Title
(CONTINUED FROM APRIL 20, 2022) - Consideration of Citizen Petition Related to the Process for Handling Citizen Petitions
Description
This report provides the Transportation, Infrastructure and Planning Subcommittee with information in response to a citizen petition submitted by Jeremy Thacker at the March 2, 2022 Formal City Council meeting (Attachment A).
THIS ITEM IS FOR DISCUSSION AND POSSIBLE ACTION.
Report
Summary
The petitioner requests the City Council to provide clarification on the citizen petition process and to answer several questions related to citizen petitions.
Clarification on the Citizen Petition Process
Mr. Thacker requested clarification on the City's current process for handling citizen petitions and the specific requirements to qualify as a citizen petition. In response, Mr. Thacker has been provided with the Procedures for Citizen Petition process, dated Dec. 21, 2021 which outline the process and qualifications for citizen petitions.
Questions
Mr. Thacker requested to know whether a petition can be disqualified for any of the following reasons: lack of jurisdiction; the request is an illegal or unconstitutional action; or an existing process for the request exists. As outlined in the Procedures for Citizen Petition process, dated Dec. 21, 2021 citizen petitions can be disqualified for lack of jurisdiction and/or if the request is an illegal or unconstitutional action. Whether a petition can be disqualified if an existing process exists will depend on the specific circumstances.
Mr. Thacker also requested to know whether a decision by staff or Mayor to assign petitions to a subcommittee, board or body without City Council's approval violates the City Charter or City Code. The answer is no. Council action, by adoption of City Code, has given the Mayor (not staff) the authority to establish, modify and terminate subcommittees, as well as assign matters to be heard by subcommittees (City Code Chapter 2, section 2-60, Rule 5.).
Additionally, he inquired whether a decision by staff or Mayor without a vote from Council to assign a petition to a body other than the full City Council qualifies as an action by Council within 15 days. Although a decision by staff or the Mayor does not qualify as a Council action, Council acted by adopting section 2-60, Rule 5 of the City Code, giving the Mayor authority to manage City subcommittees. The Mayor has assigned hearings for qualified citizen petitions to the Transportation, Infrastructure and Planning (TIP) Subcommittee. The Procedures for Citizen Petitions determines how petitions will be handled under the regular course of business. If a petition is properly submitted (in writing, at a Formal Council meeting), the Law Department decides whether (or not) a submitted petition qualifies for action. If the petition qualifies, it is assigned to the next TIP Subcommittee meeting. All of this occurs within 15 days of submittal at a Formal Council meeting.
Mr. Thacker asked if violations have occurred, what remedy is available to those who were damaged by the violations and what the consequences are for those responsible for the violations. The response to this question would depend on the specific facts or circumstances of a case. The City code has given the City Manager authority to enforce provisions of the city code. Remedies or penalties for violating state laws, federal laws, or the constitution depend on the circumstances and an appropriate adjudication.
Department
Responsible Department
This item is submitted by the City Manager’s Office and the Law and City Clerk departments.