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NOTICE OF THE EXECUTIVE AND
WORK STUDY SESSION OF
THE FOUNTAIN HILLS TOWN COUNCIL
Mayor Wally Nichols
Vice Mayor Mike Archambault Councilwoman Keith McMahan
Councilman John Kavanagh Councilwoman Kathleen Nicola
Councilman Ed Kehe Councilman Jay Schlum
TIME: 4:00 – 5:00 P.M. (Executive Session)
5:00 – 7:00 P.M. (Work-Study Session)
WHEN: TUESDAY, JANUARY 11, 2005
WHERE: COMMUNITY CENTER
13001 N. LA MONTANA DR. (BALLROOM #1)
(Executive Session will be held in the Community Ctr. Conference Room)
ALL WORK-STUDY 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.
EXECUTIVE AGENDA
1. CALL TO ORDER AND ROLL CALL – Mayor Nichols
2. VOTE TO GO INTO EXECUTIVE SESSION: Pursuant to A.R.S. §38-431-03.A.3, For
discussion or consultation for legal advice with the attorney or attorneys of the public body.
(Specifically, legal advice regarding the Urban Lands Act.)
3. RETURN TO WORK-STUDY SESSION
WORK-STUDY AGENDA
1.) CALL TO ORDER AND ROLL CALL – Mayor Nichols
2.) DISCUSSION of standardizing the SELECTION AND APPOINTMENT PROCESS for
Committees, Boards, and Commissions.
3.) ADJOURNMENT.
DATED this 7th day of January, 2005. BY: Bevelyn J. Bender, Town Clerk
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 attend 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.
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TOWN OF FOUNTAIN HILLS
OFFICE OF
INTER OFFICE MEMO
TO: Mr. Tim Pickering, Town Manager
DATE: January 3, 2005
FR: Bev Bender, Town Clerk
RE: Standardization of Board,
Commission, and Committee
selection and appointment process
At the Council’s request, the attached amendment to Administrative Policies and
Procedures item G-9 (Council Rules and Procedures) is being proposed for Council’s
consideration to standardize the selection and appointment process for vacancies on
boards, commissions, and committees.
The proposed process was developed through the collaborative efforts of those staff
members who coordinate the information contained in the advertisement and who interact
with applicants for board, commission, or committee vacancies. Staff was appreciative
and supportive of the Council’s request to see written procedures established to ensure
the equitable processing of each application received. This written process will allow
staff liaisons to follow the identical procedure for any vacancy on boards, commissions,
or committees.
The use of an Appointment Subcommittee, made up of three council members, will
ensure that every council member has the opportunity to serve on the subcommittee on a
rotating basis, and alleviate the conflicts that have occurred in scheduling applicants’
interviews based upon the full Council’s availability.
Staff requests Council’s favorable consideration of this process, which will assist staff
and ensure that individuals submitting applications for any vacancy will receive equitable
dispensation.
CC: Town Attorney Andrew McGuire
Enclosure: Proposed amendment to Administrative Procedures G-9 (Council Rules and Procedures) and
samples
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TOWN OF FOUNTAIN HILLS
ADMINISTRATIVE PROCEDURE
NUMBER: G-9 (AMENDMENT)
SUBJECT: Council Rules and Procedures
PURPOSE: Amend G-9, Council Rules and Procedures, and add Section 9, Boards,
Commissions, and Committees, to establish a standardized selection and
appointment process to fill vacancies.
ACTION: 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. Board of Adjustment
3. Parks and Recreation Commission
4. McDowell Mountain Preservation Commission
5. Community Center Advisory Commission
6. Public Safety Advisory Commission
C. Unscheduled boards, commissions, and committees:
1. Parks and Recreation Subcommittees
D. Other separate legal entities also address the needs of the town, including:
1. Municipal Property Corporation
2. Cottonwoods Improvement District
3. Cottonwoods Maintenance District
4. Eagle Mountain Community Facilities District (EMFD)
E. Except for the Planning and Zoning Commission, any board, commission, or
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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 RECOMMENDATIONS FOR APPOINTMENTS TO BOARDS,
COMMISSIONS AND COMMITTEES
A. The Mayor may appoint a Council Subcommittee for board, commission, and
committee appointments (the “Appointment Subcommittee”). The
Subcommittee shall be made up of three Council Members who will serve for
one year. The Mayor may appoint himself/herself to this Appointment
Subcommittee. If no such Appointment Subcommittee is appointed, the entire
Town Council shall conduct interviews and appoint citizens to the various
boards, commissions, and committees. The Appointment Subcommittee
members will rotate their service annually so that all Council Members have
an opportunity serve at least twice during their term, and the Mayor may
appoint himself/herself to service each year he/she is in office.
B. The purpose of the Appointment Subcommittee is to interview applicants and
to recommend potential appointees to the Town Council as described in
Section 9.3 below.
9.3 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 (see attached
samples), that describes the applicants’ skills, experience, and education
background needed to ensure the successful filling of the vacancy,
4. Supplemental questionnaire specific to a board, commission, or committee
application,
5. The consent to executive session form.
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:
9 The Town’s government access channel,
9 Newspaper advertising,
9 The Town website,
9 And the Town’s three 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 (see attached sample).
Information Technology services are to be requested to place said notice on
the Town’s government access channel and website to meet the public notice
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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. An overview of when the board, commission, or committee meet,
5. The deadline for submitting applications,
6. Listing of what applicant information is required and where application
packets may be obtained (see 9.3.A above),
7. Staff liaison contact information, and
8. The dates of publication in the local paper.
D. Individuals applying for boards, commissions, or committees must fill out and
submit the Town application form and provide a resume to the Town Clerk by
the published deadline. The Town Clerk will forward the application packets
received to the appropriate staff liaison following morning 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 the
Appointment Subcommittee for review. After reviewing the applications, the
Appointment Subcommittee shall interview those applicants who will best fill
the current vacancy. The staff liaison will schedule an appropriate time to
ensure that the Appointment Subcommittee may interview in person, or via
telephone, all qualified applicants for open seat(s).
F. After review and consideration of all applications, the Appointment
Subcommittee members shall direct their staff liaison to prepare a
memorandum that includes their recommendations to the Mayor and Town
Council regarding appointees to fill open board, commission, or committee
seat(s). The Appointment Subcommittee shall recommend for appointment
the same number of applicants, as there are vacancies. This memorandum to
the Council shall include copies of all applications received. The
Appointment Subcommittee may recommend that the current board,
commission, or committee vacancy be readvertised.
G. The staff liaison, in coordination with the Town Clerk, shall prepare an
Agenda item for the next appropriate Town Council Meeting after the
Appointment Subcommittee has submitted their recommendation(s) to fill
open board, commission, or committee seat(s) to the Council.
H. The staff liaison shall notify the recommended appointee(s) that he/she is a
candidate for appointment to a board, commission, or committee and suggest
that they may want to be present at the meeting when the Appointment
Subcommittee’s recommendation is scheduled for Council’s consideration.
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I. Following Council appointment(s) to a board, commission, or committee, the
staff liaison shall notify appointees in writing as to their appointment. Those
applicants not chosen to fill a vacancy on a board, commission, or committee,
will be provided written notification prepared by the staff liaison outlining the
Council’s appointments.
J. The staff liaison will provide specific details to the new appointees to ensure
their attendance at the “official” board, commission, or committee orientation;
that new appointees take their “oath of office” prior to attending their first
board, commission, or committee meeting; the staff liaison will provide
official literature, agendas, minutes, or other materials specific to their
appointment.
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 registered voter, 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 may serve on boards, commissions, or
committees unless bylaws of such boards, commissions, or committees state
otherwise.
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.
C. 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.
D. For those boards, commissions, and committees having more than five (5)
members but less than eight (8) members, the terms of office shall be
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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.
E. No individual may serve as a voting member on more than two regularly
scheduled or unscheduled boards, commissions, and committees at one time.
F. 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 consecutive unexcused absences by a member from board,
commission, or committee meetings.
G. 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 five
Council Members for any reasonable cause as determined by the Town
Council.
H. Whenever a vacancy has occurred on one board, commission, or committee
and no alternate has been appointed as set forth in Section 9.6 below, the
Appointment Subcommittee shall meet to recommend a candidate to complete
the remainder of the term. Procedures described in 9.3 above will be used to
generate applicants, interview applicants, and make a recommendation for a
potential appointee.
I. An incumbent member of a board, commission, or committee seeking
reappointment shall submit a new application under the provisions set forth in
Section 1.3 above and shall be considered for appointment by the Town
Council or Appointment Subcommittee in the same manner as all other
applicants for such position.
9.6 ALTERNATES
The Town Council may appoint alternates to serve on boards, commissions, and
committees in the event of vacancy. Such alternates may attend meetings of the boards,
commissions, or committees, but shall not participate until a vacancy has occurred and
the alternate has filled such vacancy. If the Town Council appoints more than one
alternate for a particular board, commission, or committee, the Town Council shall
designate the alternates as first alternate, second alternate, and so on such that
immediately upon a vacancy occurring in a board, commission, or committee, the first
alternate shall fill such vacancy without the need for further Town Council action.
9.7 APPLICABILITY OF THE ARIZONA OPEN MEETING LAW
All Boards, commissions, and committees are subject to the Arizona Open Meeting Law.
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9.8 RESIDENCY REQUIREMENTS
Members of the Planning and Zoning Commission, Board of Adjustment, Parks and
Recreation Commission, McDowell Mountain Preserve Commission, Community Center
Advisory Commission, and Public Safety Advisory Commission shall 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 shall be residents of the Town of Fountain Hills.
SAMPLES
TOWN OF FOUNTAIN HILLS
APPLICATION FOR APPOINTMENT TO
COMMISSIONS, BOARDS AND COMMITTEES
BACKGROUND AND PERSONAL DATA OUTLINE
Please list the name of the board, commission, or committee this application is being
submitted for consideration:
If necessary, use an additional sheet of paper when filling out the answers to the questions below.
Name:
Phone:
Address:
Mailing address (if different than above):
Cell Phone:___________________________ E-Mail Address:_________________________
1. What is the best time to contact you?
2. Are you registered to vote in Town elections? YES NO
3. Are you a graduate of the Civic Association Town sponsored “Our Town” series?
YES NO
PLEASE SUMMARIZE YOUR EDUCATIONAL BACKGROUND: (Including colleges attended
and degrees obtained, if any)
Present Employer:
Title: Phone:
Business Address:
Business Phone:
SAMPLES
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CURRENT ORGANIZATIONAL MEMBERSHIPS & OFFICES HELD:
DESCRIBE HOW YOUR SKILLS AND EXPERIENCE WOULD BENEFIT THE TOWN:
SAMPLES
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DESCRIBE WHAT SKILLS AND EXPERIENCE WOULD BE MOST RELEVANT FOR
FAVORABLE CONSIDERATION OF APPOINTMENT TO THIS BOARD, COMMISSION, OR
COMMITTEE.
PAST ORGANIZATIONAL MEMBERSHIPS & OFFICES HELD:
Date :
Signature:
SAMPLES
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TOWN OF FOUNTAIN HILLS
PLANNING AND ZONING COMMISSION (Supplemental Questionnaire)
This commission meets the 2nd and 4th Thursdays of every month at 6:30 P.M.
Would you be able to commit to this meeting schedule? YES NO
Please explain and describe your interest in serving on this commission and how your
education and experience would benefit the Fountain Hills Planning and Zoning
Commission. Also state what your goals and objectives in serving on the Commission
would be. Attach additional sheet, if necessary.
SAMPLES
TOWN OF FOUNTAIN HILLS
BOARD OF ADJUSTMENT (Supplemental Questionnaire)
This commission meets as needed, with appropriate notice to board members.
Would you be able to commit to this meeting schedule? YES NO
Please explain and describe your interest in serving on this commission and how your
education and experience would benefit the Fountain Hills Board of Adjustment. Also
state what your goals and objectives in serving on the Commission would be. Attach
additional sheet, if necessary.
SAMPLES
BOARD OF ADJUSTMENT
(Supplemental questionnaire continued - Please use additional lines on last page or
add additional pages if necessary.)
Following is a hypothetical case regarding an application for a variance.
Jean Benefactor who consistently makes large charitable contributions to your town wants to
build her dream home on a lot she recently purchased in the most exclusive residential
neighborhood. This neighborhood was almost entirely build-out in the 1970’s except for a few
remaining vacant lots. A new zoning ordinance was adopted for our town in the early 1990’s,
which changed the setback requirements and height limit applicable to Jean Benefactor’s
neighborhood. Approximately 60% of the existing older homes do not conform to the new
setback and height restrictions.
Jean Benefactor wants a variance so that she can build in conformance with the old setback
requirements as 60% of her neighbors did. Jean Benefactor also wants a height variance so that
she can have additional sleeping quarters for many orphans she cares for.
The following issues arise at the Board of Adjustment hearing:
1. Assuming Jean’s lot and her neighbors’ lots are similar, would you vote to grant the
setback variance? Please explain.
2. Will the fact that Jean is performing a tremendous public service justify the height
variance? Why or why not?
3. There are a number of lots, due to their topography, that are much more
expensive to build on when conformance to the strict terms of the code is enforced. Do
you believe that economics should be a factor in considering a variance? If so, to what
degree?
SAMPLES
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4. Some people desire to build their “dream home” in Fountain Hills but cannot
afford a lot large enough for the house to conform the minimum setback
requirements. Should we grant variances so we can have the growth and
income in our community?
5. A resident has applied to the Committee of Architecture to build an addition
onto their home, which would encroach into the rear yard setback area as
established in both the restrictive covenants and the Zoning Ordinance. The
Committee of Architecture approved a variance from the restrictive covenants
and the resident applies for a variance from the Zoning Ordinance. None of the
neighbors object, but no special circumstances exist. The resident wants the
addition to serve as a storage room and a bathroom for the swimming pool.
The Zoning Ordinance allows the resident to build a detached building to
accomplish his needs, but they agree that the detached building is much less
desirable and less aesthetically pleasing than the addition. Should a variance
be granted because there is not objection and the proposal is more aesthetically
pleasing than the limits of other parts of the code will allow? Please explain.
6. Our current Code regulates development of hillsides. A number of people
build large homes and change the grade to nearly the maximum extent possible
in setting their homes. After they are in their home, they desire to do further
grading to install a swimming pool with an accessory cool deck and patio.
This further grading will require them to go beyond the limits established in the
Housing Development Standards section of the Zoning Ordinance, so they seek
a variance. Do you believe that a variance should be granted to permit grading
or disturbance of a hillside beyond the current limits to these people can have a
swimming pool?
SAMPLES
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7. There are occasions when somebody seeks a variance to place a house they
have had designed, that will not fit the lot, without a lot of disturbance to the
natural terrain. The owner applies for a variance to encroach in a setback area
to minimize expensive site disturbance. The lot is not regulated by the Hillside
Development Standards and the Town Code will allow the grading necessary
for the house to conform to the setback requirements. The adjoining neighbor
comes to the hearing asking that the variance be granted because the desired
location will allow them to continue to see the Fountain and if the variance is
not granted, the applicant will be required to locate this house in a place that
will obscure their view of the Fountain. Do you believe the Town should allow
the applicant to save site preparation costs, help maintain the natural terrain and
make the adjoining neighbors happy, by granting the variance; or would you
take a stand that if site preparation costs are an issue, the house could be
redesigned to better fit the lot and stay within the prescribed setback
requirements, and that a variance should not be granted for view protection?
Please explain.
SAMPLES
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SAMPLES
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TOWN OF FOUNTAIN HILLS
COMMUNITY CENTER ADVISORY COMMISSION (Supplemental Questionnaire)
This commission meets the 3rd Monday of every month at 5:30 P.M.
Would you be able to commit to this meeting schedule? YES NO
Please explain and describe your interest in serving on this commission and how your
education and experience would benefit the Fountain Hills Community Center
Advisory Commission. Also state what your goals and objectives in serving on the
Commission would be. Attach additional sheet, if necessary.
SAMPLES
TOWN OF FOUNTAIN HILLS
PUBLIC SAFETY ADVISORY COMMISSION (Supplemental Questionnaire)
This commission meets the 1st Wednesday of the third month of each quarter at 4:30 PM.
Would you be able to commit to this meeting schedule? YES NO
Please explain and describe your interest in serving on this commission and how your
education and experience would benefit the Fountain Hills Public Safety Advisory
Commission. Also state what your goals and objectives in serving on the Commission
would be. Attach additional sheet, if necessary.
SAMPLES
TOWN OF FOUNTAIN HILLS
MCDOWELL MOUNTAIN PRESERVATION COMMISSION
(Supplemental Questionnaire)
This commission meets the 2nd Tuesday of each month at 5:00 P.M.
Would you be able to commit to this meeting schedule? YES NO
Please explain and describe your interest in serving on this commission and how your
education and experience would benefit the Fountain Hills McDowell Mountain
Preservation Commission. Also state what your goals and objectives in serving on the
Commission would be. Attach additional sheet, if necessary.
SAMPLES
TOWN OF FOUNTAIN HILLS
PARKS AND RECREATION COMMISSION (Supplemental Questionnaire)
This commission meets the 2nd Monday each month, except holidays at 5:30 P.M. (in this
instance the meeting would be rescheduled for the 2nd Tuesday).
Would you be able to commit to this meeting schedule? YES NO
SAMPLES
THE TOWN OF FOUNTAIN HILLS
AFFIDAVIT OF
ESTABLISHING POSTING NOTICE
STATE OF ARIZONA }
} ss
COUNTY OF MARICOPA }
The affiant, after first duly sworn deposes and says: That at the request of the Town
Clerk of the Town of Fountain Hills, I personally posted or had posted a copy of the
attached notice subject(s):
Town Council Meeting Date of:
Town Council Work Study Meeting Date of:
Town Council Special Meeting Date of:
Public Safety Advisory Commission Meeting Date of:
Other:
At each of the following places pursuant to The Town of Fountain Hills Town Code
Chapter 2, Section 2-4-3, at _______ a.m./p.m. in said places on the _____ day of
_______________________________, 20____.
FIRST PLACE: COMMUNITY CENTER, 13001 N. La Montana, Fountain
Hills, AZ
SECOND PLACE: POST OFFICE, 16605 E. Ave. of the Fountains, Fountain
Hills, AZ
THIRD PLACE: TOWN OF FOUNTAIN HILLS OFFICES, 16836 E.
Palisades Blvd., Fountain Hills, AZ
BY:
SIGNATURE
SUBSCRIBED AND SWORN to me this ________ day of ______________________, 20____.
Notary Public
SAMPLES
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I, the undersigned, do hereby consent pursuant to A.R.S. 38-431.03.A.1., to participate in
an executive session with the members of the Town Council of the Town of Fountain
Hills, Arizona, for the purposes of discussion and consideration of appointment to the
________________________________________by the Town Council of Fountain Hills.
Name of board, commission, or committee
I understand that pursuant to the above law, I have the right to have this discussion
occur at a public meeting, and I do hereby waive that right in order to participate in
the executive session.
I further understand and agree that any discussions made at executive session shall
be kept confidential except from those persons who attended the executive session.
I further understand and agree that the Town Council may discuss and consider
said discussion without my presence.
DONE this ______ day of _____________________, 20______.
(Print name)
(Signature)
TOWN OF FOUNTAIN HILLS
CONSENT TO
EXECUTIVE SESSION