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NOTICE OF THE
REGULAR SESSION OF
THE FOUNTAIN HILLS TOWN COUNCIL
TIME: 6:30 P.M.
WHEN: THURSDAY, NOVEMBER 15, 2012
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 o r by telephone conference call; a quorum of the
Town’s various Commissions or Boards 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 pr esent 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 Councilmember Cassie Hansen
Councilmember Ginny Dickey Vice Mayor Henry Leger
Councilmember Tait D. Elkie Councilmember Cecil A. Yates
Last printed 11/8/2012 10:40 AM Page 2 of 3
REGULAR SESSION
CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh
INVOCATION – Bishop Jerry Olson, Church of Jesus Christ of Latter-Day Saints
ROLL CALL – Mayor Linda M. Kavanagh
MAYOR’S REPORT
i.) None.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i.) PRESENTATION by League of Arizona Cities and Towns Executive Director Ken
Strobeck, relating to Council Manager Government and Arizona’s Open Meeting
Law.
ii.) PRESENTATION by Town Attorney Andrew McGuire, regarding Conflicts of
Interest.
CALL TO THE PUBLIC
Pursuant to A.R.S. §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 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.
CONSENT AGENDA ITEMS
1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from
November 1, 2012.
REGULAR AGENDA ITEMS
2. CONSIDERATION of the ADDITION OF STRATEGIC DIRECTIONS CR8, EV9, and
EV10 to Strategic Plan 2010, as recommended by the Strategic Planning Advisory
Commission.
3. CONSIDERATION of ending the CONTRACT with Area Agency on Aging for the
provision of Home Delivered Meals effective at the end of day on Monday, December 31,
2012.
4. CONSIDERATION of RESOLUTION 2012-31, finding the existence of the statutory
criteria supporting the creation of a POLITICAL SIGN-FREE ZONE in areas of the Town
that contain a predominance of commercial tourism, commercial resort and hotel uses.
Last printed 11/8/2012 10:40 AM Page 3 of 3
5. 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.
6. SUMMARY of Council requests and REPORT ON RECENT ACTIVITIES by the Town
Manager Ken Buchanan.
7. ADJOURNMENT.
DATED this 8th day of November, 2012.
_____________________________________
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 P.M.
WHEN: THURSDAY, NOVEMBER 15, 2012
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 Commissions or Boards 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 Councilmember Cassie Hansen
Councilmember Ginny Dickey Vice Mayor Henry Leger
Councilmember Tait D. Elkie Councilmember Cecil A. Yates
Last printed 11/8/2012 10:40 AM Page 2 of 3
REGULAR SESSION
CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh
INVOCATION – Bishop Jerry Olson, Church of Jesus Christ of Latter-Day Saints
ROLL CALL – Mayor Linda M. Kavanagh
MAYOR’S REPORT
i.) None.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i.) PRESENTATION by League of Arizona Cities and Towns Executive Director Ken
Strobeck, relating to Council Manager Government and Arizona’s Open Meeting
Law.
ii.) PRESENTATION by Town Attorney Andrew McGuire, regarding Conflicts of
Interest.
CALL TO THE PUBLIC
Pursuant to A.R.S. §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 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.
CONSENT AGENDA ITEMS
1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from
November 1, 2012.
REGULAR AGENDA ITEMS
2. CONSIDERATION of the ADDITION OF STRATEGIC DIRECTIONS CR8, EV9, and
EV10 to Strategic Plan 2010, as recommended by the Strategic Planning Advisory
Commission.
3. CONSIDERATION of ending the CONTRACT with Area Agency on Aging for the
provision of Home Delivered Meals effective at the end of day on Monday, December 31,
2012.
4. CONSIDERATION of RESOLUTION 2012-31, finding the existence of the statutory
criteria supporting the creation of a POLITICAL SIGN-FREE ZONE in areas of the Town
that contain a predominance of commercial tourism, commercial resort and hotel uses.
Last printed 11/8/2012 10:40 AM Page 3 of 3
5. 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.
6. SUMMARY of Council requests and REPORT ON RECENT ACTIVITIES by the Town
Manager Ken Buchanan.
7. ADJOURNMENT.
DATED this 8th day of November, 2012.
_____________________________________
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.
1
COUNCIL-MANAGER
GOVERNMENT
&
ARIZONA’S
OPEN MEETING LAW
Fountain Hills Town Council
November 15, 2012
2
History of Council-Manager
•Reform movement of early 20th century
•Separation of powers—policy and
administration
•Governmental check and balance
•Professionalize municipal management
•Avoid corruption, favoritism, cronyism,
nepotism
•Analogy to corporate structure
3
Council-Manager Practices
•Council
–Receives Input from the Public
–Sets Policy
–Approves Budgets
–Establishes Plans and Goals
–Hires Manager based on Professional
Qualifications
–Retains authority of Municipality
–Does Not Direct Staff Members
4
Council-Manager Practices
•Manager
–Serves at the pleasure of the Council
–Implements policies approved by the Council;
Provides policy alternatives
–Hires staff based on Professional Qualifications;
Supervises staff
–Enforces all ordinances, budgets
–Manages day-to-day Operations
–Keeps Council Informed
5
Council-Manager Results
•Principal form of local government in the USA
•High ethical standards
•Non-political decision-making, contracting
•Consistency, predictability for employees
•Degree of insulation for elected officials
•Greater efficiency
6
Other Municipal Forms
•Strong Mayor
•Weak Mayor
•Commission
•Town Meeting or Town Hall
•Boroughs, villages; Selectmen
•None of these forms exist in Arizona
7
Purpose of Open
Meeting Law
•“It is the public policy of this state that
meetings of public bodies be conducted
openly and that notices and agendas for
those meetings contain such information
as is reasonably necessary to inform the
public of the matters to be discussed or
decided.” A.R.S. § 38-431.09
8
What is a “Public Body”?
Definitions: A.R.S. § 38-431
•All boards and commissions of political subdivisions,
all multimember governing bodies of departments,
agencies, institutions and instrumentalities of the
political subdivisions, including without limitation all
corporations and other instrumentalities whose
boards of directors are appointed or elected by
the state or political subdivision, including
standing, special or advisory committees or
subcommittees of, or appointed by, such
public body.
9
“Advisory Committee”
•A committee that is officially established, upon
motion and order of a public body or by the
presiding officer of the public body, and whose
members have been appointed for the specific
purpose of making a recommendation
concerning a decision to be made or
considered or a course of conduct to be taken
or considered by the public body.
10
Exceptions
•Staff meetings
•Staff appointed committees that advise
staff (not the City/Town Council)
•Single department head
11
What is a “Meeting”?
•The gathering, in person or through
technological devices, of a quorum of
members of a public body at which
they discuss, propose or take legal
action, including any deliberations by
a quorum with respect to such
action.
12
Attending By Phone
•If there is a problem reaching a quorum,
participation by telephone is OK, but:
–The public must be able to hear the person on
the phone,
–The person on the phone must be able to hear
everyone at the meeting, and
–Participation on the phone must be
noted on the agenda.
13
Splintering the Quorum
•E-mail
•Telephones, including Text Messaging
•Polling
•Staff
–Cannot direct staff to communicate in violation of open
meeting law.
•Social events
–If more than a quorum present:
•Post a “courtesy agenda” announcing social event
where a quorum may be present.
•Include a statement that no business of the public
body will be discussed and no action will
be taken.
14
E-Mail Communications:
Possible Violation
•Same OML restrictions apply.
•No E-mails among quorum involving discussions,
deliberations, or taking legal action on matters
that may reasonably be expected to come before
the Council.
•No proposing legal action in an E-mail.
•No using E-mail as a device to circumvent the
requirements in the OML.
See Op.Atty.Gen. No. I05-004.
15
Staff E-Mail
•Staff may send e-mail to Council members.
•Passive receipt of information from staff, without
more, does not violate the open meeting law.
–Example: Council meeting packets
•Staff may NOT send opinion or substantive
communications about Council business from a
Council member to enough other members to
constitute a quorum.
16
Public actions...
“All LEGAL ACTION of public
bodies shall occur during a public
meeting.”
A.R.S. § 38-431.02
17
What is “Legal Action”?
A collective decision, commitment or
promise made by a public body pursuant
to the constitution, the public body's
charter, bylaws or specified scope of
appointment and the laws of this state.
18
Requirements for a Legal Meeting
•Before the meeting...
–Public notice
–Notice to members
–Agendas
–Accessibility
19
Notice
A.R.S. § 38-431.02
•“Conspicuously post” on city/town websites
or on the website of an association of cites
and towns a statement indicating the physical
and electronic locations where meeting
notices will be posted; and
•Post all meeting notices on the city/town
website or on a website of an association of
cities and towns; and
•Provide “additional notice” of
meetings as is “reasonable and
practicable.”
20
Notice:
A.R.S. § 38-431.02(D)(E)
•Emergency Exception
–Requires actual emergency.
–“Notice as is appropriate to the
circumstances.”
–Must post public notice and agenda
within 24 hours. May include Saturdays,
but not Sundays, if public has access
to posted location.
21
Agendas
A.R.S. § 38-431.02
Must list the specific matters to be
discussed, considered or decided at the
meeting. Action may only be taken
(discussed or considered) on listed items.
22
At the Meeting
•Determine quorum. Record members
present, absent.
•Parliamentary Rules of Procedure.
•Agenda order/changes.
•Public’s right: “All persons so desiring
shall be permitted to attend and listen to
the deliberations and proceedings.” A.R.S.
§ 38-431.01(A)
•Decorum and personal attacks.
23
At the Meeting
•Sign-in sheets: optional only.
•Persons addressing the body should
identify themselves—(include name and
subject in minutes).
•After hours meetings: do not lock
entrance doors—accessibility required.
•Record motions and the maker.
24
Meeting Minutes: Cities & Towns
•Cities and towns with a population of more
than 2,500 shall:
–Post legal actions taken or any recording on its
website within three working days.
–Post approved meeting minutes of city or town
council meetings on its website within two
working days following approval.
•Posting must remain on website for
one year.
25
Subcommittees & Advisory
Committees
•Subcommittees and advisory committees
of cities and towns with a population of
more than 2,500 shall:
–Take written minutes or record all meetings,
including executive sessions.
–Within ten working days of a meeting, must:
•Post a statement describing any legal
action, or
•Post any recording of a public meeting.
26
Executive Sessions
A.R.S. § 38-431.03
•Limited exception to public meeting.
•Must vote in open meeting for executive
session.
•Agenda must state specific provision of law
authorizing the session and specify the
item.
•Must include a general description of
matters to be considered. (Not just
statutory authorization, but don’t
defeat purpose.)
27
Meeting Held in Violation
of OML:
•All legal action is null and void.
See A.R.S. 38-431.05(A)
28
Complaints and Violations:
What is OMLET?
–AG’s Open Meeting Law Enforcement Team
(OMLET).
–Handles inquiries, conduct investigations,
and enforcement proceedings relating to
complaints of violations of the Open
Meeting Law.
–Investigations conducted when OMLET
receives a signed, written complaint that
describes conduct that, if verified, would
be a violation.
29
Investigations: AG or County Attorney
•AG may:
–Issue written investigative demands.
–Administer an oath or affirmation to any person for
testimony.
–Examine under oath.
–Examine by means of inspecting:
•Accounts
•Books
•Computers
•Documents
•Minutes
•Papers
•Recordings
•Records
See A.R.S. 38-431.05
30
Failure to Comply with AG
•Possible filing of action in superior
court for an order to enforce the demand.
–Failure to comply could result in:
•Contempt of court.
•Injunctive order against conduct.
31
CONSEQUENCES OF VIOLATION
•Any person affected by alleged violation may
commence suit in superior court to force
compliance with OML.
•Each violation: civil penalty up to $500.
•Removal from office.
•Generally, no public monies for legal fees incurred
by public body or officer as a result of violation.
See A.R.S. 38-431.07
32
33
From:League of Arizona Cities and TownsTo:BbenderSubject:League Training - City Government 101: What Every Elected Official Needs to Know
Date:Tuesday, November 06, 2012 11:46:18 AM
City Government 101:
What Every Elected Official Needs to Know
This training is a one day course based on the League's annual Newly Elected Officials
Training. Presented in conjunction with the Arizona Municipal Clerks' Association, it will
cover the basics of serving as an elected official in an Arizona city or town.
When:Thursday, December 6, 2012
8:00 a.m.- 3:00 p.m.
Location:Mesa Convention Center
Palo Verde Room
263 North Center Street
Mesa, Arizona 85201
Agenda:For an agenda, point your browser here .
Cost:$65
Parking:Parking is free at the convention center. For a map and directions to
the convention center, point your browser here .
Registration:To register for the training, point your browser here .
If you have any questions, please contact the League at league@azleague.org or 602-
258-5786.
Conflicts of Interest
Andrew J. McGuire
Gust Rosenfeld, P.L.C.
Substantial Interest
Substantial Interest
Pecuniary or proprietary
Financial gain; something of value
Direct or indirect
Includes “waived” obligations
Not “Remote”
Ten statutory exceptions
Very fact specific
Who is Covered
Relatives
Those related by whole or half blood
Siblings + spouses
Parents + spouses
Grandparents + spouses
Children + spouses
Grandchildren + spouses
Required Action
Your spouse (plus certain in-laws)
Parents
Siblings
Children
What Officials Must Do
Declare in writing; use Clerk’s form
Refrain From Any Participation
Includes informal discussion w/ staff
Result of Conflict
Actions Voidable
Penalties
“Knowing” or “Intentional” = Class 6 Felony
“Reckless” or “Negligent” = Class 1 Misd.
PLUS, Forfeit Office
Bottom Line - If doubts, call Attorney;
Opinion = “get out of jail free card”
Questions?