Gallego Declares “Great” Emergency For Phoenix Amid Coronavirus Concerns

DiCiccio calls declaration "nothing short of martial law"

phoenix city hall

PHOENIX — Phoenix Mayor Kate Gallego declared states of emergency on Tuesday forcing the immediate closures of bars and required restaurants to only provide delivery, takeout and drive-thru service.

Phoenix City Councilman Sal DiCiccio immediately questioned Gallego’s decision to declare a “great emergency.”

“While I support reasonable precautions for businesses and individuals during this crisis, I am absolutely opposed to Mayor Gallego’s declaration of a “great emergency” in the City of Phoenix,” DiCiccio said in a press release. “By declaring a “great emergency” as opposed to a “local emergency” under Phoenix’s code, the Mayor would have unlimited power to rule the City of Phoenix by proclamation for however so long she chooses, with no recourse for Council to rescind or even question her actions.”

“These facts were confirmed in a meeting with City Manager Ed Zuercher, City Attorney Cris Meyer and my chief of staff, Sam Stone that concluded mere moments ago,” continued DiCiccio, “and are further affirmed by the following section from the Mayor’s official proclamation: ‘Section 6: This declaration of a local emergency shall continue to exist until it is terminated by the Mayor or the City Council. All departments of the City of Phoenix are strictly ordered to cooperate with the requests for material and personnel resources from the City Manager or Mayor.'”

“This is nothing short of martial law, and there is absolutely no way I can or ever will support such a measure,” concluded DiCiccio.

Republican Rep. Anthony Kern joined by House colleagues posted a defiant message to the Mayor on Facebook after the declaration:

Reps. Anthony Kern, David Gowan, Mark Finchem, and Sonny Borrelli point to a clock in their message to Gallego.

Phoenix residents are prohibited from attending the March 18, 2020 City Council meeting due to coronavirus concerns.

Residents can email comments at councilmeeting@phoenix.gov or call with comments before 2 p.m. Wednesday, March 18, at 602-262-6001. Resident comments will be read into the record.

Residents can watch the Council meeting live streamed at phoenix.gov or Phoenix Channel 11. Residents can call and listen to the meeting by following these steps:

Dial 602-666-0783
Enter the Meeting ID 625711874#
Press # again when prompted for attendee ID

 

Sec. 11-3. Powers and duties of the City Council, Mayor, and City Manager.

  1. The City
    1. Shall have the power to make, amend, and rescind regulations necessary for emergency management, but such regulations shall not be inconsistent with regulations promulgated by the Governor. Any regulation issued by the Council is effective when a copy is filed in the Office of the City
    2. Is empowered to declare a local The Mayor, or in the Mayor’s absence, the Vice-Mayor, shall have the authority to request the declaration of an emergency by the City Council.
    3. Is empowered to terminate a declared
    4. In the absence of specific authority in the State emergency plans and programs, the City Council shall take emergency measures, as deemed necessary to carry out the provisions of State and Federal
  2. The Mayor. In the event it is deemed necessary to declare the existence of a great emergency without delay, the Mayor, or in the absence or disability of the Mayor, the Vice-Mayor may, by proclamation, declare a local emergency to Such action, however, shall be subject to confirmation by the City Council at its next meeting. When an emergency is declared, the emergency plans adopted by the City Council shall be placed in operation.
    1. During a great emergency, the Mayor shall govern the City of Phoenix by proclamation and shall have the power to preserve the peace and order of the City.
  1. During periods of a declared local emergency, the Mayor may provide mutual aid to the other political subdivisions when required; and may request the State or a political subdivision to provide mutual aid to the City.
  1. The City
      1. Shall supervise and control the Office of Homeland Security and Emergency
      2. Is responsible in nonemergency periods to act on behalf of the Mayor and Council to develop an effective Emergency Management Plan and
      3. May accept for purposes of emergency management an offer by any government agency, or officer thereof, or an offer by any person, firm, or corporation for services, equipment, supplies, materials, or funds, whether by gift, grant or loan subject to the terms, if any, of the
      4. During emergencies, the City Manager shall act as the principal advisor or aide to the Mayor and City Council on emergency The City Manager’s major responsibility is to assure coordination among emergency forces and with higher and adjacent governments, primarily seeing that the OSHEM functions effectively. The City Manager shall assist the Mayor in the execution of operations, plans, and procedures required by the emergency.
      5. The City Manager or designee will assign a director to manage the operations in the

    The Phoenix City Code is current through Ordinance G-6638, passed November 6, 2019.

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