Charter (updated through Nov 2011)

0.19 MB·English

CHARTER OF THE

CITY OF DOUGLAS, ARIZONA

The original charter for the City of Douglas was prepared by the Board of Freeholders as
provided by law and submitted to the qualified electors on May 18, 1982. Approval was
granted for the Charter by Governor Bruce Babbitt on October 1, 1982, with the exception of
Article VIII, Section 2, which was approved by Governor Rose Mofford on December 10,
1990.

The charter was amended by a majority of the qualified voters voting thereon on March 10,
1998, and the amendments were approved by Governor Jane Dee Hull on June 29, 1998.

The charter was amended by a majority of the qualified voters voting thereon on May 17,
2005, and the amendments were approved by Governor Janet Napolitano on July 29, 2005.

The Charter was amended by a majority of the qualified voters voting thereon on May 17,
2011, and the amendments were approved by Governor Janice Brewer on November 14, 2011.
1-1 8/8/07
The City shall have all the powers,
CHARTER OF THE CITY OF functions, rights, privileges and immunities
DOUGLAS, ARIZONA possible under the Constitution and general
laws of Arizona as fully as though they were
ARTICLE I. INCORPORATION, FORM specifically enumerated in this Charter, and all
OF GOVERNMENT, POWERS AND of the powers, functions, rights, privileges and
BOUNDARIES. immunities granted or to be granted, either
expressly or by implication, to Charter cities
Sec. 1. Incorporation. and to cities and towns incorporated under the
The inhabitants of the City of Douglas, provisions of Title 9, Arizona Revised Statues,
Arizona, within the corporate limits as now not in conflict herewith, and in addition, the
established or as hereafter established in the City:
manner provided by law, shall continue to be a A. May acquire property within or without
municipal body politic and corporate in its corporate limits for any City purpose
perpetuity, under the name of the “City of in fee simple or lesser interest or estate
Douglas, Arizona.” by purchase, gift, devise, lease or
condemnation. The City may lease, sell,
Sec. 2. Form of government. convey and otherwise dispose of any
real or personal property owned by the
The municipal government provided by this
City in the manner, for such
Charter shall be known as MAYOR-
consideration, and upon such conditions
COUNCIL-MANAGER GOVERNMENT.
as may be determined by the Council.
Pursuant to its provisions and subject only to
B. May designate and establish as
the limitations imposed by the State
floodways or flood plains, areas of land
Constitution and by this Charter, all powers of
within the boundaries of the City
the City shall be vested in an elective Mayor
reasonably required or necessary to
and Council, hereinafter referred to as “the
improve, extend, maintain or facilitate
Mayor and Council,” which shall enact local
the control or discharge of waters of
legislation, adopt budgets, determine policies,
rivers and streams and intermittent
and appoint the City Manager and such other
flowing creeks, washes, arroyos, drains
officers deemed necessary and proper for the
and channels together with surface and
orderly government and administration of the
floodwaters so as to prevent the loss of
affairs of the City, as prescribed by the
or injury to lives and damage to
Constitution and applicable laws, and
property and prevent and prohibit
ordinances hereafter adopted by the City. All
encroachments and obstructions within
powers of the City shall be exercised in the
the floodway and flood plain areas so
manner prescribed by this Charter, or if they be
designated and established by the City
not prescribed, then in such manner as may be
together with criminal and civil
prescribed by ordinances.
penalties for the violations thereof.

C. May adopt and may from time to time
Sec. 3. Powers of the City.
modify, a comprehensive plan of the
1-2 8/10/03
future physical development of the City development; (e) school sites; (f)
to serve as a guide to all future Council dedication and improvement of public
action concerning land use regulations rights-of-way; (g) bike paths and other
and expenditures for capital necessary transportation; (h) drainage;
improvements, and the Council may by (i) flood control; and (j) other public
ordinance implement said facilities necessary to maintain
comprehensive by adopting land use and satisfactory levels of service for said
development regulations including, but new development, as provided by
not limited to, an official map and ordinance which shall include definite
zoning and subdivision regulations. standards basing the foregoing
D. May levy and collect assessments and requirements on the needs of the
file liens on real property to collect inhabitants of said new development.
amounts owed to the City for garbage H. May require architectural and site plan
and trash collection, sewer rental review and approval prior to the
charges and water charges, ambulance development, construction,
charges and other City charges and reconstruction, or conversion of any
reasonable amounts expended by the building or structure other than a
City in the abatement of any nuisance, detached single-family dwelling.
demolition and removal of any legally I. May adopt specific plans for and use for
condemned building or structure and the areas within the City for the purpose of
cleaning and renovating of vacant lots refining the comprehensive plan.
which are offensive to the sight or smell J. May require removal of all signs not
or hazardous to the public health. conforming to the zoning ordinance.
E. May prescribe the number of times a Signs not in conformance upon the
notice is to be published, the place of effective date of this Charter shall have
publications and the form of such notice the privilege of amortization as
when publication of a notice in a determined by ordinance.
newspaper is directed or authorized by K. May provide remedies to prevent, abate,
law. and control pollution, including
F. May control and regulate the use and pollution of the air, water, and noise
enjoyment of its streets and alleys, pollution, and exercise its rights and
public grounds, or ways. privileges under equity or under
G. May require all persons, firms, or common law or statutory law to
corporations responsible for new suppress nuisances or to abate pollution
physical development within the City to in any form.
provide for or furnish, or pay a fee in L. May exercise any of its powers or
lieu of providing for or furnishing: (a) perform any of its functions, and may
public utility easements; (b) water participate in the financing thereof
production, storage and transmission; jointly or in cooperation, by contract or
(c) sewage collection, treatment and otherwise, with any one or more states,
disposal; (d) park land and political subdivisions, school districts,
1-3 8/10/03
Indian tribal councils, or any board, Councilman from each Ward. (Amended
commission or agency, a combination of 3/10/98)
them, or with the United States or any
department or agency thereof. Sec. 3. Elections.
The enumeration of particular powers by this
The first general election for the office of
Charter shall not be deemed to be exclusive,
Mayor and Councilmen under the terms of this
and in addition to the powers enumerated
Charter, shall be held the third Tuesday in May,
herein or implied hereby, or appropriate to the
1984. Commencing in 1984, and every two
exercise of such powers, it is intended that the
years thereafter, the general election shall be
City shall have and may exercise all powers
held on the third Tuesday in May.
which under the Constitution of this State, it

would be competent for this Charter
Sec. 4. Term of Mayor.
specifically to enumerate.
Commencing with the election held in 2012,

the Mayor shall be elected for a term of four
Sec. 4. Boundaries.
years and serve until his successor is elected
The boundaries of the City shall be the and qualified. No person shall be eligible to
boundaries as established at the time this succeed himself in the office of Mayor for
Charter takes effect, or as such boundaries may more than two consecutive terms. (Amended
be changed thereafter in the manner authorized May 17, 2011).
by law.
Sec. 5. Term of Councilmen.
ARTICLE II. THE MAYOR AND Councilmen serving on the date this Charter
COUNCIL takes effect shall continue to serve until the
election and qualification of each member’s
Sec. 1. Powers of the Mayor and Council. successor at the election held in 1984.
Commencing with the election held in 1984,
All powers of the City, not in conflict with
the Council seats for Wards 2, 4, and 6 shall
the Constitution of the State of Arizona and
have a two year term of office and the Council
subject to the limitations of this Charter, shall
seats for Wards 1, 3, and 5 shall have a four
be vested in the Mayor and Council, which
year term of office. At each subsequent
shall enact appropriate legislation and do and
election the term of office for all Council seats
perform any and all acts and things which may
shall be four years. No Councilman shall serve
be necessary and proper to carry out these
more than two consecutive terms which terms
powers or any of the provisions of this Charter.
or partial terms shall not exceed eight years.

Sec. 2. Number; selection.
Sec. 6. Qualifications.
The Council shall consist of a Mayor
A. The Mayor shall be a qualified elector
nominated and elected at large and six
of the City, at least twenty-five years of
Councilmen nominated and elected from within
age, and shall hold no other elected
their respective City Wards. There shall be one
public office for which he receives
1-4 8/10/03
compensation. The Mayor shall have continue to serve out the remainder of
physically resided in the City of this term. Time of residency in the area
Douglas for at least three years next realigned prior to redistricting shall be
preceding the date of such election or continued and considered as time of
appointment. The Mayor must reside residency in the new Ward for purposes
within the City limits during the term of of voting and seeking office.
this office. If the Mayor shall cease to
possess any of these qualifications or Sec. 7. Duties of Mayor.
shall be convicted of a crime involving
The Mayor shall be the chairman of the
moral turpitude, his office shall
Council and preside over its deliberations. He
immediately become vacant. City
may make and second motions and shall have a
employees are not eligible to stand for
voice and vote in all its proceedings. He shall
election or serve as Mayor.
be chief executive of the City government for
B. Councilmen shall be qualified electors
all purposes and recognized by the Governor
of the City, at least twenty-one years of
for purposes of military law and civil defense
age and shall hold no other elected
and shall have executive but no regular
public office for which they receive
administrative duties. On a majority vote (four
compensation. Councilmen shall have
votes) of the Council, the Mayor can be
physically resided in the City of
instructed to investigate the affairs of any
Douglas for at least three years next
department of the City government and the
preceding the date of such election or
official conduct of any officer of the City and
appointment. In addition thereto, a
report same to the Council. On behalf of the
Councilman shall have physically
Council, the Mayor shall confer and advise
resided within the ward from which he
with the Manager to insure that Council
stands for election or appointed for at
programs and policies are being carried out in
least one year preceding the election or
full. In addition thereto, the Mayor shall
appointment. Councilmen must reside
govern the City by proclamation during times
within the City and the Ward from
of riot, civil insurrection, major disaster and
which they were nominated and elected
times of great public danger. Unless otherwise
and/or appointed during their term in
provided herein, the Mayor shall appoint
office. If a Councilman shall cease to
members to the various committees, boards and
possess any of these qualifications or
commissions with the consent of the Council.
shall have been convicted of a crime
(Amended May 17, 2011).
involving moral turpitude, his office

shall immediately become vacant. City
Sec. 8. Mayor Pro Tempore.
employees are not eligible to stand for
The Mayor shall designate a member of the
election or serve as Councilmen.
Council as Mayor Pro Tempore, who shall
C. In the event that a Councilman ceases to
serve in such capacity at the pleasure of the
reside within the Ward from which he
Mayor. The Mayor Pro Tempore shall perform
was elected by reason of Ward
redistricting, then said Councilman shall
1-5 8/10/03
the duties of the Mayor during his absence or A. In case of a vacancy, for whatever
disability. reason, in the office of Mayor, the
Sec. 9. Salaries of Mayor and Councilmen Mayor Pro Tempore shall act as Mayor
until such vacancy is filled. The
The Mayor shall be paid $300 per month and
Council, by a majority vote of its
Councilmen shall be paid $ 200 per month
remaining members, shall within thirty-
which shall become effective upon adoption of
one days, but not less than fifteen days
this Charter. Any subsequent change must be
from the date of vacancy, fill the
done by amendment to the Charter and
vacancy in the office of Mayor from its
affirmative vote of the people.
own membership. Upon appointment of

one of the Councilmen to the office of
Sec. 10. Council to be Judge of
Mayor, said Councilman’s seat shall be
Qualifications of its Members.
deemed vacated and shall be filled in the
The Council shall be the judge of the
manner provided in Subsection B
election and qualifications of its members and
hereof.
for such purpose shall have power to subpoena
B. In case of a vacancy, for whatever
witnesses and require the production of
reason, in the Council, the remaining
records, but the decision of the Council in any
members, including the Mayor, shall, by
such case shall be subject to review by the
a majority vote, select a qualified person
courts.
from the Ward in which the vacancy

occurs. The vacancy in the Council
Sec. 11. Induction of Mayor and Council
shall be filled within thirty-one days, but
into Office.
not less than fifteen days from the date
On the first regular meeting during the
of the vacancy. The appointed
month next following the general election, the
Councilman shall serve until the next
Council shall hold a meeting for the purpose of
general election, or until his successor
inducting the newly elected Mayor and
shall have been qualified.
Councilmen, and to organize the Council.
C. If the vacated Council seat has in excess

of two years remaining in its term, the
Sec. 12. Absence to Vacate Office.
appointed Councilman shall serve until
If the Mayor or any Councilman shall be
the next election. At that election,
absent without appropriate excuse from regular
candidates for Councilman from said
meeting which time shall exceed three
Ward shall run for the remainder of the
consecutive months and which absences shall
unexpired term of the vacated Council
be duly recorded in the journal, he shall
seat, and the ballot shall designate that
thereupon cease to hold office and the office
said candidates are running for the
shall be deemed vacant. (Amended 3/10/98)
unexpired term, or other suitable

designation indicating that it is a “short
Sec. 13. Vacancies in Council and Office of
term” of two years. In the event that the
Mayor.
unexpired term shall be in excess of two
years, but there is insufficient time
1-6 8/10/03
within which candidates can have their of the Council for a time not earlier than
name placed on the ballot for the twenty-four hours after written notice is given
primary election, then, in that event, the to all members of the Council or the notice is
Council, including the Mayor, shall fill left at their place of abode. In case of an
the vacated Council seat in the same emergency, a meeting may be held upon such
manner as if the vacancy were for a notice as is appropriate to the circumstances.
period of two years or less. At such meeting, business concerning only
D. Should a tie vote occur in an attempt to such emergency shall be acted upon.
select a person to fill such vacancy, and
because thereof, there shall be failure to Sec. 16. Rules of procedure; journal.
choose within a manner shown in this The Council shall determine its own rules
Section, the City Magistrate shall be and order of business subject to the provisions
entitled to vote in the same manner and of this Charter. It shall keep a journal of its
with the same effect as a member of the proceedings and the journal shall be open to the
Council for the sole purpose of filling public inspection.
the vacancy. In the event that the City
Magistrate is unable, for any reason, to Sec. 17. Quorum; ayes and nays.
cast the tie-breaking vote as provided A majority of the members of the Council
herein, then the Cochise County shall constitute a quorum, but a smaller number
Supervisor for this district shall cast the may adjourn from time to time until a quorum
deciding vote. (Amended 3/10/98) can be assembled. The vote on any question
shall be by ayes and nays and shall be entered
Sec. 14. Meetings of Council, boards, in the journal. At the request of any member of
commissions and committees. the Council, a roll call vote shall be taken.
A. The Council shall meet regularly at
such times and at such places as may be Sec. 18. Failure to vote.
prescribed by its rules, but not less frequently No member of the Council shall be excused
than one time each month. Notices of such from voting except upon matters involving the
meetings shall be posted in places convenient consideration of his official conduct or in such
to the public and the places of such posting matters as he may have a conflict of interest as
shall be kept on file with the City Clerk. set forth in the existing laws of this State. In all
B. All meetings of the City’s Council, other cases, each Councilmember must cast a
boards, commissions and committees shall be vote of aye or nay.
open to the public in accordance with Arizona
Revised Statues pertaining to the open meeting Sec. 19. Consideration of petitions.
law. Any citizen of the City may appear before
the Council at any regular meeting and present
Sec. 15. Special meetings. a written petition. Such petitions shall be
The Mayor, or Mayor Pro Tempore acting as considered and action taken thereon by the
Mayor, may call, or at the request of three Council at the next regular meeting. (Amended
Councilmembers shall call, a special meeting 3/10/98)
1-7 8/10/03
The Manager shall furnish a corporate surety
Sec. 20. Conduct of Council as to powers bond to be approved by the Council in such
authorized by Charter when no procedure sum as may be determined by the Council, and
established by State law. shall be conditioned upon the faithful
Whenever, by any provisions of this Charter, performance of the duties imposed upon the
it is prescribed that any power, duty or Manager as herein prescribed. The premium
procedure shall or may be exercised, performed for such bond shall be a proper charge against
or adopted in the manner established by any the City.
law of this State, and there be no procedure
established by law therefore, then the Council Sec. 5. Acting City Manager.
shall by ordinance prescribe the procedure. By letter filed with the City Clerk, the
Manager shall designate, subject to approval of
ARTICLE III. THE CITY MANAGER the Council, qualified City administrative
officers to exercise the power and perform the
Sec. 1. Appointment of Manager. duties of the Manager during his temporary
The Manager shall be appointed by the absence or disability. During such absence or
Council wholly on the basis of his disability, the Council may revoke such
administrative and executive ability and designation at any time and appoint another
qualifications and shall hold office for and at officer of the City to serve until the Manager
the pleasure of the Council. Whenever the shall return or his disability shall cease.
word “Manager” is used in this Charter it shall
be construed to mean the City Manager of the Sec. 6. Compensation.
City of Douglas, Arizona. The Manager shall receive such
compensation as the Council shall from time to
Sec. 2. Residence. time determine. In addition, the Manager shall
Residence in the City at the time of be reimbursed for all actual and necessary
appointment of a Manager shall not be required expenses incurred by him in the performance of
as a condition of the appointment, but within his official duties.
ninety days after reporting for work the
Manager must become a resident of the City Sec. 7. Powers and duties.
unless the Mayor and Council approves his The Manager shall be the administrative
residence outside the City. head of the government of the City under the
direction and control of the Council. He shall
Sec. 3. Eligibility. be responsible for the administration of all
No member of the Council shall be eligible affairs of the City which are under his control.
for appointment as a Manager until one year In addition to his general powers as
has elapsed after such Councilmember shall administrative head, it shall be his duty and he
have ceased to be a member of the Council. shall have the powers set forth in the following
subsections:
Sec. 4. Bond. A. Law Enforcement. It shall be
the duty of the Manager to see that all laws and
1-8 8/10/03
ordinances of the City and that all franchises, G. Budget. It shall be the duty of the
contracts, permits and privileges granted by the Manager and Treasurer, with the advice of the
Council are faithfully observed and to report finance committee, to prepare and submit the
any failure in that regard to the Council, which proposed annual budget. (Amended 3/10/98)
shall give such instruction and direction as it H. Expenditure Control and Purchasing.
may desire for remedial, corrective or It shall be the duty of the Manager to see that
terminating action by the Manager. no indebtedness is incurred or expenditure
B. Authority Over Employees. It shall be made in violation of the State laws applicable
the duty of the Manager, and he shall have the to cities or applicable provisions of this
sole authority to control, order and give Charter.
directions to all heads of departments and to I. Investigations and Complaints. It
subordinate officers and employees of the City shall be the duty of the Manager to make
under his jurisdiction through their investigations into the affairs of the City and
departmental heads. any department or division thereof. It shall be
C. Power of Appointment and Removal. the duty of the Manager to investigate all
Subject to the exceptions expressly provided by complaints in relation to matters concerning the
this Charter, it shall be the duty of the Manager administration of the City government and in
to, and he shall appoint, remove, promote and regard to the service maintained by public
demote any and all officers and employees of utilities in said City and report all findings to
the City, except City Magistrate, City Attorney, the Council.
City Clerk and Treasurer, City Physician and
Counsel. All this shall be subject to all Sec. 8. Internal relations.
applicable personnel ordinances, rules and A. Council-Manager Relations. The
regulations. Council and its members shall deal with the
D. Ordinances. It shall be the duty of administrative services of the City only through
the Manager to recommend to the Council for the Manager, except for the purpose of inquiry,
adoption, such measures and ordinances as he and neither the Council, nor any member
deems necessary. thereof, shall give orders or instructions to any
E. Attendance at Council Meetings. It employee or officer other than the Manager.
shall be the duty of the Manager to attend all The Manager shall take his orders and
meetings of the Council unless, at his request, instructions from Mayor with the advice and
he is excused therefrom by the Mayor consent of the Council only if promulgated at a
individually or by the Council. The Manager duly convened meeting of the Council, and no
shall present definite recommendations relative individual Councilman shall give any orders or
to each item on the agenda for approval, instructions to the Manager except for purpose
rejection or modifications by the Council. of inquiry.
F. Financial Matters. It shall be the B. Attendance at Commission Meetings.
duty of the Manager to keep the Council fully The Manager may attend any and all meetings
advised as to the needs of the City in such form of all commissions, boards or committees
and at such times as requested by the Council. created by the Council, upon his own volition
or upon the direction of the Mayor and
1-9 8/10/03
Council. At such meetings which the Manager ARTICLE IV. ADMINISTRATIVE
attends, he shall be heard by such commissions, DEPARTMENTS, OFFICES AND
boards or committees as to all matters upon EMPLOYEES
which he wishes to address the members
thereof, and he shall inform said members as to Sec. 1. Administrative Departments and
the status of any matter being considered by the Offices.
Council, and he shall cooperate to the fullest A. The Council, by ordinance not
extent with the members of all commissions, inconsistent with this Charter, shall provide
boards or committees. for the organization, conduct and operation
of the several offices and departments of the
Sec. 9. Removal procedure. City as established by this Charter, for the
A. The Council may remove the Manager creation of additional departments,
at any time by a 5/7th vote of its members. If divisions, offices and agencies and for their
requested, the Council shall grant him a public consolidation, alteration or abolition.
hearing within thirty days following notice of B. The Council may assign
removal. During the interim the Council may additional functions or duties to offices,
suspend the Manager from duty, but shall departments or agencies. Where the
continue his salary and, if the removal becomes positions are compatible, the Council may
final, shall pay his salary for one calendar combine in one person the powers and
month following the final removal date. In the duties of two or more offices created or
event of involuntary removal of the Manager authorized by this Charter.
by the Council for willful misconduct in office, C. The Council shall provide for the
the Manager shall forfeit any and all severance number, title, qualifications, powers, duties
pay. and compensations of all officers and
B. Discretion of Council. In removing employees of the City.
the Manager, the Council shall act at its
discretion and its action shall be final and shall Sec. 2. City Clerk.
not depend upon any particular showing or The Mayor, with approval of the Council,
degree of proof at the hearing. shall appoint an officer who shall have the title
C. Resignation of Manager. The of City Clerk, who shall be responsible to the
Manager shall provide the Council a minimum Council, and who shall give notice of all
of forty-five days written notice of intention to Council meetings, keep the journal of the
resign his position unless a shorter period of Council’s proceedings authenticated by his
time is approved by the Council. The Manager signature and recorded in full, in books kept for
shall assist the Council in the recruitment and that purpose, all ordinances and resolutions.
selection of a replacement if requested by the He shall perform such other duties as required
Council. In the event of resignation due to by this Charter or by ordinance.
health reasons, the period of written notice
shall be determined in conference between the Sec. 3. City Treasurer.
Manager and the Council. The Mayor, with the approval of the
Council, shall appoint an officer who shall have
1-10 8/10/03