Chapter
2
ADMINISTRATION[1]
Art. I. In General, §§ 2-1—2-15
Art. II. Officers and Employees, §§ 2-16—2-130
Div. 1. Generally, §§ 2-16—2-25
Div. 2. City Court Judges and Hearing Officers, §§ 2-26—2-130
Art. III. Departments, §§ 2-131—2-145
Art. IV. Financial Affairs, §§ 2-146—2-180
Div. 1. Procurement, §§ 2-146—2-160
Div. 2. Claims and Demands Against City, §§ 2-161—2-179
Div. 3. Investments, § 2-180
Art. V. Boards, Commissions, Etc., §§ 2-181—2-314
Div. 1. Generally, §§ 2-181—2-190
Div. 2. Historical Museum Advisory Board, §§ 2-191—2-199
Div. 3. Municipal Arts Commission, §§ 2-200—2-204
Div. 4. Sponsorship Review Committee, §§ 2-205—2-214
Div. 5. Aviation Commission, §§ 2-215—2-224
Div. 6. Human Relations Commission, §§ 2-225—2-234
Div. 7. Golf Advisory Committee, §§ 2-235—2-244
Div. 8. Transportation Commission, §§ 2-245—2-254
Div. 9. Mayor's Youth Advisory Commission, §§ 2-255—2-264
Div. 10. Commission on Disability Concerns, §§ 2-265—2-274
Div.
11. Rio
Div.
12.
and Use of Force, §§ 2-285—2-294
Div.
13.
Div. 14. Neighborhood Advisory Commission, §§ 2-305—2-314
Div. 15. Redevelopment Review Commission, §§ 2-315—2-324 (Repealed)
Div. 16. Tardeada Advisory Board, §§ 2-325—2-334
Div. 17. Parks and Recreation Board, §§ 2-335—2-344
Div. 18. Library Advisory Board, §§ 2-345—2-354
Div. 19. Housing Trust Fund Advisory Board, §§ 2-355—2-364
Art. VI. Employer, Employee Relations Meeting and Conferring, §§ 2-400—2-474
Div. 1. In General, §§ 2-400—2-424
Div. 2. Meeting and Conferring, §§ 2-425—2-474
ARTICLE
I. IN GENERAL
Sec.
2-1. Compliance by city with applicable
laws.
The city and its officers and employees shall comply with all applicable state and federal laws.
Sec.
2-2. City manager may execute contracts.
The city manager is hereby authorized to execute all contracts and other documents or instruments in the name of the city during the absence or disability of the mayor and vice mayor. (Ord. No. 92.32, 7-30-92)
Sec. 2-3. Receipt and review of criminal history information.
(a) That the city council may examine criminal history information including non-conviction information concerning any employee or candidate for appointment to an employee position for which it is charged with the duty of administering under the charter of the city.
(b) That the safety officer and risk management personnel may examine criminal history information including non-conviction information concerning any incident which will involve any potential or actual liability, criminal or civil, on the part of the city or any incident which may give rise to a claim on behalf of the city and may furnish said information to the appropriate insurance or legal personnel charged with the responsibility of disposing of and collecting claims involving the city.
(c) That the financial services manager, city manager and city council, when acting as a licensing authority, may examine criminal history information including non-conviction information concerning any applicant for a license or permit required under this code or any other public law.
(d) That the human resources manager or designee may examine criminal history information including non-conviction information concerning any employee or candidate for appointment to a city position.
(Ord. No. 636.10, 4-13-78; Ord. No. 2002.56, 1-16-03)
Secs.
2-4—2-15. Reserved.
ARTICLE II. OFFICERS AND EMPLOYEES
DIVISION
1. GENERALLY
Sec.
2-16. Superintendent of streets.
(a) There is hereby established the office of superintendent of streets with all powers and duties as may be permitted by law for such office.
(b) The superintendent of streets shall automatically be the person appointed to hold the office of public works manager and any appointment to the office of public works manager shall also carry with it the appointment to the office of superintendent of streets.
(Code 1967, § 2-1; Ord. No. 2001.17, 7-26-01)
Cross reference—Streets and sidewalks, Ch. 29.
(Ord. No. 2000.41, 9-21-00; Ord. No. 2001.17, 7-26-01; Ord. No. 2002.13, 3-28-02)
Sec. 2-18. Assistant city
manager.
There is hereby established the office of assistant city manager working directly under and for the city manager. The obligations and duties of the assistant city manager include the establishment and maintenance of a receptive, supportive environment which encourages visionary, innovative and service driven leadership to city customers and staff; evaluates proposed actions for potential positive benefits and unforeseen consequences to the city and its citizens; participates in complex and sensitive negotiations and special projects for the city manager; provides strong visionary and innovative management leadership in accordance with the city’s mission and values; and provides highly responsible and complex administrative support to the city manager. The assistant city manager will manage such divisions and departments as the city manager directs from time to time.
(Ord. No. 2000.41, 9-21-00; Ord. No. 2001.17, 7-26-01; Ord. No. 2002.13, 3-28-02)
Sec. 2-19. City manager.
The city manager, pursuant and in addition to the duties and obligations set forth in the city charter, is hereby authorized to establish such working groups and divisions under his direct supervision as he may deem appropriate from time to time. The city manager directly supervises and oversees support staff, divisions and departments which are not otherwise assigned to an assistant city manager.
(Ord. No. 2000.41, 9-21-00; Ord. No. 2001.17, 7-26-01; Ord. No. 2008.06, 2-21-08)
Secs.
2-20—2-25. Reserved.
DIVISION
2. CITY COURT JUDGES AND HEARING
OFFICERS[2]
Sec.
2-26. Appointment and qualification of
judges.
(a) All judges of the city court of the city must meet the minimum following qualifications:
(1) Possess a law degree from an accredited law school and be a member of the State Bar of Arizona in good standing for a minimum period of five (5) years; and
(2) Have sufficient experience and temperament to preside over the city court and continue to meet all qualifications as may be established by the Arizona Supreme Court or as required by law for such judges.
(b) The presiding judge of the city court and such other judges as deemed necessary shall be appointed by the city council. The length of term of office for such judges shall be a minimum of two (2) years as determined by the city council.
(Ord. No. 1145, § I, 2-12, 5-16-85, in part; Ord. No. 94.14, 6-30-94)
Editor’s Note - Ord. No. 94.22, 7-14-94, expressed council
approval of the appointment of all judges of the City Court, regular and pro
tempore, to serve as juvenile hearing officers by the presiding judge of the
Maricopa County Juvenile Court.
Sec.
2-27. Filling of vacancies.
In the event of the death, resignation, suspension or removal of a city court judge, such vacancy may be filled for the unexpired term of office. The city council may suspend or remove a judge:
(1) For any reason authorized by law;
(2) Whenever the judge is unable to perform the duties of the office; or
(3) For failure to meet the minimum qualifications of the position.
(Ord. No. 1145, § I, 2-13, 5-16-85, in
part; Ord. No. 94.14, 6-30-94)
Sec.
2-28. Temporary judges.
Notwithstanding anything to the contrary in this division, the presiding judge of the city court may appoint judges to serve on a temporary or "pro tempore" basis. Such judges shall be compensated on a contractual or hourly basis, shall not be eligible for any benefits as a full-time employee and shall be appointed for a term as set forth by the presiding judge of the city court.
(Ord. No. 1145, § I, 2-14, 5-16-85, in
part; Ord. No. 94.14, 6-30-94)
Sec.
2-29. Appointment and qualifications of
court hearing officers.
(a) The presiding judge of the city court may appoint court hearing officers who shall have the power to hear and adjudicate civil offenses. Court hearing officers appointed by the presiding judge must meet the following qualifications:
(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; and
(2) Possess a law degree from an accredited law school or a bachelor's degree with at least three (3) 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 (2) years and may be removed during the term by the presiding judge for cause and after a hearing. Court hearing officers shall comply with all personnel rules and regulations of the city as applicable and shall be nonclassified exempt employees.
(c) The presiding judge of the city court may appoint one or more court hearing officers to serve on a temporary or "pro tempore" basis as may be required by the city court, to serve under the authority of the presiding judge. Such hearing officers shall be compensated on a contractual or hourly basis, shall not be eligible for any benefits as a full time employee and shall be appointed for a term as set forth by the presiding judge of the city court.
(d) The powers and duties of the court hearing officers shall be those as may be established by statute or the rules of the Arizona Supreme Court or the presiding judge of the city court relating to such hearing officers.
(Ord. No. 94.14, 6-30-94)
Sec.
2-30. Establishment of court user charge
and city court enhancement fund.
(a) A city court user charge of ten dollars ($10) shall be imposed by the city court on all offenses processed by the court which result in an order or agreement to pay any fine, sanction, penalty or assessment or participate in any court authorized diversion program. The user charge shall not be imposed on civil parking violations. The court user charge shall be collected by the court for deposit into the city court enhancement fund.
(b) A city court enhancement fund is hereby established for the exclusive purpose of enhancing technology, operation and facilities of the city court. The fund shall be administered by the presiding judge. Monies in the fund shall supplement funds provided to the city court through the city budget process and shall be used for city court technology, operation and facilities. Interest earned on monies in this fund shall be credited to the court enhancement fund.
(Ord. No. 95.38, 11-9-95)
Sec. 2-31. Judicial advisory board—establishment;
membership; powers and duties; operating procedures.
(a) There is hereby created a judicial advisory board, which shall have the purpose of recommending to the city council the best qualified persons to become city magistrate, and to evaluate the performance of and advise regarding the retention of current appointed magistrates. The board shall be composed of six (6) persons appointed by the mayor with the approval of the city council, as follows:
(1) The presiding judge of the Tempe Municipal Court, who shall serve as a non-voting ex-officio member except for the reappointment of the presiding judge;
(2) The presiding judge of the Maricopa County Superior Court, or designee who shall also be a judge of the Maricopa County Superior Court;
(3) Two (2) active members in good standing of
the State Bar of Arizona, who shall reside in the Tempe who shall be appointed
by the mayor from among three (3) nominees recommended by the State Bar's Board
of Governors. In no event shall either
member hold or have held any contract for professional services with
(4) Two (2) public members who are residents of
(b) The initial
officers of the board shall be selected by the mayor with the approval of the
city council. Thereafter, the officers
of the board shall be selected by the members at the first meeting following
the 31st day of December of each year and shall serve from January 1 until the
31st day of December of the next succeeding year. No officer may serve in the same capacity for
more than three (3) consecutive one-year terms.
None of the members of the board shall be an employee of the City of
(c) The Board shall have the following powers and duties:
(1) To seek out and encourage qualified individuals to apply for the office of city judge or presiding judge;
(2) To conduct investigations into the background and qualifications of candidates for a new appointment to the office of city judge or presiding judge, 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 get as much input as possible from
litigants, lawyers, witnesses, victims, jurors and staff of the city court in
any form practicable, including but not limited to surveys, and to hold public
hearings designed to permit interested parties and
groups to submit verbal or written comments on reappointments. Any mechanism chosen by the board to receive
public input concerning appointments or reappointment must be designed to allow
for confidential submissions to the board if so requested; and
(4) To submit its recommendations for candidates for appointment or reappointment to the office of city judge or presiding judge, without regard for race, religion, political affiliation, gender or sexual orientation, to the mayor and city council.
(d) The meetings of the board shall be held as needed for the purpose of reviewing applications for appointment or to conduct a reappointment review. A call for a meeting shall issue promptly upon learning of the existence or anticipated existence of a vacancy in the office of city judge or presiding judge or prior to the end of an existing term of a city judge or presiding judge eligible for reappointment.
(Ord. No. 2002.44, 10-24-02)
Sec.
2-32. Establishment of prosecution
assessment.
(a) The city court shall assess each person
prosecuted by the State in which an adjudication of guilt is entered a
prosecution assessment as established by city council resolution (see Appendix
A) for each case based upon a criminal or petty offense arising out of a
violation of Arizona Revised Statutes, the Tempe City Code or the City of Tempe
Zoning and Development Code.
(b) Upon
a finding of indigency or in the interests of justice, the city court may waive
this assessment if it also waives all other fees or assessments that it has
discretion to waive.
(c) The prosecution assessment shall be
collected by the city court for deposit into the city general fund.
(Ord. No. 2006.45, 6-1-06; Ord. No.
2008.47, 9-18-08)
Sec. 2-33. Establishment of warrant fees.
(a) When a judge of the city court issues a warrant for failure to comply with a term or condition of sentence on a criminal charge, an administrative fee may be imposed upon the person for whom the arrest warrant is issued and this fee shall be added to the amount set forth in the arrest warrant.
(b) The warrant fee may be waived or suspended when such waiver would be in the interest of justice. No person who is found to be indigent by the city court shall be required to pay the warrant fee.
(c) The warrant fee provided for in this section is hereby declared to be a cost recovery measure, administrative in nature, separate from and in addition to any sentence or conditions imposed by the city court. The city court shall set forth the requirement and amount of such warrant fee as a separate item in all orders and judgments.
(Ord. No. 2006.46, 6-1-06)
Sec.
2-34. Appointment and qualifications of
commissioners.
(a) The presiding judge of the city court may
appoint court commissioners who shall have the power to hear and adjudicate civil
offenses as well as criminal offenses on an as needed basis. Court commissioners appointed by the
presiding judge must meet the following qualifications:
(1) Possess a law degree from an accredited law
school and be a member of the State Bar of Arizona in good standing for a
minimum period of five (5) years;
(2) Have sufficient experience and temperament
to preside over the city court and continue to meet all qualifications as may
be established by the Arizona Supreme Court or as required by law for such
judges; and
(3) All qualifications as may be established,
from time to time, by the Arizona Supreme Court as may be required by statute
for hearing officers.
(b) Court commissioners shall be appointed for
a term of two (2) years and may be removed during the term by the presiding
judge for cause and after a hearing.
Court commissioners shall comply with all personnel rules and
regulations of the city as applicable and shall be nonclassified exempt employees.
(c) The powers and duties of the court
commissioners shall be those as may be established by statute or the rules of
the Arizona Supreme Court or the presiding judge of the city court relating to
such commissioners.
(Ord. No. 2007.13, 3-1-07)
Secs. 2-35—2-130. Reserved.
ARTICLE
III. DEPARTMENTS[3]
Sec.
2-131. Generally.
(a) Pursuant to § 4.01 of the city charter, there is hereby established the following departments:
(1) Community development department;
(2) Community relations department;
(3) Community services department;
(4) Development services department;
(5) Diversity department;
(6) Financial services department;
(7) Fire department;
(8) Human resources department;
(9) Information technology department;
(10) Internal audit department;
(11) Parks and recreation department;
(12) Police department;
(13) Public works department; and
(14) Water utilities department.
(b) All of the above departments shall be administered by an officer appointed by and subject to the direction and supervision of the city manager as provided in § 4.01(b) of the city charter.
(c) The departments may establish, with the approval of the city manager, such divisions and work groups as are deemed by the city manager to be in the best interest of the city.
(Ord. No. 2000.41, 9-21-00; Ord. No. 2000.52, 12-14-00; Ord. No. 2001.17, 7-26-01; Ord. No. 2002.13, 3-28-02; Ord. No. 2003.25, 9-11-03; Ord. No. 2005.18, 4-7-05; Ord. No. 2006.25, 4‑6‑06)
Sec. 2-132. Community
development department.
The community development department is responsible for city
redevelopment and revitalization, business recruitment and retention, and
(Ord. No. 2005.18, 4-7-05)
Sec. 2-133. Community relations
department.
The community relations department is responsible for the government relations, public information and media services, and neighborhood services functions of the city as well as for providing administrative support to the mayor and council.
(Ord. No. 2002.13, 3-28-02; Ord. No. 2005.18, 4-7-05)
Sec. 2-134. Community services
department.
(a) The community
services department plans, develops and provides a variety of services,
programs and facilities for the community including social services, cultural services,
and the
(b) The community services department shall be charged with the responsibility to carry out the following functions and services:
(1) To oversee the facilities, programs and services as assigned by the city manager and staffing of such boards, commissions or committees as may be established by the city council and assigned to be supported by the department;
(2) To establish and recommend to the city council and the city manager rules and procedures for the successful conduct of business relative to the facilities programs and services assigned;
(3) To make recommendations to the city council that will set by resolution the use of facility permit fee(s) and usage charges for nonprofit and profit groups to utilize on a temporary basis those portions of the facilities under the supervision of the community services manager as assigned; and
(4) To make recommendations to the city council that was set by resolution fees(s) and charges for individuals and groups to participate in programs and utilize services under the supervision of the department as assigned.
(Ord. No. 2000.41, 9-21-00; Ord. No. 2001.17, 7-26-01; Ord. No. 2002.13, 3-28-01; Ord. No. 2005.18, 4-7-05; Ord. No. 2006.25, 4-6-06)
Sec. 2-135. Development services
department.
(a) The development services department plans and directs development within the city, including development plan review, permitting and inspections, community planning and zoning, and customer service.
(b) The development services department shall be charged with the responsibility of fairly issuing building permits and fairly applying building codes, zoning ordinances and other development regulatory documents, which are approved by the city council, as well as responsibility for ensuring compliance with other codes and ordinances as designated by the city council or the city manager.
(Ord. No. 2000.41, 9-21-00; Ord. No. 2002.13, 3-28-02; Ord. No. 2005.18, 4-7-05)
Cross reference—Planning & development, Ch. 25.
Sec. 2-136. Diversity department.
(a) The diversity department is responsible for
facilitating a fair and equitable work environment for city employees.
(b) The diversity department coordinates the
city’s response to the diversity audit, functions as an ombudsman for city
employees, provides administrative support to the human relations commission
and coordinates community special events.
(c) The diversity department participates in
the investigation of administrative guidelines and human resource policies and
participates in the investigation and resolution of internal and external
harassment and discrimination complaints.
(d) The diversity department serves as a
resource for employees for issues relating to diversity and organizational
effectiveness and works with city departments to develop and improve diversity
programs and efforts.
(Ord. No. 2003.25, 9-11-03; Ord. No. 2005.18, 4-7-05)
Sec. 2-137. Financial services department.
(a) The financial services department is responsible for the accounting, budget, central services including procurement, reprographics and mail service, risk management and sales tax licensing and auditing functions of the city.
(b) The financial services department is responsible for administering Tempe City Code, Chapter 26A, Procurement.
(Ord. No. 2001.17, 7-26-01; Ord. No. 2002.13, 3-28-02)
Sec. 2-138. Fire department.
(a) The fire department provides fire suppression, hazardous material mitigation, fire and life safety code compliance, fire prevention, public education, emergency medical services, organization-wide disaster prevention activities and administrative support services to the city.
(b) The fire department is also involved in the inspection and enforcement of all state and local fire codes.
(Ord. No. 2000.41, 9-21-00; Ord. No. 2001.17, 7-26-01; Ord. No. 2002.13, 3-28-02)
Cross reference—Fire prevention & protection, Ch. 14.
Sec. 2-139. Human resources
department.
Section 4.02(b) of the city charter requires that a personnel officer be appointed by the manager to administer the personnel system. Pursuant to Section 103 of the Tempe Personnel Rules, the city manager is established as the personnel officer and may delegate any of the powers, duties and responsibilities therefor to any other employee of the city. All references to human resources director within the personnel rules refer to the human resources manager or the individual with day-to-day responsibility for city-wide human resources management. The human resources department shall be charged with the responsibility to carry out the following functions and services:
(1) To administer and coordinate employee relations such as grievances, merit hearings and diversity; to administer the city’s personnel rules and regulations, recruitment and selection program, classifications and compensation plans and performance evaluation programs; to administer employee fringe benefit programs; to administer and coordinate training and education efforts for city employees; and any such other related duties;
(2) To provide general administrative support such as maintenance of personnel records and transactions;
(3) To review criminal history information including non-conviction information concerning any employee or candidate for appointment to a city position. These applicants shall submit a full set of fingerprints to the human resources department for the purpose of obtaining a state or federal, or both, criminal records check pursuant to A.R.S. § 41-1750 and Public Law (PL) 92-544. The Department of Public Safety is authorized to exchange this fingerprint data with the Federal Bureau of Investigation. Fingerprints must be submitted on fingerprint cards provided by the city;
(4) The human resources manager or designee, in order to check the background of all prospective volunteers who will either be (i) in direct contact with minors or incapacitated adults while not under direct supervision of a regular city employee
or (ii) a prospective public safety volunteer, will require such prospective volunteer to be fingerprinted and to provide such fingerprints and such other information as may be needed by the Arizona Department of Public Safety to provide criminal history record information to the city to evaluate the background of the prospective volunteer and to exchange fingerprint identification with the Federal Bureau of Investigation for the purpose of obtaining criminal history record information on such individuals. The Arizona Department of Public Safety is authorized pursuant to A.R.S. § 41-1750 to provide criminal history information to the city human resources manager or designee to evaluate the fitness of the above specified prospective volunteers and to exchange fingerprint identification with the Federal Bureau of Investigation for the purpose of obtaining criminal history record information on such candidates; and
(5) The human resources manager or designee will keep all information obtained from the Arizona Department of Public Safety or the Federal Bureau of Investigation confidential and make such information available to other city personnel only as may be necessary to reach a determination as to the acceptability of the individual or as may be otherwise required by law. Specifically the information may be shared only as necessary with the mayor and city council of the city, the city manager or his designee and the city attorney's office.
(Ord. No. 2001.17, 7-26-01; Ord. No. 2002.13, 3-28-02; Ord. No. 2002.56, 1-16-03)
Sec. 2-140. Information technology department.
(a) The information technology department is responsible for providing shared resources, computer and voice systems, software solutions, customer support and information processing services to city departments and divisions.
(b) The information technology department plans, develops and administers high-speed information systems, applications and networks for the purposes of information sharing, business collaboration, citizen interaction and self-service.
(c) The information technology department provides electronic public access to city information and services using state-of-the-art internet technology.
(Ord. No. 2001.17, 7-26-01; Ord. No. 2002.13, 3-28-02)
Sec. 2-141. Internal audit
department.
(a) The internal audit department provides independent appraisal of city programs, policies and functions in order to help management perform more efficiently and effectively.
(b) The internal audit department examines financial reports, various records and procedures to determine compliance with applicable ordinances, regulations, policies and contractual provisions.
(c) The internal audit department evaluates the city’s internal control structure and recommends improvements that will help to safeguard the city’s assets.
(d) The manager of the internal audit department performs the duties of the taxpayer problem resolution officer, as outlined in § 16‑515 of this code.
(Ord. No. 2003.25, 9-11-03)
Sec. 2-142. Parks and recreation
department.
(a) The parks and recreation department plans,
develops and provides a variety of services, programs and facilities for the
community and administers parks and golf course maintenance activities for the
city.
(b) The parks and recreation department shall
be charged with the responsibility to carry out the following functions and
services:
(1) To oversee the facilities, programs and
services as assigned by the city manager and staffing of such boards,
commissions or committees as may be established by the city council and
assigned to be supported by the department;
(2) To establish and recommend to the city
council and the city manager rules and procedures for the successful conduct of
business relative to the facilities programs and services assigned;
(3) To make recommendations to the city council
that will set by resolution the use of facility permit fee(s) and usage charges
for nonprofit and profit groups to utilize on a temporary basis those portions
of the facilities under the supervision of the parks and recreation manager as
assigned; and
(4) To make recommendations to the city council
that was set by resolution fees(s) and charges for individuals and groups to
participate in programs and utilize services under the supervision of the
department as assigned.
(Ord. No. 2006.25, 4-6-06)
Sec. 2-143. Police department.
(a) The police department plans, develops, provides law enforcement services for the city, including patrol, crime prevention, communications, investigations, traffic, special enforcement, municipal jail, crime analysis and records.
(b) The police
department enforces the laws of the State of
(Ord. No. 2000.41, 9-21-00; Ord. No. 2001.17, 7-26-01; Ord. No. 2002.13, 3-28-02; Ord. No. 2006.25, 4-6-06)
Cross reference—
Sec. 2-144. Public works department.
The public works department plans, develops and administers engineering, construction, design and real estate services, building and custodial maintenance, refuse collection and disposal, recycling, street maintenance, traffic operations and maintenance, traffic studies and design, transit, equipment management, and transit activities for the city.
(Ord. No. 2000.41, 9-21-00; Ord. No. 2000.52, 12-14-00; Ord. No. 2001.17, 7-26-01; Ord. No. 2002.13, 3-28-02 Ord. No. 2006.25, 4-6-06)
Sec. 2-145. Water utilities
department.
(a) The water utilities department is responsible for the city’s water resources, water quality and water conservation.
(b) The water utilities department operates water treatment facilities, provides water delivery to all city water users, operates the city’s sanitary sewer system, provides customer service including meter reading and water billing, provides environmental services for the city, and administers the city’s industrial pretreatment program, its storm water program and its backflow prevention program.
(Ord. No. 2000.52, 12-14-00; Ord. No. 2001.17, 7-26-01; Ord. No. 2002.13, 3-28-02; Ord. No. 2006.25, 4-6-06)
ARTICLE IV. FINANCIAL AFFAIRS
DIVISION
1. PROCUREMENT[4]
Sec. 2-146. Repealed.
(Ord. No.
91.18, 7-25-91; Ord. No. 97.55, 12-11-97)
Sec.
2-147. Repealed.
(Code 1967, § 13-1—13-3; Ord. No. 90.28,
7-12-90; Code 1986, § 2-146; Ord. No. 91.18, 7‑25‑91; Ord. No.
97.55, 12-11-97)
Sec.
2-148. Repealed.
(Ord. No. 89.20, 4-27-89; Ord. No. 97.55,
12-11-97)
Sec.
2-149. Repealed.
(Ord. No. 89.20, 4-27-89; Ord. No. 97.55,
12-11-97)
Sec.
2-150. Repealed.
(Ord. No. 89.20, 4-27-80; Ord. No. 91.18,
7-25-91; Ord. No. 97.55, 12-11-97)
Sec.
2-151. Repealed.
(Ord. No. 89.20, 4-27-89; Ord. No. 97.55,
12-11-97)
Sec.
2-152. Repealed.
(Ord. No. 89.20, 4-27-89; Ord. No. 97.55,
12-11-97)
Sec.
2-153. Repealed.
(Ord. No. 89.20, 4-27-89; Ord. No. 97.55,
12-11-97)
Sec.
2-154. Repealed.
(Ord. No. 89.20, 4-27-89; Ord. No. 97.55,
12-11-97)
Sec.
2-155. Repealed.
(Ord. No. 89.20, 4-27-89; Ord. No. 97.55,
12-11-97)
Sec.
2-156. Repealed.
(Ord. No. 89.20, 4-27-90; Ord. No. 97.55,
12-11-97)
Sec.
2-157. Repealed.
(Ord. No. 91.18, 7-25-91; Ord. No. 97.55,
12-11-97)
Sec.
2-158. Repealed.
(Ord. No. 91.18, 7-25-91; Ord. No. 97.55,
12-11-97)
Sec.
2-159. Repealed.
(Ord. No. 91.18, 7-25-91; Ord. No. 97.55,
12-11-97
Sec.
2-160. Repealed.
(Ord. No. 91.18, 7-25-91; Ord. No. 97.55,
12-11-97)
DIVISION 2. CLAIMS AND DEMANDS AGAINST CITY[5]
Sec.
2-161. Repealed.
(Code 1967, § 13-11; Ord. No. 96.13, 6-6-96)
Sec.
2-162. Presentation of claims.
All claims against the city shall be presented as required
by
(Ord. No. 1101, § I, 8-16-84; Ord. No.
96.13, 6-6-96)
Sec.
2-163. Manner of approval or disapproval
of claims.
(a) All claims other than for damages shall be approved, negotiated or rejected by the city manager or his designee.
(b) All claims for damages shall be approved, negotiated or rejected by the risk manager where the amount thereof or the negotiated amount of payment does not exceed the sum of twenty-five thousand dollars ($25,000). Any claims payment for damages twenty-five thousand one dollars ($25,001) or greater but less than fifty thousand dollars ($50,000) shall be approved, negotiated or rejected by the risk manager with the approval of the city attorney's office. Any claims payment for damages fifty thousand dollars ($50,000) or greater but less than seventy-five thousand dollars ($75,000) shall be approved, negotiated or rejected by the risk manager upon approval of the claims committee which shall consist of the risk manager, a member of the city attorney's office and the financial services manager or their designees and the department manager representing the department to which the claim is being allocated. Any claims payment of seventy-five thousand one dollars ($75,001) or greater shall require the approval of the city council.
(Code 1967, §§ 13-13, 13-14; Ord. No. 1101, § II, 8-16-84; Ord. No. 96.13, 6-6-96; Ord. No. 2001.17, 7-26-01)
Sec. 2-164. Claims management procedures.
(a) The risk manager shall cause all claims to be processed in a timely manner by initiating the prompt investigation, evaluation, settlement or rejection of all claims in accordance with city claims management standards.
(b) The risk manager shall identify and
pursue recoveries for the city from all available sources. If litigation is needed to effect recovery,
the risk manager shall evaluate potential recovery against the legal costs and
make the appropriate determination as to whether or not to initiate the recovery
process.
(Code 1967, § 13-15; Ord. No. 96.13,
6-6-96)
Sec.
2-165. Repealed.
(Ord. No. 1101, § III, 8-16-84; Ord. No.
96.13, 6-6-96)
Sec.
2-166. Report to city council.
The city manager shall advise the city council of all claims and demands paid, together with the name of the vendors or payees, dates paid and amounts.
(Code 1967, § 13-17)
Secs.
2-167—2-179. Reserved.
DIVISION
3. INVESTMENTS
Sec.
2-180. Investment of temporarily idle
funds.
(a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
(1) Temporarily idle funds means public money which is not immediately required to meet normal operating requirements of the city.
(2) Permissible investments:
a. Obligations of the United States Government, its agencies and instrumentalities;
b. Fully insured or collateralized certificates of deposit and other evidences of deposit at banks and savings and loan associations;
c. Bankers' acceptances issued by the ten (10) largest domestic banks and the twenty (20) largest international banks, provided collateral meets the standards set by the financial services manager;
d. A-I/P-I rated commercial paper secured by
an irrevocable line of credit or collateralized by
e. Repurchase agreements whose underlying collateral consist of the foregoing;
f. Money market funds whose portfolios consist of the foregoing;
g. The
State of
(b) Prudent person rule. Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probably income to be derived.
(c) Authorization. The financial services manager shall have the authority to purchase and invest temporarily idle public funds in accordance with written policies. Such investment policies shall address liquidity, diversification, safety of principal, yield, maturity and quality, and the capability of investment management, with primary emphasis on safety and liquidity.
(Code 1967, §§ 13-1—13-3; Ord. No. 90.28,
7-12-90; Ord. No. 2001.17, 7-26-01)
ARTICLE
V. BOARDS, COMMISSIONS, ETC.[6]
DIVISION
1. GENERALLY
Sec.
2-181. Powers and duties.
All boards and commissions established by the city shall have the following powers and duties unless otherwise specified:
(1) To act in an advisory capacity to the city council for the purpose of making recommendations consistent with its duties;
(2) To establish such rules and regulations as it deems necessary for its government and for the faithful performance of its duties; to set a time for regular meetings which shall be held at least once a month if there is business to transact; to establish the manner in which special meetings may be held and the notice to be given thereof; and to provide that a majority of the total number of members shall constitute a quorum. The affirmative vote of a majority of the members participating in the meeting shall be required for passage of any matter before the board;
(3) To organize by electing one of its members as chairman of the board and one as vice-chairman. The city staff representative assigned to the board or commission shall act as secretary but shall not be entitled to take part in any voting;
(4) To require attendance of the members at regular meetings and provide that absence from three (3) consecutive regular meetings or six (6) meetings within any twelve (12) month time period without consent from the chairman or vice-chairman if the chairman is unavailable, shall be deemed to constitute a resignation and such position shall thereupon be deemed vacant;
(5) To consult, through the chairman of the board, or the vice-chairman if the chairman is unavailable, with the assigned city department on the items to be included on the agenda of the meetings prior to preparation and distribution of the agenda by the assigned city department; and
(6) To review and approve the official minutes of the board or commission as prepared by the assigned city department no later than thirty (30) days after the meeting or commission and if such minutes cannot be approved, for any reason, within such period of time, such minutes shall be transferred to the city council without approval.
(Ord. No. 2008.01, 1-24-08; Ord. No.
2008.68, 11-20-08)
Sec.
2-182. Terms and removal.
(a) The mayor, with the approval of the city council, shall select for appointment and reappointment the members of each board and commission. Unless otherwise specified, the members of each board and commission shall be selected from residents of the city.
(b) The term of office for each member of the board and commission shall be from the first of January of each year and end on the 31st day of December, three (3) years thereafter except if otherwise provided in this article.
(c) Members of the board and commission may not serve more than three (3) total terms on any board or commission, and not more than two (2) complete consecutive terms.
(d) Any vacancy shall be filled for the unexpired term of the member whose office is vacant in the same manner as such member received original appointment.
(e) The mayor, with the approval of the city council, may for cause remove any member of the board or commission.
(Ord. No. 2008.01, 1-24-08)
Sec. 2-183. Compensation of members.
Members shall receive no compensation for their service.
(Ord. No. 2008.01, 1-24-08)
Secs.
2-184—2-190. Reserved.
DIVISION 2. HISTORICAL MUSEUM ADVISORY BOARD
Sec.
2-191. Established; composition.
(a) There is hereby
established the
(b) The
community services manager shall designate a staff representative to serve the
historical museum advisory board in an advisory capacity.
(Ord. No. 1079, § 1, 6-21-84; Ord. No.
2008.01, 1-24-08)
Sec. 2-192. Repealed.
(Ord. No. 1079, § 2-4, 6-21-84; Ord. No. 2008.01, 1-24-08)
Sec.
2-193. Repealed.
(Ord. No. 1079, § 5, 6-21-84; Ord. No.
2001.17, 7-26-01; Ord. No. 2008.01, 1-24-08)
Sec.
2-194. Officers.
The officers of the historical museum advisory board shall be selected by the board members at the first meeting of the board following the thirtieth day of June of each year, and shall serve until the thirtieth day of June of the next succeeding year. No officer shall serve in the same capacity for more than two (2) consecutive one year terms.
(Ord. No. 1079, § 6, 6-21-84)
Sec.
2-195. Powers and duties.
The historical museum advisory board shall have the following powers and duties:
(1) To assist and advise the city council, in conjunction with the community services manager and the historic preservation commission in the establishment of essential policies, rules and regulations relating to the planning, acquisition, disposition, operation, use, care and maintenance of areas and structures owned, leased or otherwise acquired by the city for use as historical museums or interpretive sites;
(2) To assist and advise the city council in the establishment of essential policies, rules and regulations relating to the acquisition, conservation and use of historical materials and artifacts;
(3) To assist and advise the community services department staff liaison in the development of a continuing plan for the city's historical museum program;
(4) To assist and advise the community services department in establishing priorities at budget time for those items other than administrative functions relating to historical museum policy;
(5) To receive, accept and acquire subject to final action by the city council by gift, bequest or devise real and personal property of every kind, nature and description in the name of the city for historical museum purposes subject to the terms of the gift; and
(6) To suggest to the mayor and city council qualified and interested persons eligible for appointment for board vacancies.
(Ord. No. 1079, § 7, 6-21-84; Ord. No.
96.50, 1-9-97; Ord. No. 2001.17, 7-26-01; Ord. No. 2008.01, 1-24-08)
Secs.
2-197—2-199. Reserved.
DIVISION
3. MUNICIPAL ARTS COMMISSION
Sec.
2-200. Establishment; composition.
(a) There is hereby
established a
(b) The
community services manager or his designee shall serve the commission in an
advisory capacity.
(Ord. No. 88.62, 9-8-88; Ord. No.
2008.01, 1-24-08)
Sec. 2-201. Repealed.
(Ord. No. 88.62, 9-8-88; Ord. No. 2008.01, 1-24-08)
Sec.
2-202. Repealed.
(Ord. No. 88.62, 9-8-88; Ord. No. 95.21,
7-20-95; Ord. No. 96.39, 10-24-96; Ord. No. 2001.17, 7-26-01; Ord. No. 2008.01,
1-24-08)
Sec. 2-203. Officers.
The officers of the commission shall be selected by the commission members at the first meeting of the commission following the thirty first day of December of each year, and shall serve until the thirty-first day of December of the next succeeding year. No officer shall serve in the same capacity for more than two (2) consecutive one-year terms.
(Ord. No. 88.62, 9-8-88)
Sec.
2-204. Powers and duties.
The commission shall have the following powers and duties:
(1) To assist and advise the city council, through the community services department, in the development of a municipal arts plan and any subplans thereto;
(2) To assist and advise the city council, through the community services department, in the establishment of essential policies, rules and regulations relating to the presentation, acquisition, disposition, maintenance, use, care and promotion of public arts within the city;
(3) To recommend to the city council, through the community services department, a yearly update to the municipal arts plan based upon projected revenues from the municipal arts fund. Revenue projections will be supplied to the commission by the city's community services manager. The plan will include recommended programs and activities as well as proposed sites for placement of public art and estimated cost of purchases for each site. The plan will be updated annually in conjunction with the city's annual budget process;
(4) To recommend to the city council, through the community services department, a method or methods of selecting and commissioning artists; and
(5) To recommend to the city council, through the community services department, the selection and commissioning of artists for the placement of works of art on public sites approved by the city council. Recommendations will include estimates of all costs, including any operational and maintenance costs.
(Ord. No. 88.62, 9-8-88; Ord. No. 95.21, 7-20-95; Ord. No. 96.39, 10-24-96; Ord. No. 2001.17, 7-26-01; Ord. No. 2008.01, 1-24-08)
DIVISION 4. SPONSORSHIP REVIEW COMMITTEE
Sec. 2-205. Established; composition.
(a) There is hereby established a sponsorship review committee to be composed of seven (7) members.
(b) Three (3) members of the committee shall be appointed by the Tempe Convention and Visitors Bureau ("TCVB") board of directors. Three (3) members shall be appointed by the mayor with the approval of the city council. One member of the committee shall be jointly appointed by the mayor, with council approval, and the TCVB board of directors.
(c) The parks and recreation manager or a designated staff representative shall serve the sponsorship review committee in an advisory capacity.
(Ord. No. 92.41, 8-27-92; Ord. No.
2008.01, 1-24-08; Ord. No. 2008.10, 2-21-08)
Sec. 2-206. Repealed.
(Ord. No. 92.41, 8-27-92; Ord. No.
2008.01, 1-24-08)
Sec.
2-207. Repealed.
(Ord. No. 92.41, 8-27-92; Ord. No. 97.20,
4-10-97; Ord. No. 2001.17, 7-26-01; Ord. No. 2005.18, 4-7-05; Ord. No. 2006.25,
4-6-06; Ord. No. 2008.01, 1-24-08)
Sec.
2-208. Officers.
The TCVB director and CEO shall serve as committee chairperson.
(Ord. No. 92.41, 8-27-92; Ord. No.
2008.10, 2-21-08)
Sec. 2-209. Powers and duties.
The sponsorship review committee shall have the following powers and duties:
(1) To make recommendation(s) to the TCVB board of directors and the city council concerning city sponsorship, type of sponsorship and degree of sponsorship for the majority of requests received by the city on an annual basis for both traditionally sponsored events and for new requests; and
(2) To make funding and services decisions concerning new events from monies previously appropriated by the city council and the TCVB board of directors.
(Ord. No.
92.41, 8-27-92; Ord. No. 97.20, 4-10-97; Ord. No. 2001.17, 7-26-01; Ord. No.
2005.18, 4-7-05; Ord. No. 2006.25, 4-6-06; Ord. No. 2008.01, 1-24-08; Ord. No.
2008.10, 2‑21‑08)
Sec.
2-210. Funding requirements.
The city and the TCVB shall each contribute an equal amount to a joint sponsorship fund, as determined by the TCVB and the city council during their respective annual budget processes.
(Ord. No. 92.41, 8-27-92; Ord. No. 97.20, 4-10-97; Ord. No. 2001.17, 7-26-01; Ord. No. 2005.18, 4-7-05; Ord. No. 2006.25, 4-6-06; Ord. No. 2008.10, 2-21-08)
Sec. 2-211.
Repealed.
(Ord. No. 92.41, 8-27-92; Ord. No. 97.20, 4-10-97; Ord. No. 2001.17, 7-26-01; Ord. No. 2005.18, 4-7-05; Ord. No. 2006.25, 4-6-06; Ord. No. 2008.10, 2-21-08)
Sec.
2-212. Repealed.
(Ord. No. 92.41, 8-27-92; Ord. No. 97.20,
4-10-97; Ord. No. 2001.17, 7-26-01; Ord. No. 2005.18, 4-7-05; Ord. No. 2006.25,
4-6-06; Ord. No. 2008.10, 2-21-08)
Secs.
2-213—2-214. Reserved.
DIVISION
5. AVIATION COMMISSION
Sec.
2-215. Established; composition.
(a) There
is hereby established the
(b) In addition to the terms of office as specified in § 2-182 of this article, terms shall be staggered so that the term of no more than five (5) members shall conclude in any given year.
(c) There shall be commission members from neighborhoods located in the LDN 65 noise contour and from other noise impacted geographic areas throughout the community.
(d) The
city manager or his designee shall serve the aviation commission in an advisory
capacity.
(Ord. No. 95.15, 4-27-95; Ord. No.
2008.01, 1-24-08)
Sec.
2-216. Repealed.
(Ord. No. 95.15, 4-27-95; Ord. No. 2008.01,
1-24-08)
Sec.
2-217. Repealed.
(Ord. No. 95.15, 4-27-95; Ord. No.
2008.01, 1-24-08)
Sec.
2-218. Repealed.
(Ord. No. 95.15, 4-27-95; Ord. No.
2008.01, 1-24-08)
Sec.
2-219. Officers.
The initial officers of the commission shall be selected by the mayor, with the approval of the city council. Thereafter, the officers of the commission shall be selected by the commission members at the first meeting of commission following the 31st day of December of each year and shall serve from January 1 until the 31st day of December of the next succeeding year. No officer may serve in the same capacity for more than three (3) consecutive one-year terms.
(Ord. No. 95.15, 4-27-95)
Sec.
2-220. Powers and duties.
The aviation commission shall have the following powers and duties:
(1) To advise the mayor and city council and assist
city departments regarding the impact of aircraft noise on
(2) To advise the mayor and city council and assist city departments in the monitoring, implementation and enforcement of agreements made between the City of Phoenix and Tempe concerning the operations of Sky Harbor Airport;
(3) To advise the mayor and city council and assist
city department in studies conducted of
(4) To advise the mayor and city council and assist city departments on land use measures that could mitigate the impact of aircraft noise;
(5) To the extent feasible, to review all relevant documents prior to adoption by the city council; and
(6) To advise the mayor and city council and assist
city departments on any topic the commission feels is appropriate regarding
aircraft noise and related matters in
(Ord. No. 95.15, 4-27-95; Ord. No.
2008.01, 1-24-08)
Secs.
2-221—2-224. Reserved.
DIVISION
6. HUMAN RELATIONS COMMISSION
Sec.
2-225. Established; composition.
(a) There is hereby
established the
(b) The city manager or his designee shall serve the human relations commission in an advisory capacity.
(Ord. No. 95.18, 6-1-95; Ord. No. 2008.01,
1-24-08)
Sec.
2-226. Repealed.
(Ord. No. 95.18, 6-1-95; Ord. No. 2008.01,
1-24-08)
Sec.
2-227. Repealed.
(Ord. No. 95.18, 6-1-95; Ord. No. 2008.01,
1-24-08)
Sec.
2-228. Repealed.
(Ord. No. 95.18, 6-1-95; Ord. No. 2008.01,
1-24-08)
Sec. 2-229. Officers.
The initial officers of the
commission shall be selected by the mayor with the approval of the city
council. Thereafter, the officers of the
commission shall be selected by the commission members at the first meeting of commission
following the 31st day of December of each year and shall serve from January 1
until the 31st day of December of the next succeeding year. No officer may serve in the same capacity for
more than three (3) consecutive one-year terms.
(Ord. No. 95.18, 6-1-95)
Sec.
2-230. Powers and duties.
The human relations commission shall have the following powers and duties:
(1) To advise the mayor and city council and assist city departments in promoting mutual understanding and respect among the many groups of people who live, work and spend time in our community;
(2) To advise the mayor and city council and assist city departments on ways to eliminate prejudice and discrimination;
(3) To advise the mayor and city council and assist city departments on ways in which people from different cultural backgrounds can be made to feel at home in the community; and
(4) To advise the mayor and city council and assist city departments on ways in which information on human relations topics can be disseminated including: conducting surveys and studies, convening forums, seminars and workshops, and sponsoring special event and award recognitions.
(Ord. No. 95.18, 6-1-95; Ord. No. 2008.01, 1-24-08)
Secs.
2-231—2-234. Reserved.
DIVISION
7. GOLF ADVISORY COMMITTEE
Sec.
2-235. Established; composition.
(a) There is hereby established a golf advisory committee for the city to be composed of nine (9) members as an advisory committee to parks and recreation staff and to city council.
(b) The manager of the parks and recreation department or a designated staff representative shall serve the golf advisory committee in an advisory capacity.
(Ord. No. 96.16, 8-29-96; Ord. No. 2008.01,
1-24-08)
Sec.
2-236. Repealed.
(Ord. No. 96.16, 8-29-96; Ord. No. 2008.01, 1-24-08)
Sec.
2-237. Repealed.
(Ord. No. 96.16, 8-29-96; Ord. No. 2008.01,
1-24-08)
Sec.
2-238. Repealed.
(Ord. No. 96.16, 8-29-96; Ord. No.
2001.17, 7-26-01; Ord. No. 2006.25, 4-6-06; Ord. No. 2008.01, 1-24-08)
Sec.
2-239. Officers.
The officers of the committee shall be selected by the committee members at the first meeting of the committee following the first day of September of each year and shall serve until the 31st day of August of the next succeeding year.
(Ord. No. 96.16, 8-29-96)
Sec.
2-240. Powers and duties.
The golf advisory committee shall have the following powers and duties:
(1) To advise the city council and assist the city manager in the establishment of essential policies, rules and regulations relating to the planning, acquisition, disposition, operation, use, care and maintenance of golf facilities owned, leased or otherwise acquired by the city for use as municipal golf courses; and
(2) To assist the parks and recreation department and other city departments in establishing priorities at budget time for those items other than administrative functions relating to golf. The recommendations of the committee shall be forwarded to the city council.
(Ord. No. 96.16, 8-29-96; Ord. No. 2001.17, 7-26-01; Ord. No. 2006.25, 4-6-06; Ord. No. 2008.01, 1-24-08)
Secs.
2-241—2-244. Reserved.
DIVISION
8. TRANSPORTATION COMMISSION
Sec.
2-245. Established; composition.
(a) There is hereby established a transportation commission consisting of fifteen (15) members.
(b) The manager of the public works department or a designated staff representative shall serve the transportation commission in an advisory capacity.
(Ord. No. 96.28, 8-29-96; Ord. No. 2008.01, 1-24-08)
Sec. 2-246. Repealed.
(Ord. No. 96.28, 8-29-96; Ord. No. 2004.52, 12-9-04; Ord. No. 2008.01, 1-24-08)
Sec.
2-247. Repealed.
(Ord. No. 96.28, 8-29-96; Ord. No. 2008.01,
1-24-08)
Sec.
2-248. Repealed.
(Ord. No. 96.28, 8-29-96; Ord. No.
2001.17, 7-26-01; Ord. No. 2008.01, 1-24-08)
Sec.
2-249. Officers.
The officers of the commission shall be selected by the commission members at the first meeting of the commission following the 31st day of December of each year and shall serve until the 31st day of December of the next succeeding year. No officer shall serve in the same capacity for more than two (2) consecutive one-year terms.
(Ord. No. 96.28, 8-29-96)
Sec.
2-250. Powers and duties.
The transportation commission shall have the following powers and duties:
(1) To suggest to the mayor and city council qualified and interested persons eligible for appointment for commission vacancies;
(2) To consult, through the chairman of the commission, with the public works department, as to the items to be included on the agenda of meetings of the commission prior to the preparation and distribution of the agenda by the public works department;
(3) To prepare and submit an annual report to the city manager and city council including applicable council committees;
(4) To advise and make recommendations to the
city council and to assist city departments and the city manager to plan and
implement a balanced transportation system within
interconnected manner and complements land use, making a positive environmental
impact through reduction of energy consumption, air pollution and congestion,
while promoting economic development and providing mobility for all persons,
including elderly and disabled;
(5) To advise and make recommendations to the city council and to assist city departments and the city manager on appropriate performance standards and benchmarks for use in evaluating the city's transportation system and program, based on nationally recognized guidelines and local priorities;
(6) To advise and make recommendations to the city council and to assist city departments and the city manager on transportation plans, projects and ordinances, including but not limited to:
a. To recommend and review short and long-range plans and studies for the city's transportation system, including streets, transit, bicycling, pedestrians and demand management;
b. To periodically review and update the transportation elements of the city's general plan;
c. To provide input and review regional, state and federal transportation plans, projects and issues especially as provided by federal law; and
d. To promote and maintain bicycling as a safe and effective mode of travel for recreation, health and transportation.
(7) To advise and recommend to the city council and to assist city departments and the city manager annually on the elements of prioritized, unified operating and capital improvement program budgets for transportation;
(8) To provide a forum for public hearings and other public involvement mechanisms to assure community-based transportation plans, projects and issues, and to meet all federal and other guidelines for public involvement in transportation projects where applicable; and
(9) To take any such further actions as may be deemed necessary and appropriate to further the goals of the commission.
(Ord. No. 96.28, 8-29-96; Ord. No. 2001.17, 7-26-01; Ord. No. 2004.52, 12-9-04; Ord. No. 2008.01, 01-24-08)
Secs.
2-251—2-254. Reserved.
DIVISION
9. MAYOR'S YOUTH ADVISORY COMMISSION
Sec.
2-255. Established; composition.
(a) There is hereby established a mayor's youth advisory commission to be composed of twenty-four (24) members.
(b) The twenty-four (24) members of the mayor's youth advisory commission shall be selected from residents of the city, or attend school within the city, enrolled in seventh through twelfth grades.
(c) Membership
shall be composed of at least one representative from each Tempe Elementary
School District No. 3 and
(d) The community services manager or his designee shall serve the mayor's youth advisory commission in an advisory capacity.
(Ord. No. 97.07, 2-27-97; Ord. No.
2008.01, 01-24-08)
Sec.
2-256. Repealed.
(Ord. No. 97.07, 2-27-97; Ord. No. 2000.38, 1-25-01; Ord. No. 2008.01, 01-24-08)
Sec. 2-257. Repealed.
(Ord. No. 97.07, 2-27-97; Ord. No. 2001.17, 7-26-01; Ord. No. 2008.01, 01-24-08)
Sec. 2-258. Officers.
The officers of the mayor's youth advisory commission shall be selected by the commission members at the first meeting of the commission following the first day of October of each year and shall serve until the first meeting of the commission following the first day of October of the next succeeding year. No officer shall serve in the same capacity for more than two (2) consecutive terms.
(Ord. No. 97.07, 2-27-97)
Sec.
2-259. Powers and duties.
The mayor's youth advisory commission shall have the following powers and duties:
(1) To make recommendation(s) to the mayor and city council concerning the interests, needs and welfare of the youth within the community on an annual basis;
(2) To advise the mayor and city council and assist city departments on any topic the commission feels is appropriate regarding youth issues and related matters within the city;
(3) To advise the mayor and city council and assist city departments on ways in which information regarding youth issues can be disseminated including: conducting surveys and studies, convening forums, seminars and workshops, and sponsoring special event and award recognitions;
(4) To encourage and promote the education of youth regarding city government and the importance of citizen input, participation and responsibility; and
(5) To solicit from each of the city's middle and high schools qualified and interested persons eligible for appointment for commission vacancies and forward those names to the mayor and city council.
(Ord. No. 97.07, 2-27-97; Ord. No. 2001.17, 7-26-01; Ord. No. 2008.01, 01-24-08)
Secs.
2-260—2-264. Reserved.
DIVISION 10. COMMISSION ON DISABILITY CONCERNS
Sec.
2-265. Established; composition.
(a) There is hereby established a commission on disability concerns for the city to be composed of fifteen (15) members.
(b) The city manager or his designee shall designate a city staff representative to serve as advisory capacity for the commission on disability concerns.
(Ord. No. 96.45, 12-12-96; Ord. No.
2008.01, 01-24-08)
Sec.
2-266. Repealed.
(Ord. No. 96.45, 12-12-96; Ord. No. 2008.01, 01-24-08)
Sec.
2-267. Repealed.
(Ord. No. 96.45, 12-12-96; Ord. No. 2008.01,
01-24-08)
Sec.
2-268. Repealed.
(Ord. No. 96.45, 12-12-96; Ord. No.
2008.01, 01-24-08)
Sec.
2-269. Officers.
The initial officers of the commission shall be selected by the mayor, with the approval of the city council. Thereafter, the officers of the commission shall be selected by the commission members at the first meeting of the commission following the first day of July of each year and shall serve until the 30th day of June of the next succeeding year.
(Ord. No.
96.45, 12-12-96)
Sec.
2-270. Powers and duties.
The commission on disability concerns shall have the following powers and duties:
(1) To suggest to the mayor and city council qualified and interested persons for appointment to commission vacancies;
(2) To advise and make recommendations to the city council and to assist city departments and the city manager in the establishment of essential policies, rules and regulations relating to compliance with federal and state disabilities legislation or regulations and on other disabilities concerns and issues as needed;
(3) To prepare and submit an annual report to the city manager and city council; and
(4) To take further actions as may be deemed necessary and appropriate to further the goals of the commission.
(Ord. No. 96.45, 12-12-96; Ord. No.
2008.01, 01-24-08)
Secs.
2-271—2-274. Reserved.
DIVISION 11. RIO
Sec.
2-275. Established; composition.
(a) There is hereby established a Rio Salado citizen advisory commission for the city to be composed of thirteen (13) members.
(b) The members of the commission shall be appointed by the mayor with the approval of city council for a term of three (3) years and no commission member shall serve more than two (2) complete consecutive three (3) year terms from and after the effective date of this article. The mayor, with the approval of city council, may for cause, remove any member of the commission.
(c) The Rio Salado project manager or a designated staff representative shall serve the Rio Salado citizen advisory commission in an advisory capacity.
(Ord. No. 96.49, 12-12-96; Ord. No.
2003.07, 3-27-03; Ord. No. 2008.01, 01-24-08)
Sec.
2-276. Repealed.
(Ord. No. 96.49, 12-12-96; Ord. No. 2008.01, 01-24-08)
Sec.
2-277. Repealed.
Ord. No. 96.49, 12-12-96; Ord. No.
2008.01, 01-24-08)
Sec.
2-278. Repealed.
(Ord. No. 96.49, 12-12-96; Ord. No.
2005.18, 4-7-05; Ord. No. 2008.01, 01-24-08)
Sec.
2-279. Officers.
The chairman and such other officers, as the commission by its bylaws may prescribe, shall be selected by the commission members at the first meeting of the commission following the first day of January of each year and shall serve until the 31st day of December of the same year. The chairman shall appoint the chair and membership of all committees.
(Ord. No. 96.49, 12-12-96)
Sec.
2-280. Powers and duties.
The Rio Salado citizen advisory commission shall have the following powers and duties:
(1) To advise and consult, through the chair of the commission with the Rio Salado project manager, as to the items to be included on the agenda of meetings of the commission prior to the preparation and distribution of the agenda by the Rio Salado/ community development department;
(2) To review and approve the official minutes of all commission meetings as prepared by the Rio Salado/economic development department, prior to transmittal of such minutes to the city council;
(3) To advise the city council on major matters pertaining to the Rio Salado, including proposed developments;
(4) To support and assist in educating the public on Rio Salado activities and to act as advocate for the Rio Salado both in Tempe and throughout the valley;
(5) To review and provide input once a year to the Tempe Rio Salado master plan;
(6) To serve as a forum for discussions of ideas and opportunities to enhance the Rio Salado;
(7) To solicit public input, which may include holding public hearings;
(8) To review development proposals within the Rio Salado overlay district; and
(9) To create committees as needed.
(Ord. No. 96.49, 12-12-96; Ord. No. 2003.07, 3-27-03; Ord. No. 2005.18, 4-7-05; Ord. No. 2008.01, 01-24-08)
Secs. 2-281—2-284. Reserved.
DIVISION 12.
OF POLICE COMPLAINTS AND USE OF FORCE
Sec. 2-285. Established; composition.
(a) There is hereby established a Tempe citizens' panel for review of police complaints and use of force ("panel") to be composed of fifteen (15) citizen members and four (4) police department members consisting of two (2) sergeants and two (2) line level officers, who shall serve for a two (2) year term. The police department members shall be selected by the chief.
(b) When functioning as a review sub-panel as described in § 2-288, each sub-panel shall consist of six (6) citizen members and two (2) police department members consisting of one sergeant and one line level officer. The citizen members of each sub-panel shall be selected by the city manager. The police department members of each sub-panel shall be selected by the chief.
(c) The chief shall appoint an assistant chief to serve as the non-voting chairperson/ facilitator of the panel and each sub-panel.
(d) This panel shall act in an advisory capacity to the chief of police and the city manager.
(e) The fifteen (15) citizen members of the panel shall be selected from residents of the city. The mayor will make three (3) selections and each council member will make two (2) selections.
(f) The term of office of citizen members shall be for three (3) years and shall commence on the first day of January of each year and end on the 31st day of December, three (3) years thereafter, except for the initial citizen members of the panel. Such terms shall be staggered so that the term of no more than five (5) citizen members shall conclude in any given year.
(g) Citizen members of the panel may not serve more than two (2) complete consecutive terms. Any citizen member vacancies shall be filled for the remainder of the unexpired term in the same manner as such citizen member received original appointment.
(h) The city manager may for cause remove any citizen member of the panel.
(i) Prospective citizen panel members may not serve if any of the following apply:
(1) Have been arrested by the
(2) Have any felony convictions;
(3) Are related directly to a
(4) Are a current or former
(5) Are a former employee of any other police agency within five (5) years of their police employment; or
(6) Are an adversary party, a representative of an adversary party, or have any financial litigation or claim against the city relating to the police department or any individual in the police department.
(Ord. No. 99.13, 7-15-99; Ord. No. 2008.01, 01-24-08; Ord. No. 2008.68, 11-20-08)
Sec. 2-286. Repealed.
(Ord. No. 99.13, 7-15-99; Ord. No. 2008.01, 01-24-08)
Sec. 2-287. Repealed.
(Ord. No. 99.13, 7-15-99; Ord. No. 2008.68, 11-20-08)
Sec. 2-288. Powers and duties.
(a) The
(1) To review such rules and regulations as it deems necessary for its government and for the faithful performance of its duties; and
(2) To provide six (6) members of the panel for each sub-panel. A total of six (6) members of the sub-panel (officers and citizens) shall constitute a sub-panel quorum. The affirmative vote of five (5) members of each sub-panel shall be required for passage of any matter before the panel.
(b) The sub-panel shall have the following powers and duties:
(1) To review all police shootings and any police incidents wherein direct physical force by the police results in serious injury or death. Serious injury is defined as physical injury that creates a reasonable risk of death, or that causes serious and permanent disfigurement, serious impairment of health or loss or protracted impairment of the function of any bodily organ or limb;
(2) To review the findings of the police department's investigation of unsustained, unfounded or exonerated citizen complaints, when that citizen requests a review of the police department's findings. A request for review must be made within thirty (30) days from the date the citizen is notified of the findings of the police department's investigation; and
(3) To review any police department incident, at the request of the chief of police.
(c) After a review of the record, each review panel shall make one of the following findings in a written report to the chief of police:
(1) Agree with the findings of the police department investigation;
(2) Disagree with the findings of the police department investigation;
(3) Advise the chief of police that further investigation is warranted; or
(4) Upon a review of a use of police force incident, the review panel shall make a further finding whether the use of police force was within police department policy.
(d) The panel may make recommendations to the chief of police concerning training programs, revisions of policies or procedures, commendable actions, preventive or corrective measures (except for employee discipline) as it relates to the sub-panel findings of the incident being reviewed.
(Ord. No. 99.13, 7-15-99; Ord. No. 2008.68, 11-20-08; Ord. No. 2009.37, 10-22-09)
Secs. 2-289—2-294. Reserved.
DIVISION 13.
Sec. 2-295. Established; composition.
(a) There is hereby
established a
(b) The manager of the parks and recreation department or a designated staff representative shall serve the cemetery advisory committee in an advisory capacity.
(Ord. No. 2000.21, 6-8-00; Ord. No. 2006.25, 4-6-06; Ord. No. 2008.01, 01-24-08)
Sec. 2-296. Repealed.
(Ord. No. 2000.21, 6-8-00; Ord. No. 2008.01, 01-24-08)
Sec. 2-297. Repealed.
(Ord. No. 2000.21, 6-8-00; Ord. No. 2008.01, 01-24-08)
Sec. 2-298. Repealed.
(Ord. No. 2000.21, 6-8-00; Ord. No. 2001.17, 7-26-01; Ord. No. 2006.25, 4-6-06; Ord. No. 2008.01, 01-24-08)
Sec. 2-299. Officers.
The officers of the committee shall be selected by the committee members at the first meeting of the committee following the first day of September of each year and shall serve until the 31st day of August of the next succeeding year. No officer shall serve in the same capacity for more than two (2) consecutive one-year terms.
(Ord. No. 2000.21, 6-8-00)
Sec. 2-300. Powers and duties.
The cemetery advisory committee shall have the following powers and duties:
(1) To assist and advise the city council, through the parks and recreation department, in the establishment of essential policies, rules and regulations relating to the planning, acquisition, disposition, operation, use, care, maintenance, design and construction of cemetery facilities owned, leased or otherwise acquired by the city;
(2) To assist and advise the city council in establishing priorities at budget time for those items other than administrative functions relating to the cemetery. The recommendations of the committee shall be forwarded to the city council; and
(3) To suggest to the mayor and city council qualified and interested persons eligible for appointment for board vacancies.
(Ord. No. 2000.21, 6-8-00; Ord. No. 2001.17, 7-26-01; Ord. No. 2006.25, 4-6-06; Ord. No. 2008.01, 01-24-08)
Secs. 2-301—2-304. Reserved.
DIVISION 14. NEIGHBORHOOD ADVISORY
COMMISSION
Sec. 2-305. Established; composition.
(a) There is hereby established the neighborhood advisory commission to be composed of twenty-one (21) members, and must have been residents of the city for at least one year prior to the appointment.
(b) Members shall be appointed proportionately
to the geographic distribution of population by zip codes, subject to change as
population shifts occur.
(c) The neighborhood program administrator or his or her designee shall serve the neighborhood advisory commission in an advisory capacity.
(Ord. No. 2000.47, 11-2-00; Ord. No. 2008.01, 01-24-08)
Sec. 2-306. Repealed.
(Ord. No. 2000.47, 11-2-00; Ord. No. 2008.01, 01-24-08)
Sec. 2-307. Repealed.
(Ord. No. 2000.47, 11-2-00; Ord. No. 2008.01, 01-24-08)
Sec. 2-308. Repealed.
(Ord. No. 2000.47, 11-2-00; Ord. No. 2008.01, 01-24-08)
Sec. 2-309. Officers.
The officers of the commission shall be selected by the commission members at the first meeting of the commission following the 31st day of December each year and shall serve from January 1 until the 31st day of December of the next succeeding year. No officer may serve in the same capacity for more than three (3) consecutive one-year terms.
(Ord. No. 2000.47, 11-2-00)
Sec. 2-310. Powers and duties.
The neighborhood advisory commission shall have the following powers and duties:
(1) To organize and appoint members of the
commission to serve on standing committees as the need arises, subject to all
administrative guidelines adopted by the commission;
(2) To propose and make recommendations to the mayor and city council and assist city departments on specific programs that are designed to build upon neighborhood opportunities and strengths as well as prevent the decline and deterioration of neighborhoods by recognizing and supporting the aspirations of residents and their neighborhood;
(3) To review projects and concepts developed or proposed by the neighborhood program office staff, the neighborhood advisory commission and by citizens to the commission;
(4) To advise the mayor and city council and assist city departments on ways in which information on neighborhood topics can be gathered and disseminated including: conducting surveys and studies, convening forums, seminars and workshops, and sponsoring special event and award recognition;
(5) Subject to approval and final action by the city council, to receive, accept and acquire by gift, bequest or devise real and personal property of every kind, nature and description in the name of the city for neighborhood purposes subject to the terms of such gift, bequest or devise; and
(6) To recommend to the mayor and city council qualified and interested persons eligible for appointment for commission vacancies.
(Ord. No. 2000.47, 11-2-00; Ord. No. 2008.01, 01-24-08)
Secs.
2-311―2-314. Reserved.
DIVISION 15. REDEVELOPMENT REVIEW
COMMISSION
Sec. 2-315. Repealed.
(Ord. No. 2002.36, 10-3-02; Ord. No. 2004.42, 1-20-05)
Sec. 2-316. Repealed.
(Ord. No. 2002.36, 10-3-02; Ord. No. 2004.42, 1-20-05)
Sec. 2-317. Repealed.
(Ord. No. 2002.36, 10-3-02; Ord. No. 2004.42, 1-20-05)
Sec. 2-318. Repealed.
(Ord. No. 2002.36, 10-3-02; Ord. No. 2004.42, 1-20-05)
Sec. 2-319. Repealed.
(Ord. No. 2002.36, 10-3-02; Ord. No. 2004.42, 1-20-05)
Secs.
2-320―2-324. Reserved.
Editor's note—Ord. No. 2004.42 repealed the Redevelopment Review Commission from the
City Code and it has been incorporated into the Zoning and Development
Code. See Section 1-308 of the Zoning
and Development Code.
DIVISION 16. TARDEADA ADVISORY BOARD
Sec. 2-325. Established; composition.
(a) There is hereby established the Tardeada advisory board to be composed of fifteen (15) members.
(b) The fifteen (15) members of the Tardeada advisory board shall be appointed by the mayor with the approval of the city council. An initial transition Tardeada advisory board, appointed by the mayor with the approval of the city council, shall consist of the current twenty-two (22) member Tardeada advisory committee and shall have staggered terms of one year for six (6) members, two (2) years for six (6) members and three (3) years for ten (10) members. After original appointments of the initial transition board, the size of the Tardeada advisory board shall be reduced from twenty-two (22) members to fifteen (15) members through attrition of terms.
(c) The board
members, with the exception of the initial transition Tardeada advisory board,
shall be
(Ord. No. 2005.71, 10-6-05; Ord. No. 2008.01, 01-24-08)
Sec. 2-326. Repealed.
(Ord. No. 2005.71, 10-6-05; Ord. No. 2008.01, 01-24-08)
Sec. 2-327. Repealed.
(Ord. No. 2005.71, 10-6-05; Ord. No. 2008.01, 01-24-08)
Sec. 2-328. Staff
representative.
The manager of the diversity department or designee shall serve the Tardeada advisory board in an advisory capacity.
(Ord. No. 2005.71, 10-6-05)
Sec. 2-329. Officers.
The officers of the board shall be selected by the board members at the first meeting of the board following the 31st day of December each year and shall serve from January 1 until the 31st day of December of the next succeeding year. No officer may serve in the same capacity for more than three (3) consecutive one-year terms.
(Ord. No. 2005.71, 10-6-05)
Sec. 2-330. Powers and duties.
The Tardeada advisory board shall have the following powers and duties:
(1) To advise the city council and assist the diversity manager or designee on the Tardeada reception and celebration;
(2) To collaborate with the
(3) To assist in
coordinating
(4) To serve as a resource to other city
departments and entities on
(5) To recommend to the mayor and city council qualified and interested persons eligible for appointment for board vacancies.
(Ord. No. 2005.71, 10-6-05; Ord. No. 2008.01, 01-24-08)
Secs. 2-331―2-334.
Reserved.
DIVISION 17. PARKS AND RECREATION
BOARD
Sec. 2-335. Established; composition.
(a) There is hereby established a parks and recreation board for the city to be composed of nine (9) members.
(b) The parks and recreation manager or his designee shall serve the parks and recreation board in an advisory capacity.
(c) The Rio Salado project manager or his designee shall serve the Rio Salado community facilities district board of directors in an advisory capacity with respect to the portion of Rio Salado park within the enhanced services area, and shall serve the parks and recreation board in an advisory capacity with respect to all other areas of Rio Salado park.
(Ord. No. 2008.01, 01-24-08)
Sec. 2-336.
Officers.
The officers of the parks and recreation board shall be selected by the board members at the first meeting of the board following the thirty-first day of May of each year and shall serve until the thirty-first day of May of the next succeeding year. No officer shall serve in the same capacity for more than two (2) consecutive one-year terms.
(Ord. No. 2008.01, 01-24-08))
Sec. 2-337. Powers and duties.
The parks and recreation board shall have the following powers and duties:
(1) To advise the city council and assist the parks and recreation manager in the establishment of essential policies, rules and regulations relating to the planning, acquisition, disposition, operation, use, care and maintenance of areas and structures owned, leased or otherwise acquired by the city for use as parks and preserves;
(2) To advise the city council in the establishment of essential policies, rules and regulations relating to the acquisition, conservation, and use of parks and preserves;
(3) To assist the parks and recreation department staff liaison in the development of a continuing plan for the city's park and recreation program;
(4) To assist the parks and recreation department in establishing priorities at budget time for those items other than administrative functions relating to park, preserve and recreation policy;
(5) To receive, accept and acquire subject to final action by the city council by gift, bequest or devise real and personal property of every kind, nature and description in the name of the city for park and preserve purposes subject to the terms of the gift;
(6) To suggest to the mayor and city council qualified and interested persons eligible for appointment for board vacancies; and
(7) To serve as the city tree board with the responsibility to study, develop, update annually and administer a written plan for the care, planting, replanting and removal or disposition of trees and shrubs within parks, preserves, street rights-of-way and public places owned by the city to ensure that the city will continue to realize the benefits provided by an urban forest. Such plan will be presented to the city council and upon their acceptance and approval shall constitute the official city tree plan for the city.
(Ord. No. 2008.01, 01-24-08)
Sec. 2-338. Rio
Notwithstanding the powers and
duties of the parks and recreation board in § 2-337, the Rio Salado community
facilities district board of directors shall have the power to advise the city
council in the establishment of essential policies, rules and regulations for
the portion of Rio Salado park within the enhanced services area.
(Ord.
No. 2008.01, 01-24-08)
Secs. 2-339—2-344. Reserved.
DIVISION 18. LIBRARY ADVISORY BOARD
Sec. 2-345. Established; composition.
There is hereby established a library advisory board for the city to be composed of nine (9) members.
(Ord. No. 2008.01, 01-24-08)
Sec. 2-346. Powers and duties.
The library advisory board shall have the following powers and duties:
(1) To advise the city council and assist the community services director in the establishment of essential policies, rules and regulations relating to the planning, acquisition, disposition, operation, use, care and maintenance of structures owned, leased or otherwise acquired by the city for use as libraries;
(2) To advise the city council in the establishment of essential policies, rules and regulations relating to the acquisition, conservation, and use of library materials;
(3) To assist the community services department staff liaison in the development of a continuing plan for the city's library program;
(4) To assist the community services department in establishing priorities at budget time for those items other than administrative functions relating to library policy;
(5) To receive, accept and acquire subject to final action by the city council by gift, bequest or devise real and personal property of every kind, nature and description in the name of the city for library purposes subject to the terms of the gift; and
(6) To suggest to the mayor and city council qualified and interested persons eligible for appointment for board vacancies.
(Ord. No. 2008.01, 01-24-08)
Secs. 2-347—2-354. Reserved.
DIVISION 19. HOUSING TRUST FUND ADVISORY BOARD
Sec. 2-355. Established; composition.
(a) There
is hereby created a housing trust fund advisory board to be comprised of seven
(7) members.
(b) The
community development manager shall designate a staff representative to serve
the housing trust fund board in an advisory capacity.
(c) Membership
shall be composed of one member with experience or expertise in the subject
area of real estate lending practices, one member with experience or expertise
in the subject area of housing development or construction best practices, one
member with experience or expertise in the subject area of the rental housing
industry and four (4) members with experience or expertise in housing related
issues.
(Ord. No.
2009.02, 1-22-09; Ord. No. 2009.36, 9-10-09)
Sec. 2-356. Officers.
The officers of the board shall be
selected by the board members at the first meeting of the board following the
31st day of December of each year and shall serve until the 31st day of
December of the next succeeding year. No
officer shall serve in the same capacity for more than two (2) consecutive
one-year terms.
(Ord. No.
2009.02, 1-22-09)
Sec. 2-357. Powers and duties.
The housing trust fund advisory board
shall have the following powers and duties:
(1) To assist and advise the community
development manager, or designee, with establishing the goals of the housing
trust fund;
(2) To assist and advise the community
development manager, or designee, in the establishment of essential policies,
rules and regulations relating to the implementation and ongoing operation of
the housing trust fund;
(3) To review applications for funding from the
housing trust fund and make recommendations to the community development
manager, or designee;
(4) To advise the mayor and city council at
least annually on the expenditures, accomplishments and activities of the
housing trust fund; and
(5) To make recommendations to the mayor and
city council of qualified and interested persons eligible for appointment to commission
vacancies.
(Ord. No. 2009.02, 1-22-09)
Secs. 2-358—2-364. Reserved.
ARTICLE VI. EMPLOYER, EMPLOYEE RELATIONS
MEETING AND CONFERRING
DIVISION 1. IN GENERAL
Sec. 2-400. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Budget year means the biennial budget term adopted by the city the first term of which commences July 1, 2001.
Business days means Monday through Friday excluding holidays as designated by the city manager.
Day means calendar day except as otherwise stated.
Employee shall mean benefited fulltime and benefited part-time employees; but shall exclude contracted, temporary, seasonal, or new probationary employees, employees on leaves of absence where the duration of time off is in excess of six (6) months.
Employee organization receiving a majority vote shall mean an employee organization that has been designated as the official and exclusive employee organization pursuant to the petition process identified in § 2-401 or § 2-402.
Non-supervisory employees shall mean any city employee who does not have authority to hire, discharge, promote, transfer, suspend, lay off, or discipline other regular or temporary employees or to effectively recommend such action, or who is not in a confidential relationship with city management. Determination of non-supervisory and confidential status shall be made by the city manager.
Petition shall mean a form for signatures established by the city manager.
(Ord. No. 2000.43, 10-12-00; Ord. No. 2006.76, 9-21-06)
Sec. 2-401. Employee
groups.
(a) There shall be five (5) employee groups within the city. They shall include:
(1) Fire fighters, all classifications up to and including captain;
(2) Police officers, all classifications up to and including sergeant;
(3) Non-supervisory employees in the public works department;
(4) All other non-supervisory employees; and
(5) Supervisory employees except management and confidential employees as designated by the city manager.
(b) Authorized representation of an employee group shall be determined by the presentation of a petition to the city manager containing the signatures of a majority of the employees in one of the above-designated groups.
(Ord. No. 99.39, 12-9-99; Ord. No. 2000.43, 10-12-00; Ord. No. 2006.76, 9-21-06)
Sec. 2-402. Petition process.
(a) Each petition submitted to the city manager shall contain the name of the employee group, the name of the employee organization, signature, printed name, date of signature, and employee position of each person signing the petition. No signature on a petition shall bear a date greater than ninety (90) days in advance of submittal. If an eligible employee signs more than one petition, then the latest dated signature shall be considered valid. Each petition shall be in a form established by the city manager. Petitions shall be submitted no earlier than July 15 and no later than September 15 preceding each budget year.
(b) The city manager shall, within thirty (30) days from receiving the petition, verify that a majority of the eligible employees within the designated group have signed the petition and shall then promptly designate the named employee organization as the official and exclusive employee organization for purposes of meeting and conferring.
(c) An employee organization shall be designated as the exclusive and official employee organization for purposes of meeting and conferring. Once an employee group has designated an employee organization, such designation can be changed no earlier than July 15 and no later than September 15 preceding each budget year as follows:
(1) The employee group shall present a petition to the city manager containing the signatures of fifty percent (50%) or more of the eligible employees in the employee group. The petition shall include the name of the employee organization being decertified. The city manager shall, within thirty (30) days from receiving the petition, verify that fifty percent (50%) or more of the eligible employees within the designated group have signed the petition and shall then promptly decertify the named employee organization as the official and exclusive employee organization for purposes of meeting and conferring; or
(2) Alternatively, an employee group may decertify its designated employee organization and designate a new employee organization by presenting a petition to the city manager containing the signatures of fifty percent (50%) plus one or more of the eligible employees in the employee group. The petition shall indicate the name of the employee group, the employee organization being decertified, and the employee organization being designated to represent those employees. The city manager shall, within thirty (30) days from receiving the petition, verify that fifty percent (50%) plus one or more of the eligible employees within the designated group have signed the petition and shall then promptly decertify the current designated employee organization and designate the new employee organization as the official and exclusive employee organization for purposes of meeting and conferring.
(Ord. No. 2000.43, 10-12-00)
Sec. 2-403. Rights of employee
organizations.
(a) Employees have the right to participate on behalf of or engage in activities on behalf of an employee organization and have the right to refrain from such activity. Employees shall be free from any interference, restraint, or coercion by any employee, supervisor, or manager for or against employee organizations. Violations will necessitate disciplinary action.
(b) There can be only one official and exclusive employee organization for each employee group for purposes of meeting and conferring. Nothing in this article shall prohibit any employee not within an employee group represented by a designated employee organization from exercising any rights the employee may have to meet with the city manager consistent with personnel rules and regulations or any city manager directive.
(c) Designated employee organizations shall have the right to bi-weekly or monthly dues deductions, if approved by the members of the organization.
(d) Dues deductions for a designated employee organization from the payroll of any participating employee must be authorized by each individual employee on the appropriate form provided by the human resources division.
(Ord. No. 2000.43, 10-12-00)
Secs. 2-404—2-424.
Reserved.
DIVISION 2. MEETING AND CONFERRING
Sec. 2-425. Scope.
(a) This meet and confer process covers wages, hours, benefits and working conditions, which may include: salary or wage rates or other forms of direct monetary compensation and direct cost subjects; paid time off and procedures therefor; leaves of absence; insurance benefits; total hours of work required of an employee on each workday or workweek, including overtime, compensatory time, rest and meal periods and call-in/call-back; health and safety; training; personnel records review; discussions with personnel by group representatives; distribution of information; meet and confer procedures; city-wide uniform procedure for employee grievances; uniform process for employee discipline; rights of the employee organizations and the city; items mutually agreed upon by an employee organization and the city manager. The following items shall not be included in the meet and confer process: discipline of employees or hiring, discharging, promotions, demotions, transfers or suspensions. Non-negotiable items include any facet of the hiring, promotion or transfer of employees, the types of discipline or the grounds for demotion, discharge, suspension or discipline.
(b) It is the right of the city to determine the purpose of each of its departments, agencies, boards and commissions, and to set standards of service to be offered to the public and exercise control and discretion over its organization and operations. It is also the right of the city to direct its employees, take disciplinary action, relieve its employees from duty because of lack of work or for other legitimate reasons, determine whether goods or services shall be made, purchased or contracted for, and determine the methods, means, and personnel by which the employer's operations are to be conducted. The city has the right to take all necessary actions to maintain uninterrupted service to the community. The mayor and city council may, at their option and sole discretion, direct the city manager to consult with the city's employees, or their authorized representatives, about the direct consequences that decisions on these matters may have on wages, hours, and working conditions. The enumeration of the above rights is illustrative only and is not to be construed as being all inclusive.
(Ord. No. 2000.43, 10-12-00)
Sec. 2-426. Process.
(a) Employee organizations receiving a majority vote of all employees in a designated group shall submit proposals regarding wages, hours, benefits and working conditions to the city manager no earlier than September 15 and no later than November 15 prior to each budget year.
(b) All proposals submitted to the city manager must be in writing and in a form which can be incorporated into a memorandum of understanding. Unless otherwise provided in this article, during negotiations, proposals shall remain confidential except that they shall be available to the city manager, the employee organization representatives, the employees within the employee group, and others as designated by the city manager.
(c) Upon receiving a proposal from a designated employee organization, the city manager, shall submit a written response to the proposal to the employee organization within thirty (30) days.
(d) Within ten (10) days from the receipt of the city manager’s response, representatives of the employee organization and the city manager or his designated representative shall begin “meeting and conferring” at mutually agreed upon times and places in Tempe, for the purpose of entering into a written memorandum of understanding relating to the proposals. Meetings shall be at least three (3) hours in duration, unless mutually agreed otherwise. Meetings shall continue weekly unless mutually agreed otherwise until an agreement is reached, or impasse is declared by either party. Meeting ground rules shall be promulgated by the city manager and shall be adhered to while meeting and conferring.
(e) The city manager and the representative of the employee organization, shall initial all areas of agreement. Those areas not in agreement shall be outlined as areas in dispute. If agreement still has not been reached by February 15, a neutral mediator may be requested by either party. The neutral mediator shall assist the parties to reach an agreement.
(f) The neutral mediator shall be from the Federal Mediation and Conciliation Service or a non-employee of the city that is mutually agreed upon by the city manager or his designee and the representative of the designated employee organization. If an agreement still has not been reached by March 1, a fact finder may be requested by either party from the Federal Mediation and Conciliation Service. Standard rules of the Federal Mediation and Conciliation Service will be utilized in the selection, use and payment of the fact finder unless the parties agree otherwise.
(g) All issues not previously agreed upon will be submitted to the fact finder for a recommendation for resolution. A public session may be requested by either party. The fact finder shall issue a recommendation to both parties no later than May 15. On or before June 1, all areas of agreement, areas in dispute and still under consideration and the recommendation of the fact finder, shall be submitted to the mayor and council for their consideration.
(h) Any costs for the neutral mediator and the fact finder shall be equally shared between the city and the employee organization.
(i) The mayor and council may accept, reject or modify those areas of agreement within the proposed memorandum of understanding or may take whatever action they feel appropriate with regard to any areas in dispute consistent with the city charter. Final action by the mayor and council shall constitute the memorandum of understanding for a budget year.
(j) If there is a claim of breach of a memorandum of understanding and the employee organization’s existing memorandum of understanding does not provide a process for resolution of the breach, the breach process in subsection (k) shall apply. If the matter is submitted for resolution to the mayor and city council either through the breach process established in subsection (k) or a breach process established in a memorandum of understanding, the decision of the mayor and city council shall be consistent with city charter and final and binding upon the parties and employees.
(k) In the event that there is a claim of breach of a memorandum of understanding that the employee organization and the city have been unable to informally resolve, the following process shall be followed:
(1) If either a designated employee organization or the city manager claims that the memorandum of understanding has been breached, the parties shall:
a. Within forty-five (45) days of the alleged breach, the party alleging the breach shall give written notice to the party who has allegedly breached the memorandum of understanding. The notice shall specify the provision(s) breached and the facts and evidence demonstrating or supporting the breach;
b. A written response to the alleged breach shall be submitted to the party alleging the breach within ten (10) days of the written notice;
c. Within fourteen (14) days of the written notice, the parties shall meet and attempt to resolve the matter; and
d. A written agreement which is intended to resolve the matter shall be signed by the parties and submitted to the mayor and city council at their next regularly scheduled meeting.
(2) If the parties are unable to resolve the matter, all written materials submitted in subparagraphs a. through d. above shall be submitted for resolution to the mayor and city council; and
(3) The time frames in subsection (k) above can be mutually waived by the parties.
(Ord. No. 99.39, 12-9-99; Ord. No. 2000.43, 10-12-00; Ord. No. 2001.24, 7-26-01)
Sec. 2-427. Conflicts.
In the event there is a conflict between the city’s personnel rules and regulations and a memorandum of understanding, the memorandum of understanding will apply to the conflicting issue.
(Ord. No. 2000.43, 10-12-00)
Sec. 2-428. Solicitations and
distributions.
(a) Solicitations of members, dues and other internal employee organization business shall be conducted only during non-duty hours and shall not interfere with the work process.
(b) Solicitation of members, dues and distribution of other internal employee organization business shall take place in non-working areas. Notice of employee organization meetings and agendas may be posted in the city’s e-mail meeting folder.
(Ord. No. 2000.43, 10-12-00)
Secs. 2-429—2-474. Reserved.
[2]Charter reference—City
magistrate, 2.08(b).
State law reference—City courts, A.R.S.
§ 22-401 et seq.
[3]Editor's note—Ord. No. 2000.41 repealed prior §§ 2-131 through
2-133. Prior ordinances were Code 1967
§§ 2-9—2-11, Ord. No. 636.9, Ord. No. 88.54, Ord. No. 95.13, Ord. No.
95.22 and Ord. No. 96.40.
[4]Editor's note—Ord.
No. 97.55 repealed §§ 2-146 through 2-160 and enacted new chapter 26A,
Procurement and materials management.
[5]Charter reference—Claims
or demands against city, § 5.03.
State law reference—Actions against a
public utilities or public employees, A.R.S. § 12-820 et seq.
[6]Charter reference—Boards
and commissions, § 6.01 et seq.
Cross
references—Building code, electrical code, and plumbing and mechanical code
advisory board of appeals, § 8‑110; historic preservation commission, § 14A-3.
Zoning and Development Code reference—Development
review commission, Section 1-312.