HomeMy WebLinkAbout131107P
NOTICE OF THE
REGULAR SESSION OF
THE FOUNTAIN HILLS TOWN COUNCIL
TIME: 6:30 PM
WHEN: THURSDAY, NOVEMBER 7, 2013
WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the
Town’s various Commission, Committee or Board members may be in attendance at the Council meeting.
Notice is hereby given that pursuant to A.R.S. § 1-602.A.9, subject to certain specified statutory exceptions, parents have a
right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child.
Meetings of the Town Council are audio and/or video recorded and , as a result, proceedings in which children are present
may be subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town
Clerk to such recording, or take personal action to ensure that their child or children ar e 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.
PROCEDURE FOR ADDRESSING THE COUNCIL
Anyone wishing to speak before the Council must fill out a speaker’s card and submit it to the Town Clerk
prior to Council discussion of that Agenda item. Speaker Cards are located in the Council Chamber
Lobby and near the Clerk’s position on the dais.
Speakers will be called in the order in which the speaker cards were received either by the Clerk or the
Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to state their
name prior to commenting and to direct their comments to the Presiding Officer and not to individual
Councilmembers. Speakers’ statements should not be repetitive. If a speaker chooses not to speak when
called, the speaker will be deemed to have waived his or her opportunity to speak on the matter.
Speakers may not (i) reserve a portion of their time for a later time or (ii) transfer any portion of their
time to another speaker.
If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public
Hearing.
Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may be
waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to
a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or during a Meeting.
Please be respectful when making your comments. If you do not comply with these rules, you will be
asked to leave.
Mayor Linda M. Kavanagh
Councilmember Dennis Brown Vice Mayor Cassie Hansen
Councilmember Ginny Dickey Councilmember Henry Leger
Councilmember Tait D. Elkie Councilmember Cecil A. Yates
Date posted: 10/29/13 Time posted: 5:00 PM
Z:\Council Packets\2013\R131107\131107A.docx Last printed 10/31/2013 11:24 AM Page 2 of 3
AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh
INVOCATION – Mr. Fred Widom, Congregation Beth Hagivot
ROLL CALL – Mayor Linda M. Kavanagh
MAYOR’S REPORT
i.) The Mayor may review RECENT EVENTS attended relating to Economic
Development.
ii.) The Mayor will read a PROCLAMATION declaring November 2013 McDowell
Mountain month.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) PRESENTATION by DEPUTY TOWN MANAGER JULIE GHETTI regarding
the Town’s budget report for all funds for the first quarter ending September 30,
2013.
ii) RECOGNITION of the Town of Fountain Hills received, for the 12th consecutive
year, the DISTINGUISHED BUDGET PRESENTATION AWARD for Fiscal Year
2012/13 budget from the Government Finance Officers Association (GFOA).
Deputy Town Manager/Finance Director Julie Ghetti, MPA, CPA, received the
CERTIFICATE OF RECOGNITION for Budget Preparation from the GFOA as the
individual instrumental in their government unit achieving a Distinguished Budget
Presentation Award.
iii) RECOGNITION of the MAKE A DIFFERENCE DAY Committee Members and
vendors.
CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431-01(H), public comment is permitted (not required) on matters not listed
on the agenda. Any such comment (i) must be within the jurisdiction of the Council and (ii) is
subject to reasonable time, place, and manner restrictions. The Council will not discuss or take legal
action on matters raised during “Call to the Public” unless the matters are properly noticed for
discussion and legal action. At the conclusion of the call to the public, individual Councilmembers
may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a
future Council agenda.
Date posted: 10/29/13 Time posted: 5:00 PM
Z:\Council Packets\2013\R131107\131107A.docx Last printed 10/31/2013 11:24 AM Page 3 of 3
CONSENT AGENDA ITEMS
All items listed are considered to be routine, non-controversial matters and will be enacted by one motion and
one roll call vote of the Council. All motions and subsequent approvals of consent items will be include all
recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items
unless a Council Member or member of the public co requests. If a Council Member or member of the public
wishes to discuss an item on the consent agenda, they may request so prior to the motion to accept the
Consent Agenda. The items will be removed from the Consent Agenda and considered in its normal sequence
on the Agenda.
1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from
October 3 and 17, 2013.
2. CONSIDERATION of approving a PERMANENT EXTENSION OF PREMISE LIQUOR
LICENSE APPLICATION submitted by Christina Karp dba Jimmy’s, 16758 Glenbrook
Blvd, Fountain Hills AZ 85268.
3. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by
Randy D. Nations, Owner/Agent of Wicked 6 Bar & Grill LLC located at 13100 N.
Sunridge Drive, Fountain Hills, AZ. This is for a series 6 license (Bar).
REGULAR AGENDA ITEMS
4. DISCUSSION WITH POSSIBLE COUNCIL DIRECTION regarding TERMINATING
the Professional Services Agreement between the Fountain Hills Chamber of Commerce
and the Town of Fountain Hills.
5. CONSIDERATION of RESOLUTION 2013-26, approving the Town of Fountain Hills,
Arizona Town Council Rules of Procedure, amended and restated November 7, 2013.
6. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF to explore submitting
applications for one or more awards of recognition in the area of environmental excellence
and regional partnerships. [This was item was placed on the agenda at the request of
Councilmember Dickey through Mayor Kavanagh.]
7. COUNCIL DISCUSSION/DIRECTION to the Town Manager Ken Buchanan.
Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or
(ii) directing staff to conduct further research and report back to the Council:
A. NONE.
8. SUMMARY of Council requests and REPORT ON RECENT ACTIVITIES by the Town
Manager Ken Buchanan.
9. ADJOURNMENT.
DATED this 31st day of October, 2013.
_____________________________________
Bevelyn J. Bender, Town Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480 -816-5100
(voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting
or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this
agenda are available for review in the Clerk’s office.
NOTICE OF THE
REGULAR SESSION OF
THE FOUNTAIN HILLS TOWN COUNCIL
TIME: 6:30 PM
WHEN: THURSDAY, NOVEMBER 7, 2013
WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the
Town’s various Commission, Committee or Board members may be in attendance at the Council meeting.
Notice is hereby given that pursuant to A.R.S. § 1-602.A.9, subject to certain specified statutory exceptions, parents have a
right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child.
Meetings of the Town Council are audio and/or video recorded and, as a result, proceedings in which children are present
may be subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town
Clerk to such recording, or take personal action to ensure that their child or children are not present when a recording may be
made. If a child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to
A.R.S. § 1-602.A.9 have been waived.
PROCEDURE FOR ADDRESSING THE COUNCIL
Anyone wishing to speak before the Council must fill out a speaker’s card and submit it to the Town Clerk
prior to Council discussion of that Agenda item. Speaker Cards are located in the Council Chamber
Lobby and near the Clerk’s position on the dais.
Speakers will be called in the order in which the speaker cards were received either by the Clerk or the
Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to state their
name prior to commenting and to direct their comments to the Presiding Officer and not to individual
Councilmembers. Speakers’ statements should not be repetitive. If a speaker chooses not to speak when
called, the speaker will be deemed to have waived his or her opportunity to speak on the matter.
Speakers may not (i) reserve a portion of their time for a later time or (ii) transfer any portion of their
time to another speaker.
If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public
Hearing.
Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may be
waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to
a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or during a Meeting.
Please be respectful when making your comments. If you do not comply with these rules, you will be
asked to leave.
Mayor Linda M. Kavanagh
Councilmember Dennis Brown Vice Mayor Cassie Hansen
Councilmember Ginny Dickey Councilmember Henry Leger
Councilmember Tait D. Elkie Councilmember Cecil A. Yates
Date posted: 10/29/13 Time posted: 5:00 PM
Z:\Council Packets\2013\R131107\131107A.docx Last printed 10/31/2013 11:24 AM Page 2 of 3
AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh
INVOCATION – Mr. Fred Widom, Congregation Beth Hagivot
ROLL CALL – Mayor Linda M. Kavanagh
MAYOR’S REPORT
i.) The Mayor may review RECENT EVENTS attended relating to Economic
Development.
ii.) The Mayor will read a PROCLAMATION declaring November 2013 McDowell
Mountain month.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) PRESENTATION by DEPUTY TOWN MANAGER JULIE GHETTI regarding
the Town’s budget report for all funds for the first quarter ending September 30,
2013.
ii) RECOGNITION of the Town of Fountain Hills received, for the 12th consecutive
year, the DISTINGUISHED BUDGET PRESENTATION AWARD for Fiscal Year
2012/13 budget from the Government Finance Officers Association (GFOA).
Deputy Town Manager/Finance Director Julie Ghetti, MPA, CPA, received the
CERTIFICATE OF RECOGNITION for Budget Preparation from the GFOA as the
individual instrumental in their government unit achieving a Distinguished Budget
Presentation Award.
iii) RECOGNITION of the MAKE A DIFFERENCE DAY Committee Members and
vendors.
CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431-01(H), public comment is permitted (not required) on matters not listed
on the agenda. Any such comment (i) must be within the jurisdiction of the Council and (ii) is
subject to reasonable time, place, and manner restrictions. The Council will not discuss or take legal
action on matters raised during “Call to the Public” unless the matters are properly noticed for
discussion and legal action. At the conclusion of the call to the public, individual Councilmembers
may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a
future Council agenda.
Date posted: 10/29/13 Time posted: 5:00 PM
Z:\Council Packets\2013\R131107\131107A.docx Last printed 10/31/2013 11:24 AM Page 3 of 3
CONSENT AGENDA ITEMS
All items listed are considered to be routine, non-controversial matters and will be enacted by one motion and
one roll call vote of the Council. All motions and subsequent approvals of consent items will be include all
recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items
unless a Council Member or member of the public co requests. If a Council Member or member of the public
wishes to discuss an item on the consent agenda, they may request so prior to the motion to accept the
Consent Agenda. The items will be removed from the Consent Agenda and considered in its normal sequence
on the Agenda.
1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from
October 3 and 17, 2013.
2. CONSIDERATION of approving a PERMANENT EXTENSION OF PREMISE LIQUOR
LICENSE APPLICATION submitted by Christina Karp dba Jimmy’s, 16758 Glenbrook
Blvd, Fountain Hills AZ 85268.
3. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by
Randy D. Nations, Owner/Agent of Wicked 6 Bar & Grill LLC located at 13100 N.
Sunridge Drive, Fountain Hills, AZ. This is for a series 6 license (Bar).
REGULAR AGENDA ITEMS
4. DISCUSSION WITH POSSIBLE COUNCIL DIRECTION regarding TERMINATING
the Professional Services Agreement between the Fountain Hills Chamber of Commerce
and the Town of Fountain Hills.
5. CONSIDERATION of RESOLUTION 2013-26, approving the Town of Fountain Hills,
Arizona Town Council Rules of Procedure, amended and restated November 7, 2013.
6. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF to explore submitting
applications for one or more awards of recognition in the area of environmental excellence
and regional partnerships. [This was item was placed on the agenda at the request of
Councilmember Dickey through Mayor Kavanagh.]
7. COUNCIL DISCUSSION/DIRECTION to the Town Manager Ken Buchanan.
Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or
(ii) directing staff to conduct further research and report back to the Council:
A. NONE.
8. SUMMARY of Council requests and REPORT ON RECENT ACTIVITIES by the Town
Manager Ken Buchanan.
9. ADJOURNMENT.
DATED this 31st day of October, 2013.
_____________________________________
Bevelyn J. Bender, Town Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5100
(voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting
or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this
agenda are available for review in the Clerk’s office.
QUARTERLY FINANCIAL REPORT
Quarter Ending September 2013
November, 2013
November 7, 2013
The General Fund
is the Town’s main
operating fund
and is used to
fund general
government
operations
including police
and fire, parks,
Community
Center; other
funds are
restricted for
specific purpose
November 7, 2013
GENERAL FUND
November 7, 2013
GENERAL FUND REVENUES BY SOURCE
Through June 30, 2013
Fountain Hills
local sales tax
and State
shared
revenues
account for
95% of General
Fund operating
funds
November 7, 2013
GENERAL FUND REVENUE
Local sales
tax
revenues
are at 87%
of budget;
State
Shared
revenues
are at 99%
of budget –
court and
permit
revenues
are under
projections
November 7, 2013
STATE SHARED REVENUES
SSR represents
33% of General
Fund revenue
and is
distributed to
cities/ towns
based on
population
Income tax is
based on two
years prior; VLT
is now in HURF
for pavement
management
November 7, 2013
November 7, 2013
$1,686,922 = 95% OF BUDGET
Local Sales
tax
represents
49% of
General Fund
revenue –
Increase of
3.7% over
prior year
Local Sales Tax
Local Sales Tax
November 7, 2013
$754,734 = Increase of 3.4% over prior year
Local Sales Tax
November 7, 2013
$124,618 = Increase of 5.8% over prior year
Local Sales Tax
November 7, 2013
$423,573 = Increase of 0.6% over prior year
Local Sales Tax
October 23, 2013
50% of this revenue funds capital projects
$200,014 = Increase of 50% over prior year
October 23, 2013
DEPARTMENT 1QTR FY14
EXPENDITURES
Administration $535,100
Law Enforcement $769,427
Fire & Emergency
Medical
$804,117
Development
Services
$354,633
Community Services $499,121
Municipal Court $101,613
Mayor & Council $21,517
OTHER FUNDS
November 7, 2013
HIGHWAY USER REVENUE FUND
HURF
revenues are
derived from
gasoline
taxes and
distributed
based on
population;
VLT revenues
are now
included in
HURF for
pavement
maintenance
November 7, 2013
HURF Expenditures
November 7, 2013
Capital Projects and Special Revenue budgets include potential grant funds
November 7, 2013
November 7, 2013
SUMMARY
•Fund balances remain healthy for all funds
•General Fund revenues are slightly lower (2%) than last
fiscal year and 10% under budget
•General Fund expenditures were 6% under budget
•Pavement management remains a priority and will be
funded through HURF and Vehicle License Tax revenues
•Local economic indicators remain positive (retail and
restaurant activity)
November 7, 2013
FUND BALANCE
Fund balance includes
Rainy Day Fund and
General Fund reserves
that are not available for
appropriation; other
funds are restricted for
specific purpose.
Funds are invested only
in government securities
according to the Town’s
adopted investment
policy
November 7, 2013
General Fund $5,677,000
HURF $273,601
Special Revenue Funds $248,031
Downtown Strategy Fund $2,194,099
Downtown Economic Development $5,679
Public Art $1,448
Development Fees:
Law Enforcement $202,745
Fire & Emergency $45,320
Streets $207,146
Parks & Recreation $66,212
Open Space $1,649,523
Library/Museum $42,892
Debt Service $475,276
Capital Projects $9,032,140
Rainy Day Fund $1,345,200
Vehicle Replacement Fund $579,907
Total $22,046,219
Fiscal Quarter Fund Balances
30-Sep-13
Redacted
1056145.2
1
TOWN OF FOUNTAIN HILLS, ARIZONA
TOWN COUNCIL RULES OF PROCEDURE
AMENDED AND RESTATED JULY 2, 2009
TABLE OF CONTENTS
TOWN OF FOUNTAIN HILLS, ARIZONA ........................................................................... 1
SECTION 1. RULES OF PROCEDURE/AUTHORITY ...................................................... 3
1.1 PROCEDURES ............................................................................................ 3
1.2 PRESIDING OFFICER .............................................................................. 3
1.3 PARLIAMENTARIAN ............................................................................... 3
1.4 SUSPENSION OF THE RULES................................................................. 3
SECTION 2. DEFINITIONS .................................................................................................... 3
2.1 AGENDA ...................................................................................................... 3
2.2 AGENDA PACKET .................................................................................... 4
2.3 CONSENT AGENDA .................................................................................. 4
2.4 COUNCIL .................................................................................................... 4
2.5 COUNCIL RULES ...................................................................................... 4
2.6 MEETING .................................................................................................... 4
2.7 NEWSPAPER .............................................................................................. 4
2.8 NOTICE ....................................................................................................... 4
2.9 QUORUM ..................................................................................................... 5
2.10 TOWN ........................................................................................................... 5
SECTION 3. MEETINGS ......................................................................................................... 5
3.1 REGULAR MEETINGS ............................................................................. 5
3.2 ADJOURNED MEETINGS ........................................................................ 5
3.3 SPECIAL MEETINGS ................................................................................ 5
3.4 WORK SESSIONS ...................................................................................... 5
3.5 EXECUTIVE SESSIONS ............................................................................ 6
3.6 EMERGENCY MEETINGS ....................................................................... 6
3.7 MEETINGS TO BE PUBLIC ..................................................................... 6
3.8 MINUTES OF COUNCIL MEETINGS .................................................... 6
SECTION 4. NOTICE AND AGENDA .................................................................................. 7
4.1 POSTING NOTICES................................................................................... 7
4.2 AGENDA PREPARATION ........................................................................ 7
4.3 DISTRIBUTION OF NOTICES AND AGENDAS ................................... 9
SECTION 5. ORDER OF BUSINESS ................................................................................. 10
5.1 ORDER OF BUSINESS ............................................................................ 10
5.2 REGULAR MEETINGS ........................................................................... 10
1056145.2
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5.3 SPECIAL MEETINGS .............................................................................. 15
5.4 WORK SESSION MEETINGS ................................................................ 15
SECTION 6. PROCEDURES FOR CONDUCTING THE MEETING ........................... 16
6.1 CALL TO ORDER .................................................................................... 16
6.2 PARTICIPATION OF PRESIDING OFFICER ..................................... 16
6.3 QUESTION TO BE STATED ................................................................... 16
6.4 RULES/DECORUM/ORDER ...................................................................................... 16
6.5 TELECONFERENCE PROCEDURE ..................................................... 17
6.6 ADDRESSING THE COUNCIL ................................................................................. 18
SECTION 7. CONFLICT OF INTEREST ......................................................................... 21
7.1 INTRODUCTION ..................................................................................... 21
7.2 PURPOSE OF CONFLICT OF INTEREST LAWS .............................. 21
7.3 APPLICABILITY OF THE ARIZONA CONFLICT OF INTEREST LAW 21
7.4 DISCLOSURE OF INTEREST ................................................................ 21
7.5 WITHDRAWAL FROM PARTICIPATION ......................................... 22
7.6 RULE OF IMPOSSIBILITY .................................................................... 22
7.7 IMPROPER USE OF OFFICE FOR PERSONAL GAIN ..................... 22
7.8 SANCTIONS FOR VIOLATIONS .......................................................... 22
7.9 NON-STATUTORY CONFLICTS OF INTEREST .............................. 22
SECTION 8. CODE OF ETHICS ........................................................................................ 22
SECTION 9. BOARDS, COMMISSIONS, AND COMMITTEES ................................... 25
1056145.2
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SECTION 1. RULES OF PROCEDURE/AUTHORITY
1.1 PROCEDURES
The following are the basis for and are used in conjunction with these basic Rules of Procedure
for meetings of the Council:
A. State Law
B. Town Code, including these Council Rules
C. Parliamentary Procedure at a Glance, New Edition, by O. Garfield Jones
D. Roberts Rules of Order, 10th edition as amended
In case of inconsistency, conflict, or ambiguity among the documents listed above, such
documents shall govern in the order in which they are listed.
1.2 PRESIDING OFFICER
As provided by the Town Code, the Mayor, or in the Mayor’s absence, the Vice-Mayor, is the
Presiding Officer of all Meetings of the Council. In the absence or disability of both the Mayor
and the Vice-Mayor, the Meeting shall be called to order by the Town Clerk, whereupon, the
Town Clerk shall immediately call for the selection of a temporary Presiding Officer.
1.3 PARLIAMENTARIAN
The Town Attorney shall serve as Parliamentarian for all Meetings. The Town Clerk shall act as
Parliamentarian in the absence of the Town Attorney and the Town Manager shall act as
Parliamentarian in the absence of both the Town Attorney and Town Clerk.
1.4 SUSPENSION OF THE RULES
The Council, by a three-quarter vote of all members present, may suspend strict observance of
these Council Rules or other policies and procedures for the timely and orderly progression of
the Meeting; provided, however, that a simple majority of the Council may cause a change in the
order of items on the Agenda.
SECTION 2. DEFINITIONS
2.1 AGENDA
As set forth in the Order of Business, an Agenda is a formal listing of items to be considered by
the Council at a noticed meeting of the Council. The content of the Agenda may not be changed
less than 72 hours prior to the public meeting, except in exceptional circumstances, but in no
event shall the Agenda be altered less than 24 hours prior to the public meeting, unless otherwise
authorized by State law.
1056145.2
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2.2 AGENDA PACKET
A compilation of documents supporting the items listed on the Agenda and requiring Council
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 provided or made available to the Council or any citizen who
files a public records request.
2.3 CONSENT AGENDA
Items listed on the Agenda and marked with an asterisk (*) that are considered to be routine,
non-controversial matters and will be enacted by one motion and one roll call 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 Council Member or member of the public so requests. If a Council Member
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. The item will be removed from the Consent
Agenda and considered in its normal sequence on the Agenda.
2.4 COUNCIL
Collectively, the Mayor and Common Council of the Town of Fountain Hills.
2.5 COUNCIL RULES
These Town of Fountain Hills, Arizona, Town Council Rules of Procedure.
2.6 MEETING
The gathering, in person or by technological devices, of a quorum of the Council, at which the
Council 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 and, in the absence of the Presiding Officer, the Town Clerk will adjourn the Meeting.
2.7 NEWSPAPER
A daily or weekly paid publication of general circulation within the Town of Fountain Hills,
Arizona.
2.8 NOTICE
A formal announcement to the public that sets the date, time and the place at which a M eeting
will be held. Such notice of Meetings shall be in accordance with the State law, the Town Code
and these Council Rules.
1056145.2
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2.9 QUORUM
The minimum number of Members of the Council that must be present in order for business to
be legally transacted. With a seven-member body, a quorum is four Members, unless otherwise
specifically authorized by State law.
2.10 TOWN
The Town of Fountain Hills, an Arizona municipal corporation.
SECTION 3. MEETINGS
3.1 REGULAR MEETINGS
A. Regular Meeting Date; Time. The Council shall hold regular Meetings on the
first and third Thursday of each month at six thirty p.m. When deemed
appropriate, any regular Meeting date of the Council may be changed 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. All
regular Meetings shall be held at the Town Hall Council Chambers or at such
place as may be prescribed by the Mayor or the Town Manager. The Council
may provide for a “Call to the Public” at such regular Meetings.
B. Holidays. When the day for a regular Meeting of the Council falls on a legal
holiday, no Meeting shall be held on such holiday, but such Meeting shall be held
at the same time and the same location on the day designated by the Council that
is not a holiday.
3.2 ADJOURNED MEETINGS
Any Meeting may be adjourned to a time, place and date certain, but not beyond the next regular
Council Meeting. Once adjourned, the Meeting may not be reconvened except at the time, date
and place provided for in the motion to adjourn.
3.3 SPECIAL MEETINGS
The Mayor, or the Town Clerk, upon the written request of three Council Members, may
convene the Council at any time after giving at least 24 hours notice of such Meeting to members
of the Council and the general public. The notice shall include the date, place, hour and purpose
of such special Meeting. In the case of an actual emergency, a Meeting may be held upon such
notice as is appropriate to the circumstances.
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 Council Members) may
1056145.2
6
convene the Council in a Work Session at any time after giving at least 24 hours
notice of such Meeting to members of the Council and the general public. The
notice shall include the date, place, hour and purpose of such special Meeting.
B. Purpose. Work sessions are held for the purpose of presentations and discussions
on such issues that require more in-depth consideration of the Council than may
be possible at a regular Meeting. No formal action of the Council may be taken at
such Meetings, other than general consensus or conveying direction to staff for
further action. These Meetings shall not provide for a “Call to the Public.”
3.5 EXECUTIVE SESSIONS
Subject to applicable State law, the Council may hold such closed executive sessions as
necessary to conduct the business of the Town.
3.6 EMERGENCY MEETINGS
As provided for by State law, the Mayor and Council or the Town Manager may call a special
emergency Meeting to discuss or take action on an unforeseen issue where time is of the essence
and sufficient time does not provide for the posting of a Meeting notice 24 hours or more before
the Meeting. Notice of an emergency Meeting of the Council will be posted within 24 hours
following the holding of an emergency Meeting. The notice will include the emergency
Meeting’s Agenda and a brief but complete description of the nature of the emergency.
Emergency Meetings shall not provide for a “Call to the Public.”
3.7 MEETINGS TO BE PUBLIC
A. Open to Public. With exception of Council executive sessions, all regular, special
and work session Meetings of the Council shall be open to the public.
B. Public Comment. Public comment (Call to the public) is not taken at work
sessions, emergency Meetings or at special Meetings, unless the special Meeting
is held in place of a regular Meeting, or unless the special Meeting includes a
public hearing on the Agenda.
3.8 MINUTES OF COUNCIL MEETINGS
A. Staffing. The Town Clerk shall ensure staff attendance at all regular, special,
work session, emergency and executive session Meetings of the Council for the
purpose of taking notes and/or audio recordation of the Meeting.
B. Recordings; written minutes. To the extent possible, all open, public Meetings
shall be recorded by means of audio or video technology. In addition, written
minutes reflecting legislative intent shall be taken so that an accounting of the
issues discussed and actions taken is compiled and entered into the permanent
Minute Book of the Town and kept on file and of record in the Office of the Town
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Clerk. Audio or video recordings of Meetings will be retained for a period of
time in accordance with the current Town of Fountain Hills and/or State of
Arizona approved records retention and disposition schedules.
C. Availability. All Meeting minutes of the Council 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 must be on file in the office of the Town Clerk and available for public
review by 5:00 p.m. on the third working day following each Meeting, or as
provided by State law. Minutes of all regular, special and work -study Meetings
of the Council are made available through the Town’s Web Site.
D. Executive Sessions. Minutes of executive sessions (i) shall be confidential, (ii)
are maintained and secured by the Town Clerk and (iii) may be accessed only as
provided by State law.
E. Approval. Minutes of all regular Meetings of the Council may be approved under
the consent agenda, unless removed for discussion and separate action.
SECTION 4. NOTICE AND AGENDA
4.1 POSTING NOTICES
A. Time. The Town Clerk, or authorized designee, shall prepare all public Meeting
notices of the Town 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.
B. Locations. Meeting notices shall be posted at a minimum of three locations
within the Town, including the Community Center, Town Hall and the Town’s
website [www.fh.az.gov].
4.2 AGENDA PREPARATION
A. Availability. The Town Manager, or authorized designee, shall prepare the
Agendas for all Meetings of the Council as set forth below. Agendas of all
Meetings of the Council shall generally be available to the public no less than 72
hours prior to said Meetings, except in exceptional circumstances. In no event
shall the Agenda be made available less than 24 hours prior to said Meeting.
Agendas and Agenda packet materials are made available through the Town’s
web site.
B. Submittal Process. Items may be placed on the Agenda for discussion and
possible action by the following process:
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1. All Departments: Preparation of Agenda item cover/routing sheet with
signatures of the department director, the accounting supervisor (if
applicable), the Town Attorney (if applicable), and staff report (including
all attachments) for submittal to the Town Manager not later than two
business days prior to Agenda Packet preparation day (the Friday prior to
Meeting date). Town Manager approves/amends items and signs off,
finalizing the item for inclusion in the Agenda Packet.
2. Mayor and Town Council Members: The Mayor or three Council
Members may direct the Town Manager to place an item on an Agenda for
action. Any Council Member may direct the Town Manager to place an
item on a future Agenda during the “Council Discussion/Direction to
Town Manager” portion of a Meeting for discussion relating only to the
propriety of (i) placing such item on a future Agenda for action or (ii)
directing staff to conduct further research and report back to the Council.
3. Town Manager and Town Attorney: The Town Manager or Town
Attorney may place an item on the Agenda by including appropriate
documentation.
4. Citizen or Group: A citizen or group may apply to have an item placed on
the Agenda as follows:
a. Obtain a “Scheduled Public Appearance/Presentation” form from
the Town Clerk and, when completed, return it to the Town Clerk
for submission to the Town Manager.
b. The Town Manager or authorized designee shall research the issue
to determine if it may be handled administratively or will require
Council discussion. If it is determined that the matter should be
placed before the Council, the Town Manager shall ensure that
documentation, if any, is compiled and the material included in the
Agenda Packet. If the Town Manager determines that the subject
should not be placed on the Agenda, an individual wishing to have
an item on the Agenda as a “Scheduled Public Appearance” may
(i) ask that the request be forwarded to the Mayor for consideration
or (ii) obtain the written request of three members of the Council to
place the item on the Agenda, and submit that request to the Town
Manager.
C. Time Lines for Submission of Items.
1. Agenda items shall be submitted to the Town Manager by 5:00 P.M., not
less than eight calendar days prior to regular Meetings to ensure timely
delivery to Council Members.
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2. The Town Manager may approve exceptions to the schedule above in
order to ensure that the distribution of all Agenda Packets to the Council is
in conformance with these Council Rules.
3. Any requests requiring audio/visual support must be submitted to the
information and technology department a minimum of 48 hours prior to
the Meeting to ensure proper coordination and preparation. Department
directors are responsible for obtaining presentation materials from
applicants or presenters involved in their respective Agenda items.
D. Agenda Item Submittals for Town Council Executive Sessions. Items may be
placed on the Agenda for Council executive session discussion (if in compliance
with the Town Code and applicable State Statutes) by the following process:
1. Submission by a Council Member, the Town Manager or the Town
Attorney (with notice to all Council Members).
2. Submission by the Mayor (with notice to all Council Members).
3. The Town Manager and the Town Attorney shall review the submittal for
executive session discussion, prior to placement on the Agenda, to ensure
that the item is the proper subject of an executive session pursuant to State
law.
4. The Town Attorney shall advise the Town Clerk regarding the appropriate
Agenda language of executive session items.
E. Agenda Packets. Full Agenda Packets for all noticed Meetings (except executive
session documentation) of the Council shall be made available to Council
Members at Town Hall, generally six days before such Meetings; provided,
however, that Agenda Packets may be delivered or supplemented later under
special circumstances so long as no Agenda Packet material is delivered less than
72 hours prior to the Meeting, except in the case of exceptional circumstances or
an emergency Meeting.
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, not less than 72 hours prior to th e Meeting, unless exceptional
circumstances require a later delivery.
B. Distribution. The Town Clerk shall ensure that the Meeting notices, Agendas and
documentation, as deemed necessary, are distributed to the Town Manager, Town
Attorney and department directors. Courtesy copies will be available to the
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Library and others as directed by the Mayor through the Town Manager as soon
as such materials are made available to the Mayor and Council.
C. Amendments. A published Agenda may be amended up to 72 hours prior to such
meeting. In exceptional circumstances, such Agenda may be amended up to, but
not less than, 24 hours prior to the designated Meeting, unless otherwise
authorized by State Law. Amended Agendas shall indicate the date amended.
SECTION 5. ORDER OF BUSINESS
5.1 ORDER OF BUSINESS
The Order of Business of each Meeting shall be as contained in the Agenda. The Agenda shall
be a sequentially numbered listing by topic and a brief description of business items that shall be
taken up for consideration.
5.2 REGULAR MEETINGS
The Agenda shall be prepared in the following order:
AGENDA
Call To Order & Pledge Of Allegiance
Invocation/Moment of Reflection
Roll Call
Mayor’s Report (including proclamations)
Scheduled Public Appearances/Presentations (if any)
Call to the Public (Non-agenda items) (preceded by the following paragraph)
Pursuant to ARIZ. REV. STAT. § 38-431.01(G), public comment is permitted (not
required) on matters not listed on the agenda. Any such comment (i) must be
within the jurisdiction of the Council and (ii) is subject to reasonable time, place
and manner restrictions. The Council will not discuss or take legal action on
matters raised during “Call to the Public” unless the matters are properly noticed
for discussion and legal action. At the conclusion of the call to the public,
individual Council members may (i) respond to criticism, (ii) ask staff to review
the matter or (iii) ask that the matter be placed on a future Council agenda.
Consent Agenda (preceded by the following explanatory paragraph)
All items listed with an asterisk (*) are considered to be routine, non-controversial
matters and will be enacted by one motion and one roll call vote of the Council.
All motions and subsequent approvals of consent items will include all
recommended staff stipulations unless otherwise stated. There will be no separate
discussion of these items unless a Council Member or member of the public so
requests. If a Council Member or member of the public wishes to discuss an item
on the consent agenda, they may request so prior to the motion to accept the
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Consent Agenda. The item will be removed from the Consent Agenda and
considered in its normal sequence on the Agenda.
Action Items (grouped by subject to the extent possible)
Council Assessment and Review (If requested by a Council Member)
Council Discussion/Direction to Town Manager (Items for future Agendas)
Summary of Council Requests by Town Manager
Adjournment
All Agendas shall have the following statement placed at the bottom:
The Town of Fountain Hills endeavors to make all public Meetings accessible to persons
with disabilities. Please call 837-2003 (voice) or 1-800-367-8939 (TDD) 48 hours prior
to the Meeting to request a reasonable accommodation to participate in this Meeting or
to obtain Agenda information in large print format.
DATE POSTED: TIME POSTED:
A. Roll Call. Following the Call to Order and the Pledge of Allegiance, the Moment
of Reflection and before proceeding with the business of the Council, the
Presiding Officer shall direct the Town Clerk or authorized designee to call the
Roll, and the names of Council Members both present and absent shall be entered
into the minutes. The order of roll call shall be: Mayor, Vice Mayor and then
Council Members from the Mayor’s far right to the Mayor’s far left.
B. Mayor’s Report. The Mayor may use “Mayor’s Report” to announce appointment
to committees, read proclamations, or conduct other ceremonial matters as listed
on the posted Agenda.
C. Scheduled Public Appearances/Presentations. The process set forth below applies
members of the public or groups wishing to place an item on the Agenda under
“Scheduled Public Appearances/Presentations”. If the request is approved by the
Town Manager, the item will appear on the agenda.
D. Call to the Public.
1. All citizens and interested parties will be limited to a maximum of three
minutes to address the Council on a non-Agenda item. In order to comply
with State law, the Council may not discuss any issue raised at call to the
public and not listed on the Agenda, except to thank the speaker or direct
the Town Manager to follow up on the matter and/or schedule it for a
future public Meeting.
2. All citizens and interested parties wishing to speak before the Council shall
fully complete a speaker’s request form.
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3. At the conclusion of all citizens’ comments, the Presiding Officer may
take any or all of the following actions:
a. Thank speaker for addressing issue.
b. Ask staff to review matter.
c. Ask that a matter be put on a future Agenda.
d. Permit individual Council Members to respond to criticism raised
during the Call to the Public.
E. Consent Agenda.
1. The Consent Agenda includes items that are of such a nature that
discussion is not required, or issues that have been previously studied by
the Council. These items may be adopted by one motion and a roll call
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.
Council Members or the public may not ask a question without removal of
the item from the Consent Agenda.
3. Items removed from the Consent Agenda are considered in their normal
sequence as listed on the Agenda, unless called out of sequence as
provided under Section 1.4 above.
F. Action Items.
1. At the time each business item is presented to the Council, the Town staff
shall present a report on the subject and the applicant, if any, may also
speak. The Mayor or the Town Clerk will then call the speaker cards of
those citizens desiring input and comments. All citizens and interested
parties wishing to speak before the Council shall fully complete speaker’s
request forms and submit the forms to the Town Clerk, or designee, prior
to Council discussion of that Agenda item. Sufficient speaker request
forms shall be located in the Council Chamber’s Lobby (the public entry
area into the Chamber) and at the Town Clerk’s position on the dais. The
completed forms will be retained with the Agenda Packet material by the
Town Clerk. Speakers will be called in the order in which the speaker
cards were received. If a speaker chooses not to speak when called, such
speaker will be deemed to have waived his or her opportunity to speak on
that matter.
2. Those speaking before Council will be allowed three contiguous minutes
to address Council, but time limits may be waived by (i) discretion of the
Town Manager upon request by the speaker not less than 24 hours prior to
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a Meeting, (ii) consensus of the Council at a Meeting or (iii) the Mayor
either prior to or during a Meeting. Speakers may not (i) reserve a portion
of their time for a later time or (ii) transfer any portion of their time to
another speaker.
3. The purpose of all public comments is to provide information and the
speaker’s views for Council consideration. It is not appropriate for the
speakers to question directly, or debate the matter under consideration
with staff, other speakers, the audience or Members of the Council; all
remarks will be addressed to the Presiding Officer and not to individual
Council Members. All comments shall be addressed through the Presiding
Officer who shall decide if any response is warranted and who, if anyon e,
shall address the concern. Council Members 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 Council Member shall engage in
debate directly with such speakers, representatives or Town staff.
4. Proper decorum, in accordance with Section 6.4 below, must be observed
by Members of the Council, by speakers in providing testimony and
remarks and by the audience. In order to conduct an orderly business
Meeting, the Presiding Officer shall keep control of the Meeting and shall
require the speakers and audience to refrain from abusive or profane
remarks, disruptive outbursts, applause, protests or other conduct that
disrupts or interferes with the orderly conduct of the business of the
Meeting. Personal attacks on Council Members, Town staff or members
of the public are not allowed.
5. 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 and, if appropriate, ask the staff to provide a
report of the matter.
b. The Presiding Officer will then ask the applicant to speak
regarding the matter.
c. At the conclusion of the staff report and/or presentation by the
applicant, the Presiding Officer will open the public hearing for
comments from the public.
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.
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e. The Presiding Officer may then call for a motion and second, if
applicable, and ask if Council wishes to discuss the issue. Council
may then proceed to discuss the matter.
f. Upon the conclusion of Council comment, the Presiding Officer
will call for action on the motion.
g. Exhibits, letters, petitions, and other documentary items presented
or shown to the Council on a public hearing item become part of
the record of the public hearing and shall be maintained by the
Town Clerk.
h. Ten collated sets of written or graphic materials should be
provided by the speaker 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
½” X 11”) of large graphic exhibits should be provided as part of
the sets of materials for distribution as provided above. The
appropriate staff member shall be responsible to notify applicants
of this requirement.
6. Questions or comments from the public shall be limited to the subject
under consideration. Depending upon the extent of the Agenda and the
number of persons desiring to speak on an issue, the Presiding Officer
may, at the beginning of the Agenda item, limit repetitive testimony, but
in no event to less than three minutes per topic. Upon approval of (i) the
Presiding Officer or (ii) a majority of the Council, persons may be allowed
to speak longer than three minutes. Council may ask the individual
speaker questions through the Presiding Officer.
7. Quasi-judicial hearings shall be conducted in accordance with the
principles of due process, and the Town Attorney shall advise the Council
in this regard.
G. Council Assessment and Review. If requested by the Mayor or a member of the
Council prior to distribution of agenda to the members of the Council, this section
may be included on the agenda at the conclusion of the Action Items on the
Agenda to allow Council Members the opportunity to offer comments as to
procedural strengths and weaknesses of the process of Council Meetings. Council
Members may offer suggestions to improve the Meeting process in the future.
H. Council Direction to Town Manager. At the conclusion of the Council
Assessment and Review, if any, the Council may give direction to the Town
Manager to follow-up on matters presented at that Meeting or to bring an item
before the Council on a future Agenda.
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I. Summary of Council Requests by Town Manager. At the conclusion of the
Council Direction to Town Manager, the Town Manager shall review with the
Council all matters raised at that Meeting requiring follow-up from the Town
Manager or Town staff. The Town Manager may also suggest timelines for such
follow-up.
J. Adjournment. The open, public Meetings of the Council may be adjourned by
consensus of the Council.
5.3 SPECIAL MEETINGS
A. As Substitute for Regular Meeting. If a special Meeting is being held in place of
a regular Meeting, the Agenda shall be as set forth for a regular Meeting.
B. Generally. For all other special Meetings, the Agenda shall be prepared in the
following order:
AGENDA
Call To Order
Roll Call
Consent Agenda (if needed – explanatory paragraph same as regular Meeting)
Action Items (grouped by subject to the extent possible)
Adjournment
5.4 WORK SESSION MEETINGS
The primary purpose of work session Meetings is to provide the Council with the opportunity for
in depth discussion and study of specific subjects. Public comment is not provided for on the
Agenda and may be made only as approved by consensus of the Council. In appropriate
circumstances, a brief presentation may be permitted by a member of the public or another
interested party on an Agenda item if invited by the Mayor and Council to do so. The Presiding
Officer may limit or end the time for such presentations.
The work session Agenda shall be prepared in the following order:
Call To Order
Roll Call
Work Session Statement (explanatory statement)
All Items Listed Are For Discussion Only. No Action Can Or Will Be Taken.
The primary purpose of work session Meetings is to provide the Town 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
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Agenda item if invited by the Mayor or the Town Manager to do so. The
Presiding Officer may limit or end the time for such presentations.
Agenda Items For Discussion (Items Numbered For Order)
Adjournment
SECTION 6. PROCEDURES FOR CONDUCTING THE MEETING
6.1 CALL TO ORDER
A Meeting of the Council shall be called to order by the Presiding Officer, (the Mayor or in
his/her absence, by the Vice-Mayor). In the absence of both the Mayor and Vice-Mayor, the
Meeting shall be called to order by the Town Clerk; whereupon, the Town Clerk 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 Council Members, and he/she shall not be deprived of any of the rights and
privileges of a Council Member by reason of his/her acting as Presiding Officer. However, the
Presiding Officer is primarily responsible for the conduct of the Meeting.
6.3 QUESTION TO BE STATED
The Presiding Officer shall verbally restate, or shall ask the Town Clerk to verbally restate, each
question immediately prior to calling for discussion and the vote. Following the vote, the
Presiding Officer shall ask the Town Clerk or designee to verbally announce the results of
voting, including the ayes, nays and abstentions. The Presiding Officer shall publicly state the
effect of the vote for the benefit of the audience before proceeding to the next item of business.
Formal votes shall not be taken at work sessions or executive sessions.
6.4 RULES/DECORUM/ORDER
A. Points of Order. The Presiding Officer shall determine all points of order after
consultation with the Parliamentarian, subject to the right of any member to
appeal such determination to the whole Council. If any appeal is taken, the
question (motion) shall be: “Shall the decision of the Presiding Officer be
sustained?” In which event, following a second, a majority vote shall govern, and
conclusively determine such question of order.
B. Order and Decorum.
1. Council Members: Any Council Member 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
members of the Council. The Town Manager shall ensure that all Town
employees observe such decorum and will direct the participation of any
staff member in the discussion of the Council. The Town Manager shall
first be recognized by the Presiding Officer prior to addressing the
Council. Any staff member desiring to speak shall first be recognized by
the Town Manager.
3. Public: Members of the public attending the Meetings shall observe the
same rules of order and decorum applicable to the Council. Unauthorized
remarks or demonstrations from the audience, such as applause, stamping
of feet, whistles, boos or yells shall not be permitted by the Presiding
Officer, who may direct a law enforcement officer to remove such
offender/s from the room.
C. Enforcement of Decorum. Proper decorum is to be maintained during all
Meetings by the Council, staff and guests. It is the responsibility of the Presiding
Officer of the Meeting to ensure compliance with this Policy. The Presiding
Officer shall request that a speaker refrain from improper conduct; if the speaker
refuses, the Presiding Officer may end the speaker’s time at the podium. If the
speaker refuses to yield the podium after being asked to do so by the Presiding
Officer, the Presiding Officer may (i) recess the Meeting for a brief time (ii) end
the speaker’s time at the podium or (iii) direct a law enforcement officer present
at the Meeting to remove from the Meeting the person whose conduct is
disorderly or disruptive.
6.5 TELECONFERENCE PROCEDURE
Meetings may be conducted by teleconference as follows:
A. Prior Notice. When a member of the Council is unable to attend a Meeting and
desires to participate in the Meeting by telephone, the member shall be permitted
to do so provided the member gives the Town Clerk, or designee, notice of his or
her inability to be present at the Meeting at least 48 hours prior to the Meeting.
B. Notation on Agenda. The notice of the Meeting and the Agenda shall include the
following: “Council Members 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. The Minutes
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shall also describe the procedures followed to provide the public access to all
communications during the Meeting.
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, he/she shall clearly state
his/her name and address for the record.
2. Special assistance for sight and/or hearing-impaired persons can be
provided. Anyone requiring such assistance should contact the Town
Clerk 48 hours before a Meeting to request an accommodation to
participate in the Meeting.
B. Limitation Regarding Public Comment and Reports. The making of oral
communications to the Council by any member of the public during the “Call to
the Public: (Non-Agenda Items)” or under an action item, shall be subject to the
following limitations:
1. All citizens wishing to address the Council shall complete and submit a
speaker’s request form as set forth in Section 5.2.F above.
2. The Presiding Officer may limit the number of speakers heard on non -
Agenda topics at any single Meeting to allow the Meeting to proceed and
end in a timely manner.
3. If it appears that several speakers desire to provide repetitive comments
regarding a single topic, the Presiding Officer may limit the number of
speakers.
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
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d. Raise a question of Privilege
e. Table
f. Limit or extend limits of debate
g. Postpone to a certain time and date
h. Amend
i. Postpone Indefinitely
j. Main Motion
3. Motion to Postpone Indefinitely: A motion to postpone indefinitely is
used to dismiss an item on the Agenda. This motion is debatable, and
because it can be applied only to the main question, it can, therefore, only
be made while the main question is immediately pending (a motion and
second is on the floor). This motion is commonly used to postpone an
item until a more appropriate time.
4. Motion to Table: A motion to table enables the assembly to lay the
pending question aside temporarily when something else of immediate
urgency has arisen, in such a way that there is no set time for taking the
matter up again. A motion to table shall be used to temporarily by-pass
the subject. A motion to table shall not be debatable and shall preclude all
amendments or debate of the subject under consideration. If the motion
shall prevail, the matter may be “taken from the table” at any time prior to
the end of the next regular Meeting.
5. Motion to Limit or Terminate Discussion: Such a motion shall be used to
limit or close debate on, or further amendment to, the main motion. This
is referred to as “Call for the Question” and is the motion used to cut off
debate and to bring the group to an immediate vote on the pending motion;
it requires a two-thirds vote. The vote shall be taken by voice. If the
motion fails, debate shall be reopened; if the motion passes, a vote shall be
taken on the main motion.
6. Motion to Amend:
a. A motion to amend shall be debatable only as the amendment. A
motion to amend an amendment shall be in order, but a motion to
amend an amendment to the amendment 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, then the main motion as
amended.
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7. Motion to Continue: Motions to continue to a definite time shall be
amendable and debatable as to propriety of postponement and time set
only.
D. Addressing the Council after Motion is Made. After the motion has been made,
or after a public hearing has been closed, no member of the public shall address
the Council without first securing permission from the Presiding Officer.
E. Voting Procedure. After discussion has been concluded and the Mayor or 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 Council Member, the vote shall be taken by roll call.
b. The vote on each motion shall be entered into the record by names
of the Council Members 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 Council Member has declared a Conflict of Interest and is
absent during the roll call vote, the Town Clerk shall include
“Absent for the Vote due to declared Conflict of Interest” in the
Official Minutes as part of the results of the vote.
d. If the roll call method of voting is used, the Town Clerk or
designee shall call the names of all members in random order with
each new vote. Members shall respond “Aye” or “Nay.”
2. Failure to Vote:
a. All members of the Council in attendance of a duly called Meeting
that requires formal Council action are required to vote. A
member may abstain from voting only if he or she has a conflict of
interest under State law, in which case such member shall take no
part in the deliberations on the matter in question.
b. Should a Council Member fail to vote, his/her vote shall be
counted with the majority of votes cast; however, in the event of a
tie vote, his/her vote shall be counted as “Aye.”
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3. Reconsideration: Any member of the Council who voted with the
majority may move a reconsideration of any action at the same or next
regular Meeting. After a motion for reconsideration has once been acted
upon, no other motion for reconsideration thereof shall be made without
the unanimous consent of the Council.
4. The affirmative vote of a majority of a Quorum shall be required for
passage of any matter before the Council.
SECTION 7. CONFLICT OF INTEREST
7.1 INTRODUCTION
Occasionally, a Council Member may find himself/herself in a situation that requires a Council
Member remove himself/herself from participation in discussion and voting on a matter before
the Council. This situation exists when the Council Member 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 Council Members.
7.4 DISCLOSURE OF INTEREST
Any Council 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 Council Member who has a
conflict of interest in any decision must disclose that interest. The Council Member may either
file a signed, written disclosure statement fully disclosing the interest, or declare the existence of
the conflict and the reasons therefore at a Meeting and then ensure that a copy of the Minutes is
filed in the Clerk’s Office in the file containing conflict of interest disclosures. The Disclosure
of the conflict shall include a statement that the Council Member withdraws from further
participation regarding the matter. The Town Clerk shall maintain for public inspection all
documents necessary to memorialize all disclosures of a conflict of interest by a Council
Member.
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7.5 WITHDRAWAL FROM PARTICIPATION
Having disclosed the conflict of interest and withdrawn in the matter, the Council Member must
not communicate about the matter with anyone involved in the decision making process in any
manner. Further, the Council Member should not otherwise attempt to influence the decision
and should remove himself/herself from the Council Chamber, or other location where a meeting
is being held, while the matter is considered. Failure to disclose any conflict of interest is
addressed in Section 7.8 below.
7.6 RULE OF IMPOSSIBILITY
In the unlikely situation the majority of Council Members have a conflict of interest and the
Council is unable to act in its official capacity, Members may participate in the Council’s
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 (i) part of
the compensation they would normally be entitled to for performing their duties or (ii) 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.
7.9 NON-STATUTORY CONFLICTS OF INTEREST
Occasionally, a Council Member may feel that he/she should ethically refrain from participation
in a decision even though the circumstances may not amount to a conflict of interest under the
State law described above. It is the policy of the Council to encourage Council Members to
adhere to strongly held ethical values, which are exercised in good faith. However, subsection
6.6.E.2 above encourages participation in the decision making process unless the matter involves
a statutory conflict of interest set forth by State law. Therefore, failure to vote on a matter for
any reason other than a conflict of interest under State law shall be considered a vote cast with
the majority or, if no majority exists, it shall be considered an “aye” vote.
SECTION 8. CODE OF ETHICS
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 Town Council and members of the
Town’s boards, commissions, and committees.
In furtherance of this purpose, we shall:
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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.
8.2 BE DEDICATED TO THE CONCEPTS OF EFFECTIVE AND DEMOCRATIC
LOCAL GOVERNMENT THROUGH DEMOCRATIC LEADERSHIP.
We shall honor and respect the principles and spirit of representative democracy and shall
set a positive example of good citizenship by scrupulously observing the letter and spirit
of laws, rules, and regulations.
8.3 AFFIRM THE DIGNITY AND WORTH OF THE SERVICES RENDERED BY
THE TOWN GOVERNMENT AND MAINTAIN A DEEP SENSE OF SOCIAL
RESPONSIBILITY AS A TRUSTED PUBLIC SERVANT.
8.4 BE DEDICATED TO THE HIGHEST IDEALS OF HONOR, ETHICS, AND
INTEGRITY IN ALL PUBLIC AND PERSONAL RELATIONSHIPS.
A. Public Confidence. We shall conduct ourselves so as to maintain public
confidence in Town government and in the performance of the public trust.
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.
8.5 RECOGNIZE THAT THE CHIEF FUNCTION OF LOCAL GOVERNMENT IS
AT ALL TIMES TO SERVE THE BEST INTERESTS OF ALL THE PEOPLE .
We shall treat our office as a public trust, only using the power and resources of public
office to advance public interests and not to attain personal benefit or pursue any other
private interest incompatible with the public good.
8.6 KEEP THE COMMUNITY INFORMED ON MUNICIPAL AFFAIRS;
ENCOURAGE COMMUNICATION BETWEEN THE CITIZENS AND ALL
MUNICIPAL OFFICERS; EMPHASIZE FRIENDLY AND COURTEOUS
SERVICE TO THE PUBLIC; AND SEEK TO IMPROVE THE QUALITY AND
IMAGE OF PUBLIC SERVICE.
A. Accountability. We shall ensure that government is conducted openly, efficiently,
equitably, honorably, and in a manner that permits the citizens to become fully
informed to allow them to hold Town officials accountable.
B. Respectability. We shall safeguard public confidence in the integrity of Town
government by being honest, fair, caring, and respectful, and by avoiding conduct
creating the unexplainable appearance of impropriety, or impropriety of which is
otherwise unbefitting a public official.
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8.7 SEEK NO FAVOR; BELIEVE THAT PERSONAL BENEFIT OR PROFIT
SECURED BY CONFIDENTIAL OR PRIVILEGED INFORMATION OR BY
MISUSE OF PUBLIC TIME IS DISHONEST.
A. Private Employment. We shall take any steps necessary to ensure that we comply
with the State law regarding conflicts of interest when we engage in, solicit,
negotiate for, or promise to accept private employment or render services for
private interests or conduct a private business.
B. Confidential Information. We shall not disclose to others, or use to further our
personal interest, confidential information acquired in the course of our official
duties.
C. Gifts. We shall not directly or indirectly, in connection with service to the Town,
solicit any gift or accept or receive any gift - of any value - whether it be money,
services, loan, travel, entertainment, hospitality, promise, or any other form of
gratuity. This policy shall not apply to hospitality, transportation or other
assistance provided to Town officials when such hospitality, transportation of
other assistance is (i) directly related to their participation in community events as
a representative of the Town or (ii) of inconsequential value and accepted as a
courtesy.
D. Investment in conflict with official duties. We shall not invest or hold any
investment, directly or indirectly, in any financial business, commercial or other
private transaction that creates a conflict with our official duties.
E. Personal relationships. Personal relationships shall be disclosed in any instance
where there could be the appearance of conflict of interest or a conflict of interest.
8.8 CONDUCT BUSINESS OF THE TOWN IN A MANNER, WHICH IS NOT ONLY
FAIR IN FACT, BUT ALSO FAIR IN APPEARANCE.
8.9 PROMOTE UNDERSTANDING, MUTUAL RESPECT AND TRUST AMONG
MEMBERS OF COUNCIL, BOARDS, COMMISSIONS AND COMMITTEES
CONCERNING THEIR ROLES AND RESPONSIBILITIES WITH RESPECT TO
TOWN STAFF’S RESPONSIBILITY FOR IMPLEMENTING THE TOWN
COUNCIL’S POLICIES.
All members of the Council, boards, commissions, or committees shall acknowledge in
writing, on a form provided by the Town Clerk, receipt of these provisions relating to
ethics.
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SECTION 9. BOARDS, COMMISSIONS, AND COMMITTEES
The Fountain Hills’ Town Council may create such boards, commissions, and committees as
deemed necessary to assist in the conduct of the operation of Town government. The Town
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. All boards, commissions, and committees of the Town shall be classified as
regularly scheduled or unscheduled boards, commissions, and committees.
Regularly scheduled boards, commissions, and committees are those that meet on
a regularly scheduled basis or may be quasi-judicial in nature. Unscheduled
boards, commissions, and committees meet on an as-called basis.
B. Regularly scheduled boards, commissions, and committees include:
1. Planning and Zoning Commission
2. Parks and Recreation Commission
3. McDowell Mountain Preservation Commission
4. Community Center Advisory Commission
5. Public Safety Advisory Commission
6. Senior Services Advisory Commission
7. Strategic Planning Advisory Commission
C. Unscheduled boards, commissions, and committees:
1. Ad Hoc Committees
2. Board of Adjustment
D. Except for the Planning and Zoning Commission and Board of Adjustment, any
board, commission, or committee created shall cease to exist (i) upon the
accomplishment of the special purpose for which it was created or (ii) when
abolished by a majority vote of the Town Council.
9.2 SELECTION OF BOARDS, COMMISSION, OR COMMITTEE MEMBERS
A. The call for applications to fill vacant seats to boards, commission, and
committees shall include a request for:
1. A cover letter of interest.
2. A resume.
3. The “Background and Personal Data Outline” application that describes
the applicants’ skills, experience, and education background needed to
ensure the successful filling of the vacancy.
4. Responses to the supplemental questionnaire specific to a board,
commission, or committee application, if such questionnaire is included.
5. The consent to executive session form.
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B. Staff liaisons 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 government access channel.
Newspaper advertising.
The Town website.
And the Town’s official posting sites as listed in Section 2-4-3 in the
Town Code. The staff liaison shall be responsible for submitting to the
Town Clerk’s office the Affidavit of Established Posting. Community
Affairs/Media Relations Administrator services are to be requested to
place said notice on the Town’s government access channel and website to
meet the public notice requirements. The downloadable application
packet will be placed on the Town’s website for public access.
C. 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 meet.
6. The deadline for submitting applications.
7. Listing of applicant information required and location where application
packets may be obtained.
8. Tentative interview date(s).
9. Staff liaison contact information.
10. The dates of publication in the local paper.
D. Individuals applying for boards, commissions, or committees must submit to the
Town Clerk those items as listed in Section 9.2(A) by the published deadline.
The Town Clerk will review the application(s) to ensure that the applicant(s) meet
the qualifications as listed in Section 9.4(A) and will then forward all
application(s) packets to the appropriate staff liaison after the deadline.
E. The staff liaison to the board, commission, or committee will assemble and copy
all application packets and provide all supporting materials to all Town Council
Members.
F. The Town 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.
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G. After the interviews have concluded the staff liaison, shall prepare a Council
Report and Action Form on behalf of the Town Council subcommittee outlining
their appointment recommendation(s) to the Mayor for action. Upon concurrence
of the Mayor with the recommendations, the staff liaison shall submit the report
and action form to the Town Clerk according to the submission deadline for the
next appropriate Town Council Meeting Agenda.
H. 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 Town Council.
I. Following the Council’s approval of the Mayor’s appointment(s) to a board,
commission, or committee, the staff liaison shall notify appointees as to their
appointment. 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.
J. The staff liaison will provide specific details to the new appointees relative to
their attendance at the “official” board, commission, or committee orientation,
taking the “oath of office” prior to attending their first board, commission, or
committee meeting and reading and signing the ethics policy. The staff liaison
will provide official literature, agendas, minutes, or other materials specific to
their appointment.
9.3 RECOMMENDATIONS FOR APPOINTMENTS TO BOARDS, COMMISSIONS
AND COMMITTEES
A. The Mayor may appoint a Council subcommittee for board, commission and
committee appointments. The subcommittee shall be made up of three Council
Members. The Mayor may appoint himself/herself to this subcommittee. If no
such subcommittee is appointed, at a minimum, a quorum of the Fountain Hills
Town Council shall review applications and conduct interviews for the various
boards, commissions, and committees to fill vacancies based upon the applicants’
skills, experience, and background as required under Section 9.4.
B. The purpose of this subcommittee is to review applications, interview applicants,
and prepare 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. The process of application review and interviews will be conducted in such a
manner as to allow for the appointment to coincide with the term expiration of the
current board, commission or committee member(s) term or as soon thereafter as
reasonably possible.
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9.4 QUALIFICATIONS FOR APPOINTMENTS; EMPLOYEES OR APPOINTED
OFFICERS AS MEMBERS
A. 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 Town Council; except for members appointed to
Youth Commissioner position for youth representation.
2. A Fountain Hills’ resident for at least one year, unless the Town Council
specifically waives this time or residency requirement for a specific board,
commission or committee.
3. A qualified elector, except youth appointees.
B. 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. Council Members are prohibited from serving on regularly scheduled
commissions as listed in Section 9.1(B) above and the Board of Adjustment.
C. Pursuant to the Fountain Hills Town Code, 9-2-7, 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. 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 Town Council action, Town Code, or Arizona Revised Statutes
specifically designates terms.
B. For those regularly scheduled boards, commissions, and committees having five
(5) members or fewer, the terms of office shall be staggered so that no more than
three (3) terms shall expire in any single year when possible; provided, however,
that no staggering of terms shall be required for any boards, commission, or
committee that will be in existence for a single term.
C. For those boards, commissions, and committees having more than five (5)
members but less than eight (8) members, the terms of office shall be staggered so
that no more than four (4) 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.
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D. No individual may serve as a voting member on more than one regularly
scheduled or unscheduled boards, commissions, and committees at one time.
E. 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 Town 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. Any board, commission, or committee member may be removed as a member to
that board, commission, or committee upon a vote of not less than four Council
Members for any reasonable cause as determined by the Town Council.
G. Whenever a vacancy has occurred on one board, commission, or committee
procedures described in Section 9.3 above will be used to generate applicants,
interview applicants, and make a recommendation for a potential appointee.
H. An incumbent member of a board, commission, or committee seeking
reappointment shall submit a new application under the provisions set forth in
Section 9.3 above and shall be considered for appointment by the Town Council
in the same manner as all other applicants for such position.
9.6 APPLICABILITY OF THE ARIZONA OPEN MEETING LAW
All boards, commissions, and committees are subject to the Arizona Open Meeting Law.
9.7 RESIDENCY REQUIREMENTS
Members of the Planning and Zoning Commission and Board of Adjustment shall be residents of
the Town. Members of the Parks and Recreation Commission, McDowell Mountain
Preservation Commission, Community Center Advisory Commission, and Public Safety
Advisory Commission should be residents of the Town of Fountain Hills. Any other boards,
commissions, or committees may have members who are not residents of the Town of Fountain
Hills at the discretion of the Town Council; provided, however, that the majority of the members
of any such board, commission, or committee should be residents, business owners, or p roperty
owners in the Town of Fountain Hills.
1962907.6
TOWN OF FOUNTAIN HILLS, ARIZONA
TOWN COUNCIL
RULES OF PROCEDURE
AMENDED AND RESTATED JULY 2, 2009
NOVEMBER 7, 2013
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1962907.6
TABLE OF CONTENTS
TOWN OF FOUNTAIN HILLS, ARIZONA ........................................................................... 1
SECTION 1. RULES OF PROCEDURE/AUTHORITY ....................................................... 31
1.1 PROCEDURES................................................................................................... 31
1.2 PRESIDING OFFICER ...................................................................................... 31
1.3 PARLIAMENTARIAN ...................................................................................... 31
1.4 SUSPENSION OF THE RULES ........................................................................ 31
SECTION 2. DEFINITIONS ..................................................................................................... 31
2.1 AGENDA ............................................................................................................ 31
2.2 AGENDA PACKET ........................................................................................... 42
2.3 CONSENT AGENDA ........................................................................................ 42
2.4 COUNCIL ........................................................................................................... 42
2.5 COUNCIL RULES ............................................................................................. 42
2.6 MEETING........................................................................................................... 42
2.7 NEWSPAPER ..................................................................................................... 42
2.8 NOTICE .............................................................................................................. 43
2.9 QUORUM ........................................................................................................... 53
2.10 TOWN................................................................................................................. 53
SECTION 3. MEETINGS .......................................................................................................... 53
3.1 REGULAR MEETINGS .................................................................................... 53
3.2 ADJOURNED MEETINGS ............................................................................... 53
3.3 SPECIAL MEETINGS ....................................................................................... 53
3.4 WORK SESSIONS ............................................................................................. 54
3.5 EXECUTIVE SESSIONS ................................................................................... 64
3.6 EMERGENCY MEETINGS .............................................................................. 64
3.7 MEETINGS TO BE PUBLIC ............................................................................. 64
3.8 MINUTES OF COUNCIL MEETINGS ............................................................. 64
SECTION 4. NOTICE AND AGENDA .................................................................................... 75
4.1 POSTING NOTICES .......................................................................................... 75
4.2 AGENDA PREPARATION ............................................................................... 76
4.3 DISTRIBUTION OF NOTICES AND AGENDAS ........................................... 98
SECTION 5. ORDER OF BUSINESS .................................................................................... 109
5.1 ORDER OF BUSINESS ................................................................................... 109
5.2 REGULAR MEETINGS .................................................................................. 109
5.3 SPECIAL MEETINGS ................................................................................... 1514
5.4 WORK SESSION MEETINGS ...................................................................... 1514
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1962907.6
SECTION 6. PROCEDURES FOR CONDUCTING THE MEETING ............................ 1615
6.1 CALL TO ORDER ......................................................................................... 1615
6.2 PARTICIPATION OF PRESIDING OFFICER ............................................. 1615
6.3 QUESTION TO BE STATED ........................................................................ 1615
6.4 RULES/DECORUM/ORDER ........................................................................ 1615
6.5 TELECONFERENCE PROCEDURE ............................................................ 1716
6.6 ADDRESSING THE COUNCIL .................................................................... 1816
SECTION 7. CONFLICT OF INTEREST ........................................................................... 2120
7.1 INTRODUCTION .......................................................................................... 2120
7.2 PURPOSE OF CONFLICT OF INTEREST LAWS ...................................... 2120
7.3 APPLICABILITY OF THE ARIZONA CONFLICT OF
INTEREST LAW............................................................................................ 2120
7.4 DISCLOSURE OF INTEREST ...................................................................... 2120
7.5 WITHDRAWAL FROM PARTICIPATION ................................................. 2221
7.6 RULE OF IMPOSSIBILITY .......................................................................... 2221
7.7 IMPROPER USE OF OFFICE FOR PERSONAL GAIN .............................. 2221
7.8 SANCTIONS FOR VIOLATIONS ................................................................ 2221
7.9 NON-STATUTORY CONFLICTS OF INTEREST ...................................... 2221
SECTION 8. CODE OF ETHICS ......................................................................................... 2221
8.1 OBEY LAWS ................................................................................................. 2122
8.2 DEMOCRATIC LOCAL GOVERNMENT/LEADERSHIP ......................... 2122
8.3 SERVICES ...................................................................................................... 2122
8.4 RELATIONSHIPS .......................................................................................... 2122
8.5 FUNCTION OF LOCAL GOVERNMENT ................................................... 2122
8.6 SERVICE TO THE COMMUNITY ...................................................................22
8.7 PERSONAL BENEFIT/PROFIT ................................................................... 2223
8.8 FAIR CONDUCT ........................................................................................... 2223
8.9 PROMOTE UNDERSTANDING/RESPECT/TRUST ......................................23
SECTION 9. BOARDS, COMMISSIONS AND COMMITTEES ..................................... 2324
9.1 REGULARLY SCHEDULED OR UNSCHEDULED .................................. 2324
9.2 RECOMMENDATIONS FOR APPOINTMENTS .................................................. 24
9.3 SELECTION .................................................................................. 2425
9.3 RECOMMENDATION ......................................................................................27
9.4 QUALIFICATIONS FOR APPOINTMENTS; EMPLOYEES OR
APPOINTED OFFICERS AS MEMBERS .................................................... 2628
9.5 TERMS, VACANCIES, REMOVAL............................................................. 2728
9.6 APPLICABILITY OF THE ARIZONA OPEN MEETING LAW ................ 2830
9.7 RESIDENCY REQUIREMENTS .................................................................. 2830
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1962907.6
SECTION 1. RULES OF PROCEDURE/AUTHORITY
1.1 PROCEDURES
The following are the basis for and are used in conjunction with these basic Rules of Procedure for
meetings of the Council, Boards, Commissions and Committees:
A. A. State Law
B. B. Town Code, including these Council Rules
C. C. Parliamentary Procedure at a Glance, New Edition, by O. Garfield Jones
D. D. Roberts Rules of Order, 10th edition, as amended
In case of inconsistency, conflict, or ambiguity among the documents listed above, such
documents shall govern in the order in which they are listed.
1.2 PRESIDING OFFICER
As provided by the Town Code, the Mayor, or in the Mayor’s absence, the Vice-Mayor, is the
Presiding Officer of all Meetings of the Council. In the absence or disability of both the Mayor
and the Vice-Mayor, the Meeting shall be called to order by the Town Clerk, whereupon, the Town
Clerk shall immediately call for the selection of a temporary Presiding Officer. If a majority of the
Councilmembers present are unable to agree on a Presiding Officer for the meeting, the meeting
shall automatically be adjourned and all agenda items shall be carried over to the next regular
Council Meeting.
1.3 PARLIAMENTARIAN
The Town Attorney shall serve as Parliamentarian for all Meetings. The Town Clerk shall act as
Parliamentarian in the absence of the Town Attorney and the Town Manager shall act as
Parliamentarian in the absence of both the Town Attorney and Town Clerk.
1.4 SUSPENSION OF THE RULES
The Council, by a three-quarter vote of all members present, may suspend strict observance of
these Council Rules or other policies and procedures for the timely and orderly progression of the
Meeting; provided, however, that a simple majority of the Council may cause a change in the order
of items on the Agenda.
SECTION 2. DEFINITIONS
2.1 AGENDA
As set forth in the Order of Business, an Agenda is a formal listing of items to be considered by (i)
the Council at a noticed meeting of the Council or (ii) the applicable Board, Commission or
1056145.2 2
1962907.6
Committee at a noticed meeting of that body. The content of the Agenda may not be changed less
than 72 hours prior to the public meeting, except in exceptional circumstances, but in no event
shall the Agenda be altered less than 24 hours prior to the public meeting, unless otherwise
authorized by State law.
2.2 AGENDA PACKET
A compilation of documents supporting the items listed on the Agenda and requiring Council
consideration or action, which may be used by Council, staff and the public for more in -depth
information than may be presented in an oral report. The Agenda Packet is organized as set forth
in the Order of Business in Section 5 below and is provided or made available electronically to the
Council or to any citizen who files a public records requeston the Town’s website: www.fh.az.gov
by 6:00 p.m. the Thursday prior to the date of the meeting.
2.3 CONSENT AGENDA
Items listed on the Consent Agenda and marked with an asterisk (*) that are considered to be
routine, non-controversial matters and will be enacted by one motion and one roll call 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 Council MemberCouncilmember or member of the public so requests. If a
Council MemberCouncilmember or member of the public wishes to discuss an item on the consent
agenda, he/she may request so prior to the motion to accept the Consent Agenda or by notifying the
Town Manager prior to the date of the meeting. The item will be removed from the Consent
Agenda and considered in its normal sequence on the Agenda.
2.4 COUNCIL
Collectively, the Mayor and Common Council of the Town of Fountain Hills.
2.5 COUNCIL RULES
These Town of Fountain Hills, Arizona, Town Council Rules of Procedure.
2.6 MEETING
The gathering, in person or by technological devices, of a quorum of the Council, Boards,
Commissions or Committees, at which the Council MembersCouncilmembers, 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 and, in the absence of the Presiding Officer,by the Town
Clerk will adjourn the Meetingor the staff liaison for a Board, Commission or Committee.
2.7 NEWSPAPER
A daily or weekly paid publication of general circulation within the Town of Fountain Hills,
Arizona.
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1962907.6
2.8 NOTICE
A formal announcement to the public that sets the date, time and the place at which a Meeting will
be held. Such notice of Meetings shall be in accordance with the State law, the Town Code and
these Council Rules.
2.9 QUORUM
The minimum number of Members of the Council, Board, Commission, or Committee that must
be present in order for business to be legally transacted. With a seven-member body, a quorum is
four Members, unless otherwise specifically authorized by State law.
2.10 TOWN
The Town of Fountain Hills, an Arizona municipal corporation.
SECTION 3. MEETINGS
3.1 REGULAR MEETINGS
A. Regular Meeting Date; Time. The Council shall hold regular Meetings on the first
and third Thursday of each month at six thirty6:30 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. All regular
Meetings shall be held at the Town Hall Council Chambers or at such place as may
be prescribed by the Mayor or the Town Manager. The Council may provide for a
“Call to the Public” at such regular Meetings.
B. Holidays. When the day for a regular Meeting of the Council falls on a legal
holiday, no Meeting shall be held on such holiday, but such Meeting shall be held at
the same time and the same location on the day designated by the Council that is not
a holiday, unless the meeting is otherwise cancelled by the Council.
3.2 ADJOURNED MEETINGS
Any Meeting may be adjourned to a time, place and date certain, but not beyond the next regular
Council Meeting. Once adjourned, the Meeting may not be reconvened except at the time, date
and place provided for in the motion to adjourn.
3.3 SPECIAL MEETINGS
The Mayor, the Town Manager, or the Town Clerk, (upon the written request of three Council
MembersCouncilmembers), may convene the Council at any time after giving at least 24 hours ’
notice of such Meeting to members of the Council and the general public. The notice shall include
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the date, place, hour and purpose of such special Meeting. In the case of an actual emergency, a
Meeting may be held upon such notice as is appropriate to the circumstances.
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 Council
MembersCouncilmembers) may convene the Council in a Work Session at any
time after giving notice at least 24 hours noticein advance of such Meeting to
members of the Council and the general public. The notice shall include the date,
place, hour and purpose of such special Meeting.
B. Purpose. Work sessions are held for the purpose of presentations and discussions
on such issues that require more in-depth consideration of the Council than may be
possible at a regular Meeting. No formal action of the Council may be taken at
such Meetings, other than general consensus or conveying direction to staff for
further action. These Meetings shall not provide for a “Call to the Public.”
3.5 EXECUTIVE SESSIONS
Subject to applicable State law, the Council may hold such closed executive sessions as necessary
to conduct the business of the Town.
3.6 EMERGENCY MEETINGS
As provided for by State law, the Mayor and Council or the Town Manager may call a special
emergency Meeting to discuss or take action on an unforeseen issue where time is of the essence
and sufficient time does not provide for the posting of a Meeting notice 24 hours or more before
the Meeting. Notice of an emergency Meeting of the Council will be posted within 24 hours
following the holding of an emergency Meeting. The notice will include the emergency Meeting’s
Agenda and a brief but complete description of the nature of the emergency. Emergency Meetings
shall not provide for a “Call to the Public.”
3.7 MEETINGS TO BE PUBLIC
A. Open to Public. With exception of Council executive sessions, all regular, special
and work session Meetings of the Council, Boards, Commissions, and Committees
shall be open to the public.
B. Public Comment. Public comment (Call to the public) is not taken at work
sessions, emergency Meetings or at special Meetings, unless the special Meeting is
held in place of a regular Meeting, or unless the special Meeting includes a public
hearing on the Agenda.
3.8 MINUTES OF COUNCIL MEETINGS
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A. Staffing. The Town Clerk shall ensure staff attendance at all regular, special, work
session, emergency and executive session Meetings of the Council for the purpose
of taking notes and/or audio recordation of the Meeting. The Town staff liaison to
each Board, Commission or Committee shall ensure staff attendance at all
Meetings for the purpose of taking notes and/or audio recordings of the Meetings.
B. Recordings; written minutes. To the extent possible, all open, public Meetings
shall be recorded by means of audio or video technology. In addition, written
minutes reflecting legislative intent shall be taken so that an accounting of the
issues discussed and actions taken is compiled and entered into the permanent
Minute Book of the Town and kept on file and of record in the Office of the Town
Clerk. Audio or video recordings of Meetings will be retained for a period of time
in accordance with the current Town of Fountain Hills and/or State of Arizona
approved records retention and disposition schedules. Minutes shall identify
speakers by name and shall indicate whether they are Fountain Hills residents, and
whether they support or oppose the proposed action (i.e. “for” or “against”) along
with a summary of the speakers’ verbal comments provided at the meeting.
C. Availability. All Meeting minutes of the Council, Boards, Commissions, and
Committees are deemed to be public records, with the exception of executive
session minutes, which, while they fall under the definition of and are considered
public records by State law, are deemed confidential and are only available under
limited conditions or by Court Order. Transcribed minutes, or the audio or video
recordings of all open Meetings of the Council, Boards, Commissions, and
Committees must be on file in the office of the Town Clerk and 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 and work-study Meetings of the Council, Boards,
Commissions, and Committees are made available through the Town’s Web Site,
www.fh.az.gov within two working days following their approval, or as provided
by State law.
D. Executive Sessions. Minutes of executive sessions (i1) shall be confidential, (ii2)
are maintained and secured by the Town Clerk and (iii3) may be accessed only as
provided by State law.
E. Approval. Minutes of all regular Meetings of the Council (other than Executive
Sessions) may be approved under the consent agenda, unless removed for
discussion and separate action.
SECTION 4. NOTICE AND AGENDA
4.1 POSTING NOTICES
A. A. Time. The Town Clerk, or authorized designee, shall prepare all public Meeting
notices of the Town 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
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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. B. Locations. Meeting notices shall be posted at a minimum of three locations within the
Town, including the Community Center, Town Hall and the Town’s website
[www.fh.az.gov].
4.2 AGENDA PREPARATION
A. A. Availability. The Town Manager, or authorized designee, shall prepare the Agendas
for all Meetings of the Council as set forth below. Agendas of all Meetings of the
Council shall generally be available to the public no less than 72 hours prior to said
Meetings, except in exceptional circumstances. In no event shall the Agenda be
made available less than 24 hours prior to said Meeting. Agendas and Agenda
packet materials are made available through the Town’s web site. The staff liaison
to each Board, Commission or Committee shall ensure that the agenda is available
in the same manner as required for the Council.
B. Submittal Process. Items may be placed on the Council Agenda for discussion and
possible action by the following process (the Agenda process for Boards,
Commissions or Committees shall be as determined by the applicable Department
Head which shall be substantially the same as the Council agenda submittal
process):
1. All Departments: Preparation of the Agenda item cover/routing
sheetAction form with signatures of the department director, the accounting
supervisor (if applicable), the Town Attorney (if applicable), and staff
report (including all attachments) provided to the Town Clerk for submittal
to the Town Manager not later than two business days prior to Agenda
Packet preparation day (the FridayThursday prior to Meeting date). Town
Manager approves/amends items and signs off, finalizing the item for
inclusion in the Agenda Packet.
2. Mayor and Town Council MembersCouncilmembers: The Mayor or three
Council MembersCouncilmembers may direct the Town Manager through
a written request to place an item on an Agenda for action. Any Council
MemberCouncilmember may direct the Town Manager to place an item on
a future Agenda during the “Council Discussion/Direction to Town
Manager” portion of a Meeting for discussion relating only to the propriety
of (i) placing such item on a future Agenda for action or (ii) directing staff
to conduct further research and report back to the Council.
3. Town Manager and Town Attorney: The Town Manager or Town Attorney
may place an item on the Agenda by including appropriate documentation.
4. Citizen or Group: A citizen or group may apply to have an item placed on
the Agenda as follows:
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a. Obtain a “Scheduled Public Appearance/Presentation” form from
the Town Clerk and, when completed, return it to the Town Clerk
for submission to the Town Manager and the Mayor.
b. The Town Manager or authorized designee shall research the issue
to determine if it may be handled administratively or will require
Council discussion. If it is determined that the matter should be
placed before the Council, the Town Manager shall ensure that
documentation, if any, is compiled and the material included in the
Agenda Packet. If the Town Manager determinesand the Mayor
determine that the subject should not be placed on the Agenda, an
individual wishing to have an item on the Agenda as a “Scheduled
Public Appearance” may (i) ask that the request be forwarded to the
Mayor for consideration or (ii) obtain the written request of three
members of the CouncilCouncilmembers to place the item on the
Agenda, and submit that request to the Town Manager.
c. The Town Manager may postpone the requested
appearance/presentation date, if additional staff time is needed to
research a proposed Agenda item.
C. Time Lines for Submission of Items.
1. Agenda items shall be submitted to the Town Manager by 52:00 Pp.Mm.,
not less than eightnine calendar days prior to regular and special Meetings
to ensure timely delivery to Council MembersCouncilmembers.
2. Agenda items for Work-Study Meetings shall be submitted to the Town
Manager by 2:00 p.m., not less than seven calendar days prior to the
meeting to ensure timely delivery to Councilmembers.
3. The Town Manager may approve exceptions to the schedule above in order
to ensure that the distribution of all Agenda Packets to the Council is in
conformance with these Council Rules.
3.4. Any requests requiring audio/visual support must be submitted to the Town
Clerk for coordination with the information and technology
departmentdivision a minimum of 48 hours prior to the Meeting to ensure
proper coordination and preparation. Department directors are responsible
for obtaining presentation materials from applicants or presenters involved
in their respective Agenda items.
D. Agenda Item Submittals for Town Council Executive Sessions. Items may be
placed on the Agenda for Council executive session discussion (if in compliance
with the Town Code and applicable State Statutes) by the following process:
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1. Submission by a Council MemberCouncilmember, the Town Manager or
the Town Attorney (with notice to all Council MembersCouncilmembers).
2. Submission by the Mayor (with notice to all Council
MembersCouncilmembers).
3. The Town Manager and the Town Attorney shall review the submittal for
executive session discussion, prior to placement on the Agenda, to ensure
that the item is the proper subject of an executive session pursuant to State
law.
4. The Town Attorney shall advise the Town Clerk regarding the appropriate
Agenda language of executive session items.
E. Agenda Packets. Full Agenda Packets for all noticed Meetings (except executive
session documentation) of the Council shall be made available to Council Members
at Town HallCouncilmembers electronically, generally sixseven days before
suchRegular Meetings and five days before Work-Study Meetings; provided,
however, that Agenda Packets may be delivered or supplemented later under
special circumstances so long as no Agenda Packet material is deliveredmade
available less than 72 hours prior to the Meeting, except in the case of exceptional
circumstances or an emergency Meeting.
F. Removal Requests. Requests to remove items from the Consent Agenda occurring
after the 72 hour posting deadline will be announced by the Mayor at the beginning
of the meeting at which the item was scheduled. The posted Agenda will remain
unchanged.
4.3 DISTRIBUTION OF NOTICES AND AGENDAS
A. A. Copies. The Town Clerk shall ensure that the Mayor and Council receive copies of
all Meeting notices and Agendas and any documentation provided for said Meeting
electronically, not less than 72 hours prior to the Meeting, unless exceptional
circumstances require a later delivery.
B. B. Distribution. The Town Clerk shall ensure that the Meeting notices, Agendas and
packet documentation, as deemed necessary, are distributedposted to the Town
Manager, Town Attorney and department directors. Courtesy copies will be
available to the Library and others as directed by the Mayor through the Town
Manager as soon as such materials are’s website: www.fh.az.gov and made
available to the Mayor and Council., the public, Town Manager, Town Attorney,
and staff electronically by 6:00 p.m. on the Thursday prior to the date of the
meeting.
C. C. Amendments. A publishedposted Agenda may be amended up to 72 hours prior to
such meeting. In exceptional circumstances, such Agenda may be amended up to,
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but not less than, 24 hours prior to the designated Meeting, unless otherwise
authorized by State Law. Amended Agendas shall indicate the date amended.
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SECTION 5. ORDER OF BUSINESS
5.1 ORDER OF BUSINESS
The Order of Business of each Meeting shall be as contained in the Agenda. The Agenda shall be
a sequentially numbered listing by topic and a brief description of business items that shall be
taken up for consideration.
5.2 REGULAR MEETINGS
The Agenda shall be prepared in the following order:
AGENDA
Call To Order & Pledge Of Allegiance
Invocation/Moment of Reflection
Roll Call
Mayor’s Report (including proclamations)
Scheduled Public Appearances/Presentations (if any)
Call to the Public (Non-agenda items) (preceded by the following paragraph)
Pursuant to ARIZ. REV. STAT. § 38-431.01(GH), public comment is permitted (not
required) on matters not listed on the agenda. Any such comment (i) must be
within the jurisdiction of the Council and (ii) is subject to reasonable time, place
and manner restrictions. The Council will not discuss or take legal action on
matters raised during “Call to the Public” unless the matters are properly noticed
for discussion and legal action. At the conclusion of the call to the public,
individual Council membersCouncilmembers may (i) respond to criticism, (ii) ask
staff to review the matter or (iii) ask that the matter be placed on a future Council
agenda.
Consent Agenda (preceded by the following explanatory paragraph)
All items listed with an asterisk (*) are considered to be routine, non-controversial
matters and will be enacted by one motion and one roll call vote of the Council. All
motions and subsequent approvals of consent items will include all recommended
staff stipulations unless otherwise stated. There will be no separate discussion of
these items unless a Council MemberCouncilmember or member of the public so
requests. If a Council MemberCouncilmember or member of the public wishes to
discuss an item on the consent agenda, theyhe/she may request so prior to the
motion to accept the Consent Agenda or with notification to the Town Manager or
Mayor prior to the date of the meeting for which the item was scheduled. The item
will be removed from the Consent Agenda and considered in its normal sequence
on the Agenda.
Action Items (grouped by subject to the extent possible)
Council Assessment and Review (If requested by a Council Member)
Council Discussion/Direction to Town Manager (Items for future Agendas)
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Summary of Council Requests and Report on Recent Activities by Town Manager
Adjournment
All Agendas shall have the following statement placed at the bottom:
The Town of Fountain Hills endeavors to make all public Meetings accessible to persons
with disabilities. Please call 837-2003 (voice) or 1-800-367-8939 (TDD) 48 hours prior
to the Meeting to request a reasonable accommodation to participate in this Meeting or to
obtain Agenda information in large print format.
DATE POSTED: TIME POSTED:
A. Roll Call. Following the Call to Order and the Pledge of Allegiance, the Moment
of Reflection or Invocation and before proceeding with the business of the Council,
the Presiding Officer shall direct the Town Clerk or authorized designee to call the
Roll, and the names of Council MembersCouncilmembers both present and absent
shall be entered into the minutes. The order of roll call shall be: Mayor, Vice
Mayor and then Council MembersCouncilmembers from the Mayor’s far right to
the Mayor’s far left.
B. Mayor’s Report. The Mayor may use “Mayor’s Report” to announce appointment
to committees, read proclamations, or conduct other ceremonial matters as listed on
the posted Agenda.
C. Scheduled Public Appearances/Presentations. The process set forth belowin
Subsection 4.2(B)(4) above applies to members of the public or groups wishing to
place an item on the Agenda under “Scheduled Public Appearances/Presentations”.
If the request is approved by the Town Manager and the Mayor, the item will
appear on the agenda. Councilmembers may use “Scheduled Public
Appearances/Presentations” section to provide an update of official activities, as
listed on the posted Agenda.
D. Call to the Public.
1. All citizens and interested parties will be limited to a maximum of three
minutes to address the Council on a non-Agenda item. In order to comply
with State law, the Council may not discuss any issue raised at call to the
public and not listed on the Agenda, except to thank the speaker or direct the
Town Manager to follow up on the matter and/or schedule it for a future
public Meeting.
2. All citizens and interested parties wishing to speak before the Council shall
fully complete a speaker’s request form. Speaker Cards submitted by those
who indicate they will not speak will be grouped together in the order in
which the cards were received and by the categories of “for” and “against”
relating to the proposed agenda item as indicated on the Speaker Card. The
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Town Clerk will announce the number of cards received, if any, and number
received per category.
3. At the conclusion of all citizens’each citizen’s comments, the Presiding
Officer may take any or all of the following actions:
a. Thank speaker for addressing issue.
b. Ask staff to review matter.
c. Ask that a matter be put on a future Agenda.
d. Permit individual Council MembersCouncilmembers to respond to
criticism raised during the Call to the Public.
E. Consent Agenda.
1. The Consent Agenda includes items that are of such a nature that discussion
is not required, or issues that have been previously studied by the Council.
These items may be adopted by one motion and a roll call 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.
Council MembersCouncilmembers or the public may not ask a question
without removal of the item from the Consent Agenda.
3. Items removed from the Consent Agenda are considered in their normal
sequence as listed on the Agenda, unless called out of sequence as provided
under Section 1.4 (Suspension of the Rules) above.
4. At the discretion of the Presiding Officer light and/or sound signals may be
used to indicate the commencement of the time for speaking and a warning
light may flash to show that the appropriate time has passed. A red light
will signal that there is no longer any remaining time.
F. Action Items.
1. At the time each business item is presented to the Council, the Town staff
shall present a report on the subject and the applicant, if any, may also
speak. The Mayor or the Town Clerk, or authorized designee, will then call
the speaker cards of those citizens desiring input and comments. All
citizens and interested parties wishing to speak before the Council shall
fully complete speaker’s request forms and submit the forms to the Town
Clerk, or authorized designee, prior to Council discussion of that Agenda
item. Sufficient speaker request forms shall be located in the Council
Chamber’s Lobby (the public entry area into the Chamber) and at the Town
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Clerk’s position on the dais. The completedCompleted speaker request
forms will be retained with the Agenda Packet material by the Town Clerk
until the draft minutes are approved by the Council at a subsequent meeting.
Speakers’ names and comments will be summarized and included the
meeting minutes. Speakers will be called in the order in which the speaker
cards were received. If a speaker chooses not to speak when called, such
speaker will be deemed to have waived his or /her opportunity to speak on
that matter.
2. Those speaking before Council will be allowed three contiguous minutes to
address Council, but time limits may be waived by (ia) discretion of the
Town Manager upon request by the speaker not less than 24 hours prior to a
Meeting, (iib) consensus of the Council at a Meeting or (iiic) the Mayor
either prior to or during a Meeting. Speakers may not (ia) reserve a portion
of their time for a later time or (iib) transfer any portion of their time to
another speaker.
3. The purpose of all public comments is to provide information and the
speaker’s views for Council consideration. It is not appropriate for the
speakers to question directly, or debate the matter under consideration with
staff, other speakers, the audience or Members of the
CouncilCouncilmembers; all remarks will be addressed to the Presiding
Officer and not to individual Council MembersCouncilmembers. 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. Council MembersCouncilmembers 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 Council MemberCouncilmember shall engage
in debate directly with such speakers, representatives or Town staff.
4. Proper decorum, in accordance with Section 6.4 below, must be observed
by Members of the Council Councilmembers, by speakers in providing
testimony and remarks and by the audience. In order to conduct an orderly
business Meeting, the Presiding Officer shall keep control of the Meeting
and shall require the speakers and audience to refrain from abusive or
profane remarks, disruptive outbursts, applause, protests or other conduct
that disrupts or interferes with the orderly conduct of the business of the
Meeting. Personal attacks on Council MembersCouncilmembers, Town
staff or members of the public are not allowed.
5. 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 and, if appropriate, ask the staff to provide a report of
the matter.
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b. The Presiding Officer will then ask the applicant to speak regarding
the matter.
c. At the conclusion of the staff report and/or presentation by the
applicant, the Presiding Officer will open the public hearing for
comments from the public.
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. The Presiding Officer may then call for a motion and second, if
applicable, and ask if Council wishes to discuss the issue. Council
may then proceed to discuss the matter.
f. Upon the conclusion of Council comment, the Presiding Officer will
call for action on the motion.
g. Exhibits, letters, petitions, and other documentary items presented
or shown to the Council on a public hearing item become part of the
record of the public hearing and shall be maintained by the Town
Clerk.
h. 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 ½” X 11”) of large graphic exhibits should be provided as part of
the sets of materials for distribution as provided above. The
appropriate staff member shall be responsible to notify applicants of
this requirement.
6. Questions or comments from the public shall be limited to the subject under
consideration. Depending upon the extent of the Agenda and the number of
persons desiring to speak on an issue, the Presiding Officer may, at the
beginning of the Agenda item, limit repetitive testimony, but in no event to
less than three minutes per topic. Upon approval of (ia) the Presiding
Officer or (iib) a majority of the Council, persons may be allowed to speak
longer than three minutes. CouncilCouncilmembers may ask the individual
speaker questions through the Presiding Officer.
7. Quasi-judicial hearings shall be conducted in accordance with the
principles of due process, and the Town Attorney shall advise the Council
in this regard.
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G. Council Assessment and Review. If requested by the Mayor or a member of the
Council prior to distribution of agenda to the members of the Council, this section
may be included on the agenda at the conclusion of the Action Items on the Agenda
to allow Council Members the opportunity to offer comments as to procedural
strengths and weaknesses of the process of Council Meetings. Council Members
may offer suggestions to improve the Meeting process in the future.H.
Council Discussion/Direction to Town Manager. At the conclusion of the
Council Assessment and Review, if any, theThe Council may (1) give direction to
the Town Manager to follow-up on matters presented at that Meeting or, (2) to
bring an item before the Council on a future Agenda. for discussion and possible
action, or (3) direct staff to conduct further research and report back to the Council.
I.H. Summary of Council Requests and Report on Recent Activities by Town Manager.
At the conclusion of the Council Discussion/Direction to Town Manager, the Town
Manager shall review with the Council all matters raised at that Meeting requiring
follow-up from the Town Manager or Town staff. The Town Manager may also
suggest timelines for such follow-up.
JI. Adjournment. The open, public Meetings of the Council may be adjourned by
consensus of the Council.
5.3 SPECIAL MEETINGS
A. As Substitute for Regular Meeting. If a specialSpecial Meeting is being held as an
extension of or in place of a regularRegular Meeting, the Agenda shall be as set
forth for a regularRegular Meeting.
B. Generally. For all other specialSpecial Meetings, the Agenda shall be prepared in
the following order:
AGENDA
Call To Order
Roll Call
Consent Agenda (if needed – explanatory paragraph same as regular Meeting)
Action Items (grouped by subject to the extent possible)
Adjournment
5.4 WORK SESSION MEETINGS
The primary purpose of work session Meetings is to provide the Council with the opportunity for
in -depth discussion and study of specific subjects. Public comment is not provided for on the
Agenda and may be made only as approved by consensus of the Council. In appropriate
circumstances, a brief presentation may be permitted by a member of the public or another
interested party on an Agenda item if invited by the Mayor and Council to do so. The Presiding
Officer may limit or end the time for such presentations.
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The work session Agenda shall be prepared in the following order:
Call To Order
Roll Call
Work Session Statement (explanatory statement)
All Items Listed Are For Discussion Only. No Action Can Or Will Be Taken.
The primary purpose of work session Meetings is to provide the Town Council with
the opportunity for in-depth discussion and study of specific subjects. Public
comment is not provided for on the Agenda and may be made only as approved by
consensus of the Council. In appropriate circumstances, a brief presentation may
be permitted by a member of the public or another interested party on an Agenda
item if invited by the Mayor or the Town Manager to do so. The Presiding Officer
may limit or end the time for such presentations.
Agenda Items For Discussion (Items Numbered For Order)
Adjournment
SECTION 6. PROCEDURES FOR CONDUCTING THE MEETING
6.1 CALL TO ORDER
A Meeting of the Council shall be called to order by the Presiding Officer, (the Mayor or in his/her
absence, by the Vice-Mayor). In the absence of both the Mayor and Vice-Mayor, the Meeting
shall be called to order by the Town Clerk; whereupon, 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 Council MembersCouncilmembers, and he/she shall not be deprived of any of the
rights and privileges of a Council MemberCouncilmember by reason of his/her acting as Presiding
Officer. However, the Presiding Officer is primarily responsible for the conduct of the Meeting.
6.3 QUESTION TO BE STATED
The Presiding Officer shall verbally restate, or shall ask the Town Clerk to verbally restate, each
question immediately prior to calling for discussion and the vote. Following the vote, the
Presiding Officer shall ask the Town Clerk or authorized designee to verbally announce the results
of voting, including the ayes, nays and abstentions. The Presiding Officer shall publicly state the
effect of the vote for the benefit of the audience before proceeding to the next item of business.
Formal votes shall not be taken at work sessions or executive sessions.
6.4 RULES/DECORUM/ORDER
A. Points of Order. The Presiding Officer shall determine all points of order after
consultation with the Parliamentarian, subject to the right of any member to appeal
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such determination to the whole Council. If any appeal is taken, the question
(motion) shall be substantially similar to the following: “Shall the decision of the
Presiding Officer be sustained?” In which event, following a second, a majority
vote shall govern, and conclusively determine such question of order.
B. Order and Decorum.
1. Council MembersCouncilmembers: Any Council MemberCouncilmember
desiring to speak shall address the Presiding Officer and, upon recognition
by the Presiding Officer, may speak.
2. Employees: Members of the administrative staff and employees of the
Town shall observe the same rules of procedure and decorum applied to
members of the CouncilCouncilmembers. The Town Manager shall ensure
that all Town employees observe such decorum and will direct the
participation of any staff member in the discussion of the Council. The
Town Manager shall first be recognized by the Presiding Officer prior to
addressing the Council. Any staff member desiring to speak shall first be
recognized by the Town Manager.
3. Public: Members of the public attending the Meetings shall observe the
same rules of order and decorum applicable to the Council. Unauthorized
remarks or demonstrations from the audience, such as applause, stamping
of feet, whistles, boos or yells shall not be permitted by the Presiding
Officer, who may direct a law enforcement officer to remove such
offender/s from the room.
C. Enforcement of Decorum. Proper decorum is to be maintained during all Meetings
by the Council, staff and guests. It is the responsibility of the Presiding Officer of
the Meeting to ensure compliance with this Policy. The Presiding Officer shall
request that a speaker refrain from improper conduct; if the speaker refuses, the
Presiding Officer may end the speaker’s time at the podium. If the speaker refuses
to yield the podium after being asked to do so by the Presiding Officer, the
Presiding Officer may (i1) recess the Meeting for a brief time (ii2) end the
speaker’s time at the podium or (iii3) direct a law enforcement officer present at the
Meeting to remove from the Meeting the person whose conduct is disorderly or
disruptive.
6.5 TELECONFERENCE PROCEDURE
Meetings may be conducted by teleconference as follows:
A. Prior Notice. When a member of the CouncilCouncilmember is unable to attend a
Meeting and desires to participate in the Meeting by telephone, the
memberCouncilmember shall be permitted to do so provided the memberhe/she
gives the Town Clerk, or authorized designee, notice of his or /her inability to be
present at the Meeting at least 48 hours prior to the Meeting.
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B. Notation on Agenda. The notice of the Meeting and the Agenda shall include the
following: “Council MembersCouncilmembers 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. The Minutes
shall also describe the procedures followed to provide the public access to all
communications during the Meeting.
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, he/shethe speaker shall clearly
state his/her name and address for the record and shall indicate if he/she is a
Town resident.
2. Special assistance for sight and/or hearing-impaired persons can be
provided. Anyone requiring such assistance should contact the Town Clerk
48 hours before a Meeting to request an accommodation to participate in the
Meeting.
B. Limitation Regarding Public Comment and Reports. The making of oral
communications to the Council by any member of the public during the “Call to the
Public: (Non-Agenda Items)” or under an action item, shall be subject to the
following limitations:
1. All citizens wishing to address the Council shall complete and submit a
speaker’s request form as set forth in Section 5.2.Subsection 5.2(F) above.
2. The Presiding Officer may limit the number of speakers heard on
non-Agenda topics at any single Meeting to allow the Meeting to proceed
and end in a timely manner.
3. If it appears that several speakers desire to provide repetitive comments
regarding a single topic, the Presiding Officer may limit the number of
speakers.
C. Motions.
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1. Processing of Motions: When a motion is made and seconded, it shall be
stated by the Presiding Officer before debate.
2. Precedence of Motions: When a motion is before the Council, no motion
shall be entertained except the following, which shall have precedence in
the following order:
a. Fix the time to adjourn
b. Adjourn
c. Recess
d. Raise a question of Privilege
e. Table
f. Limit or extend limits of debate
g. Postpone to a certain time and date
h. Amend
i. Postpone Indefinitely
j. Main Motion
3. Motion to Postpone Indefinitely: A motion to postpone indefinitely is used
to dismiss an item on the Agenda. This motion is debatable, and because it
can be applied only to the main question, it can, therefore, only be made
while the main question is immediately pending (a motion and second is on
the floor). This motion is commonly used to postpone an item until a more
appropriate time.
4. Motion to Table: A motion to table enables the assembly to lay the pending
question aside temporarily when something else of immediate urgency has
arisen, in such a way that there is no set time for taking the matter up again.
A motion to table shall be used to temporarily by-pass the subject. A
motion to table shall not be debatable and shall preclude all amendments or
debate of the subject under consideration. If the motion shall prevail, the
matter may be “taken from the table” at any time prior to the end of the next
regular Meeting.
5. Motion to Limit or Terminate Discussion: Such a motion shall be used to
limit or close debate on, or further amendment to, the main motion. This is
referred to as “Call for the Question” and is the motion used to cut off
debate and to bring the group to an immediate vote on the pending motion;
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it requires a two-thirds vote. The vote shall be taken by voice. If the motion
fails, debate shall be reopened; if the motion passes, a vote shall be taken on
the main motion.
6. Motion to Amend:
a. A motion to amend shall be debatable only as to the amendment. A
motion to amend an amendment shall be in order, but a motion to
amend an amendment to the amendmenton 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, thenprior to consideration of
subsequent amendments. After all amendments have been voted on,
the Council shall vote on the main motion (as amended, if
applicable).
7. Motion to Continue: Motions to continue shall be debatable only as to the
propriety of postponement. Motions to continue to a definite time shall be
amendable and debatable as to propriety of postponement and time set only.
D. Addressing the Council after Motion is Made. After the motion has been made, or
after a public hearing has been closed, no member of the public shall address the
Council without first securing permission from the Presiding Officer.
E. Voting Procedure. After discussion has been concluded and the Mayor or, 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 Council
Membera Councilmember, the vote shall be taken by roll call.
b. The vote on each motion shall be entered into the record by names
of the Council MembersCouncilmembers 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.
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c. If a Council MemberCouncilmember has declared a Conflict of
Interest and is absent during the roll call vote, the Town Clerk shall
include “Absent for the Votea statement such as “Abstained due to
declared Conflict of Interest” in the Official Minutes as part of the
results of the vote.
d. If the roll call method of voting is used, the Town Clerk or designee
shall call the names of all members in random order with each new
vote. Members shall respond “Aye” or “Nay.”
2. Failure to Vote:
a. All members of the CouncilCouncilmembers in attendance ofat a
duly called Meeting that requires formal Council action are required
to vote. A member may abstain from voting only if he or /she has a
conflict of interest under State law, in which case such member shall
take no part in the deliberations on the matter in question.
b. Should a Council MemberCouncilmember fail to vote or offer a
voluntary abstention, his/her vote shall be counted with the majority
of votes cast, unless the Councilmember’s vote is excused by the
State law; however, in the event of a tie vote, his/her vote shall be
counted as “Aye.”
3. Reconsideration: Any member of the CouncilCouncilmember who voted
with the majority may move a reconsideration of any action at the same or
next regular Meeting. After a motion for reconsideration has once been
acted upon, no other motion for reconsideration thereof shall be made
without the unanimous consent of the Council.
4. The affirmative vote of a majority of a Quorum shall be required for
passage of any matter before the Council.
SECTION 7. CONFLICT OF INTEREST
7.1 INTRODUCTION
Occasionally, a Council MemberCouncilmember may find himself/herself in a situation that
requires a Council MemberCouncilmember remove himself/herself from participation in
discussion and voting on a matter before the Council. This situation exists when the Council
MemberCouncilmember has a “conflict of interest” as defined by the Arizona Conflict of Interest
Law. This law establishes minimum standards for the conduct of public officers and employees
who, in their official capacity, are, or may become involved with, a decision, which might unduly
affect their personal interests or those of their close relatives.
7.2 PURPOSE OF CONFLICT OF INTEREST LAWS
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The purpose of Arizona’s Conflict of Interest Law is to prevent self-dealing by public officials and
to remove or limit any improper influence, direct or indirect, which might bear on an official’s
decision, as well as to discourage deliberate dishonesty.
7.3 APPLICABILITY OF THE ARIZONA CONFLICT OF INTEREST LAW
The Arizona Conflict of Interest Law, as now set forth or as amended in the future, applies to all
actions taken by Council MembersCouncilmembers, Board members, Commissioners, and
Committee members.
7.4 DISCLOSURE OF INTEREST
Any Council MemberCouncilmember, 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 Council Membermember who has a conflict of interest in
any decision must disclose that interest. The Council Member may either file a signed, written
disclosure statement fully disclosing the interest, or declare the existence of the conflict and the
reasons therefore at a at the Meeting and then ensure that a copy of the Minutes is filed in the
Clerk’s Office in the file containing conflict of interest disclosures. The Disclosurein writing on a
form provided by the Town Clerk. The disclosure of the conflict shall include a statement that the
Council Membermember withdraws from further participation regarding the matter. The Town
Clerk or designee shall maintain for public inspection all documents necessary to memorialize all
disclosures of a conflict of interest by a Council Membermember.
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7.5 WITHDRAWAL FROM PARTICIPATION
Having disclosed the conflict of interest and withdrawn in the matter, the Council
MemberCouncilmember, 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 Council Membermember should not otherwise attempt to influence the
decision and should remove himself/herself from the Council Chamber, or other location where a
meeting is being held, while the matter is considered. Failure to disclose any conflict of interest is
addressed in Section 7.8 below.
7.6 RULE OF IMPOSSIBILITY
In the unlikely situation that the majority of Council MembersCouncilmembers, 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, Membersmembers may
participate in the Council’s 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 (iA) part of
the compensation they would normally be entitled to for performing their duties or (iiB) 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.
7.9 NON-STATUTORY CONFLICTS OF INTEREST
Occasionally, a Council MemberCouncilmember, Board member, Commissioner, or Committee
member may feel that he/she should ethically refrain from participation in a decision even though
the circumstances may not amount to a conflict of interest under the State law described above. It
is the policy of the Council to encourage Council Membersmembers to adhere to strongly held
ethical values, which are exercised in good faith. However, subsection 6.6.E.6.6(E)(2) above
encourages participation in the decision making process unless the matter involves a statutory
conflict of interest set forth by State law. Therefore, failure to vote on a matter for any reason other
than a conflict of interest under State law shall be considered a vote cast with the majority or, if no
majority exists, it shall be considered an “aye” vote.
SECTION 8. CODE OF ETHICS
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 Town Council and members of the Town’s
boards, commissions, and committees.
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In furtherance of this purpose, we shall:
8.1 OBEY THE CONSTITUTION AND LAWS OF THE UNITED STATES OF
AMERICA, THE CONSTITUTION, AND LAWS OF THE STATE OF ARIZONA
AND THE LAWS OF THE TOWN OF FOUNTAIN HILLS.
8.2 BE DEDICATED TO THE CONCEPTS OF EFFECTIVE AND DEMOCRATIC
LOCAL GOVERNMENT THROUGH DEMOCRATIC LEADERSHIP.
We shall honor and respect the principles and spirit of representative democracy and shall
set a positive example of good citizenship by scrupulously observing the letter and spirit of
laws, rules, and regulations.
8.3 AFFIRM THE DIGNITY AND WORTH OF THE SERVICES RENDERED BY
THE TOWN GOVERNMENT AND MAINTAIN A DEEP SENSE OF SOCIAL
RESPONSIBILITY AS A TRUSTED PUBLIC SERVANT.
8.4 BE DEDICATED TO THE HIGHEST IDEALS OF HONOR, ETHICS, AND
INTEGRITY IN ALL PUBLIC AND PERSONAL RELATIONSHIPS.
A. Public Confidence. We shall conduct ourselves so as to maintain public confidence
in Town government and in the performance of the public trust.
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.
8.5 RECOGNIZE THAT THE CHIEF FUNCTION OF LOCAL GOVERNMENT IS
AT ALL TIMES TO SERVE THE BEST INTERESTS OF ALL THE PEOPLE.
We shall treat our office as a public trust, only using the power and resources of public
office to advance public interests and not to attain personal benefit or pursue any other
private interest incompatible with the public good.
8.6 KEEP THE COMMUNITY INFORMED ON MUNICIPAL AFFAIRS;
ENCOURAGE COMMUNICATION BETWEEN THE CITIZENS AND ALL
MUNICIPAL OFFICERS; EMPHASIZE FRIENDLY AND COURTEOUS
SERVICE TO THE PUBLIC; AND SEEK TO IMPROVE THE QUALITY AND
IMAGE OF PUBLIC SERVICE.
A. Accountability. We shall ensure that government is conducted openly, efficiently,
equitably, honorably, and in a manner that permits the citizens to become fully
informed to allow them to hold Town officials accountable.
B. Respectability. We shall safeguard public confidence in the integrity of Town
government by being honest, fair, caring, and respectful, and by avoiding conduct
1056145.2 25
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creating the unexplainable appearance of impropriety, or impropriety of which is
otherwise unbefitting a public official.
8.7 SEEK NO FAVOR; BELIEVE THAT PERSONAL BENEFIT OR PROFIT
SECURED BY CONFIDENTIAL OR PRIVILEGED INFORMATION OR BY
MISUSE OF PUBLIC TIME IS DISHONEST.
A. Private Employment. We shall take any steps necessary to ensure that we comply
with the State law regarding conflicts of interest when we engage in, solicit,
negotiate for, or promise to accept private employment or render services for
private interests or conduct a private business.
B. Confidential Information. We shall not disclose to others, or use to further our
personal interest, confidential information acquired in the course of our official
duties.
C. Gifts. We shall not directly or indirectly, in connection with service to the Town,
solicit any gift or accept or receive any gift - of any value - whether it be money,
services, loan, travel, entertainment, hospitality, promise, or any other form of
gratuity. This policy shall not apply to hospitality, transportation or other
assistance provided to Town officials when such hospitality, transportation of other
assistance is (i) directly related to their participation in community events as a
representative of the Town or (ii) of inconsequential value and accepted as a
courtesy.
D. Investment in conflict with official duties. We shall not invest or hold any
investment, directly or indirectly, in any financial business, commercial or other
private transaction that creates a conflict with our official duties.
E. Personal relationships. Personal relationships shall be disclosed in any instance
where there could be the appearance of conflict of interest or a conflict of interest.
8.8 CONDUCT BUSINESS OF THE TOWN IN A MANNER, WHICH IS NOT ONLY
FAIR IN FACT, BUT ALSO FAIR IN APPEARANCE.
8.9 PROMOTE UNDERSTANDING, MUTUAL RESPECT AND TRUST AMONG
MEMBERS OF COUNCIL, BOARDS, COMMISSIONS AND COMMITTEES
CONCERNING THEIR ROLES AND RESPONSIBILITIES WITH RESPECT TO
TOWN STAFF’S RESPONSIBILITY FOR IMPLEMENTING THE TOWN
COUNCIL’S POLICIES.
All members of the Council, boards, commissions, or committees shall acknowledge in
writing, on a form provided by the Town Clerk, receipt of these provisions relating to
ethics.
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SECTION 9. BOARDS, COMMISSIONS, AND COMMITTEES
The Fountain Hills’ Town Council may create such boards, commissions, and committees as
deemed necessary to assist in the conduct of the operation of Town government. The Town
Council may authorize and direct the Town Manager to establish ad hoc committees as needed in
order to provide additional flexibility with regard to conducting Town business.
9.1 REGULARLY SCHEDULED OR UNSCHEDULED BOARDS, COMMISSIONS
AND COMMITTEES
A. Classification. All boards, commissions, and committees of the Town shall be
classified as regularly scheduled or unscheduled boards, commissions, and
committees. Regularly scheduled boards, commissions, and committees are those
that meet on a regularly scheduled basis or may be quasi-judicial in nature.
Unscheduled boards, commissions, and committees meet on an as-called basis.
B. Regularly Scheduled. Regularly scheduled boards, commissions, and committees
include:
1. Planning and Zoning Commission
2. Parks and Recreation Commission
3. McDowell Mountain Preservation Commission
4. Community Center Advisory Commission
5. Public Safety Advisory Commission
6. Senior Services Advisory Commission
7. Strategic Planning Advisory Commission
C. Unscheduled. Unscheduled boards, commissions, and committees:
1. Ad Hoc Committees
2. Board of Adjustment
D. Sunset. Except for the Planning and Zoning Commission and Board of
Adjustment, any board, commission, or committee created shall cease to exist (i1)
upon the accomplishment of the special purpose for which it was created or (ii2)
when abolished by a majority vote of the Town Council.
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9.2 SELECTION OF BOARDSBOARD, COMMISSION, OR COMMITTEE
MEMBERS
A. Call for Applications. The call for applications to fill vacant seats tofor boards,
commission,commissions and committees shall include a request for:
1. A cover letter of interest.
2. A resume.
3. The “Background and Personal Data Outline” application that describes the
applicants’ skills, experience, and education background needed to ensure
the successful filling of the vacancy.
4. Responses to the supplemental questionnaire specific to a board,
commission, or committee application, if such questionnaire is included.
5. The consent to executive session form.
6. If a member whose term will be expiring wishes to reapply for an additional
term on the same board, commission or committee, such member is exempt
from filing those items listed in Subsections 9.2 (A)(1)–(4). However, such
member shall submit in writing, on a form provided by the Town Clerk that
includes a request for the Council’s consideration of reappointment in
addition to the consent to executive session as listed in Subsection
9.2(A)(5). The member may include any new or additional information that
is relevant to the original application already on file.
B. Advertising/Timing and Location. Staff liaisons shall be responsible for
advertising to fill vacant seats to boards, commissions, and committees for at least
two weeks and no later than two months, prior to the expiration of the current
board, commission, or committee member(s) term, via:
1. The Town’s government access channel.
2. Newspaper advertising.
3. The Town website.
And the4. The Town’s official posting sites as listed in Section 2-4-3
inof the Fountain Hills Town Code. The staff liaison shall be responsible
for submitting to the Town Clerk’s office the Affidavit of Established
Posting. Community Affairs/Media Relations Administrator services are to
be requested to place said notice on the Town’s government access channel
and website to meet the public notice requirements. The downloadable
application packet will be placed on the Town’s website for public access
1056145.2 28
1962907.6
with hard copies made available to the public through the Customer Service
Representative.
1056145.2 29
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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 meet.
6. The deadline for submitting applications.
7. Listing of applicant information required and location where application
packets may be obtained.
8. Tentative interview date(s).
9. Staff liaison contact information.
10. The dates of publication in the local paper.
D. Staff Review. Individuals applying for boards, commissions, or committees must
submit to the Town Clerkappropriate Staff Liaison those items as listed in
SectionSubsection 9.2(A) above by the published deadline. The Town ClerkStaff
Liaison will review the application(s) to ensure that the applicant(s) meet the
qualifications as listed in Section 9.4(A) and will then forward all application(s)
packets to the appropriate staff liaison after the deadlineSubsection 9.4(A) below.
E. Council Materials. The staff liaison to the board, commission, or committee will
assemble and copy all application packets and provide all supporting materials to
all Town Council MembersCouncilmembers.
F. Subcommittee Review/Interview. The Town 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. Interviews shall be conducted in
Executive Session unless the applicant requests the interview be held at a public
meeting.
G. Subcommittee Recommendation. After the interviews have concluded, the staff
liaison, shall prepare a Council Report and Action Form on behalf of the Town
Council or the Council Subcommittee chair shall advise the Mayor of the
subcommittee outlining their’s discussion and appointment recommendation(s) to
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the Mayor for action. Upon concurrence of the Mayor with the recommendations,
the.
H. Council Consideration. The staff liaison shall submit the report andagenda action
form to the Town Clerk according to the submission deadline for the next
appropriate Town 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.
H. 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 Town Council.
I. J. Notification of Council Action. Following the Council’s approval of the Mayor’s
appointment(s) to a board, commission, or committee, the staff liaison shall notify
appointees as to their appointment. 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 and committee vacancies.
J. 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, (2) taking the “oath of office” prior to attending their first
board, commission, or committee meeting and, (3) reading and signing the ethics
policy. The staff liaison will provide, (4) the Open Meeting Law Letter advising of
the State’s requirement for a person elected or appointed to review Arizona’s Open
Meeting Law materials at least one day before the day that person takes office, (5)
all official literature, agendas, minutes, or other materials specific to their
appointment and (6) information relating to the Town’s annual Arizona Open
Meeting Law training.
9.3 RECOMMENDATIONS FOR APPOINTMENTS TO BOARDS, COMMISSIONS
AND COMMITTEES
A. Appointments Subcommittee. The Mayor may annually appoint a Council
subcommitteeSubcommittees for board, commission and committee appointments.
TheEach subcommittee shall be made up of three Council
MembersCouncilmembers. The Mayor may appoint himself/herself to this
subcommittee. If no such subcommittee is appointed, at a minimum, a quorum of
the Fountain Hills Town Council shall review applications and conduct interviews
for the various boards, commissions, and committees to fill vacancies based upon
the applicants’ skills, experience, and background as required under Section 9.4.9.4
below.
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B. Subcommittee Purpose. The purpose of this subcommitteeCouncil Subcommittee
is to review applications, interview applicants, (typically in Executive Session) and
prepareprovide a recommendation to the Mayor for possible appointment to fill
vacancies based upon the applicants’ skills, experience, and background as
required under Section 9.4.9.4 below.
C. Appointment Timing. The process of application review and interviews will be
conducted in such a manner as to allow for the appointmentappointments 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 Town Council; except for members appointed to Youth
Commissioner position for youth representation.
2. A Fountain Hills’ resident for at least one year, unless the Town Council
specifically waives this time or residency requirement for a specific board,
commission or committee.
3. A qualified elector, except 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. Council MembersCouncilmembers are prohibited
from serving on regularly scheduled commissions as listed in SectionSubsection
9.1(B) above and the Board of Adjustment.
C. Pursuant to the Fountain Hills Town Code, 9-2-7, theEx-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 Town Council action, Town Code, or Arizona Revised Statutes
specifically designates terms.
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B. Staggered Terms for Smaller Boards. For those regularly scheduled boards,
commissions, and committees having five (5) members or fewer, the terms of
office shall be staggered so that no more than three (3) terms shall expire in any
single year when possible; provided, however, that no staggering of terms shall be
required for any boards, commission, or committee that will be in existence for a
single term.
C. Staggered Terms for Larger Boards. For those boards, commissions, and
committees having more than five (5) members but less than eight (8) members, the
terms of office shall be staggered so that no more than four (4) 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 boards, commissionsboard,
commission, and committeescommittee 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
Town 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 upon a vote of not less than four
Council MembersCouncilmembers for any reasonable cause as determined by the
Town Council.
G. Filling Vacancy. Whenever a vacancy has occurred on one board, commission, or
committee procedures described in Section 9.3Sections 9.2, 9.3, and 9.4 above will
be used to generate applicants, interview applicants, and make a recommendation
for a potential appointee.
H. Re-appointment. An incumbent member of a board, commission, or committee
seeking reappointment shall submit a new application under the provisions set forth
in Section 9.3 above and shall, in writing on a form provided by the Town Clerk
that includes a request for the Council’s consideration of reappointment in addition
to the consent to executive session form by the published deadline in order to be
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considered for appointment by the Town Council in the same manner as all other
applicants for such position. The member may include any new or additional
information that is relevant to the original application already on file
9.6 APPLICABILITY OF THE ARIZONA OPEN MEETING LAW
All boards, commissions, and committees are subject to the Arizona Open Meeting Law and
therefore shall attend the Town’s Annual Open Meeting Law training.
9.7 RESIDENCY REQUIREMENTS
Members of the Planning and Zoning Commission and Board of Adjustment shall be residents of
the Town. Members of the Parks and Recreation Commission, McDowell Mountain Preservation
Commission, Community Center Advisory Commission, and Public Safety Advisory Commission
should be residents of the Town of Fountain Hills. Any other boards, commissions, or committees
may have members who are not residents of the Town of Fountain Hills at the discretion of the
Town Council; provided, however, that the majority of the members of any such board,
commission, or committee should be residents, business owners, or property owners in the Town
of Fountain Hills.
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Document 1 ID interwovenSite://GRPHX_SQL/Phoenix/1056145/2
Description #1056145v2<Phoenix> - RULES - Council Rules of
Procedure Amended and Restated 7.2.09 v2
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1998035.1
RESOLUTION NO. 2013-26
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, APPROVING THE TOWN OF FOUNTAIN
HILLS, ARIZONA TOWN COUNCIL RULES OF PROCEDURE, AMENDED
AND RESTATED NOVEMBER 7, 2013.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, as follows:
SECTION 1. The Town of Fountain Hills, Arizona, Town Council Rules of Procedure,
Amended and Restated November 7, 2013, are hereby approved in substantially the form
attached hereto as Exhibit A and incorporated herein by reference.
SECTION 2. The Mayor, the Town Manager, the Town Clerk and the Town Attorney
are hereby authorized and directed to execute all documents and take all steps necessary to carry
out the purpose and intent of this Resolution.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
Arizona, November 7, 2013.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Linda M. Kavanagh, Mayor Bevelyn J. Bender, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Kenneth W. Buchanan, Town Manager Andrew J. McGuire, Town Attorney
1998035.1
EXHIBIT A
TO
RESOLUTION NO. 2013-26
[Town Council Rules of Procedure, Amended and Restated November 7, 2013]
See following pages.
1962907.6
TOWN OF FOUNTAIN HILLS, ARIZONA
TOWN COUNCIL
RULES OF PROCEDURE
AMENDED AND RESTATED
NOVEMBER 7, 2013
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TABLE OF CONTENTS
SECTION 1. RULES OF PROCEDURE/AUTHORITY..........................................................1
1.1 PROCEDURES.....................................................................................................1
1.2 PRESIDING OFFICER ........................................................................................1
1.3 PARLIAMENTARIAN ........................................................................................1
1.4 SUSPENSION OF THE RULES ..........................................................................1
SECTION 2. DEFINITIONS .......................................................................................................1
2.1 AGENDA ..............................................................................................................1
2.2 AGENDA PACKET .............................................................................................2
2.3 CONSENT AGENDA ..........................................................................................2
2.4 COUNCIL .............................................................................................................2
2.5 COUNCIL RULES ...............................................................................................2
2.6 MEETING.............................................................................................................2
2.7 NEWSPAPER .......................................................................................................2
2.8 NOTICE ................................................................................................................3
2.9 QUORUM .............................................................................................................3
2.10 TOWN...................................................................................................................3
SECTION 3. MEETINGS ............................................................................................................3
3.1 REGULAR MEETINGS ......................................................................................3
3.2 ADJOURNED MEETINGS .................................................................................3
3.3 SPECIAL MEETINGS .........................................................................................3
3.4 WORK SESSIONS ...............................................................................................4
3.5 EXECUTIVE SESSIONS .....................................................................................4
3.6 EMERGENCY MEETINGS ................................................................................4
3.7 MEETINGS TO BE PUBLIC ...............................................................................4
3.8 MINUTES OF MEETINGS .................................................................................4
SECTION 4. NOTICE AND AGENDA ......................................................................................5
4.1 POSTING NOTICES ............................................................................................5
4.2 AGENDA PREPARATION .................................................................................6
4.3 DISTRIBUTION OF NOTICES AND AGENDAS .............................................8
SECTION 5. ORDER OF BUSINESS ........................................................................................9
5.1 ORDER OF BUSINESS .......................................................................................9
5.2 REGULAR MEETINGS ......................................................................................9
5.3 SPECIAL MEETINGS .......................................................................................14
5.4 WORK SESSION MEETINGS ..........................................................................14
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SECTION 6. PROCEDURES FOR CONDUCTING THE MEETING ................................15
6.1 CALL TO ORDER .............................................................................................15
6.2 PARTICIPATION OF PRESIDING OFFICER .................................................15
6.3 QUESTION TO BE STATED ............................................................................15
6.4 RULES/DECORUM/ORDER ............................................................................15
6.5 TELECONFERENCE PROCEDURE ................................................................16
6.6 ADDRESSING THE COUNCIL ........................................................................16
SECTION 7. CONFLICT OF INTEREST ...............................................................................20
7.1 INTRODUCTION ..............................................................................................20
7.2 PURPOSE OF CONFLICT OF INTEREST LAWS ..........................................20
7.3 APPLICABILITY OF THE ARIZONA CONFLICT OF
INTEREST LAW................................................................................................20
7.4 DISCLOSURE OF INTEREST ..........................................................................20
7.5 WITHDRAWAL FROM PARTICIPATION .....................................................21
7.6 RULE OF IMPOSSIBILITY ..............................................................................21
7.7 IMPROPER USE OF OFFICE FOR PERSONAL GAIN ..................................21
7.8 SANCTIONS FOR VIOLATIONS ....................................................................21
7.9 NON-STATUTORY CONFLICTS OF INTEREST ..........................................21
SECTION 8. CODE OF ETHICS .............................................................................................21
8.1 OBEY LAWS .....................................................................................................22
8.2 DEMOCRATIC LOCAL GOVERNMENT/LEADERSHIP .............................22
8.3 SERVICES ..........................................................................................................22
8.4 RELATIONSHIPS ..............................................................................................22
8.5 FUNCTION OF LOCAL GOVERNMENT .......................................................22
8.6 SERVICE TO THE COMMUNITY ...................................................................22
8.7 PERSONAL BENEFIT/PROFIT .......................................................................23
8.8 FAIR CONDUCT ...............................................................................................23
8.9 PROMOTE UNDERSTANDING/RESPECT/TRUST ......................................23
SECTION 9. BOARDS, COMMISSIONS AND COMMITTEES .........................................24
9.1 REGULARLY SCHEDULED OR UNSCHEDULED ......................................24
9.2 SELECTION .......................................................................................................25
9.3 RECOMMENDATION ......................................................................................27
9.4 QUALIFICATIONS FOR APPOINTMENTS; EMPLOYEES OR
APPOINTED OFFICERS AS MEMBERS ........................................................28
9.5 TERMS, VACANCIES, REMOVAL.................................................................28
9.6 APPLICABILITY OF THE ARIZONA OPEN MEETING LAW ....................30
9.7 RESIDENCY REQUIREMENTS ......................................................................30
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SECTION 1. RULES OF PROCEDURE/AUTHORITY
1.1 PROCEDURES
The following are the basis for and are used in conjunction with these basic Rules of Procedure
for meetings of the Council, Boards, Commissions and Committees:
A. State Law
B. Town Code, including these Council Rules
C. Parliamentary Procedure at a Glance, New Edition, by O. Garfield Jones
D. Roberts Rules of Order, 10th edition, as amended
In case of inconsistency, conflict, or ambiguity among the documents listed above, such
documents shall govern in the order in which they are listed.
1.2 PRESIDING OFFICER
As provided by the Town Code, the Mayor, or in the Mayor’s absence, the Vice-Mayor, is the
Presiding Officer of all Meetings of the Council. In the absence or disability of both the Mayor
and the Vice-Mayor, the Meeting shall be called to order by the Town Clerk, whereupon, the
Town Clerk shall immediately call for the selection of a temporary Presiding Officer. If a
majority of the Councilmembers present are unable to agree on a Presiding Officer for the
meeting, the meeting shall automatically be adjourned and all agenda items shall be carried over
to the next regular Council Meeting.
1.3 PARLIAMENTARIAN
The Town Attorney shall serve as Parliamentarian for all Meetings. The Town Clerk shall act as
Parliamentarian in the absence of the Town Attorney and the Town Manager shall act as
Parliamentarian in the absence of both the Town Attorney and Town Clerk.
1.4 SUSPENSION OF THE RULES
The Council, by a three-quarter vote of all members present, may suspend strict observance of
these Council Rules or other policies and procedures for the timely and orderly progression of
the Meeting; provided, however, that a simple majority of the Council may cause a change in the
order of items on the Agenda.
SECTION 2. DEFINITIONS
2.1 AGENDA
As set forth in the Order of Business, an Agenda is a formal listing of items to be considered by
(i) the Council at a noticed meeting of the Council or (ii) the applicable Board, Commission or
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Committee at a noticed meeting of that body. The content of the Agenda may not be changed
less than 72 hours prior to the public meeting, except in exceptional circumstances, but in no
event shall the Agenda be altered less than 24 hours prior to the public meeting, unless otherwise
authorized by State law.
2.2 AGENDA PACKET
A compilation of documents supporting the items listed on the Agenda and requiring Council
consideration or action, which may be used by Council, staff and the public for more in-depth
information than may be presented in an oral report. The Agenda Packet is organized as set forth
in the Order of Business in Section 5 below and is made available electronically to the Council
or to any citizen on the Town’s website: www.fh.az.gov by 6:00 p.m. the Thursday prior to the
date of the meeting.
2.3 CONSENT AGENDA
Items listed on the Consent Agenda are considered to be routine, non-controversial matters and
will be enacted by one motion and one roll call vote of the Council. All motions and subsequent
approvals of Consent Agenda items will include all recommended staff stipulations unless
otherwise stated. There will be no separate discussion of these items unless a Councilmember or
member of the public so requests. If a Councilmember or member of the public wishes to
discuss an item on the consent agenda, he/she may request so prior to the motion to accept the
Consent Agenda or by notifying the Town Manager prior to the date of the meeting. The item
will be removed from the Consent Agenda and considered in its normal sequence on the Agenda.
2.4 COUNCIL
Collectively, the Mayor and Common Council of the Town of Fountain Hills.
2.5 COUNCIL RULES
These Town of Fountain Hills, Arizona, Town Council Rules of Procedure.
2.6 MEETING
The gathering, in person or by technological devices, of a quorum of the Council, Boards,
Commissions or Committees, at which the Councilmembers, Board members, Commissioners, or
Committee members discuss, propose or take legal action, including any deliberations by a
quorum with respect to such action. If a quorum is not present, those in attendance will be
named for the record by the Town Clerk or the staff liaison for a Board, Commission or
Committee.
2.7 NEWSPAPER
A daily or weekly paid publication of general circulation within the Town of Fountain Hills,
Arizona.
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2.8 NOTICE
A formal announcement to the public that sets the date, time and the place at which a Meeting
will be held. Such notice of Meetings shall be in accordance with the State law, the Town Code
and these Council Rules.
2.9 QUORUM
The minimum number of Members of the Council, Board, Commission, or Committee that must
be present in order for business to be legally transacted. With a seven-member body, a quorum
is four Members, unless otherwise specifically authorized by State law.
2.10 TOWN
The Town of Fountain Hills, an Arizona municipal corporation.
SECTION 3. MEETINGS
3.1 REGULAR MEETINGS
A. Regular Meeting Date; Time. The Council shall hold regular Meetings on the
first and third Thursday of each month at 6:30 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. All
regular Meetings shall be held at the Town Hall Council Chambers or at such
place as may be prescribed by the Mayor or the Town Manager. The Council
may provide for a “Call to the Public” at such regular Meetings.
B. Holidays. When the day for a regular Meeting of the Council falls on a legal
holiday, no Meeting shall be held on such holiday, but such Meeting shall be held
at the same time and the same location on the day designated by the Council that
is not a holiday, unless the meeting is otherwise cancelled by the Council.
3.2 ADJOURNED MEETINGS
Any Meeting may be adjourned to a time, place and date certain, but not beyond the next regular
Council Meeting. Once adjourned, the Meeting may not be reconvened except at the time, date
and place provided for in the motion to adjourn.
3.3 SPECIAL MEETINGS
The Mayor, the Town Manager, or the Town Clerk (upon the written request of three
Councilmembers), may convene the Council at any time after giving at least 24 hours’ notice of
such Meeting to members of the Council and the general public. The notice shall include the
date, place, hour and purpose of such special Meeting. In the case of an actual emergency, a
Meeting may be held upon such notice as is appropriate to the circumstances.
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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 Meeting to members of the Council and the general
public. The notice shall include the date, place, hour and purpose of such special
Meeting.
B. Purpose. Work sessions are held for the purpose of presentations and discussions
on such issues that require more in-depth consideration of the Council than may
be possible at a regular Meeting. No formal action of the Council may be taken at
such Meetings, other than general consensus or conveying direction to staff for
further action. These Meetings shall not provide for a “Call to the Public.”
3.5 EXECUTIVE SESSIONS
Subject to applicable State law, the Council may hold such closed executive sessions as
necessary to conduct the business of the Town.
3.6 EMERGENCY MEETINGS
As provided for by State law, the Mayor and Council or the Town Manager may call a special
emergency Meeting to discuss or take action on an unforeseen issue where time is of the essence
and sufficient time does not provide for the posting of a Meeting notice 24 hours or more before
the Meeting. Notice of an emergency Meeting of the Council will be posted within 24 hours
following the holding of an emergency Meeting. The notice will include the emergency
Meeting’s Agenda and a brief but complete description of the nature of the emergency.
Emergency Meetings shall not provide for a “Call to the Public.”
3.7 MEETINGS TO BE PUBLIC
A. Open to Public. With exception of executive sessions, all regular, special and
work session Meetings of the Council, Boards, Commissions, and Committees
shall be open to the public.
B. Public Comment. Public comment (Call to the public) is not taken at work
sessions, emergency Meetings or at special Meetings, unless the special Meeting
is held in place of a regular Meeting, or unless the special Meeting includes a
public hearing on the Agenda.
3.8 MINUTES OF MEETINGS
A. Staffing. The Town Clerk shall ensure staff attendance at all regular, special,
work session, emergency and executive session Meetings of the Council for the
purpose of taking notes and/or audio recordation of the Meeting. The Town staff
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liaison to each Board, Commission or Committee shall ensure staff attendance at
all Meetings for the purpose of taking notes and/or audio recordings of the
Meetings.
B. Recordings; written minutes. To the extent possible, all open, public Meetings
shall be recorded by means of audio or video technology. In addition, written
minutes reflecting legislative intent shall be taken so that an accounting of the
issues discussed and actions taken is compiled and entered into the permanent
Minute Book of the Town and kept on file and of record in the Office of the Town
Clerk. Audio or video recordings of Meetings will be retained for a period of
time in accordance with the current Town of Fountain Hills and/or State of
Arizona approved records retention and disposition schedules. Minutes shall
identify speakers by name and shall indicate whether they are Fountain Hills
residents, and whether they support or oppose the proposed action (i.e. “for” or
“against”) along with a summary of the speakers’ verbal comments provided at
the meeting.
C. Availability. All Meeting minutes of the Council, Boards, Commissions, and
Committees are deemed to be public records, with the exception of executive
session minutes, which, while they fall under the definition of and are considered
public records by State law, are deemed confidential and are only available under
limited conditions or by Court Order. Transcribed minutes, or the audio or video
recordings of all open Meetings of the Council, Boards, Commissions, and
Committees must be available for public review by 5:00 p.m. on the third working
day following each Meeting, or as provided by State law. The Town Clerk or
designee shall ensure that the Minutes of all regular, special and work-study
Meetings of the Council, Boards, Commissions, and Committees are made
available through the Town’s Web Site, www.fh.az.gov within two working days
following their approval, or as provided by State law.
D. Executive Sessions. Minutes of executive sessions (1) shall be confidential,
(2) are maintained and secured by the Town Clerk and (3) may be accessed only
as provided by State law.
E. Approval. Minutes of all Meetings of the Council (other than Executive Sessions)
may be approved under the consent agenda, unless removed for discussion and
separate action.
SECTION 4. NOTICE AND AGENDA
4.1 POSTING NOTICES
A. Time. The Town Clerk, or authorized designee, shall prepare all public Meeting
notices of the Council, and shall ensure posting of the Meeting notices no less
than 24 hours before the date and time set for said Meetings in accordance with
State law. The staff liaison to each Board, Commission or Committee shall
ensure that agendas are posted in the same manner as for the Council.
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B. Locations. Meeting notices shall be posted at a minimum of three locations
within the Town, including the Community Center, Town Hall and the Town’s
website [www.fh.az.gov].
4.2 AGENDA PREPARATION
A. Availability. The Town Manager, or authorized designee, shall prepare the
Agendas for all Meetings of the Council as set forth below. Agendas of all
Meetings of the Council shall generally be available to the public no less than 72
hours prior to said Meetings, except in exceptional circumstances. In no event
shall the Agenda be made available less than 24 hours prior to said Meeting.
Agendas and Agenda packet materials are made available through the Town’s
web site. The staff liaison to each Board, Commission or Committee shall ensure
that the agenda is available in the same manner as required for the Council.
B. Submittal Process. Items may be placed on the Council Agenda for discussion
and possible action by the following process (the Agenda process for Boards,
Commissions or Committees shall be as determined by the applicable Department
Head which shall be substantially the same as the Council agenda submittal
process):
1. All Departments: Preparation of the Agenda Action form with signatures
of the department director and staff (including all attachments) provided to
the Town Clerk for submittal to the Town Manager not later than two
business days prior to Agenda Packet preparation day (the Thursday prior
to Meeting date). Town Manager approves/amends items and signs off,
finalizing the item for inclusion in the Agenda Packet.
2. Mayor and Councilmembers: The Mayor or three Councilmembers may
direct the Town Manager through a written request to place an item on an
Agenda for action. Any Councilmember may direct the Town Manager to
place an item on a future Agenda during the “Council
Discussion/Direction to Town Manager” portion of a Meeting for
discussion relating only to the propriety of (i) placing such item on a
future Agenda for action or (ii) directing staff to conduct further research
and report back to the Council.
3. Town Manager and Town Attorney: The Town Manager or Town
Attorney may place an item on the Agenda by including appropriate
documentation.
4. Citizen or Group: A citizen or group may apply to have an item placed on
the Agenda as follows:
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a. Obtain a “Scheduled Public Appearance/Presentation” form from
the Town Clerk and, when completed, return it to the Town Clerk
for submission to the Town Manager and the Mayor.
b. The Town Manager or authorized designee shall research the issue
to determine if it may be handled administratively or will require
Council discussion. If it is determined that the matter should be
placed before the Council, the Town Manager shall ensure that
documentation, if any, is compiled and the material included in the
Agenda Packet. If the Town Manager and the Mayor determine
that the subject should not be placed on the Agenda, an individual
wishing to have an item on the Agenda as a “Scheduled Public
Appearance” may obtain the written request of three
Councilmembers to place the item on the Agenda, and submit that
request to the Town Manager.
c. The Town Manager may postpone the requested
appearance/presentation date, if additional staff time is needed to
research a proposed Agenda item.
C. Time Lines for Submission of Items.
1. Agenda items shall be submitted to the Town Manager by 2:00 p.m., not
less than nine calendar days prior to regular and special Meetings to
ensure timely delivery to Councilmembers.
2. Agenda items for Work-Study Meetings shall be submitted to the Town
Manager by 2:00 p.m., not less than seven calendar days prior to the
meeting to ensure timely delivery to Councilmembers.
3. The Town Manager may approve exceptions to the schedule above in
order to ensure that the distribution of all Agenda Packets to the Council is
in conformance with these Council Rules.
4. Any requests requiring audio/visual support must be submitted to the
Town Clerk for coordination with the information and technology division
a minimum of 48 hours prior to the Meeting to ensure proper coordination
and preparation. Department directors are responsible for obtaining
presentation materials from applicants or presenters involved in their
respective Agenda items.
D. Agenda Item Submittals for Council Executive Sessions. Items may be placed on
the Agenda for Council executive session discussion (if in compliance with the
Town Code and applicable State Statutes) by the following process:
1. Submission by a Councilmember, the Town Manager or the Town
Attorney (with notice to all Councilmembers).
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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 discussion, prior to placement on the Agenda, to ensure
that the item is the proper subject of an executive session pursuant to State
law.
4. The Town Attorney shall advise the Town Clerk regarding the appropriate
Agenda language of executive session items.
E. Agenda Packets. Full Agenda Packets for all noticed Meetings (except executive
session documentation) of the Council shall be made available to
Councilmembers electronically, generally seven days before Regular Meetings
and five days before Work-Study Meetings; provided, however, that Agenda
Packets may be supplemented later under special circumstances so long as no
Agenda Packet material is made available less than 72 hours prior to the Meeting,
except in the case of exceptional circumstances or an emergency Meeting.
F. Removal Requests. Requests to remove items from the Consent Agenda
occurring after the 72 hour posting deadline will be announced by the Mayor at
the beginning of the meeting at which the item was scheduled. The posted
Agenda will remain unchanged.
4.3 DISTRIBUTION OF NOTICES AND AGENDAS
A. Copies. The Town Clerk shall ensure that the Mayor and Council receive copies
of all Meeting notices and Agendas and any documentation provided for said
Meeting electronically, not less than 72 hours prior to the Meeting, unless
exceptional circumstances require a later delivery.
B. Distribution. The Town Clerk shall ensure that the Meeting notices, Agendas and
packet documentation, as deemed necessary, are posted to the Town’s website:
www.fh.az.gov and made available to the Mayor and Council, the public, Town
Manager, Town Attorney, and staff electronically by 6:00 p.m. on the Thursday
prior to the date of the meeting.
C. Amendments. A posted Agenda may be amended up to 72 hours prior to such
meeting. In exceptional circumstances, such Agenda may be amended up to, but
not less than, 24 hours prior to the designated Meeting, unless otherwise
authorized by State Law. Amended Agendas shall indicate the date amended.
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SECTION 5. ORDER OF BUSINESS
5.1 ORDER OF BUSINESS
The Order of Business of each Meeting shall be as contained in the Agenda. The Agenda shall
be a sequentially numbered listing by topic and a brief description of business items that shall be
taken up for consideration.
5.2 REGULAR MEETINGS
The Agenda shall be prepared in the following order:
AGENDA
Call To Order & Pledge Of Allegiance
Invocation/Moment of Reflection
Roll Call
Mayor’s Report (including proclamations)
Scheduled Public Appearances/Presentations (if any)
Call to the Public (Non-agenda items) (preceded by the following paragraph)
Pursuant to ARIZ. REV. STAT. § 38-431.01(H), public comment is permitted (not
required) on matters not listed on the agenda. Any such comment (i) must be
within the jurisdiction of the Council and (ii) is subject to reasonable time, place
and manner restrictions. The Council will not discuss or take legal action on
matters raised during “Call to the Public” unless the matters are properly noticed
for discussion and legal action. At the conclusion of the call to the public,
individual Councilmembers may (i) respond to criticism, (ii) ask staff to review
the matter or (iii) ask that the matter be placed on a future Council agenda.
Consent Agenda (preceded by the following explanatory paragraph)
All items listed are considered to be routine, non-controversial matters and will be
enacted by one motion and one roll call vote of the Council. All motions and
subsequent approvals of consent items will include all recommended staff
stipulations unless otherwise stated. There will be no separate discussion of these
items unless a Councilmember or member of the public so requests. If a
Councilmember or member of the public wishes to discuss an item on the consent
agenda, he/she may request so prior to the motion to accept the Consent Agenda
or with notification to the Town Manager or Mayor prior to the date of the
meeting for which the item was scheduled. The item will be removed from the
Consent Agenda and considered in its normal sequence on the Agenda.
Action Items (grouped by subject to the extent possible)
Council Discussion/Direction to Town Manager (Items for future Agendas)
Summary of Council Requests and Report on Recent Activities by Town Manager
Adjournment
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All Agendas shall have the following statement placed at the bottom:
The Town of Fountain Hills endeavors to make all public Meetings accessible to persons
with disabilities. Please call 837-2003 (voice) or 1-800-367-8939 (TDD) 48 hours prior
to the Meeting to request a reasonable accommodation to participate in this Meeting or
to obtain Agenda information in large print format.
A. Roll Call. Following the Call to Order and the Pledge of Allegiance, the Moment
of Reflection or Invocation and before proceeding with the business of the
Council, the Presiding Officer shall direct the Town Clerk or authorized designee
to call the Roll, and the names of Councilmembers both present and absent shall
be entered into the minutes. The order of roll call shall be: Mayor, Vice Mayor
and then Councilmembers from the Mayor’s far right to the Mayor’s far left.
B. Mayor’s Report. The Mayor may use “Mayor’s Report” to read proclamations or
conduct other ceremonial matters as listed on the posted Agenda.
C. Scheduled Public Appearances/Presentations. The process set forth in
Subsection 4.2(B)(4) above applies to members of the public or groups wishing to
place an item on the Agenda under “Scheduled Public
Appearances/Presentations”. If the request is approved by the Town Manager and
the Mayor, the item will appear on the agenda. Councilmembers may use
“Scheduled Public Appearances/Presentations” section to provide an update of
official activities, as listed on the posted Agenda.
D. Call to the Public.
1. All citizens and interested parties will be limited to a maximum of three
minutes to address the Council on a non-Agenda item.
2. All citizens and interested parties wishing to speak before the Council shall
fully complete a speaker’s request form. Speaker Cards submitted by those
who indicate they will not speak will be grouped together in the order in
which the cards were received and by the categories of “for” and “against”
relating to the proposed agenda item as indicated on the Speaker Card. The
Town Clerk will announce the number of cards received, if any, and
number received per category.
3. At the conclusion of each citizen’s comments, the Presiding Officer may
take any or all of the following actions:
a. Thank speaker for addressing issue.
b. Ask staff to review matter.
c. Ask that a matter be put on a future Agenda.
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d. Permit individual Councilmembers to respond to criticism raised
during the Call to the Public.
E. Consent Agenda.
1. The Consent Agenda includes items that are of such a nature that
discussion is not required, or issues that have been previously studied by
the Council. These items may be adopted by one motion and a roll call
vote.
2. There is no detailed discussion on items listed under the Consent Agenda,
unless a member of the Council or any member of the public in attendance
at the Meeting requests that an item or items be removed for discussion.
Councilmembers or the public may not ask a question without removal of
the item from the Consent Agenda.
3. Items removed from the Consent Agenda are considered in their normal
sequence as listed on the Agenda, unless called out of sequence as
provided under Section 1.4 (Suspension of the Rules) above.
4. At the discretion of the Presiding Officer light and/or sound signals may
be used to indicate the commencement of the time for speaking and a
warning light may flash to show that the appropriate time has passed. A
red light will signal that there is no longer any remaining time.
F. Action Items.
1. At the time each business item is presented to the Council, the Town staff
shall present a report on the subject and the applicant, if any, may also
speak. The Mayor or the Town Clerk, or authorized designee, will then
call the speaker cards of those citizens desiring input and comments. All
citizens and interested parties wishing to speak before the Council shall
fully complete speaker request forms and submit the forms to the Town
Clerk, or authorized designee, prior to Council discussion of that Agenda
item. Sufficient speaker request forms shall be located in the Council
Chamber’s Lobby (the public entry area into the Chamber) and at the
Town Clerk’s position on the dais. Completed speaker request forms will
be retained by the Town Clerk until the draft minutes are approved by the
Council at a subsequent meeting. Speakers’ names and comments will be
summarized and included the meeting minutes. Speakers will be called in
the order in which the speaker cards were received. If a speaker chooses
not to speak when called, such speaker will be deemed to have waived
his/her opportunity to speak on that matter.
2. Those speaking before Council will be allowed three contiguous minutes
to address Council, but time limits may be waived by (a) discretion of the
Town Manager upon request by the speaker not less than 24 hours prior to
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a Meeting, (b) consensus of the Council at a Meeting or (c) the Mayor
either prior to or during a Meeting. Speakers may not (a) reserve a portion
of their time for a later time or (b) transfer any portion of their time to
another speaker.
3. The purpose of all public comments is to provide information and the
speaker’s views for Council consideration. It is not appropriate for the
speakers to question directly, or debate the matter under consideration
with staff, other speakers, the audience or Councilmembers; all remarks
will be addressed to the Presiding Officer and not to individual
Councilmembers. All comments shall be addressed through the Presiding
Officer who shall decide if any response is warranted and who, if anyone,
shall address the concern. Councilmembers may request, upon
recognition by the Presiding Officer, clarification of comments or
materials presented by the speakers, any applicant’s representatives or
Town staff; provided, however, that no Councilmember shall engage in
debate directly with such speakers, representatives or Town staff.
4. Proper decorum, in accordance with Section 6.4 below, must be observed
by Councilmembers, by speakers in providing testimony and remarks and
by the audience. In order to conduct an orderly business Meeting, the
Presiding Officer shall keep control of the Meeting and shall require the
speakers and audience to refrain from abusive or profane remarks,
disruptive outbursts, applause, protests or other conduct that disrupts or
interferes with the orderly conduct of the business of the Meeting.
Personal attacks on Councilmembers, Town staff or members of the public
are not allowed.
5. 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 and, if appropriate, ask the staff to provide a
report of the matter.
b. The Presiding Officer will then ask the applicant to speak
regarding the matter.
c. At the conclusion of the staff report and/or presentation by the
applicant, the Presiding Officer will open the public hearing for
comments from the public.
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.
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e. The Presiding Officer may then call for a motion and second, if
applicable, and ask if Council wishes to discuss the issue. Council
may then proceed to discuss the matter.
f. Upon the conclusion of Council comment, the Presiding Officer
will call for action on the motion.
g. Exhibits, letters, petitions, and other documentary items presented
or shown to the Council on a public hearing item become part of
the record of the public hearing and shall be maintained by the
Town Clerk.
h. 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 ½” X 11”) of large graphic
exhibits should be provided as part of the sets of materials for
distribution as provided above. The appropriate staff member shall
be responsible to notify applicants of this requirement.
6. Questions or comments from the public shall be limited to the subject
under consideration. Depending upon the extent of the Agenda and the
number of persons desiring to speak on an issue, the Presiding Officer
may, at the beginning of the Agenda item, limit repetitive testimony, but
in no event to less than three minutes per topic. Upon approval of (a) the
Presiding Officer or (b) a majority of the Council, persons may be allowed
to speak longer than three minutes. Councilmembers may ask the
individual speaker questions through the Presiding Officer.
7. Quasi-judicial hearings shall be conducted in accordance with the
principles of due process, and the Town Attorney shall advise the Council
in this regard.
G. Council Discussion/Direction to Town Manager. The Council may (1) give
direction to the Town Manager to follow-up on matters presented at that Meeting,
(2) to bring an item before the Council on a future Agenda for discussion and
possible action, or (3) direct staff to conduct further research and report back to
the Council.
H. Summary of Council Requests and Report on Recent Activities by Town
Manager. At the conclusion of the Council Discussion/Direction to Town
Manager, the Town Manager shall review with the Council all matters raised at
that Meeting requiring follow-up from the Town Manager or Town staff. The
Town Manager may also suggest timelines for such follow-up.
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I. Adjournment. The open, public Meetings of the Council may be adjourned by
consensus of the Council.
5.3 SPECIAL MEETINGS
A. As Substitute for Regular Meeting. If a Special Meeting is being held as an
extension of or in place of a Regular Meeting, the Agenda shall be as set forth for
a Regular Meeting.
B. Generally. For all other Special Meetings, the Agenda shall be prepared in the
following order:
AGENDA
Call To Order
Roll Call
Consent Agenda (if needed – explanatory paragraph same as regular Meeting)
Action Items (grouped by subject to the extent possible)
Adjournment
5.4 WORK SESSION MEETINGS
The primary purpose of work session Meetings is to provide the Council with the opportunity for
in-depth discussion and study of specific subjects. Public comment is not provided for on the
Agenda and may be made only as approved by consensus of the Council. In appropriate
circumstances, a brief presentation may be permitted by a member of the public or another
interested party on an Agenda item if invited by the Mayor and Council to do so. The Presiding
Officer may limit or end the time for such presentations.
The work session Agenda shall be prepared in the following order:
Call To Order
Roll Call
Work Session Statement (explanatory statement)
All Items Listed Are For Discussion Only. No Action Can Or Will Be Taken.
The primary purpose of work session Meetings is to provide the Council with the
opportunity for in-depth discussion and study of specific subjects. Public
comment is not provided for on the Agenda and may be made only as approved
by consensus of the Council. In appropriate circumstances, a brief presentation
may be permitted by a member of the public or another interested party on an
Agenda item if invited by the Mayor or the Town Manager to do so. The
Presiding Officer may limit or end the time for such presentations.
Agenda Items For Discussion (Items Numbered For Order)
Adjournment
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SECTION 6. PROCEDURES FOR CONDUCTING THE MEETING
6.1 CALL TO ORDER
A Meeting of the Council shall be called to order by the Presiding Officer, (the Mayor or in
his/her absence, by the Vice-Mayor). In the absence of both the Mayor and Vice-Mayor, the
Meeting shall be called to order by the Town Clerk, who shall immediately call for the selection
of a temporary Presiding Officer.
6.2 PARTICIPATION OF PRESIDING OFFICER
The Presiding Officer may debate from the Chair, subject only to such limitations of debate as
are imposed on all Councilmembers, and he/she shall not be deprived of any of the rights and
privileges of a Councilmember by reason of his/her acting as Presiding Officer. However, the
Presiding Officer is primarily responsible for the conduct of the Meeting.
6.3 QUESTION TO BE STATED
The Presiding Officer shall verbally restate, or shall ask the Town Clerk to verbally restate, each
question immediately prior to calling for discussion and the vote. Following the vote, the
Presiding Officer shall ask the Town Clerk or authorized designee to verbally announce the
results of voting, including the ayes, nays and abstentions. The Presiding Officer shall publicly
state the effect of the vote for the benefit of the audience before proceeding to the next item of
business. Formal votes shall not be taken at work sessions or executive sessions.
6.4 RULES/DECORUM/ORDER
A. Points of Order. The Presiding Officer shall determine all points of order after
consultation with the Parliamentarian, subject to the right of any member to
appeal such determination to the whole Council. If any appeal is taken, the
question (motion) shall be substantially similar to the following: “Shall the
decision of the Presiding Officer be sustained?” In which event, following a
second, a majority vote shall govern, and conclusively determine such question of
order.
B. Order and Decorum.
1. Councilmembers: Any Councilmember desiring to speak shall address the
Presiding Officer and, upon recognition by the Presiding Officer, may
speak.
2. Employees: Members of the administrative staff and employees of the
Town shall observe the same rules of procedure and decorum applied to
Councilmembers. The Town Manager shall ensure that all Town
employees observe such decorum and will direct the participation of any
staff member in the discussion of the Council. The Town Manager shall
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first be recognized by the Presiding Officer prior to addressing the
Council. Any staff member desiring to speak shall first be recognized by
the Town Manager.
3. Public: Members of the public attending the Meetings shall observe the
same rules of order and decorum applicable to the Council. Unauthorized
remarks or demonstrations from the audience, such as applause, stamping
of feet, whistles, boos or yells shall not be permitted by the Presiding
Officer, who may direct a law enforcement officer to remove such
offender/s from the room.
C. Enforcement of Decorum. Proper decorum is to be maintained during all
Meetings by the Council, staff and guests. It is the responsibility of the Presiding
Officer of the Meeting to ensure compliance with this Policy. The Presiding
Officer shall request that a speaker refrain from improper conduct; if the speaker
refuses, the Presiding Officer may end the speaker’s time at the podium. If the
speaker refuses to yield the podium after being asked to do so by the Presiding
Officer, the Presiding Officer may (1) recess the Meeting for a brief time (2) end
the speaker’s time at the podium or (3) direct a law enforcement officer present at
the Meeting to remove from the Meeting the person whose conduct is disorderly
or disruptive.
6.5 TELECONFERENCE PROCEDURE
Meetings may be conducted by teleconference as follows:
A. Prior Notice. When a Councilmember is unable to attend a Meeting and desires
to participate in the Meeting by telephone, the Councilmember shall be permitted
to do so provided he/she gives the Town Clerk, or authorized designee, notice of
his/her inability to be present at the Meeting at least 48 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
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shall be no loud vocalization (shouting or calling out) from the seating
area of the Council Chamber. At the podium, the speaker shall clearly
state his/her name for the record and shall indicate if he/she is a Town
resident.
2. Special assistance for sight and/or hearing-impaired persons can be
provided. Anyone requiring such assistance should contact the Town
Clerk 48 hours before a Meeting to request an accommodation to
participate in the Meeting.
B. Limitation Regarding Public Comment and Reports. The making of oral
communications to the Council by any member of the public during the “Call to
the Public: (Non-Agenda Items)” or under an action item, shall be subject to the
following limitations:
1. All citizens wishing to address the Council shall complete and submit a
speaker’s request form as set forth in Subsection 5.2(F) above.
2. The Presiding Officer may limit the number of speakers heard on non-
Agenda topics at any single Meeting to allow the Meeting to proceed and
end in a timely manner.
3. If it appears that several speakers desire to provide repetitive comments
regarding a single topic, the Presiding Officer may limit the number of
speakers.
C. Motions.
1. Processing of Motions: When a motion is made and seconded, it shall be
stated by the Presiding Officer before debate.
2. Precedence of Motions: When a motion is before the Council, no motion
shall be entertained except the following, which shall have precedence in
the following order:
a. Fix the time to adjourn
b. Adjourn
c. Recess
d. Raise a question of Privilege
e. Table
f. Limit or extend limits of debate
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g. Postpone to a certain time and date
h. Amend
i. Postpone Indefinitely
j. Main Motion
3. Motion to Postpone Indefinitely: A motion to postpone indefinitely is
used to dismiss an item on the Agenda. This motion is debatable, and
because it can be applied only to the main question, it can, therefore, only
be made while the main question is immediately pending (a motion and
second is on the floor). This motion is commonly used to postpone an
item until a more appropriate time.
4. Motion to Table: A motion to table enables the assembly to lay the
pending question aside temporarily when something else of immediate
urgency has arisen, in such a way that there is no set time for taking the
matter up again. A motion to table shall be used to temporarily by-pass
the subject. A motion to table shall not be debatable and shall preclude all
amendments or debate of the subject under consideration. If the motion
shall prevail, the matter may be “taken from the table” at any time prior to
the end of the next regular Meeting.
5. Motion to Limit or Terminate Discussion: Such a motion shall be used to
limit or close debate on, or further amendment to, the main motion. This
is referred to as “Call for the Question” and is the motion used to cut off
debate and to bring the group to an immediate vote on the pending motion;
it requires a two-thirds vote. The vote shall be taken by voice. If the
motion fails, debate shall be reopened; if the motion passes, a vote shall be
taken on the main motion.
6. Motion to Amend:
a. A motion to amend shall be debatable only as to the amendment.
A motion to amend an amendment on the floor shall not be in
order.
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).
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7. Motion to Continue: Motions to continue shall be debatable only as to the
propriety of postponement. Motions to continue to a definite time shall be
amendable and debatable as to propriety of postponement and time set
only.
D. Addressing the Council after Motion is Made. After the motion has been made,
or after a public hearing has been closed, no member of the public shall address
the Council without first securing permission from the Presiding Officer.
E. Voting Procedure. After discussion has been concluded and the Mayor, the
Councilmember who made the motion or the Town Clerk has restated the motion
under consideration, the following procedure shall apply:
1. Casting a Vote:
a. In acting upon every motion, the vote shall be taken by casting a
mechanical yes/no vote, voice, roll call or any other method as
determined by the Presiding Officer, by which the vote of each
member of the Public Body can be clearly ascertained and
recorded in the Meeting minutes. Upon the request of the Mayor
or a Councilmember, the vote shall be taken by roll call.
b. The vote on each motion shall be entered into the record by names
of the Councilmembers voting for or against. The Record also
shall include the names of any member not casting a vote by
reason of being absent from the room at the time of the vote.
c. If a Councilmember has declared a Conflict of Interest, the Town
Clerk shall include a statement such as “Abstained due to declared
Conflict of Interest” in the Official Minutes as part of the results of
the vote.
d. If the roll call method of voting is used, the Town Clerk or
designee shall call the names of all members in random order with
each new vote. Members shall respond “Aye” or “Nay.”
2. Failure to Vote:
a. All Councilmembers in attendance at a duly called Meeting that
requires formal Council action are required to vote. A member
may abstain from voting only if he/she has a conflict of interest
under State law, in which case such member shall take no part in
the deliberations on the matter in question.
b. Should a Councilmember fail to vote or offer a voluntary
abstention, his/her vote shall be counted with the majority of votes
cast, unless the Councilmember’s vote is excused by the State law;
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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.
After a motion for reconsideration has once been acted upon, no other
motion for reconsideration thereof shall be made without the unanimous
consent of the Council.
4. The affirmative vote of a majority of a Quorum shall be required for
passage of any matter before the Council.
SECTION 7. CONFLICT OF INTEREST
7.1 INTRODUCTION
Occasionally, a Councilmember may find himself/herself in a situation that requires a
Councilmember remove himself/herself from participation in discussion and voting on a matter
before the Council. This situation exists when the Councilmember has a “conflict of interest” as
defined by the Arizona Conflict of Interest Law. This law establishes minimum standards for the
conduct of public officers and employees who, in their official capacity, are, or may become
involved with, a decision, which might unduly affect their personal interests or those of their
close relatives.
7.2 PURPOSE OF CONFLICT OF INTEREST LAWS
The purpose of Arizona’s Conflict of Interest Law is to prevent self-dealing by public officials
and to remove or limit any improper influence, direct or indirect, which might bear on an
official’s decision, as well as to discourage deliberate dishonesty.
7.3 APPLICABILITY OF THE ARIZONA CONFLICT OF INTEREST LAW
The Arizona Conflict of Interest Law, as now set forth or as amended in the future, applies to all
actions taken by Councilmembers, Board members, Commissioners, and Committee members.
7.4 DISCLOSURE OF INTEREST
Any Councilmember, Board member, Commissioner, or Committee member who may have a
conflict of interest should seek the opinion of the Town Attorney as to whether a conflict exists
under the State law. Any member who has a conflict of interest in any decision must disclose
that interest at the Meeting and in writing on a form provided by the Town Clerk. The disclosure
of the conflict shall include a statement that the member withdraws from further participation
regarding the matter. The Town Clerk or designee shall maintain for public inspection all
documents necessary to memorialize all disclosures of a conflict of interest by a member.
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7.5 WITHDRAWAL FROM PARTICIPATION
Having disclosed the conflict of interest and withdrawn in the matter, the Councilmember, Board
member, Commissioner, or Committee member must not communicate about the matter with
anyone involved in the decision making process in any manner. Further, the member should not
otherwise attempt to influence the decision and should remove himself/herself from the Council
Chamber, or other location where a meeting is being held, while the matter is considered.
Failure to disclose any conflict of interest is addressed in Section 7.8 below.
7.6 RULE OF IMPOSSIBILITY
In the unlikely situation that the majority of Councilmembers, Board members, Commissioners,
or Committee members have a conflict of interest and the Council, Board, Commission or
Committee is unable to act in its official capacity, members may participate in the discussion
and decision after making known their conflicts of interest in the official records.
7.7 IMPROPER USE OF OFFICE FOR PERSONAL GAIN
Public officers and employees are prohibited from using or attempting to use their official
positions to secure valuable things or benefits for themselves, unless such benefits are (A) part of
the compensation they would normally be entitled to for performing their duties or (B) otherwise
permitted according to State Law.
7.8 SANCTIONS FOR VIOLATIONS
Violations of the conflict of interest provisions set forth herein shall be punished as provided for
in State law.
7.9 NON-STATUTORY CONFLICTS OF INTEREST
Occasionally, a Councilmember, Board member, Commissioner, or Committee member may feel
that he/she should ethically refrain from participation in a decision even though the
circumstances may not amount to a conflict of interest under the State law described above. It is
the policy of the Council to encourage members to adhere to strongly held ethical values, which
are exercised in good faith. However, subsection 6.6(E)(2) above encourages participation in the
decision making process unless the matter involves a statutory conflict of interest set forth by
State law.
SECTION 8. CODE OF ETHICS
The purpose of this policy for the Town is to ensure the quality of the Town Government
through ethical principles that shall govern the conduct of the Council and members of the
Town’s boards, commissions, and committees.
In furtherance of this purpose, we shall:
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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.
8.2 BE DEDICATED TO THE CONCEPTS OF EFFECTIVE AND DEMOCRATIC
LOCAL GOVERNMENT THROUGH DEMOCRATIC LEADERSHIP.
We shall honor and respect the principles and spirit of representative democracy and shall
set a positive example of good citizenship by scrupulously observing the letter and spirit
of laws, rules, and regulations.
8.3 AFFIRM THE DIGNITY AND WORTH OF THE SERVICES RENDERED BY
THE TOWN GOVERNMENT AND MAINTAIN A DEEP SENSE OF SOCIAL
RESPONSIBILITY AS A TRUSTED PUBLIC SERVANT.
8.4 BE DEDICATED TO THE HIGHEST IDEALS OF HONOR, ETHICS, AND
INTEGRITY IN ALL PUBLIC AND PERSONAL RELATIONSHIPS.
A. Public Confidence. We shall conduct ourselves so as to maintain public
confidence in Town government and in the performance of the public trust.
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.
8.5 RECOGNIZE THAT THE CHIEF FUNCTION OF LOCAL GOVERNMENT IS
AT ALL TIMES TO SERVE THE BEST INTERESTS OF ALL THE PEOPLE.
We shall treat our office as a public trust, only using the power and resources of public
office to advance public interests and not to attain personal benefit or pursue any other
private interest incompatible with the public good.
8.6 KEEP THE COMMUNITY INFORMED ON MUNICIPAL AFFAIRS;
ENCOURAGE COMMUNICATION BETWEEN THE CITIZENS AND ALL
MUNICIPAL OFFICERS; EMPHASIZE FRIENDLY AND COURTEOUS
SERVICE TO THE PUBLIC; AND SEEK TO IMPROVE THE QUALITY AND
IMAGE OF PUBLIC SERVICE.
A. Accountability. We shall ensure that government is conducted openly, efficiently,
equitably, honorably, and in a manner that permits the citizens to become fully
informed to allow them to hold Town officials accountable.
B. Respectability. We shall safeguard public confidence in the integrity of Town
government by being honest, fair, caring, and respectful, and by avoiding conduct
creating the unexplainable appearance of impropriety, or impropriety of which is
otherwise unbefitting a public official.
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8.7 SEEK NO FAVOR; BELIEVE THAT PERSONAL BENEFIT OR PROFIT
SECURED BY CONFIDENTIAL OR PRIVILEGED INFORMATION OR BY
MISUSE OF PUBLIC TIME IS DISHONEST.
A. Private Employment. We shall take any steps necessary to ensure that we comply
with the State law regarding conflicts of interest when we engage in, solicit,
negotiate for, or promise to accept private employment or render services for
private interests or conduct a private business.
B. Confidential Information. We shall not disclose to others, or use to further our
personal interest, confidential information acquired in the course of our official
duties.
C. Gifts. We shall not directly or indirectly, in connection with service to the Town,
solicit any gift or accept or receive any gift - of any value - whether it be money,
services, loan, travel, entertainment, hospitality, promise, or any other form of
gratuity. This policy shall not apply to hospitality, transportation or other
assistance provided to Town officials when such hospitality, transportation of
other assistance is (i) directly related to their participation in community events as
a representative of the Town or (ii) of inconsequential value and accepted as a
courtesy.
D. Investment in conflict with official duties. We shall not invest or hold any
investment, directly or indirectly, in any financial business, commercial or other
private transaction that creates a conflict with our official duties.
E. Personal relationships. Personal relationships shall be disclosed in any instance
where there could be the appearance of conflict of interest or a conflict of interest.
8.8 CONDUCT BUSINESS OF THE TOWN IN A MANNER, WHICH IS NOT ONLY
FAIR IN FACT, BUT ALSO FAIR IN APPEARANCE.
8.9 PROMOTE UNDERSTANDING, MUTUAL RESPECT AND TRUST AMONG
MEMBERS OF COUNCIL, BOARDS, COMMISSIONS AND COMMITTEES
CONCERNING THEIR ROLES AND RESPONSIBILITIES WITH RESPECT TO
TOWN STAFF’S RESPONSIBILITY FOR IMPLEMENTING THE COUNCIL’S
POLICIES.
All members of the Council, boards, commissions, or committees shall acknowledge in
writing, on a form provided by the Town Clerk, receipt of these provisions relating to
ethics.
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SECTION 9. BOARDS, COMMISSIONS, AND COMMITTEES
The Fountain Hills’ Council may create such boards, commissions, and committees as deemed
necessary to assist in the conduct of the operation of Town government. The Council may
authorize and direct the Town Manager to establish ad hoc committees as needed in order to
provide additional flexibility with regard to conducting Town business.
9.1 REGULARLY SCHEDULED OR UNSCHEDULED BOARDS, COMMISSIONS
AND COMMITTEES
A. Classification. All boards, commissions, and committees of the Town shall be
classified as regularly scheduled or unscheduled boards, commissions, and
committees. Regularly scheduled boards, commissions, and committees are those
that meet on a regularly scheduled basis or may be quasi-judicial in nature.
Unscheduled boards, commissions, and committees meet on an as-called basis.
B. Regularly Scheduled. Regularly scheduled boards, commissions, and committees
include:
1. Planning and Zoning Commission
2. Parks and Recreation Commission
3. McDowell Mountain Preservation Commission
4. Community Center Advisory Commission
5. Public Safety Advisory Commission
6. Senior Services Advisory Commission
7. Strategic Planning Advisory Commission
C. Unscheduled. Unscheduled boards, commissions, and committees:
1. Ad Hoc Committees
2. Board of Adjustment
D. Sunset. Except for the Planning and Zoning Commission and Board of
Adjustment, any board, commission, or committee created shall cease to exist (1)
upon the accomplishment of the special purpose for which it was created or (2)
when abolished by a majority vote of the Council.
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9.2 SELECTION OF BOARD, COMMISSION, OR COMMITTEE MEMBERS
A. Call for Applications. The call for applications to fill vacant seats for boards,
commissions and committees shall include a request for:
1. A cover letter of interest.
2. A resume.
3. The “Background and Personal Data Outline” application that describes
the applicants’ skills, experience, and education background needed to
ensure the successful filling of the vacancy.
4. Responses to the supplemental questionnaire specific to a board,
commission, or committee application, if such questionnaire is included.
5. The consent to executive session form.
6. If a member whose term will be expiring wishes to reapply for an
additional term on the same board, commission or committee, such
member is exempt from filing those items listed in Subsections
9.2 (A)(1)–(4). However, such member shall submit in writing, on a form
provided by the Town Clerk that includes a request for the Council’s
consideration of reappointment in addition to the consent to executive
session as listed in Subsection 9.2(A)(5). The member may include any
new or additional information that is relevant to the original application
already on file.
B. Advertising/Timing and Location. Staff liaisons shall be responsible for
advertising to fill vacant seats to boards, commissions, and committees for at least
two weeks and no later than two months, prior to the expiration of the current
board, commission, or committee member(s) term, via:
1. The Town’s government access channel.
2. Newspaper advertising.
3. The Town website.
4. The Town’s official posting sites as listed in Section 2-4-3 of the Fountain
Hills Town Code. The staff liaison shall be responsible for submitting to
the Town Clerk’s office the Affidavit of Established Posting. The
downloadable application packet will be placed on the Town’s website for
public access with hard copies made available to the public through the
Customer Service Representative.
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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 meet.
6. The deadline for submitting applications.
7. Listing of applicant information required and location where application
packets may be obtained.
8. Tentative interview date(s).
9. Staff liaison contact information.
10. The dates of publication in the local paper.
D. Staff Review. Individuals applying for boards, commissions, or committees must
submit to the appropriate Staff Liaison those items as listed in Subsection 9.2(A)
above by the published deadline. The Staff Liaison will review the application(s)
to ensure that the applicant(s) meet the qualifications as listed in Subsection
9.4(A) below.
E. Council Materials. The staff liaison to the board, commission, or committee will
assemble and copy all application packets and provide all supporting materials to
all Councilmembers.
F. Subcommittee Review/Interview. The Council subcommittee shall interview all
applicants, unless there are more than five applicants for each vacancy, in which
case the subcommittee may choose, at its discretion, to limit the number of
interviewed applicants to five per vacancy after meeting to review all of the
applications. The staff liaison will schedule an appropriate time to interview
qualified applicants in person or via telephone. Interviews shall be conducted in
Executive Session unless the applicant requests the interview be held at a public
meeting.
G. Subcommittee Recommendation. After the interviews have concluded, the staff
liaison or the Council Subcommittee chair shall advise the Mayor of the
subcommittee’s discussion and appointment recommendation(s).
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H. Council Consideration. The staff liaison shall submit the agenda action form to
the Town Clerk according to the submission deadline for the next appropriate
Council Meeting Agenda, including the following information: (1) a review of the
steps taken to recruit applicants, (2) the number of vacancies to be filled along
with the names of those members whose terms expire, (3) the number of
applications received and (4) the specific term to be filled.
I. Notification of Council Meeting. The staff liaison shall notify the appointee(s)
that he/she is a possible candidate for appointment to a board, commission, or
committee and suggest that he/she may want to be present at the scheduled
meeting when the recommendation is presented to the Council.
J. Notification of Council Action. Following the Council’s approval of the Mayor’s
appointment(s) to a board, commission, or committee, the staff liaison shall notify
appointees as to their appointment. 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 and committee vacancies.
K. Appointee Orientation . The staff liaison will provide specific details to the new
appointees relative to: (1) their attendance at the “official” board, commission, or
committee orientation, (2) taking the “oath of office” prior to attending their first
board, commission, or committee meeting, (3) reading and signing the ethics
policy, (4) the Open Meeting Law Letter advising of the State’s requirement for a
person elected or appointed to review Arizona’s Open Meeting Law materials at
least one day before the day that person takes office, (5) all official literature,
agendas, minutes, or other materials specific to their appointment and (6)
information relating to the Town’s annual Arizona Open Meeting Law training.
9.3 RECOMMENDATIONS FOR APPOINTMENTS TO BOARDS, COMMISSIONS
AND COMMITTEES
A. Appointments Subcommittee. The Mayor may annually appoint Council
Subcommittees for board, commission and committee appointments. Each
subcommittee shall be made up of three Councilmembers. The Mayor may
appoint himself/herself to this subcommittee. If no such subcommittee is
appointed, at a minimum, a quorum of the Fountain Hills Council shall review
applications and conduct interviews for the various boards, commissions, and
committees to fill vacancies based upon the applicants’ skills, experience, and
background as required under Section 9.4 below.
B. Subcommittee Purpose. The purpose of this Council Subcommittee is to review
applications, interview applicants (typically in Executive Session) and provide a
recommendation to the Mayor for possible appointment to fill vacancies based
upon the applicants’ skills, experience, and background as required under Section
9.4 below.
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C. Appointment Timing. The process of application review and interviews will be
conducted in such a manner as to allow for the appointments to coincide with the
term expiration of the current board, commission or committee member(s) term or
as soon thereafter as reasonably possible.
9.4 QUALIFICATIONS FOR APPOINTMENTS; EMPLOYEES OR APPOINTED
OFFICERS AS MEMBERS
A. Minimum Qualifications. All members of boards, commissions, and committees
shall meet the following minimum qualifications upon their appointment to any
board, commission, or committee. Each member must be:
1. Eighteen years of age or older, for any board, commission, or committee
seats, designated by Council; except for members appointed to Youth
Commissioner position for youth representation.
2. A Fountain Hills’ resident for at least one year, unless the Council
specifically waives this time or residency requirement for a specific board,
commission or committee.
3. A qualified elector, except youth appointees.
B. Prohibited Appointees. Town employees or appointed officers shall not be
eligible for appointment to any board, commission, or committee but may be
requested to provide staff support thereto. Councilmembers are prohibited from
serving on regularly scheduled commissions as listed in Subsection 9.1(B) above
and the Board of Adjustment.
C. Ex-Officio Members. The Mayor, with the consent of the Council, may from
time to time appoint ex-officio members to those boards, commissions or
committees as set forth in the bylaws of such body. Such members shall serve at
the pleasure of the Mayor and Council. Ex-officio members shall not be entitled
to vote on any matter brought before the commission.
9.5 TERMS, VACANCIES, REMOVAL
A. Terms. All members of unscheduled boards, commissions, and committees shall
serve a term of up to three years, or until the board, commission, or committee is
dissolved, unless Council action, Town Code, or Arizona Revised Statutes
specifically designates terms.
B. Staggered Terms for Smaller Boards. For those regularly scheduled boards,
commissions, and committees having five members or fewer, the terms of office
shall be staggered so that no more than three terms shall expire in any single year
when possible; provided, however, that no staggering of terms shall be required
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for any boards, commission, or committee that will be in existence for a single
term.
C. Staggered Terms for Larger Boards. For those boards, commissions, and
committees having more than five members but less than eight members, the
terms of office shall be staggered so that no more than four 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 upon a vote of not less than four
Councilmembers for any cause as determined by the Council.
G. Filling Vacancy. Whenever a vacancy has occurred on one board, commission, or
committee procedures described in Sections 9.2, 9.3, and 9.4 above will be used
to generate applicants, interview applicants, and make a recommendation for a
potential appointee.
H. Re-appointment. An incumbent member of a board, commission, or committee
seeking reappointment shall submit, in writing on a form provided by the Town
Clerk that includes a request for the Council’s consideration of reappointment in
addition to the consent to executive session form by the published deadline in
order to be considered for appointment by the Council. The member may include
any new or additional information that is relevant to the original application
already on file
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9.6 APPLICABILITY OF THE ARIZONA OPEN MEETING LAW
All boards, commissions, and committees are subject to the Arizona Open Meeting Law and
therefore shall attend the Town’s Annual Open Meeting Law training.
9.7 RESIDENCY REQUIREMENTS
Members of the Planning and Zoning Commission and Board of Adjustment shall be residents of
the Town. Members of the Parks and Recreation Commission, McDowell Mountain
Preservation Commission, Community Center Advisory Commission, and Public Safety
Advisory Commission should be residents of the Town of Fountain Hills. Any other boards,
commissions, or committees may have members who are not residents of the Town of Fountain
Hills at the discretion of the Council; provided, however, that the majority of the members of any
such board, commission, or committee should be residents, business owners, or property owners
in the Town of Fountain Hills.
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TOWN OF FOUNTAIN HILLS
TOWN COUNCIL
AGENDA ACTION FORM
Meeting Date: 11/7/2013
Meeting Type: Regular Session
Agenda Type: Regular
Submitting Department: Town Council
Contact Information: Councilmember Ginny Dickey
Strategic Values: Environmental Stewardship
Council Goal:
C3 Solicit feedback in decision-making
REQUEST TO COUNCIL (Agenda Language): Discussion and possible direction for staff to explore submitting
applications for one or more awards of recognition in the area of environmental excellence and regional partnerships.
Applicant: NA
Applicant Contact Information:
Property Location:
Related Ordinance, Policy or Guiding Principle:
Staff Summary (background): This item has been added to the agenda for consideration by the Council
at the request of Councilmember Dickey through Mayor Kavanagh.
Supporting information for Council/staff reference (Allied has agreed to assist in data gathering): Channel 8
PBS show “Horizon” with Diane Brossart, September 23 re: Valley Forward Environmental Excellence Awards.
For the 12th consecutive year, Arizona Forward, in partnership with SRP, presented the 33rd Annual Valley
Forward Environmental Excellence Awards. Known as the “Academy Awards” of the environmental
community, the awards spotlight distinguished projects throughout the Valley that demonstrate a high level of
environmental commitment and contribute to sustainability. Diane Brossart, President and CEO of Arizona
Forward, will discuss the awards.
http://www.azpbs.org/arizonahorizon/detailvid.php?id=14591
Arizona Forward Environmental Excellence Awards, http://www.arizonaforward.org/ deadline likely July
2014.
MAG Desert Peaks Award, http://www.azmag.gov/Projects/Project.asp?CMSID=1083 deadline likely
March 2014.
Earth Hour Challenge, http://www.earthhour.org/citychallenge which has been requested by several
Fountain Hills residents, deadline likely November 2014.
Valley Metro/RPTA Clean Air awards,
http://www.valleymetro.org/campaigns_contests/clean_air_campaign/ the ceremony is Oct 30 so
deadline likely next summer.
Risk Analysis (options or alternatives with implications):
Fiscal Impact (initial and ongoing costs; budget status):
Budget Reference (page number):
Funding Source: NA