Arizona republican., 1915-02-21
ORDINANCE NO. SO.
An Ordinance Prescribing the Rules
of Procedure For the Hearing of
CHARGES Against the City Manaa ger.


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 be
reduced to writing, and by resolution
Iof the Commission be directed to be
served upon the City Manager and nc
heard and determined as the Commits
sion may direct. provided that such
new and additional charges, if pre-
ferrcd by some person or persons
other than the City Commission, shall
be supported by affidavit filed with
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 Il reasonable
adjournment upon the day set for
lthe hearing of said resolutions be re-
j0urnment shall he granted him as a
matter Of course.
SEC. =. At the hearing of said
charges the City Manager shall he
permitted to be represented by coun-
sci who may examine and cross ex-
anime witnesses, and otherwise assist
him in the presentation Of his de
Tense The Commission may likewise
he represented by counsel to be dcsig
mated by tho 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
sworn 10y the City Clerk to testify
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 unavoidaby absent from the
City of Phoenix at the time of the
not able to attend the hearing. NJ
affidavits shall he received at the
hearing unless copies of the same
shall have been served by the party
offering it upon the counsel for the
opposite side at least one day before
it is offered
SEC. 4. The Mayor shall preside
at 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
and all persons who shall fail or
refuse to comply with his orders.
SEC. S. 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 its determination and
action.
SEC. g. The City Commission may
of its 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 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 the
City of Phoenix. this 18th day OF
February. 1915
APPROVED this 18th day of Feb
ruary, 1915.
GEORGE Z. YOUNG,
Attest: Mayor.
FRANK THOMAS. City Clerk.
| Hire little salesman at The Re
publican office A Want AID will see
! moro cnStOmers Than Won can.