HomeMy WebLinkAbout2001.0322.TCSEM.Packet .A141AINki NOTICE OF SPECIAL EMERGENCY SESSION
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FOUNTAIN HILLS TOWN COUNCIL
Mayor Morgan
Councilman McNeill Councilwoman Hutcheson
Vice Mayor Wyman Councilman Kavanagh
Councilwoman Fraverd Councilwoman Ralphe
WHEN: THURSDAY, MARCH 22, 2001
TIME: 5:15 P.M. (THE COUNCIL WILL VOTE TO GO INTO EXECUTIVE
SESSION WITH THE SPECIAL EMERGENCY SESSION
BEGINNING PROMPTLY AT 5:15 P.M.
WHERE: TOWN HALL VIDEO CONFERENCE ROOM
16836 E. Palisades, Building A
1. CALL TO ORDER AND ROLL CALL
This Notice and agenda of a special emergency meeting and executive session of the Fountain Hills Town
Council is being posted pursuant to A.R.S. § 38-431.02D.
The Town Attorney through the Town Manager's office requested the Council to meet in a special
emergency session to consider voting to go into executive session in order to instruct the Town Attorney
regarding pending litigation as set forth in this agenda. The meeting was held and was attended by all seven
members of the Town Council and this notice and agenda is the ratification as required by A.R.S. § 38-431-
02.
2. Pursuant to A.R.S. § 38-431.03.A.4 VOTE TO GO INTO EXECUTIVE SESSION for: discussion or
consultation with the attorneys of the public body in order to consider its position and instruct its attorneys
regarding the public body's position in pending or contemplated litigation or in settlement discussions
conducted in order to avoid or resolve litigation (condemnation action — Town of Fountain Hills v. MCO
Properties).
3. RETURN TO SPECIAL SESSION
4. ADJOURNMENT
DATED this 22nd day of March,2001
Cassie B. Hansen,Director of Administration/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-
Lov 8939(TDD)48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting.
Supporting documentation and staff reports furnished the council with this agenda are available for review in the Clerk's office.
38-431.02 - 3 Page 1 of 2
38-431.02. Notice of meetings
(hw A. Public notice of all meetings of public bodies shall be given as follows:
1. The public bodies of the state shall file a statement with the secretary of state stating where all
public notices of their meetings will be posted and shall give such additional public notice as is
reasonable and practicable as to all meetings.
2. The public bodies of the counties, school districts and other special districts shall file a statement
with the clerk of the board of supervisors stating where all public notices of their meetings will be
posted and shall give such additional public notice as is reasonable and practicable as to all meetings.
3. The public bodies of the cities and towns shall file a statement with the city clerk or mayor's office
stating where all public notices of their meetings will be posted and shall give such additional public
notice as is reasonable and practicable as to all meetings.
B. If an executive session will be held, the notice shall be given to the members of the public body,
and to the general public, stating the specific provision of law authorizing the executive session.
C. Except as provided in subsections D and E, meetings shall not be held without at least twenty-four
hours'notice to the members of the public body and to the general public.
D. In case of an actual emergency, a meeting, including an executive session, may be held upon such
notice as is appropriate to the circumstances. If this subsection is utilized for conduct of an
emergency session or the consideration of an emergency measure at a previously scheduled meeting
the public body must post a public notice within twenty-four hours declaring that an emergency
session has been held and setting forth the information required in subsections H and I.
E. A meeting may be recessed and resumed with less than twenty-four hours' notice if public notice
of the initial session of the meeting is given as required in subsection A, and if, prior to recessing,
notice is publicly given as to the time and place of the resumption of the meeting or the method by
which notice shall be publicly given.
F. A public body which intends to meet for a specified calendar period, on a regular day, date or
event during such calendar period, and at a regular place and time, may post public notice of such
meetings at the beginning of such period. Such notice shall specify the period for which notice is
applicable.
G. Notice required under this section shall include an agenda of the matters to be discussed or
decided at the meeting or information on how the public may obtain a copy of such an agenda. The
agenda must be available to the public at least twenty-four hours prior to the meeting, except in the
case of an actual emergency under subsection D.
H. Agendas required under this section shall list the specific matters to be discussed, considered or
decided at the meeting. The public body may discuss, consider or make decisions only on matters
listed on the agenda and other matters related thereto.
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I. Notwithstanding the other provisions of this section, notice of executive sessions shall be required
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38-431.02 - 3 Page 2 of 2
to include only a general description of the matters to be considered. Such agenda shall provide more
than just a recital of the statutory provisions authorizing the executive session, but need not contain
information that would defeat the purpose of the executive session, compromise the legitimate
Lprivacy interests of a public officer, appointee or employee, or compromise the attorney-client
privilege.
J. Notwithstanding subsections H and I, in the case of an actual emergency a matter may be
discussed and considered and, at public meetings, decided, where the matter was not listed on the
agenda provided that a statement setting forth the reasons necessitating such discussion,
consideration or decision is placed in the minutes of the meeting and is publicly announced at the
public meeting. In the case of an executive session, the reason for consideration of the emergency
measure shall be announced publicly immediately prior to the executive session.
K. Notwithstanding subsection H, the chief administrator or presiding officer of a public body may
present a brief summary of current events without listing in the agenda the specific matters to be
summarized,provided that:
1. The summary is listed on the agenda.
2. The public body does not propose, discuss, deliberate or take legal action at that meeting on any
matter in the summary unless the specific matter is properly noticed for legal action.
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http://www.azleg.state.az.us/ars/38/00431-02.htm 3/22/2001