HomeMy WebLinkAboutRes 2013-261962907.7
TOWN OF FOUNTAIN HILLS, ARIZONA
TOWN COUNCIL
RULES OF PROCEDURE
AMENDED AND RESTATED
NOVEMBER 7, 2013
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TABLE OF CONTENTS
SECTION 1. RULES OF PROCEDURE/AUTHORITY..........................................................1
1.1 PROCEDURES.....................................................................................................1
1.2 PRESIDING OFFICER ........................................................................................1
1.3 PARLIAMENTARIAN ........................................................................................1
1.4 SUSPENSION OF THE RULES ..........................................................................1
SECTION 2. DEFINITIONS .......................................................................................................2
2.1 AGENDA ..............................................................................................................2
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 .......................................................................................................3
2.8 NOTICE ................................................................................................................3
2.9 QUORUM .............................................................................................................3
2.10 TOWN...................................................................................................................3
SECTION 3. MEETINGS ............................................................................................................3
3.1 REGULAR MEETINGS ......................................................................................3
3.2 ADJOURNED MEETINGS .................................................................................4
3.3 SPECIAL MEETINGS .........................................................................................4
3.4 WORK SESSIONS ...............................................................................................4
3.5 EXECUTIVE SESSIONS .....................................................................................4
3.6 EMERGENCY MEETINGS ................................................................................4
3.7 MEETINGS TO BE PUBLIC ...............................................................................5
3.8 MINUTES OF MEETINGS .................................................................................5
SECTION 4. NOTICE AND AGENDA ......................................................................................6
4.1 POSTING NOTICES ............................................................................................6
4.2 AGENDA PREPARATION .................................................................................6
4.3 DISTRIBUTION OF NOTICES AND AGENDAS .............................................8
SECTION 5. ORDER OF BUSINESS ........................................................................................9
5.1 ORDER OF BUSINESS .......................................................................................9
5.2 REGULAR MEETINGS ......................................................................................9
5.3 SPECIAL MEETINGS .......................................................................................14
5.4 WORK SESSION MEETINGS ..........................................................................14
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SECTION 6. PROCEDURES FOR CONDUCTING THE MEETING ................................15
6.1 CALL TO ORDER .............................................................................................15
6.2 PARTICIPATION OF PRESIDING OFFICER .................................................15
6.3 QUESTION TO BE STATED ............................................................................15
6.4 RULES/DECORUM/ORDER ............................................................................16
6.5 TELECONFERENCE PROCEDURE ................................................................17
6.6 ADDRESSING THE COUNCIL ........................................................................17
SECTION 7. CONFLICT OF INTEREST ...............................................................................20
7.1 INTRODUCTION ..............................................................................................20
7.2 PURPOSE OF CONFLICT OF INTEREST LAWS ..........................................21
7.3 APPLICABILITY OF THE ARIZONA CONFLICT OF1
INTEREST LAW................................................................................................21
7.4 DISCLOSURE OF INTEREST ..........................................................................21
7.5 WITHDRAWAL FROM PARTICIPATION .....................................................21
7.6 RULE OF IMPOSSIBILITY ..............................................................................21
7.7 IMPROPER USE OF OFFICE FOR PERSONAL GAIN ..................................21
7.8 SANCTIONS FOR VIOLATIONS ....................................................................22
7.9 NON-STATUTORY CONFLICTS OF INTEREST ..........................................22
SECTION 8. CODE OF ETHICS .............................................................................................22
8.1 OBEY LAWS .....................................................................................................22
8.2 DEMOCRATIC LOCAL GOVERNMENT/LEADERSHIP .............................22
8.3 SERVICES ..........................................................................................................22
8.4 RELATIONSHIPS ..............................................................................................22
8.5 FUNCTION OF LOCAL GOVERNMENT .......................................................23
8.6 SERVICE TO THE COMMUNITY ...................................................................23
8.7 PERSONAL BENEFIT/PROFIT .......................................................................23
8.8 FAIR CONDUCT ...............................................................................................24
8.9 PROMOTE UNDERSTANDING/RESPECT/TRUST ......................................24
SECTION 9. BOARDS, COMMISSIONS AND COMMITTEES .........................................24
9.1 REGULARLY SCHEDULED OR UNSCHEDULED ......................................24
9.2 SELECTION .......................................................................................................25
9.3 RECOMMENDATION ......................................................................................28
9.4 QUALIFICATIONS FOR APPOINTMENTS; EMPLOYEES OR
APPOINTED OFFICERS AS MEMBERS ........................................................28
9.5 TERMS, VACANCIES, REMOVAL.................................................................29
9.6 APPLICABILITY OF THE ARIZONA OPEN MEETING LAW ....................30
9.7 RESIDENCY REQUIREMENTS ......................................................................30
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SECTION 1. RULES OF PROCEDURE/AUTHORITY
1.1 PROCEDURES
The following are the basis for and are used in conjunction with these basic Rules of Procedure
for meetings of the Council, Boards, Commissions and Committees:
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, 10th edition, as amended
In case of inconsistency, conflict, or ambiguity among the documents listed above, such
documents shall govern in the order in which they are listed.
1.2 PRESIDING OFFICER
As provided by the Town Code, the 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. If a
majority of the Councilmembers present are unable to agree on a Presiding Officer for the
meeting, the meeting shall automatically be adjourned and all agenda items shall be carried over
to the next regular Council Meeting.
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.
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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
(i) the Council at a noticed meeting of the Council or (ii) the applicable Board, Commission or
Committee at a noticed meeting of that body. The content of the Agenda may not be changed
less than 72 hours prior to the public meeting, except in exceptional circumstances, but in no
event shall the Agenda be altered less than 24 hours prior to the public meeting, unless otherwise
authorized by State law.
2.2 AGENDA PACKET
A compilation of documents supporting the items listed on the Agenda and requiring Council
consideration or 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 made available electronically to the Council
or to any citizen on the Town’s website: www.fh.az.gov by 6:00 p.m. the Thursday prior to the
date of the meeting.
2.3 CONSENT AGENDA
Items listed on the Consent Agenda 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 Councilmember or
member of the public so requests. If a Councilmember or member of the public wishes to
discuss an item on the consent agenda, he/she may request so prior to the motion to accept the
Consent Agenda or by notifying the Town Manager prior to the date of the meeting. The item
will be removed from the Consent Agenda and considered in its normal sequence on the Agenda.
2.4 COUNCIL
Collectively, 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, Boards,
Commissions or Committees, at which the Councilmembers, Board members, Commissioners, or
Committee 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
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named for the record by the Town Clerk or the staff liaison for a Board, Commission or
Committee.
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.
2.9 QUORUM
The minimum number of Members of the Council, Board, Commission, or Committee that must
be present in order for business to be legally transacted. With a seven-member body, a quorum
is four Members, unless otherwise specifically authorized by State law.
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 6:30 p.m. When deemed appropriate,
any regular Meeting date of the Council may be changed or cancelled by a
majority of the Council. Notice of the rescheduled or cancelled meeting shall be
given to the public as is reasonable and practicable under the circumstances. All
regular Meetings shall be held at the Town Hall Council Chambers or at such
place as may be prescribed by the Mayor or 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, unless the meeting is otherwise cancelled by the Council.
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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, the Town Manager, or the Town Clerk (upon the written request of three
Councilmembers), 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.
3.4 WORK SESSIONS
A. How Convened; When Convened; Notice. The Mayor or the Town Manager (at
his own discretion or upon the written request of three Councilmembers) may
convene the Council in a Work Session at any time after giving notice at least 24
hours in advance 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.
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.”
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3.7 MEETINGS TO BE PUBLIC
A. Open to Public. With exception of executive sessions, all regular, special and
work session Meetings of the Council, Boards, Commissions, and Committees
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 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. The Town staff
liaison to each Board, Commission or Committee shall ensure staff attendance at
all Meetings for the purpose of taking notes and/or audio recordings of the
Meetings.
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. Minutes shall
identify speakers by name and shall indicate whether they are Fountain Hills
residents, and whether they support or oppose the proposed action (i.e. “for” or
“against”) along with a summary of the speakers’ verbal comments provided at
the meeting.
C. Availability. All Meeting minutes of the Council, Boards, Commissions, and
Committees 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, Boards, Commissions, and
Committees must be available for public review by 5:00 p.m. on the third working
day following each Meeting, or as provided by State law. The Town Clerk or
designee shall ensure that the Minutes of all regular, special and work-study
Meetings of the Council, Boards, Commissions, and Committees are made
available through the Town’s Web Site, www.fh.az.gov within two working days
following their approval, or as provided by State law.
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D. Executive Sessions. Minutes of executive sessions (1) shall be confidential,
(2) are maintained and secured by the Town Clerk and (3) may be accessed only
as provided by State law.
E. Approval. Minutes of all Meetings of the Council (other than Executive Sessions)
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 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. The staff liaison to each Board, Commission or Committee shall
ensure that agendas are posted in the same manner as for the Council.
B. Locations. Meeting notices shall be posted at a minimum of three locations
within the Town, including the Community Center, Town Hall and the Town’s
website [www.fh.az.gov].
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 72
hours prior to said Meetings, except in exceptional circumstances. In no event
shall the Agenda be made available less than 24 hours prior to said Meeting.
Agendas and Agenda packet materials are made available through the Town’s
web site. The staff liaison to each Board, Commission or Committee shall ensure
that the agenda is available in the same manner as required for the Council.
B. Submittal Process. Items may be placed on the Council Agenda for discussion
and possible action by the following process (the Agenda process for Boards,
Commissions or Committees shall be as determined by the applicable Department
Head which shall be substantially the same as the Council agenda submittal
process):
1. All Departments: Preparation of the Agenda Action form with signatures
of the department director and staff (including all attachments) provided to
the Town Clerk for submittal to the Town Manager not later than two
business days prior to Agenda Packet preparation day (the Thursday prior
to Meeting date). Town Manager approves/amends items and signs off,
finalizing the item for inclusion in the Agenda Packet.
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2. Mayor and Councilmembers: The Mayor or three Councilmembers may
direct the Town Manager through a written request to place an item on an
Agenda for action. Any Councilmember may direct the Town Manager to
place an item on a future Agenda during the “Council
Discussion/Direction to Town Manager” portion of a Meeting for
discussion relating only to the propriety of (i) placing such item on a
future Agenda for action or (ii) directing staff to conduct further research
and report back to the Council.
3. Town Manager and Town Attorney: The Town Manager or Town
Attorney 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
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.
c. The Town Manager may postpone the requested
appearance/presentation date, if additional staff time is needed to
research a proposed Agenda item.
C. Time Lines for Submission of Items.
1. Agenda items shall be submitted to the Town Manager by 2:00 p.m., not
less than nine calendar days prior to regular and special Meetings to
ensure timely delivery to Councilmembers.
2. Agenda items for Work-Study Meetings shall be submitted to the Town
Manager by 2:00 p.m., not less than seven calendar days prior to the
meeting to ensure timely delivery to Councilmembers.
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3. 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.
4. Any requests requiring audio/visual support must be submitted to the
Town Clerk for coordination with the information and technology division
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 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 Councilmember, the Town Manager or the Town
Attorney (with notice to all Councilmembers).
2. Submission by the Mayor (with notice to all Councilmembers).
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
Councilmembers electronically, generally seven days before Regular Meetings
and five days before Work-Study Meetings; provided, however, that Agenda
Packets may be supplemented later under special circumstances so long as no
Agenda Packet material is made available less than 72 hours prior to the Meeting,
except in the case of exceptional circumstances or an emergency Meeting.
F. Removal Requests. Requests to remove items from the Consent Agenda
occurring after the 72 hour posting deadline will be announced by the Mayor at
the beginning of the meeting at which the item was scheduled. The posted
Agenda will remain unchanged.
4.3 DISTRIBUTION OF NOTICES AND AGENDAS
A. Copies. The Town Clerk shall ensure that the Mayor and Council receive copies
of all Meeting notices and Agendas and any documentation provided for said
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Meeting electronically, not less than 72 hours prior to the Meeting, unless
exceptional circumstances require a later delivery.
B. Distribution. The Town Clerk shall ensure that the Meeting notices, Agendas and
packet documentation, as deemed necessary, are posted to the Town’s website:
www.fh.az.gov and made available to the Mayor and Council, the public, Town
Manager, Town Attorney, and staff electronically by 6:00 p.m. on the Thursday
prior to the date of the meeting.
C. Amendments. A posted Agenda may be amended up to 72 hours prior to such
meeting. In exceptional circumstances, such Agenda may be amended up to, but
not less than, 24 hours prior to the designated Meeting, unless otherwise
authorized by State Law. Amended Agendas shall indicate the date amended.
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)
Call to the Public (Non-agenda items) (preceded by the following paragraph)
Pursuant to ARIZ. REV. STAT. § 38-431.01(H), public comment is permitted (not
required) on matters not listed on the agenda. Any such comment (i) must be
within the jurisdiction of the Council and (ii) is subject to reasonable time, place
and manner restrictions. The Council will not discuss or take legal action on
matters raised during “Call to the Public” unless the matters are properly noticed
for discussion and legal action. At the conclusion of the call to the public,
individual Councilmembers may (i) respond to criticism, (ii) ask staff to review
the matter or (iii) ask that the matter be placed on a future Council agenda.
Consent Agenda (preceded by the following explanatory paragraph)
All items listed 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
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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 Councilmember or member of the public so requests. If a
Councilmember or member of the public wishes to discuss an item on the consent
agenda, he/she may request so prior to the motion to accept the Consent Agenda
or with notification to the Town Manager or Mayor prior to the date of the
meeting for which the item was scheduled. 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 Discussion/Direction to Town Manager (Items for future Agendas)
Summary of Council Requests and Report on Recent Activities by Town Manager
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.
A. Roll Call. Following the Call to Order and the Pledge of Allegiance, the Moment
of Reflection or Invocation 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 Councilmembers both present and absent shall
be entered into the minutes. The order of roll call shall be: Mayor, Vice Mayor
and then Councilmembers from the Mayor’s far right to the Mayor’s far left.
B. Mayor’s Report. The Mayor may use “Mayor’s Report” to read proclamations or
conduct other ceremonial matters as listed on the posted Agenda.
C. Scheduled Public Appearances/Presentations. The process set forth in
Subsection 4.2(B)(4) above applies to 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. The Town Manager shall endeavor to limit the
total time for such presentations to ten minutes individually and 30 minutes
collectively per Council meeting. Councilmembers may use “Scheduled Public
Appearances/Presentations” section to provide an update of official activities, as
listed on the posted Agenda.
D. 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.
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2. All citizens and interested parties wishing to speak before the Council shall
fully complete a speaker’s request form. Speaker Cards submitted by those
who indicate they will not speak will be grouped together in the order in
which the cards were received and by the categories of “for” and “against”
relating to the item indicated on the Speaker Card. The Town Clerk will
announce the number of cards received, if any, and number received per
category.
3. At the conclusion of each citizen’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.
d. Permit individual Councilmembers to respond to criticism raised
during the Call to the Public.
4. At the discretion of the Presiding Officer light and/or sound signals may
be used to indicate the commencement of the time for speaking and a
warning light may flash to show that the appropriate time has passed. A
red light will signal that there is no longer any remaining time.
E. 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.
Councilmembers 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 (Suspension of the Rules) above.
F. 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
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speak. The Mayor or the Town Clerk, or authorized designee, 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 request forms and submit the forms to the Town
Clerk, or authorized designee, prior to Council discussion 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. Completed speaker request forms will
be retained by the Town Clerk until the draft minutes are approved by the
Council at a subsequent meeting. Speakers’ names and comments will be
summarized and included in the meeting minutes. Speakers will be called
in the order in which the speaker cards were received. If a speaker
chooses not to speak when called, such speaker will be deemed to have
waived his/her opportunity to speak on that matter.
2. Those speaking before Council will be allowed three contiguous minutes
to address Council, but time limits may be waived by (a) discretion of the
Town Manager upon request by the speaker not less than 24 hours prior to
a Meeting, (b) consensus of the Council at a Meeting or (c) the Mayor
either prior to or during a Meeting. Speakers may not (a) reserve a portion
of their time for a later time or (b) transfer any portion of their time to
another speaker.
3. The purpose of all public comments is to provide information and the
speaker’s views for 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 Councilmembers; all remarks
will be addressed to the Presiding Officer and not to individual
Councilmembers. 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. Councilmembers 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 Councilmember shall engage in
debate directly with such speakers, representatives or Town staff.
4. Proper decorum, in accordance with Section 6.4 below, must be observed
by Councilmembers, 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 Councilmembers, Town staff or members of the public
are not allowed.
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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 to the Town Clerk 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 ½” 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 (a) the
Presiding Officer or (b) a majority of the Council, persons may be allowed
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to speak longer than three minutes. Councilmembers 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.
G. Council Discussion/Direction to Town Manager. The Council may (1) give
direction to the Town Manager to follow-up on matters presented at that Meeting,
(2) to bring an item before the Council on a future Agenda for discussion and
possible action, or (3) direct staff to conduct further research and report back to
the Council.
H. Summary of Council Requests and Report on Recent Activities by Town
Manager. At the conclusion of the Council Discussion/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. The
Town Manager may also suggest timelines for such follow-up.
I. 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 as an
extension of or 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
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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 Council with the
opportunity for in-depth discussion and study of specific subjects. Public
comment is not provided for on the Agenda and may be made only as approved
by consensus of the Council. In appropriate circumstances, a brief presentation
may be permitted by a member of the public or another interested party on an
Agenda item if invited by the Mayor or the Town Manager to do so. The
Presiding Officer may limit or end the time for such presentations.
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, who 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 Councilmembers, and he/she shall not be deprived of any of the rights and
privileges of a Councilmember by reason of his/her acting as Presiding Officer. However, the
Presiding Officer is primarily responsible for the conduct of the Meeting.
6.3 QUESTION TO BE STATED
The Presiding Officer shall verbally restate, or shall ask the Town Clerk to verbally restate, each
question immediately prior to calling for discussion and the vote. Following the vote, the
Presiding Officer shall ask the Town Clerk or authorized designee to verbally announce the
results of voting, including the ayes, nays and abstentions. The Presiding Officer shall publicly
state the effect of the vote for the benefit of the audience before proceeding to the next item of
business. Formal votes shall not be taken at work sessions or executive sessions.
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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 substantially similar to the following: “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. Councilmembers: Any Councilmember 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
Councilmembers. 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 law enforcement 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 (1) recess the Meeting for a brief time (2) end
the speaker’s time at the podium or (3) direct a law enforcement officer present at
the Meeting to remove from the Meeting the person whose conduct is disorderly
or disruptive.
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6.5 TELECONFERENCE PROCEDURE
Meetings may be conducted by teleconference as follows:
A. Prior Notice. When a Councilmember is unable to attend a Meeting and desires
to participate in the Meeting by telephone, the Councilmember shall be permitted
to do so provided he/she gives the Town Clerk, or authorized designee, notice of
his/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: “Councilmembers 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.
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, the speaker shall clearly
state his/her name for the record and shall indicate if he/she is a Town
resident.
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 Subsection 5.2(F) above.
2. The Presiding Officer may limit the number of speakers heard on non-
Agenda topics at any single Meeting to allow the Meeting to proceed and
end in a timely manner.
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3. If it appears that several speakers desire to provide repetitive comments
regarding a single topic, the Presiding Officer may limit the number of
speakers.
C. Motions.
1. Processing of Motions: When a motion is made and seconded, it shall be
stated by the Presiding Officer before debate.
2. Precedence of Motions: When a motion is before the 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
j. Main Motion
3. Motion to Postpone Indefinitely: A motion to postpone indefinitely is
used to dismiss an item on the Agenda. This motion is debatable, and
because it can be applied only to the main question, it can, therefore, only
be made while the main question is immediately pending (a motion and
second is on the floor). This motion is commonly used to postpone an
item until a more appropriate time.
4. Motion to Table: A motion to table enables the assembly to lay the
pending question aside temporarily when something else of immediate
urgency has arisen, in such a way that there is no set time for taking the
matter up again. A motion to table shall be used to temporarily by-pass
the subject. A motion to table shall not be debatable and shall preclude all
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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 to the amendment.
A motion to amend an amendment on the floor 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, prior to consideration of
subsequent amendments. After all amendments have been voted
on, the Council shall vote on the main motion (as amended, if
applicable).
7. Motion to Continue: Motions to continue shall be debatable only as to the
propriety of postponement. 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.
E. Voting Procedure. After discussion has been concluded and the Mayor, the
Councilmember who made the motion or the Town Clerk has restated the motion
under consideration, the following procedure shall apply:
1. Casting a Vote:
a. In acting upon every motion, the vote shall be taken by casting a
mechanical yes/no vote, voice, roll call or any other method as
determined by the Presiding Officer, by which the vote of each
member of the Public Body can be clearly ascertained and
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recorded in the Meeting minutes. Upon the request of the Mayor
or a Councilmember, the vote shall be taken by roll call.
b. The vote on each motion shall be entered into the record by names
of the Councilmembers 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 Councilmember has declared a Conflict of Interest, the Town
Clerk shall include a statement such as “Abstained 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 Councilmembers in attendance at a duly called Meeting that
requires formal Council action are required to vote. A member
may abstain from voting only if he/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 Councilmember fail to vote or offer a voluntary
abstention, his/her vote shall be counted with the majority of votes
cast, unless the Councilmember’s vote is excused by the State law;
however, in the event of a tie vote, his/her vote shall be counted as
“Aye.”
3. Reconsideration: Any Councilmember 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.
4. The affirmative vote of a majority of a Quorum shall be required for
passage of any matter before the Council.
SECTION 7. CONFLICT OF INTEREST
7.1 INTRODUCTION
Occasionally, a Councilmember may find himself/herself in a situation that requires a
Councilmember remove himself/herself from participation in discussion and voting on a matter
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before the Council. This situation exists when the Councilmember 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 Councilmembers, Board members, Commissioners, and Committee members.
7.4 DISCLOSURE OF INTEREST
Any Councilmember, Board member, Commissioner, or Committee 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 member who has a conflict of interest in any decision must disclose
that interest at the Meeting and in writing on a form provided by the Town Clerk. The disclosure
of the conflict shall include a statement that the member withdraws from further participation
regarding the matter. The Town Clerk or designee shall maintain for public inspection all
documents necessary to memorialize all disclosures of a conflict of interest by a member.
7.5 WITHDRAWAL FROM PARTICIPATION
Having disclosed the conflict of interest and withdrawn in the matter, the Councilmember, Board
member, Commissioner, or Committee member must not communicate about the matter with
anyone involved in the decision making process in any manner. Further, the 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 that the majority of Councilmembers, Board members, Commissioners,
or Committee members have a conflict of interest and the Council, Board, Commission or
Committee is unable to act in its official capacity, members may participate in the discussion
and 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 (A) part of
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the compensation they would normally be entitled to for performing their duties or (B) otherwise
permitted according to State Law.
7.8 SANCTIONS FOR VIOLATIONS
Violations of the conflict of interest provisions set forth herein shall be punished as provided for
in State law.
7.9 NON-STATUTORY CONFLICTS OF INTEREST
Occasionally, a Councilmember, Board member, Commissioner, or Committee 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 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.
SECTION 8. CODE OF ETHICS
The purpose of this policy for the Town is to ensure the quality of the Town Government
through ethical principles that shall govern the conduct of the Council and members of the
Town’s boards, commissions, and committees.
In furtherance of this purpose, we shall:
8.1 OBEY THE CONSTITUTION AND LAWS OF THE UNITED STATES OF
AMERICA, THE CONSTITUTION, AND LAWS OF THE STATE OF ARIZONA
AND THE LAWS OF THE TOWN OF FOUNTAIN HILLS.
8.2 BE DEDICATED TO THE CONCEPTS OF EFFECTIVE AND DEMOCRATIC
LOCAL GOVERNMENT THROUGH DEMOCRATIC LEADERSHIP.
We shall honor and respect the principles and spirit of representative democracy and shall
set a positive example of good citizenship by scrupulously observing the letter and spirit
of laws, rules, and regulations.
8.3 AFFIRM THE DIGNITY AND WORTH OF THE SERVICES RENDERED BY
THE TOWN GOVERNMENT AND MAINTAIN A DEEP SENSE OF SOCIAL
RESPONSIBILITY AS A TRUSTED PUBLIC SERVANT.
8.4 BE DEDICATED TO THE HIGHEST IDEALS OF HONOR, ETHICS, AND
INTEGRITY IN ALL PUBLIC AND PERSONAL RELATIONSHIPS.
A. Public Confidence. We shall conduct ourselves so as to maintain public
confidence in Town government and in the performance of the public trust.
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B. Impression of Influence. We shall conduct our official and personal affairs in
such a manner as to give a clear impression that we cannot be improperly
influenced in the performance of our official duties.
8.5 RECOGNIZE THAT THE CHIEF FUNCTION OF LOCAL GOVERNMENT IS
AT ALL TIMES TO SERVE THE BEST INTERESTS OF ALL THE PEOPLE.
We shall treat our office as a public trust, only using the power and resources of public
office to advance public interests and not to attain personal benefit or pursue any other
private interest incompatible with the public good.
8.6 KEEP THE COMMUNITY INFORMED ON MUNICIPAL AFFAIRS;
ENCOURAGE COMMUNICATION BETWEEN THE CITIZENS AND ALL
MUNICIPAL OFFICERS; EMPHASIZE FRIENDLY AND COURTEOUS
SERVICE TO THE PUBLIC; AND SEEK TO IMPROVE THE QUALITY AND
IMAGE OF PUBLIC SERVICE.
A. Accountability. We shall ensure that government is conducted openly, efficiently,
equitably, honorably, and in a manner that permits the citizens to become fully
informed to allow them to hold Town officials accountable.
B. Respectability. We shall safeguard public confidence in the integrity of Town
government by being honest, fair, caring, and respectful, and by avoiding conduct
creating the unexplainable appearance of impropriety, or impropriety of which is
otherwise unbefitting a public official.
8.7 SEEK NO FAVOR; BELIEVE THAT PERSONAL BENEFIT OR PROFIT
SECURED BY CONFIDENTIAL OR PRIVILEGED INFORMATION OR BY
MISUSE OF PUBLIC TIME IS DISHONEST.
A. Private Employment. We shall take any steps necessary to ensure that we comply
with the State law regarding conflicts of interest when we engage in, solicit,
negotiate for, or promise to accept private employment or render services for
private interests or conduct a private business.
B. Confidential Information. We shall not disclose to others, or use to further our
personal interest, confidential information acquired in the course of our official
duties.
C. Gifts. We shall not directly or indirectly, in connection with service to the Town,
solicit any gift or accept or receive any gift - of any value - whether it be money,
services, loan, travel, entertainment, hospitality, promise, or any other form of
gratuity. This policy shall not apply to hospitality, transportation or other
assistance provided to Town officials when such hospitality, transportation of
other assistance is (i) directly related to their participation in community events as
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a representative of the Town or (ii) of inconsequential value and accepted as a
courtesy.
D. Investment in conflict with official duties. We shall not invest or hold any
investment, directly or indirectly, in any financial business, commercial or other
private transaction that creates a conflict with our official duties.
E. Personal relationships. Personal relationships shall be disclosed in any instance
where there could be the appearance of conflict of interest or a conflict of interest.
8.8 CONDUCT BUSINESS OF THE TOWN IN A MANNER, WHICH IS NOT ONLY
FAIR IN FACT, BUT ALSO FAIR IN APPEARANCE.
8.9 PROMOTE UNDERSTANDING, MUTUAL RESPECT AND TRUST AMONG
MEMBERS OF COUNCIL, BOARDS, COMMISSIONS AND COMMITTEES
CONCERNING THEIR ROLES AND RESPONSIBILITIES WITH RESPECT TO
TOWN STAFF’S RESPONSIBILITY FOR IMPLEMENTING THE COUNCIL’S
POLICIES.
All members of the Council, boards, commissions, or committees shall acknowledge in
writing, on a form provided by the Town Clerk, receipt of these provisions relating to
ethics.
SECTION 9. BOARDS, COMMISSIONS, AND COMMITTEES
The Fountain Hills’ Council may create such boards, commissions, and committees as deemed
necessary to assist in the conduct of the operation of Town government. The Council may
authorize and direct the Town Manager to establish ad hoc committees as needed in order to
provide additional flexibility with regard to conducting Town business.
9.1 REGULARLY SCHEDULED OR UNSCHEDULED BOARDS, COMMISSIONS
AND COMMITTEES
A. Classification. All boards, commissions, and committees of the Town shall be
classified as regularly scheduled or unscheduled boards, commissions, and
committees. Regularly scheduled boards, commissions, and committees are those
that meet on a regularly scheduled basis or may be quasi-judicial in nature.
Unscheduled boards, commissions, and committees meet on an as-called basis.
B. Regularly Scheduled. Regularly scheduled boards, commissions, and committees
include:
1. Planning and Zoning Commission
2. Parks and Recreation Commission
3. McDowell Mountain Preservation Commission
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4. Community Center Advisory Commission
5. Public Safety Advisory Commission
6. Senior Services Advisory Commission
7. Strategic Planning Advisory Commission
C. Unscheduled. Unscheduled boards, commissions, and committees:
1. Ad Hoc Committees
2. Board of Adjustment
D. Sunset. Except for the Planning and Zoning Commission and Board of
Adjustment, any board, commission, or committee created shall cease to exist (1)
upon the accomplishment of the special purpose for which it was created or (2)
when abolished by a majority vote of the Council.
9.2 SELECTION OF BOARD, COMMISSION, OR COMMITTEE MEMBERS
A. Call for Applications. The call for applications to fill vacant seats for boards,
commissions and committees shall include a request for:
1. A cover letter of interest.
2. A resume.
3. The “Background and Personal Data Outline” application that describes
the applicants’ skills, experience, and education background needed to
ensure the successful filling of the vacancy.
4. Responses to the supplemental questionnaire specific to a board,
commission, or committee application, if such questionnaire is included.
5. The consent to executive session form.
6. If a member whose term will be expiring wishes to reapply for an
additional term on the same board, commission or committee, such
member is exempt from filing those items listed in Subsections
9.2 (A)(1)–(4). However, such member shall submit in writing, on a form
provided by the Town Clerk that includes a request for the Council’s
consideration of reappointment in addition to the consent to executive
session as listed in Subsection 9.2(A)(5). The member may include any
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new or additional information that is relevant to the original application
already on file.
B. Advertising/Timing and Location. Staff liaisons shall be responsible for
advertising to fill vacant seats to boards, commissions, and committees for at least
two weeks and no later than two months, prior to the expiration of the current
board, commission, or committee member(s) term, via:
1. The Town’s government access channel.
2. Newspaper advertising.
3. The Town website.
4. The Town’s official posting sites as listed in Section 2-4-3 of the Fountain
Hills Town Code. The staff liaison shall be responsible for submitting to
the Town Clerk’s office the Affidavit of Established Posting. The
downloadable application packet will be placed on the Town’s website for
public access with hard copies made available to the public through the
Customer Service Representative.
C. Advertisement Contents. Advertisement of vacancies shall include the following:
1. The name of the board, commission, or committee.
2. The number of vacancies to be filled.
3. A brief description of the board, commission, or committee.
4. A brief description of the qualifications, skills and experience background
applicants should possess, if any.
5. An overview of when the board, commission, or committee meet.
6. The deadline for submitting applications.
7. Listing of applicant information required and location where application
packets may be obtained.
8. Staff liaison contact information.
9. The dates of publication in the local paper.
D. Staff Review. Individuals applying for boards, commissions, or committees must
submit to the appropriate Staff Liaison those items as listed in Subsection 9.2(A)
above by the published deadline. The Staff Liaison will review the application(s)
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to ensure that the applicant(s) meet the qualifications as listed in Subsection
9.4(A) below.
E. Council Materials. The staff liaison to the board, commission, or committee will
assemble and copy all application packets and provide all supporting materials to
all Councilmembers.
F. Subcommittee Review/Interview. The Council subcommittee shall interview all
applicants, unless there are more than five applicants for each vacancy, in which
case the subcommittee may choose, at its discretion, to limit the number of
interviewed applicants to five per vacancy after meeting to review all of the
applications. The staff liaison will schedule an appropriate time to interview
qualified applicants in person or via telephone. Interviews shall be conducted in
Executive Session unless the applicant requests the interview be held at a public
meeting.
G. Subcommittee Recommendation. After the interviews have concluded, the staff
liaison or the Council Subcommittee chair shall advise the Mayor of the
subcommittee’s discussion and appointment recommendation(s).
H. Council Consideration. The staff liaison shall submit the agenda action form to
the Town Clerk according to the submission deadline for the next appropriate
Council Meeting Agenda, including the following information: (1) a review of the
steps taken to recruit applicants, (2) the number of vacancies to be filled along
with the names of those members whose terms expire, (3) the number of
applications received and (4) the specific term to be filled.
I. Notification of Council Meeting. The staff liaison shall notify the appointee(s)
that he/she is a possible candidate for appointment to a board, commission, or
committee and suggest that he/she may want to be present at the scheduled
meeting when the recommendation is presented to the Council.
J. Notification of Council Action. Following the Council’s approval of the Mayor’s
appointment(s) to a board, commission, or committee, the staff liaison shall notify
appointees as to their appointment. Those applicants not chosen to fill a vacancy
on a board, commission, or committee, will be provided written notification by
the staff liaison outlining the Council’s appointments and they will be provided
with an application of interest for consideration of applying for any other board,
commission and committee vacancies.
K. Appointee Orientation . The staff liaison will provide specific details to the new
appointees relative to: (1) their attendance at the “official” board, commission, or
committee orientation, (2) taking the “oath of office” prior to attending their first
board, commission, or committee meeting, (3) reading and signing the ethics
policy, (4) the Open Meeting Law Letter advising of the State’s requirement for a
person elected or appointed to review Arizona’s Open Meeting Law materials at
least one day before the day that person takes office, (5) all official literature,
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agendas, minutes, or other materials specific to their appointment and (6)
information relating to the Town’s annual Arizona Open Meeting Law training.
9.3 RECOMMENDATIONS FOR APPOINTMENTS TO BOARDS, COMMISSIONS
AND COMMITTEES
A. Appointments Subcommittee. The Mayor may annually appoint Council
Subcommittees for board, commission and committee appointments. Each
subcommittee shall be made up of three Councilmembers. The Mayor may
appoint himself/herself to this subcommittee. If no such subcommittee is
appointed, at a minimum, a quorum of the Fountain Hills Council shall review
applications and conduct interviews for the various boards, commissions, and
committees to fill vacancies based upon the applicants’ skills, experience, and
background as required under Section 9.4 below.
B. Subcommittee Purpose. The purpose of this Council Subcommittee is to review
applications, interview applicants (typically in Executive Session) and provide a
recommendation to the Mayor for possible appointment to fill vacancies based
upon the applicants’ skills, experience, and background as required under Section
9.4 below.
C. Appointment Timing. The process of application review and interviews will be
conducted in such a manner as to allow for the appointments to coincide with the
term expiration of the current board, commission or committee member(s) term or
as soon thereafter as reasonably possible.
9.4 QUALIFICATIONS FOR APPOINTMENTS; EMPLOYEES OR APPOINTED
OFFICERS AS MEMBERS
A. Minimum Qualifications. All members of boards, commissions, and committees
shall meet the following minimum qualifications upon their appointment to any
board, commission, or committee. Each member must be:
1. Eighteen years of age or older, for any board, commission, or committee
seats, designated by Council; except for members appointed to Youth
Commissioner position for youth representation.
2. A Fountain Hills’ resident for at least one year, unless the Council
specifically waives this time or residency requirement for a specific board,
commission or committee.
3. A qualified elector, except youth appointees.
B. Prohibited Appointees. Town employees or appointed officers shall not be
eligible for appointment to any board, commission, or committee but may be
requested to provide staff support thereto. Councilmembers are prohibited from
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serving on regularly scheduled commissions as listed in Subsection 9.1(B) above
and the Board of Adjustment.
C. Ex-Officio Members. The Mayor, with the consent of the Council, may from
time to time appoint ex-officio members to those boards, commissions or
committees as set forth in the bylaws of such body. Such members shall serve at
the pleasure of the Mayor and Council. Ex-officio members shall not be entitled
to vote on any matter brought before the commission.
9.5 TERMS, VACANCIES, REMOVAL
A. Terms. All members of unscheduled boards, commissions, and committees shall
serve a term of up to three years, or until the board, commission, or committee is
dissolved, unless Council action, Town Code, or Arizona Revised Statutes
specifically designates terms.
B. Staggered Terms for Smaller Boards. For those regularly scheduled boards,
commissions, and committees having five members or fewer, the terms of office
shall be staggered so that no more than three terms shall expire in any single year
when possible; provided, however, that no staggering of terms shall be required
for any boards, commission, or committee that will be in existence for a single
term.
C. Staggered Terms for Larger Boards. For those boards, commissions, and
committees having more than five members but less than eight members, the
terms of office shall be staggered so that no more than four terms shall expire in
any single year when possible; provided, however, that no staggering of terms
shall be required for any board, commission, or committee that will be in
existence for a single term.
D. Simultaneous Service Limitation. No individual may serve as a voting member
on more than one regularly scheduled or unscheduled board, commission, and
committee at one time.
E. Vacancies. A vacancy on a board, commission, or committee shall be deemed to
have occurred upon the following:
1. Death or resignation of a member of a board, commission, or committee.
2. A member ceasing to be a resident of the Town of Fountain Hills, unless
the Council has provided that such member may be a non-resident.
3. Three successive unexcused or unexplained absences by a member from
any regular or special board, commission, or committee meetings.
However, the term of all members shall extend until their successors are
appointed and qualified.
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F. Removal. Any board, commission, or committee member may be removed as a
member to that board, commission, or committee upon a vote of not less than four
Councilmembers for any cause as determined by the Council.
G. Filling Vacancy. Whenever a vacancy has occurred on one board, commission, or
committee procedures described in Sections 9.2, 9.3, and 9.4 above will be used
to generate applicants, interview applicants, and make a recommendation for a
potential appointee.
H. Re-appointment. An incumbent member of a board, commission, or committee
seeking reappointment shall submit, in writing on a form provided by the Town
Clerk that includes a request for the Council’s consideration of reappointment in
addition to the consent to executive session form by the published deadline in
order to be considered for appointment by the Council. The member may include
any new or additional information that is relevant to the original application
already on file
9.6 APPLICABILITY OF THE ARIZONA OPEN MEETING LAW
All boards, commissions, and committees are subject to the Arizona Open Meeting Law and
therefore shall attend the Town’s Annual Open Meeting Law training.
9.7 RESIDENCY REQUIREMENT
Members of all boards, commissions or committees shall be residents of the Town.