Arizona republican., 1915-02-16
ORDINANCE NO. 36.
of Procedure For the Hearing of Charges Against the City Manager.

BE IT ORDAINED BY THE COM MISSION OF THE CITY OF PHOE- NIN, as follows:
 SEC. 1. 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 of the Commission be directed to be served upon the City Manager and be 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- l journment shall be granted him as
 matter of course.
 SEC. 9 At the hearing of said charges the City Manager shall be permitted to be represented by coun- sel wbo may examine and cross eX- anime witnesses, and otherwise assist him ill the presentation of his de- fense The Commission may likewise he represented by counsel to be desig mated by the Mayor but not more l 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-
 davits 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 nothing but the truth Affidavits shall not be received unless it be
 shown that the persons making the same are unavodably absent from the 1 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 opposite side at least one day before | it is offered
 SEC. f. 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. ,. 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
 lence 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 Ievidence 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. 6. 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 competent stenographer or
 stenographers to take the testimony land proceedings produced at the hear ing.
 Ition 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 it's passage lby 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 Iruary, 1915.
 GEORGE T.. YOUNG, Attest: Mayor.
 FRANK THOMAS. City Clerk.