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File #: 17-1866   
Type: Formal Action Status: Failed
Meeting Body: City Council Formal Meeting
On agenda: 2/15/2017 Final action: 2/15/2017
Title: Analysis of Citizen Petition
District: Citywide
Attachments: 1. Attachment 1 - Citizen Petition submitted Feb. 1, 2017 re PD Op. Order 4.48, 2. Attachment 2 - City Attorney Memo - Petition Analysis.pdf

Title

Analysis of Citizen Petition

 

Description

This report provides management's analysis of the petition submitted by Rick Robinson on Feb. 1, 2017 (Attachment 1). The Charter requires Council action on the petition in the regular course of business within 15 days. Staff recommends denial of the petition based on grounds set forth by the City Attorney (Attachment 2).

 

Report

Summary

The main component of the petition asks the Council to undo Phoenix Police Department Operations Order 4.48. A second component asks the Council to declare that Phoenix is a "sanctuary city."

 

First, no longer following Ops Order 4.48 as suggested in the petition would mean that the Council would be acting to have employees act in contradiction to state law (a fuller discussion of the legal problems with this petition's requested action is contained in Attachment 2).

 

Second, "sanctuary city" is not a term that is defined in the law, and has no commonly understood meaning that would be useful to police officers or City employees fulfilling their duties.

 

For these reasons, City management recommends denying the petition.

 

Department

Responsible Department

This report is submitted by City Manager Ed Zuercher and City Attorney Brad Holm.