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HomeMy WebLinkAboutAGENDApacket__03-25-25_0759_721
NOTICE OF MEETING
WORK SESSION - TOWN CODE AND COUNCIL RULES OF PROCEDURES
FOUNTAIN HILLS TOWN COUNCIL
Mayor Gerry M. Friedel
Vice Mayor Hannah Toth
Councilmember Gayle Earle
Councilmember Brenda Kaliviankis
Councilmember Rick Watts
Councilmember Peggy McMahon
Councilmember Allen Skillicorn
TIME:11:00 A.M. – WORK SESSION - TOWN CODE AND COUNCIL RULES OF PROCEDURE
WHEN:TUESDAY, MARCH 25, 2025
WHERE:FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the Town’s various
Commission, Committee or Board members may be in attendance at the Council meeting.
Notice is hereby given that pursuant to A.R.S. §1-602.A.9, subject to certain specified statutory exceptions, parents have a right to consent
before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the Town Council are audio
and/or video recorded and, as a result, proceedings in which children are present may be subject to such recording. Parents, in order to
exercise their rights may either file written consent with the Town Clerk to such recording, or take personal action to ensure that their child
or children are not present when a recording may be made. If a child is present at the time a recording is made, the Town will assume that
the rights afforded parents pursuant to A.R.S. §1-602.A.9 have been waived.
AGENDA
1.CALL TO ORDER – Mayor Gerry M. Friedel
2.ROLL CALL – Mayor Gerry M. Friedel
3.REGULAR AGENDA
A.DISCUSSION AND POSSIBLE DIRECTION: Related to potential revisions to Chapter 2 of the Fountain Hills
Town Code and Council Rules of Procedure.
4.ADJOURNMENT
Dated this _____ day of __________, 2025.
___________________________________
Angela Padgett-Espiritu, Acting Town Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call
480-816-5100 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable
accommodation to participate in the meeting or to obtain agenda information in large print format. Supporting
documentation and staff reports furnished the Council with this agenda are available for review in the Clerk's
Office.
Town Council Work Session of March 25, 2025 2 of 2
ITEM 3. A.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 03/25/2025 Meeting Type: Town Council Work Session - Town Code and Rules of
Procedure
Agenda Type: Council Discussion
Submitting Department: Administration
Prepared by: Angela Padgett-Espiritu, Town Clerk
Staff Contact Information:
Request to Town Council Work Session - Town Code and Rules of Procedure (Agenda Language): DISCUSSION
AND POSSIBLE DIRECTION: Related to potential revisions to Chapter 2 of the Fountain Hills Town Code and Council Rules of
Procedure.
Staff Summary (Background)
Summary
The Town Council will discuss and provide possible direction regarding potential revisions to Chapter 2 of the
Fountain Hills Town Code, which pertains to the governance and operations of the Town Council. Additionally,
this discussion will cover proposed updates to the Council Rules of Procedure to ensure alignment with best
practices, legal requirements, and operational efficiencies.
Background
Chapter 2 of the Town Code outlines the structure, roles, and responsibilities of the Town Council, including
procedural rules that govern meetings, decision-making processes, and public engagement. Periodic reviews of
this chapter and the Council Rules of Procedure help ensure that they remain current, effective, and reflective of
the Council’s needs.
Key topics for discussion may include, but are not limited to:
Meeting procedures, including agendas, public participation, and voting requirements
Roles and responsibilities of the Mayor, Councilmembers, and Town staff
Ethical considerations and conflict-of-interest policies
Potential procedural improvements to enhance transparency and efficiency
Considerations
The Council may provide direction on specific revisions, request additional staff research, or propose new
provisions to be incorporated in a future amended ordinance. Any proposed changes will be reviewed for legal
compliance and consistency with state law before final adoption.
Next Steps
Based on Council direction, staff will prepare a draft of recommended revisions for further review and potential
adoption at a future meeting.
Attachments
Rules of Procedure
Rules of Procedure Discussion Document
Form Review
Inbox Reviewed By Date
Town Attorney Aaron D. Arnson 03/19/2025 04:11 PM
Town Manager Rachael Goodwin 03/19/2025 04:58 PM
Form Started By: Angela Padgett-Espiritu Started On: 03/19/2025 08:21 AM
Final Approval Date: 03/19/2025
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Rules of Procedure - 9/06/2023
SECTION 1. RULES OF PROCEDURE/AUTHORITY
1.1 PROCEDURES
The following are the basis for and are used in conjunction with these basic Rules of Procedure for
meetings of the Council, Boards, Commissions and Committees:
A. State Law
B. Town Code, including these Council Rules
C. Parliamentary Procedure at a Glance, New Edition, by O. Garfield Jones
D. Roberts Rules of Order, 12th edition, as amended
In case of inconsistency, conflict, or ambiguity among the documents listed above, such documents shall
govern in the order in which they are listed.
1.2 PRESIDING OFFICER
As provided by the Town Code, the Mayor, or in the Mayor's absence, the Vice-Mayor, is the Presiding
Officer of all meetings of the Council. In the absence or disability of both the Mayor and the Vice-Mayor,
the meeting shall be called to order by the Town Clerk, whereupon, the Town Clerk shall immediately call
for the selection of a temporary Presiding Officer. If a majority of the Councilmembers present are unable
to agree on a Presiding Officer for the meeting, the meeting shall automatically be adjourned and all
agenda items shall be carried over to the next regular Council meeting.
1.3 PARLIAMENTARIAN
The Town Attorney shall serve as Parliamentarian for all meetings. The Town Clerk shall act as
Parliamentarian in the absence of the Town Attorney and the Town Manager shall act as Parliamentarian
in the absence of both the Town Attorney and Town Clerk.
1.4 SUSPENSION OF THE RULES
The Council, by a three-quarter vote of all members present, may suspend strict observance of these
Council Rules or other policies and procedures for the timely and orderly progression of the meeting;
provided, however, that a simple majority of the Council may cause a change in the order of items on the
agenda.
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SECTION 2. DEFINITIONS
2.1 AGENDA
As set forth in the Order of Business, an agenda is a formal listing of items to be considered by
(i) the Council at a noticed meeting of the Council or (ii) the applicable Board, Commission or
Committee at a noticed meeting of that body. The content of the agenda may not be changed less
than 72 hours prior to the public meeting, except in exceptional circumstances, but in no event shall
the agenda be altered less than 24 hours prior to the public meeting, unless otherwise authorized
by State law.
2.2 AGENDA PACKET
A compilation of documents supporting the items listed on the agenda and requiring Council
consideration or action, which may be used by Council, staff and the public for more in-depth
information than may be presented in an oral report. The agenda Packet is organized as set forth in
the Order of Business in Section 5 below and is made available electronically to the Council or to any
citizen on the Town's website: www.fountainhillsaz.gov by 6:00 p.m. the Thursday prior to the
date of the meeting.
2.3 CONSENT AGENDA
Items listed on the Consent Agenda are considered to be routine, non-controversial matters and will
be enacted by one motion and vote of the Council. All motions and subsequent approvals of Consent
Agenda items will include all recommended staff stipulations unless otherwise stated. There will be
no separate discussion of these items unless a Councilmember or member of the public so requests.
If a Councilmember or member of the public wishes to discuss an item on the consent agenda, he/she
may request so prior to the motion to accept the Consent Agenda or by notifying the Town Manager
prior to the date of the meeting. The item will be removed from the Consent Agenda and considered
in its normal sequence on the agenda.
2.4 COUNCIL
Collectively, the Mayor and Common Council of the Town of Fountain Hills.
2.5 COUNCIL RULES
These Town of Fountain Hills, Arizona Town Council Rules of Procedure.
2.6 MEETING
The gathering, in person or by technological devices, of a quorum of the Council, Boards, Commissions or
Committees, at which the Councilmembers, Board members, Commissioners, or Committee members
discuss, propose or take legal action, including any deliberations by a quorum with respect to such
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action. If a quorum is not present, those in attendance will be named for the record by the Town Clerk
or the staff liaison for a Board, Commission or Committee.
2.7 NEWSPAPER
A daily or weekly paid publication of general circulation within the Town of Fountain Hills, Arizona.
2.8 NOTICE
A formal announcement to the public that sets the date, time and the place at which a meeting will be
held. Such notice of meetings shall be in accordance with the State law, the Town Code and these Council
Rules.
2.9 QUORUM
The minimum number of Members of the Council, Board, Commission, or Committee that must be
present in order for business to be legally transacted. Unless otherwise specified in State law or the town
Code, a quorum is the majority of members of the public body.
2.10 TOWN
The Town of Fountain Hills, an Arizona municipal corporation.
SECTION 3. MEETINGS
3.1 REGULAR MEETINGS
A. Regular Meeting Date; Time. The Council shall hold regular meetings on the first and third
Tuesday of each month at 5:30 P.M. When deemed appropriate, any regular meeting date of
the Council may be changed or cancelled by a majority of the Council. Notice of the rescheduled
or cancelled meeting shall be given to the public as is reasonable and practicable under the
circumstances and in compliance with State law. All regular meetings shall be held at the Town
Hall Council Chambers or at such place as may be prescribed by the Mayor or the Town Manager.
The Council may provide for a "Call to the Public" at such regular meetings.
B. Holidays. When the day for a regular meeting of the Council falls on a legal holiday, no meeting
shall be held on such holiday, but such meeting shall be held at the same time and the same
location on the day designated by the Council that is not a holiday, unless the meeting is
otherwise cancelled by the Council.
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3.2 ADJOURNED MEETINGS
Any meeting may be adjourned to a time, place and date certain, but not beyond the next regular Council
meeting. Once adjourned, the meeting may not be reconvened except at the time, date and place
provided for in the motion to adjourn.
3.3 SPECIAL MEETINGS
The Mayor, the Town Manager, or the Town Clerk (upon the written request of three Councilmembers),
may convene the Council at any time after giving at least 24 hours' notice of such meeting to members
of the Council and the general public. The notice shall include the date, place, hour and purpose of such
special meeting.
3.4 WORK SESSIONS
A. How Convened; When Convened; Notice. The Mayor or the Town Manager (at his own discretion
or upon the written request of three Councilmembers) may convene the Council in a work session
at any time after giving notice at least 24 hours in advance of such work session to members of
the Council and the general public. The notice shall include the date, place, hour and purpose
of such work session.
B. Purpose. Work sessions are held for the purpose of presentations and discussions on such issues
that require more in-depth consideration of the Council than may be possible at a regular
meeting. No formal action of the Council may be taken at such work session, other than general
consensus or conveying direction to staff for further action. These work sessions shall not provide
for a “Call to the Public.”
3.5 EXECUTIVE SESSIONS
Subject to applicable State law, the Council may hold such closed executive sessions as necessary to
conduct the business of the Town.
3.6 EMERGENCY MEETINGS
As provided for by State law, the Mayor and Council or the Town Manager may call a special emergency
meeting to discuss or take action on an unforeseen issue where time is of the essence and sufficient time
does not provide for the posting of a meeting notice 24 hours or more before the meeting. Notice of an
emergency meeting of the Council will be posted within 24 hours following the holding of an emergency
meeting. The notice will include the emergency meeting’s agenda and a brief but complete description
of the nature of the emergency. Emergency meetings shall not provide for a "Call to the Public."
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3.7 MEETINGS TO BE PUBLIC
A. Open to Public. With exception of executive sessions, all regular, special and work session
meetings of the Council, Boards, Commissions, and Committees shall be open to the public.
B. Public Comment. Public comment is not taken at work sessions, emergency meetings or at special
meetings, unless the special meeting is held in place of a regular meeting, or unless the special
meeting includes a public hearing on the agenda.
3.8 MINUTES OF MEETINGS
A. Staffing. The Town Clerk shall ensure staff attendance at all regular, special, work session,
emergency and executive session meetings of the Council for the purpose of taking notes and/or
audio recordation of the meeting. The Town staff liaison to each Board, Commission or
Committee shall ensure staff attendance at all meetings for the purpose of taking notes and/or
audio recordings of the meetings.
B. Recordings; written minutes. To the extent possible, all open, public meetings shall be recorded
by means of audio or video technology. In addition, written minutes reflecting legislative intent
shall be taken so that an accounting of the issues discussed and actions taken are compiled and
entered into the permanent Minute Book of the Town and kept on file and of record in the Office
of the Town Clerk. Audio or video recordings of meetings will be retained for a period of time in
accordance with the current Town of Fountain Hills and/or State of Arizona approved records
retention and disposition schedules. Minutes shall identify speakers by name and shall indicate
whether they are Fountain Hills residents, and whether they support or oppose the proposed
action (i.e. "for" or "against") along with a summary of the speakers' verbal comments provided
at the meeting.
C. Availability. All meeting minutes of the Council, Boards, Commissions, and Committees are
deemed to be public records, with the exception of executive session minutes, which, while they
fall under the definition of and are considered public records by State law, are deemed
confidential and are only available under limited conditions or by Court Order. Transcribed
minutes, or the audio or video recordings of all open meetings of the Council, Boards,
Commissions, and Committees must be available for public review by 5:00 p.m. on the third
working day following each meeting, or as provided by State law. The Town Clerk or designee
shall ensure that the minutes of all regular, special meetings and work sessions of the
Council, Boards, Commissions, and Committees are made available through the Town's Web
Site, www.fountainhillsaz.gov within two working days following their approval, or as provided by
State law.
D. Executive Sessions. Minutes of executive sessions (1) shall be confidential; (2) are maintained and
secured by the Town Clerk; and (3) may be accessed only as provided by State law.
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E. Approval. Minutes of all meetings of the Council (other than executive sessions) may be approved
under the consent agenda, unless removed for discussion and separate action.
SECTION 4. NOTICE AND AGENDA
4.1 POSTING NOTICES
A. Time. The Town Clerk, or authorized designee, shall prepare all public meeting notices of the
Council, and shall ensure posting of the meeting notices no less than 24 hours before the date
and time set for said meetings in accordance with State law. The staff liaison to each Board,
Commission or Committee shall ensure that agendas are posted in the same manner as for the
Council.
B. Locations. Meeting notices shall be posted at a minimum of three locations within the Town,
including the Community Center, Town Hall, and the Town's website: www.fountainhillsaz.gov
4.2 AGENDA PREPARATION
A. Availability. The Town Manager, or authorized designee, shall prepare the agendas for all
meetings of the Council as set forth below. Agendas of all meetings of the Council shall generally
be available to the public no less than 72 hours prior to said meetings, except in exceptional
circumstances. In no event shall the agenda be made available less than 24 hours prior to said
meeting unless authorized by State law. Agendas and agenda packet materials are made
available through the Town's website. The staff liaison to each Board, Commission or Committee
shall ensure that the agenda is available in the same manner as required for the Council.
B. Submittal Process. Items may be placed on the Council agenda for discussion and possible action
by the following process (the agenda process for Boards, Commissions or Committees shall be
as determined by the applicable Department Head which shall be substantially the same as the
Council agenda submittal process):
1. All Departments: Preparation of the Staff Report with signatures of the department
director and staff (including all attachments) provided to the Town Clerk for submittal to
the Town Manager not later than two business days prior to agenda packet preparation
day (the Tuesday prior to the meeting date). Town Manager approves/amends items
and signs off, finalizing the item for inclusion in the agenda packet.
2. Mayor and Councilmembers: The Mayor or a Councilmember with the support of two
additional councilmembers may direct the Town Manager through the Future Agenda
Item Category to place an item on the next available agenda for consideration and
possible action.
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3. Town Manager and Town Attorney: The Town Manager or Town Attorney may place an
item on the agenda by including appropriate documentation.
4. Citizen or Group: A citizen or group may request an item be placed on an agenda through
the Manager, Mayor, or a Councilmember as indicated above.
C. Time Lines for Submission of Items.
1. Agenda items shall be submitted to the Town Manager by 2:00 p.m., not less than nine
calendar days prior to regular and special meetings to ensure timely delivery to
Councilmembers.
2. Agenda items for work sessions shall be submitted to the Town Manager by 2:00 p.m.,
not less than seven calendar days prior to the meeting to ensure timely delivery to
Councilmembers.
3. The Town Manager may approve exceptions to the schedule above in order to ensure
that the distribution of all agenda packets to the Council is in conformance with these
Council Rules.
4. Any requests requiring audio/visual support must be submitted to the Town Clerk for
coordination with the information and technology division a minimum of 48 hours prior
to the meeting to ensure proper coordination and preparation. Department directors
are responsible for obtaining presentation materials from applicants or presenters
involved in their respective agenda items.
D. Agenda Item Submittals for Council Executive Sessions. Items may be placed on the agenda for
Council executive session discussion (if in compliance with the Town Code and applicable State
Statutes) by the following process:
1. Submission by a Councilmember, the Town Manager, or the Town Attorney (with notice
to all Councilmembers).
2. Submission by the Mayor (with notice to all Councilmembers).
3. The Town Manager and the Town Attorney shall review the submittal for executive
session discussions prior to placement on the agenda, to ensure that the item is the
proper subject of an executive session pursuant to state law.
4. The Town Attorney shall advise the Town Clerk regarding the appropriate agenda
language of executive session items.
E. Agenda Packets. Full agenda packets for all noticed meetings (except executive session
documentation) of the Council shall be made available to Council members electronically, five
days before regular meetings and work sessions; provided, however, that agenda packets may be
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supplemented later under special circumstances so long as no agenda packet material is made
available less than 72 hours prior to the meeting, except in the case of exceptional circumstances
or an emergency meeting.
F. Removal Requests. Requests to remove items from the Consent Agenda occurring after the 72-
hour posting deadline will be announced by the Mayor at the beginning of the meeting at which
the item was scheduled. The posted agenda will remain unchanged.
4.3 DISTRIBUTION OF NOTICES AND AGENDAS
A. Copies. The Town Clerk shall ensure that the Mayor and Council receive copies of all meeting
notices and agendas and any documentation provided for said meeting electronically, not less
than 72 hours prior to the meeting, unless exceptional circumstances require a later delivery.
B. Distribution. The Town Clerk shall ensure that the meeting notices, agendas and packet
documentation, as deemed necessary, are posted to the Town's website:
www.fountainhillsaz.gov and made available to the Mayor and Council, the public, Town
Manager, Town Attorney, and staff electronically by 6:00 p.m. on the Thursday prior to the
date of the meeting.
C. Amendments. A posted agenda may be amended up to 72 hours prior to such meeting. In
exceptional circumstances, such agenda may be amended up to, but not less than, 24 hours prior
to the designated meeting, unless otherwise authorized by State Law. Amended agendas shall
indicate the date amended.
4.4 DISTRIBUTION OF MATERIALS/HANDOUTS FOR PROPOSED LANGUAGE TO AGENDA ITEMS
Mayor and Councilmembers: The Mayor and Councilmembers may submit a written document/handout
for councils' consideration regarding an item on the next council agenda. The document/handout must
be presented to the Town Clerk no later than 3:00 pm the day of the council meeting. Handouts
submitted after the deadline will not be disseminated to the council for consideration at that meeting.
The Town Clerk will place any Councilmember’s handout(s) along with any online public comment cards
at each station on the dais prior to the council meeting and will announce the documents when that
agenda item is under consideration.
This process will ensure the Town Clerk has the written document/handout for the permanent record,
solve any transparency issues, minimize any potential open meeting violations, and avoid any disruption
during the council meeting.
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SECTION 5. ORDER OF BUSINESS
5.1 ORDER OF BUSINESS
The Order of Business of each meeting shall be as contained in the agenda. The agenda shall be a
sequentially numbered listing by topic and a brief description of business items that shall be taken up for
consideration.
5.2 REGULAR MEETINGS
The agenda shall be prepared substantially in the following order, but may be amended for brevity:
AGENDA
Call to Order & Pledge of Allegiance
Invocation/Moment of Reflection
Roll Call
Statement of Participation
Reports by Mayor, Councilmembers and Town Manager (including proclamations) (No
discussion)
Presentations (if any)
Call to the Public (Non-agenda items) (preceded by the following paragraph)
Pursuant to ARIZ. REV. STAT. § 38-431.01 (H), public comment is permitted (not required) on matters
not listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council and (ii) is
subject to reasonable time, place and manner restrictions. The Council will not discuss or take legal
action on matters raised during "Call to the Public" unless the matters are properly noticed for
discussion and legal action. At the conclusion of the call to the public, individual Councilmembers
may (i) respond to criticism, (ii) ask staff to review the matter or (iii) ask that the matter be placed
on a future Council agenda.
Consent Agenda (preceded by the following explanatory paragraph)
All items listed are considered to be routine, non-controversial matters and will be enacted by one
motion and vote of the Council. All motions and subsequent approvals of consent items will include
all recommended staff stipulations unless otherwise stated. There will be no separate discussion of
these items unless a Councilmember or member of the public so requests. If a Councilmember or
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member of the public wishes to discuss an item on the consent agenda, he/she may request so prior
to the motion to accept the Consent Agenda or with notification to the Town Manager or Mayor
prior to the date of the meeting for which the item was scheduled. The item will be removed from the
Consent Agenda and considered in its normal sequence on the agenda.
Action Items (grouped by subject to the extent possible)
Council Discussion/Direction to the Town Manager
Future Agenda Items
Adjournment
All agendas shall have the following statement placed at the bottom:
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with
disabilities. Please call 837-2003 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to
request a reasonable accommodation to participate in this meeting or to obtain agenda information
in large print format.
A. Roll Call. Following the Call to Order and the Pledge of Allegiance, the Moment of
Reflection or Invocation and before proceeding with the business of the Council, the
Presiding Officer shall direct the Town Clerk or authorized designee to call the Roll, and
the names of Councilmembers both present and absent shall be entered into the minutes.
The order of roll call shall be: Mayor, Vice Mayor and then Councilmembers from the
Mayor's far right to the Mayor's far left.
B. Statement of Participation. Following the Roll Call, the Town Clerk will read the Statement of
Participation at each Regular meeting and will consist of the following: Anyone wishing to
address the council regarding items listed on the agenda or under “Call to the Public” should
fill out a request to comment card located in the back of the council chambers and hand it to
the Town Clerk prior to consideration of that agenda item. When your name is called, please
approach the podium, speak into the microphone, and state your name and if you are a
resident for the public record. Please limit your comments to three minutes. It is the policy
of the Mayor and Council to not comment on items brought forth under “Call to the Public.”
However, staff can be directed to report back to the council at a future date or to schedule
items raised for a future council meeting.
C. Report by Mayor, Councilmembers and Town Manager
The Mayor may use Reports to read proclamations or conduct other ceremonial matters
as listed on the posted agenda and reports may be given by the Mayor, Councilmembers
and Town Manager on current events and/or activities. (The Arizona Open Meeting Law
does not allow discussion or action on any matter mentioned during the reports.)
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D. Presentations. The Town Manager may use the Presentations section to provide the council
with an update from Department Directors, contracted service providers, neighboring
jurisdictions, and regional organizations.
E. Call to the Public.
1. All citizens and interested parties will be limited to a maximum of three minutes
to address the Council on a non-agenda item.
2. All citizens and interested parties wishing to speak before the Council shall fully
complete a Request to Comment form (Request Form). Request forms submitted by
those who indicate they will not speak will be grouped together in the order in
which the cards were received and by the categories of "for" and "against" relating
to the item indicated on the request forms. The Town Clerk will announce the number
of cards received, if any, and t h e number received per category.
3. At the conclusion of each citizen's comments, the Presiding Officer may take any or
all of the following actions:
a. Thank speaker for addressing issue.
b. Ask staff to review matter.
c. Ask that a matter be put on a future agenda.
d. Permit individual Councilmembers to respond to criticism raised during the
Call to the Public
4. At the discretion of the Presiding Officer a light and/or sound signals may be used to
indicate the commencement of the time for speaking and a warning light may flash to
show that the appropriate time has passed. A red light will signal that there is no
longer any remaining time.
E. Consent Agenda
1. The Consent Agenda includes items that are of such a nature that discussion is not
required, or issues that have been previously studied by the Council. These items
may be adopted by one motion and vote.
2. There is no detailed discussion on items listed under the Consent Agenda, unless a
member of the Council or any member of the public in attendance at the meeting
requests that an item or items be removed for discussion. Councilmembers or the
public may not ask a question without removal of the item from the Consent Agenda.
3. Items removed from the Consent Agenda are considered in their normal sequence
as listed on the agenda, unless called out of sequence as provided under Section 1.4
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(Suspension of the Rules) above.
F. Action Items.
1. At the time each business item is presented to the Council, the Town staff shall
present a report on the subject and the applicant, if any, may also speak. The Mayor
or the Town Clerk, or authorized designee, will then call the request forms of those
citizens desiring input and comments. All citizens and interested parties wishing to
speak before the Council shall fully complete request forms and submit the forms to
the Town Clerk, or authorized designee, prior to Council discussion of that agenda
item.
Sufficient request forms shall be located in the Council Chamber's Lobby (the public
entry area into the Chamber) and at the Town Clerk's position on the dais. Completed
request forms will be retained by the Town Clerk until the draft minutes are approved
by the Council at a subsequent meeting. Speakers' names and comments will be
included in the meeting minutes. Speakers will be called in the order in which the
request forms were received. If a speaker chooses not to speak when called, such
speaker will be deemed to have waived his/her opportunity to speak on that matter.
2. Those speaking before Council will be allowed three contiguous minutes to address
Council, but time limits may be waived, upon advice of the Town Attorney, by (a)
discretion of the Town Manager upon request by the speaker not less than 24 hours
prior to a meeting, (b) consensus of the Council at a meeting or (c) the Mayor
either prior to or during a meeting. Speakers may not (a) reserve a portion of their
time for a later time, or (b) transfer any portion of their time to another speaker.
3. Residents may also use the online request form to provide input regarding an item on
the agenda. The online form is found on the Towns website. The resident must
completely fill out the online form and submit it no later than 3:00 p.m. on the day of
the council meeting for this item. The Town Clerk will place copies at each
councilmembers station on the dais, and when the item is up for discussion after all of
the in-person comments have concluded, will read the speaker’s name and whether or
not they are “for” or “against” the item for the public record. Written comments
provided through the online form, will not be read out loud at the meeting.
4. The purpose of all public comments is to provide information and the speaker's views
for Council consideration. It is not appropriate for the speakers to question directly,
or debate the matter under consideration with staff, other speakers, the audience or
Councilmembers; all remarks will be addressed to the Presiding Officer and not to
individual Councilmembers. All comments shall be addressed through the Presiding
Officer who shall decide if any response is warranted and who, if anyone, shall address
the concern. Councilmembers may request, upon recognition by the Presiding Officer,
clarification of comments or materials presented by the speakers, any applicant's
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representatives or Town staff; provided, however, that no Councilmember shall
engage in debate directly with such speakers, representatives or Town staff.
5. Proper decorum, in accordance with Section 6.4 below, must be observed by
Councilmembers, by speakers in providing testimony and remarks and by the
audience. In order to conduct an orderly business meeting, the Presiding Officer shall
keep control of the meeting and shall require the speakers and audience to refrain from
abusive or profane remarks, disruptive outbursts, applause, protests or other conduct
that disrupts or interferes with the orderly conduct of the business of the meeting.
Personal attacks on Councilmembers, Town staff or members of the public are not
allowed.
6. Generally, agenda items requiring public hearings, other than those of a quasi-judicial
nature, shall be conducted in the following order:
a. The Presiding Officer will announce the matter that is set forth for a public
hearing, will then open the public hearing, and, if appropriate, ask the staff to
provide a report of the matter.
b. The Presiding Officer will then ask the applicant to speak regarding the matter.
c. After all public comments are heard, the Presiding Officer will close the public
hearing, and may ask staff or the applicant to respond to the comments.
d. The Presiding Officer may then call for a motion and second, if applicable,
and ask if Council wishes to discuss the issue. Council may then proceed to
discuss the matter.
e. Upon the conclusion of Council comment, the Presiding Officer will call for
action on the motion.
f. Exhibits, letters, petitions, and other documentary items presented or shown
to the Council on a public hearing item become part of the record of the
public hearing and shall be maintained by the Town Clerk.
g. Ten collated sets of written or graphic materials should be provided by the
speaker to the Town Clerk prior to the commencement of the hearing to allow
for distribution to the Council, key Town staff and the Town Clerk for inclusion
in the public record. Reduced copies (8”x 11") of large graphic exhibits should
be provided as part of the sets of materials for distribution as provided above.
The appropriate staff member shall be responsible to notify applicants of this
requirement.
7. Questions or comments from the public shall be limited to the subject under
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consideration. Depending upon the extent of the agenda and the number of persons
desiring to speak on an issue, the Presiding Officer may, at the beginning of the agenda
item, limit repetitive testimony, and limit the amount of time per speaker. Upon approval
of (a) the Presiding Officer or (b) a majority of the Council, persons may be allowed to
speak longer than three minutes. Councilmembers may ask the individual speaker
questions through the Presiding Officer.
8. Quasi-judicial hearings shall be conducted in accordance with the principles
of due process, and the Town Attorney shall advise the Council in this regard.
G. Council Discussion/Direction to the Town Manager. The Council may (1) request the Town
Manager to follow-up on matters presented at that meeting; and/or (2) a consensus of the
Council may request the Town Manager to research a matter and report back to the Council.
H. Adjournment. The open, public meeting of the Council may be adjourned by consensus of
the Council.
5.3 SPECIAL MEETINGS
A. As Substitute for Regular Meeting. If a special meeting is being held as an extension of or in
place of a regular meeting, the agenda shall be as set forth for a regular meeting.
B. Generally. For all other special meetings, the agenda shall be prepared in the following
order:
AGENDA
Call to Order
Roll Call
Consent Agenda (if needed - explanatory paragraph same as regular meeting)
Action Items (grouped by subject to the extent possible)
Adjournment
5.4 WORK SESSION MEETINGS
The primary purpose of work sessions is to provide the Council with the opportunity for in-depth
discussion and study of specific subjects. Public comment is not provided for on the agenda and
may be made only as approved by consensus of the Council. In appropriate circumstances, a brief
presentation may be permitted by a member of the public or another interested party on an agenda
item if invited by the Mayor and Council to do so. The Presiding Officer may limit or end the time for
such presentations.
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The work session agenda shall be prepared in the following order:
Call to Order
Roll Call
Work Session Statement (explanatory statement)
All Items Listed Are for Discussion Only. No Action Can or Will Be Taken. The primary purpose of
work sessions is to provide the Council with the opportunity for in-depth discussion and study of
specific subjects. Public comment is not provided for on the agenda and may be made only as
approved by consensus of the Council. In appropriate circumstances, a brief presentation may be
permitted by a member of the public or another interested party on an agenda item if invited by the
Mayor or the Town Manager to do so. The Presiding Officer may limit or end the time for such
presentations.
Agenda Items for Discussion (Items Numbered for Order)
Adjournment
SECTION 6. PROCEDURES FOR CONDUCTING THE MEETING
6.1 CALL TO ORDER
A meeting of the Council shall be called to order by the Presiding Officer, (the Mayor or in his/her
absence, by the Vice-Mayor). In the absence of both the Mayor and Vice-Mayor, the meeting shall
be called to order by the Town Clerk, who shall immediately call for the selection of a temporary
Presiding Officer.
6.2 PARTICIPATION OF PRESIDING OFFICER
The Presiding Officer may debate from the Chair, subject only to such limitations of debate as are
imposed on all Councilmembers, and he/she shall not be deprived of any of the rights and privileges
of a Councilmember by reason of his/her acting as Presiding Officer. However, the Presiding Officer
is primarily responsible for the conduct of the meeting.
6.3 QUESTION TO BE STATED
The Presiding Officer shall verbally restate, or shall ask the Town Clerk to verbally restate, each
question immediately prior to calling for discussion and the vote. Following the vote, the Presiding
Officer shall ask the Town Clerk or authorized designee to verbally announce the results of voting,
including the ayes, nays and abstentions. The Presiding Officer shall publicly state the effect of the
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vote for the benefit of the audience before proceeding to the next item of business. Formal votes
shall not be taken at work sessions or executive sessions.
6.4 RULES/DECORUM/ORDER
A. Points of Order. The Presiding Officer shall determine all points of order after consultation
with the Parliamentarian, subject to the right of any member to appeal such determination to
the whole Council. If any appeal is taken, the question (motion) shall be substantially similar to
the following: "Shall the decision of the Presiding Officer be sustained?" In which event,
following a second, a majority vote shall govern, and conclusively determine such question of
order.
B. Order and Decorum
1. Councilmembers: Any Councilmember desiring to speak shall address the Presiding
Officer and, upon recognition by the Presiding Officer, may speak.
2. Employees: Members of the administrative staff and employees of the Town shall
observe the same rules of procedure and decorum applied to Councilmembers. The Town
Manager shall ensure that all Town employees observe such decorum and will direct the
participation of any staff member in the discussion of the Council. The Town Manager
shall first be recognized by the Presiding Officer prior to addressing the Council. Any staff
member desiring to speak shall first be recognized by the Town Manager.
3. Public: Members of the public attending the meetings shall observe the same rules
of order and decorum applicable to the Council. Unauthorized remarks or
demonstrations from the audience, such as applause, stamping of feet, whistles,
boos or yells shall not be permitted by the Presiding Officer, who may direct a law
enforcement officer to remove such offender/s from the room.
C. Enforcement of Decorum. Proper decorum is to be maintained during all meetings by the
Council, staff and guests. It is the responsibility of the Presiding Officer of the meeting to
ensure compliance with this Policy. The Presiding Officer shall request that a speaker refrain
from improper conduct; if the speaker refuses, the Presiding Officer may end the speaker's
time at the podium. If the speaker refuses to yield the podium after being asked to do so
by the Presiding Officer, the Presiding Officer may (1) recess the meeting for a brief time (2)
end the speaker's time at the podium or (3) direct a law enforcement officer present at the
meeting to remove from the meeting the person whose conduct is disorderly or disruptive.
6.5 TELECONFERENCE PROCEDURE
Meetings may be conducted by teleconference as follows:
A. Prior Notice. When a Councilmember is unable to attend a meeting and desires to participate
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in the meeting by telephone, the Councilmember shall be permitted to do so provided he/she
gives the Town Clerk, or authorized designee, notice of his/her inability to be present at the
meeting at least 48 hours prior to the meeting.
B. Notation on Agenda. The notice of the meeting and the agenda shall include the following:
"Councilmembers of the Town of Fountain Hills will attend either in person or by telephone
conference call."
C. Public Access. Facilities will be used at the meeting to permit the public to observe and hear
all telephone communications.
D. Notation in Minutes. The minutes of the meeting shall clearly set forth which members are
present in person and which are present by telephone.
6.6 ADDRESSING THE COUNCIL
A. Manner of Addressing the Council.
1. Any member of the public desiring to address the Council shall proceed to the podium
after having been recognized by the Presiding Officer. There shall be no loud
vocalization (shouting or calling out) from the seating area of the Council Chamber.
At the podium, the speaker shall clearly state his/her name for the record and shall
indicate if he/she is a Town resident.
2. Special assistance for sight and/or hearing-impaired persons can be provided. Anyone
requiring such assistance should contact the Town Clerk 48 hours before a meeting to
request an accommodation to participate in the meeting.
B. Limitation Regarding Public Comment and Reports. The making of oral communications to the
Council by any member of the public during the "Call to the Public: (Non-agenda Items)" or
under an action item, shall be subject to the following limitations:
1. All citizens wishing to address the Council shall complete and submit a request form as
set forth in Subsection 5.2(F) above.
2. The Presiding Officer may limit the number of speakers heard on non- agenda topics
at any single meeting to allow the meeting to proceed and end in a timely manner.
3. If it appears that several speakers desire to provide repetitive comments regarding
a single topic, the Presiding Officer may limit the number of speakers.
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C. Motions.
1. Processing of Motions: When a motion is made and seconded, it shall be stated by
the Presiding Officer before debate.
2. Precedence of Motions: When a motion is before the Council, no motion shall be
entertained except the following, which shall have precedence in the following
order:
a. Fix the time to adjourn
b. Adjourn
c. Recess
d. Raise a question of Privilege
e. Table
f. Limit or extend limits of debate
g. Postpone to a certain time and date
h. Amend
i. Postpone Indefinitely
j. Main Motion
3. Motion to Postpone Indefinitely: A motion to postpone indefinitely is used to
dismiss an item on the agenda. This motion is debatable, and because it can be applied
only to the main question, it can, therefore, only be made while the main question
is immediately pending (a motion and second is on the floor). This motion is
commonly used to postpone an item until a more appropriate time.
4. Motion to Table: A motion to table enables the assembly to lay the pending question
aside temporarily when something else of immediate urgency has arisen, in such a
way that there is no set time for taking the matter up again. A motion to table
shall be used to temporarily by-pass the subject. A motion to table shall not be
debatable and shall preclude all amendments or debate of the subject under
consideration. If the motion shall prevail, the matter may be "taken from the table"
at any time prior to the end of the next regular meeting.
5. Motion to Limit or Terminate Discussion: Such a motion shall be used to limit or close
debate on, or further amendment to, the main motion. This is referred to as "Call
for the Question" and is the motion used to cut off debate and to bring the group
to an immediate vote on the pending motion; it requires a two-thirds vote. The vote
shall be taken by voice. If the motion fails, debate shall be reopened; if the motion
passes, a vote shall be taken on the main motion.
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6. Motion to Amend:
a. A motion to amend shall be debatable only as to the amendment. A motion
to amend an amendment on the floor shall not be in order.
b. An amendment modifying the intention of a motion shall be in order, but an
amendment relating to a different matter shall not be in order.
c. Amendments shall be voted on first, prior to consideration of subsequent
amendments. After all amendments have been voted on, the Council shall
vote on the main motion (as amended, if applicable).
7. Motion to Continue: Motions to continue shall be debatable only as to the propriety
of postponement. Motions to continue to a definite time shall be amendable and
debatable as to propriety of postponement and time set only.
D. Addressing the Council after Motion is made. After the motion has been made, or after a
public hearing has been closed, no member of the public shall address the Council without
first securing permission from the Presiding Officer.
E. Voting Procedure. After discussion has been concluded and the Mayor, the Councilmember
who made the motion or the Town Clerk has restated the motion under consideration, the
following procedure shall apply:
1. Casting a Vote:
a. In acting upon every motion, the vote shall be taken by casting a mechanical
yes/no vote, voice, roll call or any other method as determined by the
Presiding Officer, by which the vote of each member of the Public Body can
be clearly ascertained and recorded in the meeting minutes. Upon the request
of the Mayor or a Councilmember, the vote shall be taken by roll call.
b. The vote on each motion shall be entered into the record by names of the
Councilmembers voting for or against. The Record also shall include the names
of any member not casting a vote by reason of being absent from the room at
the time of the vote.
c. If a Councilmember has declared a Conflict of Interest, the Town Clerk shall
include a statement such as "Abstained due to declared Conflict of Interest"
in the official minutes as part of the results of the vote.
d. If the roll call method of voting is used, the Town Clerk or designee shall call
the names of all members in random order with each new vote concluding
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the vote with the Vice Mayor and Mayor respectively. Members shall respond
"Aye" or "Nay."
2. Failure to Vote:
a. All Councilmembers in attendance at a duly called meeting that requires formal
Council action are required to vote. A member may abstain from voting only if
he/she has a conflict of interest under State law, in which case such member
shall take no part in the deliberations on the matter in question.
b. Should a Councilmember fail to vote or offer a voluntary abstention, his/her
vote shall be counted with the majority of votes cast, unless the
Councilmember's vote is excused by the State law; however, in the event of
a tie vote, his/her vote shall be counted as "Aye."
3. Reconsideration: Any Councilmember who voted with the majority may move a
reconsideration of any action at the same or next regular meeting. To ensure that the
open meeting law requirements are met, a written request from such Councilmember
must be submitted to the Town Clerk’s Office at least nine days prior to the next
regular meeting. After a motion for reconsideration has once been acted upon, no
other motion for reconsideration thereof shall be made without the unanimous
consent of the Council.
4. The affirmative vote of a majority of a quorum shall be required for passage of any
matter before the Council.
SECTION 7. CONFLICT OF INTEREST
7.1 INTRODUCTION
Occasionally, a Councilmember may find himself/herself in a situation that requires a Councilmember
remove himself/herself from participation in discussion and voting on a matter before the Council.
This situation exists when the Councilmember has a "conflict of interest" as defined by the Arizona
Conflict of Interest Law. This law establishes minimum standards for the conduct of public officers
and employees who, in their official capacity, are, or may become involved with, a decision, which
might unduly affect their personal interests or those of their close relatives.
7.2 PURPOSE OF CONFLICT OF INTEREST LAWS
The purpose of Arizona's Conflict of Interest Law is to prevent self-dealing by public officials and to
remove or limit any improper influence, direct or indirect, which might bear on an official's decision, as
well as to discourage deliberate dishonesty.
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7.3 APPLICABILITY OF THE ARIZONA CONFLICT OF INTEREST LAW
The Arizona Conflict of Interest Law as now set forth or as amended in the future, applies to all
actions taken by Councilmembers, Board members, Commissioners, and Committee members.
7.4 DISCLOSURE OF INTEREST
Any Councilmember, Board member, Commissioner, or Committee member who may have a conflict
of interest should seek the opinion of the Town Attorney as to whether a conflict exists under the
State law. Any member who has a conflict of interest in any decision must disclose that interest
at the meeting and in writing on a form provided by the Town Clerk. The disclosure of the conflict
shall include a statement that the member withdraws from further participation regarding the matter.
The Town Clerk or designee shall maintain for public inspection all documents necessary to memorialize
all disclosures of a conflict of interest by a member.
7.5 WITHDRAWAL FROM PARTICIPATION
Having disclosed the conflict of interest and withdrawn in the matter, the Councilmember, Board
member, Commissioner, or Committee member must not communicate about the matter with anyone
involved in the decision making process in any manner. Further, the member should not otherwise
attempt to influence the decision and should remove himself/herself from the Council Chamber, or
other location where a meeting is being held, while the matter is considered. Failure to disclose any
conflict of interest is addressed in Section 7.8 below.
7.6 RULE OF IMPOSSIBILITY
In the unlikely situation that the majority of Councilmembers, Board members, Commissioners, or
Committee members have a conflict of interest and the Council, Board, Commission or Committee is
unable to act in its official capacity, members may participate in the discussion and decision after
making known their conflicts of interest in the official records.
7.7 IMPROPER USE OF OFFICE FOR PERSONAL GAIN
Public officers and employees are prohibited from using or attempting to use their official positions to
secure valuable things or benefits for themselves, unless such benefits are (A) part of the
compensation they would normally be entitled to for performing their duties or (B) otherwise
permitted according to State Law.
7.8 SANCTIONS FOR VIOLATIONS
Violations of the conflict of interest provisions set forth herein shall be punished as provided for in
State law.
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7.9 NON-STATUTORY CONFLICTS OF INTEREST
Occasionally, a Councilmember, Board member, Commissioner, or Committee member may feel that
he/she should ethically refrain from participation in a decision even though the circumstances
may not amount to a conflict of interest under the State law described above. It is the policy of the
Council to encourage members to adhere to strongly held ethical values, which are exercised in good
faith. However, subsection 6.6(E) (2) above encourages participation in the decision-making process
unless the matter involves a statutory conflict of interest set forth by State law.
SECTION 8. CODE OF ETHICS
PREAMBLE:
The citizens of Fountain Hills are entitled to have a fair, ethical, and accountable government, which has
earned the public’s full confidence. In keeping with the Town of Fountain Hills commitment to the
effective functioning of government, public officials, both elected and appointed, shall comply with both
the letter and spirit of the laws and policies affecting the operations of government; be independent,
impartial and fair in their judgment and actions and use their office for the public good and not for
personal gain.
The purpose of this policy for the Town is to ensure the quality of the Town Government through
ethical principles that shall govern the conduct of the Council and members of the Town's Boards,
Commissions, and C ommittees.
In furtherance of this purpose, we shall:
8.1 OBEY THE CONSTITUTION AND LAWS OF THE UNITED STATES OF AMERICA, THE
CONSTITUTION, AND LAWS OF THE STATE OF ARIZONA AND THE LAWS OF THE TOWN OF
FOUNTAIN HILLS. WORK TO ENACT AND ENFORCE LAWS THAT PROMOTE THE WELL-BEING
OF OUR COMMUNITY.
8.2 BE DEDICATED TO THE CONCEPTS OF EFFECTIVE AND DEMOCRATIC LOCAL GOVERNMENT
THROUGH DEMOCRATIC LEADERSHIP.
We shall honor and respect the principles and spirit of representative democracy and shall
set a positive example of good citizenship by scrupulously observing the letter and spirit of
laws, rules, and regulations.
We shall base our decisions on the merits and substance of the matter at hand. We shall
publicly share substantive information that is relevant to a matter under consideration by the
Council or Boards and Commissions, which we may have received from sources outside of the
public decision-making process, with the exception of confidential or privileged information
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which should remain as such.
8.3 AFFIRM THE DIGNITY AND WORTH OF THE SERVICES RENDERED BY THE TOWN GOVERNMENT
AND MAINTAIN A DEEP SENSE OF SOCIAL RESPONSIBILITY AS A TRUSTED PUBLIC SERVANT.
8.4 BE DEDICATED TO THE HIGHEST IDEALS OF HONOR, ETHICS, AND INTEGRITY IN ALL PUBLIC
AND PERSONAL RELATIONSHIPS.
A. Public Confidence. We shall conduct ourselves so as to maintain public confidence in Town
government and in the performance of the public trust. We recognize our responsibility,
when serving in our official capacity, and will practice the following:
• Engage in constructive conversations and debates that encourage the exchange of
ideas while avoiding personal attacks or derogatory language.
• Refrain from making verbal attacks upon the character or motives of other members
of the Council, Boards, Commissions, the staff, or the public.
• Refrain from making disparaging remarks about the other members of the Council,
Boards, Commissions, the staff, or the public.
B. Impression of Influence. We shall conduct our official and personal affairs in such a manner
as to give a clear impression that we cannot be improperly influenced in the performance of
our official duties.
C. Advocacy. We shall represent the official policies or positions of the Town Council, Board, or
Commission to the best of our ability when designated as delegates for this purpose. When
presenting our own individual opinions and positions to the public, the media, or other
stakeholders. We shall state they do not represent the Council or the town of Fountain Hills nor
imply that they do.
8.5 RECOGNIZE THAT THE CHIEF FUNCTION OF LOCAL GOVERNMENT IS AT ALL TIMES TO SERVE
THE BEST INTERESTS OF ALL THE PEOPLE.
We shall treat our office as a public trust, only using the power and resources of public
office to advance public interests and not to attain personal benefit or pursue any other
private interest incompatible with the public good. Our decisions and actions will be
guided by the best interests of the community we serve.
We have a public forum to show how individuals with disparate points of view can find common
ground and seek a compromise that benefits the community as a whole. We will use this public
forum in the most effective and beneficial manner.
8.6 KEEP THE COMMUNITY INFORMED ON MUNICIPAL AFFAIRS; ENCOURAGE
COMMUNICATION BETWEEN THE CITIZENS AND ALL MUNICIPAL OFFICERS; EMPHASIZE
FRIENDLY AND COURTEOUS SERVICE TO THE PUBLIC; AND SEEK TO IMPROVE THE QUALITY
AND IMAGE OF PUBLIC SERVICE.
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A. Accountability. We shall ensure that government is conducted openly, efficiently, equitably,
honorably, and in a manner that permits the citizens to become fully informed to allow
them to hold Town officials accountable.
B. Respectability. We shall safeguard public confidence in the integrity of Town government by
being honest, fair, caring, and respectful, and by avoiding conduct creating the unexplainable
appearance of impropriety, or impropriety of which is otherwise unbefitting a public official.
8.7 SEEK NO FAVOR; BELIEVE THAT PERSONAL BENEFIT OR PROFIT SECURED BY CONFIDENTIAL
OR PRIVILEGED INFORMATION OR BY MISUSE OF PUBLIC TIME IS DISHONEST.
A. Private Employment. We shall take any steps necessary to ensure that we comply with the
State law regarding conflicts of interest when we engage in, solicit, negotiate for, or promise
to accept private employment or render services for private interests or conduct a private
business.
B. Confidential Information. We shall not disclose to others, or use to further our personal interest,
confidential information acquired in the course of our official duties.
C. Gifts. We shall not directly or indirectly, in connection with service to the Town, solicit any
gift or accept or receive any gift - of any value - whether it be money, services, loan, travel,
entertainment, hospitality, promise, or any other form of gratuity. This policy shall not apply to
hospitality, transportation or other assistance provided to Town officials when such hospitality,
transportation or other assistance is (i) directly related to their participation in community
events as a representative of the Town or (ii) of inconsequential value and accepted as a
courtesy.
D. Investment in conflict with official duties. We shall not invest or hold any investment, directly
or indirectly, in any financial business, commercial or other private transaction that creates
a conflict with our official duties.
E. Personal relationships. Personal relationships shall be disclosed in any instance where there
could be the appearance of conflict of interest or a conflict of interest.
8.8 CONDUCT BUSINESS OF THE TOWN IN A MANNER, WHICH IS NOT ONLY FAIR IN FACT, BUT
ALSO FAIR IN APPEARANCE.
8.9 PROMOTE UNDERSTANDING, MUTUAL RESPECT AND TRUST AMONG MEMBERS OF
COUNCIL, BOARDS, COMMISSIONS AND COMMITTEES CONCERNING THEIR ROLES AND
RESPONSIBILITIES WITH RESPECT TO TOWN STAFF'S RESPONSIBILITY FOR IMPLEMENTING
THE COUNCIL'S POLICIES.
8.10 COMPLIANCE AND ENFORCEMENT
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Any person(s) who believes a council member, Board, or Commissioner has violated the Code of
Ethics outlined in Section 8 of The Rules of Procedure may file a complaint. To file a complaint, a
person(s) must request the complaint form from the Town Clerk and file the complaint within 90
days of the alleged occurrence or discovery of the alleged occurrence. See Section 10 of the Rules
of Procedure.
All members of the Council, boards, commissions, or committees shall acknowledge in writing, on
a form provided by the Town Clerk, receipt of these provisions relating to ethics.
SECTION 9. BOARDS, COMMISSIONS, AND COMMITTEES
The Fountain Hills' Council may create such boards, commissions, and committees as deemed
necessary to assist in the conduct of the operation of Town government. The Council may authorize
and direct the Town Manager to establish ad hoc committees as needed in order to provide additional
flexibility with regard to conducting Town business.
9.1 REGULARLY SCHEDULED OR UNSCHEDULED BOARDS, COMMISSIONS AND COMMITTEES
A. Classification. All boards, commissions, and committees of the Town shall be classified as
regularly scheduled or unscheduled boards, commissions, and committees. Regularly
scheduled boards, commissions, and committees are those that meet on a regularly-
scheduled basis or may be quasi-judicial in nature. Unscheduled boards, commissions, and
committees meet on an as-called basis.
B. Regularly Scheduled. Regularly scheduled boards, commissions, and committees include:
1. Planning and Zoning Commission
2. Community Services Advisory Commission
3. McDowell Mountain Preservation Commission
4. Strategic Planning Advisory Commission
5. Sister Cities Advisory Commission
6. Municipal Property Corporation
7. Historic and Cultural Advisory Commission
C. Unscheduled. Unscheduled boards, commissions, and committees:
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1. Ad Hoc Committees
2. Board of Adjustment
D. Sunset. Except for the Planning and Zoning Commission and Board of Adjustment,
any board, commission, or committee created shall cease to exist (1) upon the
accomplishment of the special purpose for which it was created or (2) when abolished by
a majority vote of the Council.
9.2 SELECTION OF BOARD, COMMISSION, OR COMMITTEE MEMBERS
A. Call for Applications. The call for applications to fill vacant seats for boards, commissions
and committees may include a request for:
1. The application that describes the applicant’s skills, experience, and educational
background needed to ensure the successful filling of the vacancy. Applicants may
submit a resume along with the application; however, not in lieu of filling out the
application.
2. Responses to the supplemental questionnaire specific to a board, commission, or
committee application, if such questionnaire is included.
3. The consent to executive session form.
4. If a member whose term will be expiring wishes to reapply for an additional term on
the same board, commission or committee, such member is exempt from filing those
items listed in Subsections 9.2 (A)(1-4 2). However, such member shall submit in
writing, on a form provided by the Town Clerk that includes a request for the Council's
consideration of reappointment in addition to the consent to executive session as listed
in Subsection 9.2(A)(5). The member may include any new or additional information
that is relevant to the original application already on file.
B. Advertising/Timing and Location. The Town Clerk shall be responsible for advertising to fill vacant
seats to boards, commissions, and committees for at least two weeks and no later than two
months, prior to the expiration of the current board, commission, or committee member(s) term,
via:
1. The Town's government access channel.
2. Newspaper advertising.
3. The Town website.
4. The Town's official posting sites as listed in Section 2-4-3 of the Fountain Hills
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Town Code. The downloadable application packet will be placed on the Town's
website for public access with hard copies made available to the public through the
Customer Service Representative.
C. Advertisement Contents. Advertisement of vacancies shall include the following:
1. The name of the board, commission, or committee.
2. The number of vacancies to be filled.
3. A brief description of the board, commission, or committee.
4. A brief description of the qualifications, skills and experience background
applicants should possess, if any.
5. An overview of when the board, commission, or committee meets.
6. The deadline for submitting applications.
7. Listing of applicant information required and location where application packets may
be obtained.
8. Staff liaison contact information.
9. The dates of publication in the local paper.
D. Staff Review. Individuals applying for boards, commissions, or committees must submit
to the Town Clerk those items as listed in Subsection 9.2(A) above by the published deadline.
The Town Clerk and Staff Liaison will review the application(s) to ensure that the applicant(s)
meet the qualifications as listed in Subsection 9.4(A) below.
E. Council Materials. The staff liaison to the board, commission, or committee will assemble
and copy all application packets and provide all supporting materials to all
Councilmembers.
F. Subcommittee Review/Interview. The Council subcommittee shall interview all applicants, unless
there are more than five applicants for each vacancy, in which case the subcommittee may
choose, at its discretion, to limit the number of interviewed applicants to five per vacancy after
meeting to review all of the applications. The staff liaison will schedule an appropriate time to
interview qualified applicants in person or via telephone, and shall prepare and post the agenda
for an executive session in accordance with the Arizona open meeting law for said interviews.
Interviews shall be conducted in Executive Session unless the applicant requests the interview be
held at a public meeting.
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G. Subcommittee Recommendation. After the interviews have concluded, the staff liaison,
Town Clerk or the Council Subcommittee chair shall advise the Mayor of the subcommittee's
discussion and appointment recommendation(s).
H. Council Consideration. The Town Clerk shall prepare the Staff Report according to the
submission deadline for the next appropriate Council meeting agenda, including the
following information: (1) a review of the steps taken to recruit applicants, (2) the number
of vacancies to be filled along with the names of those members whose terms expire, (3)
the number of applications received and (4) the specific term to be filled.
I. Notification of Council Meeting. The staff liaison shall notify the appointee(s) that he/she is a
possible candidate for appointment to a board, commission, or committee and suggest that
he/she may want to be present at the scheduled meeting when the recommendation is
presented to the Council.
J. Notification of Council Action. Following the Council's approval of the Mayor's appointment(s) to
a board, commission, or committee, the Town Clerk shall notify appointees as to their
appointment and provide them with an Oath of Office, Ethics Policy and Open Meeting Law
Affirmation for their signature and return. Those applicants not chosen to fill a vacancy on a
board, commission, or committee, will be provided written notification by the Town Clerk
outlining the Council's appointments and they will be provided with an application of interest for
consideration of applying for any other board, commission and committee vacancies.
K. Appointee Orientation. The staff liaison will provide specific details to the new appointees
relative to: (1) their attendance at the "official" board, commission, or committee orientation,
and (2) all official literature, agendas, minutes, or other materials specific to their appointment.
9.3 RECOMMENDATIONS FOR APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES
A. Appointments Subcommittee. The Mayor may annually appoint Council Subcommittees for
board, commission and committee appointments. Each subcommittee shall be made up of three
Councilmembers. The Mayor may appoint himself/herself to this subcommittee. If no such
subcommittee is appointed, at a minimum, a quorum of the Fountain Hills Council shall review
applications and conduct interviews for the various boards, commissions, and committees to fill
vacancies based upon the applicants' skills, experience, and background as required under
Section 9.4 below.
B. Subcommittee Purpose. The purpose of this Council Subcommittee is to review applications,
interview applicants (typically in Executive Session) and provide a recommendation to the Mayor
for possible appointment to fill vacancies based upon the applicants' skills, experience, and
background as required under Section 9.4 below.
C. Appointment Timing. The process of application review and interviews will be conducted in
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such a manner as to allow for the appointments to coincide with the term expiration of the
current board, commission or committee member(s) term or as soon thereafter as reasonably
possible.
9.4 QUALIFICATIONS FOR APPOINTMENTS; EMPLOYEES OR APPOINTED OFFICERS AS MEMBERS
A. Minimum Qualifications. All members of boards, commissions, and committees shall meet
the following minimum qualifications upon their appointment to any board, commission, or
committee. Each member must be:
1. Eighteen years of age or older, for any board, commission, or committee seats,
designated by Council; except for members appointed to Youth Commissioner position
for youth representation.
2. A Fountain Hills resident for at least one year, unless the Council specifically waives
this time or residency requirement for a specific board, commission or committee.
3. A qualified elector, except for youth appointees.
B. Prohibited Appointees. Town employees or appointed officers shall not be eligible for
appointment to any board, commission, or committee but may be requested to provide staff
support thereto. Councilmembers are prohibited from serving on regularly scheduled
commissions as listed in Subsection 9.1(B) above and the Board of Adjustment.
C. Ex-Officio Members. The Mayor, with the consent of the Council, may from time to time
appoint ex-officio members to those boards, commissions or committees as set forth in the
bylaws of such body. Such members shall serve at the pleasure of the Mayor and Council.
Ex-officio members shall not be entitled to vote on any matter brought before the
commission.
9.5 TERMS, VACANCIES, REMOVAL
A. Terms. All members of unscheduled boards, commissions, and committees shall serve a term
of up to three years, or until the board, commission, or committee is dissolved, unless Council
action, Town Code, or Arizona Revised Statutes specifically designates terms.
B. Staggered Terms for Smaller Boards. For those regularly scheduled boards, commissions, and
committees having five members or fewer, the terms of office shall be staggered so that no more
than two terms shall expire in any single year when possible; provided, however, that no
staggering of terms shall be required for any boards, commission, or committee that will be in
existence for a single term.
C... Staggered Terms for Larger Boards. For those boards, commissions, and committees having
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more than five members but less than eight members, the terms of office shall be staggered
so that no more than three terms shall expire in any single year when possible; provided,
however, that no staggering of terms shall be required for any board, commission, or
committee that will be in existence for a single term.
D. Simultaneous Service Limitation. No individual may serve as a voting member on more than
one regularly scheduled or unscheduled board, commission, and committee at one time.
E. Vacancies. A vacancy on a board, commission, or committee shall be deemed to have
occurred upon the following:
1. Death or resignation of a member of a board, commission, or committee.
2. A member ceasing to be a resident of the Town of Fountain Hills, unless the Council
has provided that such member may be a non-resident.
3. Three successive unexcused or unexplained absences by a member from any regular
or special board, commission, or committee meetings. However, the term of all
members shall extend until their successors are appointed and qualified.
F. Removal. Any board, commission, or committee member may be removed as a member to
that board, commission, or in accordance with Article 2A-1 of the Fountain Hills Town Code.
G. Filling Vacancy. Whenever a vacancy has occurred on one board, commission, or committee
procedures described in Sections 9.2, 9.3, and 9.4 above will be used to generate applicants,
interview applicants, and make a recommendation for a potential appointee. One exception to
this rule is that if a vacancy should occur within twelve months of a subcommittee’s interviewing
process for said board/commission/committee, and the subcommittee had submitted a ranking
of those previously interviewed, a recommendation may be forwarded to the mayor for
appointment of the unexpired term based on said ranking.
H. Re-appointment. An incumbent member of a board, commission, or committee seeking
reappointment shall submit, in writing on a form provided by the Town Clerk that includes
a request for the Council's consideration of reappointment in addition to the consent to
executive session form by the published deadline in order to be considered for appointment
by the Council. The member may include anyone or additional information that is relevant to
the original application already on file.
9.6 APPLICABILITY OF THE ARIZONA OPEN MEETING LAW
All boards, commissions, and committees are subject to the Arizona Open Meeting Law and therefore
shall attend the Town's Annual Open Meeting Law training.
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9.7 RESIDENCY REQUIREMENT
Members of all boards, commissions or committees shall be residents of the Town.
SECTION 10 – CODE OF ETHICS - COMPLAINT PROCEDURE
MEMBERS OF THE PUBLIC
Any person who believes a Council Member, Board, or Commissioner has violated the Code of Ethics
outlined in Section 8 of the Rules of Procedure may file a complaint. To file a complaint, a person(s) must
request the complaint form from the Town Clerk and file the complaint within 90 days of the alleged
occurrence or discovery of the alleged occurrence.
10.1 THE COMPLAINT FORM SHALL CONTAIN THE FOLLOWING INFORMATION:
• The complainant’s name, address, email, and telephone number.
• The name of the person who is the subject of the complaint.
• The nature of the alleged violation, identifying the specific provision of the ethics they allegedly
violated.
• Statement of facts, including dates and any witnesses with contact information to the alleged
violation.
10.2 INITIAL SCREENING PROCESS
Complaints must be filed with the Town Clerk. The Town Clerk will review each complaint for
completeness and administer a date stamp. Reasons a complaint may be returned:
• Incomplete
• Untimely
If the form is complete, the Town Clerk will forward the complaint to the Town Attorney for initial
screening. The Town Attorney will determine if the alleged violation does fall under the Code of
Ethics. If the Town Attorney determines that the complaint on its face may violate the Code of
Ethics, it will be forwarded to outside counsel for review and the appropriate council member(s)
will be notified.
10.4 OUTSIDE COUNSEL REVIEW
Each complaint received by outside counsel will be reviewed based on the merits of the
complaint. outside counsel has the authority to conduct an investigation or make a
determination based on the information provided.
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If counsel determines that interviews are needed, the complainant and respondent will be
interviewed, and in the discretion of counsel, all witnesses listed.
Once the review/investigation is concluded, outside counsel will provide the Town Attorney
with a determination whether the complaint is sustained or not sustained. If the complaint is
sustained, the Town Attorney will schedule an Executive Session for review and enforcement
by the Town Council. If the complaint is not sustained, the Town Attorney will notify the Town
Clerk, who will notify all parties involved in the complaint of the outcome.
All determinations by outside counsel are final and no appeals will be accepted.
In the case of an ethics complaint being filed and forwarded to outside counsel for review,
outside counsel shall make a determination whether the complaint has merit or is without merit
and deemed frivolous. If deemed without merit or frivolous, the petitioner shall agree to pay
the legal expenses associated with the claim.
False or frivolous complaints. A person who knowingly makes a false, misleading, or
unsubstantiated statement in a complaint is subject to criminal prosecution for perjury and
potential civil liability for, among other possible causes of action, defamation. If after reviewing
an ethics complaint it is determined that a sworn complaint is groundless and appears to have
been filed in bad faith or for the purpose of harassment, or that intentionally false or malicious
information has been provided under penalty of perjury, then the Town Attorney may refer the
matter to the appropriate law enforcement authority for possible prosecution. A town official
who seeks to take civil action regarding any such complaint shall do so at his or her expense.
10.5 ENFORCEMENT
All sustained complaints will be brought forth to the Town Council for appropriate action. The
Council may impose sanctions on members whose conduct does not comply with the Code of
Ethics based on the circumstances of the infraction, those sanctions are as follows:
• The Council, by a majority vote, can direct a statement to be retracted.
• The Council, by a majority vote, can direct an apology to be offered.
• The Council, by a majority vote, can choose to take no action.
• The Council, by a majority vote, can censure a member who fails to uphold the
standards outlined in the Code of Ethics.
• The Council, by a majority vote, can suspend the offending council member from a
future council meeting OR
• Impose any other sanction in accordance with state law.
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RULES OF PROCEDURE
1.1 PROCEDURES
The following are the basis for and are used in conjunction with these basic Rules of Procedure
for meetings of the Council, Boards, Commissions and Committees:
A. State Law
B. Town Code, including these Council Rules
C. Parliamentary Procedure at a Glance, New Edition, by O. Garfield Jones
D. Roberts Rules of Order, 12th edition, as amended
In case of inconsistency, conflict, or ambiguity among the documents listed above, such documents shall govern in the order in which they are listed.
1.2 PRESIDING OFFICER
As provided by the Town Code, the Mayor, or in the Mayor's absence, the Vice-Mayor, is the
Presiding Officer of all meetings of the Council. In the absence or disability of both the Mayor
and the Vice-Mayor, the meeting shall be called to order by the Town Clerk, whereupon, the
Town Clerk shall immediately call for the selection of a temporary Presiding Officer. If a
majority of the Councilmembers present are unable to agree on a Presiding Officer for the
meeting, the meeting shall automatically be adjourned and all agenda items shall be carried over to the next regular Council meeting.
1.3 PARLIAMENTARIAN
The Town Attorney shall serve as Parliamentarian for all meetings. The Town Clerk shall act
as Parliamentarian in the absence of the Town Attorney and the Town Manager shall act as
Parliamentarian in the absence of both the Town Attorney and Town Clerk.
1.4 SUSPENSION OF THE RULES
The Council, by a three-quarter vote of all members present, may suspend strict observance
of these Council Rules or other policies and procedures for the timely and orderly progression
of the meeting; provided, however, that a simple majority of the Council may cause a change
in the order of items on the agenda.
1.5 MAYOR SEATING OF THE COUNCIL
THE MAYOR, PRIOR TO THE FIRST MEETING HELD IN DECEMBER, WILL PROVIDE
THE COUNCILMEMBER SEATING CHART TO THE TOWN CLERK.
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1.6 THE ROTATION OF THE VICE MAYOR IS BASED IN ORDER OF THE
HIGHEST NUMBER OF VOTES RECEIVED AT WHICH THE COUNCILMEMBER WAS
ELECTED AS PROVIDED ON THE FINAL ELECTION RESULTS RECEIVED FROM
MARICOPA COUNTY ELECTIONS.
SECTION 2. DEFINITIONS
2.1 AGENDA
As set forth in the Order of Business, an agenda is a formal listing of items to be considered by
(i) the Council at a noticed meeting of the Council or (ii) the applicable Board, Commission or
Committee at a noticed meeting of that body. The content of the agenda may not be changed less than THE THURSDAY 72 hours prior to the public meeting, except in exceptional
circumstances, but in no event shall the agenda be altered less than 24 hours prior to the
public meeting, unless otherwise authorized by State law.
2.2 AGENDA PACKET
A compilation of documents supporting the items listed on the agenda and requiring Council consideration or action, which may be used by Council, staff and the public for more in-depth
information than may be presented in an oral report. The agenda Packet is organized as set
forth in the Order of Business in Section 5 below and is made available electronically to the
Council or to any citizen on the Town's website: www.fountainhillsaz.gov by 6:00 p.m. the
Thursday prior to the date of the meeting.
2.3 CONSENT AGENDA
Items listed on the Consent Agenda are considered to be routine, non-controversial matters
and will be enacted by one motion and vote of the Council. All motions and subsequent approvals of Consent Agenda items will include all recommended staff stipulations unless
otherwise stated. There will be no separate discussion of these items unless a
Councilmember or member of the public so requests. If a Councilmember or member of the
public wishes to discuss an item on the consent agenda, he/she may request so prior to the motion to accept the Consent Agenda or by notifying the Town Manager prior to the date of
the meeting. The item will be removed from the Consent Agenda and considered in its normal
sequence AS THE FIRST ITEM on the REGULAR agenda.
2.4 COUNCIL
Collectively, the Mayor and Common Council of the Town of Fountain Hills.
2.5 COUNCIL RULES
These Town of Fountain Hills, Arizona Town Council Rules of Procedure.
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2.6 MEETING
The gathering, in person or by technological devices, of a quorum of the Council, Boards,
Commissions or Committees, at which the Councilmembers, Board members,
Commissioners, or Committee members discuss, propose or take legal action, including any
deliberations by a quorum with respect to such action. If a quorum is not present, those in
attendance will be named for the record by the Town Clerk or the staff liaison for a Board,
Commission or Committee.
2.7 NEWSPAPER A daily or weekly paid publication of general circulation within the Town of Fountain Hills,
Arizona.
2.8 NOTICE
A formal announcement to the public that sets the date, time and the place at which a meeting
will be held. Such notice of meetings shall be in accordance with the State law, the Town Code
and these Council Rules. COUNCIL WILL APPROVE THE NEW CALENDAR YEAR MEETING SCHEDULE AT THE FIRST COUNCIL MEETING IN DECEMER.
2.9 QUORUM
The minimum number of Members of the Council, Board, Commission, or Committee that
must be present in order for business to be legally transacted. Unless otherwise specified in State law or the town Code, a quorum is the majority of members of the public body.
2.10 TOWN
The Town of Fountain Hills, an Arizona municipal corporation.
SECTION 3. MEETINGS
3.1 REGULAR MEETINGS
A. Regular Meeting Date; Time. The Council shall hold regular meetings on the first and
third Tuesday of each month at 5:30 P.M. When deemed appropriate, any regular
meeting date of the Council may be changed or cancelled by a majority of the Council.
Notice of the rescheduled or cancelled meeting shall be given to the public as is
reasonable and practicable under the circumstances and in compliance with State law.
All regular meetings shall be held at the Town Hall Council Chambers or at such place
as may be prescribed by the Mayor or the Town Manager. The Council may provide for a "Call to the Public" at such regular meetings.
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B. Holidays. When the day for a regular meeting of the Council falls on a
legal holiday, no meeting shall be held on such holiday, but such meeting shall be
held at the same time and the same location on the day designated by the Council
that is not a holiday, unless the meeting is otherwise cancelled by the Council.
3.2 ADJOURNED MEETINGS
Any meeting may be adjourned to a time, place and date certain, but not beyond the next
regular Council meeting. Once adjourned, the meeting may not be reconvened except at the time, date and place provided for in the motion to adjourn.
3.3 SPECIAL MEETINGS
The Mayor, the Town Manager, or the Town Clerk (upon the written request of three
Councilmembers), may convene the Council at any time after giving at least 24 hours' notice
of such meeting to members of the Council and the general public. The notice shall include the date, place, hour and purpose of such special meeting.
3.4 WORK SESSIONS
A. How Convened; When Convened; Notice. The Mayor or the Town
Manager (at his own discretion or upon the written request of three Councilmembers)
may convene the Council in a work session at any time after giving notice at least 24
hours in advance of such work session to members of the Council and the general
public. The notice shall include the date, place, hour and purpose of such work
session.
B. Purpose. Work sessions are held for the purpose of presentations and
discussions on such issues that require more in-depth consideration of the Council
than may be possible at a regular meeting. No formal action of the Council may be
taken at such work session, other than general consensus or conveying direction to
staff for further action. These work sessions shall not provide for a “Call to the Public.”
3.5 EXECUTIVE SESSIONS
Subject to applicable State law, the Council may hold such closed executive sessions as
necessary to conduct the business of the Town in cases regarding personnel or for the
purpose of obtaining legal counsel.
3.6 EMERGENCY MEETINGS
As provided for by State law, the Mayor and Council or the Town Manager may call a special
emergency meeting to discuss or take action on an unforeseen issue where time is of the
essence and sufficient time does not provide for the posting of a meeting notice 24 hours or
more before the meeting. Notice of an emergency meeting of the Council will be posted within 24 hours following the holding of an emergency meeting. The notice will include the
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emergency meeting’s agenda and a brief but complete description of the nature of the
emergency. Emergency meetings shall not provide for a "Call to the Public."
3.7 MEETINGS TO BE PUBLIC
A. Open to Public. With exception of executive sessions, all regular, special
and work session meetings of the Council, Boards, Commissions, and Committees
shall be open to the public.
B. Public Comment. Public comment is not taken at work sessions, emergency meetings
or at special meetings, unless the special meeting is held in place of a regular
meeting, or unless the special meeting includes a public hearing on the
agenda.
3.8 MINUTES OF MEETINGS
A. Staffing. The Town Clerk shall ensure staff attendance at all regular,
special, work session, emergency and executive session meetings of the Council for
the purpose of taking notes and/or audio recordation RECORDINGS of the meeting.
The Town staff liaison to each Board, Commission or Committee shall ensure staff
attendance at all meetings for the purpose of taking notes and/or audio recordings of
the meetings.
B. Recordings; VERBATIUM written minutes. To the extent possible, all
open, public meetings shall be recorded by means of audio or video technology. In
addition, written minutes reflecting legislative intent shall be taken so that an
accounting of the issues discussed and actions taken are compiled and entered into
the permanent Minute Book of the Town and kept on file and of record in the Office of
the Town Clerk. Audio or video recordings of meetings will be retained for a period of
time in accordance with the current Town of Fountain Hills and/or State of Arizona
approved records retention and disposition schedules. Minutes shall identify speakers
by name and shall indicate whether they are Fountain Hills residents, and whether they support or oppose the proposed action (i.e. "for" or "against") along with a summary of
the speakers' verbal comments provided at the meeting. COMMENT CARDS
SUBMITTED BY INDIVIDUALS NOT WANTING TO SPEAK IN-PERSON BUT
DESIRING O INDICATE WHETHER THEY SUPPORT OR OPPOSE THE PROPED AGENDA ACTION (I.E. “FOR OR AGAINST”) WILL BY TALLIED BY THE TOWN
CLERK AND ANNOUNCED. A SUMMARY COUNT WILL BE INCLUDED IN THE
MEETING MINUTES . THESE COMMENT CARDS WILL NOT BE READ.
C. Availability. All meeting minutes of the Council, Boards, Commissions,
and Committees are deemed to be public records, with the exception of
executive session minutes, which, while they fall under the definition of and are
considered public records by State law, are deemed confidential and are only
available under limited conditions or by Court Order. Transcribed minutes, or the audio or video recordings of all open meetings of the Council, Boards,
Commissions, and Committees must be available for public review by 5:00 p.m.
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on the third working day following each meeting, or as provided by State law.
The Town Clerk or designee shall ensure that the minutes of all regular, special
meetings and work sessions of the Council, Boards, Commissions, and
Committees are made available through the Town's Web Site,
www.fountainhillsaz.gov within two working days following their approval, or as
provided by State law.
D. Executive Sessions. Minutes of executive sessions (1) shall be
confidential; (2) are maintained and secured by the Town Clerk; and (3) may be accessed only as provided by State law.
E. Approval. Minutes of all meetings of the Council (other than executive
sessions) may be approved under the consent agenda, unless removed for
discussion and separate action.
SECTION 4. NOTICE AND AGENDA
4.1 POSTING NOTICES
A. Time. The Town Clerk, or authorized designee, shall prepare all public
meeting notices of the Council, and shall ensure posting of the meeting notices
no less than 24 hours before the date and time set for said meetings in
accordance with State law. The staff liaison to each Board, Commission or Committee shall ensure that agendas are posted in the same manner as for
the Council.
B. Locations. PER THE TOWN CODE, Mmeeting notices shall be posted
at a minimum of three locations within the Town, including the Community Center,
Town Hall, and the Town's website: www.fountainhillsaz.gov
4.2 AGENDA PREPARATION
A.
Availability. The Town Manager, or authorized designee, shall prepare the agendas
for all meetings of the Council as set Forth below. Agendas of all meetings of the
Council shall generally be available to the public no less than 72 hours prior to said
meetings, except in exceptional circumstances. In no event shall the agenda be made
available less than 24 hours THE THURSDAY prior to said meeting unless authorized
by State law. Agendas and agenda packet materials are made available through the Town's website. The staff liaison to each Board, Commission or Committee shall
ensure that the agenda is available in the same manner as required for the Council.
B. Submittal Process. Items may be placed on the Council agenda for
discussion and possible action by the following process (the agenda process for
Boards, Commissions or Committees shall be as determined by the applicable
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Department Head, which shall be substantially the same as the Council agenda
submittal process):
1. All Departments: Preparation of the Staff Report with signatures
of the department director and staff (including all attachments) provided
to the Town Clerk for submittal to the Town Manager not later than two business days THE MONDAY prior to agenda packet preparation day
(the Tuesday prior to the meeting date). Town Manager
approves/amends items and signs off, finalizing the item for inclusion in the agenda packet.
2. Mayor and Councilmembers: The Mayor or a Councilmember
with the support of two additional councilmembers may direct the Town
Manager through the Future Agenda Item Category to place an item
on the next available (staff suggests leaving in the word “available”) agenda for consideration and possible action. THE COUNCILMEMBER PROPOSING THE AGENDA ITEM IS TO
CONTACT THE TOWN MANAGER NOTING THE NAMES OF THE
TWO OTHER COUNCILMEMBERS (OR THE MAYOR) WHO SUPPORT PLACING THEIR ITEM ON THIS AGENDA FOR
DISCUSSION OF PLACING IT ON A FUTURE AGENDA FOR
COUNCIL DISCUSSION AND/OR ACTION BY THE COUNCIL AS A WHOLE. COUNCILMEMBERS’ NAMES AS WELL AS THE AGENDA ITEM FOR DISCUSSION WILL BE LISTED ON THE
AGENDA FOR PUBLIC NOTIFICATION.
3. Town Manager and Town Attorney: The Town Manager or Town
Attorney may place an item on the agenda by including appropriate
documentation.
4. Citizen or Group: A citizen or group may request an item be
placed on an agenda through the Manager, Mayor, or a
Councilmember as indicated above.
C. Time Lines for Submission of Items.
1. Agenda items shall be submitted to the Town Manager by 2:00
p.m., not less than nine EIGHT calendar days prior to regular, work sessions and special meetings to ensure timely delivery to
Councilmembers.
2. Agenda items for work sessions shall be submitted to the Town
Manager by 2:00 p.m., not less than seven calendar days prior to the meeting
to ensure timely delivery to Councilmembers.
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3. The Town Manager may approve exceptions to the schedule
above in order to ensure that the distribution of all agenda packets to the
Council is in conformance with these Council Rules.
4. Any requests requiring audio/visual support must be submitted to
the Town Clerk for coordination with the information and technology division a
minimum of 48 24 hours prior to the meeting to ensure proper coordination
and preparation. Department directors are responsible for obtaining
presentation materials from applicants or presenters involved in their respective agenda items.
D. Agenda Item Submittals for Council Executive Sessions. Items may be
placed on the agenda for Council executive session discussion (if in
compliance with the Town Code and applicable State Statutes) by the
following process: 1. Submission by a Councilmember, the Town Manager, or the
Town Attorney (with notice to all Councilmembers).
2. Submission by the Mayor (with notice to all Councilmembers).
3. The Town Manager and the Town Attorney shall review the
submittal for executive session discussions prior to placement on the agenda, to ensure that the item is the proper subject of an executive session pursuant
to state law.
4. The Town Attorney shall advise the Town Clerk regarding the
appropriate agenda language of executive session items.
E.
Agenda Packets. Full agenda packets for all noticed meetings (except executive session documentation) of the Council shall be made available to Council members
electronically, AT LEAST five days before regular meetings and work sessions;
provided, however, that agenda packets may be
supplemented later under special circumstances so long as no agenda packet material
is made available less than 72 24 hours prior to the meeting, except in the case of
exceptional circumstances or an emergency meeting.
F. Removal Requests. Requests to remove items from the Consent Agenda occurring after the 72- 24 hour posting deadline will be announced by the Mayor at
the beginning of the meeting at which the item was scheduled. The posted agenda
will remain unchanged.
4.3 DISTRIBUTION OF NOTICES AND AGENDAS
A. Copies. The Town Clerk shall ensure that the Mayor and Council receive copies of all meeting notices and agendas and any documentation provided
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for said meeting electronically, not less than 72 hours prior to the meeting,
unless exceptional circumstances require a later delivery.
B. Distribution. The Town Clerk shall ensure that the meeting notices,
agendas and packet documentation, as deemed necessary, are posted to the Town's
website: www.fountainhillsaz.gov and made available to the Mayor and Council, the public, Town Manager, Town Attorney, and staff electronically by 6:00 p.m. on the
Thursday prior to the date of the meeting.
C. Amendments. A posted agenda may be amended up to 72 24 hours prior
to such meeting. In exceptional circumstances, such agenda may be amended up to,
but not less than, 24 hours prior to the designated meeting, unless otherwise
authorized by State Law. Amended agendas shall indicate the date amended.
4.4 DISTRIBUTION OF MATERIALS/HANDOUTS FOR PROPOSED LANGUAGE TO AGENDA ITEMS
Mayor and Councilmembers: The Mayor and Councilmembers may submit a written
document/handout for councils' consideration regarding an item on the next council agenda.
The document/handout must be presented to the Town Clerk no later than 3:00 pm the day
of 24 Hours Prior To the council meeting. Handouts submitted after the deadline will not be
disseminated to the council for consideration at that meeting.
The Town Clerk will place any PROVIDE DIGITAL COPIES OF Councilmember’s
handout(s) along with any online public comment cards at each station on the dais
prior to the council meeting and will announce the documents when that agenda item is
under consideration.
This process will ensure the Town Clerk has the written document/handout for the permanent
record, solve any transparency issues, minimize any potential open meeting violations, and
avoid any disruption during the council meeting.
SECTION 5. ORDER OF BUSINESS
5.1 ORDER OF BUSINESS
The Order of Business of each meeting shall be as contained in the agenda. The agenda shall be a sequentially numbered listing by topic and a brief description of business items that
shall be taken up for consideration.
5.2 REGULAR MEETINGS
The agenda shall be prepared substantially in the following order, but may be amended for brevity:
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AGENDA
Call to Order & Pledge of
Allegiance
Invocation/Moment of
Reflection Roll Call
Statement of Participation
Summary Reports by Mayor, Councilmembers and Town Manager (including proclamations) (No discussion)
Presentations (if any)
Call to the Public (Non-agenda items) (preceded by the following paragraph)
Pursuant to ARIZ. REV. STAT. § 38-431.01 (H), public comment is permitted (not required)
on matters not listed on the agenda. Any such comment (i) must be within the jurisdiction of
the Council and (ii) is subject to reasonable time, place and manner restrictions. The Council
will not discuss or take legal action on matters raised during "Call to the Public" unless the
matters are properly noticed for discussion and legal action. At the conclusion of the call to the public, individual Councilmembers may (i) respond to criticism, (ii) ask staff to review the
matter or (iii) ask that the matter be placed on a future Council agenda.
Consent Agenda (preceded by the following explanatory paragraph)
All items listed are considered to be routine, non-controversial matters and will be enacted by
one motion and vote of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no
separate discussion of these items unless a Councilmember or member of the public so
requests. If a Councilmember or
member of the public wishes to discuss an item on the consent agenda, he/she may request
so prior to the motion to accept the Consent Agenda or with notification to the Town Manager
or Mayor prior to the date of the meeting for which the item was scheduled. The item will be removed from the Consent Agenda and considered in its normal sequence as the first item
on the REGULAR agenda.
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Action Items (grouped by subject to the extent
possible) Council Discussion/Direction to the
Town Manager Future Agenda Items
Adjournment
All agendas shall have the following statement placed at the bottom:
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with
disabilities. Please call 837-2003 480-816-5100 (voice) or 1-800-367-8939 (TDD) 48 hours THE THURSDAY prior to the meeting to request a reasonable accommodation to participate
in this meeting or to obtain agenda information in large print format. SUPPORTING
DOCUMENTATON AND STAFF REPORTS FURNISHED THE COUNCIL WITH THIS AGENDA ARE AVAILABLE FOR REVIEW IN THE CLERK;S OFFICE. ON THE DAY OF
THE COUNCIL MEETING, THE COUNCIL CHAMBER DOORS OPEN AT 5:15 PM FOR
PUBLIC SEATING.
A. Roll Call. Following the Call to Order and the Pledge of
Allegiance, the Moment of Reflection or Invocation and before proceeding with the
business of the Council, the Presiding Officer shall direct the Town Clerk or
authorized designee to call the Roll, and the names of Councilmembers both
present and absent shall be entered into the minutes. The order of roll call shall be: Mayor, Vice Mayor and then Councilmembers from the Mayor's far right to the
Mayor's far left.
B. Statement of Participation. Following the Roll Call, the Town
Clerk will read tThe Statement of Participation MAY BE READ at each Regular
meeting and will consist of the following: Anyone wishing to address the council regarding items listed on the agenda or under “Call to the Public” should fill out a
request to comment card located in the back of the council chambers and hand it
to the Town Clerk prior to consideration of that agenda item. When your name is called, please approach the podium, speak into the microphone, and state your
name and if you are a resident for the public record. Please limit your comments
to three minutes. It is the policy of the Mayor and Council to not comment on items
brought forth under “Call to the Public.” However, staff can be directed to report back to the council at a future date or to schedule items raised for a future council
meeting. NO ADDITIOANL COMMENT CARDS WILL BE ACCEPTED FROM
THE PUBLIC ONCE THE AGENDA HAS BEEN CALLED.
C. Summary Report by Mayor, Councilmembers and Town Manager
The Mayor may use Reports to read proclamations or conduct other ceremonial
matters as listed on the posted agenda and 1 minute reports may be given by the
Mayor, Councilmembers and Town Manager on Town current events and/or
activities. (The Arizona Open Meeting Law does not allow discussion or action on
any matter mentioned during the reports.)
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D. Presentations. The Town Manager may use the Presentations section to
provide the council with an update from Department Directors, contracted
service providers, neighboring jurisdictions, and regional organizations.
E. Call to the Public.
1. All citizens and interested parties will be limited to a maximum of three minutes to address the Council on a non-agenda item.
2. All citizens and interested parties wishing to speak before the
Council shall fully complete a Request to Comment form (Request
Form). Request forms submitted by those who indicate they will
not speak will be grouped together in the order in which the cards were received and by the categories of "for" and "against"
relating to the item indicated on the request forms. The Town
Clerk will announce the number of cards received, if any, and t h e number received per category. THOSE SPEAKING BEFORE COUNCIL WILL BE ALLOWED THREE CONTIGUOUS MINUTES
TO ADDRESS COUNCIL, BUT TIME LIMITS MAY BE WAIVED,
UPON ADVICE OF THE TOWN ATTORNEY, BY (A) DISCRETION OF THE TOWN MANAGER UPON REQUEST BY THE SPEAKER
NOT LESS THAN 24 HOURS PRIOR TO A MEETING, (B)
CONSENSUS OF THE COUNCIL AT A MEETING OR (C) THE
MAYOR EITHER PRIOR TO OR DURING A MEETING. SPEAKERS MAY NOT (A) RESERVE A PORTION OF THEIR TIME FOR A
LATER TIME, OR (B) TRANSFER ANY PORTION OF THEIR TIME
TO ANOTHER SPEAKER.
3. At the conclusion of each citizen's comments, the Presiding
Officer may take any or all of the following actions:
a. Thank speaker for addressing issue.
b. Ask staff to review matter.
c. Ask that a matter be put on a future agenda.
d. Permit individual Councilmembers to respond to criticism
raised during the Call to the Public
4. At the discretion of the Presiding Officer a light and/or sound
signals may be used to indicate the commencement of the time for speaking
and a warning light may flash to show that the appropriate time has passed. A
red light will signal that there is no longer any remaining time.
FE. Consent Agenda
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1. The Consent Agenda includes items that are of such a nature that
discussion is not required, or issues that have been previously studied by the
Council. These items may be adopted by one motion and vote.
2. There is no detailed discussion on items listed under the Consent
Agenda, unless a member of the Council or any member of the public in
attendance at the meeting requests that an item or items be removed for
discussion. Councilmembers or the public may not ask a question without
removal of the item from the Consent Agenda.
3. Items removed from the Consent Agenda are considered in their
normal sequence as THE FIRST ITEM as listed on the REGULAR agenda,
unless called out of sequence as provided under Section 1.4
(Suspension of the Rules) above.
GF. Action Items.
1. At the time each business item is presented to the Council, the Town staff
shall present a report on the subject and the applicant, if any, may also speak. The Mayor or the Town Clerk, or authorized designee, will then
call the request forms of those citizens desiring input and comments.
All citizens and interested parties wishing to speak before the Council
shall fully complete request forms and submit the forms to the Town Clerk, or authorized designee, prior to Council discussion of that
agenda item.
Sufficient request forms shall be located in the Council Chamber's Lobby
(the public entry area into the Chamber) and at the Town Clerk's
position on the dais. Completed request forms will be retained by the
Town Clerk until the draft minutes are approved by the Council at a
subsequent meeting. Speakers' names and comments will be included
in the meeting minutes. Speakers will be called in the order in which the request forms were received. If a speaker chooses not to speak
when called, such speaker will be deemed to have waived his/her
opportunity to speak on that matter. REQUEST TO SPEAK FORMS
SUBMITTED BY THOSE WHO INDICATE THEY WILL NOT SPEAK WILL BE GROUPED TOGETHER BY THE CATEGORIES OF "FOR"
AND "AGAINST" RELATING TO THE ITEM INDICATED ON THE
REQUEST FORMS. THE TOWN CLERK WILL ANNOUNCE THE
NUMBER OF CARDS RECEIVED, IF ANY, AND THE NUMBER RECEIVED PER CATEGORY.
2. Those speaking before Council will be allowed three contiguous
minutes to address Council, but time limits may be waived, upon advice of the Town Attorney, by (a) discretion of the Town Manager upon request by
the speaker not less than 24 hours prior to a meeting, (b) consensus of the
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Council at a meeting or (c) the Mayor either prior to or during a meeting.
Speakers may not (a) reserve a portion of their time for a later time, or (b)
transfer any portion of their time to another speaker.
3. Residents may also use the online Request TO COMMENT
form to provide input regarding an item on the agenda. The online form is
found on the Towns website. The resident must completely fill out the online
form and submit it no later than 123:00 p.m. on the day BEFORE of the
council meeting for this item. The Town Clerk will PROVIDE ELECTRONIC
place copies at each TO councilmembers station on the dais, and when the item is up for discussion after all of the in-person comments have
concluded, will read the speaker’s name and whether or not they are
“for” or “against” the item for the public record. Written comments provided through the online form, will not be read out loud at the meeting.
4. The purpose of all public comments is to provide information and
the speaker's views for Council consideration. It is not appropriate for
the speakers to question directly, or debate the matter under
consideration with staff, other speakers, the audience or
Councilmembers; all remarks will be addressed to the Presiding Officer
and not to individual Councilmembers. All comments shall be
addressed through the Presiding Officer who shall decide if any response is warranted and who, if anyone, shall address the concern.
Councilmembers may request, upon recognition by the Presiding
Officer, clarification of comments or materials presented by the speakers, any applicant's
representatives or Town staff; provided, however, that no Councilmember shall
engage in debate directly with such speakers, representatives or Town staff.
5.
Proper decorum, in accordance with Section 6.4 below, must be observed by
Councilmembers, by speakers in providing testimony and remarks and by the
audience. In order to conduct an orderly business meeting, the Presiding
Officer shall keep control of the meeting and shall require the speakers and audience to refrain from abusive or profane remarks, disruptive outbursts,
applause, protests or other conduct that disrupts or interferes with the orderly
conduct of the business of the meeting. Personal attacks on Councilmembers, Town staff or members of the public are not allowed.
6. Generally, agenda items requiring public hearings, other than
those of a quasi-judicial nature, shall be conducted in the following order:
a. The Presiding Officer will announce the matter that is set
forth for a public hearing, will then open the public hearing, and,
if appropriate, ask the staff to provide a report of the matter.
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b. The Presiding Officer will then ask the applicant to speak regarding the matter.
C. THE PRESIDING OFFICER WILL REQUEST THE Town Clerk TO CALL ON THOSE WHO HAVE SUBMITTED
COMMENT CARDS.
dc. After all public comments are heard, the Presiding Officer will close the public hearing, and may ask staff or the applicant
to respond to the comments.
e.d. The Presiding Officer may then call for a motion and
second, if applicable, and ask if Council wishes to discuss the
issue. Council may then proceed to discuss the matter.
f.e. Upon the conclusion of Council comment, the Presiding
Officer will call for action on the motion.
g.f. Exhibits, letters, petitions, and other documentary items presented or shown to the Council on during a public hearing
item become part of the record of the public hearing and shall
be maintained by the Town Clerk.
hg. SHOULD EXHIBITS OR MATERIALS BE PRESENTED
AT THE MEETING, Tten collated sets of written or graphic
materials should be provided by the speaker to the Town Clerk
prior to the commencement of the hearing to allow for
distribution to the Council, key Town staff and the Town Clerk for inclusion in the public record. Reduced copies (8” x 11") of
large graphic exhibits should be provided as part of the sets of
materials for distribution as provided above. The appropriate
staff member shall be responsible to notify applicants of this
requirement.
7. Questions or comments from the public shall be limited to the subject under
consideration. Depending upon the extent of the agenda and the number of
persons desiring to speak on an issue, the Presiding Officer may, at the
beginning of the agenda item, limit repetitive testimony, and limit the amount
of time per speaker. Upon approval of (a) the Presiding Officer or (b) a majority
of the Council, persons may be allowed to speak longer than three minutes.
Councilmembers may ask the individual speaker questions through the
Presiding Officer.
8. Quasi-judicial hearings shall be conducted in accordance with
the principles of due process, and the Town Attorney shall advise the Council
in this regard.
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G. Council Discussion/Direction to the Town Manager. The Council may (1) request the Town Manager to follow-up on matters presented at that meeting;
and/or (2) a consensus of the Council may request the Town Manager to
research a matter and report back to the Council.
H. Adjournment. The open, public meeting of the Council may be adjourned
by consensus of the Council.
5.3 SPECIAL MEETINGS
A.
As Substitute for Regular Meeting. If a special meeting is being held as an extension
of or in place of a regular meeting, the agenda shall be as set forth for a regular
meeting.
B. Generally. For all other special meetings, the agenda shall be prepared in the following order:
AGENDA
Call to
Order Roll
Call Consent Agenda (if needed -explanatory paragraph same as regular meeting)
Action Items (grouped by subject to the extent possible)
Adjournment
5.4 WORK SESSION MEETINGS
The primary purpose of work sessions is to provide the Council with the opportunity for in-
depth discussion and study of specific subjects. Public comment is not provided for on the
agenda and may be made only as approved by consensus of the Council. In appropriate circumstances, a brief presentation may be permitted by a member of the public or another
interested party on an agenda item if invited by the Mayor and Council to do so. The Presiding
Officer may limit or end the time for such presentations.
The work session agenda shall be prepared in the following order:
Call to
Order Roll
Call
Work Session Statement (explanatory statement)
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All Items Listed Are for Discussion Only. No Action Can or Will Be Taken. The primary purpose of work sessions is to provide the Council with the opportunity for in-depth discussion
and study of specific subjects. Public comment is not provided for on the agenda and may be
made only as approved by consensus of the Council. In appropriate circumstances, a brief
presentation may be permitted by a member of the public or another interested party on an
agenda item if invited by the Mayor or the Town Manager to do so. The Presiding Officer may
limit or end the time for such presentations.
Agenda Items for Discussion (Items Numbered for Order)
Adjournment
SECTION 6. PROCEDURES FOR CONDUCTING THE MEETING
6.1 CALL TO ORDER
A meeting of the Council shall be called to order by the Presiding Officer, (the Mayor or in
his/her absence, by the Vice-Mayor). In the absence of both the Mayor and Vice-Mayor, the meeting shall be called to order by the Town Clerk, who shall immediately call for the selection
of a temporary Presiding Officer.
6.2 PARTICIPATION OF PRESIDING OFFICER
The Presiding Officer may debate from the Chair, subject only to such limitations of debate
as are imposed on all Councilmembers, and he/she shall not be deprived of any of the rights
and privileges of a Councilmember by reason of his/her acting as Presiding Officer. However,
the Presiding Officer is primarily responsible for the conduct of the meeting.
6.3 QUESTION TO BE STATED
The Presiding Officer shall verbally restate, or shall ask the Town Clerk COUNCILMEMBER to verbally restate, each question immediately prior to calling for discussion and the vote.
Following the vote, the Presiding Officer shall ask the Town Clerk or authorized designee to
verbally announce the results of voting, including the ayes, nays and abstentions. The
Presiding Officer shall publicly state the effect of the
vote for the benefit of the audience before proceeding to the next item of business. Formal
votes shall not be taken at work sessions or executive sessions.
6.4 RULES/DECORUM/ORDER
A. Points of Order. The Presiding Officer shall determine all points of order
after consultation with the Parliamentarian, subject to the right of any member
to appeal such determination to the whole Council. If any appeal is taken, the
question (motion) shall be substantially similar to the following: "Shall the decision of the Presiding Officer be sustained?" In which event, following a
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second, a majority vote shall govern, and conclusively determine such
question of order.
B. Order and Decorum
1. Councilmembers: Any Councilmember desiring to speak shall
address the Presiding Officer and, upon recognition by the Presiding
Officer, may speak.
2. Employees: Members of the administrative staff and employees
of the Town shall observe the same rules of procedure and decorum applied
to Councilmembers. The Town Manager shall ensure that all Town employees observe such decorum and will direct the participation of any staff member in
the discussion of the Council. The Town Manager shall first be recognized by
the Presiding Officer prior to addressing the Council. Any staff member
desiring to speak shall first be recognized by the Town Manager.
3. Public: Members of the public attending the meetings shall observe the same rules of order and decorum applicable to the Council.
Unauthorized remarks or demonstrations from the audience, such as
applause, stamping of feet, whistles, boos or yells shall not be permitted by the
Presiding Officer, who may direct a law enforcement officer to remove such
offender/s from the room.
C. Enforcement of Decorum. Proper decorum is to be maintained during all
meetings by the Council, staff and guests. It is the responsibility of the Presiding
Officer of the meeting to ensure compliance with this Policy. The Presiding Officer shall request that a speaker refrain from improper conduct; if the speaker refuses, the
Presiding Officer may end the speaker's time at the podium. If the speaker refuses to
yield the podium after being asked to do so by the Presiding Officer, the Presiding
Officer may (1) recess the meeting for a brief time (2) end the speaker's time at the podium or (3) direct a law enforcement officer present at the meeting to remove from
the meeting the person whose conduct is disorderly or disruptive.
6.5 TELECONFERENCE PROCEDURE
Meetings may be conducted by teleconference as follows:
A. Prior Notice. When a Councilmember is unable to attend a meeting and desires to participate
in the meeting by telephone, the Councilmember shall be permitted to do so provided he/she gives the Town Clerk, or authorized designee, notice of his/her inability to be
present at the meeting at least 48 24 hours prior to the meeting.
B. Notation on Agenda. The notice of the meeting and the agenda shall
include the following: "Councilmembers of the Town of Fountain Hills will attend either
in person or by telephone conference call."
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C. Public Access. Facilities will be used at the meeting to permit the public to observe and hear all telephone communications.
D. Notation in Minutes. The minutes of the meeting shall clearly set forth
which members are present in person and which are present by telephone.
6.6 ADDRESSING THE COUNCIL
A. Manner of Addressing the Council.
1. Any member of the public desiring to address the Council shall proceed to the podium after having been recognized by the Presiding
Officer. There shall be no loud vocalization (shouting or calling out)
from the seating area of the Council Chamber. At the podium, the
speaker shall clearly state his/her name for the record and shall
indicate if he/she is a Town resident.
2. Special assistance for sight and/or hearing-impaired persons can
be provided. Anyone requiring such assistance should contact the Town Clerk
48 hours THE THURSDAY PRIOR TO before a meeting to request an
accommodation to participate in the meeting.
B. Limitation Regarding Public Comment and Reports. The making of oral
communications to the Council by any member of the public during the "Call to the
Public: (Non-agenda Items)" or under an action item, shall be subject to the following
limitations:
1. All citizens wishing to address the Council shall complete and submit a request form as set forth in Subsection 5.2(F) above.
2.
The Presiding Officer may limit the number of speakers heard on non- agenda
topics at any single meeting to allow the meeting to proceed and end
in a timely manner.
3. If it appears that several speakers desire to provide repetitivecomments regarding a single topic, the Presiding Officer may
limit the number of speakers.
C. Motions.
1. Processing of Motions: When a motion is made and seconded, it
shall be stated by the Presiding Officer before debate.
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2. Precedence of Motions: When a motion is before the Council,
no motion shall be entertained except the following, which shall have
precedence in the following order:
a. Fix the time to adjourn
b. Adjourn
c. Recess
d. Raise a question of Privilege
e. Table
f. Limit or extend limits of debate
g. Postpone to a certain time and date
h. Amend
i. Postpone Indefinitely
j. Main Motion
3. Motion to Postpone Indefinitely: A motion to postpone indefinitely is used to dismiss an item on the agenda. This motion is debatable,
and because it can be applied only to the main question, it can,
therefore, only be made while the main question is immediately
pending (a motion and second is on the floor). This motion is commonly used to postpone an item until a more appropriate time.
4. Motion to Table: A motion to table enables the assembly to lay
the pending question aside temporarily when something else of immediate
urgency has arisen, in such a way that there is no set time for taking the matter up again. A motion to table shall be used to temporarily by-pass the subject.
A motion to table shall not be debatable and shall preclude all amendments or
debate of the subject under consideration. If the motion shall prevail, the
matter may be "taken from the table" at any time prior to the end of the next regular meeting.
5. Motion to Limit or Terminate Discussion: Such a motion shall be
used to limit or close debate on, or further amendment to, the main motion.
This is referred to as "Call for the Question" and is the motion used to cut off
debate and to bring the group to an immediate vote on the pending motion; it requires a two-thirds vote. The vote shall be taken by voice. If the motion fails,
debate shall be reopened; if the motion passes, a vote shall be taken on the
main motion.
6. Motion to Amend:
a. A motion to amend shall be debatable only as to the
amendment. A motion to amend an amendment on the floor shall not be in order.
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b. An amendment modifying the intention of a motion shall
be in order, but an amendment relating to a different matter
shall not be in order.
c. Amendments shall be voted on first, prior to consideration
of subsequent amendments. After all amendments have been
voted on, the Council shall vote on the main motion (as
amended, if applicable).
7. Motion to Continue: Motions to continue shall be debatable only
as to the propriety of postponement. Motions to continue to a definite time shall be amendable and debatable as to propriety of postponement and time set
only.
D. Addressing the Council after Motion is made. After the motion has been
made, or after a public hearing has been closed, no member of the public shall
address the Council without first securing permission from the Presiding Officer.
E. Voting Procedure. After discussion has been concluded and the Mayor,
the Councilmember who made the motion or the Town Clerk has restated the motion
under consideration, the following procedure shall apply:
1. Casting a Vote:
a. In acting upon every motion, the vote shall be taken by
casting a mechanical yes/no vote, voice, roll call or any other method as determined by the Presiding Officer, by which the
vote of each member of the Public Body can be clearly
ascertained and recorded in the meeting minutes. Upon the
request of the Mayor or a Councilmember, the vote shall be taken by roll call.
b. The vote on each motion shall be entered into the record
by names of the Councilmembers voting for or against. The
Record also shall include the names of any member not casting
a vote by reason of being absent from the room at the time of
the vote.
c. If a Councilmember has declared a Conflict of Interest, the
Town Clerk shall include a statement such as "Abstained due
to declared Conflict of Interest" in the official minutes as part of the results of the vote. THE COUNCILMEMBER SHALL FILL OUT A “CONFLICT OF INTEREST” FORM AND SUBMIT IT
TO THE TOWN CLERK FOR THE RECORD.
d. If the roll call method of voting is used, the Town Clerk or
designee shall call the names of all members in random order
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with each new vote concluding the vote with the Vice Mayor
and Mayor respectively. Members shall respond "Aye"or "Nay."
2. Failure to Vote:
a. All Councilmembers in attendance at a duly called
meeting that requires formal Council action are required to vote.
A member may abstain from voting only if he/she has a conflict of interest under State law, in which case such member shall
take no part in the deliberations on the matter in question.
COUNCILMEMBERS SHOULD CONTACT THE TOWN ATTORNEY TO VERIFY IF THEY HAVE A CONFLICT OF INTEREST
b. Should a Councilmember fail to vote AYE OR NAY or offer
a voluntary abstention, his/her vote shall be counted with the
majority of votes cast, unless the Councilmember's vote is excused by the State law; however, in the event of a tie vote,
his/her vote shall be counted as "Aye."
3. Reconsideration: Any Councilmember who voted with the
majority may move a reconsideration of any action at the same or next
regular meeting. To ensure that the open meeting law requirements are met, a written request from such Councilmember must be
submitted to the Town Clerk’s Office at least nine EIGHT days prior to
the next regular meeting. After a motion for reconsideration has once
been acted upon, no other motion for reconsideration thereof shall be
made without the unanimous consent of the Council.
4. The affirmative vote of a majority of a quorum shall be required for
passage of any matter before the Council.
SECTION 7. CONFLICT OF INTEREST
7.1 INTRODUCTION
Occasionally, a Councilmember may find himself/herself in a situation that requires a
Councilmember remove himself/herself from participation in discussion and voting on a matter
before the Council. This situation exists when the Councilmember has a "conflict of interest"
as defined by the Arizona Conflict of Interest Law. This law establishes minimum standards
for the conduct of public officers and employees who, in their official capacity, are, or may become involved with, a decision, which might unduly affect their personal interests or those
of their close relatives.
7.2 PURPOSE OF CONFLICT OF INTEREST LAWS
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The purpose of Arizona's Conflict of Interest Law is to prevent self-dealing by public officials
and to remove or limit any improper influence, direct or indirect, which might bear on an
official's decision, as well as to discourage deliberate dishonesty.
7.3 APPLICABILITY OF THE ARIZONA CONFLICT OF INTEREST LAW
The Arizona Conflict of Interest Law as now set forth or as amended in the future, applies to
all actions taken by Councilmembers, Board members, Commissioners, and Committee
members.
7.4 DISCLOSURE OF INTEREST
Any Councilmember, Board member, Commissioner, or Committee member who may have
a conflict of interest should seek the opinion of the Town Attorney as to whether a conflict
exists under the State law. Any member who has a conflict of interest in any decision must
disclose that interest at the meeting and in writing on a form provided by the Town Clerk. The
disclosure of the conflict shall include a statement that the member withdraws from further participation regarding the matter. The Town Clerk or designee shall maintain for public
inspection all documents necessary to memorialize all disclosures of a conflict of interest by
a member.
7.5 WITHDRAWAL FROM PARTICIPATION
Having disclosed the conflict of interest and withdrawn in the matter, the Councilmember, Board member, Commissioner, or Committee member must not communicate about the
matter with anyone involved in the decision making process in any manner. Further, the
member should not otherwise attempt to influence the decision and should remove
himself/herself from the Council Chamber, or other location where a meeting is being held,
while the matter is considered. Failure to disclose any conflict of interest is addressed in
Section 7.8 below.
7.6 RULE OF IMPOSSIBILITY
In the unlikely situation that the majority of Councilmembers, Board members, Commissioners, or Committee members have a conflict of interest and the Council, Board,
Commission or Committee is unable to act in its official capacity, members may participate in
the discussion and decision after making known their conflicts of interest in the official records.
7.7 IMPROPER USE OF OFFICE FOR PERSONAL GAIN
Public officers and employees are prohibited from using or attempting to use their official positions to secure valuable things or benefits for themselves, unless such benefits are (A)
part of the compensation they would normally be entitled to for performing their duties or (B)
otherwise permitted according to State Law.
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7.8 SANCTIONS FOR VIOLATIONS
Violations of the conflict of interest provisions set forth herein shall be punished as provided
for in State law.
7.9 NON-STATUTORY CONFLICTS OF INTEREST
Occasionally, a Councilmember, Board member, Commissioner, or Committee member may
feel that he/she should ethically refrain from participation in a decision even though the
circumstances may not amount to a conflict of interest under the State law described above. It is the policy of the Council to encourage members to adhere to strongly held ethical values,
which are exercised in good faith. However, subsection 6.6(E) (2) above encourages
participation in the decision-making process unless the matter involves a statutory conflict of
interest set forth by State law.
SECTION 8. CODE OF ETHICS
PREAMBLE:
The citizens of Fountain Hills are entitled to have a fair, ethical, and accountable government,
which has earned the public’s full confidence. In keeping with the Town of Fountain Hills’
commitment to the effective functioning of government, public officials, both elected and
appointed, shall comply with both the letter and spirit of the laws and policies affecting the operations of government; be independent, impartial and fair in their judgment and actions
and use their office for the public good and not for personal gain.
The purpose of this policy for the Town is to ensure the quality of the Town Government
through ethical principles that shall govern the conduct of the Council and members of the Town's Boards, Commissions, and Committees.
In furtherance of this purpose, we shall:
8.1 OBEY THE CONSTITUTION AND LAWS OF THE UNITED STATES OF
AMERICA, THE CONSTITUTION, AND LAWS OF THE STATE OF
ARIZONA AND THE LAWS OF THE TOWN OF FOUNTAIN HILLS. WORK TO ENACT AND ENFORCE LAWS THAT PROMOTE THE WELL-BEING OF
OUR COMMUNITY.
8.2 BE DEDICATED TO THE CONCEPTS OF EFFECTIVE AND
DEMOCRATIC LOCAL GOVERNMENT THROUGH DEMOCRATIC
LEADERSHIP.
We shall honor and respect the principles and spirit of representative democracy and shall set a positive example of good citizenship by scrupulously observing the letter
and spirit of laws, rules, and regulations.
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We shall base our decisions on the merits and substance of the matter at hand. We
shall publicly share substantive information that is relevant to a matter under
consideration by the Council or Boards and Commissions, which we may have
received from sources outside of the public decision-making process, with the
exception of confidential or privileged information which should remain as such.
8.32 AFFIRM THE DIGNITY AND WORTH OF THE SERVICES RENDERED
BY THE TOWN GOVERNMENT AND MAINTAIN A DEEP SENSE OF SOCIAL
RESPONSIBILITY AS A TRUSTED PUBLIC SERVANT.
8.43 BE DEDICATED TO THE HIGHEST IDEALS OF HONOR, ETHICS, AND INTEGRITY IN ALL PUBLIC AND PERSONAL RELATIONSHIPS.
A. Public Confidence. We shall conduct ourselves so as to maintain
public confidence in Town government and in the performance of the public trust.
We recognize our responsibility, when serving in our official capacity, and will
practice the following:
• Engage in constructive conversations and debates that
encourage the exchange of ideas while avoiding personal attacks or
derogatory language.
• Refrain from making verbal attacks upon the character or motives of other members of the Council, Boards, Commissions, the
staff, or the public.
• Refrain from making disparaging remarks about the other
members of the Council, Boards, Commissions, the staff, or the public.
B. Impression of Influence. We shall conduct our official and personal affairs
in such a manner as to give a clear impression that we cannot be improperly
influenced in the performance of our official duties.
C. Advocacy. We shall represent the official policies or positions of the Town
Council, Board, or Commission to the best of our ability when designated as
delegates for this purpose. When presenting our own individual opinions and
positions to the public, the media, or other stakeholders. We shall state they
do not represent the Council or the town of Fountain Hills nor imply that they
do.
8.5 RECOGNIZE THAT THE CHIEF FUNCTION OF LOCAL
GOVERNMENT IS AT ALL TIMES TO SERVE THE BEST INTERESTS OF
ALL THE PEOPLE.
We shall treat our office as a public trust, only using the power and resources of
public office to advance public interests and not to attain personal benefit or pursue
any other private interest incompatible with the public good. Our decisions and actions will be guided by the best interests of the community we serve.
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We have a public forum to show how individuals with disparate points of view can
find common ground and seek a compromise that benefits the community as a
whole. We will use this public forum in the most effective and beneficial manner.
8.6 KEEP THE COMMUNITY INFORMED ON MUNICIPAL AFFAIRS;
ENCOURAGE COMMUNICATION BETWEEN THE CITIZENS AND ALL MUNICIPAL OFFICERS; EMPHASIZE FRIENDLY AND COURTEOUS
SERVICE TO THE PUBLIC; AND SEEK TO IMPROVE THE QUALITY AND
IMAGE OF PUBLIC SERVICE.
A. Accountability. We shall ensure that government is conducted openly,
efficiently, equitably, honorably, and in a manner that permits the citizens to
become fully informed to allow them to hold Town officials accountable.
B. Respectability. We shall safeguard public confidence in the integrity of
Town government by being honest, fair, caring, and respectful, and by avoiding
conduct creating the unexplainable appearance of impropriety, or impropriety of which
is otherwise unbefitting a public official.
8.74 SEEK NO FAVOR; BELIEVE THAT PERSONAL BENEFIT OR PROFIT
SECURED BY CONFIDENTIAL OR PRIVILEGED INFORMATION OR BY
MISUSE OF PUBLIC TIME IS DISHONEST.
A. Private Employment. We shall take any steps necessary to ensure that we comply with the State law regarding conflicts of interest when we engage in, solicit,
negotiate for, or promise to accept private employment or render services for private
interests or conduct a private business.
B. Confidential Information. We shall not disclose to others, or use to further
our personal interest, confidential information acquired in the course of our official duties.
C. Gifts. We shall not directly or indirectly, in connection with service to the
Town, solicit any gift or accept or receive any gift - of any value - whether it be
money, services, loan, travel, entertainment, hospitality, promise, or any other
form of gratuity. This policy shall not apply to hospitality, transportation or other
assistance provided to Town officials when such hospitality, transportation or
other assistance is (i) directly related to their participation in community events
as a representative of the Town or (ii) of inconsequential value and accepted as a courtesy.
D. Investment in conflict with official duties. We shall not invest or hold any investment, directly or indirectly, in any financial business, commercial or other private
transaction that creates a conflict with our official duties.
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E. Personal relationships. Personal relationships shall be disclosed in any
instance where there could be the appearance of conflict of interest or a conflict of
interest.
8.8 CONDUCT BUSINESS OF THE TOWN IN A MANNER, WHICH IS NOT
ONLY FAIR IN FACT, BUT ALSO FAIR IN APPEARANCE.
8.9 PROMOTE UNDERSTANDING, MUTUAL RESPECT AND TRUST AMONG MEMBERS OF COUNCIL, BOARDS, COMMISSIONS AND
COMMITTEES CONCERNING THEIR ROLES AND RESPONSIBILITIES
WITH RESPECT TO TOWN STAFF'S RESPONSIBILITY FOR IMPLEMENTING THE COUNCIL'S POLICIES.
8.10 COMPLIANCE AND ENFORCEMENT
Any person(s) who believes a council member, Board, or Commissioner has violated
the Code of Ethics outlined in Section 8 of The Rules of Procedure may file a
complaint. To file a complaint, a person(s) must request the complaint form from the Town Clerk and file the a complaint via email or in person to the Town Manager and Town Attorney within 30 90 days of the alleged occurrence or
discovery of the alleged occurrence. See Section 10 of the Rules of Procedure.
All members of the Council, boards, commissions, or committees shall acknowledge in
writing, on a form provided by the Town Clerk, receipt of these provisions relating to ethics.
SECTION 9. BOARDS, COMMISSIONS, AND COMMITTEES
The Fountain Hills' Council may create such boards, commissions, and committees as
deemed necessary to assist in the conduct of the operation of Town government. The Council
may authorize and direct the Town Manager to establish ad hoc committees as needed in
order to provide additional flexibility with regard to conducting Town business.
9.1 REGULARLY SCHEDULED OR UNSCHEDULED BOARDS, COMMISSIONS AND COMMITTEES
A. Classification. All boards, commissions, and committees of the Town
shall be classified as regularly scheduled or unscheduled boards, commissions, and committees. Regularly scheduled boards, commissions,
and committees are those that meet on a regularly- scheduled basis or may
be quasi-judicial in nature. Unscheduled boards, commissions, and
committees meet on an as-called basis.
B. Regularly Scheduled. Regularly scheduled boards, commissions, and
committees include:
1. Planning and Zoning Commission
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2. Community Services Advisory Commission
3. McDowell Mountain Preservation Commission
4. 3. Strategic Planning Advisory Commission
5.4. Sister Cities Advisory Commission
6. Municipal Property Corporation (still active and should not be deleted)
7.5. Historic and Cultural Advisory Commission
C. Unscheduled. Unscheduled boards, commissions, and committees:
1. Ad Hoc Committees
2. Board of Adjustment
D. Sunset. Except for the Planning and Zoning Commission and Board of Adjustment, any board, commission, or committee created shall cease to exist (1)
upon the accomplishment of the special purpose for which it was created, or (2) when
abolished by a majority vote of the Council.
9.2 SELECTION OF BOARD, COMMISSION, OR COMMITTEE MEMBERS
A. Call for Applications. The call for applications to fill vacant seats for boards, commissions and committees may include a request for:
1. The application that describes the applicant’s skills, experience,
and educational background needed to ensure the successful filling of the
vacancy. Applicants may submit a resume along with the application;
however, not in lieu of filling out the application.
2. Responses to the supplemental questionnaire specific to a board, commission, or committee application, if such questionnaire is included.
3. The consent to executive session form.
4. If a member whose term will be expiring wishes to reapply for an
additional term on the same board, commission or committee, such member
is exempt from filing those items listed in Subsections 9.2 (A)(1-4 2). However,
such member shall submit in writing, on a form provided by the Town Clerk OR
DESIGNEE that includes a request for the Council's consideration of
reappointment in addition to the consent to executive session as listed in
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Subsection 9.2(A)(53). The member may include any new or additional
information that is relevant to the original application already on file.
B. Advertising/Timing and Location. The Town Clerk OR DESIGNEE shall
be responsible for advertising to fill vacant seats to boards, commissions, and
committees for at least two weeks and no later than two months, prior to the expiration of the current board, commission, or committee member(s) term, via:
1. The Town's government access channel.
2. Newspaper advertising.
3. The Town website.
4. The Town's official posting sites as listed in Section 2-4-3 of the Fountain Hills
Town Code. The downloadable application packet will be placed on the Town's
website for public access with hard copies made available to the public through
the Customer Service Representative.
C. Advertisement Contents. Advertisement of vacancies shall include the following:
1. The name of the board, commission, or committee.
2. The number of vacancies to be filled.
3. A brief description of the board, commission, or committee.
4. A brief description of the qualifications, skills and experience
background applicants should possess, if any.
5. An overview of when the board, commission, or committee meets.
6. The deadline for submitting applications.
7. Listing of applicant information required and location where
application packets may be obtained.
8. Staff liaison contact information.
9. The dates of publication in the local paper.
D. Staff Review. Individuals applying for boards, commissions, or committees must submit to the Town Clerk OR DESIGNEE those items as
listed in Subsection 9.2(A) above by the published deadline. The Town Clerk
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and Staff Liaison will review the application(s) to ensure that the applicant(s)
meet the qualifications as listed in Subsection 9.4(A) below.
E. Council Materials. The staff liaison to the board, commission, or
committee will assemble and copy all application packets and provide all
supporting materials to all Councilmembers.
F. Subcommittee Review/Interview. The Council subcommittee shall
interview all applicants, unless there are more than five applicants for each vacancy, in which case the subcommittee may choose, at its discretion, to limit the number of
interviewed applicants to five per vacancy after meeting to review all of the
applications. The staff liaison will schedule an appropriate time to interview qualified
applicants in person or via telephone, and shall prepare and post the agenda for an
executive session in accordance with the Arizona open meeting law for said
interviews. Interviews shall be conducted in Executive Session unless the applicant
requests the interview be held at a public meeting.
G. Subcommittee Recommendation. After the interviews have concluded,
the staff liaison, Town Clerk or the Council Subcommittee chair shall advise the Mayor
of the subcommittee's discussion and appointment recommendation(s).
H. Council Consideration. The Town Clerk OR DESIGNEE shall prepare the
Staff Report according to the submission deadline for the next appropriate Council meeting agenda, including the following information: (1) a review of the steps taken to
recruit applicants, (2) the number of vacancies to be filled along with the names of
those members whose terms expire, (3) the number of applications received and (4)
the specific term to be filled.
I. Notification of Council Meeting. The staff liaison shall notify the appointee(s) that he/she is a possible candidate for appointment to a board,
commission, or committee and suggest that he/she may want to be present at the
scheduled meeting when the recommendation is presented to the Council.
J. Notification of Council Action. Following the Council's approval of the
Mayor's appointment(s) to a board, commission, or committee, the Town Clerk OR DESIGNEE shall notify appointees as to their appointment and provide them with an
Oath of Office, Ethics Policy and Open Meeting Law Affirmation for their signature and
return. Those applicants not chosen to fill a vacancy on a board, commission, or
committee, will be provided written notification by the Town Clerk OR DESIGNEE
outlining the Council's appointments and they will be provided with an application of
interest for consideration of applying for any other board, commission and committee
vacancies.
K. Appointee Orientation. The staff liaison will provide specific details to the new appointees relative to: (1) their attendance at the "official" board, commission, or
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committee orientation, and (2) all official literature, agendas, minutes, or other
materials specific to their appointment.
9.3 RECOMMENDATIONS FOR APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES
A. Appointments Subcommittee. The Mayor may annually appoint Council
Subcommittees for board, commission and committee appointments. Each
subcommittee shall be made up of three Councilmembers. The Mayor may appoint himself/herself to this subcommittee. If no such subcommittee is
appointed, at a minimum, a quorum of the Fountain Hills TOWN Council shall
review applications and conduct interviews for the various boards, commissions, and committees to fill vacancies based upon the applicants'
skills, experience, and background as required under Section 9.4 below.
B. Subcommittee Purpose. The purpose of this Council Subcommittee is to
review applications, interview applicants (typically in Executive Session) and
provide a recommendation to the Mayor for possible appointment to fill vacancies based upon the applicants' skills, experience, and background as
required under Section 9.4 below.
C. Appointment Timing. The process of application review and interviews will be conducted in
such a manner as to allow for the appointments to coincide with the term expiration of
the current board, commission or committee member(s) term or as soon thereafter as
reasonably possible.
9.4 QUALIFICATIONS FOR APPOINTMENTS; EMPLOYEES OR APPOINTED OFFICERS AS MEMBERS
A.
Minimum Qualifications. All members of boards, commissions, and committees shall meet the following minimum qualifications upon their appointment to any board,
commission, or committee. Each member must be:
1. Eighteen years of age or older, for any board, commission, or
committee seats, designated by Council; except for members appointed to Youth Commissioner position for youth representation.
2. A Fountain Hills resident for at least one year, unless the Council specifically waives this time or residency requirement for a specific
board, commission or committee.
3. A qualified elector, except for youth appointees.
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B. Prohibited Appointees. Town employees or appointed officers shall not
be eligible for appointment to any board, commission, or committee but may be
requested to provide staff support thereto. Councilmembers are prohibited from
serving on regularly scheduled commissions as listed in Subsection 9.1(B) above and
the Board of Adjustment.
C. Ex-Officio Members. The Mayor, with the consent of the Council, may
from time to time appoint ex-officio members to those boards, commissions or
committees as set forth in the bylaws of such body. Such members shall serve at the pleasure of the Mayor and Council. Ex-officio members shall not be
entitled to vote on any matter brought before the commission.
9.5 TERMS, VACANCIES, REMOVAL
A. Terms. All members of unscheduled boards, commissions, and
committees shall serve a term of up to three years, or until the board, commission, or committee is dissolved, unless Council action, Town Code, or Arizona Revised
Statutes specifically designates terms.
B. Staggered Terms for Smaller Boards. For those regularly scheduled
boards, commissions, and committees having five members or fewer, the terms of
office shall be staggered so that no more than two terms shall expire in any single
year when possible; provided, however, that no staggering of terms shall be required for any boards, commission, or committee that will be in existence for a single term.
C. Staggered Terms for Larger Boards. For those boards, commissions, and committees having
more than five members but less than eight members, the terms of office shall be
staggered so that no more than three terms shall expire in any single year when
possible; provided, however, that no staggering of terms shall be required for any
board, commission, or committee that will be in existence for a single term.
D. Simultaneous Service Limitation. No individual may serve as a voting member on more than one regularly scheduled or unscheduled board,
commission, and committee at one time.
E. Vacancies. A vacancy on a board, commission, or committee shall be
deemed to have occurred upon the following:
1. Death or resignation of a member of a board, commission, or committee.
2. A member ceasing to be a resident of the Town of Fountain Hills,
unless the Council has provided that such member may be a non-resident.
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3. Three successive unexcused or unexplained absences by a
member from any regular or special board, commission, or committee
meetings. However, the term of all members shall extend until their successors
are appointed and qualified.
F. Removal. Any board, commission, or committee member may be removed as a member to that board, commission, or in accordance with Article
2A-1-1 of the Fountain Hills Town Code.
G. Filling Vacancy. Whenever a vacancy has occurred on one board,
commission, or committee procedures described in Sections 9.2, 9.3, and 9.4
above will be used to generate applicants, interview applicants, and make a
recommendation for a potential appointee. One exception to this rule is that if
a vacancy should occur within twelve months of a subcommittee’s interviewing
process for said board/commission/committee, and the subcommittee had submitted a ranking of those previously interviewed, a recommendation may
be forwarded to the mayor for appointment of the unexpired term based on
said ranking.
H. Re-appointment. An incumbent member of a board, commission, or
committee seeking reappointment shall submit, in writing on a form provided by the Town Clerk OR DESIGNEE that includes a request for the Council's
consideration of reappointment in addition to the consent to executive session
form by the published deadline in order to be considered for appointment by the Council. The member may include anyone or additional information that is
relevant to the original application already on file.
9.6 APPLICABILITY OF THE ARIZONA OPEN MEETING LAW
All boards, commissions, and committees are subject to the Arizona Open Meeting Law and
therefore shall attend the Town's Annual Open Meeting Law training.
9.7 RESIDENCY REQUIREMENT
Members of all boards, commissions or committees shall be residents of the Town.
SECTION 10 – CODE OF ETHICS - COMPLAINT PROCEDURE
MEMBERS OF THE PUBLIC
Any person who believes a Council Member, Board, or Commissioner has violated the Code
of Ethics outlined in Section 8 of the Rules of Procedure may file a complaint. To file a
complaint, a person(s) must request the complaint form from the Town Clerk and file the
complaint within 90 days of the alleged occurrence or discovery of the alleged occurrence.
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10.1 THE COMPLAINT FORM SHALL CONTAIN THE FOLLOWING INFORMATION:
• The complainant’s name, address, email, and telephone number.
• The name of the person who is the subject of the complaint.
• The nature of the alleged violation, identifying the specific provision of the
ethics they allegedly violated.
• Statement of facts, including dates and any witnesses with contact information
to the alleged violation.
10.2 INITIAL SCREENING PROCESS
Complaints must be filed with the Town Clerk. The Town Clerk will review each
complaint for completeness and administer a date stamp. Reasons a complaint may be returned:
• Incomplete
• Untimely
If the form is complete, the Town Clerk will forward the complaint to the Town Attorney
for initial screening. The Town Attorney will determine if the alleged violation does fall
under the Code of Ethics. If the Town Attorney determines that the complaint on its
face may violate the Code of Ethics, it will be forwarded to outside counsel for review and the appropriate council member(s) will be notified. To avoid the appearance of impropriety, councilmembers directly involved in an ethics complaint may not
communicate with Town Staff or the Town Attorney regarding the complaint
until the initial screening is complete and the complaint has been either forwarded to outside counsel or dismissed as a false or frivolous.
10.4 OUTSIDE COUNSEL REVIEW
Each complaint received by outside counsel will be reviewed based on the merits of
the complaint. outside counsel has the authority to conduct an investigation or make
a determination based on the information provided.
If counsel determines that interviews are needed, the complainant and respondent
will be interviewed, and in the discretion of counsel, all witnesses listed. Councilmembers will cooperate with counsel to the fullest extent.
Once the review/investigation is concluded, outside counsel will provide the Town
Attorney with a determination whether the complaint is sustained or not sustained. If
the complaint is sustained, the Town Attorney will schedule an Executive Session for
review and enforcement by the Town Council. If the complaint is not sustained, the Town Attorney will notify the Town Clerk, who will notify all parties involved in the
complaint of the outcome.
All determinations by outside counsel are final and no appeals will be accepted.
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In the case of an ethics complaint being filed and forwarded to outside counsel for review, outside counsel shall make a determination whether the complaint has merit
or is without merit and deemed frivolous. If deemed without merit or frivolous, the
petitioner shall agree to pay the legal expenses associated with the claim. The Town
Attorney shall obtain an itemized receipt of costs by outside counsel as well as provide the cost of his own labor on the false or frivolous complaint. This
total is then combined onto an invoice, and forwarded to the complainant with
the results provided by outside counsel.
False or frivolous complaints. A person who knowingly makes a false, misleading, or
unsubstantiated statement in a complaint is subject to criminal prosecution for
perjury and potential civil liability for, among other possible causes of action,
defamation. If after reviewing an ethics complaint it is determined that a sworn
complaint is groundless and appears to have been filed in bad faith or for the purpose
of harassment, or that intentionally false or malicious information has been provided under penalty of perjury, then the Town Attorney may refer the matter to the
appropriate law enforcement authority for possible prosecution. A town official who
seeks to take civil action regarding any such complaint shall do so at his or her
expense.
10.5 ENFORCEMENT
All sustained complaints will be brought forth to the Town Council for appropriate
action. The Council may impose sanctions on members whose conduct does not
comply with the Code of Ethics based on the circumstances of the infraction, those
sanctions are as follows:
• The Council, by a majority vote, can direct a statement to be retracted.
• The Council, by a majority vote, can direct an apology to be offered.
• The Council, by a majority vote, can choose to take no action.
• The Council, by a majority vote, can censure a member who fails to uphold the standards outlined in the Code of Ethics.Rules of Procedure.
• The Council, by a majority vote, can suspend the offending council
member from a future the next council meeting OR
• Impose any other sanction in accordance with state law.