Title
Consideration of Citizen Petitions Submitted by Mr. Jerry Van Gasse - Citywide
Description
This report provides the City Council with information in response to 16 citizen petitions submitted by Jerry Van Gasse at the October 21, 2026, Formal City Council meeting.
Report
Summary
Petition 1: Executive Session Complaints and Escalation
This petition requests City Council to direct the City Manager to provide written responses to questions regarding the City's Executive Session process.
Arizona's Open Meeting Law (OML), which governs the permissible topics and procedures for Executive Sessions, was enacted by the Arizona Legislature. In addition, Arizona law requires the Attorney General to compile and publish the Arizona Agency Handbook, within which the Attorney General has set forth and explains OML. The City is committed to complying with all applicable state law requirements.
Petition 2: Public Preservation of Open Meeting Law Objections
This petition requests City Council to adopt an ordinance amending the Phoenix City Code to authorize individual Council Members to object to and report alleged violations of Arizona's OML.
Arizona's OML, which governs the permissible topics and procedures for Executive Sessions, was enacted by the Arizona Legislature. In addition, Arizona law requires the Attorney General to compile and publish the Arizona Agency Handbook, within which the Attorney General has set forth and explains OML. The City is committed to complying with all applicable state law requirements. Staff does not recommend adopting a separate local ordinance addressing Executive Session discussions.
Petition 3: Executive Session Objections
This petition requests City Council to direct the City Manager to provide written responses to questions regarding a Council Member's objections during the City's Executive Session.
Arizona's OML, which governs the permissible topics and procedures for Executive Session, was enacted by the Arizona Legislature. In addition, Arizona law requires the Attorney General to compile and publish the Arizona Agency Handbook, within which the Attorney General has set forth and explains OML. The City is committed to complying with all applicable state law requirements.
Petition 4: Executive Session Rules Before the 2027 Executive Session Vote
This petition requests City Council to direct the City Manager to complete the City's response to Public Records Request, R042125-101526.
Public records requests are processed by the City in accordance with state law and City policy. This petition imposes additional mandates and deadlines that are not required by state law. The petitioner's pending records request is being processed by City staff. Staff recommends treating this request consistently with other public records requests.
Petition 5: Executive Session Confidentiality Notices
This petition requests City Council to adopt a resolution establishing a City policy on accurate Executive Session confidentiality notices.
Arizona's OML, which governs the permissible topics and procedures for Executive Sessions, was enacted by the Arizona Legislature. In addition, Arizona law requires the Attorney General to compile and publish the Arizona Agency Handbook, within which the Attorney General has set forth and explains OML. The City is committed to complying with all applicable state law requirements. Staff will review administrative procedures to determine if the City would benefit from additional clarification to promote transparency and consistency.
Petition 6: Continuous Telecast of Formal City Council Meetings
This petition requests City Council to adopt an ordinance amending the Phoenix City Code to require audio and live camera images of every Council Member and member of the public recognized to speak for the duration of every Formal City Council meeting.
Per Charter, the Council shall establish rules for its proceedings. The current rule provides a reasonable framework for the citizen comment period of the City Council's Formal meetings. The Council may amend their own rules without adopting specific, restrictive requirements as defined by petitioner.
Petition 7: Executive Session Governance
This petition requests City Council to direct the City Manager to provide written responses to questions regarding Executive Session governance.
Arizona's OML, which governs the permissible topics and procedures for Executive Sessions, was enacted by the Arizona Legislature. In addition, Arizona law requires the Attorney General to compile and publish the Arizona Agency Handbook, within which the Attorney General has set forth and explains OML. The City is committed to complying with all applicable state law requirements.
In Investigation No. OML 2023-0006, the Arizona Attorney General expressly found that the City's process for setting and noticing Executive Session meetings comports with OML and "balances the priority of openness in government with the administrative realities of governing a city of 1.6 million people." Similarly, in Case No. CV 2025-026278, a Maricopa County Superior Court judge found that the City's process complies with OML. That ruling is currently subject to review in the Arizona Court of Appeals.
Petition 8: Citizen Comment Broadcast Change
This petition requests City Council to direct the City Manager to provide written responses to questions regarding the February 2025 Citizen Comment broadcast change.
The current citizen comment period of the City Council's formal meeting is compliant with both the Council's rules of proceedings and Arizona's OML requirements. Records can be requested through the existing public records request process instead of through the direction of a staff project.
Petition 9: Executive Session Public Authorization
This petition requests City Council to direct the City Manager to provide written responses to questions regarding Executive Session public authorization.
Arizona's OML, which governs the permissible topics and procedures for executive sessions, was enacted by the Arizona Legislature. In addition, Arizona law requires the Attorney General to compile and publish the Arizona Agency Handbook, within which the Attorney General has set forth and explains OML. The City is committed to complying with all applicable state law requirements.
In Investigation No. OML 2023-0006, the Arizona Attorney General expressly found that the City's process for setting and noticing Executive Session meetings comports with OML and "balances the priority of openness in government with the administrative realities of governing a city of 1.6 million people." Similarly, in Case No. CV 2025-026278, a Maricopa County Superior Court judge found that the City's process complies with OML. That ruling is currently subject to review in the Arizona Court of Appeals.
Petition 10: Executive Session Legal Advice Exemption
This petition requests the City Council to direct the City Manager to provide written responses to questions regarding the Executive Session legal advice exemption.
Arizona's OML, which governs the permissible topics and procedures for executive sessions, was enacted by the Arizona Legislature. In addition, Arizona law requires the Attorney General to compile and publish the Arizona Agency Handbook, within which the Attorney General has set forth and explains OML. The City is committed to complying with all applicable state law requirements.
Petition 11: Recording and Preservation of Executive Sessions
This petition requests City Council to adopt an ordinance amending the Phoenix City Code to require City Clerk to make an audio recording of every Executive Session.
Arizona's OML, which governs the permissible topics and procedures for Executive Sessions, was enacted by the Arizona Legislature. In addition, Arizona law requires the Attorney General to compile and publish the Arizona Agency Handbook, within which the Attorney General has set forth and explains OML. The City is committed to complying with all applicable state law requirements. Staff does not recommend adopting a separate local ordinance addressing Executive Session discussions.
Petition 12: Public Observation of Executive Session Participation and Time
This petition requests City Council to adopt an ordinance amending the Phoenix City Code to allow the public to observe who enters, joins, and leaves each Executive Session.
Arizona's OML, which governs the permissible topics and procedures for Executive Sessions, was enacted by the Arizona Legislature. In addition, Arizona law requires the Attorney General to compile and publish the Arizona Agency Handbook, within which the Attorney General has set forth and explains OML. The City is committed to complying with all applicable state law requirements. Staff does not recommend adopting a separate local ordinance addressing Executive Session discussions.
Petition 13: Executive Session Recording and Preservation
This petition requests City Council to direct the City Manager to provide written responses to questions regarding Executive Session recording and preservation.
Arizona's OML, which governs the permissible topics and procedures for executive sessions, was enacted by the Arizona Legislature. In addition, Arizona law requires the Attorney General to compile and publish the Arizona Agency Handbook, within which the Attorney General has set forth and explains OML. The City is committed to complying with all applicable state law requirements.
Petition 14: Item by Item Public Authorization of Executive Session Matters
This petition requests City Council to adopt an ordinance amending the Phoenix City Code to require a separate City Council vote on every scheduled Executive Session.
Arizona's OML, which governs the permissible topics and procedures for executive sessions, was enacted by the Arizona Legislature. In addition, Arizona law requires theAttorney General to compile and publish the Arizona Agency Handbook, within which the Attorney General has set forth and explains OML. The City is committed to complying with all applicable state law requirements. Staff does not recommend adopting a separate local ordinance addressing Executive Sessions discussions.
Petition 15: Executive Session Attendance and Participation
This petition requests City Council to direct the City Manager to provide written responses to questions regarding Executive Session participation.
Arizona's OML, which governs the permissible topics and procedures for executive sessions, was enacted by the Arizona Legislature. In addition, Arizona law requires the Attorney General to compile and publish the Arizona Agency Handbook, within which the Attorney General has set forth and explains OML. The City is committed to complying with all applicable state law requirements.
Petition 16: Communications During Executive Sessions Convened for Legal Advice
This Petition requests City Council to adopt an ordinance amending the Phoenix City Code to restrict communications and deliberations during Executive Sessions held for legal advice.
Arizona's OML, which governs the permissible topics and procedures for Executive Sessions, was enacted by the Arizona Legislature. In addition, Arizona law requires the Attorney General to compile and publish the Arizona Agency Handbook, within which the Attorney General has set forth and explains OML. The City is committed to complying with all applicable state law requirements. Staff does not recommend adopting a separate local ordinance addressing Executive Session discussion.
Options for Council Action
A. Accept the petitions.
B. Deny the petitions.
C. Other direction to staff.
Staff recommends denying the petitions for the reasons stated above.
Department
Responsible Department
This item is submitted by City Manager Ed Zuercher and the Law Department.