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ARTICLE II. CITY COUNCIL Section 2.01. Composition, eligibility, terms and election. (a) Composition. There shall be a City Council consisting of a mayor and six councilmembers elected from the city at large by the qualified electors of the city. The term councilmember shall include the mayor except where the mayor is specifically mentioned. (b) Eligibility. Only qualified electors of the city shall be eligible to hold the office of mayor or councilmember. Each candidate must have been a resident of the city or an annexed area for at least two years immediately preceding his THEIR election. (c) Term of Councilmembers. The term of office of councilmembers shall commence at the first regular meeting of the City Council in January following their election and, except as otherwise provided herein, shall be for a period of four (4) years or until their successors are elected and qualified. (d) Term of mayor. The term of office of mayor shall commence at the first regular meeting of the City Council in January following the mayor’s election and shall be for a period of four (4) years or until the mayor’s successor is elected and qualified. (e) Limitation of terms. (1) No person shall be eligible to be elected to the office of councilmember for more than two (2) consecutive terms. A person who is elected to two (2) consecutive terms as a councilmember shall not be eligible to hold the office of councilmember again until four (4) years have elapsed since the end of the last term served as a councilmember, except as provided in subsection 2.06(c). (2) No person shall be eligible to be elected to the office of mayor for more than two (2) consecutive terms. A person who is elected to two (2) consecutive terms as mayor shall not be eligible to hold the office of mayor again until four (4) years have elapsed since the end of the last term served as mayor, except as provided in subsection 2.06(c). (3) No person shall be eligible to be elected to the office of councilmember or mayor after serving sixteen (16) consecutive years of combined service in those offices until four (4) years have elapsed since the end of the last term served, except as provided in subsection 2.06(c). (4) No person who has served two (2) four-year terms as councilmember followed by a break in service of two years or less and two (2) four-year terms as mayor shall be eligible to hold the office of mayor or councilmember until at least four (4) years have elapsed since the end of the last term served, except as provided in subsection 2.06(c). (5) Councilmembers who resign for any reason other than to run for mayor as required under state law and this charter and mayors who resign shall not be eligible for re- election or appointment until the second succeeding city election following the date of tender of their written resignation, except as provided in subsection 2.06(c). (6) Elected or appointed terms of less than four (4) years as councilmember or mayor shall not be counted in the above time limitations. (f) Elections. Elections for Mmayor and councilmember shall be held as provided in article VII of this Charter. Section 2.02. Compensation and expenses. The council may determine the annual compensation of the mayor and councilmen COUNCILMEMBERS by ordinance. No ordinance increasing such salary shall become effective until after the next COUNCIL election following the creating ADOPTION of the ordinance, provided that such election follows the adoption of such ordinance by at least six (6) months. In addition, the mayor and councilmen COUNCILMEMBERS shall receive their actual and necessary expenses incurred in the performance of their OFFICIAL duties of office CONSISTENT WITH THE THEN-ADOPTED BUDGET AND THE EXPENSE REIMBURSEMENT POLICIES OF THE CITY. Section 2.03. Mayor and vice-mayor. (a) Mayor. The mayor shall have the same powers, rights and responsibilities as a member of the council and shall be its presiding officer. In addition, he THE MAYOR shall be recognized as the head of the city government for all ceremonial purposes and by the governor for purposes of military law and civil defense. He THE MAYOR shall from time to time communicate to the city council such information and recommend such measures as may, in his THEIR judgment, tend to the improvement of finances, law enforcement, health and comfort of the citizenry and good government of the city. Neither the mayor nor any other council member shall have any administrative duties. (b) Vice-mayor. Within thirty-one (31) days after taking office, each council shall elect from among its members a vice-mayor who shall act as mayor during the temporary absence or disability of the mayor. Section 2.04. General powers and duties. Policy making and all other powers of the city shall be vested in the council, except as otherwise provided by law or this charter., and tThe council shall provide for the exercise thereof OF THE POWERS OF THE CITY and for the performance of all duties and obligations imposed on the city by law. Section 2.05. Prohibitions. (a) Holding other office. Except where authorized by law, no councilman COUNCILMEMBER shall hold any other elected public office or city OF CHANDLER employment during the term for which he was THEY WERE elected to the council. (1) In the event IF a councilman COUNCILMEMBER whose term of office will not expire until after the date BEFORE the next mayor takes office wishes to run for the office of mayor, he THEY shall resign from office when he takes out UPON FILING THEIR nomination papers from WITH the office of the city clerk or one hundred five (105) days prior to the primary election, whichever first occurs. The RESULTING vacancy so created shall be temporarily filled by a majority vote of the remaining members of the council COUNCILMEMBERS who shall appoint a qualified elector to serve until the first regular meeting of the city council in March JANUARY following the forthcoming NEXT REGULAR election. If the council fails to make such an appointment within thirty (30) FORTY-FIVE (45) days of the occurrence of the resignation, the seat shall remain vacant until the forthcoming NEXT REGULAR election. The unexpired term of the vacancy which occurs as a result of any councilman who resigns RESULTING FROM A COUNCILMEMBER’S RESIGNATION to run for the office of mayor shall be filled at the forthcoming NEXT REGULAR election. A qualified elector running for the unexpired term shall so state in such elector's THEIR nomination papers. (2) No former mayor or councilman COUNCILMEMBER shall hold any compensated appointive city office or employment until two (2) years after the expiration of the THEIR ELECTED OR APPOINTED term for which he was elected or appointed to the council or until he ceases THEY CEASE to occupy the office of councilman COUNCILMEMBER or mayor, WHICHEVER COMES LATER. (b) Appointments and removals. Neither the council nor any of its members shall in any manner dictate the appointment or removal of any city administrative officers or employees whom the CITY manager or any of his THEIR subordinates are empowered to appoint, but the council may express its views and fully and freely discuss with the CITY manager anything pertaining to THE appointment and removal of such officers and employees. (c) Interference with administration. Except for the purpose of inquiries or investigations authorized under section 2.11 of this Ccharter, the council or its members shall deal with city officers and employees who are subject to the direction and supervision of the CITY manager solely through the CITY manager, and neither the council nor its members shall give any orders to any such officer OFFICERS or employee EMPLOYEES, either publicly or privately. (d) Strikes and binding arbitration prohibited. Strikes by municipal employees in the City of Chandler are strictly prohibited in order to insure TO ENSURE the safe and orderly delivery of services as well as the protection of lives and public safety. The City of Chandler and its employees have an obligation to the public to assureMAINTAIN the orderly and continuous operation and function of city government. The citizens of Chandler have a fundamental interest in the development of FOSTERING harmonious and cooperative relations between RELATIONSHIPS AMONG city government, its managers, and its employees. The principle and procedure of full communication between the Ccity and its employees or their representatives can alleviate various forms of strife and unrest. In order to TO promote harmonious relations within city government, the Ccity, its employees and their representatives, acting within the framework of law, may enter into discussions with affirmative willingness relating to department policy, grievances, wages, hours and other conditions of employment. It is in the public interest to promote the improvement of employer/employee relations by providing a rational structure to resolve differences and enter into agreements through a "Meet and Confer" process. The Meet and Confer process shall provide for formal discussion between the Ccity Mmanager or his/her THEIR representative and representatives of employees in a given department or departments if a majority of such employees have designated an employee organization to represent them. The results of those discussions shall be submitted to the Mmayor and Ccouncil for their approval, rejection or modifications. The decision of the Mmayor and Ccouncil shall be final and binding on all parties. To the extent that agreements are reached, they shall continue until or unless modified by the parties involved. The process and procedure for a "Meet and Confer" process shall be developed by the Mmayor and Ccouncil. Section 2.06. Vacancies; forfeiture of office; filling of vacancies. (a) Vacancies. The office of mayor or councilman COUNCILMEMBER shall become vacant upon his THEIR death, resignation, forfeiture of office, or removal from office in any manner authorized by law. (b) Forfeiture of office. The mayor or a councilman COUNCILMEMBER shall forfeit his THEIR office if heTHEY: (1) Lacks LACK at any time during his THEIR term of office any qualification for the office prescribed by this charter or by law; (2) Violates VIOLATE any express prohibition of this charter; (3) Is ARE convicted of a crime involving moral turpitude; or (4) Fails FAIL to attend three consecutive regular meetings of the council without being excused by the council. (c) Filling of vacancies. In the event of a vacancy in ON the council, including the office of mayor, the council SHALL, by a majority vote of its remaining members, shall appoint a qualified person to serve for the unexpired term. If the council fails to make such an appointment within thirty (30) FORTY-FIVE (45) days following the occurrence of the vacancy, the council shall call a special election to fill the vacancy. Such election shall be held not later than one hundred twenty (120) days following the occurrence of the vacancy, and shall otherwise be TO BE HELD AS SOON AS PRACTICABLE AND governed by the provisions of Article VII hereof OF THIS CHARTER. The person elected to such office at the special election shall hold office for the entire REMAINDER OF THE unexpired term. (d) Temporary Vacancies; Active Duty Military. In the event IF a councilmember, including the office of mayor, receives military orders for active duty and the period of active duty is projected to last at least four (4) months 120 DAYS but less than the remainder of the councilmember's THEIR term, the councilmember's THEIR office may be temporarily vacated as set forth below. If a councilmember is unable to CANNOT attend meetings either personally or telephonically IN PERSON OR REMOTELY, the council, by a majority vote of its remaining members, may appoint a qualified person to serve until the councilmember returns from active duty THEIR RETURN or until the councilmember's THEIR term expires ENDS, whichever occurs first. (e) Temporary Vacancies; Injury or Illness. In the event IF a councilmember, including the office of mayor, incurs SUFFERS an injury or illness which the councilmember projects will preclude the councilmember from attending council meetings THAT IS EXPECTED TO PREVENT MEETING ATTENDANCE, either personally IN PERSON or telephonically REMOTELY, for at least a four (4) month 120-DAY period but less than the remainder of the councilmember's THEIR term, the councilmember's THEIR office may be temporarily vacated as set forth below. If a councilmember temporarily vacates their office due to injury or illness, AND the council by a majority vote of its remaining members can appoint a qualified person to serve until the councilmember is able to attend meetings RESUMES ATTENDANCE or until the councilmember's THEIR term expires ENDS, whichever occurs first. Section 2.07. Judge of qualifications. The council shall be the judge of the election and qualifications of its members and of the grounds for forfeiture of their office OFFICES. and fFor that THIS purpose, THE COUNCIL shall have THE power to subpoena witnesses, administer oaths, take testimony and require the production of evidence. A member charged with conduct constituting grounds for forfeiture of his office shall be entitled to a public hearing on demand REQUEST, providing such demand THE REQUEST is made in writing within two (2) weeks of the filing of the charge. , and nNotice of such THE hearing shall be published in one or more newspapers of general circulation in the city at least one week in advance of PRIOR TO the hearing. Decisions made by the council under this section shall be subject to JUDICIAL review by the courts. Section 2.08. Administrative offices and departments. The council, by ordinance not inconsistent with this Charter, CITY MANAGER shall provide for ESTABLISH the organization, conduct and operation, AND ADMINISTRATION of the several CITY’S VARIOUS offices and departments. of the city as established by this Charter, for the creation of THIS INCLUDES THE AUTHORITY TO CREATE additional departments, divisions, offices, and agencies, and for their consolidation, alteration or abolition TO CONSOLIDATE, ALTER, OR ABOLISH THEM ACCORDING TO THE OPERATIONAL NEEDS OF THE CITY AND WITH THE REVIEW AND APPROVAL OF THE CITY COUNCIL. The council, by ordinance not inconsistent with this Charter, may assign additional functions or duties to offices, departments or agencies. Where the positions are not incompatible, the council may combine in one person the powers and duties of two (2) or more offices created or authorized by this charter. The council shall provide for the number, titles, qualifications, powers, and duties, and compensation of all offices and employees of the city. Section 2.09. Appointive officers. (a) City clerk. The council shall appoint an officer of the city who shall have the title of city clerk, and who shall give notice of all council meetings, keep the journal of the council's proceedings, authenticate by his signature and record in full, in books kept for the THAT purpose, all ordinances and resolutions, and shall perform such other duties as shall be required by this Ccharter or by ordinance. THE CITY CLERK will SHALL serve at the pleasure of the council. (b) City attorney. There THE COUNCIL shall be APPOINT a city attorney, appointed by the council. He WHO shall serve as THE chief legal advisor to the council, the CITY manager, and all city departments, offices and agencies. He THE CITY ATTORNEY shall represent the city in all legal proceedings and shall perform any other duties prescribed by this Ccharter, law, or ordinance. He THE CITY ATTORNEY shall serve at the pleasure of the council and shall furnish PROVIDE WRITTEN LEGAL OPINIONS to the council and city such written legal opinions concerning matters which are in the city's interest as AS REQUESTED, EITHER BY the council AS A WHOLE OR BY INDIVIVIDUAL MEMBERS, in a body, or individually, may from time to time request. (c) City magistrate. There shall be a city court with jurisdiction as established by law. The presiding officer shall be the city magistrate, who shall be appointed by the council for a term of two (2) years and may be removed by the council SUBJECT TO REMOVAL for cause. Reappointment of the magistrate shall be at the pleasure of the council. (d) City manager. There shall be aA city manager SHALL BE appointed in accordance with Article III of this Ccharter. (e) Temporary officers. Each appointive officer shall nominate a substitute to fill any vacancy occasioned by his THEIR temporary absence from his dutiesDUTY. FOR TEMPORARY ABSENCES LONGER THAN 30 DAYS, Tthis substitute shall be affirmed by the council. (f) Reports. Each appointive officer will make SHALL PROVIDE such reports as the council may require concerning REGARDING the operation OPERATIONS of his THEIR department. (g) Public hearing. Any COUNCIL-APPOINTED officer appointed by the council, if WHO IS dismissed, shall be entitled TO A PUBLIC HEARING, upon SUBMITTING A WRITTEN request filed in writing within thirty (30) days, to a public hearing. However, tThe action of the council shall be final and conclusive, it being the intention of AS this Ccharter INTENDS to vest all authority and fix all responsibility for such suspension and removal in the council. Section 2.10. Disposal of impounded goods. The city council shall have the power AUTHORITY to adopt an ordinance providing for the disposition of lost, and found, and OR impounded items by PROPERTY THROUGH public sale, with the proceeds going DEPOSITED into the CITY’S general fund. Section 2.11. Investigations. The council may make investigation INITIATE INVESTIGATIONS into the affairs of the city and the conduct of any city department, office, or agency. For this purpose, it THE COUNCIL may subpoena witnesses, administer oaths, and take testimony, and require the production of evidence, a , All SUCH PROCEEDINGS of which shall be conducted in public hearings. Any person who fails or refuses to obey COMPLY WITH a lawful order issued in the exercise of these powers by the council UNDER THIS AUTHORITY shall be guilty of a misdemeanor and punishable SUBJECT TO PENALTIES as directed PRESCRIBED by council ordinance. A VALID INVESTIGATION MAY ONLY COMMENCE WITH Aan affirmative vote of five (5) members of the council shall be obtained before a valid investigation may commence. Section 2.12. Procedure. (a) Meetings. The council shall meet regularly at least twice in every EACH month at such times and places as the PRESCRIBED BY council may prescribe by resolution. Special meetings may be held on the call of CALLED BY the mayor or of BY four (4) or more members and, whenever practicable, upon no less than twelve (12) hours’ notice to each member. News media located in THE city shall be given prior notice of the time and place of such meetingMEETINGS. All meetings shall be public. However, the council may recess for the purpose of discussing in INTO a closed or executive session, limited to its own membership, TO DISCUSS: (1) litigation where INVOLVING the city is a party, (2) real estate transactions, or any matter which would tend to (3) MATTERS THAT COULD defame or prejudice the character or reputation of any person, provided that the general subject matter for consideration is expressed STATED in the motion calling for such session and that no action thereon shall be IS taken by the council except at DURING a public meeting. Pre- sessions or briefing sessions are permissible PERMITTED to brief councilmen COUNCILMEMBERS on the items included in the agenda ITEMS. (b) Rules and journal. The council shall determine its own rules, order of business, and conduct of public meetings and shall provide for keeping MAINTAIN a journal of its proceedings. This journal shall be A public record. (c) Voting. Voting, except on procedural motions, shall be by roll call, and may be accomplishedCONDUCTED orally or by means of VIA a device which THAT displays the vote of each councilmember COUNCILMEMBER’S VOTE. The ayes and nays shall be recorded in the journal. No member of the council may abstain from voting unless he be disqualified by reason of DUE TO A financial interest or personal involvement in the subject matter. Four (4) members of the council shall constitute a quorum;, but a smaller number may adjourn from time to time and may compel the attendance of absent members in the manner and subject to the penalties AS prescribed by the rules of the council RULES. No COUNCIL action of the council, except as otherwise provided in the preceding sentence and in section 2.06 of this Charter, shall be valid or binding unless adopted by the affirmative vote of AT LEAST four (4) or more members, EXCEPT AS OTHERWISE STATED IN THIS SECTION AND SECTION 2.06 of the council. (d) Consideration of petitions. Any citizen may PERSON SHALL have the right to present a petition to the council, SUBJECT according to such rules, regulations and procedure PROCEDURES as the council may prescribe. Section 2.13. Action requiring an ordinance. In addition to other acts required by law or by specific provisions of this Ccharter to be done by ordinance, those acts THE FOLLOWING ACTIONS of the city council shall be by ordinance which: (a) Adopt or amend a city code or establish, alter or abolish any city department, office or agency. (b) Provide for a fine or penalty, or establish a ANY rule or regulation for WHICH A violation of which RESULTS IN a fine or other penalty is imposed. (c) Create taxes. (d) Grant, renew or extend a franchise. (e) Regulate the rates and fees charged for its services by a public utility. (fe) Authorize the borrowing of money. (gf) Lease city lands and CITY-OWNED LAND OR property for a period of three (3) years or more, or to AUTHORIZE convey same or to authorize leases for a period of three (3) years or more, or the conveyance of any CITY lands or property of the city. (h) Reserved. (ig) Amend or repeal any ordinance previously adopted ORDINANCE, except as otherwise provided in Article VIII of this Ccharter, with respect to CONCERNING repeal of ordinances reconsidered under the referendum power. (jh) Provide for the levy AND COLLECTION of assessments, the collection thereof, or THE enforcement of liens on real property within the city. (ki) Provide for the appropriation or expenditure of APPROPRIATE OR EXPEND any public money in excess of the sum of EXCEEDING one-tenth of one per cent of the CURRENT annual budget, unless the amount has been ALREADY appropriated in the adopted budget. (lj) Provide for establishing or changing ESTABLISH OR MODIFY fire limits. Section 2.14. Conduct of the council as to powers authorized by charter when no procedure is established by state law. Whenever, by any A provision of this Ccharter, it is prescribed PRESCRIBES that any power, duty, or procedure shall or may be exercised, performed, or adopted in the manner established by any law of this state LAW, and there be no SUCH procedure established by EXISTS UNDER STATE law therefor, then the council shall ESTABLISH THE PROCEDURE by ordinance prescribe the procedure. Section 2.15. Ordinances in general. (a) Form. Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain more than one subject, which shall be clearly expressed in its title. The enacting clause shall be READ: "Be it ordained by the City Council of the City of Chandler". (b) Procedure. ANY MEMBER OF THE COUNCIL An ordinance may be introduced by any member INTRODUCE AN ORDINANCE at any regular or special meeting of the Council. (1) Upon introduction of any proposed ordinance, the city clerk shall distribute a copy to each Ccouncil member and to the CITY manager. After FOLLOWING tentative approval by the City Ccouncil, the city clerk shall file a reasonable number of copies in his THEIR office and such other public places asLOCATIONS DESIGNATED BY the Ccouncil. may designate and shall publish it at least one time, THE ORDINANCE SHALL BE PUBLISHED AT LEAST ONCE by ordinance title only, together with a notice setting out STATING the time and place for OF its FORMAL consideration by the Council. (2) Consideration by the Council shall follow the publication within thirty (30) days. It may be held separately or in connection with a regular or special Council meeting and may be adjourned from time to time. All persons interested shall have an opportunity to be heard. (32) After consideration the Ccouncil may adopt, alterAMEND, or reject the ordinance. If it is altered AMENDED AS TO ANY MATTER OF SUBSTANCE, the Ccouncil may not adopt it until the ordinance, or its amended sections have been subjected to all the procedures hereinbefore required in the case of FOR a newly introduced ordinance. (4) As soon as practicable after adoption of any ordinance, the city clerk shall PUBLISH THE ORDINANCE have it published in full at least two times, with the second publication to follow the first by at least six days. (c) Effective Date. Except as otherwise provided in this charter, every adopted ordinance shall become effective at the expiration of thirty (30) days after adoption or at any later date specified therein STATED IN THE ORDINANCE. (d) "Publish" Defined. As used in this charter, the term "publish" means to print, at least one time, ONCE in one or more newspapers of general circulation in the city. The posting of an ordinance POSTING in one or more public places shall never NOT be required in order to make it effective FOR AN ORDINANCE TO TAKE EFFECT. Section 2.16. Emergency ordinances. (a) "Emergency" Defined. As used in this section, an emergency ordinance is one necessary to meet a public emergency affecting life, health, property, or the public peace. (b) Matters Not to be Classified as "Emergencies". Ordinances granting, renewing or extending a franchise or regulating the rate charged by THE CITY any public utility for its PUBLIC services, except as otherwise provided in this charter, shall never NOT be classified as emergency measures. (c) Procedure. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance. The ordinance shall contain, in one A section, after FOLLOWING the enacting clause, a declaration stating that an emergency exists and describing in clear and specific terms the reasons for ITS the necessity. of declaring such ordinance to be an emergency measure; t This section shall be passed only by the AN affirmative vote of at least six (6) members upon a separate roll call thereonVOTE. (d) Adoption. An emergency ordinance may be adopted with or without amendment, or rejected at the meeting at which it is introduced, but the. AN affirmative vote of at least six (6) members shall be required for adoption. The ordinance shall become effective upon adoption or at such A later time as may be specified therein IN THE ORDINANCE. After adoption, the ordinance shall be published as prescribed for other ordinances. Section 2.17. Codes and public records. (a) Procedure. The Ccouncil may adopt any standard code or public record by reference thereto in an adopting ordinance in the manner set forth in ACCORDANCE WITH the statutes of the state of Arizona. The procedure and requirements governing such an adopting ordinance shall otherwise be as FOLLOW THOSE prescribed for ordinances generally. (b) Distribution. Copies of any adopted standard code or public record shall be made available by the city clerk for PUBLIC distribution or for purchase at a reasonable price. Section 2.18. Authentication, recording, codification, printing. (a) Authentication and Recording. The city clerk shall authenticate, by his signature, and FULLY record in full in a properly indexed book kept for that purpose, all ordinances and resolutions adopted by the Ccouncil. (b) Codification. Within thirty (30) days of the effective date of this charter, the Ccouncil shall provide for the INITIATE preparation of a general codification of all city ordinances and resolutions having the force and effect of law. Such THE codification shall be completed and be adopted by the Ccouncil by ordinance within two (2) years from the effective date of the charter. The code shall be printed promptly in loose-leaf form, and SHALL include this charter and any amendments thereto, pertinent provisions of the constitution and other laws of the state of Arizona, and such codes of technical regulations and other rules and regulations as the Ccouncil shall specify. This compilation shall be known and cited officially as "Chandler City Code". CopiesA COPY of the code shall be furnished to city officers, placed in libraries and public offices AVAILABLE ELECTRONICALLY for free public reference and made available for purchase by the public at a reasonable price fixed by the Ccouncil. The code shall be kept current. (c) Printing of Ordinances and Resolutions. The Ccouncil shall cause ENSURE THAT each ordinance, and resolution having the force and effect of law, and each CHARTER amendment to this charter to be IS printed promptly following its adoption. The printed ordinances, resolutions and charter amendments THESE DOCUMENTS shall be MADE AVAILABLE distributed or sold to the public at reasonable prices to be fixed by the Council. Following printing of the first City of Chandler Code and at all times thereafter, the AFTER THE INITIAL CHANDLER CITY CODE IS PUBLISHED, ALL ordinances, resolutions and charter amendments shall be printed in substantially the same FOLLOW A format CONSISTENT WITH as the CURRENT code currently in effect and shall be suitable in form for integration therewith. The Ccouncil shall make such further arrangements as it deems desirable with respect to MAY ESTABLISH ADDITIONAL PROCEDURES FOR THE reproduction and distribution OF THE CODE and other laws of the state of Arizona, REGULATIONS, AND or the codes of technical CODES regulations and other rules and regulations included in the code.