By Tammy Gray Despite a ruling by the Arizona Supreme Court that the state could not force charter cities to change their election dates, and a provision in the city charter that requires any changes to be approved by the voters, the Holbrook City Council appears to be moving forward with an ordinance that would both extend their terms of office, and change election dates for the city. Normally, an election would be held next month, in May 2021. It does not appear that the council has publicly discussed postponing or changing that election date, or extending the terms of council members in a public forum. The only evidence of the change is in the ordinance, which was first brought publicly before the council on April 8, approximately one month prior to when the election should have been held. A review of city council agendas and minutes dated July 9, 2020, through April 8, 2021, shows no appearance of the issue either on the agenda or the officially approved minutes of the meetings held during that time. An email sent out by city staff on Monday morning, April 19, showed the election ordinance still on the agenda for the 6:00 p.m. April 22 meeting to be held at city hall, and is open to the public that the city council represents. There will be time made available for citizens to speak regarding the proposed ordinance. According to the agenda for the meeting, the council is expected to vote on the ordinance at that meeting, and City Manager Ted Soltis recommends that it be approved. The decision by the Arizona Supreme Court regarding independence of cities and towns in regard to elections was made on Wednesday, April 14. A document prepared by City Manager Ted Soltis attached to the agenda states that, “The City of Holbrook’s election cycle is in conflict with Arizona’s consolidated election cycle. Per charter this conflict must be eliminated.” The document signed by Soltis goes on to state that section 9.10 of the city charter says that, “Primary elections shall be held on dates that conform to state and federal law.” And that section 9.11 of the charter says that, “General elections shall be held on dates that conform to state and federal law.” While that language does exist within the charter, several other sections related to elections and their timing are also addressed within the charter. Section 9.02 specifically relates to the “Application of State Law,” and states that state law, “shall apply and shall govern the nomination of elective officers and the conduct of elections, except as otherwise provided in this Charter or in ordinances adopted pursuant to this charter. The council shall have the power to make any additional provisions relating to the nominations of officers and to the conduct of elections not in conflict with or contrary to the provisions of the laws of this state or provisions of the charter.” While the charter does grant the council power to enact ordinances related to elections, it specifically states that those ordinances cannot be in conflict with the charter or with state law. With the state law regarding consolidation of elections ruled unconstitutional, the charter specifically stating the length of council terms and that council elections shall be held in odd years, and the 2021 election not having been discussed or addressed publicly by the council, and the city charter providing for changes to any of its provisions only through a vote of the citizens, the city may find itself in a difficult position. It is too late for the city to meet the timing required by the state and the charter to hold a May 2021 election. The Supreme Court has ruled that the state law requiring cities to change their election dates is unconstitutional and that cities are not bound by it. The Holbrook city charter does not provide an option for city council members to change their own length of terms or cancel or reschedule elections. The only way to change the charter is through a vote of the citizens. The council is not granted that authority by the charter. Public meeting laws also govern decisions made by the council, and no item regarding changing or postponing the city elections has been placed on the agenda or reflected in the minutes of council meetings at least since July 9, 2020. Council will address the election ordinance at 6:00 p.m. tomorrow, Thursday, April 22, at city hall. Council meetings are open to the public.
