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Home My WebLink AboutMinutes - Government Review Task Force - 5/21/2001 TOWN OF ORO VALLEY GOVERNMENT REVIEW TASK FORCE MEETING MINUTES MAY 21 , 2001 • A Special Meeting of the Government Review Task Force was called to order by Chairman Loomis at 4:10 p.m. • ATTENDANCE: • Chairman Paul Loomis • Vice-Chairman Jim Kriegh • Marilyn Cook • Don Dvorak • Richard Feinberg • Larry Holden • Susan Baczkiewicz • Kathi Cuvelier • Dan Dudley • APPROVAL OF MINUTES. Richie Feinberg motioned for approval of the May 14, 2001 meeting minutes. Seconded by Marilyn Cook. Motion carried 5-0. • COUNICL POLICIES/PROCEDURES. Chairman Loomis opened the continued discussion concerning the revised draft of the Council Policies/ Proceduresmotoi*tmoppwktpgowpowppgofooposopgoqjoo:j owortotoomocottomoolohoomootot • § 12.6 — accepted as revised, however, the first sentence should begin, "Pursuant to ARS § 38-503(C)(2), a Council Member, or their close relative as explained in § 12.1, may sell to the Town..." • § 12.7 — accepted as revised, however, this provision should end after the third sentence and the remaining part should be incorporated into 12.8. • § 12.8 — accepted as revised, and in addition two sentences should be added at the end of this provision which read, "If that issue is not resolved at that meeting, that Council Member shall not discuss the matter with any other Council Member until the matter is finally resolved. The Council Member who declared the conflict may return to their seat when that agenda item is completed." • § 12.9 — accepted as revised, however Chairman Loomis asked that Town Attorney Dan Dudley verify this provision if all Council Members declare a conflict and whether or not the Town could require a vote. [ ] • § 12.10 — accepted as revised, and in addition "public officers" and "public servant" are replaced with "Council Member" text. • § 12.11 — overall accepted as revised, and in addition "person" and "public officer" are replaced with "Council Member" text. F:\Govt Task Force\Minutes 052101 • § 12.11(A) — [1`] • § 12.11(B) — [1;] • § 12.11(E) —the third word in the fourth sentence should be singular. • § 13 — this section is for review under separate action • § 14 — these provisions are all modified to include at the beginning, "Council Member(s) shall...." • § 14.2 — [ `] • § 14.3 — accepted as revised, and in addition the first sentence should be clarified to read, "Council Members shall maintain confidentiality of matters discussed in Executive Session and those issued under a `confidential' and `attorney-client privilege' caption by legal counsel." • § 14.5 — accepted as revised • § 14.6 — revised to read, "Council Members shall seek advice from the Town Attorney at any point that a legal issue arises or where litigation is alleged." • § 14.11 — accepted as revised • § 14.12 — accepted as revised, however Town Attorney Dan Dudley will propose additional test for clarification. • § 14.13 — accepted as revised • Chairman Loomis addressed a letter received by a resident of the Town as it relates to a review of the draft Council Policies/Procedures. A continued review of the remaining provisions (§8.8 - §10.5) in this letter will be addressed at the next Special meeting. • § 4 — "Citizen Comments/Appearances from the Floor" text is sufficient without an explanation • § 4.1(B) —the last sentence is deleted • § 4.3(A) —Town Attorney verified this provision with the Oro Valley Town Code. [1] • § 5.1(A) —24 hours notice is sufficient • § 6.1(A) — public participation, at the discretion of the Mayor, is sufficient • § 8.5 — Chairman Loomis asked that the Town Attorney verify the recently updated Open Meeting Laws as it pertains to the Call to the Audience. • § 8.6 — text is sufficient • § 8.8 — the second sentence is revised to read, "Following the introduction and Staff reports, the Mayor shall entertain questions from the Council and public input, then a motion may be made as provided for in these Policies & Procedures." r] • NEXT MEETING(s). • SPECIAL: Chairman Loomis declared the next Special meeting date on Monday, �� .�t�� :: �� regarding the "second draft" oft e Council Policies/Procedures where all revisions made by the GRTF have been incorporated and highlighted for final review. F:\Govt Task Force\Minutes 052101 2 • ADJOURNMENT. Don Dvorak moved to adjourn at 5:37 p.m. Seconded by Larry Holden. Motion carried 5-0. RESPECTFULLY SUBMITTED, TOWN OF ORO VALLEY 1 4-\," S I. Baczkiewi Civil Paralegal F:\Govt Task Force\Minutes 052101 3 Proposed and/or revised text by Town Attorney Dan Dudley: • § 12.9 — In the unlikely situation the majority of the Council Members have a conflict of interest and the Council is unable to act in its official capacity due to those conflicts, those Council Members with a conflict may, and are strongly encouraged to, participate in the Council's decision and vote after making known their conflicts of interest in the official record in accordance with ARS § 38-508(B). • § 12.11(A) — clarification was added to read, "Pursuant to ARS § 38- 510(A), a Council Member who knowingly or intentionally violates any provision of the Conflict of Interest law may be charged with a class 6 felony. • § 12.11(B) — clarification was added to the first sentence to read, "Pursuant to ARS § 38-510(B), a Council Member who negligently or recklessly violates any provision of the Conflict of Interest law may be charged with a class 1 misdemeanor." • § 14.12 - Council Members shall be available at reasonable times to all Town residents for the conduct of official Town business. • § 4.3(A) - In accordance with Section 2-4-2 of the Oro Valley Town Code, Special meetings may be called by the Mayor and notice shall be posted by the Town Clerk at least twenty-four (24) hours prior to the meeting. In addition, a majority of the Council may call a Special meeting, although notice shall be posted by the Town Clerk at least forty-eight (48) hours prior to the meeting. • § 8.8 — clarification was added to the second sentence to read, "Following the introduction and presentation of Staff reports, the Mayor shall entertain questions from the Council and, where appropriate, permit public participation, following which a motion may be made and a vote may be had as provided for in these Policies & Procedures." F:\Govt Task Force\Minutes 052101 4