HomeMy WebLinkAboutRes 2006-47 RESOLUTION NO. 2006-47
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, ADOPTING THE TOWN OF FOUNTAIN
HILLS, ARIZONA, PLANNING & ZONING COMMISSION RULES OF
PROCEDURE.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS as follows:
SECTION 1. That the Town of Fountain Hills, Arizona, Planning and Zoning
Commission Rules of Procedure is hereby adopted in the form attached hereto as Exhibit A.
SECTION 2. That the Mayor, the Town Manager, the Town Clerk and the Town
Attorney are hereby authorized and directed to 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,December 7, 2006.
FOR THE TO N OF FOUNTAIN HILLS: ATTESTED TO:
(111w 41-61 1-"(
W. J. Ni ho s, yor Bevelyn J. Be er, T n Clerk
REVIE BY: APPROVED AS TO FORM:
• ytt(sit
Timothy G. Pic ering, Town M ager An w J. McGuire, Town Attorney
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EXHIBIT A
TO
RESOLUTION NO. 2006-47
[Town of Fountain Hills, Arizona, Planning and Zoning Commission Rules of Procedure]
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TOWN OF FOUNTAIN HILLS,ARIZONA
PLANNING & ZONING COMMISSION RULES OF PROCEDURE
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 SUSPENSION OF THE RULES 3
SECTION 2. DEFINITIONS 3
2.1 AGENDA 3
2.2 AGENDA PACKET 3
2.3 CONSENT AGENDA 4
2.4 COMMISSION 4
2.5 COMMISSION RULES 4
2.6 MEETING . 4
2.7 NEWSPAPER 4
2.8 NOTICE 4
2.9 QUORUM 4
2.10 TOWN . 5
SECTION 3 MEETINGS 5
411010
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 MEETINGS TO BE PUBLIC 6
3.7 MINUTES OF COMMISSION MEETINGS 6
SECTION 4.NOTICE AND AGENDA 6
4.1 POSTING NOTICES 6
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 . 13
5.4 WORK SESSION MEETINGS 13
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SECTION 6. PROCEDURES FOR CONDUCTING THE MEETING 14
6.1 CALL TO ORDER 14
6.2 PARTICIPATION OF PRESIDING OFFICER 14
6.3 QUESTION TO BE STATED 14
6.4 RULES/DECORUM/ORDER 17
6.5 TELECONFERENCE PROCEDURE 15
6.6 ADDRESSING THE COMMISSION 16
SECTION 7. CONFLICT OF INTEREST 19
7.1 INTRODUCTION 19
7.2 PURPOSE OF CONFLICT OF INTEREST LAWS 19
7.3 APPLICABILITY OF THE ARIZONA CONFLICT OF 19
7.4 DISCLOSURE OF INTEREST 19
7.5 WITHDRAWAL FROM PARTICIPATION 19
7.6 RULE OF IMPOSSIBILITY 20
7.7 IMPROPER USE OF OFFICE FOR PERSONAL GAIN 20
7.8 SANCTIONS FOR VIOLATIONS 20
7.9 NON-STATUTORY CONFLICTS OF INTEREST 20
SECTION 8. CODE OF ETHICS 20
8.1 OBEY LAWS 20
8.2 DEMOCRATIC LOCAL GOVERNMENT/LEADERSHIP 20
8.3 SERVICES 21
8.4 RELATIONSHIPS 21
8.5 FUNCTION OF LOCAL GOVERNMENT 21
8.6 SERVICE TO THE COMMUNITY 21
8.7 PERSONAL BENEFIT/PROFIT 21
8.8 CONDUCT . 22
8.9 PROMOTE UNDERSTANDING/RESPECT/TRUST 22
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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 Commission:
A. State Law
B. Town Code
C. Zoning Ordinance
D. Commission Rules
E. Parliamentary Procedure at a Glance,New Edition,by O. Garfield Jones
F. 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 Chairman, or in the Chairman's absence, the Vice-
Chairman, is the Presiding Officer of all Meetings of the Commission. In the absence or
disability of both the Chairman and the Vice Chairman, the meeting shall be called to order by
the Zoning Administrator, whereupon the Zoning Administrator shall immediately call for the
selection of a temporary Presiding Officer.
1.3 SUSPENSION OF THE RULES
The Chairman, by a three-quarter vote of all members present, may suspend strict observance of
these Commission Rules or other policies and procedures for the timely and orderly progression
of the Meeting; provided, however, that a simple majority of the Commission 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 Commission at a noticed meeting of the Commission. 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
Commission action, which may be used by the Commission, staff and the public for more in-
depth information than may be presented in an oral report. The Agenda Packet is organized as
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set forth in the Order of Business in Section 5 below and is provided or made available to the
Commission 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
Commission. 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 Commission Member or member of the public so requests. If a Commission
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 COMMISSION
Collectively, the Members of the Town of Fountain Hills Planning and Zoning Commission.
2.5 COMMISSION RULES
These Town of Fountain Hills, Arizona, Planning and Zoning Commission Rules of Procedure.
2.6 MEETING
The gathering, in person or by technological devices, of a quorum of the Commission, at which
the Commission 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 Zoning Administrator will
adjourn the Meeting.
2.7.1 NEWSPAPER
A daily or weekly paid publication of general circulation within the Town of Fountain Hills,
Arizona.
2.8 NOTICE
A formal announcement to the public that sets the date, time and the place at which a Meeting
will be held. Such notice of Meetings shall be in accordance with the State law, the Town Code
and these Commission Rules.
2.9 QUORUM
The minimum number of Members of the Commission 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.
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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 Commission shall hold regular Meetings on
the second and fourth Thursday of each month at six thirty p.m. When deemed
appropriate, any regular Meeting date of the Commission may be cancelled or
changed by a majority of the Commission. 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 Chairman or the Town
Manager. The Commission may provide for a "Call to the Public" at such regular
Meetings.
B. Holidays. When the day for a regular Meeting of the Commission 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 Commission
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
Commission 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 Chairman, upon the written request of three Commission Members, may convene the
Commission at any time after giving at least 24 hours notice of such Meeting to members of the
Commission and the general public. The notice shall include the date,place, hour and purpose of
such special Meeting.
3.4 WORK SESSIONS
A. How Convened; When Convened; Notice. The Chairman (at his own discretion
or upon the written request of three Commission Members) may convene the
Commission in a work session at any time after giving at least 24 hours notice of
such Meeting to members of the Commission and the general public. The notice
shall include the date,place, hour and purpose of such work session.
B. Purpose. Work sessions are held for the purpose of presentations and discussions
on such issues that require more in-depth consideration of the Commission than
may be possible at a regular Meeting. No formal action of the Commission may
cri be taken at such work sessions, other than general consensus or conveying
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direction to staff for further action. Work session shall not provide for a "Call to
rr• the Public."
3.5 EXECUTIVE SESSIONS
Subject to applicable State law, the Commission may hold such closed executive sessions as
necessary to conduct its business with prior authorization by the Town Attorney.
3.6 MEETINGS TO BE PUBLIC
A. Open to Public. All regular, special and work session Meetings of the
Commission shall be open to the public.
B. Public Comment. Public comment (Call to the public) is not taken at work
sessions, 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.
3.7 MINUTES OF COMMISSION MEETINGS
A. Staffing. The Zoning Administrator shall ensure staff attendance at all regular,
special, work session, and executive session Meetings of the Commission 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 Commission 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.
C. Availability. All Meeting minutes of the Commission are deemed to be public
records. Transcribed minutes, or the audio or video recordings of all open
Meetings of the Commission must be on file in the office of the Town Clerk, or
Zoning Administrator 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 Meetings of the Commission 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 Commission may be approved
under the consent agenda, unless removed for discussion and separate action.
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SECTION 4. NOTICE AND AGENDA
4.1 POSTING NOTICES
A. Time. The Zoning Administrator or authorized designee, shall prepare all public
Meeting notices of the Commission, 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 Post
Office.
4.2 AGENDA PREPARATION
A. Availability. The Zoning Administrator, or authorized designee, shall prepare the
Agendas for all Meetings of the Commission as set forth below. Agendas of all
Meetings of the Commission 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 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:
1. Town Staff: Town staff will submit the agenda items, including the
cover/routing sheet, staff report (including all attachments) to the Zoning
Administrator not later than two business days prior to Agenda Packet
preparation day (the Friday prior to Meeting date). The Zoning
Administrator shall approve/amend items and sign off, finalizing the item
for inclusion in the Agenda Packet.
2. Chairman and Commissioners: The Chairman or a majority of the
Commission Members may request that the Zoning Administrator place an
item on an Agenda for action. Any Commission Member may request that
the Zoning Administrator place an item on a future Agenda during the
"Commission Discussion/Request for Research" portion of a Meeting for
discussion relating only to the propriety of (i) placing such item on a
future Agenda for action or (ii) determining if a majority of the
Commission would like to have staff conduct further research and report
back to the Commission.
3. Town Manager or Town Attorney: The Town Manager or Town Attorney
may place an item on the Agenda by including appropriate documentation.
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C. Time Lines for Submission of Items.
1. Agenda items shall be submitted to the Zoning Administrator by 5:00
P.M., not less than nine calendar days prior to regular Meetings to ensure
timely delivery to Commission Members.
2. The Zoning Administrator may approve exceptions to the schedule above
in order to ensure that the distribution of all Agenda Packets to the
Commission is in conformance with these Commission 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. The Zoning
Administrator or authorized designee is responsible for obtaining
presentation materials from applicants or presenters involved in their
respective Agenda items.
D. Agenda Item Submittals for Commission Executive Sessions. Items may be
placed on the Agenda for Commission executive session discussion (if in
compliance with the Town Code and applicable State Statutes) as directed by the
Town Attorney.
E. Agenda Packets. Full Agenda Packets for all noticed Meetings of the
Commission shall be made available to Commission 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.
4.3 DISTRIBUTION OF NOTICES AND AGENDAS
A. Copies. The Commission Secretary shall ensure that the Commissioners receive
copies of all Meeting notices and Agendas and any documentation provided for
said Meeting not less than 72 hours prior to the Meeting, unless exceptional
circumstances require a later delivery.
B. Distribution. The Commission Secretary shall ensure that the Meeting notices,
Agendas and documentation, as deemed necessary, shall be distributed to the
Zoning Administrator, participating Planners, the Director of Public Works and
all Commissioners.
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.
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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
Moment of Reflection
Roll Call
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 Commission and (ii) is subject to reasonable time, place and manner
restrictions. The Commission 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 Commission
members may (i) respond to criticism, (ii) ask staff to review the matter or (iii) ask that
the matter be placed on a future Commission 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
Commission. 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 Commission Member or member of
the public so requests. If a Commission 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 item will be removed from the Consent
Agenda and considered in its normal sequence on the Agenda.
Regular Agenda (grouped by subject to the extent possible)
Commission Discussion/Request for Research (Items for future Agendas)
Adjournment
All Agendas shall have the following statement placed at the bottom:
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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 Commission, the
Presiding Officer shall direct the Commission Secretary or authorized designee to
call the Roll, and the names of Commission Members both present and absent
shall be entered into the minutes. The order of roll call shall be: Chairman, Vice
Chairman and then Commission Members from the Chairman's far right to the
Chairman's far left.
B. 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 Commission. 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 Commission or any member of the public in
attendance at the Meeting requests that an item or items be removed for
discussion. Commission 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.
C. Action Items.
1. At the time each business item is presented to the Commission, the Town
staff shall present a report on the subject and the applicant, if any, may
also speak. The Chairman or the Commission Secretary will then call the
speaker cards of those citizens desiring input and comments. All citizens
and interested parties wishing to speak before the Commission shall fully
complete speaker's request forms and submit the forms to the Commission
Secretary, or designee, prior to discussion of that Agenda item. Sufficient
speaker request forms shall be located in the public entry area into the
Chamber and at the Commission Secretary position on the dais. The
completed forms will be retained with the Agenda Packet material by the
Commission Secretary. Speakers will be called in the order in which the
speaker cards were received. If a speaker chooses not to speak when
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called, such speaker will be deemed to have waived his or her opportunity
rr to speak on that matter.
2. Those speaking before Commission will be allowed three contiguous
minutes to address Commission, but time limits may be waived by (i)
discretion of the Planning and Zoning Administrator upon request by the
speaker not less than 24 hours prior to a Meeting, (ii) consensus of the
Commission at a Meeting or (iii) the Chairman 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 Commission 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 Commission;
all remarks will be addressed to the Presiding Officer and not to individual
Commission Members. 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. Commission 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 Commission Member shall engage
in debate directly with such speakers, representatives or Town staff.
4. Proper decorum, according to Section 6 below, must be observed by
Members of the Commission, 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 Commission Members, Town staff or
members of the public are not allowed.
5. Generally, Agenda items requiring public hearings 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.
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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 Commission wishes to discuss the issue.
Commission may then proceed to discuss the matter.
f. Upon the conclusion of Commission comment, the Presiding
Officer will call for action on the motion.
g. Exhibits, letters, petitions, and other documentary items presented
or shown to the Commission on a public hearing item become part
of the record of the public hearing and shall be maintained by the
Commission Secretary.
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 Commission, key Town staff and
the Commission Secretary for inclusion in the public record.
Reduced copies (8 '/2" 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. Persons may be allowed
to speak longer than three minutes upon approval of (i) the Presiding
Officer or (ii) a majority of the Commission. Commission Members may
ask the individual speaker questions through the Presiding Officer.
D. Commission Discussion/Request for Research. The Commission may request that
the Zoning Administrator to follow-up on matters presented at that Meeting or
bring an item before the Commission on a future Agenda.
E. Call to the Public.
1. All citizens and interested parties will be limited to a maximum of three
minutes to address the Commission on a non-Agenda item. In order to
comply with State law, the Commission 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 Zoning Administrator to follow up on the matter
and/or schedule it for a future public Meeting.
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2. All citizens and interested parties wishing to speak before the Commission
shall fully complete a speaker's request form.
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 Commission Members to respond to criticism
raised during the Call to the Public.
F. Adjournment. The open, public Meetings of the Commission may be adjourned
by consensus of the Commission.
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 Commission 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 Commission.
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 Chairman and Commission 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 Commission with
the opportunity for in-depth discussion and study of specific subjects. Public
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comment is not provided for on the Agenda and may be made only as approved
by consensus of the Commission. 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 Chairman 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 Commission shall be called to order by the Presiding Officer, (the Chairman or
in his/her absence, by the Vice-Chairman). In the absence of both the Chairman and Vice
Chairman, the Meeting shall be called to order by the Zoning Administrator; whereupon, the
Zoning Administrator 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 Commission Members, and he/she shall not be deprived of any of the rights
and privileges of a Commission 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 Commission Secretary to verbally
restate, each question immediately prior to calling for discussion and the vote. Following the
vote, the Presiding Officer shall (or shall ask the Commission Secretary 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.
6.4 RULES/DECORUM/ORDER
A. Points of Order. The Presiding Officer shall determine all points of order, subject
to the right of any member to appeal such determination to the whole
Commission. 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.
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B. Order and Decorum.
1. Commission Members: Any Commission Member 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 Commission. Any member of the staff shall first be
recognized by the Presiding Officer prior to addressing the Commission.
3. Public: Members of the public attending the Meetings shall observe the
same rules of order and decorum applicable to the Commission.
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.
C. Enforcement of Decorum. Proper decorum is to be maintained during all
Meetings by the Commission, 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) end the speaker's time at the
podium, (ii)recess the Meeting for a brief time or(iii) summons and request that a
law enforcement officer 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 Commission 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 Commission Secretary, 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: "Commission 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
682683.3
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shall also describe the procedures followed to provide the public access to all
r communications during the Meeting.
6.6 ADDRESSING THE COMMISSION
A. Manner of Addressing the Commission.
1. Any member of the public desiring to address the Commission 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
Commission Secretary 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 Commission 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 Commission 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 Commission, 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
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f. Limit or extend limits of debate
/4111ir 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 shall be
voted on, as may be amended.
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.
L
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D. Addressing the Commission after Motion is Made. After the motion has been
41111111, made, or after a public hearing has been closed, no member of the public shall
address the Commission without first securing permission from the Presiding
Officer.
E. Voting Procedure. After discussion has been concluded and the Chairman or
Commission Secretary 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
Chairman or Commission 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 Commission 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 Commission Member has declared a Conflict of Interest and is
absent during the roll call vote, the Commission Secretary 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 Commission Secretary
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 Commission in attendance of a duly called
Meeting that requires formal Commission 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 Commission 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."
3. Reconsideration: Any member of the Commission who voted with the
majority may move a reconsideration of any action at the same or next
682683.3
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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 Commission.
4. The affirmative vote of a majority of a Quorum shall be required for
passage of any matter before the Commission.
SECTION 7. CONFLICT OF INTEREST
7.1 INTRODUCTION
Occasionally, a Commission Member may find himself/herself in a situation that requires a
Member remove himself/herself from participation in discussion and voting on a matter before
the Commission. This situation exists when the Commission 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 Commission Members.
7.4 DISCLOSURE OF INTEREST
Any Commission 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 Commission Member
who has a conflict of interest in any decision must disclose that interest. The Commission
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 Commission Secretary's Office in the file containing conflict
of interest disclosures. The Disclosure of the conflict shall include a statement that the
Commission Member withdraws from further participation regarding the matter. The
Commission Secretary shall maintain for public inspection all documents necessary to
memorialize all disclosures of a conflict of interest by a Commission Member.
7.5 WITHDRAWAL FROM PARTICIPATION
Having disclosed the conflict of interest and withdrawn in the matter, the Commission Member
must not communicate about the matter with anyone involved in the decision making process in
any manner. Further, the Commission Member should not otherwise attempt to influence the
682683.3
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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 Commission Members have a conflict of interest and the
Commission is unable to act in its official capacity, Members may participate in the
Commission'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 Commission 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 Commission to encourage
Commission 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:
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.
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'44061
r 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, 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
(1000
682683.3
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r
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 assistance
provided to Town officials when such hospitality, transportation or other assistance is
(i) directly related to their participation in community events as a representative of the
Town or(ii) of inconsequential value and accepted as a courtesy.
D. Investment in conflict with official duties. We shall not invest or hold any
investment, directly or indirectly, in any financial business, commercial or other
private transaction that creates a conflict with our official duties.
E. Personal relationships. Personal relationships shall be disclosed in any instance
where there could be the appearance of conflict of interest or a conflict of interest.
8.8 CONDUCT BUSINESS OF THE TOWN IN A MANNER, WHICH IS NOT ONLY
FAIR IN FACT,BUT ALSO FAIR IN APPEARANCE.
8.9 PROMOTE UNDERSTANDING, MUTUAL RESPECT AND TRUST AMONG
MEMBERS OF COUNCIL, BOARDS, COMMISSIONS AND COMMITTEES
CONCERNING THEIR ROLES AND RESPONSIBILITIES WITH RESPECT TO
TOWN STAFF'S RESPONSIBILITY FOR IMPLEMENTING THE TOWN
COUNCIL'S POLICIES.
All members of the Commission shall acknowledge in writing, on a form provided by the
Town Clerk, receipt of these provisions relating to ethics.
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