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Title:
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Consideration of Citizen Petition by Ismael Morales
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Title
Consideration of Citizen Petition by Ismael Morales
Description
This report provides the City Council with information in response to a citizen petition was submitted by Ismael Morales at the April 19, 2023, Formal City Council meeting regarding public comment (Attachment A).
Report
Summary
The petition requests the City Council revise the Rules of Council Proceedings, Rule 9, to state "The Mayor or Presiding Officer, and Councilmembers will not make motions that limit public comment to no public comment. That includes for all items, new and continued, except for public hearings that are time certain that are opened and closed by the Mayor or Presiding Officer." Upon review by the Law Department, the request was determined to qualify as a Citizen Petition because it is an action within the purview of the City Council.
On March 6, 2023, a special Community and Cultural Investment (CCI) City Council Subcommittee was held with one agenda item on Mobile Home Park Displacement Options. During the special subcommittee meeting, City staff provided information on potential options to assist residents facing displacement from the Periwinkle, Las Casitas and Weldon Court mobile home parks. Additionally, the special subcommittee meeting provided the opportunity for concerned residents to provide several hours of public comment and testimony on the issue.
During the March 22, 2023, Formal City Council meeting, the City Council considered recommendations from the special CCI subcommittee meeting on March 6, 2023. The recommendations related to the mobile home parks were made available for public comment, which continued for over five hours.
On April 4, 2023, three members of the City Council submitted a letter to the City Manager to add an item on the April 5, 2023, Formal City Council meeting to consider a moratorium on the development of the Periwinkle, Las Casitas and Weldon Court mobile home parks. The consideration of a moratorium on the development of the three mobile home parks was added as Item 93 to the April 5, 2023, Formal City Council meeting. In light of the hours of testimony and public comment that was previously provided during the two meetings discussed in this report and multiple other prior Council meetings, the City Council voted to not hear further public comment during the April 5, 2023, Formal City Council meeting.
The City Council voted to limit public comment on Item 93 pursuant to the Rules of Council Proceedings and the Arizona Attorney General's Opinion I99-006 on Arizona's Open Meeting Law (OML), as established in Arizona Revised Statute (ARS) 38-431.09. The Arizona Attorney General's Opinion I99-006 states the City Council has a "right to limit public comment" and that the Law "neither requires nor prohibits" comment by the public and leaves it in the discretion of the public body. The opinion found the Arizona State Legislature's intent when adopting ARS 38-431.09 was to "open the conduct of the business of government to the scrutiny of the public." OML requires that a public body allow the public to attend and listen to open and public meetings, but it does not require the public body to allow people to speak at public meetings. Additionally, the Attorney General recognizes that if a public body allows the public to provide comment, it may put reasonable time, place and manner restrictions on the public comment.
OML is also incorporated into the Phoenix City Council's Rules of Council Proceedings. Council Proceeding Rule 11 states that "citizen comments will be heard for up to 30 minutes." However, Council Proceeding Rule 10 allows the City Council, upon majority vote, to suspend or modify its rules." During the April 5, 2023, Formal City Council meeting, a major of the City Council voted to modify its rules of public comment in accordance with the Rules of Council Proceedings.
Options for Council Action
Accept the petition and direct staff to prepare amendments to the City Code and Rules of Council Proceedings.
Deny the petition
Department
Responsible Department
This item is submitted by City Manager Jeffrey Barton and the Law Department.