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AGENDA
ORO VALLEY HISTORIC PRESERVATION COMMISSION
REGULAR SESSION
MARCH 6, 2023
HOPI CONFERENCE ROOM
11000 N. LA CANADA DRIVE
REGULAR SESSION AT OR AFTER 5:00 PM
CALL TO ORDER
ROLL CALL
CALL TO AUDIENCE - at this time, any member of the public is allowed to address the Commission on any
issue not listed on today’s agenda. Pursuant to the Arizona open meeting law, individual Commission
members may ask Town staff to review the matter, ask that the matter be placed on a future agenda, or
respond to criticism made by speakers. However, the Commission may not discuss or take legal action on
matters raised during "Call to Audience." In order to speak during "Call to Audience", please specify what
you wish to discuss when completing the blue speaker card.
COUNCIL LIAISON COMMENTS
PRESENTATIONS
1.Historical Society Update
CONSENT AGENDA
1.Review and approval of the February 6, 2023 Meeting Minutes.
REGULAR SESSION AGENDA
1.TRAINING AND POSSIBLE DISCUSSION REGARDING OPEN MEETING LAW, CONFLICT OF
INTEREST AND HPC RESPONSIBILITIES
2.DISCUSSION AND POSSIBLE ACTION REGARDING REGULAR PRESENTATION FOR
EDUCATIONAL PURPOSES AT FUTURE HPC MEETINGS
3.DISCUSSION AND POSSIBLE ACTION REGARDING THE PROCESS TO REVIEW THE ANNUAL
ORO VALLEY CULTURAL HERITAGE PRESERVATION PLAN
DEPARTMENT UPDATE
FUTURE AGENDA ITEMS - The Commission may bring forth general topics for future meeting agendas.
The Commission may not discuss, deliberate or take any action on the topics presented pursuant to ARS
38-431.02H.
ADJOURNMENT
POSTED: 02/28/2023 at 5:00 p.m. by dt
POSTED: 02/28/2023 at 5:00 p.m. by dt
When possible, a packet of agenda materials as listed above is available for public inspection at least 24 hours prior
to the Commission meeting in the Town Clerk's Office between the hours of 8:00 a.m. – 5:00 p.m.
The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If any person with a disability needs
any type of accommodation, please notify the Town Clerk’s Office at least five days prior to the Commission meeting
at 229-4700.
INSTRUCTIONS TO SPEAKERS
Members of the public have the right to speak during any posted public hearing. However, those items not
listed as a public hearing are for consideration and action by the Commission during the course of their
business meeting. Members of the public may be allowed to speak on these topics at the discretion of the
Chair.
If you wish to address the Commission on any item(s) on this agenda, please complete a blue speaker card located
on the Agenda table at the back of the room and give it to the Recording Secretary. Please indicate on the blue
speaker card which item number and topic you wish to speak on, or if you wish to speak during “Call to Audience,”
please specify what you wish to discuss when completing the blue speaker card.
Please step forward to the podium when the Chair announces the item(s) on the agenda which you are interested in
addressing.
For the record, please state your name and whether or not you are a Town resident.1.
Speak only on the issue currently being discussed by the Commission. Please organize your speech. You will
only be allowed to address the Commission once regarding the topic being discussed.
2.
Please limit your comments to 3 minutes.3.
During “Call to Audience”, you may address the Commission on any issue you wish.4.
Any member of the public speaking must speak in a courteous and respectful manner to those present.5.
Thank you for your cooperation
“Notice of Possible Quorum of the Oro Valley Town Council, Boards, Commissions and Committees: In
accordance with Chapter 3, Title 38, Arizona Revised Statutes and Section 2-4-4 of the Oro Valley Town
Code, a majority of the Town Council, Board of Adjustment, Historic Preservation Commission, Parks and
Recreation Advisory Board, Stormwater Utility Commission, and Water Utility Commission may attend the
above referenced meeting as a member of the audience only.”
Historic Preservation Commission 6. 1.
Meeting Date:03/06/2023
Submitted By:MaryAnne Tolmie, Parks and Recreation
SUBJECT:
Historical Society Update
RECOMMENDATION:
N/A
EXECUTIVE SUMMARY:
N/A
BACKGROUND OR DETAILED INFORMATION:
A board member from the Historical Society will give their quarterly update, March, June, September, December.
FISCAL IMPACT:
N/A
SUGGESTED MOTION:
N/A
Historic Preservation Commission 7. 1.
Meeting Date:03/06/2023
Submitted By:MaryAnne Tolmie, Parks and Recreation
SUBJECT:
Review and approval of the February 6, 2023 Meeting Minutes.
RECOMMENDATION:
staff recommends approval.
EXECUTIVE SUMMARY:
N/A
BACKGROUND OR DETAILED INFORMATION:
N/A
FISCAL IMPACT:
N/A
SUGGESTED MOTION:
to approve (approve with changes) the February 6, 2023 Historic Preservation Commission Meeting Minutes.
Attachments
2023 02 06 HPC Draft Minutes
D R A F T
MINUTES
HISTORIC PRESERVATION COMMISSION
REGULAR SESSION
February 6, 2023
HOPI CONFERENCE ROOM
11000 N. LA CAÑADA DRIVE
REGULAR SESSION AT OR AFTER 5:00 PM
CALL TO ORDER
Chair Lee called the meeting to order at 5:00 p.m.
ROLL CALL
Present: Nicole Casaus, Commissioner
Michael Paul, Commissioner
Ronald Scantlan, Commissioner
Auvie Lee, Chair
Absent: Puntadeleste Bozeman, Vice Chair
Joan Pliego, Commissioner
Staff Present:Tobin Sidles, Legal Services Director
Matt Jankowski, Parks and Recreation Deputy Director
MaryAnne Tolmie, Recording Secretary
Attendees: Steve Solomon, Council Liaison
CALL TO AUDIENCE
Paul Loomis, an Oro Valley Resident, spoke regarding the Oro Valley Historic Preservation
Commission, Historic Preservation Code, Oro Valley Town Code, Certified Local Government and how
it relates to Historic Preservation, the Commission, and Steam Pump Ranch.
Devon Sloan, an Oro Valley Resident, spoke regarding the missing Historical Marker. Adot took the
sign when they widened Oracle Road and it will not be returned. She also asked that the current brown
sign be moved to a more visible location. She invited the Commission to Steam Pump Ranch next
week when Arizona celebrates 111 years of Statehood. She also reminded everyone of the February
19th fundraiser at the Oro Valley Country Club.
COUNCIL LIAISON COMMENTS
Council Member Solomon welcomed Ray Scantlan to the Commission.
CONSENT AGENDA
1.Review and approval of the January 9, 2023 Meeting Minutes.
Chair Lee thanked commissioner Paul for noticing some incorrect motions at the last meeting. The
motion for Chair was made by Commissioner Paul, seconded by Commissioner Pliego. The motion for
Vice Chair was made by Commissioner Paul, seconded by Commissioner Lee. There were no other
changes discussed.
Motion by Chair Auvie Lee, seconded by Commissioner Michael Paul to approve, with discussed
changes, the January 9, 2023 meeting minutes.
Vote: 4 - 0 Carried
REGULAR SESSION AGENDA
1.WELCOME NEW MEMBER
Chair Lee welcomed Ray Scantlan to the Commission. Commissioner Scantlan relayed that he was in
the U.S. Navy for 20 years and 10 years with DOD. He spent a lot of time overseas, was responsible
for closing a school and base in South Korea where he was instrumental in preserving some of the
artifacts and assets of historical significance. He is interested in video productions, was an educator,
and would like to use these skills to benefit the commission.
2.DISCUSSION REGARDING REGULAR PRESENTATIONS FOR EDUCATIONAL PURPOSES AT
FUTURE HPC MEETINGS
Chair Biel had the idea of getting subject matter experts to present at Commission meetings regularly
for 15-20 minutes so that everyone can learn more about the history and foundations of Oro Valley to
enhance the understanding and appreciation of the area. Commissioner Casaus agreed with some
positive comments. Commissioners Paul and Scantlan were also in favor. Commissioner Paul would
like to review topics before presenters are selected. Mr. Jankowski added that although public
attendance is usually low, the meetings are posted to the town's website and people do listen to them.
He added that commissioners should begin to think about topics.
3.DISCUSSION REGARDING THE PROCESS TO REVIEW THE ANNUAL ORO VALLEY CULTURAL
HERITAGE PRESERVATION PLAN
Chair Biel reported that this document is an annual requirement of the Commission. He opened the
discussion by asking if the Commission would review the plan and think about how they are going to
assign tasks for completion. Commissioner Paul liked the idea.
DEPARTMENT UPDATE
Mr. Jankowski reported that Sites Southwest was in Town last week for the Vistoso Trails Nature
Project. Staff and public response was significant. Their formal presentation will be at the Parks and
Recreation Advisory Board meeting on February 21. Sites Southwest will also present at a future town
council meeting. The Oro Valley Aquatic Center has been closed since the beginning of December and
will be reopening Monday February 13 with brand new filters, a new recreation pool heater, competition
upgrades, new piping, and a deep cleaning of the facility. The Community and Recreation Center has
exceeded 2,700 members, the highest ever. He attributed some of the increase to the free Classic
Memberships offered recently through the Renew Active program and noted that the Silver Sneakers
program will begin within the next month or two. The MOVE (Marana Oro Valley Experience) Across
program will begin within the next month or two. The MOVE (Marana Oro Valley Experience) Across
2 Ranges event is scheduled for February 25. It begins in Marana in the Tortolita Mountains and ends
in Oro Valley, Catalina State Park for a celebration. Anyone interested in volunteering for the event can
contact Mr. Jankowski.
FUTURE AGENDA ITEMS
Motion by Chair Auvie Lee, seconded by Commissioner Michael Paul to discuss and possibly act on
selecting presentations for educational purposes. A Motion by Chair Auvie Lee, seconded by
Commissioner Nicole Casaus to discuss and possibly act on the process to review the Oro Valley
Cultural Heritage Preservation Plan. A Motion by Commissioner Nicole Casaus, seconded by
Commissioner Ronald Scantlan to discuss and possibly act to generate a list of action items for
preservation needs. A Motion by Chair Auvie Lee, seconded by Commissioner Nicole Casaus to secure
training on Open Meeting Law.
ADJOURNMENT
Motion by Chair Auvie Lee, seconded by Commissioner Nicole Casaus to adjourn at 5:29 p.m.
Vote: 4 - 0 Carried
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular session of the
Town of Oro Valley Historic Preservation Commission of Oro Valley, Arizona held on the 6th day of February, 2023.
__________________________
MaryAnne Tolmie
Senior Office Specialist
Historic Preservation Commission 1.
Meeting Date:03/06/2023
Submitted By:MaryAnne Tolmie, Parks and Recreation
SUBJECT:
TRAINING AND POSSIBLE DISCUSSION REGARDING OPEN MEETING LAW, CONFLICT OF INTEREST AND
HPC RESPONSIBILITIES
RECOMMENDATION:
N/A
EXECUTIVE SUMMARY:
N/A
BACKGROUND OR DETAILED INFORMATION:
N/A
FISCAL IMPACT:
N/A
SUGGESTED MOTION:
N/A
Attachments
Open meeting law HPC March 2023 final
Open Meeting Law and
Conflicts of Interest
Refresher Training
March 2023
Basic Municipal law
A review of the Basics
The Town of Oro Valley is a municipality. A municipality is a
political subdivision of the State, in this case the State of
Arizona. A Town can only exercise authority granted to it
by the State of Arizona. (A.R.S. Title 9)
The State of Arizona has established certain laws for the
betterment of its citizens a municipality must follow. These
include the laws regarding Public Records, Conflicts of
Interest and the Open Meeting Law (OML). The Town must
always follow the Open Meeting Laws established by the
State.
Overall Purpose of OML
A Review of the Basics
1) To protect the public
Avoids any decision making in secret!
Promotes accountability by encouraging officials to act responsibly.
2) To protect public officials
To avoid exclusion (by providing notice).
To adequately prepare and avoid being blind-sided (agenda).
To memorialize what happened (minutes).
3) Maintain Government integrity
4) Create a better-informed citizenry
5) Builds trust between government and the citizens.
Basics
Open Meeting Law
Arizona has very strong open meeting laws/public records
laws. It is required by the law to be interpreted broadly!
If you come from another state or attend an out of state
seminar and they say you can do this or you don’t have to
do that, don’t believe them!
Please always check with your Staff representative, Legal
Department and/or Town Clerk first. Other state’s laws are
very different from our own. Organizations also differ in
their formation and rules and if the OML applies to them.
Statutory Basics –What is necessary
A.R.S. 38-431 et. seq.
1) AGENDA -All meetings of a “public body” must be publicly and
conspicuously noticed at least 24 hours in advance. (Need to have an
agenda! Don’t ever talk about things that are not on it.)
2) PROPERLY POSTED-The Towns agendas are required to be posted
on the Town website and at designated sites.
3) SPECIFIC-The agenda must always have “sufficient specificity ” to
enable members of the public to understand what is being discussed.
You can’t agendize “Old Business”.
4) DONE IN PUBLIC-The Council meeting must be held with all legal
action of the body being conducted in public (unless it fits into an
Executive Session exception.)
5) MINUTES –Must be a record of what was done. These are general
minutes as required by state law.
Call to the Audience
A Review of the Basics
Question-What does state law say about a Call to
the Audience?
The Publics Legal Rights
A Review of the Basics
Question -What constitute the basic “legal rights”
of all citizens at their elected representative
Council or Commission meetings?
Publics Legal Rights -See AZ Atty. Gen. Op. 78-1
A review of the Basics
The Public has the right to:
Attend (can be electronic)
Listen to the proceedings
Audio record
Videotape/Electronically Record
The Public has no right to:
Speak, interrupt or give their opinion (unless it is a noticed public
hearing -surprise!)
Disrupt any proceeding
•(See Arizona Ombudsman Office publication -2010)
•You can allow it, but it isn’t a right.
Review of the Basics
•MEETINGS
(MEETINGS OF THE PUBLIC BODY)
WHAT CONSTITUTES A MEETING OF THE PUBLIC BODY?
A Review of the Basics
‘“Meeting” mean any gathering, in person or through
technological means, of a quorum of members at which
they may discuss, propose or take legal action, including
any deliberations by a quorum with respect to such action.
(The term “meeting” is to be construed very broadly! See
AG Op. I05-004)
A “Public Body” includes the Council and all Boards,
Commissions, Study Groups, Advisory Committees or any
Sub-committees, etc.
So, if four of you attend an HPS meeting and talk about
something that might end up at HPC, is there a problem?
Attorney General Op. I05-004
Review of the Basics -What is a Meeting?
For example, the statement “Did you hear Councilmember Smith was
admitted to the hospital?” is not a proposal. “I think we might need
another historic signpost at Steam Pump” is considered a proposal. So
any e-mail or text (or any other communication) from a Commission
member to any other members that constitute a quorum would be a
meeting within the OML if something like the sign post was proposed,
even if there is only one way communication and no other board
members reply to the e-mail. (Emphasis added -See Footnote 5)
Footnote 5 -It can be argued that because the definition of a meeting
refers to a gathering of a quorum, the definition only applies to
proposals made by the quorum or more than one person…No. This is
contrary to the directive that the OML be construed broadly to
achieve its purposes.
Training Question!
OML Basics -Who Is Subject To The Law?
Which organizations below are subject to the
Arizona Open Meeting Laws?
Arizona Legislature (House and Senate)
Town’s Golf Course operators
The Local Homeowners Associations
This Board or Commission
ANSWER
A Review of the Basics
ONLY THIS BOARD OR COMMISSION
The State Legislature exempted themselves from the OML
rules when they adopted them
An HOA is not a state agency or political subdivision of the
State. Neither are businesses like Antares, HSL or Raytheon.
So the OML really applies only to specified State government
agencies with public officials –Like Counties, Municipalities,
School Boards, and Fire Districts.
Back To Meetings-What the AG says
In 2000, statute was amended to include “meetings can be in
person or through technological devices” in the definition of
meeting. AG Op. I91-033
Commission/Board cannot gather or decide illegally through
“polling ” ;“consensus” or any other devices that circumvent the
law (AG Op. I75-8)
Staff/Friends may not be used to circumvent the law (AZ Atty.
Gen. Handbook-2001 and ARS 38-431.01(H) (Note staff
information blasts to all members with research are okay!)
2005 Attorney General Opinion I05-004 specifically discussed no
quorum communication by e-mail, text or any electronic media
and its implications for the Open Meeting Law.
Training -7 member Council/Commission
Open Meeting Law
A Council/Commission member texts another member
with a question asking about the money being allocated to
restore Steam Pump has signs that doesn’t seem to fit the
requirements, and they wonder if they should review it?
The second person texts back they don’t know the answer
to the requirements. So the original member texts still a
third member for that information. They also don’t know
but that third member then calls their friend who does
know and then calls the First member with the answer.
That wise friend goes to the gym a week later, sees
Commission member number four and tells them about
the question and the answer. Has a meeting occurred?
AG Opinion I05-004 ANSWER
Gathering Through Technological Devices
YES! And it was illegal.
Members of a body do not have to participate
simultaneously.
One-way communication still constitutes a violation if it is
something that may come before the Commission.
Electronic communication (E-mail, Text, Zoom,
Facetime,Tik-Tok etc.) that involves any matter that may
come before the Board for legal action may not be used to
circumvent the OML. Personal or in-person
communication is not required.
Serial Communication
REVIEW-Four activities constitute a meeting if a
quorum is involved:
Discussing some action;
Proposing some action;
Taking legal action; and
Deliberating with respect to legal action
Example 1: 7 Member Council
Serial Communication Practice
Council Member A
Council Member B
Email
Email
Council Member C
Council Member D
Example 2: 7 Member Council
Serial Communication Practice
Email
Email
Council Member C
Council Member D
Council Member A
Council Member B
Example 3: 7 Person Council
Hub and Spoke communication Practice
Council Member A
Council Member B
Council Member C
Council Member D
ACCEPTABLE E-mails
Information blasts sent from staff/public to
Council members provided there is no reply or
discussion amongst the Officials.
E-mails between less than a quorum of the
Council (Quorum Majority Exception!). BE VERY,
VERY CAREFUL! (Quorum is members present)
E-mail that does not involve matters that may go
before the Council/Board.
Possible Penalties!
A.R.S. §38-431.07 imposes fines
from $500 to $2500 for each
violation plus any attorney’s fees
against any member of a public
body found to have violated the
Arizona Open Meeting Law.
A person found to have violated the
OML may be removed from their
office by court order.
The Town may not expend any
public funds to provide for paying
the fines, etc. regarding the OML,
(except a Town may be ordered to
pay a plaintiff’s attorney’s fees.)
Any action taken in violation of OML
is considered null and void and
should be reconsidered at an open
meeting.
Suggestions from your Legal Counsel
As a general rule, do not e-mail the entire
Council/Board/Commission at once, or even a quorum of
members. Don’t be at a place where something is discussed
that might come before you. Use only the buddy system.
Don’t forward or copy other members in response to e-mails
received from Council/Board/Commission members.
Even when emailing another (single) member of the
Council/Board/Commission, restrict your comments only to
your own thoughts. Never include thoughts or opinions from
other Members that you may have heard.
Suggestions from Legal Counsel
You may want to include the following language as
a “tag line” to all emails sent regarding
Commission business:
To ensure compliance with the Open Meeting Law,
recipients of this message should not forward it to
others and any members should not reply to this
message.
“Exceptions” to Open Meeting Law in public
EXECUTIVE SESSIONS
There are seven. (Rarely use some of them.)
Personnel (Evaluations and Hiring) (must provide 24 hour written
notice to employees/appointees who chooses to make it public
session instead of Executive Session.
Discussion of records exempt by law from public inspection
Legal Advice-only allowed with the public’s own lawyers.
Discuss the purchase, sale or lease of real property
Discussion and consultation with public bodies lawyer(s) to consider
pending or contemplated litigation, settlement discussions or
contracts.
Discuss and instruct representatives regarding labor negotiations
Discuss international, interstate or tribal negotiations
DO NOT TRY TO SHOEHORN OTHER ITEMS IN!!
Executive Sessions
Rarely used outside of the Town Council/Planning and
Zoning Commission and Board of Adjustment.
Council, Boards and Commissions
Minutes!
Oro Valley uses general “action minutes”. These minutes
comply with the State Law requirements. They should be
available three working days after the meeting unless
otherwise provided in the statutes.
ARS 38-431.01 (B) (C), (D), et. seq.
Date, time and place
Names of officers present or absent
A general description of matters considered (This means not specific or
word for word)
A legally sufficient description of all legal actions proposed, discussed or
taken and the names of persons making statements and the members that
make the motions.
Conflicts Of Interest/Bias/Appearance of Impropriety
CONFLICTS OF
INTEREST/BIAS/APPEARANCE OF
IMPROPRIETY
Duties
Conflict of Interest Concerns
The Historic Preservation Commission Duties are outlined
in the Town Code, specifically Section 6-10-5 (F) and
Section 21.9.
Duties
Conflict of Interest
Some Main Duties of HPC (non-inclusive)
•Recommend (through Parks and Rec.) acquiring funding for promoting
historic preservation.
•Recommend cultural resource conservation policies for the General
Plan.
•Maintains a list of known significant cultural resources for
consideration in planning actions.
•Maintains a Historic Property Register
•Maintain and periodically update a plan for historic preservation.
•Create a series of historic markers for designated properties
•Maintain criteria to assure for a fair and impartial review of
applications for Certificates of Appropriateness. Approve or deny.
•Review Property designations as a Landmark or Historic District.
•Make recommendations to Council (through Parks and Rec.) to
acquire historically significant properties or preserve such properties
•Annually prepare written reports to the Town Council and SHPO
•Periodically review the Historic Resources Survey
Historic Preservation Code
Duties
In addition, the “Historic Preservation Code” adopted by
the Town in Article 6-10 calls for the Town to promote the
educational, cultural and economic welfare of the Town.
This “General Clause” is sometimes used by this body in
promoting its educational activities.
Where can there be problems? -Common Sense
Conflicts of Interest/Appearance of Impropriety
As an appointed member of a Board or Commission, you
represent the Town of Oro Valley. This means that it is
incumbent on you to avoid situations where people can
accuse you of either a financial gain or bias as much as
possible. The public is expecting you to take a neutral and
fair look at all the facts and after fairly considering all
viewpoints, come to the best overall decision.
Not doing this looks bad for The Town of Oro Valley and its
government that you represent. You need to be impartial.
Remember, under the law you are personally responsible
for declaring a conflict.
(Arizona Revised Statutes 38-501 et. seq.)
What is the unethical and illegal Conflicts of Interest !
The State has listed what is a Legal Conflict of Interest.
It is fairly limited, and involves money, or property.
What do you need to declare a conflict?
What do you need to have a conflict?
Conflict of Interest
1) The conflict should currently exist. (But it is
usually a good idea to take care of problems
before you get to the point they do exist.)
Legal Conflicts of Interest ARS 38-501 et. seq.
2. There must be a substantial pecuniary
(financial) interest of the Council member or
these close relatives.
Spouse
Child
Grandchild
Parent
Grandparent
Sibling and their spouse
Substantial Interest
What is a substantial pecuniary interest?
Law provides that a substantial interest is an interest
that is not “remote” (less than helpful). See ARS 38-502.
Remote interests include: less than 3% of value of a
corporation, class interests and some others.
The AZ legislature has their own definition of a conflict
based on “undue influence”, but that is them.
What to ask yourself first?
Is it money or property? (only individual political
contributions are generally exempt)
Will this money affect me or my family?
Is the interest remote? (Best determined at the time!)
Example
Conflict of Interest
Commission members grandfather owns property in OV
with a small slice that the Town wants to acquire as part of
a Parks trail to a historic site. The Commission (through
Parks Dept.) wants to recommend to Council they do pay
to acquire the property and make improvements to the
road entrance and parking, which should provide better
access, publicity and increased tourism. What should the
Commission member do?
What to do if you have an actual Conflict of Interest
1) Determine if a conflict actually exists. If it does, file a form with the
Town Clerk and recuse yourself. You must disclose the conflict of
interest at the meeting where the matter is going to be considered.
Upon declaring the conflict, immediately withdraw from participation
in the matter. (This means leave the room. Do not talk to anyone
about this item either before it comes up or at the meeting.)
If you ignore declaring the conflict, you can pay the fine and face
potential class 4 felony charges.
Conflict of Interest
Other problems can also arise because of close or financial
relationships with other organizations. Sometimes they are
not actual legal conflicts under the state statutes, but only
the appearance of a bias.
“Appearance of Impropriety” / “Bias”
Having a “Bias” or “Appearance of Impropriety” is not
illegal. But it does cause problems with perceptions. If you
can’t fulfill your duty of being fair and neutral, you can
recuse yourself. An appearance of impropriety does not
require giving a formal statement of why you are recusing
yourself, unlike an “legal” conflict. An appearance of
impropriety would just give an ordinary citizen pause
when they hear it. Does it pass the “newspaper test”?
Generally, the Town asks that all Boards and Commission
members try to avoid these situations, but theya re not
illegal.
Example
Bias/Appearance of Impropriety
Oro Valley Historical Society.
The Town and OVHS interact. Suppose the OVHS comes to
the HPC and asks for them to recommend to the Town to
put in turf and a watering system around all the buildings
at Steam Pump Ranch?
Example
Bias/Appearance of Impropriety
So, if you are a member of the Society, recommending
something that results in the Town expending money towards
their requests may be a problem. (If you are an OVHS dues-
paying member it appears you may have a Bias/Appearance of
Impropriety towards them.) It is recommended that you not
have a membership with the Society to show you remain
unbiased and can dispassionately balance the Towns interests
versus the Societies until such time as you are no longer on the
Commission. Can you still make a contribution to them? Sure, if
it is for something not going to come before HPC or the Town,
or if it has already been decided (timing matters).
Conflicts/Bias
It is best to conduct any Town business at what is
considered an arm’s length transaction. Just spend some
time and think about what you are currently
recommending and with whom, and if it may relate to
being on the Commission. It can save you a lot of
headaches in the future.
Quick RECAP
OML is a state requirement. Essential items include:
Agenda –Published 24 hours in advance with enough specificity (staff)
Call to the Audience?
Meetings –What constitutes a meeting. Must be done in public (Council)
Executive sessions-only seven categories. (Check with Legal Counsel)
Conflicts of Interest –what is it? What is an Appearance of Impropriety?
Records –State requires “action minutes” within a reasonable period of
time which must be available to the public.
Remember the goal is to keep the Town away from the appearance of the
“back-room” deal and to promote confidence in the local government.
Questions?
Contact Information
Legal Services Department
Phone: 520-229-4760
Email –tsidles@orovalleyaz.gov
Fax-520-229-4774
THANK YOU!