| ITEM #: 6. DATE: 09/23/2024 AI #:2261 |
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CITY COUNCIL ACTION REPORT
| SUBJECT: | DELEGATION OF AUTHORITY TO THE CITY MANAGER TO EXERCISE CITY VEHICLE DESIGNATION |
| STAFF PRESENTER(S): | Brian Issitt, Chief of Police |
SUMMARY
Adoption of the proposed Resolution will authorize the delegation of authority to the City Manager to exercise the city-vehicle exemption pursuant to state law.
STRATEGIC PLAN ALIGNMENT
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RECOMMENDATION
ADOPT RESOLUTION NO. 2024-2423 DELEGATING TO THE CITY MANAGER THE AUTHORITY TO EXERCISE THE CITY VEHICLE DESIGNATION EXEMPTION PURSUANT TO ARIZONA REVISED STATUTE 38-538.03. (Brian Issitt, Chief of Police)
FISCAL IMPACT
No additional costs or other financial obligations are incurred as a result of the delegation of authority.
BACKGROUND AND PREVIOUS ACTIONS
Pursuant to Arizona Revised Statutes §§ 38-538 et al., government-owned vehicles should generally be marked and identified as vehicles belonging to the government and bear the words "for official use only." However, the provisions also include an exemption. Arizona Revised Statute Section 38-538.03 provides that some vehicles do not require official designations. The exemption includes vehicles used by government entities to conduct "felony investigations or activities of a confidential nature." An example would be undercover police vehicles needed for police operations.
STAFF ANALYSIS
State law specifically exempts certain government owned vehicles from the designation set forth in A.R.S. §§ 38-538 et al. The exempted vehicles include those vehicles used for undercover police operations. The proposed Resolution delegates this exemption authority, which is limited by state law, to the City Manager.
The designation of exempted vehicles pursuant to A.R.S. 38-538.03 is a primarily administrative task which the City Council may delegate to the City Manager. This delegation of authority is an efficient means in which to identify vehicles which qualify for the exemption without jeopardizing the confidential nature of certain public safety operations in public meetings. The delegation of this authority to the City Manager ensures compliance with both the designation exemption requirement and Arizona open meeting law.
The Chief of Police, in his sole designation, will assign the department's undercover vehicles. The City Manager shall provide an annual written notification to the City Council indicating the exemption designation process has been completed.
The designation of exempted vehicles pursuant to A.R.S. 38-538.03 is a primarily administrative task which the City Council may delegate to the City Manager. This delegation of authority is an efficient means in which to identify vehicles which qualify for the exemption without jeopardizing the confidential nature of certain public safety operations in public meetings. The delegation of this authority to the City Manager ensures compliance with both the designation exemption requirement and Arizona open meeting law.
The Chief of Police, in his sole designation, will assign the department's undercover vehicles. The City Manager shall provide an annual written notification to the City Council indicating the exemption designation process has been completed.