ARS 41-563.02 Non-Compliance, 4-22-14 Special City Council Mtg. Agenda Item 3a
By Jean Jenks, Sedona Resident
(April 22, 2014)
I. According to Arizona Revised Statute 41-563.02, Elections for expenditures in excess of expenditure limitation:
It is not lawful (see ARS 41-563.02.B.8) for the City to state in AB 1767 that “…any citizen is allowed to submit an argument supporting or opposing the Home Rule–Alternative Expenditure Limitation Option.”
While ARS 41-563.02.B.8 allows any citizen to submit an argument in opposition to the AEL (Home Rule Option), an argument in support from a citizen is prohibited. Only the governing board (City Council), can legally submit an argument supporting the Alternative Expenditure Limitation.
It is not lawful (see ARS 41-563.02.B.8) for the City to state in AB 1767 that “The argument may not exceed three hundred (300) words in length” as the law limits arguments to two hundred words or less.
PLEASE TAKE NOTICE: THE PUBLICITY PAMPHLET FOR THE NOVEMBER 2014 AEL (HOME RULE) ELECTION MUST COMPLY WITH ALL LEGAL REQUIREMENTS OF ARS 41-563.02 INCLUDING, BUT NOT LIMITED TO, THOSE INDICATED ABOVE.
II. According to the City’s Resolution 2014-___ as proposed, “The Alternative Expenditure Limitation shall be adopted each year after a public hearing at which the citizens of the City of Sedona may comment on the proposed Alternate Expenditure Limitation.”
What does this sentence mean? I’m a little confused. Will there be Alternative Expenditure Limitation (Home Rule) elections every four years hence at the time of the November election of the Mayor and Council, or will the November 2014 AEL election be the City of Sedona’s last?