home detention order.
(Ord. No. G-4628, § 1, adopted 7-1-2004, eff. 7-31-2004; Ord. No. G-5279, § 1, 12-3-2008, eff. 1-2-2009)
Secs. 2-101– 2-109. Reserved.
Note: See the editor's note to § 2-98.
DIVISION 2.
RESERVED*------------
Editor's note: Division 2 was repealed; see Ord. No. G-3597, § 1.
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Secs. 2-110– 2-118. Reserved.
ARTICLE IV.
POLICE DEPARTMENT*------------
Cross references: Disposition of unclaimed money and personal property, § 2-301 et seq.; alarm systems, § 10-66 et seq.; disposition of allegedly stolen property, § 19-20 et seq.; interfering with police functions, § 23-18 et seq.; prisoners, § 23-22 et seq.; traffic administration, § 36-2 et seq.
State law references: Police department authorized, A.R.S. §§ 9-499.01, 9-240(B)(12); police qualifications and training, A.R.S. § 41-1821 et seq.; overtime pay for police, A.R.S. § 23-392.
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DIVISION 1.
GENERALLYSec. 2-119. Chief of Police.
(a) There shall be a Police Department, headed by a Chief of Police. He shall be responsible for the enforcement of State laws and City ordinances, protection of life and property, preservation of law and order, investigation of crimes, and suppression of vice and shall direct the proper assignment of police officers, establish training programs, maintain records, provide traffic control and enforcement, cooperate with other law enforcement agencies, establish rules and departmental policies and be responsible for the custody of City prisoners.
(b) The Chief of Police shall preserve the peace of the City. He shall arrest and take before the City magistrate all persons committing or attempting to commit an offense against the law or ordinances of the City. He shall prevent and suppress all affrays, riots and breaches of the peace which may come to his knowledge. He shall have charge and supervision of the City jail and the prisoners therein. He shall have supervision and direction of the police of the City. He shall serve all writs and processes issued by the City magistrate and shall make proper returns. He shall keep a full and accurate record of all arrests made by him or the police of the City, showing the name of each person arrested, the date of the arrest and the nature of the charge upon which the arrest was made, the name of each person committed to the City jail, the nature of the charge or process under which such imprisonment was made, the length and term of such imprisonment and when and why released. He shall keep a full, accurate record and account of each and every writ and process issued by the City magistrate for service, to whom delivered for service, and the date and return made.
(c) He shall take charge of, preserve and care for all property of the City used in connection with the Police Department, and shall safely keep and preserve for the rightful owner all other property which shall be intrusted to his care or come into his possession.
(d) He shall make monthly reports in writing of all the proceedings had and taken by him and by the police of the City for the preceding month, to the Council. He shall at all times be subject to the supervision and control of the City Manager and he shall do and perform such other and further duties as may be required of him by the Constitution and laws of the State, the Charter and the City Council, and also such additional duties as may be from time to time required of him by the City Manager.
(Code 1962, § 29-1)
Sec. 2-120. Organization of divisions and bureaus of Police Department.
The Police Department shall be organized into divisions and bureaus as recommended by the Police Chief and approved by the City Manager. The Chief's recommendations to the City Manager shall contain the organization of each division and bureau and the staff required therefor. The City Manager shall have the power to modify, delete or approve the recommendations.
(Ord. No. G-956, § 1; Ord. No. G-2183, § 3)
Sec. 2-121. Fees chargeable for service of process.
The Police Department shall receive the following fees in civil actions, including, but not limited to, actions for orders of protection and actions for injunctions against harassment:
1. Posting or serving any notice, process, writ, order, pleading or paper required or permitted by law, not otherwise provided for, sixteen dollars.
2. For the preparation, including notarization, of each affidavit of service or other document pertaining to service, eight dollars.
3. For traveling to serve or on each attempt to serve civil process, notices, writs, orders, pleadings or papers, two dollars forty cents for each mile actually and necessarily traveled but, in any event, not to exceed two hundred miles, nor to be less than sixteen dollars. Mileage shall be charged one way only. For service made or attempted at the same time and place, regardless of the number of parties or the number of papers so served or attempted, only one charge for travel fees shall be made for such service or attempted service.
(Ord. No. G-3357, § 1; Ord. No. G-3915, § 1, passed 3-20-1996, eff. 3-20-1996; Ord. No. G-4393, § 2, passed 10-10-2001, eff. 11-9-2001)
Sec. 2-121.01. Fees chargeable for criminal background check before transfer of firearm.
The Police Department shall charge a fee, in addition to any other fees prescribed by law, in the amount of ten dollars to recover the cost of criminal history background information checks which by law are conducted before transfer of a firearm to an individual who is not a federal firearms licensee. Until July 1, 1994, the fee shall be waived for criminal history background information checks performed in connection with the redemption of pawned firearms at a licensed pawnshop or the transfer of firearms to a gunsmith for the purpose of repair. This waiver shall not apply to any firearm pawned after February 28, 1994.
(Ord. No. G-3738, § 1)
Cross references: Firearms, § 23-38 et seq.
Sec. 2-122. False and misleading reports to police.
It shall be unlawful for any person willfully to make to the Police Department of the City any false, fraudulent, misleading or unfounded report or statement or willfully to misrepresent any fact for the purpose of interfering with the orderly operation of the Police Department or with the intention of misleading any police officer.
(Code 1962, § 29-4)
Cross references: Interfering with police functions, § 23-18 et seq.
Sec. 2-123. Mandatory retirement ages.
(a) The mandatory retirement age for all police officers certified in the class of police patrolman shall be fifty-six years of age; provided, that two two-year extensions may be made upon request of the employee and with approval of the Chief of Police and the City Manager.
(b) The mandatory retirement age for all police command officers of the rank of sergeant and above and for personnel of the Communications and Records Sections and Police Property Clerk shall be sixty years of age; provided, that two two-year extensions may be made for command officers and service personnel upon request of the employee and with the approval of the Chief of Police and the City Manager.
(c) The mandatory retirement age as set forth in this section shall be applicable to all members of the police pension system who have met the minimum requirements with respect to length of service under A.R.S. §§ 9-924– 9-928, as amended.
(Code 1962, § 29-5)
DIVISION 2.
SPECIAL POLICE OFFICERSSec. 2-124. Definitions.
Chief of Police: The Chief of Police of the City of Phoenix.
City: The City of Phoenix in the State of Arizona.
Special police officer: A male or female adult appointed by the Chief of Police, at his discretion, under the authority of this division.
Cross references: Definitions and rules of construction generally, § 1-2.
Sec. 2-125. Special police officer system established.
There is hereby established in and for the City of Phoenix a special police officer system.
(Code 1962, § 29-13)
Sec. 2-126. Purpose of special police officers.
The purpose of the appointment of special police officers is to further the public peace by giving authority to certain individuals to enforce City and State laws in areas not usually covered by the City Police Department.
(Code 1962, § 29-14)
Sec. 2-127. Appointment of special police officers by Chief of Police.
The Chief of Police shall have the authority, and is hereby authorized, to appoint male or female persons to be known as special police officers, said special police officers to serve under the rules and regulations as provided by the Chief of Police.
(Code 1962, § 29-15)
Sec. 2-128. Application blanks.
The Chief of Police shall make available application blanks designed to require the information necessary for determining the eligibility for appointment of the special police officers under this division.
(Code 1962, § 29-16)
Sec. 2-129. Qualifications of special police officers.
(a) To be eligible for consideration by the Chief of Police for appointment as a special police officer, a person shall:
(1) Be not less than twenty-one years of age;
(2) Be a resident of this City;
(3) Be a citizen of the United States and of good moral character, and able to read and write the English language understandably; and
(4) Show proof to the satisfaction of the Chief of Police that the applicant has a liability and indemnity insurance policy and bond, indemnifying the City and Chief of Police for any loss occasioned by the acts of the special police officers.
(b) The Chief of Police may, at his discretion, refuse to appoint a person even though he or she may fulfill the above qualifications.
(Code 1962, § 29-17)
Sec. 2-130. Oath of office.
Each person appointed special police officer by the Chief of Police shall be sworn to faithful performance of the required duties as outlined by said Chief of Police.
(Code 1962, § 29-18)
Sec. 2-131. Pre-assignment training.
The Chief of Police may, in his discretion, and at no cost to the Police Department, nor to the City of Phoenix, conduct a period of pre-assignment formal training as the Chief of Police shall find necessary to the performance of said required duties.
(Code 1962, § 29-19)
Sec. 2-132. Assignment to specified localities and duties.
The Chief of Police shall have full discretionary authority to assign the special police officers to such localities and to such limited duties as shall be best suited to fulfill the required needs.
(Code 1962, § 29-20)
Sec. 2-133. Supervision by Chief of Police of duties of special police officers.
The Chief of Police shall be the sole supervisor of the duties of the special police officers and may remove the special police officers at his discretion.
(Code 1962, § 29-21)
Sec. 2-134. Compliance with Police Department regulations and acts of the Council.
Special police officers shall adhere to and be governed by the rules and regulations laid down for the guidance of the Police Department members insofar as such rules and regulations are applicable to and consistent with the special and limited class of duty prescribed for special police officers by the Chief of Police. Special police officers shall also comply with all other applicable ordinances, rules and regulations adopted by the City Council, and as instructed by the Chief of Police.
(Code 1962, § 29-22)
Sec. 2-135. Official status of special police officers.
Special police officers shall not be a part of, nor affiliated or connected in any official capacity with the City of Phoenix Police Department. Special police officers shall exercise such limited police powers as may be delegated to them by the Chief of Police. The special police officers shall not be subject to, or acquire any rights under, the civil service rules or the Police Pension Fund Act of the State of Arizona or of this City.
(Code 1962, § 29-23)
Sec. 2-136. Badge and equipment.
The Chief of Police shall designate the type of badge and specify the type and color of uniform, at his discretion, for the special police officers. The special police officers shall conform to those specifications and regulations as designated by the Chief of Police and shall purchase badges, equipment and uniforms at their own expense and at no expense to the City of Phoenix or the Police Department of the City of Phoenix.
(Code 1962, § 29-24)
Sec. 2-137. Compensation.
Special police officers shall receive no compensation from the City of Phoenix or the Police Department for duties performed.
(Code 1962, § 29-25)
Sec. 2-138. Dismissal.
The Chief of Police shall have the authority to dismiss special police officers when he finds such dismissal to be in the best interest of the City. Vacancies for the number of special police officers so appointed shall be within the sole discretion of the Chief of Police.
(Code 1962, § 19-26)
Sec. 2-139. Honorary appointments prohibited.
The Chief or Police shall not appoint any person as a special police officer who does not, or will not, serve as an active special police officer as specified herein and as specified by the Chief of Police.
(Code 1962, § 29-27)
Sec. 2-140. Reserved.
Editor's note: Section 2-140 was repealed; see Ord. No. G-1869, § 1.
DIVISION 3.
POLICE RESERVE OFFICERSSec. 2-140.1. Definitions.
Chief of Police: The Chief of Police of the City of Phoenix.
City: The City of Phoenix, Arizona.
Reserve police officer: An adult person appointed as a "reserve police officer" by the Chief of Police at his discretion, under the authority of this division.
(Ord. No. G-904, § 1)
Cross references: Definitions and rules of construction generally, § 1-2.
Sec. 2-140.2. Reserve police officer system established.
There is hereby established in and for the City a police reserve system.
(Ord. No. G-904, § 1)
Sec. 2-140.3. Purpose of reserve police officers.
The purpose of the appointment of reserve police officers is to preserve the public peace and to promote general welfare of the City by giving authority to certain persons to assist regular police officers of the City in enforcing City ordinances and State statutes.
(Ord. No. G-904, § 1)
Sec. 2-140.4. Appointment of reserve police officers by Chief of Police.
The Chief of Police is hereby authorized to appoint adult residents of Maricopa County to be reserve police officers. Such officers shall serve under rules and regulations promulgated by the Chief of Police and approved by the City Council of the City of Phoenix, but in no event shall such officers have powers superior to those of private citizens unless such officers be acting as reserve police officers under the general supervision of regular police officers of the City who are themselves on duty.
(Ord. No. G-904, § 1; Ord. No. G-1103, § 1; Ord. No. G-1251, § 1)
Sec. 2-140.5. Qualifications for appointment; applications.
The Chief of Police shall determine such additional qualifications for appointment and duty as a reserve police officer, and shall pass on all applications for appointment as a reserve police officer.