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AMENDING ARTICLE 3, SECTION 301(A),(B),(C),(D[1],[2]), 302 AND 305. ADDING SECTIONS 300 AND 306, AMENDING ARTICLE 4, SECTION 401(C); MESA CITY CHARTER RELATING TO THE ELECTED POSITION OF CITY MANAGER. ADDING ARTICLE IX SECTION 902 SUBSECTION (A)7; RELATING TO OBEDIENCE TO THE CONSTITUTION FOR ALL CANDIDATES, OFFICEHOLDERS AND EMPLOYEES.

Be it enacted by the People of Mesa:

"DIRECT ELECTION BY THE PEOPLE / PUBLIC ACCOUNTABILITY ACT

 

ARTICLE III – CITY MANAGER

SECTION 300: ELECTION, INTENT, ENACTMENT

Due to the direct influence on the tax rates and lives of the citizens of Mesa that the position of City Manager has, We the People of Mesa hereby declare that from this day forward we wish to have direct and constant influence on the person(s) holding this office.

therefore, instead of being appointed and publicly unaccountable, an election shall take place every two years during the council election, for the people in Mesa to decide who will best represent this independent office.

AFTER THE initial ELECTED TERM, A vote of the people at large shall be held every two years at the same time councilmembers are elected. Every candidate and officeholder shall strictly observe the rights of the people as specifically enumerated in the U. S. and Arizona Constitutions.

Section 301: COMPENSATION

The Council shall by vote of at least two-thirds (2/3) of its members appoint the City Manager for an indefinite term, and the Council shall fix his compensation. He shall be chosen on the basis of his qualifications for the office, with first preference given to applicants who reside in Mesa. He shall within sixty (60) days after his appointment and thereafter during his tenure in office reside in the City of Mesa. He shall be a citizen of the United States of America.

Section 301: ELIGIBILITY, TERMS, COMPENSATION, AND ELECTIONS

  1. ELIGIBILITY. QUALIFIED ELECTORS SHALL BE ELIGIBLE TO HOLD THE OFFICE OF CITY MANAGER. EACH CANDIDATE MUST BE AN AMERICAN CITIZEN.
  2. LIMITATION OF TERMS. No person shall be eligible to be elected to the office of Manager for more than six (6) consecutive two- (2-) year terms. A person shall not be eligible to be elected to a combination of Councilmember or Mayor in addition to Manager simultaneously. A City Manager who resigns shall not be eligible for re-election or appointment until the second (2nd) succeeding City election following the date of tender of written resignation. The first elected city manager term shall be considered the first term. The current appointed city manager shall be eligible to be elected for a maximum of two (2) terms.
  3. compensation. The council shall INITIALLY fix the manager’s compensation. Any FUTURE DIMINISHING or increasing of the compensation of the manager shall apply only during the following elected term (s) of OFFICE.
  4. ELECTIONS. Elections for City Manager shall be held in each even-numbered year as provided in Article VII. A City Manager shall be elected at the regular Primary election in september 2000 and at the next regular general election in November 2000 and at each succeeding regular election along with the Councilmembers beginning in March 2002. The number of signatures required to be nominated shall be the same as THAT OF mayorAL CANDIDATES.

  1. Any candidate for the office of City Manager who shall receive at the primary election a majority of the votes cast for that office shall be declared elected.
  2. A general election shall be held for those seats where no candidate was elected at the primary election. For each such seat, the two (2) persons (or more than two [2] in the event of a tie vote) receiving the highest number of votes cast for that office shall be the only persons named on the ballot at the general election.

 

Section 302: REMOVAL

The Council may remove the Manager at any regular or special meeting by a vote of at least two-thirds (2/3) of the Council. It may pay him severance pay not exceeding two (2) months salary. A dismissed Manager shall, upon his request, have a public hearing; however, the action of the Council shall be final and not subject to review by any court or agency. This Charter vests all authority to suspend and remove the Manager in the Council. The City Manager shall be subject to recall as all elected officers by the electors of the City as prescribed by state law and this CHARTER.

Section 305: ACTING CITY MANAGER

By letter filed with the City Clerk, the Manager shall designate a qualified City employee, and an alternate, to become Acting Manager in the event of his temporary absence or disability. The Council may revoke such designation and appoint another employee to serve as Acting Manager until the Manager shall return. Upon the City Manager’s resignation, death, or permanent incapacity, an election shall be held at the next election date, not less than thirty (30) days but not more than one hundred thirty (130) days pursuant to the constitution of arizona for an ELECTED successor to fill out the term, and replace the acting manager. The acting manager may choose to run for the office and become The Elected Manager.

exception - in the event of a recall, election procedures in the constitution of arizona shall prevail.

SECTION 306: OTHER REQUIREMENTS

These provisions are self-executing. No future legislative or administrative act shall diminish, reduce, or impair these provisions.

Severability. If a provision, sentence, or word of this Act or

its application is held invalid, the invalidity does not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable. In any court challenge to the validity of this article, any resident of Mesa has standing to defend its provisions in a court of competent jurisdiction. If any portion of this text is lawfully declared invalid after becoming law, all portions remaining in as much as possible shall remain in full force and effect, to enforce the language and intent of this act.

The City Charter is amended hereby. All parts of sections in conflict with these provisions are hereby repealed:

ARTICLE IV – DEPARTMENTS,

OFFICES, AND AGENCIES

Section 401: APPOINTIVE OFFICERS

(C.) CITY MANAGER. There shall be a City Manager appointed in accordance with Article III of this Charter . (THE CITY MANAGER IS ELECTED PER ARTICLE III OF THIS CHARTER.)

ARTICLE IX – GENERAL PROVISIONS

Section 902: PROHIBITIONS & PENALTIES

(a)7. ALL candidates, officeholders, and city employees shall strictly observe the rights of the people as specifically enumerated in the U.S. and Arizona Constitutions. No person(S) may violate this important provision."

Be it enacted as well by the people of Mesa, that all text in the quotes above shall appear in the ballot and Publicity Pamphlet, with the same layout, spacing, and wording as this original.

 

xxx


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