Title
Consideration of Citizen Petition Related to Amending Provisions of City Code Pertaining to Makeup of Ethics Commission
Description
This report provides the Land Use and Livability Subcommittee with information in response to a citizen petition submitted by Mr. Andre Williams at the April 22, 2021 Formal City Council meeting regarding amending provisions of the City Code pertaining to the makeup of the Ethics Commission (Attachment A).
THIS ITEM IS FOR DISCUSSION AND POSSIBLE ACTION.
Report
Summary
The petitioner requests the City Council to amend the City Code to change the required representation on the Ethics Commission to reflect the political party affiliation of Phoenix voters. The current Code section, Sec. 2-53, which the City Council approved in 2017, provides that the Commission shall have five members, with two members registered as members of the Democratic Party, two as members of the Republican Party, and one member registered with no party affiliation. The petition requests that the City Council amend the City Code to increase the membership of the Commission to seven members, with two Democrats, two Republicans, two independents, and one from other parties.
The petition further requests that the City Council change the required approval vote for the Ethics Commission to find a violation of the ethics policy from a super-majority affirmative vote of four of the five members, to a simple majority affirmative vote of four of the proposed seven members.
Background
The Ethics Commission is charged with reviewing inquiries regarding alleged ethics violations by City elected officials or board members, investigating, and determining violations. The petitioner states that the proposed Commission's 53% membership and representation is based on Phoenix voter registration, which he states is one-third each Democrat, Republican and Independent. The actual current voter registration party affiliation of Phoenix voters is 38% Democrat, 27% Republican, 34% other and 1% Libertarian. "Other" includes independents, which is not a recognized party, and voters with no party affiliation. The current total voter registration in the City is about 860,000, which is about 53% of the estimated 1,630,000 total population.
Options for Council Action
A. The City Council could deny the petition and maintain what City Council approved in 2017, which included current membership and representation of the Ethics Commission and super-majority affirmative vote requirement to find a violation of the Ethics Policy.
B. The City Council could accept the petition and direct staff to prepare an ordinance for City Council consideration on a future agenda to amend section 2-53 of the Code to adopt one or both of the changes proposed by the petition, or some modified version of the proposals.
C. The City Council could also provide other direction to staff for further consideration of the petition.
Department
Responsible Department
This item is submitted by the City Manager's Office and the Law Department.