10.A.
City Council Meeting - FINAL
- Meeting Date:
- 09/16/2014
- From:
- Elizabeth A. Burke, City Clerk
Information
TITLE:
Consideration and Adoption of Ordinance No. 2014-26: An ordinance of the City Council of the City of Flagstaff, Arizona, repealing Ordinance No. 1951 related to City of Flagstaff Primary and General Election dates and Councilmembers terms, severability, and establishing an effective date. (Repealing prior ordinance setting election dates - future election dates to be considered at a later date)
RECOMMENDED ACTION:
1) Read Ordinance No. 2014-26 by title only for the final time
2) City Clerk reads Ordinance No. 2014-26 by title only (if approved above)
3) Adopt Ordinance No. 2014-26
2) City Clerk reads Ordinance No. 2014-26 by title only (if approved above)
3) Adopt Ordinance No. 2014-26
Policy Decision or Reason for Action:
Adoption of this ordinance would repeal Ordinance No. 1951 which was adopted in 1997 to align the election dates of the City (listed in the Charter) with those permitted by the State at that time. Further information is provided under Background Information.
Financial Impact:
None
Connection to Council Goal and/or Regional Plan:
COUNCIL GOALS:
11. Effective governance
11. Effective governance
Previous Council Decision on This:
First read of this ordinance took place on September 9, 2014, along with the reading and adoption of related Resolution No. 2014-31. Both the ordinance and resolution will become effective on October 16, 2014.
Options and Alternatives:
1) Adopt Ordinance No. 2014-26;
2) Amend Ordinance No. 2014-26;
3) Not adopt Ordinance No. 2014-26
2) Amend Ordinance No. 2014-26;
3) Not adopt Ordinance No. 2014-26
Background/History:
In 1997 Flagstaff City Council adopted Ordinance No. 1951 requiring primary and general elections to be held in March and May respectively of even-numbered years, to comply with A.R.S. §16-204. In 2012 the Arizona Legislature again amended A.R.S. §16-204, purporting to preempt cities and towns from holding primary and general elections other than the tenth Tuesday before the first Tuesday after the first Monday in November; and, the first Tuesday after the first Monday in November, respectively (simultaneous with state and national candidate elections). Subsequently, litigation was filed by the cities of Tucson and Phoenix challenging the state’s purported preemption of city charter provisions relating to local election dates.
The City Council determined it was in the best interests of the community to conform with A.R.S. §16-204 until the legality of the preemption was determined, and thus City Council candidate primary and general elections are proceeding on August 26 and November 4, 2014 respectively. On August 18, 2014, the Arizona Court of Appeals in City of Tucson, City of Phoenix v. Arizona et al, 2 CA-CV 2013-0146 ruled that A.R.S. §16-204 improperly intrudes on the constitutional authority of charter cities to establish election dates, but such decision is subject to appeal.
The City Council determined it was in the best interests of the community to conform with A.R.S. §16-204 until the legality of the preemption was determined, and thus City Council candidate primary and general elections are proceeding on August 26 and November 4, 2014 respectively. On August 18, 2014, the Arizona Court of Appeals in City of Tucson, City of Phoenix v. Arizona et al, 2 CA-CV 2013-0146 ruled that A.R.S. §16-204 improperly intrudes on the constitutional authority of charter cities to establish election dates, but such decision is subject to appeal.
Community Involvement:
Inform