| Petitioning
City Council |
Street Paving by Skullduggery?
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The
petition Peter v. Gundlach submitted to Council on 5/2/06:
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The petition Peter v. Gundlach submitted to Council on 4/18/06:We petition the Mayor and the City Council of the City of Bisbee because:We have not received notification of what statutory exception is being invoked to authorize not employing a full time professional Civil Engineer on the staff of the City of Bisbee according to the City of Bisbee City Code 3.2.3. City Engineer REF: CHARTER, ARTICLE IV) The City engineer shall be appointed by the mayor and council and serve at the pleasure of the council. He shall perform and supervise all the engineering and surveying required in the planning, construction and maintenance of public works and improvements that are authorized by the council. In addition, he shall perform such other duties as may be prescribed by the council, and, in the absence of the building inspector, he shall perform the duties required of the building inspector. Petition We would like the Mayor and Council to
Consider the following solution: Possible Solution to Problem We would like the Mayor and Council to
Consider the following solution: |
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| City Hall's Response Incredibly, City Hall's sole response was to have Mayor Ron read from the Council dais a convoluted statement from our City Attorney. It was misleadingly suggested that Section 3.2.3 of the Bisbee City Code (requiring the City to have a City Engineer on staff) "has been superceded to some degree by the Charter" even though the Bisbee City Code (last updated in 2006) references Section IV of the Charter as the authority for Section 3.2.3. of the Code. Section 3.2.3. of the Code was also put in a bad light when it was noted that its enactment predates the Charter. However, what was ignored was that a large portion of our present City Code predates the Charter and that these older portions continue to remain in force by virtue of Section 16.08 of the Charter (Ordinances to Remain in Force). (Click here for City Hall's response read by Mayor Ron - Page 1) (Click here for City Hall's response read by Mayor Ron - Page 2) (Click here for City Hall's response read by Mayor Ron - Page 3) (Click here to read Peter von Gundlach's letter to Mayor Ron) If these PDF pages are not viewable on your computer, please try zooming out to 300% in your Adobe Acrobat Reader. |
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| City Code of the City of Bisbee 3.2.3. City Engineer (REF: CHARTER, ARTICLE IV) The City engineer shall be appointed by the mayor and council and serve at the pleasure of the council. He shall perform and supervise all the engineering and surveying required in the planning, construction and maintenance of public works and improvements that are authorized by the council. In addition, he shall perform such other duties as may be prescribed by the council, and, in the absence of the building inspector, he shall perform the duties required of the building inspector. |
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| CHARTER of the CITY OF BISBEE Section 16.08 Ordinances to Remain in Force. All ordinances, resolutions, and regulations of the City in force at the time this Charter takes effect and not inconsistent with the provisions hereof are hereby continued in force until the same shall be duly amended or repealed. |
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| CHARTER of the CITY OF BISBEE ARTICLE IV. ADMINISTRATIVE DEPARTMENTS, OFFICES & EMPLOYEES Section 4.01 Administrative Departments and Offices (a) Creation of Departments The Council, by ordinances not inconsistent with this Charter, shall provide for the organization, conduct and operation of the several offices and departments of the City as established by this Charter, for the creation of additional departments, divisions, offices, and agencies for their consolidation, alteration or abolition. (b) Officers and Employees The Council shall provide for the number, title, qualifications, powers, duties, and compensations of all officers and employees of the City. (c) Assignment of Powers and Duties The Council may assign additional functions or duties to offices, departments, or agencies. Where the positions are compatible, the Council may combine in one person the powers and duties of two or more offices created or authorized by this Charter. |
Why is there no Urban Planner on staff?The petition Sandy Upson submitted to Council on 5/16/2006: The following petition is intended to reflect the fact that over at least the past year or more citizens have on repeated occasions submitted questions to members of the City Council and/ or City Staff regarding the problematic observance, or indeed the lack of observance, of ordinances carried by the current Bisbee City Code or of requirements set forth in the Bisbee City Charter (last revised, 2002). As far as the public is concerned, these questions have either gone unanswered or were answered in such a way as to pose still further questions. PETITION: Whereas, it is mandatory by City Charter that “The Council, by ordinances not inconsistent with this Charter, shall provide for the organization, conduct and operation of the several offices and departments...established by this Charter...” (Section 4.01 a), that “the Council shall provide for...the title, qualifications, powers, duties and compensations of all officers of the City.” (Section 4.01 b), and that “...Those acts of the City Council shall be by ordinance which... establish (or) alter...any City department (or) office.” (Section 7.05 b). I, therefore, petition City Attorney John MacKinnon and/ or the members of the City Council: 1) to demonstrate that, despite appearances to the contrary, the Community Development Director has been hired A) in accordance with, and without alteration to, job descriptions, set by ordinance as mandated by the City Charter, stating requisite qualifications as to university training in urban planning and actual work experience as an urban planner, and B) in accordance with continuously existing City policy regarding timely public announcement of the opening, solicitation of applications for the position, interviews with prospective candidates, etc... 2) more generally, to present and explain to the public the statutory basis, if any, for any non-emergency City Council refusal to act within stated City Charter laws. |
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| City Hall "Responds" by Stonewalling Mayor Ron read from the Council dais a prepared statement suggesting that a recently approved organizational chart and hoped for job descriptions would somehow solve the problem (of Mr. Charley being improperly, if not illegally, hired to his present position). However, laws can not be applied retroactively, so any hocus pocus tinkering after the fact would never make a wholly improper hiring miraculously proper. City Manager Pauken has previously stated that to date he has no reason to question the validity of Charley as a city administrator, based upon actual performance. Pauken also stated that he has no reason to question the reassignment of Charley to the post of Community Development Director. It is less than comforting to note that, in not responding to Mr. Upson's petition, City Manager Pauken did not express any concern that Bisbee's City Charter was seemingly violated in the unorthodox hiring of Mr. Charley to his present position. It is also much less than comforting to note that City Hall ignored the petition's request to demonstrate that, despite appearances to the contrary, the Community Development Director has been hired in accordance with the City Charter and existing City policy. (Click here for details of City Hall's lack of an adequate response) If these PDF pages are not viewable on your computer, please try zooming out to 300% in your Adobe Acrobat Reader. |
Don't just complain about City Hall -- Ask them with a petition why they aren't doing their job! ... and then blow them a kiss when you're done! |
