Arizona republican., 1915-02-22
ORDINANCE NO. SO.
An Ordinance Prescribing the Rules
of Procedure For the Hearing Of

of Procedure For the Hearing OF
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 at 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 ne
reduced to writing. and by resolution
of the Commission be directed to be
served upon the City Manager and ne
heard and determined as the Commits
sion may direct, provided that such
new and additional charges, if pre-
ferred by some person or persons
other 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-
qured 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-
sci who may examine and cross eX-
anime witnesses, and otherwise assist
him III the presentation of his de-
Tense 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-
scented either in the form of affi-
iavits or official documents or by the
oral examination of witnesses pro-
duced at the hearing. who shall be
! to the truth, the whole truth and
nothing but the truth. Affidavits
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
tl,n 81.
offering it upon the counsel for the
opposite side at least one day before
| it is offered.
| SEC. A. The Mayor shall preside
at the hearing and shall see to ii
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
and all persons who shall fail OF
refuse to comply with his orders.
SEC. 5. 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 be 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. g. The City Commission may
| of its own motion, or at the request
of the City Manager. or the party OF
parties making the charges, may APP
point a competent stenographer OF
stenographers to take the testimony
and proceedings produced at the hear
ing.
| WHEREAS, the immediate opera
ton of this ordinance is necessary
for the preservation Of the public
peace, health and safety. an emery
ency is hereby declared to exist. and
this ordinance shall be in full force
and effect from and after its passage
by the Commission and approval by
the Mayor, and is hereby exempted
from the provisions of the city char
ter relating to the referendum.
PASSED by the Commission of Tho
City of Phoenix, this 18th day OF
February. 1915.
APPROVED this 18th day OF Feb.
ruary, 1915.
GEORGE Y. YOUNG,
Attest: Mayor.
FRANK THOMAS, City Clerk.