Is It Time For Oro Valley To Have A City Charter? (Part 1)

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"Arizona's charter cities have rights that keep state lawmakers from interfering with decisions made by voters and their councils on strictly local matters."  This is from a ruling by the Arizona Supreme Court last year. (Source)

"The Arizona Constitution also gives cities the power to adopt their own charters. And... when it comes to issues of local concern, that constitutional right trumps state statutes."

There are 19 charter cities in Arizona. Tucson is one.  Others include Yuma, Mesa, Peoria, and Glendale,  Scottsdale is a charter city.  They created their first charter in 1961, when they were really just a small town of 27,000 residents:

"The [Scottsdale] City Charter is the basic document that defines the powers and functions of the city. It serves as the foundation of government for the city, but leaves the details of operation to local law. The City Charter sets forth the governance structure for and defines the qualifications and role of the elected officials - the Mayor and six Councilmembers. In broad strokes, the Charter also establishes the authority and responsibility of the city officers - the City Attorney, City Auditor, City Clerk, City Magistrate, City Manager, and City Treasurer. Any amendment or modification to the city's charter requires a public vote."

"The actual governing of the city is defined by the charter rather than by state, provincial or regional or national laws. A charter gives a city’s residents that flexibility to choose any kind of government structure allowed by law." (Source) 

Oro Valley does not have a city charter.  As a consequence, the State can interfere with the town's decisions.

Oro Valley is a town with a population of 42,000 headed toward 50,000 in just a few years.  It is no longer a little "burg".  It is, in fact, a growing city.

Is it time for Oro Valley to have a city charter?
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The City Of Oro Valley

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In March, we published a piece that posed the question: "Is It Time For Oro Valley To Have A City Charter? (Part 1)".  We received some comments to our posting.  We thought we would further explore the topic by researching what it takes to create and adopt a charter.

"Cities adopting charters are actually adopting constitutions setting out the basic governing procedures for their local government. This adoption process is similar to the one used by our famous founding fathers who met and created the constitutional basis of our national government. In adopting a city charter, a similar group of "founding fathers” creates a form of local government, or, to put it another way, these “founding fathers” determine their community's “destiny”."(Source)

Adopting a charter is also an opportunity for adopting a new, more representative form of council.  We can, for example, consider a mayor's position that is central to the operation of the town, as opposed to "mostly" ceremonial, as it is today.  We can change the number of members of town council to fewer, perhaps. We can even adopt an idea we reported last week regarding dividing the town into precincts and having one council member elected per precinct?

What is the case for change?

The governance structure in place today, with the exception of adding two council positions, has been in place forever.  Oro Valley is very different than it was thirty, twenty, or even five years ago. It is geographically bigger, larger in population and demographically different than it was then.  We are no longer a "little burg" way north of Tucson. We are, in fact, a major driver of change in the county.

There is also the advantage of "home rule" that we discussed in March.  A city charter gives Oro Valley the right to assert governance in areas were the state currently assets its right to govern us locally.  It gives us the opportunity to be unique and not driven by the Pheonix-based bureaucracy.

A new structure gives more "power" to the people in terms of managing the affairs of Oro Valley. A strong mayor position and precinct-elected officials can be held directly accountable for results. The precinct structure, for example, would give an area, say Rancho Vistoso, an individual on council who represents their interests, which could be vastly different than those who live in, say, Suffolk Hills.  They have someone to hold accountable to represent their interests.

Change is good. Oro Valley has changed. Oro Valley is going to grow.  Is it time for Oro Valley's governance to catch up with the change? What do you think?
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Guest View-Don Cox: "The Chartered City of Oro Valley"

Ten years ago, LOVE suggested that Oro Valley explore "Charter City" status. Oro Valley is most certainly qualified to become one. There is a process to do so. Unfortunately, our suggestion was overlooked at a time when the state mandated a change in our election dates, resulting in the loss of our unique and highly fitting March (primary) and May (final) election cycle.

Today, Don Cox, a town resident, shares his perspective on why Oro Valley should consider becoming a Charter City.

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For some time I have been looking at the pros and cons of Oro Valley becoming a Charter City as opposed to its current legal classification as a Town. That’s a distinction that I suspect few residents know or understand. In the 26+ years I have been a resident I don’t recall any ‘official’ conversation about it. There are several articles out there explaining the differences and I won’t go into any specific details at this point, but it behooves those who are interested to take a look at the benefits.

I, for one, believe the change would serves us well. Oro Valley has matured from a small ‘burb’ to a major influence, not only in Pima County, but our influence is felt around the State. It’s time we ‘chart’ our own course and rid ourselves of the State leashes.

 
According to a published report (Wikipedia – List of Municipal Communities) there are 47 chartered cities in AZ. They range in population from 3202 (Williams) to Phoenix (1608139) You become a chartered city through a voting process initiated by the Town Council. A charter (blueprint for management) is created and the public votes on it.

 
One of the options open to a charter city is that they get to choose their election dates. Currently we are mandated by the state to hold our elections in August and November. As you well know a large percentage of our population is elsewhere on the first Tuesday in August. And unless they request an ‘absentee ballot’ they miss the primary election. As you also well know, the Oro Valley Town Council candidates have been elected in the August primary in most if not all of the last ten elections. The alternative election dates are March and May, which are far better suited for our population.

 
Specific questions about becoming a charter city should probably be directed to the Town Clerks office. The Arizona Cities and Towns website has a lot of info also.

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Oro Valley Council To Study Feasibility Of An Industrial Development Authority

As reported in The Explorer,(below) the OV Council will initiate a Study Session to determine the feasibility of initiating a Industrial Development Authority in order to access bond funding for private interests intent on developing.


Industrial authority moved to study item

A proposal to start an industrial development authority in Oro Valley has been put on hold to give the council time to learn more about how the body would function.

The Oro Valley Town Council last Wednesday voted unanimously to hold a study session on the issue before making a final decision on it.

Councilwoman Salette Latas had requested that the item appear on the Feb. 17 agenda. The Explorer was unable to reach her before publication deadline last week for comment on the matter.

Latas subsequently said she asked to have the proposed industrial development authority on the agenda to weigh whether it would make sense for the town to establish one.

The IDA, which would function similar to other town commissions with members appointed by the council, would act as an intermediary to the bond markets.

Communities across the state have IDAs, which access bond funding for private interests intent on developing. The IDAs come in because often times the private interests don't have access to traditional funding.

With a local government's backing, bond financing often comes tax-free as well. Taxpayers are not financially liable for any of the debt incurred by the private interest in an IDA agreement.

In Oro Valley's case, the IDA issue came up as result of an inquiry from the operators of a charter school.

BASIS Charter School, a well-regarded public charter, has expressed interest in opening a school in Oro Valley. The non-profit that operates BASIS has schools in Scottsdale and Tucson.

School founder Michael Block had asked town economic development staffers if Oro Valley operates an IDA. Numerous charters across Arizona have gotten funding through IDAs. Pima County's IDA has provided more than $500 million in bond funding to charters over the past 10 years.

Because Oro Valley does not have an IDA, BASIS has looked outside to get funding.

"They have gone to the City of Florence for bond financing," according to Amanda Jacobs, Oro Valley economic development coordinator.

Jacobs told the council the school would be able to pay off its debt sooner by going through the Pinal County city, and would save nearly $400,000 in the process.

Block previously told The Explorer that he still intends to open in Oro Valley, possibly by the start of the next school term. The school has looked at an industrial site just off Oracle Road once occupied by Sanofi-aventis as a location for the new charter.

The town council still intends to discuss the possibility of initiating an IDA.

Oro Valley had an IDA from 1985 to 2006 when it was disbanded. In 21 years, the authority had not engaged in any bonding activity.

Tucson Gets To Keep When It Votes But Oro Valley Doesn't

If Oro Valley were a "Charter City" then it could ignore many of the dictates the come down from the state capital.  It could ignore, for example, the dictate that all local elections be held at the same time that state and national elections are held.   A judge has ruled that  cities of Phoenix and Tucson, and probably all other charter cities, like Scottsdale, can hold their elections when they want.

"Judge James Marner determined that the law interferes with a matter of purely local concern: Phoenix and Tucson’s authority to determine how to conduct elections. He wrote that the state cannot require cities to conduct elections in a way that violates their charter, a legal document that establishes local governments."

The ruling, however, does not apply to towns. Town's are not chartered cities. So Oro Valley must comply for the law. This means the 2014 primary will be held in August, when many residents are away. The election will be held in November when partisan local and national elections occur.

This introduces two thing into Oro Valley's election process.  First, it introduces partisan politics into what is supposed to be a non partisan election. Second, it introduces a group of voters who are completely unknowledgeable about Oro Valley but who happen to live here into the voter's group.  These are the "other" 60% who choose not to vote in our local elections. These are voters who vote based on who last spoke with them on the way into the polls or, perhaps, a sticker given to them on the way in.  That will change our election process enormously.

There are so many reasons why Oro Valley should become a charter city.  Add: Controlling our destiny at election time as one of them.
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Barry Gillaspie Gets Some Support

Dr. Carl Boswell sent me the following e-mail. I called Carl to advise him I would post his email, although he and I disagree on many of the issues he addresses as it concerns Council Member Barry Gillaspie. Rather than comment further, here is Carl Boswell's e-mail. He & I look forward to your comments.
Art
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Hi Art,
I hope you will accept the following statement for publication in the LOVE
Blog.

First, to let you know where I'm coming from, I'm a knee-jerk liberal, a
cactus hugger, a slow growth supporter, a charter member of the Oro Valley
Neighborhood Coalition, and I served on both General Plan efforts. My
introduction to fighting city hall was the failed effort to save Honey Bee
Canyon. Given that, I'd like to address the unwarranted criticism being
heaped on Barry Gillaspie.

Adding additional capacity to the new Hilton may seem like the proper
response to changing the zoning, but it misses the point. There are a lot
of righteous battles that deserve attention, but this one does not. Even at
60 ft tall, the hotel will still be substantially lower than the Hospital
across the street. The views of the mountains have already been obliterated
by the hospital and Splendido, not to mention the additional developments on
the ridge above El Conquistador. It is not clear to me which views
currently available will be destroyed by this structure? More
significantly, the amount of cold hard cash that moves through Ventana
Medical, the Northwest Medical Center and now Sanofi Aventis is staggering,
and these businesses all need access to high end accommodations and meeting
venues. The addition of the hotel is essentially a gold mine, providing an
income for the Town completely from outside the Town. At the same time it
presents an enticement for more high-tech industry to settle in Oro Valley.
If there was one thing the Town could have done to advance the stated goal
of attracting high-tech industry to Oro Valley, the new Hilton is it.

Concerning the incentive awarded to Sanofi to move into the larger
facility, I agree that it is a pittance when compared with their gross
income. But again, the point of the agreement is missed by such a narrow
negative view. The tax-break was essentially a show of support, which will
not go unnoticed when other clean, high-paying biotech firms consider Oro
Valley in which to set up shop. It would be foolish to not realize that a
LACK of support would also not go unnoticed.

This agreement should in no way be compared to what Vestar got for
bringing in Wal-Mart. That made me so mad I can still hardly talk about it.
If there was anything that made Oro Valley representatives look like
bumpkins, it was that deal. Remember that there are still some council
members that will be coming up for election in the next cycle who supported
this and their names are not Barry Gillaspie.

As for the crematorium, there have been a lot of histrionics about this
commercial operation, and it is baffling that it is being held up as
evidence that council members are inept. There is no legal method for
refusing to allow this business, which will be discreet and certifiably
non-polluting. A lot of folks are uncomfortable with the physical aspects
of human death, but they need to get over it and use some rationale.

If you want to scream about injustices, answer this question: Who
allowed the fire district to charge by the assessed value of a property,
rather than its size?" The answer is the State. Can't you just picture the
lobbying by fire districts to convince legislators that an illogical but
more profitable scheme was the best approach?

Finally, regarding much of the negativity toward Barry, it is worth
considering that diatribes sheltered by anonymity should immediately raise
suspicions of motive. Many of the particularly vitriolic statements seem to
come from just plain grouchy people. The adamant nature of the arguments
bring to mind the phrase "That's my story and I'm sticking to it", implying
an unwillingness to consider alternative ideas. Moreover, there is a clear
lack of understanding (or selective reading) of the General Plan. The
issues are complex, and legal constraints significant. If I could make one
suggestion it would be to take a relaxing deep breath, then actually talk to
Barry about the issues that bother you. You will be impressed with his
knowledge and grasp of the issues, and with his sympathy for those of us who
what Oro Valley to be some place special.

Carl A. Boswell