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An agenda item to install the newly elected mayor and council members was debated at the Holbrook Council meeting during a lengthy discussion on the legality of such action. Mayor Phil Cobb introduced the item that was added as an addendum to the agenda the day before.
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Vice Mayor Richard Peterson stated by first prefacing that he was very happy with the results of the election and that he looked forward to serving with Merrill Young, who was elected mayor in the recent election. Then added, “This is in violation of the city charter, Arizona Revised Statute and contrary to past understanding of practice.” He noted that according to charter, the new term for mayor and council members begins after the General Election, which will be held on May 21. “The charter states the newly elected mayor and council members shall be inducted or seated immediately after council approval of the canvas of the General Election.
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“Prior practice has always been that the term begins at the end of May or sometimes the beginning of June. In plain English it (the charter) says that the term for mayor or council is four years. To swear in anybody tonight would in effect make their term of service four years and two months. We have not the authority as a council to extend that term from four years to four years and two months.
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Peterson clarified that this had nothing to do with personalities, but what the charter says is what the council has to do, reminding the council that violation of the charter is a misdemeanor. He also noted that by seating someone in office two months early it shortens the term of office of those seated, in effect creating a recall election.
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Arizona statute supports the charter stating that even if an individual wins a primary election outright, term of service is not to begin until the date of the general election.
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Councilwoman Francie Payne stated “I am not a big proponent of doing something just because we’ve always done it.” Adding that she didn’t know if the city even needed to have a primary election because it wasn’t a bi-partisan office. “It’s my opinion that perhaps it’s time to change some of these things. We need to streamline and if it’s not necessary cut out one of the elections. In this case, if we didn’t have a ballot measure we wouldn’t have a general election. I’m not thrilled about racking up misdemeanors but if that’s what it takes then it’s time to make a change.”
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Peterson noted, “It’s not our charter, it’s the city’s charter. It’s the citizens’ charter and for us to cavalierly say we don’t care, we’ll just do it different is not a good argument.” He also noted that city charter outlines that the primary, as it refers to cities, is a non-partisan primary that keeps the city from having five or six people on the general election with the winner getting maybe 20 percent of the vote. “The primary allows us to have two people in the General and one would then probably get the majority of the vote,” he added.
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Peterson also noted that the state statute does not say that a general election has to occur, it just sets the date for a general election and all elected officers will be seated after that date.
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Councilman Adam Marsh said he felt that the issue was up for interpretation and that he didn’t feel there was any “crystal clear language” in the charter on this circumstance. “There’s nothing in the Arizona State Statute nor the charter that says in the case of when elected officials are elected on the primary election that they are canvassed either ‘A’ or ‘B’. And the canvas of the general election is not the matter that we are talking about here. I’m not convinced that there is any part of our charter that is talking about what we are doing in this specific case.”
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Councilman Tim Dixon had requested legal council and the city’s attorney Brad Burns was contacted by phone and placed on speaker during the conversation. After listening to the issue at hand, Burns agreed with Peterson, stating that the charter states no elected officials shall be seated until after the canvas of the General Election vote, whether or not there are candidates in that election. “I don’t’ see a basis to seat new uncontested elected officials until such time as the canvasing of the general election has occurred.” He clarified that it is the date of the General Election is key, not whether or not a candidate or even an election has been held.
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Mayor Phil Cobb, who was elected in last year’s recall election, stated that it was always his intention to step down once a new mayor was elected. “I have no problem stepping down this evening and letting the new mayor take over.” He added that after introducing the canvas of the election he would entertain a motion to accept the new mayor. It was noted that if Cobb should resign as mayor, that would not cause Young to be installed as mayor. Charter states that upon resignation of the mayor it would trigger a vacancy and a new mayor must be appointed after 15 days but no long that 31 days from the existing council members.
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Cobb requested a five minute recess to discuss the matter with Young, who was present in the event he was sworn into office. Upon return from the recess, Cobb stated that he would remain in his position until after the general election. Following that statement the item listed on the agenda to swear in the mayor and council was tabled.
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The reasons as to why the item was introduced initially was not explained to the public but the three council members elected, Payne, Mike Nilsson and Marsh were all incumbents that already serve on council. Young was the only candidate for mayor and won outright.
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