City of Douglas Arizona Charter with Approved Amendments as of 17 May 2011

CHARTER OF THE CITY OF DOUGLAS, ARIZONA The original charter for the City of Douglas was prepared by the Board of Freeholders asprovided by law and submitted to the qualified electors on May 18, 1982. Approval wasgranted for the Charter by Governor Bruce Babbitt on October 1, 1982, with the exception ofArticle VIII, Section 2, which was approved by Governor Rose Mofford on December 10,1990.The charter was amended by a majority of the qualified voters voting thereon on March 10,1998, and the amendments were approved by Governor Jane Dee Hull on June 29, 1998.The charter was amended by a majority of the qualified voters voting thereon on May 17,2005, and the amendments were approved by Governor Janet Napolitano on July 29, 2005.The Charter was amended by a majority of the qualified voters voting thereon on May 17,2011, and the amendments were approved by Governor Janice Brewer on November 14, 2011. 1-1 8/8/07

The City shall have all the powers, CHARTER OF THE CITY OF functions, rights, privileges and immunities DOUGLAS, ARIZONA possible under the Constitution and general laws of Arizona as fully as though they wereARTICLE I. INCORPORATION, FORM specifically enumerated in this Charter, and allOF GOVERNMENT, POWERS AND of the powers, functions, rights, privileges andBOUNDARIES. immunities granted or to be granted, either expressly or by implication, to Charter citiesSec. 1. Incorporation. and to cities and towns incorporated under the The inhabitants of the City of Douglas, provisions of Title 9, Arizona Revised Statues,Arizona, within the corporate limits as now not in conflict herewith, and in addition, theestablished or as hereafter established in the City:manner provided by law, shall continue to be a A. May acquire property within or withoutmunicipal body politic and corporate in its corporate limits for any City purposeperpetuity, under the name of the “City of in fee simple or lesser interest or estateDouglas, Arizona.” by purchase, gift, devise, lease or condemnation. The City may lease, sell,Sec. 2. Form of government. convey and otherwise dispose of any The municipal government provided by this real or personal property owned by theCharter shall be known as MAYOR- City in the manner, for suchCOUNCIL-MANAGER GOVERNMENT. consideration, and upon such conditionsPursuant to its provisions and subject only to as may be determined by the Council.the limitations imposed by the State B. May designate and establish asConstitution and by this Charter, all powers of floodways or flood plains, areas of landthe City shall be vested in an elective Mayor within the boundaries of the Cityand Council, hereinafter referred to as “the reasonably required or necessary toMayor and Council,” which shall enact local improve, extend, maintain or facilitatelegislation, adopt budgets, determine policies, the control or discharge of waters ofand appoint the City Manager and such other rivers and streams and intermittentofficers deemed necessary and proper for the flowing creeks, washes, arroyos, drainsorderly government and administration of the and channels together with surface andaffairs of the City, as prescribed by the floodwaters so as to prevent the loss ofConstitution and applicable laws, and or injury to lives and damage toordinances hereafter adopted by the City. All property and prevent and prohibitpowers of the City shall be exercised in the encroachments and obstructions withinmanner prescribed by this Charter, or if they be the floodway and flood plain areas sonot prescribed, then in such manner as may be designated and established by the Cityprescribed by ordinances. together with criminal and civil penalties for the violations thereof.Sec. 3. Powers of the City. C. May adopt and may from time to time modify, a comprehensive plan of the 1-2 8/10/03

future physical development of the City development; (e) school sites; (f) to serve as a guide to all future Council dedication and improvement of public action concerning land use regulations rights-of-way; (g) bike paths and other and expenditures for capital necessary transportation; (h) drainage; improvements, and the Council may by (i) flood control; and (j) other public ordinance implement said facilities necessary to maintain comprehensive by adopting land use and satisfactory levels of service for said development regulations including, but new development, as provided by not limited to, an official map and ordinance which shall include definite zoning and subdivision regulations. standards basing the foregoingD. May levy and collect assessments and requirements on the needs of the file liens on real property to collect inhabitants of said new development. amounts owed to the City for garbage H. May require architectural and site plan and trash collection, sewer rental review and approval prior to the charges and water charges, ambulance development, construction, charges and other City charges and reconstruction, or conversion of any reasonable amounts expended by the building or structure other than a City in the abatement of any nuisance, detached single-family dwelling. demolition and removal of any legally I. May adopt specific plans for and use for condemned building or structure and the areas within the City for the purpose of cleaning and renovating of vacant lots refining the comprehensive plan. which are offensive to the sight or smell J. May require removal of all signs not or hazardous to the public health. conforming to the zoning ordinance.E. May prescribe the number of times a Signs not in conformance upon the notice is to be published, the place of effective date of this Charter shall have publications and the form of such notice the privilege of amortization as when publication of a notice in a determined by ordinance. newspaper is directed or authorized by K. May provide remedies to prevent, abate, law. and control pollution, includingF. May control and regulate the use and pollution of the air, water, and noise enjoyment of its streets and alleys, pollution, and exercise its rights and public grounds, or ways. privileges under equity or underG. May require all persons, firms, or common law or statutory law to corporations responsible for new suppress nuisances or to abate pollution physical development within the City to in any form. provide for or furnish, or pay a fee in L. May exercise any of its powers or lieu of providing for or furnishing: (a) perform any of its functions, and may public utility easements; (b) water participate in the financing thereof production, storage and transmission; jointly or in cooperation, by contract or (c) sewage collection, treatment and otherwise, with any one or more states, disposal; (d) park land and political subdivisions, school districts, 1-3 8/10/03

Indian tribal councils, or any board, Councilman from each Ward. (Amended commission or agency, a combination of 3/10/98) them, or with the United States or any department or agency thereof. Sec. 3. Elections. The enumeration of particular powers by this The first general election for the office ofCharter shall not be deemed to be exclusive, Mayor and Councilmen under the terms of thisand in addition to the powers enumerated Charter, shall be held the third Tuesday in May,herein or implied hereby, or appropriate to the 1984. Commencing in 1984, and every twoexercise of such powers, it is intended that the years thereafter, the general election shall beCity shall have and may exercise all powers held on the third Tuesday in May.which under the Constitution of this State, itwould be competent for this Charter Sec. 4. Term of Mayor.specifically to enumerate. Commencing with the election held in 2012, the Mayor shall be elected for a term of fourSec. 4. Boundaries. years and serve until his successor is elected The boundaries of the City shall be the and qualified. No person shall be eligible toboundaries as established at the time this succeed himself in the office of Mayor forCharter takes effect, or as such boundaries may more than two consecutive terms. (Amendedbe changed thereafter in the manner authorized May 17, 2011).by law. Sec. 5. Term of Councilmen. ARTICLE II. THE MAYOR AND Councilmen serving on the date this Charter COUNCIL takes effect shall continue to serve until the election and qualification of each member’sSec. 1. Powers of the Mayor and Council. successor at the election held in 1984. All powers of the City, not in conflict with Commencing with the election held in 1984,the Constitution of the State of Arizona and the Council seats for Wards 2, 4, and 6 shallsubject to the limitations of this Charter, shall have a two year term of office and the Councilbe vested in the Mayor and Council, which seats for Wards 1, 3, and 5 shall have a fourshall enact appropriate legislation and do and year term of office. At each subsequentperform any and all acts and things which may election the term of office for all Council seatsbe necessary and proper to carry out these shall be four years. No Councilman shall servepowers or any of the provisions of this Charter. more than two consecutive terms which terms or partial terms shall not exceed eight years.Sec. 2. Number; selection. Sec. 6. Qualifications. The Council shall consist of a Mayornominated and elected at large and six A. The Mayor shall be a qualified electorCouncilmen nominated and elected from within of the City, at least twenty-five years oftheir respective City Wards. There shall be one age, and shall hold no other elected public office for which he receives 1-4 8/10/03

compensation. The Mayor shall have continue to serve out the remainder of physically resided in the City of this term. Time of residency in the area Douglas for at least three years next realigned prior to redistricting shall be preceding the date of such election or continued and considered as time of appointment. The Mayor must reside residency in the new Ward for purposes within the City limits during the term of of voting and seeking office. this office. If the Mayor shall cease to possess any of these qualifications or Sec. 7. Duties of Mayor. shall be convicted of a crime involving The Mayor shall be the chairman of the moral turpitude, his office shall Council and preside over its deliberations. He immediately become vacant. City may make and second motions and shall have a employees are not eligible to stand for voice and vote in all its proceedings. He shall election or serve as Mayor. be chief executive of the City government forB. Councilmen shall be qualified electors all purposes and recognized by the Governor of the City, at least twenty-one years of for purposes of military law and civil defense age and shall hold no other elected and shall have executive but no regular public office for which they receive administrative duties. On a majority vote (four compensation. Councilmen shall have votes) of the Council, the Mayor can be physically resided in the City of instructed to investigate the affairs of any Douglas for at least three years next department of the City government and the preceding the date of such election or official conduct of any officer of the City and appointment. In addition thereto, a report same to the Council. On behalf of the Councilman shall have physically Council, the Mayor shall confer and advise resided within the ward from which he with the Manager to insure that Council stands for election or appointed for at programs and policies are being carried out in least one year preceding the election or full. In addition thereto, the Mayor shall appointment. Councilmen must reside govern the City by proclamation during times within the City and the Ward from of riot, civil insurrection, major disaster and which they were nominated and elected times of great public danger. Unless otherwise and/or appointed during their term in provided herein, the Mayor shall appoint office. If a Councilman shall cease to members to the various committees, boards and possess any of these qualifications or commissions with the consent of the Council. shall have been convicted of a crime (Amended May 17, 2011). involving moral turpitude, his office shall immediately become vacant. City Sec. 8. Mayor Pro Tempore. employees are not eligible to stand for The Mayor shall designate a member of the election or serve as Councilmen. Council as Mayor Pro Tempore, who shallC. In the event that a Councilman ceases to serve in such capacity at the pleasure of the reside within the Ward from which he Mayor. The Mayor Pro Tempore shall perform was elected by reason of Ward redistricting, then said Councilman shall 1-5 8/10/03

the duties of the Mayor during his absence or A. In case of a vacancy, for whateverdisability. reason, in the office of Mayor, theSec. 9. Salaries of Mayor and Councilmen Mayor Pro Tempore shall act as Mayor The Mayor shall be paid $300 per month and until such vacancy is filled. TheCouncilmen shall be paid $ 200 per month Council, by a majority vote of itswhich shall become effective upon adoption of remaining members, shall within thirty-this Charter. Any subsequent change must be one days, but not less than fifteen daysdone by amendment to the Charter and from the date of vacancy, fill theaffirmative vote of the people. vacancy in the office of Mayor from its own membership. Upon appointment ofSec. 10. Council to be Judge of one of the Councilmen to the office of Qualifications of its Members. Mayor, said Councilman’s seat shall be deemed vacated and shall be filled in the The Council shall be the judge of the manner provided in Subsection Belection and qualifications of its members and hereof.for such purpose shall have power to subpoena B. In case of a vacancy, for whateverwitnesses and require the production of reason, in the Council, the remainingrecords, but the decision of the Council in any members, including the Mayor, shall, bysuch case shall be subject to review by the a majority vote, select a qualified personcourts. from the Ward in which the vacancy occurs. The vacancy in the CouncilSec. 11. Induction of Mayor and Council shall be filled within thirty-one days, butinto Office. not less than fifteen days from the date On the first regular meeting during the of the vacancy. The appointedmonth next following the general election, the Councilman shall serve until the nextCouncil shall hold a meeting for the purpose of general election, or until his successorinducting the newly elected Mayor and shall have been qualified.Councilmen, and to organize the Council. C. If the vacated Council seat has in excess of two years remaining in its term, theSec. 12. Absence to Vacate Office. appointed Councilman shall serve until If the Mayor or any Councilman shall be the next election. At that election,absent without appropriate excuse from regular candidates for Councilman from saidmeeting which time shall exceed three Ward shall run for the remainder of theconsecutive months and which absences shall unexpired term of the vacated Councilbe duly recorded in the journal, he shall seat, and the ballot shall designate thatthereupon cease to hold office and the office said candidates are running for theshall be deemed vacant. (Amended 3/10/98) unexpired term, or other suitable designation indicating that it is a “shortSec. 13. Vacancies in Council and Office of term” of two years. In the event that theMayor. unexpired term shall be in excess of two years, but there is insufficient time 1-6 8/10/03

within which candidates can have their of the Council for a time not earlier than name placed on the ballot for the twenty-four hours after written notice is given primary election, then, in that event, the to all members of the Council or the notice is Council, including the Mayor, shall fill left at their place of abode. In case of an the vacated Council seat in the same emergency, a meeting may be held upon such manner as if the vacancy were for a notice as is appropriate to the circumstances. period of two years or less. At such meeting, business concerning only D. Should a tie vote occur in an attempt to such emergency shall be acted upon. select a person to fill such vacancy, and because thereof, there shall be failure to Sec. 16. Rules of procedure; journal. choose within a manner shown in this The Council shall determine its own rules Section, the City Magistrate shall be and order of business subject to the provisions entitled to vote in the same manner and of this Charter. It shall keep a journal of its with the same effect as a member of the proceedings and the journal shall be open to the Council for the sole purpose of filling public inspection. the vacancy. In the event that the City Magistrate is unable, for any reason, to Sec. 17. Quorum; ayes and nays. cast the tie-breaking vote as provided A majority of the members of the Council herein, then the Cochise County shall constitute a quorum, but a smaller number Supervisor for this district shall cast the may adjourn from time to time until a quorum deciding vote. (Amended 3/10/98) can be assembled. The vote on any question shall be by ayes and nays and shall be enteredSec. 14. Meetings of Council, boards, in the journal. At the request of any member ofcommissions and committees. the Council, a roll call vote shall be taken. A. The Council shall meet regularly atsuch times and at such places as may be Sec. 18. Failure to vote.prescribed by its rules, but not less frequently No member of the Council shall be excusedthan one time each month. Notices of such from voting except upon matters involving themeetings shall be posted in places convenient consideration of his official conduct or in suchto the public and the places of such posting matters as he may have a conflict of interest asshall be kept on file with the City Clerk. set forth in the existing laws of this State. In all B. All meetings of the City’s Council, other cases, each Councilmember must cast aboards, commissions and committees shall be vote of aye or nay.open to the public in accordance with ArizonaRevised Statues pertaining to the open meeting Sec. 19. Consideration of petitions.law. Any citizen of the City may appear before the Council at any regular meeting and presentSec. 15. Special meetings. a written petition. Such petitions shall be The Mayor, or Mayor Pro Tempore acting as considered and action taken thereon by theMayor, may call, or at the request of three Council at the next regular meeting. (AmendedCouncilmembers shall call, a special meeting 3/10/98) 1-7 8/10/03

The Manager shall furnish a corporate suretySec. 20. Conduct of Council as to powers bond to be approved by the Council in suchauthorized by Charter when no procedure sum as may be determined by the Council, andestablished by State law. shall be conditioned upon the faithful Whenever, by any provisions of this Charter, performance of the duties imposed upon theit is prescribed that any power, duty or Manager as herein prescribed. The premiumprocedure shall or may be exercised, performed for such bond shall be a proper charge againstor adopted in the manner established by any the City.law of this State, and there be no procedureestablished by law therefore, then the Council Sec. 5. Acting City Manager.shall by ordinance prescribe the procedure. By letter filed with the City Clerk, the Manager shall designate, subject to approval of ARTICLE III. THE CITY MANAGER the Council, qualified City administrative officers to exercise the power and perform theSec. 1. Appointment of Manager. duties of the Manager during his temporary The Manager shall be appointed by the absence or disability. During such absence orCouncil wholly on the basis of his disability, the Council may revoke suchadministrative and executive ability and designation at any time and appoint anotherqualifications and shall hold office for and at officer of the City to serve until the Managerthe pleasure of the Council. Whenever the shall return or his disability shall cease.word “Manager” is used in this Charter it shallbe construed to mean the City Manager of the Sec. 6. Compensation.City of Douglas, Arizona. The Manager shall receive such compensation as the Council shall from time toSec. 2. Residence. time determine. In addition, the Manager shall Residence in the City at the time of be reimbursed for all actual and necessaryappointment of a Manager shall not be required expenses incurred by him in the performance ofas a condition of the appointment, but within his official duties.ninety days after reporting for work theManager must become a resident of the City Sec. 7. Powers and duties.unless the Mayor and Council approves his The Manager shall be the administrativeresidence outside the City. head of the government of the City under the direction and control of the Council. He shallSec. 3. Eligibility. be responsible for the administration of all No member of the Council shall be eligible affairs of the City which are under his control.for appointment as a Manager until one year In addition to his general powers ashas elapsed after such Councilmember shall administrative head, it shall be his duty and hehave ceased to be a member of the Council. shall have the powers set forth in the following subsections:Sec. 4. Bond. A. Law Enforcement. It shall be the duty of the Manager to see that all laws and 1-8 8/10/03

ordinances of the City and that all franchises, G. Budget. It shall be the duty of thecontracts, permits and privileges granted by the Manager and Treasurer, with the advice of theCouncil are faithfully observed and to report finance committee, to prepare and submit theany failure in that regard to the Council, which proposed annual budget. (Amended 3/10/98)shall give such instruction and direction as it H. Expenditure Control and Purchasing.may desire for remedial, corrective or It shall be the duty of the Manager to see thatterminating action by the Manager. no indebtedness is incurred or expenditure B. Authority Over Employees. It shall be made in violation of the State laws applicablethe duty of the Manager, and he shall have the to cities or applicable provisions of thissole authority to control, order and give Charter.directions to all heads of departments and to I. Investigations and Complaints. Itsubordinate officers and employees of the City shall be the duty of the Manager to makeunder his jurisdiction through their investigations into the affairs of the City anddepartmental heads. any department or division thereof. It shall be C. Power of Appointment and Removal. the duty of the Manager to investigate allSubject to the exceptions expressly provided by complaints in relation to matters concerning thethis Charter, it shall be the duty of the Manager administration of the City government and into, and he shall appoint, remove, promote and regard to the service maintained by publicdemote any and all officers and employees of utilities in said City and report all findings tothe City, except City Magistrate, City Attorney, the Council.City Clerk and Treasurer, City Physician andCounsel. All this shall be subject to all Sec. 8. Internal relations.applicable personnel ordinances, rules and A. Council-Manager Relations. Theregulations. Council and its members shall deal with the D. Ordinances. It shall be the duty of administrative services of the City only throughthe Manager to recommend to the Council for the Manager, except for the purpose of inquiry,adoption, such measures and ordinances as he and neither the Council, nor any memberdeems necessary. thereof, shall give orders or instructions to any E. Attendance at Council Meetings. It employee or officer other than the Manager.shall be the duty of the Manager to attend all The Manager shall take his orders andmeetings of the Council unless, at his request, instructions from Mayor with the advice andhe is excused therefrom by the Mayor consent of the Council only if promulgated at aindividually or by the Council. The Manager duly convened meeting of the Council, and noshall present definite recommendations relative individual Councilman shall give any orders orto each item on the agenda for approval, instructions to the Manager except for purposerejection or modifications by the Council. of inquiry. F. Financial Matters. It shall be the B. Attendance at Commission Meetings.duty of the Manager to keep the Council fully The Manager may attend any and all meetingsadvised as to the needs of the City in such form of all commissions, boards or committeesand at such times as requested by the Council. created by the Council, upon his own volition or upon the direction of the Mayor and 1-9 8/10/03

Council. At such meetings which the Manager ARTICLE IV. ADMINISTRATIVEattends, he shall be heard by such commissions, DEPARTMENTS, OFFICES ANDboards or committees as to all matters upon EMPLOYEESwhich he wishes to address the membersthereof, and he shall inform said members as to Sec. 1. Administrative Departments andthe status of any matter being considered by the Offices.Council, and he shall cooperate to the fullest A. The Council, by ordinance notextent with the members of all commissions, inconsistent with this Charter, shall provideboards or committees. for the organization, conduct and operation of the several offices and departments of theSec. 9. Removal procedure. City as established by this Charter, for the A. The Council may remove the Manager creation of additional departments,at any time by a 5/7th vote of its members. If divisions, offices and agencies and for theirrequested, the Council shall grant him a public consolidation, alteration or abolition.hearing within thirty days following notice of B. The Council may assignremoval. During the interim the Council may additional functions or duties to offices,suspend the Manager from duty, but shall departments or agencies. Where thecontinue his salary and, if the removal becomes positions are compatible, the Council mayfinal, shall pay his salary for one calendar combine in one person the powers andmonth following the final removal date. In the duties of two or more offices created orevent of involuntary removal of the Manager authorized by this Charter.by the Council for willful misconduct in office, C. The Council shall provide for thethe Manager shall forfeit any and all severance number, title, qualifications, powers, dutiespay. and compensations of all officers and B. Discretion of Council. In removing employees of the City.the Manager, the Council shall act at itsdiscretion and its action shall be final and shall Sec. 2. City Clerk.not depend upon any particular showing or The Mayor, with approval of the Council,degree of proof at the hearing. shall appoint an officer who shall have the title C. Resignation of Manager. The of City Clerk, who shall be responsible to theManager shall provide the Council a minimum Council, and who shall give notice of allof forty-five days written notice of intention to Council meetings, keep the journal of theresign his position unless a shorter period of Council’s proceedings authenticated by histime is approved by the Council. The Manager signature and recorded in full, in books kept forshall assist the Council in the recruitment and that purpose, all ordinances and resolutions.selection of a replacement if requested by the He shall perform such other duties as requiredCouncil. In the event of resignation due to by this Charter or by ordinance.health reasons, the period of written noticeshall be determined in conference between the Sec. 3. City Treasurer.Manager and the Council. The Mayor, with the approval of the Council, shall appoint an officer who shall have 1-10 8/10/03

the title of City Treasurer, who shall be B. Merit System Board. There shall beresponsible to the Council and who shall a Merit System Board consisting of fivereceive and have custody of all the money of members appointed by the Mayor, with thethe City and shall keep and save said money, approval of the Council, from the qualifiedand dispense the same only as provided by electors who have been bona fide residents ofordinance. He shall always be bound by the the City for at least five years next precedingConstitution, laws of this State, this Charter such appointment. No more than threeand City ordinances. Legal garnishments may members shall have the same politicalbe served upon him. affiliation. The Personnel Director shall provide necessary staff assistance to the MeritSec. 4. City Attorney. System Board. The Mayor, with the approval of the 1. The term of office shall be forCouncil, shall appoint the City Attorney, who three years. Terms will expire on June 30,shall be an attorney at law, duly licensed to except that a member shall continue to servepractice in the State of Arizona, who shall be until his successor is duly appointed andthe chief legal advisor of all officers, qualified. Of the members of the Board firstdepartments and agencies of the City. He shall appointed, two shall be for a term ending Junerepresent the City in all legal proceedings and it 30, 1983; two for a term ending June 30, 1984;shall be his duty to perform all services one for a term ending June 30, 1985. Each andincident to his position as may be required by every appointment thereafter will be for threestatute, by this Charter or by ordinance. The years.Council shall have control of all litigation of C. Personnel Appeals Board. There isthe City, and may employ other attorneys to hereby created a Personnel Appeals Board totake charge of any litigation or to assist the consist of five qualified electors of the City ofCity Attorney therein, and may provide for the Douglas, appointed by the Mayor, with thepayments for such additional legal services and approval of the Council, to perform theall proper service or work done on behalf of the following:City in connection with its legal matters. 1. Hear grievances submitted by employees as defined in the City PersonnelSec. 5. Reserved. Rules and Regulations.(Amended 5/17/05) D. The Personnel Appeals Board shall conduct informal hearings without courtroomSec. 6. Merit System to be established. procedures or formal rules of evidence, as A. Merit Principle. All appointments and provided in the City Personnel Rules. Bothpromotions of City employees except those parties shall be granted an opportunity toelected by the people and also excluding all present their position. Legal counsel may beofficers and department heads shall be made present. Within ten working days following thesolely on the basis of merit and fitness conclusion of a hearing, the Personnel Appealsdemonstrated by examination or other evidence Board shall announce its decision and furnish aof competence. written copy of its findings to the aggrieved and the Manager. 1-11 8/10/03

E. The time limits specified for any member of the Council or the manager notsubmission of grievances may be extended to a as an ex-officio appointment, but as any regulardefinite date by mutual agreement of the appointment with full voting privileges.employee and the Manager. However, failureof the employee to meet the designated time ARTICLE VI. FINANCE ANDlimits will constitute a dismissal of the appeal. TAXATION F. Personnel Rules. The City Managershall prepare personnel rules which shall be Sec. 1. Fiscal.proposed to the Council and the Council shall The powers of the City concerning budget,adopt them with or without amendment. taxation, financial and fiscal powers shall be(Amended 3/10/98 by deleting Sections 6(B) limited only by the provisions of theand 6(D)(2) revising Sections 6(E) and (G) and Constitution and laws of the State and thisrenumbering the remaining sections) Charter. ARTICLE V. APPOINTIVE BOARDS Sec. 2. Taxing powers. AND COMMISSIONS A. The Council shall have the power to levy and collect ad valorem and excise taxes,Sec. 1. Appointive Boards and including, but not limited to, a transactionCommissions. privilege tax, a use tax, and a business license The Council may, by ordinance or resolution tax, and all other taxes not prohibited bycreate or abolish boards, commissions or Federal or State Constitution or laws, for any orcommittees as in its judgment are required and all of the following purposes:may grant to them such powers and duties as 1. To pay the interest and maintainare consistent with the provisions of this the sinking fund of the bonded indebtedness ofCharter. the City. 2. For the establishment and supportSec. 2. Standing Committees. of free public libraries and for the construction A. The following are hereby established as and maintenance of public buildings. standing committees of the City: 3. For advertising and promoting the 1. Finance Committee advantages of the City. 2. Board of Adjustment 4. To create a reserve fund for 3. Planning and Zoning Commission replacement of equipment, for the furnishing of City services and the maintenance of allSec. 3. Mayor and Manager, ex-officio municipally owned and operated utilities.members. 5. For the general expenses incurred The Mayor may appoint himself, or any in the operation of City government.member of the Council, or the Manager as an 6. For local public improvements.ex-officio member, without voting privileges, 7. For any other lawful municipalto any or all boards, commissions or purpose.committees. In addition, the Mayor, in his B. The enumeration herein of the types ofdiscretion, may make such an appointment of taxes and the purposes for which such taxes 1-12 8/10/03

may be levied and collected shall not be be deposited or invested in Certificates ofdeemed to limit in any way the taxing powers Deposit or other forms of deposits orof the City. investments, in any financial institution in the State, upon sufficient security being given theSec. 3. Claims or demands against the City. City therefore by said financial institution. The The Council shall prescribe by ordinance the Council may adopt ordinances implementingmanner in which claims or demands against the this authority and the appropriate City officialCity shall be presented, audited and paid. may, pursuant to said ordinance, invest City monies not needed to pay current bills asSec. 4. Cash basis fund set up; transfer of therein directed.sums from cash basis fund to other funds. A. The Council may, by ordinance, create Sec. 6. Independent audit and review.and maintain a permanent revolving fund to be Prior to the end of each fiscal year, theknown as the cash basis fund, for the purpose Council shall designate an independentof putting the payment of the running expenses certified public accountant, who, as of the endof the City on a cash basis. For this purpose, of the fiscal year, shall make up an audit ofthe Council may provide that from the money accounts and other evidence of financialcollected from the annual tax levy, and from transactions of the City government, and shallthe money received from the other sources, a submit a long-form report, includingsum equal to not less than two and one-half recommendations concerning policy and fiscalcents on each one hundred dollars of the procedures, to the Council, and to the Cityassessed value of said property shall be placed Manager. Such accountant shall have noin such fund until the accumulated amount of personal interest, direct or indirect, in the fiscalsuch fund shall be sufficient to meet all legal affairs of the City government or of any of itsdemands against the treasury for the first four officers. He shall, within specificationsmonths or other necessary period of the approved by the Council, post-audit the bookssucceeding fiscal year. and documents kept by the city, and any B. The Council shall have power to separate or subordinate accounts kept by anytransfer from the cash basis fund to any other other office, department or agency of the Cityfund or funds such sum or sums as may be government. The Council may call for suchrequired for the purpose of placing such fund or special audits as it may deem necessary orfunds, as nearly as possible, on a cash basis. It appropriate.shall be the duty of the Council to provide thatall monies so transferred from the cash basis ARTICLE VII. ORDINANCES ANDfund shall be returned thereto before the end of RESOLUTIONSthe fiscal year. Sec. 1. Council to act by motion, resolutionSec. 5. Depositories for City monies; or ordinance.investments. The Council shall act by motion, resolution In addition to authority granted by Arizona or ordinance.Statutes, the Council may cause City monies to 1-13 8/10/03

Sec. 2. Ayes and nays to be recorded. 12. Appropriate, acquire, sell, lease or A roll call vote shall be taken upon final exchange any real property.action of all ordinances and resolutions and 13. Provide for a specific improvementsuch vote shall be entered upon the journal of district.the proceedings of the Council.Sec. 3. When majority vote required. Sec. 6. Reading and passage of ordinances A majority vote of all the members of the and resolutions; effective date.Council shall be necessary to pass any All proposed ordinances and resolutionsordinance or resolution having the effect of an having the effect of ordinances shall be subjectordinance. to the following requirements for passage at any meeting of the Council:Sec. 4. Enacting Style. A. Copies of a proposed ordinance or The enacting clause of all ordinances passed proposed resolution having the effect of anby the Council shall be in these words: “be it ordinance shall be made available to the Mayorordained by the Mayor and Council of the City and Council at least forty-eight hours prior toof Douglas, Arizona as follows.” the meeting. (Amended 3/10/98) B. There shall be a full reading ofSec. 5. When actions to be taken by proposed ordinances or resolutions having theordinance. effect of an ordinance unless the full reading is In addition to other acts required by State or waived by a majority of the Council.Federal law or by specific provisions of the Thereafter, those ordinances or resolutionsCharter to be done by ordinance, those acts of heretofore mentioned may be read by numberthe City Council shall be by ordinance which: and title only. (Amended May 17, 2011). 1. Levy any tax or assessment. C. Copies of titles of proposed ordinances 2. Establish, alter or abolish any City or resolutions heretofore mentioned shall be department, office or agency. posted at the City Hall forty-eight hours before 3. Regulate the rates and fees charged the hour the City Council convenes to act upon for City services. the ordinance or resolution. During the said 4. Establish or change fire zones or forty-eight hour period, copies of the entire limits. proposed ordinance or resolution heretofore 5. Grant, renew or extend a franchise. mentioned, shall be made available for 6. Establish or change zoning districts. inspection by the public at any time during the 7. Abandon or vacate streets, alleys or City’s regular business hours. In the event that subdivisions. copies are not so made available for inspection 8. Authorize the borrowing of any by the public and the said title is not so posted, money. the ordinance or resolution shall not be brought 9. Impose or provide for imposing a before the Council for action. fine or other penalties. Sec. 7. Emergency measures; effective date. 10. Adopt a code by reference or amend An emergency measure is one which is the City code. necessary for the immediate preservation of the 11. Amend or repeal any ordinance. peace, health or safety of the City and one 1-14 8/10/03

which is passed by the affirmative vote of six circulation in the City within fifteen days afterof the seven elected members of the Council their passage.and which receives the approval of the Mayor.An emergency measure shall take effect Sec. 11. How ordinances to be reviewed, re-immediately upon its passage, so long as it enacted and amended.states in a separate section, the reason why it is Ordinances shall not be revised, re-enactednecessary that it should become immediately or amended by reference to title only, but theoperative. An emergency measure may be ordinance to be revised or re-enacted, or theadded to an ordinance upon its second reading section or sections thereof to be amended, orand final passage at the same meeting as when the new section or sections to be added thereto,first introduced upon the affirmative vote of six shall be set forth and adopted by the methodof the seven members of the Council and upon provided in this Charter for the adoption ofits receiving the approval of the Mayor. ordinances.(Amended 3/10/98) Sec. 12. How ordinances to be repealed orSec. 8. Motion to reconsider. suspended. When an ordinance fails to pass and a No ordinance or section thereof shall bemotion is made to reconsider, the vote on such repealed or suspended except by ordinancemotion shall not be taken within twenty-four adopted in the manner provided in this Charter.hours thereafter. Sec. 13. Ordinances and resolutions to beSec. 9. Signing of ordinances and filed, recorded and certified; ordinances andresolutions. resolutions as evidence. All ordinances and resolutions shall be All ordinances and resolutions shall be filedapproved as to form by the City Attorney prior and safely kept by the City Clerk and dulyto signature by the Mayor and attestation by the recorded and certified by the Clerk in booksCity Clerk within five days after adoption, but kept for that purpose marked “Cityfailure to so sign and attest shall not affect the Ordinances” and “City Resolutions”validity of such ordinance or resolution. respectively; and record copies thereof certified by the City Clerk, or the originals thereof shallSec. 10. Publication of ordinance and be prima facie evidence of the contents of suchresolutions. ordinances or resolutions and of the due All ordinances, except those necessary for passage and publication of the same, and shallthe immediate preservation of the peace, health be admissible as evidence in any court of thisor safety of the City, and resolutions having the State, or in any proceeding where the contentseffect of ordinances, shall be published at least of such ordinance or resolution, or any of them,twice in a newspaper of general circulation in is in question; provided however, that nothingthe City before they become effective and herein contained shall be construed to preventoperative. Emergency measures shall be the proof of the passage and publication of anypublished twice in a newspaper of general ordinance or resolution in the manner otherwise prescribed by law. 1-15 8/10/03

examination by the public in the office of theSec. 14. Procedure for adoption by City Clerk prior to the adoption thereof.reference. Ordinances codified shall be repealed as of the A. The Council may enact the provisions effective date of the code. Amendment to theof a code or public record theretofore in code shall be enacted in the same manner asexistence without setting forth such provisions, ordinances.but the adopting ordinance shall be publishedin full. At least three copies of the code or ARTICLE VIII. CONTRACTSpublic record shall be filed in the office of theCity Clerk and kept available for public use and Sec. 1. Preparation.inspection. A code or public record enacted by All contracts shall be drawn under thereference may be amended in the same manner. supervision of the City Attorney, must be in B. No penalty clause shall be enacted by writing, executed in the name of the City ofreference thereto. A penalty clause contained Douglas by the Mayor or Manager, except as itin a code or public record adopted by reference may be otherwise provided either by thisshall be set forth in full in the adopting Charter or by law, and must be countersignedordinance. by the City Clerk, who shall number and register the same in a book kept for thatSec. 15. Recording of certain ordinances. purpose. All ordinances extending or changing theboundaries of the City, zoning territory or Sec. 2. Contracts for City improvements orestablishing or vacating of streets, alleys or purchases.subdivisions, after publication, shall berecorded in the office of the County Recorder A. Contracts or purchases less than $5,000.00.of Cochise County, and, after being so No bids or quotations shall be required for anyrecorded, the same shall constitute public contract or purchase not in excess of $notice to all parties of the legal import thereof. 5,000.00. (Amended May 17, 2011).Sec. 16. Codification of ordinances. B. Contracts or purchases for personal property, Any and all ordinances of the City, which materials or services over $5,000.00 but whichhave been enacted and published in the manner do not exceed the aggregate dollar amountrequired at the time of their adoption, and established from time to time by the Arizonawhich have not been repealed, shall be legislature in A.R.S. Section 41-2535, or itscompiled, consolidated, revised, indexed and successor statute. Quotations shall be required,arranged as a comprehensive ordinance code, when available, for any contract, Cityand such code may be adopted by reference, improvement or purchase of personal property,with the same effect as an ordinance by the materials or services over $5,000.00 to thepassage of any ordinance for such purpose. aggregate dollar amount established from timeSuch code need not be published in the manner to time by the Arizona legislature in A.R.S.required for other ordinances, but not less than Section 41-2535 or its successor statute,three copies thereof shall be filed for use and inclusive. The City Manager or his agents 1-16 8/10/03

hereunder shall request or obtain written B. The Council may sell such portions ofquotations from at least three qualified persons the real and personal property of the City notwhen available and keep a record of the needed or not likely to be needed within aquotations and of the award of contracts and reasonable future time. Each sale shall be madepurchases for public examination and on such conditions as the Council mayinspection. The City Council may establish prescribe.more formal bidding procedures for certain Notice of the sale shall be done intypes of contracts and purchases in this dollar accordance with the following schedule:range, with Council approval. (Amended May 1. The Manager may sell or otherwise17, 2011). dispose of any personal property having a value of $500.00 or less with one published notice.C. Contracts or purchases of personal property, Written advice shall be given to the Councilmaterials, or services (other than employment prior to such sale or disposal.contracts) in excess of the aggregate dollar 2. Personal property valued in excess ofamount established in A.R.S. Section 41-2535. $500.00 shall be sold after notice of sale has(Amended may 17, 2011). been published at least two times not less than five days prior to the sale.D. Formal bidding requirements. 3. Real property shall be sold after publishedAdvertisements for bids shall distinctly and notice of the sale has been made at least onespecifically state the character of the City time per week for three weeks prior to the sale.improvement contemplated and/or the kind of 4. When bids are required or requested, thesupplies, materials, equipment and services Council shall have the right to reject any andrequired. Such advertisement shall be published all bids.at least twice in a newspaper of general 5. No City employee, elected or appointedcirculation in the City, not less than five days City official or member of his immediateprior to the opening of bids. Bidding shall be family shall be permitted to bid, purchase orby sealed bids only and under such regulations acquire any City property.as may be prescribed by the Council. Sec. 4. Fraud and collusion.E. To the extent permitted by law, the Council Any member of the Council or any officerin its discretion, may by ordinance grant a or employee of the City who shall knowinglymonetary preference to local bidders provided aid or assist a bidder in securing a contract tosuch preference when ordained is stated in the furnish labor, materials, equipment, supplies orbid offer. (Amended 3/10/98; May 17, 2011). services at a higher price than that proposed by any other bidder, or who shall favor one bidderSec. 3. Transfer and sale of property. over another by giving or withholding A. The Manager may sell, or may transfer information, or who shall willfully mislead anyto or between offices, departments and bidder in regard to the character of the labor,agencies, surplus or obsolete supplies, material, equipment, supplies or services calledmaterials and equipment, subject to such for or the conditions under which the proposedregulations as the Council may prescribe. work is to be done, or who shall knowingly 1-17 8/10/03

certify to a greater amount of labor or service B. General elections shall be held forperformed than has been actually performed or the purpose of electing officers of the City andto receipt for a greater amount or different kind such other purposes as the Council mayof material, supplies or equipment than has prescribe.been actually received, shall be guilty of a C. All other municipal elections thatmisdemeanor and, upon conviction thereof, may be held by authority of this Charter, or ofshall be removed from Office. any law, shall be known as special elections.Sec. 5. Avoidance of contracts made through Sec. 2. Application of State law.fraud and collusion. The provisions of the laws of this State If at any time it shall be found that the relating to and governing the nominations ofperson to whom a contract has been awarded elective officers and the conduct of electionshas, in presenting any bid or bids, colluded and each and every provision of said law, withwith any other party or parties for the purpose all amendments thereto shall apply and shallof preventing any other bid being made, then govern the nomination of elective officers andthe contract so awarded shall be null and void, the conduct of elections, except as otherwiseand the Manager shall advertise for new bids provided in this Charter. The Council shallfor said City improvements and/or supplies, have the power to make any additionalmaterials, equipment and services required, or provisions relating to the nominations ofthe Council may provide for such public work officers and to the conduct of elections notto be done by the City under the direction of repugnant nor contrary to the provisions of thethe Manager. laws of this State or the provisions of the Charter.Sec. 6. Personal interest. The provisions of the laws of this State Sec. 3. Qualifications of electors;relating to, and defining conflicts of interest, of registration.all officers and employees of the City, shall A. The qualifications of electors shall beapply to and govern in all matters of conflict of as required by the Constitution and laws of thisinterest. State for State, County and City electors. B. Registration of voters shall be ARTICLE IX. ELECTIONS ordained by the City Council in accordance with State and Federal law.Sec. 1. Type of elections. Elections in the City shall be primary, Sec. 4. Qualifications of candidates.general or special. Qualifications of candidates shall be as A. Primary elections shall be held for prescribed in Article II, Section 6 of thisthe purpose of making nominations for the Charter.general election and electing officers ashereinafter provided and for such other Sec. 5. Arrangement of names on ballot.purposes as the Council may prescribe. A. The names of the candidates for Mayor shall be arranged on the ballot, as 1-18 8/10/03

provided by law, and nothing on the ballot shall five working days of receipt of the petition asbe indicative of the source of the candidacy or to whether the candidate’s name will be printedof the support of any candidate. on the ballot. B. The names of the candidates for (Amended 3/10/98; 5/17/05)Councilman shall be arranged by the Ward theyrepresent and as provided by law. Nothing on Sec. 7. Majority to elect in primary.the ballot shall be indicative of the source of A. At the primary election, anythe candidacy or of the support of any candidate for Mayor, who shall receive acandidate. majority of all the votes cast at such election, shall be declared elected to the office for whichSec. 6. Nomination for primary election. he is a candidate, and no further election shall A. Nominations for primary elections be held as to said office.shall be by petition of nomination, which shall B. At the primary election, anyconsist of a printed form or facsimile thereof, candidate for Councilman, who shall receive awhich shall be furnished to applicants by the majority of all the votes cast for said office atCity Clerk. such election, shall be declared elected to the B. The petition or petitions for office for which he is a candidate, and nonomination of Mayor, shall contain the further election shall be held as to said office.signatures of qualified voters, aggregating notless than 5% nor more than 10% of the total Sec. 8. Nomination for general election.number of electors voting at the last preceding A. If in a primary election one candidatemunicipal election for the office of Mayor. for Mayor does not receive a majority of the C. The petition or petitions for votes cast at large, then the two candidates withnomination of a Councilman, shall contain the the highest number of votes will be consideredsignatures of qualified voters, aggregating not nominated and their names will appear on theless than 5% nor more than 10% of the number ballot of the general election. In case of a tieof electors voting for Mayor in the nominee’s for second place, that candidate with theWard, at the last preceding election at which a highest number of votes and those tied forMayor was elected. second place will appear on the ballot of the D. Nominating petitions for the primary general election. These shall be the onlyelection shall be presented to the City Clerk in candidates for Mayor in the general election.accordance with State election law timetables B. If in a primary election one candidateestablished in A.R.S. 16-311, or its successor for Councilman in a Ward, does not receive astatute. The City Clerk shall endorse on each majority of the votes cast at large forpetition the date and time when the same was Councilman then the two candidates with thereceived by him, and shall determine that the highest number of votes will be considerednominating petitions are substantially in the nominated and their names will appear on therequired form and contain the requisite number ballot of the general election. In case of a tieof signatures, prior to causing the qualified for second place that candidate with the highestcandidate’s name to be printed on the ballot. number of votes and those tied for secondNotice shall be given to the candidate within place, will appear on the ballot of the general 1-19 8/10/03

election. These shall be the only candidates for Within seven days after any election, theCouncilmen from that Ward in the general Mayor and Council shall canvass returns andelection. declare the results of such election. The City Clerk shall issue a certificate to each candidateSec. 9. Plurality to elect in general election. elected to office at any election. A. The candidate for Mayor, who shallreceive the highest number of votes at the Sec. 15. Alignment of Ward boundaries.general election shall be declared elected. A. Within twelve months of the B. At the general election, any effective date of this Charter and using thecandidate for Councilman who receives the 1980 census official count, the Council shallhighest number of all the votes cast for the reapportion and realign the boundaries ofoffice for which he is a candidate shall be Wards.declared elected. (Amended 3/10/98) B. Such realignment shall thereafter be C. In case of ties, the decision as to the made within twelve months after release ofwinner shall be determined by lot. official census information indicating a shift in population which will result in an imbalance ofSec. 10. Time of holding primary elections. more than five percent in Ward population. Primary elections shall be held in evennumbered years on a date set by the Mayor and ARTICLE X. INITIATIVE,Council by ordinance in accordance with State REFERENDUM AND RECALLlaw. (Amended 3/10/98) Sec. 1. Initiative, referendum; recall.Sec. 11. Time of holding general elections. There is hereby reserved to the electors of General elections shall be held on the the City the powers of the initiative andthird Tuesday in May in each even numbered referendum and of the recall of the electiveyear. officers. The provisions of the Constitution and general laws of this State, as the same nowSec. 12. Special elections. exist or hereafter may be amended, governing The Council shall provide the time, the initiative and referendum and the recall ofmanner and means of holding any special elective officers, shall apply to the use thereofelection. in the City so far as such provisions are not in conflict with the provisions of this Charter.Sec. 13. Early voting. The method and manner for early voting Sec. 2. Submission of measures to electors.shall be established by the Arizona legislature The Mayor and Council may, by Majorityin Title 16, Chapter 4, Article 8 of Arizona vote, submit to the electors at any regular orRevised Statutes, or their successor statutes. special election, any ordinance, referendum,(Amended 5/17/05) measure or question. (Amended 3/10/98)Sec. 14. Canvassing returns and declaring of ARTICLE XI. CITY COURTelection results. 1-20 8/10/03

Sec. 1. Establishment. There shall be and is hereby established in Sec. 1. Elections for approval and term ofthe City a municipal court, to be known and franchise.designated “The Douglas Municipal Court of No franchise shall be granted, extended orthe City of Douglas, Cochise County, State of renewed by the City without the approval of aArizona. (Amended 5/17/05) majority of the qualified electors residing within its corporate limits voting thereon at aSec. 2. State laws control. primary, general or special election; the The City Court shall be created in Council shall submit any matter for approval oraccordance with the general statutes of the disapproval to such electors at any primary orState and all statutes pertaining to the general election or call a special election forjurisdiction and procedure of said Court shall such purpose at any time upon thirty daysbe fully observed. notice; and the Council shall require, before calling any such election, that the estimatedSec. 3. Presiding officer; appointment; term. expense thereof (to be determined by the The presiding officer of the City Court Council) shall be first deposited by theshall be a City Magistrate, who shall be applicant for such franchise with the Cityappointed by the Mayor and Council and shall Clerk. No franchise shall be granted, extendedhold office for a fixed term of office according or renewed for a longer time than twenty-fiveto City ordinance. (Amended 3/10/98) years and no exclusive franchise shall ever be granted.Sec. 4. Qualifications of City Magistrate. A person to be qualified for the office of Sec. 2. Establishment of municipally ownedCity Magistrate shall have resided in the City and operated utilities.for at least one year and shall be at least thirty The City shall have the power to own andyears of age. operate any public utility to construct and install all facilities that are reasonably neededSec. 5. Disposition of fines, penalties and and to lease or purchase any existing utilityfees. properties used or useful to public service. The All fines, penalties and fees collected by City may also furnish service to adjacent andthe City Magistrate shall be paid promptly to nearby territories which may be convenientlythe designated officer of the City authorized to and economically served by the municipallyreceive them. owned and operated utility, subject to the limitations of the provisions of the general lawsSec. 6. Ordinance to give effect. of this State. The Council may provide by The Council shall pass all necessary ordinance for the establishment for such utilityordinances to give effect to the provisions of and provide for its regulation and control andthis article, not otherwise herein provided. the fixing or fates to be charged. The Council may by ordinance provide for the extension, ARTICLE XII. FRANCHISE AND enlargement or improvement of existing PUBLIC UTILITIES 1-21 8/10/03

utilities and provide reasonable reserves for office, take and subscribe an oath of office, insuch purpose. the form of the official oath required by the State Constitution. ARTICLE XIII. PUBLICITY OF RECORDS Sec. 3. Insurance. The Council may procure liabilitySec. 1. Publicity of records. insurance covering the City and its officers, All records and accounts of every office, agents, employees and members of boards,department or agency of the City, shall be open commissions and committees while engaged infor inspection by any citizen, any governmental or proprietary capacities. Therepresentative of a citizens organization, or any City may secure such other insurance as mayrepresentative of the press at all reasonable be deemed necessary or appropriate by thetimes and under such reasonable regulations as Council. The premiums for such insuranceestablished by the Council, except records and shall be paid by the City.documents the disclosure of which would tendto defeat the lawful purpose which they are Sec. 4. Short title.intended to accomplish, including, but not This Charter, adopted by the people of thelimited to lists of names and addresses of the City of Douglas, shall be known and may becitizens of the City, and except those records cited as the CHARTER OF THE CITY OFand documents which have been decreed as DOUGLAS, ARIZONA.being exempt from such disclosure by State orFederal laws or by a court of competent Sec. 5. Separability clause.jurisdiction of the State of Arizona or the If any provision of this Charter is heldUnited States of America. invalid, the other provisions of the Charter shall not be affected thereby. If the application of ARTICLE XIV. GENERAL the Charter or any of its provisions to any PROVISIONS persons or circumstances is held invalid, the application of the Charter and its provisions toSec. 1. Official bonds. other persons or circumstances shall not be All elected and appointed officers, and affected thereby.such other employees as the Council may bygeneral ordinance require, shall give bond in Sec. 6. Violations of Charter and Citysuch surety and amount as may be ordained by ordinances; imprisonment of violators.the Council. The premiums for such bonds The violation of any provisions of thisshall be paid by the City. Charter, or any ordinance of the City, shall be deemed a misdemeanor, and may be prosecutedSec. 2. Oath of office. by the authorities of the City in the name of the Every officer of the City, whether elected State of Arizona, or may be redressed by civilor appointed under the provisions of this action, at the option of the Council. AnyCharter, or under any ordinance of the City, person sentenced to imprisonment for violationshall, before entering upon the duties of his of a provision of this Charter, or of any 1-22 8/10/03

ordinance may be imprisoned in the City jail, Sec. 1. Rights of officers and employeesor, if the Council, by ordinance, shall so preserved.prescribe, in the County jail of Cochise County. Nothing in this Charter, except as specifically provided, shall affect or impair theSec. 7. Plenary and implied powers of the rights or privileges of officers or employees ofCouncil. the City or of any office, department or agency The Council shall have plenary power to existing at the time when this Charter shall takeenact and make all proper and necessary effect or any provision of law in force at theordinances, resolutions and orders to carry out time when this Charter shall take effect and notand give effect to the express, as well as the inconsistent with the provisions of this Charter,implied powers granted in this Charter to the in relation to the personnel, appointment, rank,end that a complete, harmonious and effective grade, tenure of office, promotion, removal,municipal government may be initiated, pension and retirement rights, civil rights orinstalled, operated and maintained in the City, any other rights or privileges of officers orand thereby protect and safeguard the rights, employees of the City or any office, departmentinterests, safety, morality, health and welfare of or agency.the City and its inhabitants. Sec. 2. Continuance of present officers.Sec. 8. Charter review. All persons holding administrative office A citizens committee shall be appointed at the time this Charter takes effect shallby the Mayor and Council every six years and continue in office and in the performance ofcharged with the responsibility of reviewing the their duties until other provisions have beenCharter and recommending proposed Charter made for the performance of such duties or forrevisions to the Mayor and Council, if any the discontinuance of such office.changes are deemed necessary. (Added3/10/98) Sec. 3. Continuance of present offices, departments or agencies. ARTICLE XV. GENDER A. Any office, department or agency provided for in this Charter to be named orSec. 1. Gender. with powers and duties the same or Wherever the context of this instrument substantially the same as those heretoforerequires words used in the masculine gender, existing, shall be deemed a continuation ofinclude the feminine and neuter; the singular such office, department or agency and shallnumber includes the plural, and the plural the have powers to continue any businesssingular; the word person includes a proceeding or other matters within the scope ofcorporation, company, partnership, association the powers and duties prescribed by thisor society as well as a natural person. Charter. Any office, department or agency, not provided for in this Charter, heretofore ARTICLE XVI. SUCCESSION IN existing, shall continue to exercise powers and GOVERNMENT duties as the same were heretofore exercised and shall have the power to continue any 1-23 8/10/03

business proceedings or other matters within proceeding, civil or criminal, pending when itthe scope of its regular powers and duties until takes full effect, brought by or against the Citysuch office, department or agency shall be or any office, department, agency or officerchanged or abolished by the Council as thereof.heretofore provided in this Charter. B. The powers conferred and the duties Sec. 8. Ordinances to remain in force.imposed upon any office, department or agency All ordinances, resolutions andof the City by the laws of this State shall, if regulations of the City, in force at the time thissuch office, department or agency be abolished Charter takes effect, and not inconsistent withby this Charter or under its authority, be the provisions hereof, are hereby continued inthereafter exercised and discharged by the force until the same shall be duly amended oroffice, department or agency designated by the repealed.Council, unless otherwise provided herein. Sec. 9. Inauguration of government underSec. 4. Continuance of appointive boards, this Chapter.commissions and committees. If a majority of the qualified electors of All appointive boards, commissions and the City, voting on the question, vote to ratifycommittees heretofore existing shall continue this Charter, the provisions of this Charter shalland shall exercise such powers and duties as go into effect for all purposes immediatelywere granted them until they shall be changed upon the approval of the Governor as providedor abolished by the Council as heretofore by the Constitution of this State.provided in this Charter.Sec. 5. Transfer of records and property. ARTICLE XVII. AMENDMENTS All records, property and equipmentwhatsoever of any office, department or agency Sec. 1. Method of amendment.or part thereof, all the powers and duties of This Charter, or any part or article orwhich are assigned to any other office, section thereof, may be amended in the mannerdepartment or agency by this Charter, or under provided by the Constitution of this State.its authority, shall be transferred and deliveredto the office, department or agency to which Dated in Douglas, Cochise County,such powers and duties are so assigned. Arizona, this 8th day of March 1982, and respectfully submitted.Sec. 6. Continuance of contracts. All contracts entered into by the City, orfor its benefit, prior to the time this Chartertakes effect, shall continue in full force andeffect.Sec. 7. Pending actions and proceedings. The adoption of this Charter shall notabate or otherwise affect any action or 1-24 8/10/03

City of Douglas Arizona Charter with Approved Amendments as of 17 May 2011

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City of Douglas Arizona Charter with Approved Amendments as of 17 May 2011 Document Transcript