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AGENDA ITEM REVIEW FORM

5.E.

Regular City Council Meeting

Meeting Date:: 03/13/2019
Department Head:: Kay Macuil
Submitted By:: Kay Macuil, City Attorney, Attorney's Office

Action Requested:

Motion
Ordinance

ITEM:

Discussion and possible action on any and all matters regarding Ordinance No. 389. An ordinance of the Mayor and City Council of the City of San Luis, Arizona cleaning up sections of the City Code regarding the appointment of officers; repealing all conflicting provisions; and providing for severability. (Kay Marion Macuil, City Attorney)

A. Motion to approve the reading of Ordinance No. 389 by title only
(City Clerk to read Ordinance No. 389 by title only)
B. Action on Ordinance No. 389

SUMMARY:

This ordinance is a cleanup measure. There are different and conflicting City Codes on the appointment of the Chief of Police and the City Clerk.

A 1982 code provision on Officers was never amended after a 2009 amendment to the code changed how the Chief of Police is appointed, and a 2014 amendment changed how the Clerk is appointed. The following table shows the conflicting provisions.

Section 3-1-1 of the 1982 Code

Now Codified as Section 31-01

Amendments

CHAPTER 31: CITY OFFICERS

§ 31.01 OFFICERS.

There is hereby created the offices of City Manager, City Clerk, City Marshal (Chief of Police), City Attorney and City Magistrate who shall be appointed by the Council, and who shall serve at the pleasure of the Council, but subject to

§ 31.26.

(Prior Code, § 3-1-1)

CHAPTER 32: POLICE DEPARTMENT

§ 32.02 APPOINTMENT OF OFFICERS.

The Chief of Police shall be appointed by the City Manager, whose appointment shall be confirmed by the City Council, and shall serve at the pleasure of the City Manager on terms and conditions as may be approved by the City Council. The Chief of Police shall be subject to the direction of the City Manager. . . .

(Prior Code, § 4-1-2) (Ord. 9, passed 6-26-1980; Ord. 245, passed 9-13-2006; Ord. 281, passed 12-22-2009)

CHAPTER 31: CITY OFFICERS

§ 31.21 CITY CLERK.

(A) . . . The City Clerk shall be appointed and removed by the City Manager subject to ratification of the Council, . . .

(Ord. 331, passed 11-12-2014)

This Ordinance deletes the Chief of Police and City Clerk from the earlier code (Section 31.01), creates a chapter for the provisions on the City Clerk and moves the definition of City Marshal (same as Chief of Police) to the chapter on the Police Department.

RECOMMENDATION / SUGGESTED MOTION:

A. I MOVE TO APPROVE THE READING OF ORDINANCE NO. 389 BY TITLE ONLY.
(City Clerk to read Ordinance No. 389 by title only)

B. I MOVE TO APPROVE AND ADOPT ORDINANCE NO. 389.

Fiscal Impact

IS THERE FISCAL IMPACT ASSOCIATED WITH THIS ITEM:: N/A
CITY/STATE/FEDERAL FUNDS:: N/A
TOTAL:: N/A
BUDGETED AMOUNT:: N/A
AVAILABLE AMOUNT TO TRANSFER:: N/A
ACCT NAME & GL#/REMAINING BALANCE BEFORE PURCHASE:: N/A

FISCAL IMPACT STATEMENT (IF THIS IS A BUDGET TRANSFER, YOU MUST ATTACH THE BUDGET ADJUSTMENT FORM):

This merely a cleanup ordinance. There is no fiscal impact related to this item.

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