HomeMy WebLinkAbout2026.0120.TCWS.AGENDA.PACKET
NOTICE OF MEETING
WORK SESSION
TOWN COUNCIL
Mayor Gerry M. Friedel
Vice Mayor Allen Skillicorn
Councilmember Gayle Earle
Councilmember Brenda J. Kalivianakis
Councilmember Hannah Larrabee
Councilmember Peggy McMahon
Councilmember Rick Watts
TIME:
WHEN:
WHERE:
4:00 PM - WORK SESSION
TUESDAY, JANUARY 20, 2026
FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, ARIZONA
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.
1. CALL TO ORDER
2. WORK SESSION 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 if invited by the Mayor or the Town Manager to do so. The Presiding Officer may
limit or end the time for such presentations.
3. ROLL CALL
4. REGULAR AGENDA
a. DISCUSSION: Regarding amending the Fountain Hills Town Council Rules of Procedure
to restore "Call to the Public", update Section 6, improve format, and
incorporate changes requested by Council.
5. ADJOURNMENT
Dated this 15 day of January, 2026
Bevelyn J. Bender, Town Clerk
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The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call (480) 816-5100 (voice) or (800) 367-
8939 (TDD) 48-hours prior to the meeting to request reasonable accommodation to participate in the meeting or to obtain agenda information in large
print format. Supporting documentation and staff reports furnished to the Council with this agenda are available for review in the Clerk's Office.
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ITEM 4.a.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 1/20/2026
Meeting Type: Town Council Work Session
Submitting Department: Administration
Prepared by: Jennifer Wright, Town Attorney
Staff Contact Information: Phone:
Email: jen@timlasota.com
Request to Town Council Regular Meeting (Agenda Language)
DISCUSSION: Regarding amending the Fountain Hills Town Council Rules of Procedure to
restore "Call to the Public", update Section 6, improve format, and incorporate changes
requested by Council. Staff Summary (background)
On November 18, 2025, based on a recommendation from the Town Attorney, the Council
voted to amend the Council Rules of Procedure to, among other things, eliminate the "Call
to the Public" at Council Meetings.
The Town Attorney recommended eliminating "Call to the Public" in response to a Notice of
Claim that was filed against the Town alleging, in part, that religious comments made during
the Call to the Public violated the law. The Town Attorney recommended temporarily
removing the Call to the Public to allow sufficient time to review and amend the Rules of
Procedure to ensure maximum compliance with state and federal laws.
At that Council meeting, Councilmembers voting in favor of amending the Rules of
Procedure to remove the "Call to the Public" asked that work be done to review and amend
the Rules of Procedure so that the Council could bring the issue back again and restore the
"Call to the Public".
At the request of Councilmember Earle, and with the consent of Mayor Friedel, a working
group was formed to review the Rules of Procedure, specifically focused on restoring the
"Call to the Public" and amending other sections of the Rules of Procedure, including section
6, Procedures for Conducting the Meeting.
The attached amended Rules of Procedure have been drafted by the Town Attorney for
Council to review and make additional suggestions before the Rules are presented at a
Regular Meeting for approval. Specifically, the draft includes restoring "Call to the Public"
and updating Section 6, Procedures for Conducting the Meeting. Much of the added content
was inspired by the City of Scottsdale 2025 Rules of Council Procedure. In addition, some
formatting changes were made to make the document more readable.
For this update, the Town Attorney limited the substantive changes to restoring "Call to the
Public" and amending and clarifying procedures for conducting the meeting, including the
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rules of decorum. No significant substantive changes were made to other sections of the
Rules of Procedure. To the extent that other sections of the Rules of Procedure may need
updating, the Town Attorney recommends that it be done at a later date to allow more time
for a comprehensive review. Related Ordinance, Policy or Guiding Principle
Fountain Hills Town Council Rules of Procedure Risk Analysis
n/a Recommendation(s) by Board(s) or Commission(s) Staff Recommendation(s) Suggested Motion
None.
FISCAL IMPACT
Fiscal Impact:
Budget Reference:
Funding Source:
ATTACHMENTS
1. 2026 Council Rules of Procedure - DRAFT
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T OWN OF F OUNTAIN H ILLS
C OUNCIL R ULES OF P ROCEDURE
Adopted August 7, 2003 by Ordinance 03-17
Amended April 7, 2005 by Resolution 2005-30
Amended November 17, 2005 by Resolution 2005-52
Amended November 17, 2005 by Resolution 2005-63
Amended May 18, 2006 by Resolution 2006-28
Amended December 7, 2006 by Resolution 2006-47
Amended December 7, 2006 by Resolution 2006-52
Amended July 2, 2009 by Resolution 2009-29
Amended November 7, 2013 by Resolution 2013-26
Amended February 6, 2014 by Resolution 2014-09
Amended March 5, 2019 by Resolution 2019-15
Amended September 3, 2019 by Resolution 2019-46
Amended October 5, 2021 by Resolution 2021-33
Amended February 21, 2023 by Resolution 2023-05
Amended March 21, 2023 by Resolution 2023-08
Amended September 6, 2023 by Resolution 2023-30
Amended April 15, 2025 by Resolution 2025-15
Amended November 18, 2025 by Resolution 2025-42
Amended February 3, 2026 by Resolution 2026-02
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TABLE OF CONTENTS
§1. RULES OF PROCEDURE .................................................................................. 1
1.1 PROCEDURES ........................................................................................... 1
1.2 PRESIDING OFFICER .................................................................................. 1
1.3 PARLIAMENTARIAN .................................................................................... 1
1.4 SUSPENSION OF THE RULES ...................................................................... 2
1.5 MAYOR SEATING OF THE COUNCIL ............................................................ 2
1.6 VICE MAYOR ROTATION ............................................................................. 2
§ 2. DEFINITIONS ................................................................................................. 3
2.1 AGENDA .................................................................................................... 3
2.2 AGENDA PACKET ....................................................................................... 3
2.3 CONSENT AGENDA .................................................................................... 3
2.4 COUNCIL ................................................................................................... 4
2.5 COUNCIL RULES ........................................................................................ 4
2.6 MEETING ................................................................................................... 4
2.7 NOTICE...................................................................................................... 4
2.8 QUORUM ................................................................................................... 4
2.9 TOWN ........................................................................................................ 5
§3. MEETINGS ...................................................................................................... 6
3.1 REGULAR MEETINGS .................................................................................. 6
A. Regular Meeting Date; Time. .................................................................... 6
B. Holidays. ................................................................................................ 6
3.2 ADJOURNED MEETINGS ............................................................................. 6
3.3 SPECIAL MEETINGS .................................................................................... 6
3.4 WORK SESSIONS ....................................................................................... 7
A. How Convened; When Convened; Notice. ................................................ 7
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B. Purpose. ................................................................................................. 7
3.5 EXECUTIVE SESSIONS ................................................................................ 7
3.6 EMERGENCY MEETINGS ............................................................................. 7
3.7 MEETINGS TO BE PUBLIC ........................................................................... 8
A. Open to Public. ....................................................................................... 8
B. Public Comment. .................................................................................... 8
3.8 MINUTES OF MEETINGS ............................................................................. 8
A. Staffing. .................................................................................................. 8
B. Recordings; verbatim written minutes. ..................................................... 8
C. Availability. ............................................................................................. 9
D. Executive Sessions. ................................................................................ 9
E. Approval. ................................................................................................... 9
§4. NOTICE AND AGENDA .................................................................................. 10
4.1 POSTING NOTICES ................................................................................... 10
A. Time. .................................................................................................... 10
B. Locations. ............................................................................................ 10
4.2 AGENDA PREPARATION ........................................................................... 10
A. Availability. ........................................................................................... 10
B. Submittal Process. ................................................................................ 10
C. Timelines for Submission of Items. ........................................................ 11
D. Agenda Item Submittals for Council Executive Sessions. ........................ 11
E. Agenda Packets. ...................................................................................... 12
F. Removal Requests. .................................................................................. 12
4.3 DISTRIBUTION OF NOTICES AND AGENDAS .............................................. 12
A. Copies. ................................................................................................. 12
B. Distribution. ......................................................................................... 12
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C. Amendments. ....................................................................................... 13
4.4 DISTRIBUTION OF MATERIALS/HANDOUTS FOR PROPOSED LANGUAGE TO
AGENDA ITEMS .................................................................................................. 13
§5. ORDER OF BUSINESS ................................................................................... 14
5.1 ORDER OF BUSINESS ............................................................................... 14
5.2 REGULAR MEETINGS ................................................................................ 14
A. Agenda ................................................................................................. 14
B. Roll Call for Attendance......................................................................... 15
C. Statement of Participation. .................................................................... 15
D. Summary of Current Events by Town Manager ........................................ 16
E. Proclamations, Awards, and Recognitions. ................................................ 16
F. Presentations. ......................................................................................... 16
G. Consent Agenda ................................................................................... 16
H. Regular Agenda. .................................................................................... 17
I. Call to the Public. ..................................................................................... 19
K. Future Agenda Items. ............................................................................ 20
L. Adjournment. ........................................................................................... 20
M. Request to Comment Cards .................................................................. 21
N. Maintaining Proper Decorum. ................................................................ 21
O. Regular Meeting Live Stream. ................................................................. 21
5.3 SPECIAL MEETINGS .................................................................................. 21
A. As Substitute for Regular Meeting. ......................................................... 21
B. Generally. ............................................................................................. 22
5.4 WORK SESSION MEETINGS ...................................................................... 22
§6. PROCEDURES FOR CONDUCTING THE MEETING .......................................... 24
6.1 CALL TO ORDER ....................................................................................... 24
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6.2 PARTICIPATION OF PRESIDING OFFICER .................................................. 24
6.3 QUESTION TO BE STATED ......................................................................... 24
6.4 RULES/DECORUM/ORDER ....................................................................... 24
A. Application. .......................................................................................... 24
B. Rules of Decorum ................................................................................. 25
C. Enforcement of Decorum. ..................................................................... 27
6.5 TELECONFERENCE PROCEDURE ............................................................. 28
A. Prior Notice. ......................................................................................... 28
B. Notation on Agenda. ............................................................................. 28
C. Public Access. ...................................................................................... 28
D. Notation in Minutes. .............................................................................. 28
6.6 ADDRESSING THE COUNCIL .................................................................... 28
A. Manner of Addressing the Council. ........................................................ 28
B. Limitation Regarding Public Comment and Reports. ............................... 29
C. Motions. ............................................................................................... 29
D. Addressing the Council after Motion is made. ......................................... 32
E. Voting Procedure...................................................................................... 32
§7. CONFLICT OF INTEREST ............................................................................... 34
7.1 INTRODUCTION ....................................................................................... 34
7.2 PURPOSE OF CONFLICT OF INTEREST LAWS ............................................ 34
7.3 APPLICABILITY OF THE ARIZONA CONFLICT OF INTEREST LAW.................. 34
7.4 DISCLOSURE OF INTEREST ....................................................................... 34
7.5 WITHDRAWAL FROM PARTICIPATION ....................................................... 35
7.6 RULE OF IMPOSSIBILITY ........................................................................... 35
7.7 IMPROPER USE OF OFFICE FOR PERSONAL GAIN ..................................... 35
7.8 SANCTIONS FOR VIOLATIONS .................................................................. 35
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7.9 NON-STATUTORY CONFLICTS OF INTEREST .............................................. 36
§8. CODE OF ETHICS ......................................................................................... 37
PREAMBLE: ....................................................................................................... 37
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. ............................................ 37
8.2 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. ....................................................................... 37
8.3 BE DEDICATED TO THE HIGHEST IDEALS OF HONOR, ETHICS, AND
INTEGRITY. ........................................................................................................ 37
A. Public Confidence. ............................................................................... 37
B. Impression of lnfluence. ........................................................................ 38
C. Advocacy. ............................................................................................. 38
8.4 SEEK NO FAVOR; BELIEVE THAT PERSONAL BENEFIT OR PROFIT SECURED
BY CONFIDENTIAL OR PRIVILEGED INFORMATION OR BY MISUSE OF PUBLIC TIME
IS DISHONEST. .................................................................................................. 38
A. Private Employment. ............................................................................. 38
B. Confidential Information. ...................................................................... 38
C. Gifts. .................................................................................................... 38
D. Investment in conflict with official duties. .............................................. 39
E. Personal relationships. ............................................................................. 39
§9. BOARDS, COMMISSIONS, AND COMMITTEES ................................................ 40
9.1 REGULARLY SCHEDULED OR UNSCHEDULED BOARDS, COMMISSIONS AND
COMMITTEES ..................................................................................................... 40
A. Classification. ...................................................................................... 40
B. Regularly Scheduled. ............................................................................ 40
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C. Unscheduled. ....................................................................................... 40
D. Sunset. ................................................................................................. 41
9.2 SELECTION OF BOARD, COMMISSION, OR COMMITTEE MEMBERS ............ 41
A. Call for Applications. ............................................................................. 41
B. Advertising/Timing and Location. ........................................................... 41
C. Advertisement Contents. ....................................................................... 42
D. Staff Review. ......................................................................................... 42
E. Council Materials. .................................................................................... 42
F Subcommittee Review/Interview. .............................................................. 42
G. Subcommittee Recommendation. ......................................................... 43
H. Council Consideration. ......................................................................... 43
I. Notification of Council Meeting. ................................................................ 43
J. Notification of Council Action. .................................................................. 43
K. Appointee Orientation. .......................................................................... 43
9.3 RECOMMENDATIONS FOR APPOINTMENTS TO BOARDS, COMMISSIONS
AND COMMITTEES ............................................................................................. 44
A. Appointments Subcommittee. ............................................................... 44
B. Subcommittee Purpose. ........................................................................ 44
C. Appointment Timing. ............................................................................. 44
9.4 QUALIFICATIONS FOR APPOINTMENTS; EMPLOYEES OR APPOINTED
OFFICERS AS MEMBERS .................................................................................... 44
A. Minimum Qualifications. ....................................................................... 44
B. Prohibited Appointees. .......................................................................... 45
C. Ex-Officio Members............................................................................... 45
9.5 TERMS, VACANCIES, REMOVAL ................................................................ 45
A. Terms. .................................................................................................. 45
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B. Staggered Terms for Smaller Boards. ..................................................... 45
C. Staggered Terms for Larger Boards. ........................................................ 46
D. Simultaneous Service Limitation. ........................................................... 46
E. Vacancies. ............................................................................................... 46
F. Removal. ................................................................................................. 46
G. Filling Vacancy. ..................................................................................... 46
H. Re-appointment. ................................................................................... 47
9.6 APPLICABILITY OF THE ARIZONA OPEN MEETING LAW .............................. 47
9.7 RESIDENCY REQUIREMENT ...................................................................... 47
Appendix A: Sample Request to Comment Card ..................................... Appendix A
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§1. 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, 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 or designee 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.
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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.
1.6 VICE MAYOR ROTATION
The eight-month rotation of the Vice Mayor is based in order of the highest number of
votes received at which the councilmember was elected as provided for on the final
election results received from Maricopa County Elections. If Councilmember(s) wins
at the Primary Election, the Councilmember(s) will placed ahead of those
Councilmember(s) who win at the General Election, utilizing the same process as
just stated.
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§ 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 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
generally made available electronically to the Council and to anyone on the Town's
website 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
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by notifying the Town Manager prior to the date of the meeting. The item will be
removed from the Consent Agenda and considered 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
The 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 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 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 December.
2.8 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.
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2.9 TOWN
The Town of Fountain Hills, an Arizona municipal corporation.
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§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 places 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 a holiday, but such a 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 certain time, place and date, 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. Reconvened
meetings shall not provide for a "Call to the Public".
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 a meeting to members of the Council and the public. The notice shall
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include the date, place, time and purpose of such a special meeting. Special
meetings shall not provide for a "Call to the Public".
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 a 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 by the Council than may be possible
at a regular meeting. No formal action of the Council may be taken at such a work
session, other than consensus or conveying directions to staff for further action.
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 as allowed by State Law
such as regarding personnel or for the purpose of obtaining legal counsel. Executive
Sessions are closed to the public and shall not provide for a “Call to the Public.”
3.6 EMERGENCY MEETINGS
As provided 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
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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 the exception of executive sessions, all regular, special and work session
meetings of the Council, Boards, Commissions, and Committees shall be open to
the public, including members of the media. Where practicable, all regular, special,
and work session meetings of the Council shall be live-streamed through the Town
website, the recording of which such shall be archived and available to the public.
Members of the media wishing to record meetings using professional audio or video
equipment must obtain written approval before the meeting from the Town Manager,
or designee, before setting up any professional equipment.
B. Public Comment.
Public comment is not taken at executive or 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 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; verbatim 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 minutes and kept on file in the Office of the Town
Clerk. Audio or video recordings of meetings will be retained for a period of time in
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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 to indicate
whether they support or oppose the proposed agenda action (i.e. "for or against") will
be 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. 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 Website
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.
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§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.
The Fountain Hills Town Code, Section 2-4-3, states 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.
4.2 AGENDA PREPARATION
A. Availability.
The Town Manager, or designee, shall prepare the agendas for all meetings of the
Council as set forth. Agendas of all meetings of the Council shall generally be
available to the public on the Thursday 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):
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1. All Departments: Preparation of the Staff Report with signatures of the
department director and staff (including all attachments) are provided to the
Town Clerk for submittal to the Town Manager not later than the Monday prior
to date of the meeting. The 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 within the next three meetings for consideration and possible
action.
3. Town Manager and Town Attorney: The Town Manager or Town Attorney
may place an item on the agenda by submitting appropriate documentation to
the Town Clerk.
4. Person or Group: A person or group may request an item be placed on
an agenda through the Mayor or a Councilmember.
C. Timelines for Submission of Items.
1. Agenda items shall be submitted to the Town Manager by 2:00 p.m., not
less than eight calendar days prior to regular, work sessions and special
meetings to ensure timely delivery to Councilmembers.
2. The Town Manager may approve exceptions to the schedule in order to
ensure that the distribution of all agenda packets to the Council is in
conformance with these Council Rules.
3. Any requests requiring audio/visual support must be submitted to the
Town Clerk for coordination with the information and technology division a
minimum of 24 hours prior to the meeting. 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 the Council executive session discussion (if
in compliance with the Town Code and applicable State Statutes) by the following
process:
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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.
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 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 24-hour
posting deadline will be announced by the Mayor at the beginning of the meeting. 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, on the Thursday 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 and made
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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 24 hours prior to the meeting. In exceptional
circumstances, an agenda may be amended up to, but not less than, 24 hours prior
to the 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
document/handout for consideration regarding an item on the next Council agenda.
The document/handout must be presented to the Town Clerk, or designee, no later
than 12:00 PM Noon the day before the council meeting. Handouts submitted after
the deadline will not be disseminated to the Council for consideration.
The Town Clerk will provide copies of the Mayor's/Councilmember's handout(s)
along with any online public comment cards 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 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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§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
A. Agenda
The agenda shall be prepared substantially in the following order, but may be
amended for brevity:
AGENDA
1. Call to Order & Pledge of Allegiance
2. Invocation
3. Roll Call
4. Statement of Participation
5. Summary of Current Events by Town Manager
6. Proclamations, Awards, and Recognitions
7. Presentations (if any)
8. Consent Agenda
9. Regular Agenda (action items grouped by subject to the extent possible)
10. Call to the Public
11. Council Discussion/Direction to the Town Manager
12. Future Agenda Items
13. 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 480-816-5100 (voice) or 1-800-367-8939 (TDD)
the Thursday prior to the meeting to request reasonable accommodation to
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participate in this meeting or to obtain agenda information in large print format.
Supporting documentation and staff reports furnished to the Council are available
for review in the Town Clerk's office on the day of the Council meeting, the Council
Chamber doors open at 5:15 PM for public seating.
B. Roll Call for Attendance.
Following the Invocation and before proceeding with the business of the Council, the
Presiding Officer shall direct the Town Clerk or 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 for attendance shall be: Mayor, Vice Mayor and then
Councilmembers from the Mayor's far right to the Mayor's far left.
C. Statement of Participation.
The Statement of Participation may be included on the Agenda and following roll call,
shall be read or displayed at each Regular Council meeting, and shall state as
follows:
Anyone wishing to address the Council regarding items listed on the agenda or
during Call to the Public must completely fill out a Request to Comment card
located in the back of the Council Chambers and hand it to the Town Clerk
prior to the start of the meeting. Once the meeting has started, late requests
to speak cannot be accepted. 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. Comments may not exceed three minutes. It is
the policy of the Mayor and Council not to 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
agenda. To avoid disruption of the meeting, to maintain decorum, and provide
for an equal and uninterrupted presentation, applause is not permitted, except
during Proclamations, Awards, and Recognitions. All meeting participants
must maintain proper decorum as specified in Section 6 of the Council Rules
of Procedure.
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D. Summary of Current Events by Town Manager
A three-minute summary of current events may be given by Town Manager on Town-
sponsored events and/or activities. (The Arizona Open Meeting Law does not allow
discussion or action on any matter mentioned during the Summary of Current
Events.)
E. Proclamations, Awards, and Recognitions.
The Mayor/Presiding Officer or his/her designee may read Proclamations, present
Awards, recognize members of the community, or conduct other ceremonial matters
as listed on the posted agenda.
F. 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.
G. Consent Agenda
1. The Consent Agenda includes items that are of such 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 as the first item on
the Regular Agenda, unless called out of sequence as provided under Section 1.4.
(Suspension of the Rules)
4. An explanatory statement shall be included on the Agenda immediately
preceding the Consent Agenda heading:
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
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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 as the first item on the
Regular Agenda. The remaining items on the Consent Agenda will be enacted
by one motion and vote of the Council.
H. Regular Agenda.
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.
2. The Mayor or the Town Clerk, or designee, will then call the Request to
Comment cards of those persons desiring to provide input and comments. At the
appointed time, speakers will be called in the order the cards were received
alternating between those “for” and “against” the agenda item.
3. Those speaking before Council will be allowed a maximum of three minutes to
address Council, but time limits may be extended or reduced, (a) upon advice of the
Town Attorney, (b) at the discretion of the Town Manager upon request by the speaker
not less than 24 hours prior to a meeting, (c) consensus of the Council at a meeting
or (d) the Presiding Officer 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.
4. Questions or comments from the public shall be limited to the subject under
consideration. The total time allocated for questions and comments from the public
per agenda item shall not exceed 30 minutes, unless that time is extended as
provided under Section 1.4 (Suspension of the Rules). If there are more than ten (10)
comment cards requesting to speak, the Presiding Officer may, at the beginning of
the agenda item, limit the number of speakers or limit the amount of time per
speaker.
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5. The Town Clerk shall use light and/or sound signals to indicate the
commencement of the time for speaking for each speaker and a warning light will
flash to show that the appropriate time has passed. A red light, or sound will signal
that there is no longer any remaining time. Furthermore, the Mayor, Town Clerk, or
other Town staff may mute the microphone when the speaker’s time expires.
6. The Town Clerk shall also notify the Presiding Officer when the total time
allocated for all speakers expires.
7. Speakers may also use the online Request to Comment form to provide input
regarding an item on the agenda. The online Request to Comment form is found on
the Town's website. The speaker must completely fill out the online form, listing a
specific agenda item and submit the form no later than 12:00 p.m. on the day before
the Council meeting that this item is on the agenda. The Town Clerk will provide
electronic copies of these online Request to Comment forms to Councilmembers.
Comments provided through the online form process will not be read out loud at the
meeting but will be grouped and tallied together by the agenda item number and by
categories "for and against". The Town Clerk, or designee, will announce the number
of cards received, if any, and number received per category.
8. 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, if any to speak
regarding the matter.
c. The Presiding Officer will request the Town Clerk, or designee, to call on
those who have submitted Request to Comment cards.
d. 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. Councilmembers may ask the applicant questions though the Presiding
Officer.
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f. 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.
g. Upon the conclusion of Council discussion, the Presiding Officer will
call for action on the item.
h. Exhibits, letters, petitions, and other documentary items presented or
shown to the Council during a public hearing agenda item become part of the
record of the public hearing and shall be maintained by the Town Clerk.
i. Should exhibits or materials be presented at the meeting, 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. The appropriate staff member
shall be responsible to notify applicants of this requirement.
9. 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.
I. Call to the Public.
1. At the time allotted for Call to the Public, the Town Clerk, or designee, will call
the Request to Comment cards of those persons desiring to provide input and
comments on issues not on the agenda.
2. The total time allocated for Call to the Public shall not exceed 30 minutes,
unless that time is extended as provided under Section 1.4 (Suspension of the Rules).
The Town Clerk, or designee, shall note at the time Call to the Public commences the
exact time the Call to the Public shall conclude.
3. Those speaking before Council on a non-agenda item will be allowed a
maximum of three minutes to address Council. 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.
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4. At the conclusion of each speaker's comments, the Presiding Officer may take
any or all of the following actions:
a. Thank the speaker for addressing the issue.
b. Ask staff to review the matter.
5. The Town Clerk shall use light and/or sound signals to indicate the
commencement of the time for speaking for each speaker and a warning light will
flash to show that the appropriate time has passed. A red light, or sound will signal
that there is no longer any remaining time. Furthermore, the Mayor, Town Clerk, or
other Town staff may mute the microphone when the speaker’s time expires.
6. The Town Clerk shall notify the Presiding Officer when the total time allocated
for Call to the Public has expired. Anyone speaking must immediately conclude their
remarks, and no further speakers will be allowed. Speakers who were unable to
speak due to time limitations may email comments to
mayorcouncil@fountainhillsaz.gov.
J. Council Discussion/Direction to the Town Manager.
Members of the Council may (1) request the Town Manager follow-up on matters
raised at that meeting; (2) request one two-minute response to directed criticism
raised any portion of the meeting; (3) a consensus of the Council may request the
Town Manager to research a matter and report back to the Council.
K. Future Agenda Items.
The Mayor or a Councilmember with the support of two additional
Councilmembers, may direct the Town Manager to place an item on the next
available agenda within the next three meetings for consideration and possible
action.
L. Adjournment.
The open, public meeting of the Council may be adjourned by consensus of the
Council.
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M. Request to Comment Cards
All persons wishing to speak before the Council on an agenda item or during the Call
to the Public shall fully complete a Request to Comment card and submit the card to
the Town Clerk, or designee, prior to the start of the meeting. See Appendix A: Sample
Request to Comment Card. Incomplete cards and late requests to speak cannot be
accepted.
Sufficient request cards 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
cards 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 cards were
received alternating between those “for” and “against” the agenda item. 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 Comment cards submitted
by those who indicate they will not speak will be grouped together by the categories
of "for" and "against" if the comment relates to an item on the agenda.
N. Maintaining Proper Decorum.
Proper decorum, in accordance with Section 6, must be observed by
Councilmembers, by speakers in providing testimony and remarks, and by the
audience. The Presiding Officer shall keep control of the meeting in accordance with
Subsection 6.4(C).
O. Regular Meeting Live Stream.
Except in the event of unavoidable technical difficulties, all regular meetings shall be
live streamed through the internet and available through the Town website. A monitor
streaming the live proceedings shall be displayed outside of the Council Chambers,
absent unavoidable technical difficulties.
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.
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B. Generally.
For all other special meetings, public comment is not provided for on the agenda and
may be made only as approved by consensus of the Council, unless an item on the
agenda requires a public hearing. 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 Special Meeting Agenda shall include only the following agenda items as
described in Section 5.2 and listed in this order:
SPECIAL MEETING AGENDA
1. Call to Order & Pledge of Allegiance
2. Roll Call
3. Consent Agenda
4. Regular Agenda (action items grouped by subject to the extent possible)
5. 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 include only the following agenda items as described
in Section 5.2 and listed in this order:
WORK SESSION AGENDA
1. Call to Order
2. Roll Call
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3. Agenda Items for Discussion (Items Numbered for Order)
4. Adjournment
The Work Session Agenda shall include the following 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 if invited by the Mayor or the Town Manager to do so. The
Presiding Officer may limit or end the time for such presentations.
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§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 Councilmember to
verbally restate, each question (motion) immediately prior to calling for discussion
and the vote. Following the vote, the Presiding Officer shall ask the Town Clerk or
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. Application.
1. Councilmembers: Any Councilmember desiring to speak shall address the
Presiding Officer and, upon recognition by the Presiding Officer, may speak.
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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, and may only speak when
recognized by the Presiding Officer.
B. Rules of Decorum
1. All Councilmembers shall preserve order and decorum and shall not delay or
interrupt Council proceedings or refuse to follow the direction of the Presiding Officer
or the Rules of Procedure.
2. All Councilmembers shall use the queueing equipment to indicate their desire
to speak.
3. The Presiding Officer shall not unreasonably withhold recognition from a
Councilmember requesting to speak. However, the Presiding Officer may call for a
vote as to whether to continue a repetitive discussion or motion.
4. A Councilmember, once recognized, shall limit remarks to no more than two
minutes and shall not be interrupted while speaking, unless called to order by the
Presiding Officer or a Point of Order or Point of Privilege is raised by another
Councilmember.
5. Councilmembers shall not be recognized by the Presiding Officer to speak
multiple times on an issue under debate until every Councilmember has been given
an opportunity to speak once.
6. If a Councilmember is called to order while speaking, he or she shall cease
speaking immediately until the question of order is determined. If ruled to be out of
order, he or she shall remain silent or shall alter remarks so as to comply with the
Rules of the Council.
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7. Remarks and questions by Councilmembers shall be confined to the issue
under debate. The Council shall not discuss or debate issues that are not on the
formal agenda.
8. Councilmembers shall refrain from making statements adverse to the
interests of the Town. If a legal question must be resolved before action can be taken,
a Councilmember may raise a Point of Privilege to move to go into Executive Session.
9. 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.
10. Speakers shall not 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.
11. The Presiding Officer shall not permit any conduct or statements that disrupt
or interfere with the orderly conduct of the business of the meeting, such as:
a. Personal attacks.
b. Indecorous language or behavior.
c. Defamatory statements.
d. Imputing motives.
e. Unauthorized demonstrations or disruptive outbursts, such as
applause, stamping of feet, whistles, boos, yells, or any sound or action that
disrupts the meeting.
f. Threatening or intimidating comments or conduct, whether overt or
inferred.
g. Yelling, shouting, or screaming.
h. Abusive or profane remarks.
i. Incitement of violent or illegal acts.
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j. Fighting words, i.e. speech that is likely to provoke an immediate violent
reaction.
12. The Presiding Officer must also respect the civil rights of citizens. This means
that while the Presiding Officer shall maintain decorum, the Presiding Officer may not
restrict speakers from engaging in good faith criticisms of the Town or the actions of
the Council. The Presiding Officer also may not engage in viewpoint discrimination.
13. Face coverings that conceal the identity of the wearer are not permitted at
meetings, except for (a) properly fitted medical-grade masks or respirators for a bona
fide medical condition worn at all times by the wearer, except when recognized to
speak before the Council, or (b) religious face coverings that are a part of the wearer’s
core tenant of faith and part of the wearer’s consistent public appearance.
C. Enforcement of Decorum.
Proper decorum is to be maintained during all meetings by the Council, staff and
guests. The Presiding Officer shall preserve decorum and decide all questions of
order, subject to the appeal to the Council.
If proper decorum is not maintained, the Presiding Officer shall have the authority to:
a. Recess the meeting for a brief time to abate the disruption.
b. Direct a law enforcement offer present at the meeting to remove from
the meeting the person(s) whose conduct is disorderly or disruptive.
c. Clear the Council Chambers and restrict access to the Council,
employees, applicants, and presenters. Members of the public who have
completed Request to Comment cards may be granted access at the time
allocated for them to speak.
The Presiding Officer shall also ensure speakers maintain decorum and, when
necessary, 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, and/or (2)
direct a law enforcement officer present at the meeting to remove from the meeting
the person whose conduct is disorderly or disruptive.
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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 designee, notice of his/her inability to be present at
the meeting at least 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."
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
the Thursday prior to a meeting to request an accommodation to participate
in the meeting.
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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” or under an action item, shall be subject to the
following limitations:
1. All speakers wishing to address the Council shall complete and submit
a Request to Comment form as set forth in Subsection 5.2(M).
2. The Presiding Officer shall limit the “Call to the Public” and public
comment on each agenda item to no more than thirty (30) minutes 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.
4. The Presiding Officer may further limit the number of speakers or
duration of the comment period as reasonably necessary to allow the meeting
to end in a timely manner.
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. Point of Order or Privilege
e. Table
f. Limit or terminate discussion
g. Postpone or continue
h. Amend
i. Postpone Indefinitely
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j. Main Motion
3. Motions Defined:
Point of Order: A point of order may raised by a Member when there is a
disturbance, lack of decorum, or to raise a question of whether there has been
a breach of the Rules of Procedure. A point of order can interrupt any speaker,
does not require a second, is not debatable, is not amendable, and cannot be
reconsidered. Once raised, the Presiding Officer shall determine the Point of
Order and may consult with the Parliamentarian in so doing. Once
determined, the Presiding Office’s decision may be challenged by an appeal
from any Member. 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 Point of Order. If the Presiding
Officer fails to act on a Point of Order, any Member may move to require the
Presiding Officer to enforce decorum. An affirmative vote of the majority shall
require the Presiding Officer to act.
Point of Privilege: A point of privilege allows a member to interrupt
proceedings to address urgent matters affecting their ability to participate,
their reputation, or the assembly's comfort, safety, or rights. A Point of
Personal Privilege addresses an individual member's concerns, such as a
misquoted statement, inability to hear, or an unfair attack on their character,
allowing them to clarify or correct the record. Point of General Privilege
address concerns the comfort, safety, or rights of the entire assembly, like a
broken microphone, extreme heat, or a need to call for a closed executive
session.
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
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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.
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.
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.
Motion to Amend: A motion to amend shall be debatable only as to the
amendment.
a. 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).
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.
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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 the 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 prior to the end of the meeting at which
the conflict was declared.
d. If the roll call method of voting is used, the Town Clerk or designee shall
call the names of members in random order 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
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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, prior to meeting the
Councilmember perceives 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 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.
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§7. CONFLICT OF INTEREST
7.1 INTRODUCTION
Occasionally, a Councilmember may find himself/herself in a situation that requires
a Councilmember to 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.
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, or designee. 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
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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 Chambers, 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.
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 participating in a decision
even though the circumstances may not amount to a conflict of interest under the
State Law. 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)
encourages participation in the decision-making process unless the matter involves
a statutory conflict of interest set forth by State Law.
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§8. CODE OF ETHICS
PREAMBLE:
The residents 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 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, Town Council, Board, Commission and Committee
Members, 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 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.
8.3 BE DEDICATED TO THE HIGHEST IDEALS OF HONOR, ETHICS,
AND INTEGRITY.
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
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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.
8.4 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
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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.
All members of the Council, Boards, Commissions, or Committees shall
acknowledge in writing, on a form provided by the Town Clerk, or designee, receipt of
these provisions relating to ethics.
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§9. BOARDS, COMMISSIONS, AND COMMITTEES
The Fountain Hills Council may create such Boards, Commissions, or 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, or Committees of the Town shall be classified as regularly
scheduled or unscheduled Boards, Commissions, or Committees. Regularly
scheduled Boards, Commissions, or Committees are those that meet on a regularly
scheduled basis or may be quasi-judicial in nature. Unscheduled Boards,
Commissions, or Committees meet on an as-called basis.
B. Regularly Scheduled.
Regularly scheduled Boards, Commissions, or Committees include:
1. Planning and Zoning Commission
2. Community Services Advisory Commission
3. Strategic Planning Advisory Commission
4. Municipal Property Corporation
5. Historic and Cultural Advisory Commission
C. Unscheduled.
Unscheduled Boards, Commissions, or Committees:
1. Ad Hoc Committees
2. Board of Adjustment
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D. Sunset.
Except for the Planning and Zoning Commission and Board of Adjustment, any
Boards, Commissions, or Committees 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, or Committees
may include a request for:
1. The application that describes the applicant's skills, experience, and
educational background are 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 as listed in Subsections 9.2 (A)(1 and 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 form as listed
in Subsection 9.2(A)(3). 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 the Town's three official posting sites as listed in Section 2-4-3
of the Fountain Hills Town Code. The application will be placed on the Town's website
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for public access with hard copies made available to the public through the Town's
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.
D. Staff Review.
Individuals applying for Boards, Commissions, or Committees must submit to the
Town Clerk or Staff Liaison those items as listed in Subsection 9.2(A) by the published
deadline. The Town Clerk or Staff Liaison will review the application(s) to ensure that
the applicant(s) meet the qualifications as listed in Subsection 9.4(A)
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 Staff Liaison shall prepare the Staff Report according to the submission deadline
and provide to the Town Clerk, or designee, 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 Affim1ation 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 Staff Liaison outlining the Council's appointments and they will be
provided with an application of interest for consideration of applying for any other
Board, Commission, or 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.
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9.3 RECOMMENDATIONS FOR APPOINTMENTS TO BOARDS,
COMMISSIONS AND COMMITTEES
A. Appointments Subcommittee.
The Mayor may annually appoint Council Subcommittees for Board, Commission, or
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, or Committees to fill vacancies based upon the applicants'
skills, experience, and background as required under Section 9.4.
B. Subcommittee Purpose.
The purpose of this Council Subcommittee is to review applications, interview
applicants (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.
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.
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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) 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.
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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.
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 Committee, 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 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, or
Committee, and the subcommittee had submitted a ranking of those previously
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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 Staff Liaison 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 Board, Commission, or Committee 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.
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APPENDIX A
Sample Request to Comment Card
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