Title
Consideration of a Citizen Petition Related to the Procedures for Citizen Petitions
Description
This report responds to a citizen petition submitted by Jeremy Thacker at the Dec. 6, 2023 City Council Formal meeting regarding the citizen petition process (Attachment A). This petition is substantially similar to the petition submitted by Mr. Thacker at the Formal Council meeting on March 2, 2022 and heard by the Transportation, Infrastructure, and Planning Subcommittee on April 20, 2022.
Report
Summary
The submitted petition contained six requested action items:
1. Clarify the City's current process for handling citizen petitions.
2. Clarify the specific requirements to qualify as a citizen petition.
3. Can a petition be disqualified for any of the following?:
a. Lack of jurisdiction
b. Request illegal or unconstitutional action
c. Existing process for the request exists
4. Decide whether the instances described above were violations of the Charter.
5. Decide whether the instances described above were violations of the Open Meeting Laws.
6. If violations have occurred, what remedy is available to those who [are] damaged by the violations?
7. If violations have occurred, what are the consequences for those responsible for the violations?
Action items #1 - #3 qualify as citizen petitions. The requested clarification on the City's current process for handling citizen petitions and the specific requirements to qualify as a citizen petition can be posted online at the direction of the City Council. The City has an internal process, but the legal review is not documented or available as a public record. A review for disqualification evaluates the specific request and whether the request is within the jurisdiction of the City Council. If the requested action is clearly unlawful or unconstitutional, such petitions may be legitimately disqualified from consideration.
The remaining action items, #4 - #7, do not qualify as actions that the City Council can take in a public meeting; determining violations of the City Charter and Arizona's Open Meeting Law are not within the purview of City Council determination and depend on the specific facts or circumstances of a case.
Recommendation
Staff recommends the City Council authorize the process for handling citizen petitions and the specific requirements to qualify as a citizen petition be posted online.
Department
Responsible Department
This item is submitted by the City Manager’s Office and the Law Department.