HomeMy WebLinkAbout2003.0624.TCSEM.PacketNOTICE OF THE
SPECIAL AND EXECUTIVE SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
Mayor Wally Nichols
Councilman Rick Melendez Councilwoman Kathy Nicola
Councilwoman Leesa Stevens _ Councilman John Kavanagh
Councilman Mike Archambault Vice Mayor Susan Ralphe
WHEN: TUESDAY, JUNE 24, 2003_
TIME: 5:00 P.M. EXECUTIVE SESSI"ON
6:00 P.M. — 8:00 P.M. REGULAR SESSION
WHERE: TOWN HALL COUNCIL CHAMBERS
16836 EAST PALISADES BOULEVARD, BUILDING B
(Executive Session"will be he#d-in the Building A Teleconference Room)
`.ALL TO ORDER — Mayor Nichols
1.) VOTE TO GO INTO EXECUTIVE SESSION: PURSUANT TO--A.R.S. § 38-431-03.A.7, for discussions or
consultations "with designated representatives of -the public body in order to t;onsider its position and instruct its
representatives regarding negotiations for the purchase, sale or lease of .real property. (Specifically, the Town Hall
lease).
2.) RETURN TO THE REGULAR SESSION
CALL TO ORDER AND ROLL, CALL— Mayor Nichols
3.) Discussion and CONSIDERATION of the proposed Council Policies and Procedures.
4.) SUMMARY of Council direction by the Town Manager.
5.) 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 but must be within
the jurisdiction of the Council.- All comment is "subject to reasonable time, space and manner restrictions" and the Council will not
discuss or take legal action on matters raised during call to the public unless the matters are properly noticed for discussion and legal
action. At the conclusion of the call to the public, individual Council members .may respond to criticism, ask staff to review a matter
or ask that a matter be put on a future agenda.
6.) ADJOURNMENT.
DATED this 20`h day of June, 2003
Bevelyn J. Beefier, Uwn Clerk
�W.ene 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.
Town of Fountain Hills Page 1 of 1 Last printed 6/20/2003 10:11 AM
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Special Session
Submitting Department: Administration
Consent:[—] Regular;®
Meeting Date: 6/24/03
Contact Person: Pickering
Requesting Action:®
Tvne of Document Needing Approval (Check all that a
❑ Public Hearing ❑ Resolution
❑ Agreement ❑ Emergency Clause
❑ Special Consideration ❑ Intergovernmental Agreement
❑ Grant Submission ❑ Liquor/Bingo License Application
❑ Special Event Permit ❑ Special/Temp Use Permit
® Other: Council Policy and Procedures
Council Prioritv (Check Appropriate Areas):
® Education
❑ Public Fitness
❑ Public Safety
❑ Community Activities
❑ Public Works
❑ Human Service Needs
❑ Town Elections
❑ Community Development
Report Only:❑
❑ Ordinance
❑ Special Event Permit
❑ Acceptance
❑ Plat
❑ Library Services
❑ Economic Development
❑ Parks & Recreation
❑ Finance
Regular Agenda Wording: 3.) Discussion and CONSIDERATION of the proposed Council Policies and
Procedures.
�w Staff Recommendation: Approve Fiscal Impact: No
Purpose of Item and Background Information: To establish a written policy and procedure as a guideline for
council members.
List All Attachments as Follows: Policy and Procedures document
Type(s) of Presentation: verbal
Signatures of Submitting Staff:
Department Head
-off �3
Town nager
Budget Review
(if item not budgeted or exceeds budget amount)
TOWN OF FOUNTAIN HILLS
OFFICE OF
INTER OFFICE MEMO
TO: Honorable Mayor Nichols and Town
Council
DT: June 20, 2003
FR: Tim Pickering
RE: Council Policies and Procedures
As you recall, the Council met last month to begin discussion on the important issue of Council
Policies and Procedures. These rules will help us function more effectively as a team.
The Town Attorney has made the revisions that were agreed upon by the Council at the last
workshop. Additions appear double underlined and deletions are lined out.
I would suggest when reviewing this document at the June 24, 2003, meeting using the method
of "hand raising" as suggested by Councilmember Stevens on issues of disagreement.
I applaud you for your courage to tackle such a difficult subject. Fountain Hills will be better for
this in the future. See you then.
E:\BBender\Documents\Pickering\Revised Council Policies and Procedures.doc 6/20/2003
TOWN OF FOUNTAIN HILLS, ARIZONA
TOWN COUNCIL RULES OF PROCEDURE
�.. TABLE OF CONTENTS
TOWNOF FOUNTAIN HILLS, ARIZONA............................................................................................................1
SECTION 1. RULES OF PROCEDURE/AUTHORITY...........................................................................
1.1 PROCEDURES.............................................................................................................................1
1.2 PRESIDING OFFICER................................................................................................................1
1.3 PARLIAMENTARIAN................................................................................................................1
1.4 SUSPENSION OF THE RULES..................................................................................................1
SECTION2. DEFINITIONS.....................................................................................................................................1
2.1
AGENDA.......................................................................................................................................1
2.2
AGENDA PACKET......................................................................................................................2
2.3
CONSENT AGENDA...................................................................................................................2
2.4
COUNCIL......................................................................................................................................2
2.5
COUNCIL RULES........................................................................................................................2
2.6
MEETING.....................................................................................................................................2
2.7
NEWSPAPER................................................................................................................................2
2.8
NOTICE.........................................................................................................................................2
2.9
QUORUM......................................................................................................................................3
2.10
TOWN............................................................................................................................................3
SECTION3. MEETINGS..........................................................................................................................................3
3.1
REGULAR MEETINGS..............................................................................................................3
3.2
ADJOURNED MEETINGS.........................................................................................................3
3.3
SPECIAL MEETINGS.................................................................................................................3
3.4
WORK SESSIONS........................................................................................................................4
3.5
EXECUTIVE SESSIONS.............................................................................................................4
3.6
EMERGENCY MEETINGS........................................................................................................4
3.7
MEETINGS TO BE PUBLIC......................................................................................................4
3.8
MINUTES OF COUNCIL MEETINGS.....................................................................................4
SECTION4. NOTICE AND AGENDA...................................................................................................................5
4.1 POSTING NOTICES....................................................................................................................5
4.2 AGENDA PREPARATION.........................................................................................................5
4.3 DISTRIBUTION OF NOTICES AND AGENDAS..................................................................97
SECTION5. ORDER OF BUSINESS..................................................................................................................8
5.1 ORDER OF BUSINESS................................................................................................................8
5.2 REGULAR MEETINGS..............................................................................................................8
5.3 SPECIAL MEETINGS............................................................................................................1-2-13
5.4 WORK SESSION MEETINGS.................................................................................................13
SECTION 6. PROCEDURES FOR CONDUCTING THE MEETING..........................................................13
6.1 CALL TO ORDER......................................................................................................................13
6.2 PARTICIPATION OF PRESIDING OFFICER......................................................................14
6.3 QUESTION TO BE STATED....................................................................................................14
6.4 RULES/DECORUM/ORDER......................................................................................................................14
6.5 TELECONFERENCE PROCEDURE......................................................................................15
6.6 ADDRESSING THE COUNCIL..................................................................................................................15
9196.001\FHRules.of.Proc.v ..4.doc
46-2312-03-1
SECTION7. CONFLICT OF INTEREST....................................................................................................4812
7.1 INTRODUCTION...................................................................................................................4-919
7.2 PURPOSE OF CONFLICT OF INTEREST LAWS...............................................................19
7.3 APPLICABILITY OF THE ARIZONA CONFLICT OF INTEREST LAW........................19
7.4 DISCLOSURE OF INTEREST.................................................................................................19
7.5 WITHDRAWAL FROM PARTICIPATION...........................................................................19
7.6 RULE OF IMPOSSIBILITY.................................................................................................4-920
7.7 IMPROPER USE OF OFFICE FOR PERSONAL GAIN.......................................................20
7.8 SANCTIONS FOR VIOLATIONS............................................................................................20
7.9 NON -STATUTORY CONFLICTS OF INTEREST................................................................20
SECTION8. CODE OF ETHICS.......................................................................................................................20
9196.001 \FHRules.of Proc.v?-ldoc
46-2412-03-1
2
SECTION 1. RULES OF PROCEDURE/AUTHORITY
1.1 PROCEDURES
The following are the basis for and are used in conjunction with these basic Rules of Procedure
for meetings of the Council:
A. State Law
B. Town Code, including these Council Rules
C. Parliamentary Procedure at a Glance, New Edition, by O. Garfield Jones
D. Roberts Rules of Order, 9th edition as amended
In case of inconsistency, conflict or ambiguity among the documents listed above, such
documents shall govern in the order in which they are listed.
1.2 PRESIDING OFFICER
As provided by the Town Code, the Mayor, or in the Mayor's absence, the Vice -Mayor, is the
Presiding Officer of all Meetings of the Council. In the absence or disability of both the Mayor
and the Vice -Mayor, the Meeting shall be called to order by the Town Clerk, whereupon, the
Town Clerk shall immediately call for the selection of a temporary Presiding Officer.
1.3 PARLIAMENTARIAN
The Town Attorney shall serve as Parliamentarian for all Meetings. The Town Clerk shall act as
Parliamentarian in the absence of the Town Attorney and the Town Manager shall act as
Parliamentarian in the absence of both the Town Attorney and Town Clerk.
1.4 SUSPENSION OF THE RULES
The Council, by a three-quarter vote of all members present, may suspend strict observance of
these Council Rules or other policies and procedures for the timely and orderly progression of
the Meeting; provided, however, that a simple majority of the Council may cause a change in the
order of items on the Agenda.
SECTION 2. DEFINITIONS
2.1 AGENDA
As set forth in the Order of Business, an Agenda is a formal listing of items to be considered by
the Council at a noticed meeting of the Council. The content of the Agenda may not be changed
less than 24 hours prior to the public meeting: unless authorized by State law.
9196.001 \FHRules.of.Proc. v_-;-..doc
46-212-03-1
2.2 AGENDA PACKET
A compilation of documents supporting the items listed on the Agenda and requiring Council
action, which may be used by Council, staff and the public for more in-depth information than
may be presented in an oral report. The Agenda Packet is organized as set forth in the Order of
Business in Section 5 below and is provided or made available to the Council or any citizen who
files a public records request.
2.3 CONSENT AGENDA
Items listed on the Agenda and marked with an asterisk (*) that are considered to be routine,
non -controversial matters and will be enacted by one motion and one roll call vote of the
Council. All motions and subsequent approvals of Consent Agenda items will include all
recommended staff stipulations unless otherwise stated. There will be no separate discussion of
these items unless a Council Member or member of the public so requests. If a Council Member
or member of the public wishes to discuss an item on the consent agenda, 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.
2.4 COUNCIL
The Mayor and Common Council of the Town of Fountain Hills.
2.5 COUNCIL RULES
These Town of Fountain Hills, Arizona, Town Council Rules of Procedure.
2.6 MEETING
The gathering, in person or by technological devices, of a quorum of the Council, at which the
Council Members discuss, propose or take legal action, including any deliberations by a quorum
with respect to such action. If a quorum is not present, those in attendance will be named for the
record and, in the absence of the Presiding Officer, the Town Clerk will adjourn the Meeting.
2.7 NEWSPAPER
A daily or weekly paid publication of general circulation within the Town of Fountain Hills,
Arizona.
2.8 NOTICE
A formal announcement to the public that sets the date, time and the place at which a Meeting
will be held. Such notice of Meetings shall be in accordance with the State law, the Town Code
and these Council Rules.
9196.001\FMules.ofP oc.v>:4.doc
d6-2312-03-]
2
2.9 QUORUM
The minimum number of Members of the Council that must be present in order for business to
be legally transacted. With a seven -member body, a quorum is typically four Members, unless
otherwise specifically authorized by State law.
2.10 TOWN
The Town of Fountain Hills, an Arizona municipal corporation.
SECTION 3. MEETINGS
3.1 REGULAR MEETINGS
A. Regular Meeting Date; Time. The Council shall hold regular Meetings on the
first and third Thursday of each month at six thirty p.m. When deemed
appropriate, any regular Meeting date of the Council may be changed by the
Mayor or by a majority of the Council, except that at least one regular Meeting a
month must be held and that such notice of the rescheduled 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 Town Manager. The Council may provide for a
"Call to the Public" at such regular Meetings.
B. Holidays. When the day for a regular Meeting of the Council falls on a legal
holiday, no Meeting shall be held on such holiday, but such Meeting shall be held
at the same time and the same location on the day designated by the Council that
is not a holiday.
C. Rescheduled Meetings. In order to accommodate vacation scheduling of Council
Members, the Council may, by majority vote, adjust the schedule of the regular
Meetings to a mutually convenient date and time.
3.2 ADJOURNED MEETINGS
Any Meeting may be adjourned to a time, place and date certain, but not beyond the next regular
Council Meeting. Once adjourned, the Meeting may not be reconvened except at the time, date
and place provided for in the motion to adjourn.
3.3 SPECIAL MEETINGS
The Mayor, or the Town Clerk, upon the written request of rthree Council Members, may
convene the Council at any time after giving at least 24 hours notice of such Meeting to members
of the Council and the general public. The notice shall include the date, place, hour and purpose
of such special Meeting. In the case of an actual emergency, a Meeting may be held upon such
notice as is appropriate to the circumstances.
9196.001\FHRules.of. Pmc. v;:4.doc
46-22319-03-1
3.4 WORK SESSIONS
A. When Convened. Work sessions may be convened at such time, date and location
as determined by the Mayor or the Council.
B. Purpose. Work sessions are held for the purpose of presentations and discussions
on such issues that require more in-depth consideration of the Council than may
be possible at a regular Meeting. No formal action of the Council may be taken at
such Meetings, other than general consensus or conveying direction to staff for
further action. These Meetings shall not provide for a "Call to the Public."
3.5 EXECUTIVE SESSIONS
Subject to applicable State law, the Council may hold such closed executive sessions as
necessary to conduct the business of the Town.
3.6 EMERGENCY MEETINGS
As provided for by State law, the Mayor and Council or the Town Manager may call a special
emergency Meeting to discuss or take action on an unforeseen issue where time is of the essence
and sufficient time does not provide for the posting of a Meeting notice 24 hours or more before
the Meeting. Notice of an emergency Meeting of the Council will be posted within 24 hours
following the holding of an emergency Meeting. The notice will include the emergency
Meeting's Agenda and a brief but complete description of the nature of the emergency.
Emergency Meetings shall not provide for a "Call to the Public."
3.7 MEETINGS TO BE PUBLIC
A. Open to Public. With exception of Council executive sessions, all regular, special
and work session Meetings of the Council shall be open to the public.
B. All publie Meetings may be r-eeerded of photogfaphed by means of audio,
video
g ip e
however-, that thefe is not inte4ar-enee in
the ofdefly eonduet of ig, and that said equipinent is plaeed in non
ha aFElotis I-A-eati-en was designated by the Town —Mget: of „the ed-
designee. Public Comment. Public comment (Call to the public) is not taken at
work sessions, emergency Meetings or at special Meetings, unless the special
Meeting is held in place of a regular Meeting, or unless the special Meeting
includes a public hearing on the Agenda.
3.8 MINUTES OF COUNCIL MEETINGS
A. Staffing. The Town Clerk shall ensure staff attendance at all regular, special,
work session, emergency and executive session Meetings of the Council for the
purpose of taking notes and/or audio recordation of the Meeting.
9196.001 THRules. of.Pmc. v4.ldoc
464-312-03-1
4
B. Recordings, written minutes. To the extent possible, all open, public Meetings
shall be recorded by means of audio or video technology. In addition, written
minutes reflecting legislative intent shall be taken so that an accounting of the
issues discussed and actions taken is compiled and entered into the permanent
Minute Book of the Town and kept on file and of record in the Office of the Town
Clerk. Audio or video recordings of Meetings will be retained for a period of
time in accordance with the current Town of Fountain Hills and/or State of
Arizona approved records retention and disposition schedules.
C. Availability. All Meeting minutes of the Council are deemed to be public
records, with the exception of executive session minutes, which, while they fall
under the definition of and are considered public records by State law, are deemed
confidential and are only available under limited conditions or by Court Order.
Transcribed minutes, or the audio or video recordings of all open Meetings of the
Council must be on file in the office of the Town Clerk and available for public
review by 5:00 p.m. on the third working day following each Meeting, or as
provided by State law. Minutes of all regular Meetings of the Council are made
available (i) through subscription for a fee and (ii) through the Town's Web Site.
D. Executive Sessions. Minutes of executive sessions (i) shall be confidential, (ii)
are maintained and secured by the Town Clerk and (iii) may be accessed only as
provided by State law.
E. Approval. Minutes of all regular Meetings of the Council may be approved under
the consent agenda, unless removed for discussion and separate action.
MeetingsF. Minutes of all regulaf
S 1 rt;, ., for . fee n (ii) th, gh the Town's Web Site.
SECTION 4. NOTICE AND AGENDA
4.1 POSTING NOTICES
A. Time. The Town Clerk, or authorized designee, shall prepare all public Meeting
notices of the Town Council, and shall ensure posting of the Meeting notices no
less than 24 hours before the date and time set for said Meetings in accordance
with State law.
B. Locations. Meeting notices shall be posted at a minimum of three locations
within the Town, including the Community Center, Town Hall and the Post
Office.
4.2 AGENDA PREPARATION
9196.001WHRules.of.Proc. v>,.doc
46--414-03-1
9
A. Availability. The Town Manager, or authorized designee, shall prepare the
Agendas for all Meetings of the Council as set forth below. Agendas of all
Meetings of the Council shall generally be available to the public no less than 24
hours prior to said Meetings. Upon request Agendas will be provided at no
charge to political subdivisions or educ ational n5titiition_s,, and_are made available
through the Town's web site.
B. Upon ,
institutions, Agendas will be pfevided at no ehar-ge to politioal subdivisions E)
edueational .
GB. Submittal Process. Items may be placed on the Agenda for discussion and
possible action by the following process:
1. All Departments: Preparation of Agenda item cover/routing sheet with
signatures of the department director, the accounting supervisor (if
applicable), the Town Attorney (if applicable), and staff report (including
all attachments) for submittal to the Town Manager two business days
prior to Agenda Packet preparation day (the Friday prior to Meeting date).
Town Manager approves/amends items and signs off, finalizing the item
for inclusion in the Agenda Packet.
2. Mayor and Town Council Members: Any Council Member may request
that the Council place an item on a future Agenda during the "Council
Direction to Town Manager" portion of a Meeting. If, without discussion
or debate, there is no objection from other Council Members, such item
shall be placed on a future Agenda for action. If a Council Member
wishes to discuss whether such item is appropriate for Council
consideration, he or she shall so state and the item shall be included on a
future Agenda under "Council Direction to Town Manager" for discussion
relating only to the propriety of placing such item on a future Agenda for
action.
3. Town Manager: The Town Manager may place an item on the Agenda by
including appropriate documentation.
4. Citizen or Group: A citizen or group may apply to have an item placed on
the Agenda as follows:
a. Obtain a "Scheduled Public Appearance/Presentation" form from
the Town Clerk and, when completed, return it to the Town Clerk
for submission to the Town Manager.
b. The Town Manager or authorized designee shall research the issue
to determine if it may be handled administratively or will require
Council discussion. If it is determined that the matter should be
placed before the Council, the Town Manager shall ensure that
documentation, if any, is compiled and the material included in the
9196.001\FHRules.of.Proc.v ,.4..doc
46-2-512-03-1
6
Agenda Packet. If the Town Manager determines that the subject
should not be placed on the Agenda, an individual wishing to have
an item on the Agenda as a "Scheduled Public Appearance" may
(i) ask that the request be forwarded to the Mayor for consideration
or (ii) obtain the written request of three members of the Council to
place the item on the Agenda, and submit that request to the Town
Manager.
13 C. Time Lines for Submission of Items.
1. Agenda items shall be submitted to the Town Manager by 5:00 P.M., eight
calendar days prior to regular Meetings to ensure timely delivery to
Council Members.
2. The Town Manager may approve exceptions to the schedule above in
order to ensure that the distribution of all Agenda Packets to the Council is
in conformance with these Council Rules.
3. Any presentation items requiring audio/visual support must be submitted
to the information and technology department a minimum of 48 hours
prior to the Meeting to ensure proper coordination and preparation.
Department directors are responsible for obtaining presentation materials
from applicants or presenters involved in their respective Agenda items.
ED. Agenda Item Submittals for Town Council Executive Sessions. Items may be
placed on the Agenda for Council executive session discussion (if in compliance
with the Town Code and applicable State Statutes) by the following process:
1. Submission by a Council Member, the Town Manager or the Town
Attorney (with notice to all Council Members).
2. Submission by the Mayor (with notice to all Council Members).
3. The Town Manager and the Town Attorney shall review the submittal for
executive session discussion, prior to placement on the Agenda, to ensure
that the item is the proper subject of an executive session pursuant to State
law.
4. The Town Attorney shall advise the Town Clerk regarding the appropriate
Agenda language of executive session items.
FE. Aizenda Packets. Full Agenda Packets for ALL noticed Meetings (except
executive session documentation) of the Council shall be made available to
Council Members at Town Hall, generally six days before such Meetings;
provided, however, that Agenda Packets may be delivered or supplemented later
under special circumstances so long as no Agenda Packet material is delivered
9196.00IWHRules.of.Proc. v_i:$.doc
46-9419-03-1 --
less than 48 hours prior to the Meeting, except in the case of an emergency
Meeting.
4.3 DISTRIBUTION OF NOTICES AND AGENDAS
A. Conies. The Town Clerk shall ensure that the Mayor and Council receive copies
of all Meeting notices and Agendas, and any documentation provided for said
Meeting, no less than 24 hours prior to the Meeting.
B. Distribution. The Town Clerk shall ensure that the Meeting notices, Agendas and
documentation, as deemed necessary, are distributed to the Town Manager, Town
Attorney and department directors. Courtesy copies will be available to the press,
public subdivisions, educational institutions and others as directed by the Mayor
through the Town Manager no less than 24 hours prior to said Meeting.
C. Amendments. The Town Manager, or authorized designee, may amend a
published Agenda, but no less than 24 hours prior to the designated Meeting.
Amended Agendas will indicate the date amended.
SECTION 5. ORDER OF BUSINESS
5.1 ORDER OF BUSINESS
The Order of Business of each Meeting shall be as contained in the Agenda. The Agenda shall
be a sequentially numbered listing by topic and a brief description of business items that shall be
taken up for consideration.
5.2 REGULAR MEETINGS
The Agenda shall be prepared in the following order:
AGENDA
Call To Order & Pledge Of Allegiance
Invocation/Moment of Reflection
Roll Call
Mayor's Report (including proclamations)
Scheduled Public Appearances/Presentations (if any)
Consent Agenda (preceded by the following explanatory paragraph)
* All items listed with an asterisk (*) are considered to be routine, non -controversial
matters and will be enacted by one motion and one roll call vote of the Council. All
motions and subsequent approvals of consent items will include all recommended staff
stipulations unless otherwise stated. There will be no separate discussion of these items
unless a Council Member or member of the public so requests. If a Council Member or
member of the public wishes to discuss an item on the consent agenda, they may request
so prior to the motion to accept the Consent Agenda. The item will be removed from the
Consent Agenda and considered in its normal sequence on the Agenda.
9196.001 \FHRules. of. Proc. v3:3.doc
46-2412-03-1
Action Items (grouped by subject to the extent possible)
Council Assessment and Review
Council Discussion/Direction to Town Manager (Items to be placed on future
agendas)
Summary of Council Requests by Town Manager
Call to the Public (Non -agenda items)
Adjournment
All Agendas shall have the following statement placed at the bottom:
The Town of Fountain Hills endeavors to make all public Meetings accessible to persons
with disabilities. Please call 837-2003 (voice) or 1-800-367-8939 (TDD) 48 hours prior
to the Meeting to request a reasonable accommodation to participate in this Meeting or
to obtain Agenda information in large print format.
DATE POSTED: TIME POSTED:
A. Roll Call. Following the Call to Order and the Pledge of Allegiance, the Moment
of Reflection and before proceeding with the business of the Council, the
Presiding Officer shall direct the Town Clerk or authorized designee to call the
Roll, and the names of Council Members both present and absent shall be entered
into the minutes. The order of roll call shall be: Mayor, Vice Mayor and then
Council Members from the Mayor's far right to the Mayor's far left.
B. Mayor's Report. The Mayor may use "Mayor's Report" to announce
appointment to committees, read proclamations, etor conduct other
ceremonial matters as listed on the posted Agenda
C. Scheduled Public Appearances/Presentations. The process set forth below
applies members of the public or groups wishing to place an item on the
Agenda under "Scheduled Public Appearances/Presentations". If the
request is approved by the Town Manager, the item will appear on the
agenda.
D. Consent Agenda.
1. The Consent Agenda includes items that are of such a nature that
discussion is not required, or issues that have been previously
studied by the Council. These items may be adopted by one
motion and a roll call vote.
2. There is no detailed discussion on items listed under the Consent
Agenda, unless a member of the Council or any member of the
public in attendance at the Meeting requests that an item or items
9196.001 \FHRules. o f. Proc. v_+.-_.doc
4t_-3519-03-1
9
CJ
be removed for discussion. Council Members or the public may not
ask a question without removal of the item from the Consent
Agenda.
3. Items removed from the Consent Agenda are considered in their
normal sequence as listed on the Agenda, unless called out of
sequence as provided under Section 1.4 above.
E. Action Items.
1. At the time each business item is presented to the Council, the
Town staff shall present a report on the subject and the applicant,
if any, may also speak. The Mayor will then call the speaker cards
of those citizens desiring input and comments. All citizens and
interested parties wishing to speak before the Council shall fully
complete speaker's request forms and submit the forms to the
Town Clerk, or designee, prior to consideration of that Agenda
item. Sufficient speaker request forms shall be located in the
Council Chamber's Lobby (the public entry area into the Chamber)
and at the Town Clerk's position on the dais. The completed forms
will be retained with the Agenda Packet material by the Town
Clerk.
2. Those speaking before Council will be allowed three minutes to
address Council, but time limits may be waived i the
Town Manager upon request by the speaker not less than 24 hours
prior to a Meeting. (ii) consensus of the Council at a Meeting or (iii�
the Mayor either prior to or during a Meeting.
3. The purpose of all public comments is to provide information and
the speaker's views for Council consideration. It is not appropriate
for the speakers to question directly, or debate the matter under
consideration with staff, other speakers, the audience, or Members
of the Council; all remarks will be addressed to the Presiding
Officer and not to individual Council Members. All comments shall
be addressed through the Presiding Officer who shall decide if any
response is warranted and who, if anyone, shall address the
concern. Council Members may request, upon recognition by the
Presiding Officer, clarification of comments or materials presented
by the speakers, any applicant's representatives or Town staff;
9196,001THRules.of.Proc.v .ldoc
4b=519-03-1
to
AJ
provided, however, that no Council Member shall engage in debate
directly with such speakers, representatives or Town staff.
4. Proper decorum must be observed by Members of the Council, by
speakers in providing testimony and remarks and by the audience.
In order to conduct an orderly business Meeting, the Presiding
Officer shall keep control of the Meeting and shall require the
speakers and audience to refrain from abusive or profane remarks,
disruptive outbursts, applause, protests or other conduct that
disrupts or interferes with the orderly conduct of the business of
the Meeting. Personal attacks on Council Members, Town staff or
members of the public are not allowed. It is inappropriate to utilize
a public hearing or other Agenda item for the purpose of making
political speeches, including threats of political action. Engaging in
such conduct, and failing to cease such conduct upon request of
the Presiding Officer, will be grounds for ending a speaker's time at
the podium or, at the direction of the Presiding Officer, for removal
of any disruptive person from the Meeting.
5. Generally, Agenda items requiring public hearings, other than those
of a quasi-judicial nature, shall be conducted in the following order:
9196.001\FHRules.of Proc.v_-4-ldoc
46-2-512-03-1
a. The Presiding Officer will announce the matter that is set
forth for a public hearing and, if appropriate, ask the staff to
provide a report of the matter.
b. The Presiding Officer will then ask the applicant to speak
regarding the matter.
C. At the conclusion of the staff report and/or presentation by
the applicant, the Presiding Officer will open the public
hearing for comments from the public.
d. After all public comments are heard, the Presiding Officer
will close the public hearing, and may ask staff or the
applicant to respond to the comments.
e. The Presiding Officer may then call for a motion and second,
if applicable, and ask if Council wishes to discuss the issue.
Council may then proceed to discuss the matter.
f. Upon the conclusion of Council comment, the Presiding
Officer will call for action on the motion.
g. Exhibits, letters, petitions, and other documentary items
presented or shown to the Council on a public hearing item
become part of the record of the public hearing and shall be
maintained by the Town Clerk.
h. Ten collated sets of written or graphic materials should be
provided by the speaker prior to the commencement of the
hearing to allow for distribution to the Council, key Town
staff and the Town Clerk for inclusion in the public record.
Reduced copies (8 1/2" 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. Upon approval of (i) the Presiding Officer or (ii)
a majority of the Council, persons may be allowed to speak longer
than three minutes. Council may ask the individual speaker
questions through the Presiding Officer.
7. Quasi-judicial hearings shall be conducted in accordance with the
principles of due process, and the Town Attorney shall advise the
Council in this regard.
F. Council Assessment and Review. At the conclusion of the Action Items on
the Agenda, Council Members may offer comments as to procedural
strengths and weaknesses of the process of that Meeting. Council
Members may offer suggestions to streamline the Meeting process in the
future.
G. Council Direction to Town Manager. At the conclusion of the Council
Assessment and Review, the Council may give direction to the Town
Manager to follow-up on matters presented at that Meeting or to bring an
item before the Council on a future Agenda.
H. Summary of Council Requests by Town Manageer. At the conclusion of the
Council Direction to Town Manager, the Town Manager shall review with
the Council all matters raised at that Meeting requiring follow-up from the
Town Mana ea r or Town staff.
9196.001THRules.of.Pme.v.�:< doc
1b_-3512-03-1
12
I. Call to the Public.
1. All citizens and interested parties will be limited to a maximum of
three minutes to address the Council on a non -Agenda item. In
order to comply with State law, the Council may not discuss any
issue raised at call to the public and not listed on the Agenda,
except to thank the speaker or direct the Town Manager to follow
up on the matter and/or schedule it for a future public Meeting.
2. All citizens and interested parties wishing to speak before the
Council shall fully complete a speaker's request form.
3. At the conclusion of all e i iz n 's comments, the Presiding
Officer may take any or all of the following actions:
a. Thank speaker for addressing issue.
b. Ask staff to review matter.
C. Ask that a matter be put on a future Agenda.
J. Adjournment. The open, public Meetings of the Council may be adjourned
by consensus of the Council.
�. 5.3 SPECIAL MEETINGS
A. As Substitute for Regular Meeting. If a special Meeting is being held in
place of a regular Meeting, the Agenda shall be as set forth for a regular
Meeting.
B. Generally. For all other special Meetings, the Agenda shall be prepared in
the following order:
AGENDA
Call To Order
Roll Call
Consent Agenda (if needed — explanatory paragraph same as regular Meeting)
Action Items (grouped by subject to the extent possible)
Adjournment
5.4 WORK SESSION MEETINGS
The primary purpose of work session Meetings is to provide the Council with the
opportunity for in depth discussion and study of specific subjects. Public comment is
9196.001\FHRules.O£Pmc. v'r.4_.doc
4St44R-03-1
13
not provided for on the Agenda and may be made only as approved by consensus of
the Council. In appropriate circumstances, a brief presentation may be permitted by a
member of the public or another interested party on an Agenda item if invited by the
Mayor and Council to do so. The Presiding Officer may limit or end the time for such
presentations.
The work session Agenda shall be prepared in the following order:
Call To Order
Roll Call
Work Session Statement (explanatory statement)
All Items Listed Are For Discussion Only. No Action Can Or Will Be
Taken.
The primary purpose of work session Meetings is to provide the Town Council
with the opportunity for in depth discussion and study of specific subjects.
Public comment is not provided for on the Agenda and may be made only as
approved by consensus of the Mayor and Council. In appropriate circumstances,
a brief presentation may be permitted by a member of the public or another
interested party on an Agenda item if invited by the Mayor and Council to do so.
The Presiding Officer may limit or end the time for such presentations.
Agenda Items For Discussion (Items Numbered For Order)
Adjournment
SECTION 6. PROCEDURES FOR CONDUCTING THE MEETING
6.1 CALL TO ORDER
A Meeting of the Council shall be called to order by the Presiding Officer, (the Mayor or
in his/her absence, by the Vice -Mayor). In the absence of both the Mayor and Vice -
Mayor, the Meeting shall be called to order by the Town Clerk; whereupon, the Town
Clerk shall immediately call for the selection of a temporary Presiding Officer.
6.2 PARTICIPATION OF PRESIDING OFFICER
The Presiding Officer may debate from the Chair, subject only to such limitations of
debate as are imposed on all Council Members, and he/she shall not be deprived of any
of the rights and privileges of a Council Member by reason of his/her acting as Presiding
Officer. However, the Presiding Officer is primarily responsible for the conduct of the
Meeting.
6.3 QUESTION TO BE STATED
The Presiding Officer shall verbally restate each question immediately prior to calling for
discussion and/or the vote. Following the vote, the Presiding Officer shall ask the Town
Clerk or designee to verbally announce the results of voting, including the yeas, nays
.., and abstentions. The Presiding Officer shall publicly state the effect of the vote for the
9196.001\FHRules.of.Proc.v_+4_doc
46-2512-03-1
14
benefit of the audience before proceeding to the next item of business. Formal votes
shall not be taken at work sessions or executive sessions.
6.4 RULES/DECORUM/ORDER
A. Points of Order. The Presiding Officer shall determine all points of order
after consultation with the Parliamentarian, subject to the right of any
member to appeal such determination to the whole Council. If any appeal
is taken, the question (motion) shall be: "Shall the decision of the
Presiding Officer be sustained?" In which event, following a second, a
majority vote shall govern, and conclusively determine such question of
order.
B. Order and Decorum.
1. Council Members: Any Council Member desiring to speak shall
address the Presiding Officer and, upon recognition by the
Presiding Officer, may speak.
2. Employees: Members of the administrative staff and employees of
the Town shall observe the same rules of procedure and decorum
applied to members of the Council. The Town Manager shall
ensure that all Town employees observe such decorum and will
direct the participation of any staff member in the discussion of the
Council. The Town Manager shall first be recognized by the
Presiding Officer prior to addressing the Council. Any staff member
desiring to speak shall first be recognized by the Town Manager.
3. Public: Members of the public attending the Meetings shall observe
the same rules of order and decorum applicable to the Council.
Unauthorized remarks or demonstrations from the audience, such
as applause, stamping of feet, whistles, boos or yells shall not be
permitted by the Presiding Officer, who may direct a Public Safety
Officer to remove such offender/s from the room.
C. Enforcement of Decorum. Proper decorum is to be maintained during all
Meetings by the Council, staff and guests. It is the responsibility of the
Presiding Officer of the Meeting to ensure compliance with this Policy.
AThe Presidina Officer shall reauest 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-_Pres.din -_Officer, the Presiding Officer
may direct -a Public Safety Officer eF etheF staff meFfl present at the
Meeting fflay be efnpeweFed and diFeeted by the PFesiding GffiEe to
9196.001\FHRules.of.Proc. v-�A doc
t4.12-03-1
15
remove from the Meeting afvythe person wheFawhose conduct is
disorderly or disruptive.
6.5 TELECONFERENCE PROCEDURE
Meetings may be conducted by teleconference as follows:
A. Prior Notice. When a member of the Council is unable to attend a
Meeting and desires to participate in the Meeting by telephone, the
member shall be permitted to do so provided the member gives the Town
Clerk, or designee, notice of his or her inability to be present at the
Meeting at least 48 hours prior to the Meeting.
B. Notation on Agenda The notice of the Meeting and the Agenda shall
include the following: "Council Members of the Town of Fountain Hills will
attend either in person or by telephone conference call."
C. Public Access. Facilities will be used at the Meeting to permit the public to
observe and hear all telephone communications.
D. Notation in Minutes. The Minutes of the Meeting shall clearly set forth
which members are present in person and which are present by
telephone. The Minutes shall also describe the procedures followed to
provide the public access to all communications during the Meeting.
6.6 ADDRESSING THE COUNCIL
A. Manner of Addressing the Council.
1. Any member of the public desiring to address the Council shall
proceed to the podium after having been recognized by the
Presiding Officer. There shall be no loud vocalization (shouting or
calling out) from the seating area of the Council Chamber. At the
podium, he/she shall clearly state his/her name and address for the
record.
2. Special assistance for sight and/or hearing -impaired persons can be
provided. Anyone requiring such assistance should contact the
Town Clerk 48 hours before a Meeting to request an
accommodation to participate in the Meeting.
B. Limitation Regarding Public Comment and Reports. The making of oral
communications to the Council by any member of the public during the
9196.001THRules. of. Proc.v -l.doe
46-2512-03-1
16
"Call to the Public: (Non -Agenda Items)" or under an action item, shall be
subject to the following limitations:
1. All citizens wishing to address the Council shall complete and
submit a speaker's request form as set forth in Section 5.2.I.
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.
4. Oral communications during the Meeting may not be used to lodge
charges or complaints against any employee of the Town,
regardless of whether such employee is identified in the
presentation by name or by any other reference that tends to
identify him. Any such charges or complaints against employees
shall be submitted during normal business hours to the Town
Manager for appropriate action.
C. Motions.
1. Processing of Motions: When a motion is made and seconded, it
shall be stated by the Presiding Officer before debate.
2. Precedence of Motions: When a motion is before the Council, no
motion shall be entertained except the following, which shall have
precedence in the following order:
debate
9196.001 \FHRules.of.Proc.v:..Idoc
46?312-03-1
a. Fix the time to adjourn
b. Adjourn
C. Recess
d. Raise a question of Privilege
e. Table
f. Limit or extend limits of
+g. Postpone to a certain time and date
,jh. Amend
k. Postpone Indefinitely
11. Main Motion
17
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 be
undebatable and shall preclude all amendments or debate of the
subject under consideration. If the motion shall prevail, the matter
may be "taken from the table" at any time prior to the end of the
next regular Meeting.
5. Motion to Limit or Terminate Discussion: Such a motion shall be
used to limit or close debate on, or further amendment to, the
main motion. This is referred to as "Call for the Question" and is
the motion used to cut off debate and to bring the group to an
immediate vote on the pending motion; it requires a two-thirds
vote. The vote shall be taken by voice. If the motion fails, debate
shall be reopened; if the motion passes, a vote shall be taken on
the main motion.
6. Motion to Amend:
a. A motion to amend shall be debatable only as the
amendment. A motion to amend an amendment shall be in
order, but a motion to amend an amendment to the
amendment shall not be in order.
b. An amendment modifying the intention of a motion shall be
in order, but an amendment relating to a different matter
shall not be in order.
C. Amendments shall be voted on first, then the main motion
as amended.
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.
9196.001THRules.of.Proc.vJ' Ldoc
4b-2314-03-1 —
is
D. Addressing the Council after Motion is Made. After the motion has been
made, or after a public hearing has been closed, no member of the public
shall address the Council without first securing permission from the
Presiding Officer.
E. Voting Procedure.
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.
b. The vote on each motion shall be entered into the record by
names of the Council Members voting for or against. The
Record also shall include the names of any member not
casting a vote by reason of being absent from the room at
the time of the vote.
C. If a Council Member has declared a Conflict of Interest and
is absent during the roll call vote, the Town Clerk shall
include "Absent for the Vote due to declared Conflict of
Interest" in the Official Minutes as part of the results of the
vote.
d. If the roll call method of voting is used, the Town Clerk or
designee shall call the names of all members in random
order with each new vote. Members shall respond "Aye" or
Nay.
2. Failure to Vote:
a. All members of the Council in attendance of a duly called
Meeting that requires formal Council action are required to
vote. A member may abstain from voting only if he or she
has a conflict of interest under State law, in which case such
member shall take no part in the deliberations on the matter
in question.
b. Should a Council Member fail to vote, his/her vote shall be
counted with the majority of votes cast; however, in the
event of a tie vote, his/her vote shall be counted as "Aye."
9196.001 THRules.of.Proc.v ,Ldoc
46-2412-03-1
19
3. Reconsideration: Any member of the Council who voted with the
majority may move a reconsideration of any action at the same or
next regular Meeting. After a motion for reconsideration has once
been acted upon, no other motion for reconsideration thereof shall
be made without the unanimous consent of the Council.
SECTION 7. CONFLICT OF INTEREST
7.1 INTRODUCTION
Occasionally, a Council Member may find himself/herself in a situation which requires
that Council Member remove himself/herself from participation in discussion and voting
on a matter before the Council. This situation exists when the Council Member has a
"conflict of interest" as defined by the Arizona Conflict of Interest Law. This law
establishes minimum standards for the conduct of public officers and employees who, in
their official capacity, are, or may become involved with, a decision which might unduly
affect their personal interests or those of their close relatives.
7.2 PURPOSE OF CONFLICT OF INTEREST LAWS
The purpose of Arizona's Conflict of Interest Law is to prevent self -dealing by public
officials and to remove or limit any improper influence, direct or indirect, which might
bear on an official's decision, as well as to discourage deliberate dishonesty.
7.3 APPLICABILITY OF THE ARIZONA CONFLICT OF INTEREST LAW
The Arizona Conflict of Interest Law, as now set forth or as amended in the future,
applies to all actions taken by Council Members.
7.4 DISCLOSURE OF INTEREST
Any Council Member who may have a conflict of interest should seek the opinion of the
Town Attorney as to whether a conflict exists under the State law. Any Council Member
who has a conflict of interest in any decision must disclose that interest. The Council
Member may either file a signed, written disclosure statement fully disclosing the
interest, or declare the existence of the conflict and the reasons therefore at a Meeting
and then ensure that a copy of the Minutes is filed in the Clerk's Office in the file
containing conflict of interest disclosures. The Disclosure of the conflict shall include a
statement that the Council Member withdraws from further participation regarding the
matter. The Town Clerk shall maintain for public inspection all documents necessary to
memorialize all disclosures of a conflict of interest by a Council Member.
9196.001THRules.of.Proc. v,»A doc
46-2--512-03-1
20
7.5 WITHDRAWAL FROM PARTICIPATION
Having disclosed the conflict of interest and withdrawn in the matter, the Council
Member must not communicate about the matter with anyone involved in the decision
making process in any manner. Further, the Council Member should not otherwise
attempt to influence the decision and should remove himself/herself from the Council
Chamber, or other location where a meeting is being held, while the matter is
considered. Failure to disclose any conflict of interest is addressed in Section 7.8
below.
7.6 RULE OF IMPOSSIBILITY
In the unlikely situation the majority of Council Members have a conflict of interest and
the Council is unable to act in its official capacity, Members may participate in the
Council's decision after making known their conflicts of interest in the official records.
7.7 IMPROPER USE OF OFFICE FOR PERSONAL GAIN
Public officers and employees are prohibited from using or attempting to use their
official positions to secure valuable things or benefits for themselves, unless such
benefits are part of the compensation they would normally be entitled to for performing
their duties.
7.8 SANCTIONS FOR VIOLATIONS
Violations of the conflict of interest provisions set forth herein shall be punished as
provided for in State law.
7.9 NON -STATUTORY CONFLICTS OF INTEREST
Occasionally, a Council Member may feel that he/she should ethically refrain from
participation in a decision even though the circumstances may not amount to a conflict
of interest under the State law described above. It is the policy of the Council to
encourage Council Members to adhere to strongly held ethical values which are
exercised in good faith. However, subsection 6.6.E.2 above encourages participation in
the decision making process unless the matter involves a statutory conflict of interest
set forth by State law. Therefore, failure to vote on a matter for any reason other than
a conflict of interest under State law shall be considered a vote cast with the majority
or, if no majority exists, it shall be considered an "aye" vote.
SECTION 8. CODE OF ETHICS
9196.001THRules. of Proc. v.:A doc
46-2419-03-1
21
Section 8 is reserved for a Future Code of Ethics which is anticipated to be adopted by
the Town after due deliberation.
9196.001THRules.uf.Proc. v.- :.aloe
46-3319-03-1
22
TOWN OF FOUNTAIN HILLS, ARIZONA
TOWN COUNCIL RULES OF PROCEDURE
`�.. TABLE OF CONTENTS
TOWNOF FOUNTAIN HILLS, ARIZONA............................................................................................................1
SECTION 1. RULES OF PROCEDURE/AUTHORITY ...........................
1.1 PROCEDURES.............................................................................................................................1
1.2 PRESIDING OFFICER................................................................................................................1
1.3 PARLIAMENTARIAN................................................................................................................1
1.4 SUSPENSION OF THE RULES..................................................................................................1
SECTION2. DEFINITIONS.....................................................................................................................................1
2.1
AGENDA.......................................................................................................................................1
2.2
AGENDA PACKET......................................................................................................................2
2.3
CONSENT AGENDA...................................................................................................................2
2.4
COUNCIL......................................................................................................................................2
2.5
COUNCIL RULES........................................................................................................................2
2.6
MEETING.....................................................................................................................................2
2.7
NEWSPAPER................................................................................................................................2
2.8
NOTICE.........................................................................................................................................2
2.9
QUORUM......................................................................................................................................3
2.10
TOWN............................................................................................................................................3
SECTION3. MEETINGS..........................................................................................................................................3
3.1
REGULAR MEETINGS..............................................................................................................3
3.2
ADJOURNED MEETINGS.........................................................................................................3
3.3
SPECIAL MEETINGS.................................................................................................................3
3.4
WORK SESSIONS........................................................................................................................4
3.5
EXECUTIVE SESSIONS.............................................................................................................4
3.6
EMERGENCY MEETINGS........................................................................................................4
3.7
MEETINGS TO BE PUBLIC......................................................................................................4
3.8
MINUTES OF COUNCIL MEETINGS.....................................................................................4
SECTION4. NOTICE AND AGENDA...................................................................................................................5
4.1 POSTING NOTICES....................................................................................................................5
4.2 AGENDA PREPARATION.........................................................................................................5
4.3 DISTRIBUTION OF NOTICES AND AGENDAS....................................................................7
SECTION5. ORDER OF BUSINESS..................................................................................................................8
5.1 ORDER OF BUSINESS................................................................................................................8
5.2 REGULAR MEETINGS...............................................................................................................8
5.3 SPECIAL MEETINGS...............................................................................................................13
5.4 WORK SESSION MEETINGS.................................................................................................13
SECTION 6. PROCEDURES FOR CONDUCTING THE MEETING..........................................................13
6.1 CALL TO ORDER......................................................................................................................13
6.2 PARTICIPATION OF PRESIDING OFFICER......................................................................14
6.3 QUESTION TO BE STATED....................................................................................................14
6.4 RULES/DECORUM/ORDER......................................................................................................................14
6.5 TELECONFERENCE PROCEDURE......................................................................................15
6.6 ADDRESSING THE COUNCIL..................................................................................................................15
9196.001\FHRules.of Proc.v4.doc
6-19-03-1
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 INTEREST LAW........................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
SECTION8. CODE OF ETHICS.......................................................................................................................20
9196.001\FffRules.of Proc.v4.doc
6-19-03-1
SECTION 1. RULES OF PROCEDURE/AUTHORITY
1.1 PROCEDURES
The following are the basis for and are used in conjunction with these basic Rules of Procedure
for meetings of the Council:
A. State Law
B. Town Code, including these Council Rules
C. Parliamentary Procedure at a Glance, New Edition, by O. Garfield Jones
D. Roberts Rules of Order, 9th edition as amended
In case of inconsistency, conflict or ambiguity among the documents listed above, such
documents shall govern in the order in which they are listed.
1.2 PRESIDING OFFICER
As provided by the Town Code, the Mayor, or in the Mayor's absence, the Vice -Mayor, is the
Presiding Officer of all Meetings of the Council. In the absence or disability of both the Mayor
and the Vice -Mayor, the Meeting shall be called to order by the Town Clerk, whereupon, the
Town Clerk shall immediately call for the selection of a temporary Presiding Officer.
1.3 PARLIAMENTARIAN
The Town Attorney shall serve as Parliamentarian for all Meetings. The Town Clerk shall act as
Parliamentarian in the absence of the Town Attorney and the Town Manager shall act as
Parliamentarian in the absence of both the Town Attorney and Town Clerk.
1.4 SUSPENSION OF THE RULES
The Council, by a three-quarter vote of all members present, may suspend strict observance of
these Council Rules or other policies and procedures for the timely and orderly progression of
the Meeting; provided, however, that a simple majority of the Council may cause a change in the
order of items on the Agenda.
SECTION 2. DEFINITIONS
2.1 AGENDA
As set forth in the Order of Business, an Agenda is a formal listing of items to be considered by
the Council at a noticed meeting of the Council. The content of the Agenda may not be changed
less than 24 hours prior to the public meeting, unless authorized by State law.
9196.001\FIIRu1es.of Pmc.v4.doc
6-19-03-1
2.2 AGENDA PACKET
A compilation of documents supporting the items listed on the Agenda and requiring Council
action, which may be used by Council, staff and the public for more in-depth information than
may be presented in an oral report. The Agenda Packet is organized as set forth in the Order of
Business in Section 5 below and is provided or made available to the Council or any citizen who
files a public records request.
2.3 CONSENT AGENDA
Items listed on the Agenda and marked with an asterisk (*) that are considered to be routine,
non -controversial matters and will be enacted by one motion and one roll call vote of the
Council. All motions and subsequent approvals of Consent Agenda items will include all
recommended staff stipulations unless otherwise stated. There will be no separate discussion of
these items unless a Council Member or member of the public so requests. If a Council Member
or member of the public wishes to discuss an item on the consent agenda, 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.
2.4 COUNCIL
The Mayor and Common Council of the Town of Fountain Hills.
2.5 COUNCIL RULES
These Town of Fountain Hills, Arizona, Town Council Rules of Procedure.
2.6 MEETING
The gathering, in person or by technological devices, of a quorum of the Council, at which the
Council Members discuss, propose or take legal action, including any deliberations by a quorum
with respect to such action. If a quorum is not present, those in attendance will be named for the
record and, in the absence of the Presiding Officer, the Town Clerk will adjourn the Meeting.
2.7 NEWSPAPER
A daily or weekly paid publication of general circulation within the Town of Fountain Hills,
Arizona.
2.8 NOTICE
A formal announcement to the public that sets the date, time and the place at which a Meeting
will be held. Such notice of Meetings shall be in accordance with the State law, the Town Code
and these Council Rules.
9196.001\FHRu1es.of. Proc. v4.doc
6-19-03-I
P)
2.9 QUORUM
The minimum number of Members of the Council that must be present in order for business to
be legally transacted. With a seven -member body, a quorum is typically four Members, unless
otherwise specifically authorized by State law.
2.10 TOWN
The Town of Fountain Hills, an Arizona municipal corporation.
SECTION 3. MEETINGS
3.1 REGULAR MEETINGS
A. Regular Meeting Date; Time. The Council shall hold regular Meetings on the
first and third Thursday of each month at six thirty p.m. When deemed
appropriate, any regular Meeting date of the Council may be changed by the
Mayor or by a majority of the Council, except that at least one regular Meeting a
month must be held and that such notice of the rescheduled 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 Town Manager. The Council may provide for a
"Call to the Public" at such regular Meetings.
B. Holidays. When the day for a regular Meeting of the Council falls on a legal
holiday, no Meeting shall be held on such holiday, but such Meeting shall be held
at the same time and the same location on the day designated by the Council that
is not a holiday.
C. Rescheduled Meetings. In order to accommodate vacation scheduling of Council
Members, the Council may, by majority vote, adjust the schedule of the regular
Meetings to a mutually convenient date and time.
3.2 ADJOURNED MEETINGS
Any Meeting may be adjourned to a time, place and date certain, but not beyond the next regular
Council Meeting. Once adjourned, the Meeting may not be reconvened except at the time, date
and place provided for in the motion to adjourn.
3.3 SPECIAL MEETINGS
The Mayor, or the Town Clerk, upon the written request of three Council Members, may
convene the Council at any time after giving at least 24 hours notice of such Meeting to members
of the Council and the general public. The notice shall include the date, place, hour and purpose
of such special Meeting. In the case of an actual emergency, a Meeting may be held upon such
notice as is appropriate to the circumstances.
9196.001 \FHRules.of. Proc. v4. doc
6-19-03-1
3.4 WORK SESSIONS
A. When Convened. Work sessions may be convened at such time, date and location
as determined by the Mayor or the Council.
B. Purpose. Work sessions are held for the purpose of presentations and discussions
on such issues that require more in-depth consideration of the Council than may
be possible at a regular Meeting. No formal action of the Council may be taken at
such Meetings, other than general consensus or conveying direction to staff for
further action. These Meetings shall not provide for a "Call to the Public."
3.5 EXECUTIVE SESSIONS
Subject to applicable State law, the Council may hold such closed executive sessions as
necessary to conduct the business of the Town.
3.6 EMERGENCY MEETINGS
As provided for by State law, the Mayor and Council or the Town Manager may call a special
emergency Meeting to discuss or take action on an unforeseen issue where time is of the essence
and sufficient time does not provide for the posting of a Meeting notice 24 hours or more before
the Meeting. Notice of an emergency Meeting of the Council will be posted within 24 hours
following the holding of an emergency Meeting. The notice will include the emergency
Meeting's Agenda and a brief but complete description of the nature of the emergency.
Emergency Meetings shall not provide for a "Call to the Public."
3.7 MEETINGS TO BE PUBLIC
A. Open to Public. With exception of Council executive sessions, all regular, special
and work session Meetings of the Council shall be open to the public.
B. Public Comment. Public comment (Call to the public) is not taken at work
sessions, emergency Meetings or at special Meetings, unless the special Meeting
is held in place of a regular Meeting, or unless the special Meeting includes a
public hearing on the Agenda.
3.8 MINUTES OF COUNCIL MEETINGS
A. Staffing. The Town Clerk shall ensure staff attendance at all regular, special,
work session, emergency and executive session Meetings of the Council for the
purpose of taking notes and/or audio recordation of the Meeting.
B. Recordings; written minutes. To the extent possible, all open, public Meetings
shall be recorded by means of audio or video technology. In addition, written
minutes reflecting legislative intent shall be taken so that an accounting of the
9196.001\FHRU1es.of Pmc.v4.doc
6-19-03-1
4
issues discussed and actions taken is compiled and entered into the permanent
t` 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 Council are deemed to be public
records, with the exception of executive session minutes, which, while they fall
under the definition of and are considered public records by State law, are deemed
confidential and are only available under limited conditions or by Court Order.
Transcribed minutes, or the audio or video recordings of all open Meetings of the
Council must be on file in the office of the Town Clerk and available for public
review by 5:00 p.m. on the third working day following each Meeting, or as
provided by State law. Minutes of all regular Meetings of the Council are made
available (i) through subscription for a fee and (ii) through the Town's Web Site.
D. Executive Sessions. Minutes of executive sessions (i) shall be confidential, (ii)
are maintained and secured by the Town Clerk and (iii) may be accessed only as
provided by State law.
E. Approval. Minutes of all regular Meetings of the Council may be approved under
the consent agenda, unless removed for discussion and separate action.
SECTION 4. NOTICE AND AGENDA
4.1 POSTING NOTICES
A. Time. The Town Clerk, or authorized designee, shall prepare all public Meeting
notices of the Town Council, and shall ensure posting of the Meeting notices no
less than 24 hours before the date and time set for said Meetings in accordance
with State law.
B. Locations. Meeting notices shall be posted at a minimum of three locations
within the Town, including the Community Center, Town Hall and the Post
Office.
4.2 AGENDA PREPARATION
A. Availability. The Town Manager, or authorized designee, shall prepare the
Agendas for all Meetings of the Council as set forth below. Agendas of all
Meetings of the Council shall generally be available to the public no less than 24
hours prior to said Meetings. Upon request, Agendas will be provided at no
charge to political subdivisions or educational institutions, and are made available
through the Town's web site.
9196.001 THRules.oEProc. v4. doc
6-19-03-1
5
is
Submittal Process. Items may be placed on the Agenda for discussion and
possible action by the following process:
1. All Departments: Preparation of Agenda item cover/routing sheet with
signatures of the department director, the accounting supervisor (if
applicable), the Town Attorney (if applicable), and staff report (including
all attachments) for submittal to the Town Manager two business days
prior to Agenda Packet preparation day (the Friday prior to Meeting date).
Town Manager approves/amends items and signs off, finalizing the item
for inclusion in the Agenda Packet.
2. Mayor and Town Council Members: Any Council Member may request
that the Council place an item on a future Agenda during the "Council
Direction to Town Manager" portion of a Meeting. If, without discussion
or debate, there is no objection from other Council Members, such item
shall be placed on a future Agenda for action. If a Council Member
wishes to discuss whether such item is appropriate for Council
consideration, he or she shall so state and the item shall be included on a
future Agenda under "Council Direction to Town Manager" for discussion
relating only to the propriety of placing such item on a future Agenda for
action.
3. Town Manager: The Town Manager may place an item on the Agenda by
including appropriate documentation.
4. Citizen or Group: A citizen or group may apply to have an item placed on
the Agenda as follows:
9196.001 \FHRules.of.Proc. v4.doc
6-19-03-1
a. Obtain a "Scheduled Public Appearance/Presentation" form from
the Town Clerk and, when completed, return it to the Town Clerk
for submission to the Town Manager.
b. The Town Manager or authorized designee shall research the issue
to determine if it may be handled administratively or will require
Council discussion. If it is determined that the matter should be
placed before the Council, the Town Manager shall ensure that
documentation, if any, is compiled and the material included in the
Agenda Packet. If the Town Manager determines that the subject
should not be placed on the Agenda, an individual wishing to have
an item on the Agenda as a "Scheduled Public Appearance" may
(i) ask that the request be forwarded to the Mayor for consideration
or (ii) obtain the written request of three members of the Council to
place the item on the Agenda, and submit that request to the Town
Manager.
2
C. Time Lines for Submission of Items.
1. Agenda items shall be submitted to the Town Manager by 5:00 P.M., eight
calendar days prior to regular Meetings to ensure timely delivery to
Council Members.
2. The Town Manager may approve exceptions to the schedule above in
order to ensure that the distribution of all Agenda Packets to the Council is
in conformance with these Council Rules.
3. Any presentation items requiring audio/visual support must be submitted
to the information and technology department a minimum of 48 hours
prior to the Meeting to ensure proper coordination and preparation.
Department directors are responsible for obtaining presentation materials
from applicants or presenters involved in their respective Agenda items.
D. Agenda Item Submittals for Town Council Executive Sessions. Items may be
placed on the Agenda for Council executive session discussion (if in compliance
with the Town Code and applicable State Statutes) by the following process:
1. Submission by a Council Member, the Town Manager or the Town
Attorney (with notice to all Council Members).
2. Submission by the Mayor (with notice to all Council Members).
3. The Town Manager and the Town Attorney shall review the submittal for
executive session discussion, prior to placement on the Agenda, to ensure
that the item is the proper subject of an executive session pursuant to State
law.
4. The Town Attorney shall advise the Town Clerk regarding the appropriate
Agenda language of executive session items.
E. Agenda Packets. Full Agenda Packets for ALL noticed Meetings (except
executive session documentation) of the Council shall be made available to
Council Members at Town Hall, generally six days before such Meetings;
provided, however, that Agenda Packets may be delivered or supplemented later
under special circumstances so long as no Agenda Packet material is delivered
less than 48 hours prior to the Meeting, except in the case of an emergency
Meeting.
4.3 DISTRIBUTION OF NOTICES AND AGENDAS
A. Comes. The Town Clerk shall ensure that the Mayor and Council receive copies
of all Meeting notices and Agendas, and any documentation provided for said
Meeting, no less than 24 hours prior to the Meeting.
9196.001THRules.of.Pmc. v4Am
6-19-03-1
B. Distribution. The Town Clerk shall ensure that the Meeting notices, Agendas and
documentation, as deemed necessary, are distributed to the Town Manager, Town
Attorney and department directors. Courtesy copies will be available to the press,
public subdivisions, educational institutions and others as directed by the Mayor
through the Town Manager no less than 24 hours prior to said Meeting.
C. Amendments. The Town Manager, or authorized designee, may amend a
published Agenda, but no less than 24 hours prior to the designated Meeting.
Amended Agendas will indicate the date amended.
SECTION 5. ORDER OF BUSINESS
5.1 ORDER OF BUSINESS
The Order of Business of each Meeting shall be as contained in the Agenda. The Agenda shall
be a sequentially numbered listing by topic and a brief description of business items that shall be
taken up for consideration.
5.2 REGULAR MEETINGS
The Agenda shall be prepared in the following order:
AGENDA
Call To Order & Pledge Of Allegiance
Invocation/Moment of Reflection
Roll Call
Mayor's Report (including proclamations)
Scheduled Public Appearances/Presentations (if any)
Consent Agenda (preceded by the following explanatory paragraph)
* All items listed with an asterisk (*) are considered to be routine, non -controversial
matters and will be enacted by one motion and one roll call vote of the Council. All
motions and subsequent approvals of consent items will include all recommended staff
stipulations unless otherwise stated. There will be no separate discussion of these items
unless a Council Member or member of the public so requests. If a Council Member or
member of the public wishes to discuss an item on the consent agenda, they may request
so prior to the motion to accept the Consent Agenda. The item will be removed from the
Consent Agenda and considered in its normal sequence on the Agenda.
Action Items (grouped by subject to the extent possible)
Council Assessment and Review
Council Discussion/Direction to Town Manager (Items to be placed on future
agendas)
Summary of Council Requests by Town Manager
Call to the Public (Non -agenda items)
Adjournment
9196.001WHRules.of.Proc. v4.doc
6-19-03-1
All Agendas shall have the following statement placed at the bottom:
The Town of Fountain Hills endeavors to make all public Meetings accessible to persons
with disabilities. Please call 837-2003 (voice) or 1-800-367-8939 (TDD) 48 hours prior
to the Meeting to request a reasonable accommodation to participate in this Meeting or
to obtain Agenda information in large print format.
DATE POSTED: TIME POSTED:
A. Roll Call. Following the Call to Order and the Pledge of Allegiance, the Moment
of Reflection and before proceeding with the business of the Council, the
Presiding Officer shall direct the Town Clerk or authorized designee to call the
Roll, and the names of Council Members both present and absent shall be entered
into the minutes. The order of roll call shall be: Mayor, Vice Mayor and then
Council Members from the Mayor's far right to the Mayor's far left.
B. Mayor's Report. The Mayor may use "Mayor's Report" to announce appointment
to committees, read proclamations, or conduct other ceremonial matters as listed
on the posted Agenda.
C. Scheduled Public Appearances/Presentations. The process set forth below applies
members of the public or groups wishing to place an item on the Agenda under
"Scheduled Public Appearances/Presentations". If the request is approved by the
Town Manager, the item will appear on the agenda.
D. Consent Agenda.
1. The Consent Agenda includes items that are of such a nature that
discussion is not required, or issues that have been previously studied by
the Council. These items may be adopted by one motion and a roll call
vote.
2. There is no detailed discussion on items listed under the Consent Agenda,
unless a member of the Council or any member of the public in attendance
at the Meeting requests that an item or items be removed for discussion.
Council Members or the public may not ask a question without removal of
the item from the Consent Agenda.
3. Items removed from the Consent Agenda are considered in their normal
sequence as listed on the Agenda, unless called out of sequence as
provided under Section 1.4 above.
9196.001 \FHRU1es.oEPwc. v4.doc
6-19-03-1
9
E. Action Items.
1. At the time each business item is presented to the Council, the Town staff
shall present a report on the subject and the applicant, if any, may also
speak. The Mayor will then call the speaker cards of those citizens
desiring input and comments. All citizens and interested parties wishing
to speak before the Council shall fully complete speaker's request forms
and submit the forms to the Town Clerk, or designee, prior to
consideration of that Agenda item. Sufficient speaker request forms shall
be located in the Council Chamber's Lobby (the public entry area into the
Chamber) and at the Town Clerk's position on the dais. The completed
forms will be retained with the Agenda Packet material by the Town
Clerk.
2. Those speaking before Council will be allowed three minutes to address
Council, but time limits may be waived by (i) the Town Manager upon
request by the speaker not less than 24 hours prior to a Meeting, (ii)
consensus of the Council at a Meeting or (iii) the Mayor either prior to or
during a Meeting.
3. The purpose of all public comments is to provide information and the
speaker's views for Council consideration. It is not appropriate for the
speakers to question directly, or debate the matter under consideration
with staff, other speakers, the audience, or Members of the Council; all
remarks will be addressed to the Presiding Officer and not to individual
Council Members. All comments shall be addressed through the Presiding
Officer who shall decide if any response is warranted and who, if anyone,
shall address the concern. Council Members may request, upon
recognition by the Presiding Officer, clarification of comments or
materials presented by the speakers, any applicant's representatives or
Town staff; provided, however, that no Council Member shall engage in
debate directly with such speakers, representatives or Town staff.
4. Proper decorum must be observed by Members of the Council, by
speakers in providing testimony and remarks and by the audience. In
order to conduct an orderly business Meeting, the Presiding Officer shall
keep control of the Meeting and shall require the speakers and audience to
refrain from abusive or profane remarks, disruptive outbursts, applause,
protests or other conduct that disrupts or interferes with the orderly
conduct of the business of the Meeting. Personal attacks on Council
Members, Town staff or members of the public are not allowed. It is
inappropriate to utilize a public hearing or other Agenda item for the
purpose of making political speeches, including threats of political action.
Engaging in such conduct, and failing to cease such conduct upon request
of the Presiding Officer, will be grounds for ending a speaker's time at the
9196.001\FHRu1es.of.Proc. v4. doc
6-19-03-1
10
podium or, at the direction of the Presiding Officer, for removal of any
disruptive person from the Meeting.
5. Generally, Agenda items requiring public hearings, other than those of a
quasi-judicial nature, shall be conducted in the following order:
a. The Presiding Officer will announce the matter that is set forth for
a public hearing and, if appropriate, ask the staff to provide a
report of the matter.
b. The Presiding Officer will then ask the applicant to speak
regarding the matter.
C. At the conclusion of the staff report and/or presentation by the
applicant, the Presiding Officer will open the public hearing for
comments from the public.
d. After all public comments are heard, the Presiding Officer will
close the public hearing, and may ask staff or the applicant to
respond to the comments.
e. The Presiding Officer may then call for a motion and second, if
applicable, and ask if Council wishes to discuss the issue. Council
may then proceed to discuss the matter.
f. Upon the conclusion of Council comment, the Presiding Officer
will call for action on the motion.
g. Exhibits, letters, petitions, and other documentary items presented
or shown to the Council on a public hearing item become part of
the record of the public hearing and shall be maintained by the
Town Clerk.
h. Ten collated sets of written or graphic materials should be
provided by the speaker prior to the commencement of the hearing
to allow for distribution to the Council, key Town staff and the
Town Clerk for inclusion in the public record. Reduced copies (8
'/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
9196.001 \FHRu le s. o f. Pwc. v4. doc
6-19-03-1
11
in no event to less than three minutes per topic. Upon approval of (i) the
Presiding Officer or (ii) a majority of the Council, persons may be allowed
to speak longer than three minutes. Council may ask the individual
speaker questions through the Presiding Officer.
7. Quasi-judicial hearings shall be conducted in accordance with the
principles of due process, and the Town Attorney shall advise the Council
in this regard.
F. Council Assessment and Review. At the conclusion of the Action Items on the
Agenda, Council Members may offer comments as to procedural strengths and
weaknesses of the process of that Meeting. Council Members may offer
suggestions to streamline the Meeting process in the future.
G. Council Direction to Town Manager. At the conclusion of the Council
Assessment and Review, the Council may give direction to the Town Manager to
follow-up on matters presented at that Meeting or to bring an item before the
Council on a future Agenda.
H. Summary of Council Requests by Town Manager. At the conclusion of the
Council Direction to Town Manager, the Town Manager shall review with the
Council all matters raised at that Meeting requiring follow-up from the Town
Manager or Town staff.
I. Call to the Public.
I. All citizens and interested parties will be limited to a maximum of three
minutes to address the Council on a non -Agenda item. In order to comply
with State law, the Council may not discuss any issue raised at call to the
public and not listed on the Agenda, except to thank the speaker or direct
the Town Manager to follow up on the matter and/or schedule it for a
future public Meeting.
2. All citizens and interested parties wishing to speak before the Council shall
fully complete a speaker's request form.
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.
J. Adjournment. The open, public Meetings of the Council may be adjourned by
consensus of the Council.
9196.0011FI Rules.oEProc.v4.doc
6-19-03-1
12
5.3 SPECIAL MEETINGS
A. As Substitute for Regular Meeting. If a special Meeting is being held in place of
a regular Meeting, the Agenda shall be as set forth for a regular Meeting.
B. Generally. For all other special Meetings, the Agenda shall be prepared in the
following order:
AGENDA
Call To Order
Roll Call
Consent Agenda (if needed — explanatory paragraph same as regular Meeting)
Action Items (grouped by subject to the extent possible)
Adjournment
5.4 WORK SESSION MEETINGS
The primary purpose of work session Meetings is to provide the Council with the opportunity for
in depth discussion and study of specific subjects. Public comment is not provided for on the
Agenda and may be made only as approved by consensus of the Council. In appropriate
circumstances, a brief presentation may be permitted by a member of the public or another
interested party on an Agenda item if invited by the Mayor and Council to do so. The Presiding
Officer may limit or end the time for such presentations.
The work session Agenda shall be prepared in the following order:
Call To Order
Roll Call
Work Session Statement (explanatory statement)
All Items Listed Are For Discussion Only. No Action Can Or Will Be Taken.
The primary purpose of work session Meetings is to provide the Town Council with the
opportunity for in depth discussion and study of specific subjects. Public comment is not
provided for on the Agenda and may be made only as approved by consensus of the
Mayor and Council. In appropriate circumstances, a brief presentation may be permitted
by a member of the public or another interested party on an Agenda item if invited by the
Mayor and Council to do so. The Presiding Officer may limit or end the time for such
presentations.
Agenda Items For Discussion (Items Numbered For Order)
Adjournment
SECTION 6. PROCEDURES FOR CONDUCTING THE MEETING
6.1 CALL TO ORDER
A Meeting of the Council shall be called to order by the Presiding Officer, (the Mayor or in
his/her absence, by the Vice -Mayor). In the absence of both the Mayor and Vice -Mayor, the
9196.001\FHRu1es.of Proc.v4.doc
6-19-03-1
13
Meeting shall be called to order by the Town Clerk; whereupon, the Town Clerk shall
immediately call for the selection of a temporary Presiding Officer.
6.2 PARTICIPATION OF PRESIDING OFFICER
The Presiding Officer may debate from the Chair, subject only to such limitations of debate as
are imposed on all Council Members, and he/she shall not be deprived of any of the rights and
privileges of a Council Member by reason of his/her acting as Presiding Officer. However, the
Presiding Officer is primarily responsible for the conduct of the Meeting.
6.3 QUESTION TO BE STATED
The Presiding Officer shall verbally restate each question immediately prior to calling for
discussion and/or the vote. Following the vote, the Presiding Officer shall ask the Town Clerk or
designee to verbally announce the results of voting, including the yeas, nays and abstentions.
The Presiding Officer shall publicly state the effect of the vote for the benefit of the audience
before proceeding to the next item of business. Formal votes shall not be taken at work sessions
or executive sessions.
6.4 RULES/DECORUMIORDER
A. Points of Order. The Presiding Officer shall determine all points of order after
consultation with the Parliamentarian, subject to the right of any member to
appeal such determination to the whole Council. If any appeal is taken, the
question (motion) shall be: "Shall the decision of the Presiding Officer be
sustained?" In which event, following a second, a majority vote shall govern, and
conclusively determine such question of order.
B. Order and Decorum.
1. Council Members: Any Council Member desiring to speak shall address
the Presiding Officer and, upon recognition by the Presiding Officer, may
speak.
2. Employees: Members of the administrative staff and employees of the
Town shall observe the same rules of procedure and decorum applied to
members of the Council. The Town Manager shall ensure that all Town
employees observe such decorum and will direct the participation of any
staff member in the discussion of the Council. The Town Manager shall
first be recognized by the Presiding Officer prior to addressing the
Council. Any staff member desiring to speak shall first be recognized by
the Town Manager.
3. Public: Members of the public attending the Meetings shall observe the
same rules of order and decorum applicable to the Council. Unauthorized
remarks or demonstrations from the audience, such as applause, stamping
9196.001 VFHRules.of Proc.v4.doc
6-19-03-1
14
of feet, whistles, boos or yells shall not be permitted by the Presiding
Officer, who may direct a Public Safety Officer to remove such offender/s
from the room.
C. Enforcement of Decorum. Proper decorum is to be maintained during all
Meetings by the Council, staff and guests. It is the responsibility of the Presiding
Officer of the Meeting to ensure compliance with this Policy. The Presiding
Officer shall request that a speaker refrain from improper conduct; if the speaker
refuses, the Presiding Officer may end the speaker's time at the podium. If the
speaker refuses to yield the podium after being asked to do so by the Presiding
Officer, the Presiding Officer may direct a Public Safety Officer present at the
Meeting to remove from the Meeting the person whose conduct is disorderly or
disruptive.
6.5 TELECONFERENCE PROCEDURE
Meetings may be conducted by teleconference as follows:
A. Prior Notice. When a member of the Council is unable to attend a Meeting and
desires to participate in the Meeting by telephone, the member shall be permitted
to do so provided the member gives the Town Clerk, or designee, notice of his or
her inability to be present at the Meeting at least 48 hours prior to the Meeting.
B. Notation on Agenda. The notice of the Meeting and the Agenda shall include the
following: "Council Members of the Town of Fountain Hills will attend either in
person or by telephone conference call."
C. Public Access. Facilities will be used at the Meeting to permit the public to
observe and hear all telephone communications.
D. Notation in Minutes. The Minutes of the Meeting shall clearly set forth which
members are present in person and which are present by telephone. The Minutes
shall also describe the procedures followed to provide the public access to all
communications during the Meeting.
6.6 ADDRESSING THE COUNCIL
A. Manner of Addressing the Council.
1. Any member of the public desiring to address the Council shall proceed to
the podium after having been recognized by the Presiding Officer. There
shall be no loud vocalization (shouting or calling out) from the seating
area of the Council Chamber. At the podium, he/she shall clearly state
his/her name and address for the record.
9196.001 THRules. o f. Pro c. v4. doc
6-19-03-1
15
2. Special assistance for sight and/or hearing -impaired persons can be
provided. Anyone requiring such assistance should contact the Town
Clerk 48 hours before a Meeting to request an accommodation to
participate in the Meeting.
B. Limitation Regarding Public Comment and Reports. The making of oral
communications to the Council by any member of the public during the "Call to
the Public: (Non -Agenda Items)" or under an action item, shall be subject to the
following limitations:
1. All citizens wishing to address the Council shall complete and submit a
speaker's request form as set forth in Section 5.2.I.
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.
4. Oral communications during the Meeting may not be used to lodge
charges or complaints against any employee of the Town, regardless of
whether such employee is identified in the presentation by name or by any
other reference that tends to identify him. Any such charges or complaints
against employees shall be submitted during normal business hours to the
Town Manager for appropriate action.
C. Motions.
1. Processing of Motions: When a motion is made and seconded, it shall be
stated by the Presiding Officer before debate.
2. Precedence of Motions: When a motion is before the Council, no motion
shall be entertained except the following, which shall have precedence in
the following order:
a.
Fix the time to adjourn
b.
Adjourn
C.
Recess
d.
Raise a question of Privilege
e.
Table
f.
Limit or extend limits of debate
g.
Postpone to a certain time and date
h.
Amend
i.
Postpone Indefinitely
9196.001\FHRu1es.of Proc.v4.doc
6-19-03-1
16
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 be undebatable and shall preclude all
amendments or debate of the subject under consideration. If the motion
shall prevail, the matter may be "taken from the table" at any time prior to
the end of the next regular Meeting.
5. Motion to Limit or Terminate Discussion: Such a motion shall be used to
limit or close debate on, or further amendment to, the main motion. This
is referred to as "Call for the Question" and is the motion used to cut off
debate and to bring the group to an immediate vote on the pending motion;
it requires a two-thirds vote. The vote shall be taken by voice. If the
motion fails, debate shall be reopened; if the motion passes, a vote shall be
taken on the main motion.
6. Motion to Amend:
a. A motion to amend shall be debatable only as the amendment. A
motion to amend an amendment shall be in order, but a motion to
amend an amendment to the amendment shall not be in order.
b. An amendment modifying the intention of a motion shall be in
order, but an amendment relating to a different matter shall not be
in order.
C. Amendments shall be voted on first, then the main motion as
amended.
7. Motion to Continue: Motions to continue to a definite time shall be
amendable and debatable as to propriety of postponement and time set
only.
D. Addressing the Council after Motion is Made. After the motion has been made,
or after a public hearing has been closed, no member of the public shall address
the Council without first securing permission from the Presiding Officer.
9196.001\FHRu1es.of.Proc. v4.doc
6-19-03-1
111A
E. Voting Procedure.
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.
b. The vote on each motion shall be entered into the record by names
of the Council Members voting for or against. The Record also
shall include the names of any member not casting a vote by
reason of being absent from the room at the time of the vote.
C. If a Council Member has declared a Conflict of Interest and is
absent during the roll call vote, the Town Clerk shall include
"Absent for the Vote due to declared Conflict of Interest" in the
Official Minutes as part of the results of the vote.
d. If the roll call method of voting is used, the Town Clerk or
designee shall call the names of all members in random order with
each new vote. Members shall respond "Aye" or "Nay."
2. Failure to Vote:
a. All members of the Council in attendance of a duly called Meeting
that requires formal Council action are required to vote. A
member may abstain from voting only if he or she has a conflict of
interest under State law, in which case such member shall take no
part in the deliberations on the matter in question.
b. Should a Council Member fail to vote, his/her vote shall be
counted with the majority of votes cast; however, in the event of a
tie vote, his/her vote shall be counted as "Aye."
3. Reconsideration: Any member of the Council who voted with the
majority may move a reconsideration of any action at the same or next
regular Meeting. After a motion for reconsideration has once been acted
upon, no other motion for reconsideration thereof shall be made without
the unanimous consent of the Council.
9196.001 THRule s. of Pmc. v4. doc
6-19-03-1
18
7
SECTION 7. CONFLICT OF INTEREST
7.1 INTRODUCTION
Occasionally, a Council Member may find himself/herself in a situation which requires that
Council Member remove himself/herself from participation in discussion and voting on a matter
before the Council. This situation exists when the Council Member has a "conflict of interest" as
defined by the Arizona Conflict of Interest Law. This law establishes minimum standards for the
conduct of public officers and employees who, in their official capacity, are, or may become
involved with, a decision which might unduly affect their personal interests or those of their
close relatives.
7.2 PURPOSE OF CONFLICT OF INTEREST LAWS
The purpose of Arizona's Conflict of Interest Law is to prevent self -dealing by public officials
and to remove or limit any improper influence, direct or indirect, which might bear on an
official's decision, as well as to discourage deliberate dishonesty.
7.3 APPLICABILITY OF THE ARIZONA CONFLICT OF INTEREST LAW
The Arizona Conflict of Interest Law, as now set forth or as amended in the future, applies to all
actions taken by Council Members.
7.4 DISCLOSURE OF INTEREST
Any Council Member who may have a conflict of interest should seek the opinion of the Town
Attorney as to whether a conflict exists under the State law. Any Council Member who has a
conflict of interest in any decision must disclose that interest. The Council Member may either
file a signed, written disclosure statement fully disclosing the interest, or declare the existence of
the conflict and the reasons therefore at a Meeting and then ensure that a copy of the Minutes is
filed in the Clerk's Office in the file containing conflict of interest disclosures. The Disclosure
of the conflict shall include a statement that the Council Member withdraws from further
participation regarding the matter. The Town Clerk shall maintain for public inspection all
documents necessary to memorialize all disclosures of a conflict of interest by a Council
Member.
7.5 WITHDRAWAL FROM PARTICIPATION
Having disclosed the conflict of interest and withdrawn in the matter, the Council Member must
not communicate about the matter with anyone involved in the decision making process in any
manner. Further, the Council Member should not otherwise attempt to influence the decision
and should remove himself/herself from the Council Chamber, or other location where a meeting
is being held, while the matter is considered. Failure to disclose any conflict of interest is
addressed in Section 7.8 below.
9196.001THRules.of. Proc. v4.doc
6-19-03-1
R
7.6 RULE OF IMPOSSIBILITY
In the unlikely situation the majority of Council Members have a conflict of interest and the
Council is unable to act in its official capacity, Members may participate in the Council's
decision after making known their conflicts of interest in the official records.
7.7 IMPROPER USE OF OFFICE FOR PERSONAL GAIN
Public officers and employees are prohibited from using or attempting to use their official
positions to secure valuable things or benefits for themselves, unless such benefits are part of the
compensation they would normally be entitled to for performing their duties.
7.8 SANCTIONS FOR VIOLATIONS
Violations of the conflict of interest provisions set forth herein shall be punished as provided for
in State law.
7.9 NON -STATUTORY CONFLICTS OF INTEREST
Occasionally, a Council Member may feel that he/she should ethically refrain from participation
in a decision even though the circumstances may not amount to a conflict of interest under the
State law described above. It is the policy of the Council to encourage Council Members to
adhere to strongly held ethical values which are exercised in good faith. However, subsection
6.6.E.2 above encourages participation in the decision making process unless the matter involves
a statutory conflict of interest set forth by State law. Therefore, failure to vote on a matter for
any reason other than a conflict of interest under State law shall be considered a vote cast with
the majority or, if no majority exists, it shall be considered an "aye" vote.
SECTION 8. CODE OF ETHICS
Section 8 is reserved for a Future Code of Ethics which is anticipated to be adopted by the Town
after due deliberation.
9196.001 THRule s. o f. Prcc. v4. doc
6-19-03-1
20