Arizona republican., 1915-02-18
ORDINANCE NO. 36. An Ordinance Prescribing the Rules of Procedure For the Hearing of Charqes AQalnst the Citx Mananer

Charges Against the City Manager. BE IT ORDAINED BY THE COM MISSION OF THE CITY OF PHOE- NIX. as follows:
 SEC. l. No charges other than those presented al the meeting of the Commission held on the 22nd day of January, 1915. and the meeting held on the 9th day of February, 1915 shall be heard or considered, unless
 such new and additional charges he reduced to, writing, and by resolution of the Commission be directed to DO served upon the City Manager and he heard and determined as the Commits sion may direct. provided that such ferred by some person or persons 'cther than the City Commission, shall be supported by affidavit filed with !he City Clerk. and no new or addi- tional charge shall be heard or de- termined in connection with those presented at said meetings unless said City Manager shall have full and fair opportunity to answer the same at said hearing: and if a reasonable adjournment upon the day set for the hearing of said resolutions be re-
 quired by the City Manager, such ad- journment shall be granted him as a matter of course.
 SEC. ,. At the hearing of said charges the City Manager shall be permitted to be represented by coun- sel who may examine and cross eX- anime witnesses. and otherwise assist him ill the presentation of his de- 1 Ifense. The Commission may likewise be represented by counsel to be desig- mated by the Mayor, but not more than two counsel in behalf of the prosecution of the charges shall be privileged to examine and cross ex- anime witnesses and address the Commission.
 SEC. 3. The evidence may be pre- sented either in the form of affi- davts or official documents or by the oral examination of witnesses pro- duced at the hearing. who shall be sworn by the City Clerk to testify to the truth, the whole truth and shall not be received unless it be shown that the persons making the same are unavoidably absent from the City of Phoenix at the time of the hearing, or by reason of illness are not able to attend the hearing. No affidavits shall be received at the hearing unless copies of the same shall have been served by the party offering it upon the counsel for the
 lo q+ Iaf
 it is offered.
 SEC 4 The Mayor shall preside lat the hearing and shall see to it that the hearing is conducted in an
 orderly and decorous manner, and
 shall have power and is hereby au-
 thoriZed to enforce his orders in that
 behalf by ordering the arrest or re-
 moval from the room in which such hearing shall be conducted of any land all persons who shal fail or
 refuse to comply with his orders
 SEC. ]. The order of proceeding at said hearing shall be as follows:
 Evidence in support of the charges shall first be admitted. The City Manager may then present. his evil dence constituting his defense Upon the conclusion of the evidence for the defense. evidence in rebuttal of the evidence introduced in behalf of the City Manager may then he heard. and if new matter be introduced in rebuttal, the City Manager may then introduce evidence to meet such new evidence At the conclusion of the taking of the evidence as aforesaid.
 the hearing shall terminate and the
 matter shall be submitted to the Commission for it's determination and action.
 SEC. s. The City Commission may
 of it's own motion. or at the request of the City Manager. or the party or parties making the charges. may ap- point a competent stenOgrapher or stenographers to take the testimony
 and proceedings produced at the hear ing.
 WHEREAS, the immediate opera tion of this ordinance is necessary for the preservation of the public peace. health and safety. an emerg- ! ency is hereby declared to exist, and this ordinance shall he in full force and effect from and after it's passage | by the Commission and approval by
 the Mayor and is hereby exempted
 from the provisions of the city char i ter relating to the referendum. PASSED by the Commission of the
 City of Phoenix. this 18th day of February. 1915.
 APPROVED this 18th day of Feb
 ruary. 1915.
 GEORGE [. YOUNG.
 Attest: Mayor.
 FRANK THOMAS. City Clerk.