Loading...
HomeMy WebLinkAboutPackets - Council Packets (806) AGENDA ORO VALLEY TOWN COUNCIL STUDY SESSION AUGUST 27, 2008 ORO VALLEY TOWN COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE STUDY SESSION - AT OR AFTER 5:30 p.m. CALL TO ORDER ROLL CALL 1. Police Department Presentation and Discussion of Recruitment and Retention White Paper 2. Administrative Procedures and Policies for Town Board and Commission Term Limits and Appointment Dates 3. Discussion of Community Benefit Agreements ADJOURNMENT POSTED: 08/20/08 4:00 p.m. cp 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 (520)229-4700. TOWN OF ORO VALLEY Page 1 of 2 COUNCIL COMMUNICATION MEETING DATE: August 27, 2008 TO: HONORABLE MAYOR AND COUNCIL FROM: LT. CHRIS OLSON, EXECUTIVE OFFICER OVPD TORY SCHLIEVERT, MANAGEMENT ASSISTANT SUBJECT: PRESENTATION OF ORO VALLEY POLICE DEPARTMENT RECRUITMENT AND RETENTION WHITE PAPER SUMMARY: One of the Town Manager's goals for this past year was to review and evaluate existing policies and practices and explore new avenues to enhance and maintain the Town's ability to recruit and retain qualified police officers. The Oro Valley Police Department (OVPD) along with Town Manager's staff worked together to generate a white paper through the observations of and interviews with Police Department personnel, a review of current OVPD tools and techniques, and an informational memo from OVPD staff addressing the difficulties agencies around the nation are having recruiting and retaining qualified police officers. Additionally, Town Manager staff completed a thorough literature review of recruitment and retention best practices. The white paper outlines measures that OVPD has already taken, measures in the development stages, and ideas that the department has not yet considered to improve or maintain recruitment and retention efforts. The goal was to increase knowledge surrounding recruitment and retention practices and to propose strategic alternatives, which will provide the Oro Valley Police Department with the tools to create a comprehensive police officer recruitment and retention plan. Some of the items discussed included developing ways to highlight the police department's existing technology to draw attention at future career fairs, working to maintain competitive wages and benefits, implementing a Career Enhancement Program designed to motivate, develop and reward achievement, flexible physical performance testing criteria(applicants have 30 days to meet the standard), and providing recruitment workshops to prepare potential applicants. OVPD will be working with a production company on a marketing campaign to develop a high quality, audio/visual website experience designed to motivate interested applicants to apply. Throughout the process of creating this white paper it became clear that the Oro Valley Police Department has a sound foundation for recruiting and retaining officers. The goal of this report was to further identify alternatives that the OVPD could employee to improve their processes. Their willingness to participate in this effort and evaluate themselves to improve shows a strong commitment to providing police protection to the community. ATTACHMENTS: 1. Oro Valley Police Department Recruitment and Retention White Paper r TOWN OF ORO VALLEY Page 2 of 2 COUNCIL COMMUNICATION MEETING DATE: August 27, 2008 l 1 / --, ll I_ .i r. . / r Tory S' 'evert, anagement Assistant C.___. -:---' : ::::::::----' Lt. chris O lson Executive Officer kiC;,.4, 7) ' , , I ' ' 't -') 7----, Chief Daniel ilarp, olic Chief Z)14441' a/W./J.-- David Andrews, Town Manager Oro Valley Police Department: Recruitment and Retention Completed by: Town Manager staff: Oro Valley Police Department staff David Andrews, Town Manager Daniel Sharp, Police Chief Tory Schlievert, Management Assistant Lieutenant Chris Olson Russ Newberg, Management Intern Sergeant Amy Sloane Sergeant Andrew Lopez 1 a 1 PURPOSE The purpose of this report is to assist the Oro Valley Police Department (OVPD) in reviewing and evaluating existing policies and practices and exploring new avenues to enhance and maintain the Town's ability to recruit and retain qualified police officers. This report was generated through observations of and interviews with Police Department personnel, a review of current OVPD tools and techniques, and an informational memo from OVPD staff addressing the difficulties agencies around the nation are having recruiting and retaining qualified police officers. This report outlines measures that OVPD has already taken, measures in the development stages, and ideas that the department has not yet considered. The goal is to increase knowledge surrounding recruitment and retention and to propose strategic alternatives, which will provide the Oro Valley Police Department with the tools to create a comprehensive police officer recruitment and retention plan. WHERE THE ORO VALLEY POLICE DEPARTMENT STANDS The Oro Valley Police Department understands the priority that needs to be placed on recruitment and retention. Through a review of OVPD's Web site, the OVPD FY07-08 Strategic Plan, the 2007 Police Officer Staffing Report and the background information provided for this report, all of which provide insight into 21st century staffing issues, it is clear that OVPD is a functional department with good leadership and sound planning. The Oro Valley Police Department has already taken numerous steps to recruit qualified police officers. The department's Web site, developmental and educational programs, relationships with local media, and recruitment workshops are all vital pieces of a comprehensive plan. Additionally, the Department is trying to begin a succession planning effort to work on retaining current employees. OVPD recognizes that younger generations are technologically oriented and that an outstanding Web site is crucial in the recruitment process. OVPD has developed an informative Web site, which provides a "Career Opportunities" link, is user-friendly, and makes it possible to download applications. Developmental and educational programs such as the Law Enforcement Explorer Program, the Citizen Academy, and the Teen Academy Program provide a realistic job preview, andg ive the department the opportunity to observe participants' personalities and work ethic. Investigate OVPD and other outreach programs provide positive exposure. The department, through its public information officer, has utilized local television news to create visibility surrounding OVPD's cutting-edge technology. OVPD understands that becoming a police officer is an arduous process. The department conducts recruiting workshops to help inform recruits about the process. Each of these pieces has helped the department to create a positive reputation, however there are additional alternatives available to them that will further increase their recruitment and retention efforts. 2 RECRUITMENT Competition among law enforcement agencies has become more intense over the past several years as a good economy has offered more jobs than ever before. Traditionally, a limited job market ensured departments did not have to recruit very much to attract good candidates. Today, law enforcement agencies are faced with incredible difficulty in trying to attract and retain quality candidates who "fit" within their organizational environment. To succeed in this effort, leaders are being forced to look at recruitment and retention in new and different ways (Orrick, 2008). Additionally, generational differences in the workforce have created recruitment struggles as well. "A major difference between the baby boomer generation and the expectations of today's work force is the change from a life that revolved around a job to a life that includes family and activities (the work-life balance)" (Woksa). Word-of-mouth, newspaper and online advertisements, agency Web sites,job fairs, and outreach to local universities are some of the techniques being used to recruit officers. A study of local police department personnel in North Carolina, which reflects the state's employment conditions between 1998 and 2002, provides valuable insight into recruitment and retention issues. Receiving 124 out of 205 questionnaires, this research identified what agencies in North Carolina considered to be the most common barriers to recruiting as shown in the following table (Yearwood, 2004). Barriers To Recruiting Competition with other Criminal Justice Agencies 80.6% Agency Budget Restrictions 72.6% Agency Size 37.9% Competing with Private Sector 34.7% Current Cost of Living 25% Applicant Criminal Histories 21% Agency Location 15.3% CORE VALUES When it comes to recruiting, a department should take advantage of every tool it has. In order to use these tools effectively they need to be part of a comprehensive plan. There also needs to be a firm foundation on which the plan can be constructed. OVPD has already laid the foundation by making its core values highly visible. Dwayne Orrick, Director of Public Safety for the City of Cordele, Georgia writes that "the statement of core values is...the bedrock of the department's operations. Serving as its constitution, the core values clarify why the department exists, what it represents, and how it conducts itself' (2008). In order to be effective the plan must reflect the department's character and personality. Because competition between law enforcement agencies is so fierce, it is necessary to make the Oro Valley Police Department stand out. 3 EMPLOYER BRAND In order to make a department stand out, Orrick encourages agencies to develop an employer brand: An employer brand communicates the message of what it is like to work in the organization...For example, a department may be well know[sic] for providing higher salaries, maintaining excellent performance standards, or having the best equipment available. At the same time, a department may also be known for poor relationships between management and line officers or low salaries and benefits (2008). Agencies that develop a strong employer brand may enjoy the following benefits: • Be considered "employers of choice" (Davis Advertising as referenced in Orrick, 2008) • Experience a greater number of high quality candidates • Experience lower costs-per-hire • Increase the level of retention It is important to know your agency. This allows you to point out to a prospective applicant why they should choose your agency instead of the competitor. An employer brand gives you the advantage. Whether you are working on the Web site, with the media, or making a presentation to a criminal justice class, the brand can be used as a rudder to guide the technique. Additionally, by building a brand that is part of the larger Town brand, OVPD can help to market the Town as well. An employer brand helps to build a good reputation and communicate all of an agency's positive features. The department can begin this process by asking the following questions: What makes OVPD a good place of employment? How does OVPD standout from other agencies? Is the culture one of camaraderie? Are excellent professional standards upheld? Is management innovative? It may also be important to identify any possible detractors and be prepared to counteract them with the department's strengths. Once the department establishes its core values and understands what makes it standout, the next step is to discover methods to communicate these strengths. If a department is functional, innovative, and provides a supportive atmosphere, yet no one knows about it, recruiting will remain difficult. The following examples demonstrate how important it is to identify an agency's employer brand. The employee brand is not a recruitment technique; however, if you are trying to recruit without an employer brand you are shooting in the dark. EMPLOYER RECRUITMENT TECHNIQUES INCENTIVES/BONUSES Many agencies around the nation are using expensive incentives to attract candidates. An October 2006 article from Police Chief Magazine reported a bidding war that was taking place between Dallas, Austin, and Houston. Houston increased its signing bonuses to $7,000. In 4 response, Dallas upped its signing bonuses to $10,000 (Woska). However, there are alternatives to costly incentives. The table below identifies various recruitment techniques used by the agencies surveyed in the North Carolina study along with the perceived effectiveness of each technique (See Table 1). Table 1 Recruitment Techniques and Their Perceived Effectiveness Average Effectiveness Technique Number Using %Using Rating It to 9) Word-of-mouth 118 95.0 6.83 Newspaper ads 103 83.1 5.38 Community college 89 71.8 5.62 Internet 78 62.9 4.64 Personnel listings 78 61.3 4.13 Auxiliary/reserve force 71 57.3 5.32 Job fairs 61 49.2 2.89 Police Corps 44 35..5 2.73 Radio/TV ads 34 25.4 .85 Note:Survey respondents were encouraged to select all recruitment:techniques lived by their agencies:therefore.percentages do not equal 100. WORD OF MOUTH The table indicates that word-of-mouth is by far the most used technique at 95% and is perceived the most effective with a rating of 6.83 out of 9. Recruitment, Retention, and Turnover in Law Enforcement, a best practice guide prepared for the International Association of Chief of Police by Dwayne Orrick, Director of Public Safety for the City of Cordele, Georgia, provides two word-of-mouth techniques. The simpler of the two, Viral Recruitment, simply assumes that qualified candidates have connections with other qualified candidates who may be interested. Extra materials are given to an interested candidate to give to friends and associates who might be interested in the job. The second technique, Employee Referral Systems (ERS), provides rewards for employees who refer a candidate that becomes an employee. San Diego County offers $500 (Chan, 2008) and Seattle $1,000 (Woska, 2006)to employees who successfully refer a candidate. King County, Washington offers employees 40 hours of paid vacation time (Woska). According to Orrick, employee referral systems are the most effective recruitment techniques available. In the best practice guide Orrick writes, "Some research has found that officers who are recruited through employee referral systems are more likely to succeed in the selection process and be retained by the agency." 5 ADVERTISEMENTS According to Lt. Greg Caylor of the City of Seattle Police Department advertising on internet job sites has resulted in more candidates for their department (Chan, 2008). There are many benefits to using Internet job sites. Besides being available 24 hours a day, 7 days a week, many state law enforcement agencies, municipal associations, the International Association of Chiefs of Police, the United States Military, and State Labor Departments offer free online posting for local law enforcement positions. Agencies are also using Careerbuilder.com and Monster.com. The ability to advertise across the nation is an additional benefit to using online advertisements. It is interesting to note that neither job fairs nor radio and television advertisements were perceived as effective as one might think. FORMER OFFICERS Keeping in touch with former officers can prove beneficial. Officers often come back to a department they have left. A good relationship might inspire them back, and they will be able to help address attrition issues by discussing with other officers the benefits of working for the department and the detractors they have bumped into elsewhere. More information on recruiting former officers is included under the section "Responding to Departing Officers". DEVELOPMENTAL PROGRAMS As mentioned earlier, developmental programs provide a realistic job preview, and give the department the opportunity to observe participants' personalities and work ethic. The department is committed to a number of developmental programs. Providing internships for students that are interested in law enforcement would be an excellent way to generate interest and develop potential candidates. The use of internships and creating better relationships with applicant pools are further discussed under the section, "Application Pools". WEB SITE OVPD has done a good job in the development of its Web site. It includes the following crucial elements: • Photographs • Link entitled "Career Opportunities" • Descriptions and qualifications for positions • Description of the selection process • The ability to download an application These elements are crucial to the effective police agency Web site (Orrick, 2008). Additionally, testimonials describing what attracted an officer to the department or the great work environment could be provided. Because the Web site is the "epicenter" of recruiting efforts it is important to make it as engaging and user-friendly as possible. 6 Visiting police department Web sites around the state of Arizona has provided some additional insight. In addition to displaying all the pertinent information regarding the selection process on their Web sites, the Tempe (City of Tempe police officer, 2008) and Phoenix (City of Phoenix police officer, 2008) police department Web sites include the application, requirements, exam dates, a description of the selection process, and a map to the facility. Once downloaded and printed,the interested candidate has all the information needed in hand. The Phoenix Police Department displays the process in a very user-friendly manner. On its recruitment page, entitled "How Do I Get Started?" (How do I get started, 2008) seven steps are laid out with links providing relevant information associated with the particular step (Appendix). Peoria, Tempe, and Pima County Web sites provide videos on their homepages. This could make the Oro Valley Police Department's Web site even more interactive. Pima County Sherriff Department's "Join Our Team" page provides four videos (http://www.teampimasheriff.org/). This gives the department greater license to spread its message. This also provides the department the opportunity to share with the viewer the different aspects of the department and highlight its greatest strengths as determined by the department's employer brand. Some videos could be action-oriented while others could seek to expand the viewer's perception of an Oro Valley Police Officer's role. Still other videos could be a personal "message from the chief' or testimonials from officers describing their experience, which would be both informative and inspirational. In order to continually evaluate the recruitment process a "where did you hear of the job?" line should be included in the application. The OVPD Web site is good; however, some of these changes would make it excellent. OVPD has contacted several local firms on this issue and is in the process of creating a similar marketing campaign. LOCAL MEDIA OVPD has done a good job of working with local television news stations to create stories. KVOA 4 has broadcast news coverage surrounding cutting-edge technology. This increases visibility and highlights what the agency has to offer. OVPD should continue this effort. As the department establishes its employer brand it will have a better understanding of the types of stories it would like to feed to local networks and newspapers. APPLICANT POOLS Instead of relying on job seekers to approach the Oro Valley Police Department's table at job fairs, the department could work to create relationships with applicant pools. For example, creating contact with local universities could create somewhat of a pipeline for the department. According to Reuben M. Greenberg, Chief of Police, Retired, Charleston, South Carolina, "the secret to successful recruiting in Charleston is extensive outreach to all colleges in the southeastern United States (2006). Dr. Neil R. Vance, Spencer Lecturer in Applied Ethics at the University of Arizona recommends that police departments find as many ways of relating to the student body as possible. Lecturing, as Chief Sharp does, is one example of relating; however, Vance suggested structural methods as well. The University of Arizona has a criminal justice club with which OVPD could form a relationship. He made the following suggestions. 7 "OVPD could fund an outing at a shooting range or at the local academy when it is not in use. They could even do joint sporting events like a night at the Sidewinders. The point is creating points of contact where OVPD police at all levels could relate to students." (N. Vance, personal communication, May 6, 2008) Northern Arizona University Undergraduate Advisor, Rebecca Schell, expressed an interest in sending out job/internship announcements to her students. She advises several hundred students in the areas of Criminal Justice, Public Management, and Sociology. She has an email listserve, which allows her to quickly send out information to her students. There is also a bulletin board at the Tucson North Office, which is located at 3 895 N. Business Center Dr. (R. Schell, personal communication, May 6, 2008). When contacted, Dr. Stefani Williams, a Northern Arizona University adjunct criminal justice faculty member, stated that she would be interested in building a relationship beneficial to both the Oro Valley Police Department and Northern Arizona Residents. In an email she wrote: "In my past experience, visiting classrooms to discuss opportunities and make personal connections is very effective. We may also be able to work to create an internship opportunity for those not quite ready for employment." (S. Williams, personal communication, May 14, 2008) In addition to local institutions of higher education, other applicant pools may include local military personnel and ROTC groups in high schools. It is also important not to overlook ways to connect to minorities. PREPAREDNESS: GETTING THE RECRUIT THROUGH THE PROCESS In addition to the lack of qualified recruits, another problem facing the Oro Valley Police Department is the failure of candidates to make it through the selection process. A survey of more than 850 police officer recruits from 14 training academies in California revealed that recruits have the most difficulty with the length of time it took them to complete the process and with the lack of communication they experienced throughout the process (Woska, 2006). OVPD has addressed this issue through recruitment workshops; however, additional guidance would go a long way. Apart from the recruitment workshops, OVPD could consider developing a mentorship program as successful candidates become employees. It is also important to take into consideration that relationships with applicant pools, such as the university, will foster better prepared, as well as more qualified applicants. EVALUATING AND IMPROVING THE RECRUITMENT PROCESS Once recruiting gets underway it is important to have some kind of evaluation system in place to measure the effectiveness of certain techniques. Including a line in the application that asks where the applicant learned of the job and even why they were attracted to OVDP is only the beginning. 8 RECRUITMENT SUMMARY The Oro Valley Police Department is in a good place to move forward. The department has a number of things going for it. These include: • An understanding of the priority that needs to be placed on recruitment and retention • OVPD is a functional department with good leadership and sound planning • OVPD is willing to explore new approaches • OVPD has conducted research and has a good background of the issue • OVPD has already taken a number of steps in the right direction • If the directions as stated in the Strategic Plan's "Develop Satisfied Employees" are acted upon the department will be in good shape The recommendations below summarize the ideas discussed during the Recruitment section and can be implemented to form a comprehensive recruitment strategy: 1. Establish an employer brand 2. Be committed to perfecting the department Web site 3. Encourage local media coverage that highlights the department's strengths 4. Reward department employees who refer a candidate who successfully completes training 5. Use potential candidates as recruiters by providing them with extra informational materials to give to friends and associates 6. Continue relationships with former OVPD officers 7. Continue to invest in community outreach and developmental programs 8. Create points of contact with applicant pools 9. Create internships 10. Post open positions on free online job sites 11. Guide the recruit through the application process 12. Evaluate and improve the recruiting process RETENTION The Oro Valley Police Department reported a 7% attrition rate in the OVPD's 2007 Staffing Report. Currently, the rate is down to 3%. This number is reasonable compared to other departments around the nation. In 1999, Florida saw 14% of state and county officers and 20% of municipal officers leave within the first 18 months of employment. In 2003,North Carolina municipal agencies experienced 14.2%turnover, while sheriff's personnel experienced an average of 12.7% (Orrick, 2008). There are numerous causes for attrition. The following table, which is based on Orrick's IACP Best Practices Guide—Recruitment, Retention, and Turnover in Law Enforcement(2008) identifies internal causes of attrition. 9 y Table 2 Attrition: Internal Factors Salary Generally • Struggling to pay bills—leave for less than 5% increase • Unhappy employees leave for 5% increase • Satisfied employees require 20% increase Poor Supervisors or • "People do not leave jobs, they leave managers" Leadership (Beverly, K. & Jordan-Evans, S., 1999 as referenced in Orrick) Poor Job Fit • In some states 25% leave their departments within 18- 36 months • For some intangible reason they are not content in the agency Higher Ordered • Officers being recruited today are seeking challenging Needs work environments and problem solving opportunities Dysfunctional • Avoid strict rule-based environments Organizational • Give ownership of projects to officers Cultures Generational • Create awareness ofg enerational differences Differences • Develop strategies to reach out to the individuals at their current level of development Lack of Career • Opportunities for"moving up" Growth or Better • Larger agencies use the possibility of better Opportunities opportunities to poach officers from smaller agencies Inadequate Feedback • Employees want to know how theyperforming are p erg • Employees are eager to improve Inadequate • Positive reinforcement is easiest, least expensive way to Recognition improve performance Inadequate Training • Today's officers are lookingfor a wayto improve their Y p skills and make them more effective Equipment • If equipment is shared, computers are old and slow • Translation: "I'm not appreciated" • Good equipment= attractive employer 10 In the North Carolina study, agency budget restrictions were the most frequently cited reasons for attrition followed closely by transfers to other law enforcement agencies and leaving for the private sector as shown in table 3. Table:3 Causal Factors for Police Department Attrition Rates Factor Number Reporting % Agency budget.restrictions 102 82.3 TiTransfer to another law enforcement.agency 101 81.. Left for private sector 87 70.2 Retirement 71 57,3 Agency location 62 50.0 Agency size 59 47.6 Cost of living 59 47.6 Specific job duties 55 44.4 Unrealistic officer expectations 55 44.4 Prior criminal history/decertification 55 44.4 Lack of.fringe benefits 54 43.5 Agency residency requirement 51. 41.1 Note.Survey respondents were encouraged to select all recruitment te-:hrdgcie•used hr their agencies: .me re,percentages do not equal 100. The study did not define "agency budget restrictions." However, compensation, training and education opportunities and equipment are all impacted by restrictions in an agency's budget. The number of opportunities outside the agency is in direct correlation with the economy. In a good economy opportunities abound. Opportunities outside the agency create a pulling force. Negative factors within the agency push officers away. Agencies need to maximize opportunities within the department and minimize the negative factors pushing officers away. Police agencies have no control over the economy. They do, however, have the power to make the agency supportive and intellectually stimulating. Many retention techniques are costly. The North Carolina study produced the following table concerning recruitment techniques. 11 Table 4 Retention Techniques and Their Perceived Effectiveness Average Effectiveness Technique Number Using %Using Rating(0 to 9) Annual pay increase irrespective of performance 101 81.5 5.9 r Education/trainni g. agency expense 95 76.6 5.6 Promotions 86 69.4 4.5 Annual pay increase performance-based 82 66.1 5.6 Formal awards, recognition 80 64.5 42 Assigned favorable work shift 75 60.5 52 note:Survey respondents were encouraged gect to select all recruitment techniques used by therr. agencies:therefore,percent ages do not equal 100. Eighty-one percent (81%) of the North Carolina respondents used "annual pay increase irrespective of performance,"which was considered the most effective retention technique, with an average effectiveness rating of 5.9 out of 9 (Yearwood, 2004). Following close behind were annual pay increases based on performance and education and/or training costs covered by the agency. However, 60.5% of respondents reported assigning a favorable work shift, which was given an average effectiveness rating of 5.2. According to Orrick, "to recruit and retain the caliber of officers needed for policing in the 21st century; agencies must pay a competitive salary. In addition, the system must reward officers with cost of living adjustments, longevity, and advanced certifications" (2005). In the IACP Best Practices Guide—Recruitment, Retention, and Turnover in Law Enforcement, Orrick suggests that the quality of an agency's equipment can be seen by officers as a reflection of management's appreciation for them. If officers have to share equipment or if the equipment is out of date, officers may not feel appreciated. It is important to note that the average length of employment for North Carolina Agencies during this84% time was 34 months. of the responding agencies reported that average lengths of employment were less than three years. North Carolina agencies who reported high attrition rates did not have significantly lower entry-level salaries. This suggests that compensation issues should be focused around the 34 to 36 month window (Yearwood, 2004). This is also ag ood time to address the employee's desire for more opportunities. If there are no opportunities for advancement, what other alternatives are there? This also brings to light the importance of selecting candidates with a realistic preview of the job. If they are promised lots of opportunity, pp y, when in reality there is none, the system is set up for failure. There are other points to keep in mind as well. The North Carolina study found officers with higher educational credentials are not leaving the agency at a higher rate than officers who have only obtained a high school diploma. Also, some officers are just not good fits. In some states, for some intangible reason, 25% of officers leave their departments within 18-36 months because they are not content in the agency (Orrick, 2005). 12 • DIAGNOSING THE PROBLEM AND FINDING A CURE In order to retain officers it is essential to hire officers that will fit well within the agency, to develop these officers, work with officers to establish a direction for their careers (succession planning), and to provide them with encouragement. Before an agency can accurately identify which candidates would be a good match for the agency, it is necessary to understand what motivates employees to stay, as well as what motivates them to leave. Confidential surveys, personal interviews, exit interviews, and focus groups can be used to ask employees what is important to them and why the believe officers are leaving the agency (Orrick, 2008). FINDING OFFICERS THAT FIT WELL WITHIN THE AGENCY Once this knowledge is gained, the techniques listed in Table 5 can be implemented. Table 5 Finding Officers That Fit Well in the Agency Behaviorally Based • Explain how candidate responded in the past Interviews • What candidate learned from the experience Realistic Job • Accurate perception of what will be required of the Previews individual and what each will provide in return It is important to supply candidates with a realistic job preview and to perform behaviorally based interviews during the selection process. The job should be portrayed accurately and the candidate should gain a certain amount of exposure. For example, a specified number of ride- alongs could be required before a candidate was permitted to apply. OFFICER DEVELOPMENT According to Orrick, "the officers being recruited today are seeking challenging work environments and problem solving opportunities" (2008). Officers today are often well-rounded and deserve a variety of opportunities. Training, feedback, enhanced work experiences, committee/task forces, and teaching opportunities, all help the officer learn new skills and techniques, build confidence, and exercise the mind. These techniques are presented in Table 6. Table 6 Developing the Officer Training • Establish competency and build confidence • Increased levels of training makes officers feel valued Feedback Officers will quickly become frustrated if they do not receive feedback that is— • Timely • Specific 13 • Behavioral • Job-related Enhanced Work • Job shadowing Experiences • Job rotation • Cross training Committee/Task • Demonstrates respect for officers' opinions and Forces abilities • Opportunities: teamwork, networking skills, learn new techniques Teaching • Provide teaching for other officers in their area of strength • Improves officers' knowledge • Establishes officer as expert • Builds Confidence CAREER GUIDANCE Career assessment and counseling, and dual career ladders provide a framework for officer development techniques as shown in table 6. Assessments provide the officer and his or her supervisor with an understanding of the officer's skills and interests. This lays the groundwork for a mentoring relationship, which can establish a sense of purpose for the officer. Officer and supervisor can work together to create a personalized development plan. This helps the officer to see where his or her career is headed, and feel proud to play an integral role for the agency. Not every officer can be given, or even wants, a supervisory position. Dual career ladders instill a sense of achievement and progress. They also provide the community with a way to differentiate a ten-year veteran from a rookie. Table 7 provides more information on directing an officer's career. Table 7 Directing the Officer's Career Career Assessment Assessments and Counseling • Paper and pencil assessments • 360°evaluations • Assessment centers • Mentoring Programs Personalized Development Plan • Work experience, training, formal education, • Short & long term career objectives • Benchmarks for evaluating progress • Responsibility assignments Dual Career Ladders Not everyone can be given or wants supervisory positions & public has no way to differentiate a 10 year veteran from a rookie • Establish levels based on training and experience 14 • Increased salaries and rank • i.e. private, private first class, Officer I, II, intermediate officer ENCOURAGEMENT As was mentioned in Table 4, Positive reinforcement is the easiest, least expensive way to improve performance. Recognition of effort and quality work can be expressed in many forms as shown in Table 8. A healthy environment, which is supportive and positive, encourages employees to attain high levels of performance. Employees also want to know that others in the agency care for them as people. The more structural ways the department can establish to encourage its officers the better. Table 8 3. Encouraging the Officer Recognition • Regular meetings, passing on info to senior leadership, p informal gatherings • Use letters of commendation, achievement, recognition, thank you notes Environmental • Hold employees accountable when failing to perform at Strategies reasonable standards • After a opportunity for improvement underperforming officers should be removed • A few cynical officers can have major impacts on entire crew Providing a Caring • Provide officers with a sense of belonging and Environment reassurance • Be aware of what is going on in officers' lives • Scheduling time to visit or call individual officers guarantees it gets done RESPONDING TO DEPARTING OFFICERS In addition to identifying what attracts officers to the agency and what makes them stay, it is crucial to respond appropriately to parting officers. This gives the agency insight into why officers are leaving and opens the door for officers to return. It is important to be aware of cues regarding officers' employment plans. Officers often show subtle signs, even before turning in letters of resignation. Transitional phases can make an employee reconsider his or her position within an agency. Orrick (2008) provides possible signs that an employee may be considering other employment opportunities: 15 v • Prolonged disappointment of being passed over for transfer or promotion • A close friend went to another job and is perceived as having better opportunities • Individuals reviewing personnel/training records to update their resume • Making inquires of human resources about early retirement or transfers of benefits The list below provides a set of actions in response to departing officers. 1. Meet privately with officer upon learning the officer is considering leaving 2. Ask officer to describe their new job 3. Reply candidly to any questions the officer might have 4. Inquire about potential challenges 5. Inquire about factors that caused the officer to look elsewhere or that lured him or her away 6. If aware of the problems of the other agency, inform the officer 7. Emphasize opportunities that are not available elsewhere 8. Remind the officer that he or she will always be a part of the agency 9. Check in on the officer within 3-6 weeks 10. Assure the officer that the agency would love to have the officer back, should the officer consider returning The following steps summarize the process for identifying attrition issues. 1. Determine factors that attract candidates to the agency 2. Identify causes of employee attrition 3. Identify factors that make employees stay 4. Identify traits in individuals who are more likely to fit and stay with the agency 5. Adjust the selection process according to this information in order to identify officers that will fit well in the agency 6. Develop officers 7. Mentor officers and help them direct their careers (succession planning) 8. Encourage officers individually 9. Provide a caring environment 10. Respond appropriately to departing officers CONCLUSION The Oro Valley Police Department already has a sound foundation for recruiting and retaining officers. With only two vacancies currently, OVPD has demonstrated that they already have in place efficient recruitment and retention processes. The goal of this report was to further identify alternatives that the OVPD could employee to make their processes better. Their willingness to participate in this effort and evaluate themselves to improve shows a strong commitment to providing police protection to the community. 16 References Chan, S. P. (2008, February 6). Seattle police hope to meet hiring goal. [Electronic version] Seattle Times, B. 3. City of Phoenix Police Officer Application. (n.d.). Retrieved May 6, 2008, from http://phoenix.gov/jobs/apps/62200_app.doc City Of Tempe Police Officer Application. (n.d.). Retrieved May 6, 2008, from http://vvvvw.tempe.gov/jobs/regular%20docs/Police%20Recruit%2oPacket.pdf Greenberg, R. M. (2006, August). Charleston, South Carolina. The Police Chief. Retrieved April 29, 2008, from http://policechiefmagazine.org How do I get started: Information provided by the police department. (2008). Retrieved May 6, 2008, from http://www.phoenix.gov/joinphxpd/get_started.html Join our team today. (2007). Pima County Sheriff's Department Web site. Retrieved May 6, 2008, from http://www.teampimasheriff.org Orrick, D. (2005, September). Police turnover. The Police Chief Retrieved April 29, 2008, from http://policechiefmagazine.org Orrick, D. (2008, February 2). IACP best practices guide—Recruitment, retention, and turnover in law enforcement. Retrieved April 29, 2008, from http://www.theiacp.org Orrick, D. (2008, March). Making Recruitment and Retention a Priority. Law and Order Magazine. Retrieved June 1, 2008 from http://www.hendonpub.com/resources/articlearchive/details.aspx?ID=205169 Woska, W. J. (2006, October). Police officer recruitment: A public sector crisis. The Police Chief Magazine, 73, (10). Retrieved April 29, 2008 from http://vvww.policechiefmagazine.org Yearwood, D. L. (2004, March). Analyzing Concerns among Police Administrators: Recruitment and Retention of Police Officers in North Carolina. The Police Chief Retrieved April 29, 2008, from http://policechiefmagazine.org 17 Table 5 Retention Strategies Compensation • Match or exceed market average • Sliding scale (salary/benefits) • Cost of living adjustments • Longevity • Advanced certifications 18 C I Police Department Recruitment and Retention August 27, 2008 • ' ; Town Manager Performance Goal .44(.;„.- , lop Goal: Recruit and Retain Police Officers — Review and evaluate existing policies and practices and explore new avenues to enhance and maintain the Town's ability to recruit and retain qualified police officers. ( PoliceDepartmentGoal k' The success of`the Ciro Valley Police' Department's recruitment/retention efforts impact every other function in the agency. OVPD will focus on recruiting and retaining qualified individuals who share common core values in order to exceed the challenges of providing public safety services to the Town of Oro Valley. 1 , Why was this process important? 67 The ransfer/foss o an officer means: -Loss of institutional knowledge -Loss of training time and dollars -Expenditure of time/money in recruiting a replacement -Requires others to cover the vacancy -Additional training time/money for a new officer I OVPD Growth Through History q 1975-3 Police Officers q 1985- 13 Police Officers q 1995-43 Police Officers 0 2005-87 Police Officers '2008 -102 Police Officers r Challenges to Recruiting/Retention o Competition Amon• Agencies o Generational Differences gPrivate Sector Employment 0 Recruitment Resources 2 ff--) Competition Among Agencies • Signing bonuses —Los Angeles $5,000 ($10,000 lateral) —Phoenix $2,000 —Bullhead City$2,000($5,000 retention bonus) —Lake Havasu$2,000($1.000 relocation bonus) —El Mirage $17,500(lateral) —Houston $7,000(lateral) —Dallas $10.000(countered Houston) Generational Differences f . 0 Millennial Generation "GENERATION Y" (1982-2003) —Communication driven by technology —Have never known a world without computers —Cooperative —Impacted by global unrest —Political scandals —Strong family values ;„j Private Sector Employment O Economy O Earning potential O Flexibility of schedule G) Safety and Health 3 Recruitment Resources 6) Advertising/Travel • Recruitment staff • Technological resources 41, 44. Strategies WHAT IS OVPD DOING? ;,; Competition Among Agencies y. x Current: 67 Competitive salaries and benefits 67 Allow officers to work off-duty O Superior training In Process: • Career Enhancement Program 4 Generational Differences Understanding it At 41111111.111.11111W :_. Current: - r 411.04.11110.0400111.10 0 Generational training for supervisors O Establish quality relationships O Change testing criteria while maintaining high standards O Recruiting workshops 6) Explorer Program and Teen Academies In Process. O Web-based media highlighting technology and safety equipment • Mentoring program O Career Enhancement Program Private Sector Employment Current : 6) Competitive salaries 6)Ability to work off-duty O Public safety retirement O Health and Safety In Process: O Create physical training and wellness programs Recruiting Resources Current O Recruiting Sergeant O Recruiting Officers — �----- O Internet (Dept. website, Town website, Monster.com, Careerbuilder.com) In Process: • Production company 5 0 ;§ Recruiter &Recruitment `` G) Highly motivated individuals with a passionate conviction for police work 6) Focuses on people How: 6)Job Fairs, Universities, Colleges, and Military 6) Recruiting Workshops 6) Develop an Employee Referral System Retention Strategy . K 011111001101111111111.11.110111111111 6) Quality relationships ; 6) Recognition 6) Promotion and personal growth 6)Community 6)Training C Succession planning oho 3:f Highlight the Employer Brand .'' °� 67 Focus on the Core Values 6) Philosophy 6) Leadership/Direction , 6) Identity 6 4 • (-1 Employer Brand: Reputation .1;Kt , • E—Excellence • R—Remain O V—Vigilant O I -Involve • C—Community • E—Enforce Atit IACP Recommended Strategies Appoint a Recruiter 6) Community Speaking • Launch Explorer Engagements Programs Develop Military Linkages O Poll Staff for Strategies 6) Develop Media O Add Employee Incentives Partnership • Form Citizen Academies Use the Internet co Career Fairs 0 Open House • Develop Connection to 0 Build Recruiting Skills Local Colleges and Universities FOCUS ON LEADERSHIP "People don't leave jobs, they leave management. 7 TOWN OF ORO VALLEY 2 Page 1 of 1 COUNCIL COMMUNICATION MEETING DATE: 08/27/08 TO: HONORABLE MAYOR AND COUNCIL FROM: Kathryn Cuvelier, Town Clerk SUBJECT: DISCUSSION OF ADMINISTRATIVE PROCEDURES AND POLICIES FOR TOWN BOARD AND COMMISSION TERM LIMITS AND APPOINTMENT DATES SUMMARY: During the 30, 2008 Council StudySession and the August 1 & 2 Council Retreat, discussion ensued Dur g July . regarding re-evaluatingterm limits and the appointment process for Board and Commission members. g g In addition,ddition an informal surveywas conducted of jurisdictions in Arizona to determine their Board and Commission member term limits. The results of that informal study are attached for Council discussion. With respect to the length of terms, members of the Board of Adjustment, Finance and Bond Committee, Development Review Board, Parks and Recreation Advisory Board, Planning & Zoning Commission and Storm Water Utility Commissiontwo-year serve two- ear terms. Members of the Historic Preservation Commission, Municipal Property Corporation, and Water UtilityCommission serve three-year terms. In addition, all Board and Commission members are limited to two terms of service per their adopted Rules and Procedures and the Oro Valley Town Code, with the exception of the Board of Adjustment which is allowed no more than three Zoning consecutive terms. The Oro ValleyCode Revised also states, contrary to the Oro Valley Town Code and the adopted Rules and Procedures that there are no term limits for Board of Adjustment members. A current list of Board and Commission members and their terms are attached. ATTACHMENTS: 1. Board and Commission Term Limits Survey results 2. Current Board and Commission members and terms for Town of Oro Valley 3. Town Code & Zoning Code - Excerpt regarding Board of Adjustment 4. Appendices C & D from the Town Council Parliamentary Rules & Procedures regarding Volunteer Appointment Process and Term Limits 1 Cc1LIL' C .Z.A.-u-ati,-; Katr. Cuvelier, Town Clerk David Andrews, Town Manager City/Town Term Limits Length of Terms of Calendar or Terms Bd/Comm FY or other Apache No 3 years Unlimited October Junction Avondale Yes 3 years 2 consecutive Calendar terms Benson No Unlimited Fiscal Bullhead City No 4 years Unlimited Monthly Ann. Date Camp Verde No 3 years Unlimited October Chino Valley No 2 - 4 yrs Unlimited depending upon Board Flagstaff Yes 3 years 2 full terms, Monthly Ann. plus a partial date term Florence No Unlimited Fountain Hills No 2 - 3 yrs Unlimited Calendar depending upon Board Goodyear No 3 years Unlimited Some October P & Z January Lake Havasu Yes 3 years 2 consecutive Fiscal (Depending terms (no upon Board) longer than 7 years total) Litchfield Park No 3 years Unlimited September Marana Yes 2 years 3 terms Monthly Ann. date Mesa Yes 3 years 2 consecutive Fiscal Oro Valley Yes 2 - 3 yrs 2 consecutive Fiscal depending upon terms Board Paradise Valley No 3 years Unlimited October Phoenix Yes (Depends 2, 3 or 5 years 2 consecutive Monthly Ann. upon Board) depending upon terms, some up date Board to 4 terms Prescott No 3 - 4 years Unlimited Monthly Ann. date Queen Creek No 3 years Unlimited August Scottsdale Yes 3 years 1 term Appointed as needed Sierra Vista Yes 2 years 3 consecutive Monthly Ann. date Tempe Yes 3 years 2 consecutive Calendar Wickenburg Yes 2 years 1 term-sit out 1 Year - Calendar . 3 Z C �j C U o > > > o o c c E 8 �. 8 15./ E E o 0 0 ° N > w. .� � E c ° c � E r OF4! $ v$C maaimni � � �� o 88 . o. E �NcE � m $ E � E m — f3 U E E Q m is m N 8�' �' ' `>° > ° E ° �' o c - o a - S °' Eo E7:: 0 co `° > o o m E E -- c °N L N E c> E L cv r c Q ° ° o ° ° o L'-''''. �' t .- a,0 3 ° m c C ,�°� 3 0 t E c m c co J O O O ` co C Y '" — m c_n N c w C O=D O in t� cD C 00 _ cQ > CO Q N U ° nd C m > g_ m D 3 m'-Y m °U C (Cp N m N ° C v� `° L m �, �, cv cLY O v n L c ,� N co c U E.6L c -e N = cv 0 E m E L° E cv c m a) o ° m t `�D C c n u°i °t E m ° m `° o o m °o cv c° = ° L o E E o f 2 ° -o-1_3.0E ."0 Y U. o O r` cv N N n Li � O 1 r O.- 0 cvM N W 2 O N N c90 N , N O S n , r , N ti N r O r 10 N r M . O OQ W Mores oa7 , a, U CO CD 0 (.0N N N 0 T2 v cox W 0 Q 0. r :_-_- --x- mc) p r 0 O O O �/ CO Nr g ,r,p r� oO O M O CO mc''' . r Q . , . . n CC q N Y Q OOD Q ti O 0 crD N Ocp 8 MO M 00►n N ►f)f�- 5 N O CD Cr) COO,ti r LO r'r V N, cD M N 0 r M O h-to N O M .- CO 0 M N N CO'Cr CD Cr) COcD r In(`')1�1O OM ►n M tl)O O O N r �'vj M 0� Lu 00 r-M O O CO M _ .,-W,,00 N O N N VOC00),,---0,O^ rc�Di CO r M M NO O O V I in T N I cOD N O O O ()c� c?c M' Q m I N c!)CO N o.--w N ow r 0 0 cD O M to , c� N t� Cr.) t�f� 1� t�ti 0�1.O CO 00 f�t� f�►n f�N rp �,ij LO O O V' 0 N 0) I� CO 0 0) N O N O M 0 N 0 0 0.-O O O O O N CCO N N 0)CD N N 1n N 1� N N O V O O O N N, N N t c to Q I , , , N Q Q Cl) N..,In,co0o N ,co,a) a)a)N v v Z N N N cc N N N N N N N au U O N co O N M 1� I� ti to ti in,!) O �`- to In N M M M tf)M M M M M M co a M M M M to M M�n M M M Q to M to M Cr),�Cr) M Cr) M M ti 11 ti ti n 1�1�f�1�f�f�t�i� I�1�1�1�f� 1� cc in ,n cc,n in t cc c j cc�f 11) ►1)cc t!) to to ►n to N cc U) in cc cc in if (I' ,n,n,r)to tf) ,o cc co co 00 op CO CO CO CO cow CO 00 CA CO CO CO OD CO CO CO CO co co map CO CO CO CO cA co aD O CO to co (n CO d0 CO 00�coaD 00 co 2c G `a o T To C] go 3 0 U m O & 8 o °) E. Z ca 0 1, m m a co a o ` 2 c c2a. o o p Q E c o # m c.,0"0 ccc 2 v 3 a) < a-'° m� cvX o O N0�=6 m U c �vcCm oa E-8, �6v spa * a) 3 EC- c co a) a Ci)6 >2 p >,m hi a) a m m m c o°' cv.°) “Q c �- c`a m o m a) u m m ca� E rn c E o ami co .�' a) 0 Q,4- cv ° o c' civ Q m o cl.— ? m o o,o v) E t a a E F4 ° c (n E a) N < .1),5).c-E2 -1 ,coo m m m v > t_ m m o € m rn L 'E. is U U m m o ca !o ca o m >.0 Q m.aT rnc�j oci) ocn ° c� E 8 • ►• U m O a Ua ipC� W -J CO cn U. cc a p WE. -ZZ �cn 3 Q nz o •Z • z =ZZZ ZwZ >0 Z OC zzzzZ w _ v. _ _ o > O O ►l)cD>> O >0 000 cD>ON >O W ON >W a°O M N O LI)cc o . V 0 O O r (D N N W O O t� pV O N In 0 O M CY)LO L M N CO LOLO0 �-0 M 0 .N- ',70,-- ,-- U) cD CO r r 0 ►f) N '- 0 N 0 O r O N•-'- V r O N M r M!f r r r-- ..--c--'N r r r 0 O N r N 0D N Q 0 N r N r M CD Q 1_ r r CO r r Cr,r' In e--r r r Q r t7 r r � r co �"'.r. r" U) O 1- 0 W CC iii 'cii ai 45 45 O E .... E E E c c c c c c c O w a) a) a) Lo CD ri2). 0 0 0 � cn .v)L _._._ m m a) m m m m m m m m U n O — ''— < ca E E E E J 'u 'v .v E E E E Q E E E E E E E E E .0 .0 F� :st-, cc c c c EEEE EEE EEEEEE•cv EE EE EmmE crEm m m Em Em z Em O m m m m m o 0 0 0 0 0 0 0 0.� 0 0 o m m m m m m L m m WO m _ < m 2222 I. 20 (...) 00 >0 00005000 2222220 22 22 25222 02222202 m O o CO OD O O O Z O r .- 00 00 o0000000000 rroo000 O r*'•- 0 0'-'O p 0'- —0-- 0-0 O CO0 0 0 ›.. ..__..0O O r 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O 0 0 0 0 0 m M M M M M M M Z O O O O Z o O OCr)f7 M M CO 000 i�ti tD CO CD Q 01 cp W r O O O N N O N M M M M M M_M M M c7 CO M M Cr) (D(D tD CO(D ' ' 1 . 1 < , w cD cD cD cD cD cD cD cD cD cD cD W �/ (D cD r cD cD CD W C ti 00 W cv ca CD CD ca cv co r�r�a�O000r� oo Opr�aOoor� or�r� O0 0� H 00000 >ooc�8000 alloQ I-- 0 0 0 0 0 0 01. �� 0000�000 < 0000000 .E- ,,,,, O000Oooa) mcvoo 2 r, r r r r iz -���i R. O r�r�r-, .,, i ti i► . ,,,,, Z N r`r`, ,, CT) 0 .-v N E tir-� m H- E 0 O Z o F- H U O w 2 0 Q r w w w v_i w c Z Ce a 5 O U . m W c 0 w P J a) a) Z o O O ° a o a c o U T W a Q Z O >' m J m m X >,o 5 Z c° ca U c � m m c � a Q v) Z c ... >.>.� Q cn o �� U O m m c E __DS,o LL v) m v, n) a�, :1, n) c cn =O a 0 E o,a) o c a. c a,a) c 0 a') a) c W E Y s < —ai m �, L ) 0. co 5 (U) N U =E . ro Z_ a)-- c m �'c b 0 Q w 3 O N o N a)Y ca U cv= E o p c ccv= cv O O U ~ v, O= o a) ° Y co L - ' 0Y - - -.o t - - — m v) a)— O '-- ?6' =Y m F- O > c �, -- -.62 cv J = m C W U o < Lm — �J Z mmE_' c' a) mW W -,mV om.cm W = ac)Zcj Z .,.. ��� Y 8 > v,mEt Z m�oE mu > ca,cv - — c E O a) Z ct a,_ g23-..,, ,,,a- c ] c E.c s Q c ,U, t Z i -m a) c a .o n c`o . c m D Y c o , e,. . "—(i Q O c00 a:, t. CO Y c0 J a m 0 O OU cw m o cU t U N U O 2-5< M ' O Q M co — °" m ' O S m m ' a O > O ? a) O L Z ma_ Y > m <w a i51-- ;acnccv 02,21-zec2 a3 -,U>a-m txUa-)0 a � m�cnoc� � Uo�- aocn-��> iE o >0 Em m oW om ° N �' E Ejorcam, c Ce g§ mo �y. RIR 5Em -a-, 8 43 E LE 0 c In E E Q oN E ° 8 ° mE _ > SP� E � JE8 ocYpm oic� mp O � p N � 1082 � > o ` ca o > EQ ° o:71° E-a- 2 t7 >- n ° ° 0 ° S E J v '� cn 0 mEm c�° E m m m U LE ° Oo ° c CD 12 ca L Y > as m WI CO.cD C 7 e 5 0 co (t) O L g 2 c ]-6 u_ co 4 4 N N N N W 2 O S C‘ to , ,T N U)(D�f tf)M rLOM` M 0 ti N J Cp r 1-1� 1, J M r,,t t,D>N N N ON N O co •-MM7 u) rr (q r 4 W M r�M Q) ti � i i i i � i � � ci) -cD U) O t!)QQ QQ M r4. M M �— M r- O M`,t M (D t`�t 0 0 M 00 o O h- C) o CD N N N O N Vt a)a)V 'r UD to (D , re 'W V Q a. NN ,N7 CO O X X X Y t`r co— r 000 f r O to 0 ul N O M D1 0 ,- r In p • ~ U) r O M O p N co O N 00.- O.- O O N N MM MM r 00 0)N O N N N NN NN M N Q)UD (D M �f N cD CO(D N 0) N N N N NN NN N M Cb M N•— (D•-00(n rt rV r-M M(D Q1 O V M M O (.D W ((�D t` M •- M V O�V N N c8D(_D_ !')(D cA(� '; co .-- ,1- .- f� UD CO 00 Q) (D V V O M M O N 00 N N 1�c 00 ti Q M Q� N O (�CO In In • N O (�Q) i i i i i i �f D>N V v-4 o ,O. f�Q)r. r- , to rT,o to N r�M V ct r� co T .- o O N o O Q)Q) N N o N r- c7 r- V- a) O a) a) .i. t N r t� �!) N r� N cD r�N N Q N oo u,ti N to r-r„up up to N , N NT ,,r r-, to ,N toV 1' T,c% N. ,,,, , , ,, N. , to , a. M M M M M Cr) to c')Tt U) M O M M to M M M M M M M ch M M C'') U) M N Ln t()U)U) t!)U) U) U)l!)U) U)U)U)U)U)In U) In U)U)U')U) to LOW U) U) U) U Gfl CD G9 of 00 CO 00 00 M U) 0o UO 00 UO W 00 co 00 00 UO W 0 00 MM 00 UO cD 00 Q) c`0 > m m a) a) m!D a) a) a) m t`o cL > -6 0 C Q)C 0)0 '0'C'C'C C .` C'C (a a) a) 0 x m o ` c '> C m o 0000 0 00 00 a .` .` E.Y °) g ,-,;.. a� a o c o a)0 CO c a) 7) co CO >m,to (n > E c O 0 c0 aa0 m C . m (n a, c9 cv (v 2 t0 (v c9 (D 2 Q W c C 0� v) 0 c c c c U c c c c m ° (� cm O c_CO►`- aal, o a U ' 0000 C U CO 0U a) a a O --670. °)(v E 3 („, 24...? o O m •- o m ca m m (a (v tv (a (v (� CO CO 0 0 U W W LL H a a) 0- O00 (!) J J J J V) -1J J J (00 U W X zz�z zz " z0� z oZzz z zzzzz zz zz ZZ z z 0 O O N > O Z W O Z>,,r0',/- V- O O O O v 0 0 0 0 0 (D 0 0 0 r- ,tv-o NUD CD-0 oUN co-- Otnr- ' 0000 00 00 N- N N V) aD N M r- r`O v r`UO M N UD U)UD N M Q N r Q O r CN O'V r r-Q r N r r r r r r r r r Q r (y r r r r.-- .-r N ‘-- r CO N.-r r r r .-- r r r .- r ,- 0 W 4 00 C G CW N w .c9 I— O J Cl) m W J m m m m m m m m m m m m m m m C m m m m m m m CD m m a m a m CD cpo )D m m m ° m m m CO m CD m D D D D .0 D .0 ,_ D.0 D ,D D D D A a) .0 D D.0 D.0 D D.0 .0 D.0 D D Z D D D D D D D D D D D D ~ EEEEE Q EEEE E E EEEEEEE a) m a) a) aa) m a) mL m m m m m m m s m m m Lmmmmaaammmmmmm amNam amaaa2 2 2 2 2 2 2F- 00)00 o m r r.-0 O o.-S o S r J •-_N O m p) Z r O r r r �oo- o0 o 000 C) 000000 U W v�M�M z cov TU> c O 25 t`n 0 0 M co co co co w c'')M M M M M Z m m 0 W a) W J O a 0 r (p j cD cD cD CB TS)cD C cD cD cD cD cD UD, C �- C r 0 N 76 ` d U d ct co u) . i i i G i ' O W .Q ' 'Q W O tD O LLJ — cio,,o 0 0o co co, E ,co 8 m S co U cr ao o acy2 Et a O a m �' `�- m 2 a 0 O000 ,.co o 000 oo�o�o g E �- Zr�� 0 ��� V) JQ�c'34� 1- Q W .N = o ° E a2 oo-) Oo 0 000 Uoozo20 a. Z - w Y 0 ....±-ch- o r:-.....(1',.(=z, Qr` r` Z ` `r r` � 0 U) 0 r D 0 Z H0OW .. ma U =F- 2 z) Q z e ii o 1: O 4 u E'* X N a. 2 ti Z D U rn.- m m .6 W 1- C 0 4 X 1`.J3 L c�V - m W U F- o o � 0 CL W m --Jo c45 cn W ~ >•in Z c cv a. Q c N- >. _caa °_) CL E o 0 W o >. Q 3 2 >; O > v°i 2 E ) oc C a� C 12 8 > m m s E U_ v)aa) ° o aa) J m 2 E a5 m -- c°o w w v)„v,- U .a m (ig 0. E -2 N ° ° c c m° C m E Y 3 t3 ° c°a o >. a - Q ° T g 7 °a F`- U 2 > a) E H W DQ 5c s E cv - a) c ° m m w Y W 2 D ° 1-- ce0 0 2- o L c U 0 " °)a N N > C°7 6' 12 —12 Q m o o f w m - (-° °o s < a� _ aQ'i 2 m EC cc a a'r Z W _ V.o c 0 „ m C �° c a)m° c c a c`v J __ c`v t�JQ co,. w-_� m c N O mL aQ F-= m m „) c� F- m.uZ ` a� m 0 LUU my, o L m . _ ,,>,-',,,cW Q U z .2 m m < H_ E ° a°)-Q >a Y.o 0 m•N C c"v — o i6 o TO m ca cc Q a)= E °o m a m c°a U O co m m m H- = = c C m t°v„ Z U) -`° ( a> > CC-5 a. 0w5> _ aa�>an> 0 CDJ6Y(nf- -,(na a. 0oa.CC U(n zaa0 U)am m a)003a>2 r ' P,il 8O> � mm O 6 p (> — o' (N0 a (N N 6i � N E IU� 2 iii O2 tin' O O N CO CO N N co Q) N Q) O CO N N N N N N N N N O N CD N NO 0 O o v o c7 �T c0 co $ g14 � U) Q � N 4 r. ' O N - N N r) ti N r` N N r, N 0) N N Q O) Q) N N N N N N N N N O (D N N N N N N N ti ti NEN , N N O N O .— C% N I% �t O O M DQ O N 0 N a) 00 to aO O) O N ch O N N N N O N N U) 9 0 9 N N to ,r (N) O cf O N ; tD O (D O O c�" •- 1N O (_Q to O N 0 0 N O co O CO CO N COA '-- O N , t— 0 r N 0 0 0 CO O U)N N 0 N- N 0 V) (0 � Lr) N A V r� 0 M r- 0 � CO( O r-- , 00 ,- , M N O O N O O U) ti r� C) O O O O O N N N N N N 0 N N N N N N N N N N N N N N N N N N r� N N N N N N N N N N N N N N N (, 00 O ccDD N Q) U N 00 N- V N 000 N N C7 O) r— NC) N O N c'y, N c) N N a) ,.. . , (,-- (,)N N N CI? Cf.) 9U) O cr.) N 00 , 9 (7 00 O 4 N O (h C? M N C7 'Nel N N CD CO LI, cn r- P) 4' r` t� (r, FL) r` c% N IDN N 0LO N N N- 0 LO U•) CO CO CO O m m aaa) T > > > > > > > am m WO W N (0 C_ ,7) N CO cU M (U N 03 cU (U cU N cU N (U (U p cU c O 2 civ m civ 2 civ m 2 V V 2 V V civ civ a c c c c c c c c c c c c c c c w m 0 U N (U N (U U (U cv cU (U U c0 N MU � 0U O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 J J J J J J J J J J J J J J J 0 J U g Z r Z z zzz z z z z z z z z z z z 0 Jo 0 0 0 0 0 0 0 0 0 0 0 oc§i o 0 0 0 0 0 0 0 0 0 0 0 O U 0 m m 0 0000000000000 Q r- H Z rt O 0 o Co 0 a) Q a ` o y o c w m a) 0 a' °c CO Co (.0 c a) n) > 2 �_ >- ccv W ° W a) a°i co a) N v c - in ~ F-- CT 2a °6 .» a3 E '— it o c v,� ° � C] �� o = a° � c O fW.. 0 3 0 a) m e c`v J o� Q o c cv (v 0 1— Q € (n o w v 6 2 c �, a) a3 v E >- . F_ o 5moQ ES . w _ a N m u)o D >- J Q .J ' O z > , O i- 0 ✓ zz Z F- 0 I Q C ctO Z 0 a E w c 0v 0co u_ z co Q � I c'a < r ct 0 ao rn _ I— c Z E a Z o Z c� u' t n) ° a v = a) Q o p- 5 .n) _di o v a) li'ai N cn c° Z > 0 ,' OU c�`v Z -' iz F— < , ? , 0 tm _, ° cr o cv 0 a) a) O Q a) a' O cv o < m c cv >,rxc > 0 cn co Q z Q . Q 6 a v a)_ s r n) c a.a) cca •c aci Q c 2 c 2 7> W aci % W o > 1‘3_ r ° (.0 ccu c`v c :a L ccv '' a') a) H 5 0- ° - ° CO c O to a U Y C.D (.) cn Q ho- a. o u) Y -� t a s • TOWN OF ORO VALLEY GOVERNMENT REVIEW TASK FORCE MEETING MINUTES OCTOBER 23, 2000 • The ninth Government Review Task Force meeting was called to order by Chairman Loomis at 4:34 p.m. • ATTENDANCE: • Chairman Paul Loomis • Kathi Cuvelier • Vice-Chairman Jim Kriegh • Dan Dudley (arrived at 5:09 p.m.) • Susan Baczkiewicz • Don Dvorak (excused at 5:00 p.m.) • Richard Feinberg • Larry Holden • Marilyn Cook (absent) • APPROVAL OF MINUTES. Don Dvorak motioned for approval of the October 9, 2000 Regular meeting minutes with a minor typographical correction. Seconded by Richard Feinberg. Motion carried 4-0. • APPOINTMENT TO BOARDS/COMMISSIONS. Chairman Loomis opened the discussion with an introduction of Council Member Dick Johnson, and explained that Council Member Werner Wolff and Vice-Mayor Fran LaSala will also present their opinions on the subject of appointments to Boards/Commissions. • • _ •_' -••-- ••e •. • - — -d his o•inions as follows: 1) REQUIREMENTS - there should be a reasonable residency requirement for anyone to serve on a Board/Commission, which may be 1 year. Also, it should be mandatory to have a member complete the Citizens Planning Institute prior to serving on the P/Z Commission or DRB. 2) REPRESENTATION - there should be a broad brush of representation including gender, expertise, and `geography' because deliberations require diversity for sound expert decisions. 3) DURATION - task forces or special advisory boards should have a limited existence in order to encourage a sense of urgency for the task at hand, and may be granted a continued term by the Council if necessary. 4) TERM - a term of office should be a 4-year, staggered term, unless the individual is not performing well. 5) CHAIRMAN - the Chairman should be selected from among the membership, and a `rotating' Chairman may not be a good idea since running a meeting effectively is an art form. 6) ROLE - the Board/Commission should have a well-defined function. F:\Susan\Govt Task Force\Minutes 102300 7) EVALUATION - an evaluation or review of a member's performance should be necessary and it should be the responsibility of the Chairman of the Board to inform the member at 3 months of any lacking areas of performance (prepared for meetings, knowledge of subject, etc). If such behavior is not corrected, the Council Liaison should inform the member that termination might be a consideration. Notification of a member's termination should be in writing and sent by mail. The Council Liaison should not be involved in the evaluation process since it is his role to only relay how the Board/Commission is functioning to the Council. 8) SELECTION — advertising for a position is appropriate and the selection committee should be made up of the Chairman of the Board, the affected Department Head, and a Board or staff member, along with an individual in/retired from the profession, and a representative from a similar Board/Commission from a surrounding municipality. The Council Liaison and Mayor should be excluded from the selection committee, and the selection should be made from a condensed list of interested parties to limit the number of interviews. 9) CONFLICTS - the appearance of a conflict of interest of an interested party may be noticed at the application/interview process, which would Y be a deciding factor in selection. • Cou _id Member Wol f�presented his opinions as follows: 1) REQUIREMENTS — there should be specific parameters in order to serve on a Board/Commission, such as a certain timeframe for residency which should clue the member in on the `flavor' of the Town. 2) SELECTION — the selection committee should include the Chairman of the Board, the affected Department Head, and 2 Council Members, however, the Council Members should not serve on the Board/ Commission. 3) TERMS — the term of office should be a 2-year term (maximum of 4 Years served), and an automatic extension may be considered after the first 2-year term provided the member's evaluations have been good. 4) EVALUATION — an evaluation of a member's performance should be conducted every 6 months by the Chairman of the Board, the Vice- Chairman, and the Council Liaison. The member should be informed at 6 months, and if any ill behavior has not been corrected then the Council Liaison should provide notice that a replacement will be sought. A citizen questionnaire to aid in evaluation of a member may not be fair due to the infrequent attendance of most citizens at such Board/Commission meetings, however, citizens are not prohibited from sending a letter to the Mayor to inform him of a member who may not be appropriate on a certain Board/Commission. F:\Susan\Govt Task Force\Minutes 102300 2 I • 2 TERM the term of office should be a 2-year term (maximum of 4 years served), and an automatic extension may be considered after the first 2-year term provided the member's evaluations have been good. 3) REQUIREMENTS — there should be a residency requirement for anyone to serve on a Board/Commission of 1+ years. Also, it should be mandatory to have a member complete the Citizens Planning Institute prior to serving on the P/Z Commission or DRB. • DISTRICTING • Chairman Loomis stated that the GTF should present a report to the Mayor and Council in the form of a Council Communication. It should include the PROs/CONs matrix and a description of the new laws concerning Districting, along with the recommendation that Districting should not be considered at this time but rather table the Districting concept for Oro Valley at a later date. A draft Council Communication shall be considered at the next regularly scheduled meeting, November 13, 2000, which would allow this action to be brought before the Council by December 6, 2000. • Chairman Loomis opened the discussion to Bill Adler, a member of the public in attendance, to present his opinion on the subject of districting of which is that because the Town residents show differences in opinions, then perhaps a distinction by geographical areas would be essential to have all of the varied interests heard. • COUNCIL MEMBERSHIP. • Chairman Loomis opened this item for discussion in reference to the type of report to be brought before Council, which should include the PROs/CONs matrix and a legislative history concerning the increase of Council Membership from five (5) to seven (7) members. Richard Feinberg thought that the GTF was a fair representation of the Town and was confident that the GTF could prepare a report for the Council to review before making a decision concerning increased Council membership. • Town Attorney Dan Dudley advised the GTF that the Town could not return to a 5-Member Council if the decision was made to go to a 7- Member Council and found that it was not suitable for the Town, because there is no process in place to allow the Town to return to a 5-Member Council once elected to a 7-Member Council. • NEW BUSINESS. The term of the GTF has been extended for six (6) months ending April 30, 2001. • NEXT MEETING. Chairman Loomis declared a Special Meeting for Monday,Y, . :: :-4, to discuss the Council Policies/Procedures in light of the format used bythe Cityof Goodyear. Our Y next regularly scheduled meeting will be Monday, November The upcoming agenda for the regular GTF meetingwill cover the .............. 9 following: F:\Susan\Govt Task Force\Minutes 102300 4 Article 3-5 PLANNING AND ZONI Page 2 of 2 meet with the board on a regular basis in order to offer advice and technical assistance but shall not vote. (95-78, Amended, 09/27/1995) 3-5-5 Board of Adjustment A. The Town of Oro Valley Board of Adjustment shall consist of five members. Members shall serve two year terms. Members must be Oro Valley residents. Members will be appointed to the Board of Adjustment by the Town Council as per the adopted policy for "Appointments to Boards, Commissions and Advisory Bodies of the Town." (01-22, Amended, 08/01/2001) Compile chapter 1.(fC�F�yryoFq,YCA�:l.,i"RA�R'R is .,`�,.'%F: "%k1�iFfSpvf6:' .._.._......_........ ._._......«..... ......... ._.........«............ .. _._....«... _._.......... ..... ...... .._.«....._........«..»........._......._.._..............«....»...._.... ....«........................««.....»......_........_...............».»_ TOG dtSearch 7.00(7008) �d.OM':.dWivM'1U!4R:CO:t:aeR:{'>. .WW'S4�:%Hi:Y1v)lkti.W:U<Y[NNFv:vtiWgYNdPA{.NAM�O>�. de ublishin .com/dtSearchIdtisapi6.dll?cmd=getdoc&DocId=25&Index=D%3a%5cP... 7/9/2008 http.//v��Nw.co p g CHAPTER 21 REVIEW AND DECISION-MAKING BODIES Page 5 of,9 Commission and Board actions. When functioning as Executive Secretary of the Planning and Zoning Commission or the Development Review Board before the Town Council, the Planning and Zoning Administrator shall represent the Planning and Zoning Commission and Development Review Board actions to the Town Council. The Planning and Zoning Administrator performs such other functions as may be necessary in the administration of the department or as provided by the Town Council and Town Manager. Section 21.5 Development Review Board A. Scope The Development Review Board is intended to promote harmonious, safe, attractive, and compatible development and is, therefore, considered to be in furtherance of health, safety, and general welfare. The Development Review Board shall recognize the interdependence of land values, aesthetics, and good site planning necessary to protect the distinctive character and natural resources of the Town of Oro Valley. B. Powers and Duties 1. The Development Review Board may review all aspects of a proposed development. 2. The Development Review Board shall review subdivision plats and development plans in accordance with Chapter 26, including site planning and the relationship of the development to the surrounding environment and the community. The Development Review Board shall review all proposed architecture, landscape plans, and grading plans. C. Transaction of Business 1. The Development Review Board shall conduct its business in accordance with applicable Town regulations and its rules and procedures as adopted by the Town Council. 2. The Administrator of the Planning and Zoning Department shall be the Executive Secretary of the Development Review Board. 3. The Development Review Board Chair, or his/her designee, has the right to appear before the Town Council on items of interest to the Development Review Board. D. Effect of Decisions All Development Review Board recommendations, final actions, and findings of decisions shall be transmitted to the Town Council regardless of vote. Section 21.6 Board of Adjustment A. Scope The Board of Adjustment shall hear and decide requests for variances and appeals of interpretations of this Code in accordance with A.R.S., Section 9-462.06. B. Powers and Duties 1. Interpretation The Board of Adjustment shall interpret this Code on appeal when: a. There is a dispute between the appellant and the Planning and Zoning Administrator or other Town Official as to a decision or interpretation as set forth in Section 21.6.F; or b. The location of a zoning district is in doubt. http://www.codepublishing.com/dtSearch/dtisapi6.dll?cmd=getdoc&DocId=37&Index=D%3a%5cP... 7/9/2008 CHAPTER 21 REVIEW AND DECISION-MAKING BODIES Page 6 of 9 2. Variances The Board of Adjustment may allow variances from the provisions of this Code in accordance with Section 21.6.1, Findings. C. Meetings, Administration of Oaths, and Compelling Attendance of Witnesses All meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. All meetings of the Board shall be open to the public. The Chairman, or in his absence, the acting Chairman, may administer oaths and compel the attendance of witnesses in accordance with the laws of the State of Arizona. D. Composition 1. Appointment The Board of Adjustment shall be composed of 5 members appointed by the Town Council. -- 2. Terms 7/ Appointments are for staggered terms of 2 years each with no limit on the number of terms. 3. Vacancies Vacancies shall be filled for the un-expired portion of that term within a reasonable time period as provided for by appointments of the Town Council. 4. Removal The Town Council has the authority to remove, by majority vote, any member for neglect of duty, inefficiency, or misconduct in office. E. Transaction of Business 1. TheAdjustment Board of shall conduct its business in accordance with the Arizona RevisedStatutes and applicable Town regulations and any rules and procedures as adopted by the Town Council. 2. The Town Clerk, or an appointed representative from the Town Clerk's office, shall serve as the Executive Secretaryof the Board of Adjustment and the minutes and records of all board e t and filed as public record in the files of the Town Clerk. proceedings will be p F. Appeals from Administrative Decisions Appeals maybe taken to the Board of Adjustment by persons aggrieved or by any officer, department, board, or bureau of the municipality affected by a decision of an administrative official, within 30 days, by filing with the officer from whom the appeal is taken, and with the Board of Adjustment, a notice of appeal specifyingthe grounds thereof. The officer from whom the appeal is taken shall forthwith transmitpapers all a ers constituting the record upon which the action appealed from was taken. Said appeal shall be filed on a form provided by the Town Clerk. 1. Ana appeal shall stayall proceedings in the matter appealed from unless the officer from whom the pp to the Board that, by reason of the fact stated in the certificate, the stay appeal is taken certifies would, in his opinion, cause imminent peril to life or property. In such case, proceedingsynot licati shall be stayed, except by restraining order granted by the Board or by a court of record on app on to the officer from whom the appeal is taken. The Board shall fix a reasonable time for and notice hearing the appeal and give notice thereof to the parties in interest and the public. 2. The concurringvote of a majority of the Board shall be necessary to reverse any order or decision of an administrative official, or to pass or to affect any variations from the terms and conditions of this ordinance. tSearch/dtisa i6.dll?cmd=getdoc&DocId=37&Index=D%3a%5cP... 7/9/2008 http://v�wvw.codepublishing.com/d p APPENDIX "C" APPOINTMENT PROCESS IN RELATION TO TERM LIMITS OF TOWN OF ORO VALLEY VOLUNTEERS TO BOARDS, COMMISSIONS, COMMITTEES, ADVISORY BOARD AND TASK FORCES In accordance with Oro Valley Town Code Section 2-4-8, the Mayor and Council may create any Town Board, Commission, Committee, or Task Force ("Board"), standing or special, as it deems necessary. Therefore, Appendix "B" was appended to the town Council Parliamentary Rules and Code of Conduct to clarify the appointment policy and Appendix "C" is appended to further clarify or delineate term limits for all current Board volunteers. In relation to "term limits," appointments shall be made for two-year terms, and a volunteer may continue service until reappointed or replaced, and no volunteer may serve more than two consecutive two-year terms (four consecutive years maximum). Once a volunteer has completed the maximum number of terms on a Board, the volunteer may not be eligible for appointment to that Board for a period of one year following completion of their current term. Scenario 1: If a current Board volunteer was initially appointed to a Board, and has already served on that Board for more than four consecutive years, the Board volunteer will have already served the maximum number of years on that Board. The volunteer's term limit will expire at the conclusion of their current appointed term. Scenario 2: If a current Board volunteer is serving a two-year term on a Board, the volunteer may apply for reappointment and may expect to serve another two years with that Board for up to four consecutive years. Scenario 3: If a current board volunteer was appointed to a Board to fill a vacancy, then the volunteer completes the term of that vacancy without penalty. If the Board volunteer chooses to apply for service to that Board, then the term limit of two consecutive two- year terms (four consecutive years maximum) does not include any time served while completing the term due to a vacancy. Adopted 11/20/02 29 F:\Council\Parl Rules&Procedures ENROLLED Office of the Oro Valley Town Attorney/GRTF 9.19.2001 I APPENDIX D CONSIDERATIONS FOR SERVICE ON TOWN OF ORO VALLEY BOARDS, COMMISSIONS, COMMITTEES AND OTHER VOLUNTEER PUBLIC BODIES Introduction: Members of Town boards, commissions, committees and other volunteer public bodies") are appointed by the Town Council. Council public bodies ("appointed p Members are the constituents of the members of the various appointed public bodies in that such members have been authorized to act as the agents of the Council for the limited pp purposes relating to each such appointed public body. With the exception of the members of the Board of Adjustment, these members serve at the pleasure of the Council. Board of Adjustment members are appointed for two-year terms, and may be removed by of duty, inefficiency, or misconduct in office." OVZCR 21.6.D. Council for"neglect y 1. The general purposeappointedpublic of the bodies is to serve the interests of the accordance with the overall direction established by the Council. It Town, as a whole, in is expected that appointed members will act consistently with this general principle. p Each appointee is also expected to act within the scope of his or her authority, and act consistently with the Town Codes, ordinances, resolutions, policies and procedures and state law includingspecifically the Open Meeting Law, Public applicable federal and p Records Law and the laws concerningconflicts of interest and financial disclosure. 2. Certain boards, commissions, committees and other volunteer public bodies primarily advise the Council concerning general matters of interest to the community at large. An example of typeappointedpublic of body is the Parks and Recreation Advisory Board. Other boards, commissions, committees and other volunteer public bodies regularly handle contested cases. A "contested case" is a matter or proceeding before a Town board, commission or boards, commissions, committees and other bodies in which legal interests, rights, duties or privileges of one or more volunteer public g specific parties are addressed bya decision or recommendation of that appointed public this is the Planningand Zoning Commission. In certain instances body. An example of . bodies arepart of the Town proceedings for the establishment or setting appointed public rates and fees. Appointees involved in contested cases or participating in rate or fee setting proceedings, in particular,articular, are expected to act in careful regard of their responsibilities and these guidelines. 3. It is expected that an appointee will avoid the appearance of partiality or unfairness as a decision-maker in anymatter before the public body of which he or she is an a member. Among the actions that mayassist appointee in avoiding the appearance of pp partiality or unfairness are: • Treating all public participants ants with the same degree of politeness and formality before and a duringmeeting, including breaks, to avoid the impression that some g participants may expect special treatment. • Not meeting witha party ora particular side concerning a"contested case" outside of the meeting public of the body to avoid the impression that certain privilege parties have special rivile e of s ecial access to promote their particular interests 30 F.\Cou ncil\Parl Rules&Procedures ENROLLED Office of the Oro Valley Town Attorney/GRTF 9.19.2001 • before the public body. Generally, public meetings are the proper venue for members of a public body to gather information upon which to base a decision. • Waiting until all the facts are presented to the appointed public body before passing public judgment as an individual member. The official record upon which a decision or recommendation may appropriately be based is the record of public proceedings, not simply one's personal back-ground knowledge. • An appointee removing himself or herself from any particular proceeding of the appointed public body relating to a matter in which the appearance of impartiality and fairness has been compromised by activities and/or public statements of the appointee. 4. It is expected that an appointee who disagrees with fellow public officials, decisions of the Town Council, Town administration, the decisions of his or her own public body or the decisions of other boards, commissions, committees and other volunteer public bodies will do so constructively, based on facts, consistent with applicable law, and avoiding personal attacks, misleading statements or unsupported accusations. 5. It is expected that an appointee will respect the proceedings of other appointed public bodies by: • Addressing members and staff during the meeting through the person who is chairing the meeting, avoiding the use of first names. • First identifying whether he or she is appearing as a private citizen or is appearing officially on behalf of the public body of which he or she is a member. • Avoiding lecturing members of a sister board, commission, committee or other volunteer public body on their responsibilities and authority as members of that public body. • Not disrupting the proceedings of another public body by approaching the dais or staff desk area while the public body is in session, unless invited to do so by the person chairing the meeting. • First raising any questions or concerns about the decisions orroceedin s of p g another public body with staff or the chairperson. 6. It is expected that an appointee will be considerate of the fact that the elected Council Members are ultimately responsible for setting Town policy and directing its implementation. An appointee may be opposed to a course of action or decision by Council, or implementation of the same, and still continue to serve as a member of his or her public body. In the event, however, that an appointee wishes to actively and publicly oppose a course of action or decision by Council, or the implementation of the same, then it is expected that the appointee will resign rather than act in public opposition to the administration he or she has been appointed to serve. Adopted by(R)05-119, 12-7-05. 31 F:\Council\Parl Rules&Procedures ENROLLED Office of the Oro Valley Town Attorney/GRTF 9.19.2001 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: August 27, 2008 TO: HONORABLE MAYOR & COUNCIL FROM: Sarah S. More, Planning and Zoning Director SUBJECT: Study Session—Community Benefit Agreements EXECUTIVE SUMMARY: Bill Adler, Planning and Zoning Commissioner and active local resident on community issues, has offered to present information and discuss Community Benefit Agreements (CBAs) with the Town Council. Planning and Zoning staff as well as the Town Attorney will also be present for the discussion. BACKGROUND INFORMATION: CBAs are binding agreements entered into between developers and community organizations, or neighborhood groups, that provide specific community benefits to be provided by the developer in exchange for the community organization or neighborhood group expressing support for(or refraining from opposing) the developer's proposed project. While these agreements are separate contracts that do not directly involve the municipality considering the development, they may beincorporated in development agreements between the developer and the municipality, where such agreements are permissible (such as in Arizona--see A.R.S. section 9-500.11). Such incorporation would allow the municipality, as well as the neighborhood organization, to enforce the CBA against the developer. CBAs have been traditionally used in major redevelopment projects involving significant public subsidies in large cities, such as the development of the Staples Center area in Los Angeles or Yankee Stadium in New York. In addition, CBAs have been tools to achieve community goals such as affordable housing,job creation for minority communities, open space, public amenities, and social welfare purposes such as day care centers. However, aspects of CBAs could also be appropriate for smaller scale residential or commercial developments as are more typical in Oro Valley. Some items that could be negotiated between neighborhood groups and developers in such cases could be items such as hours of operation, security provisions, on- and off-site amenities, and types of businesses allowed within the development. The key to the effective use of CBAs in this context will be obtaining benefits for the neighborhood or organization that would not otherwise be attainable through the normal rezoning process. While there are no reported court decisions involving the validity or enforceability of CBAs, I believe that an argument could be made that they are valid and enforceable, within certain limitations. First, there has to be real consideration on both sides of a contract. While it is clear that the developer is giving something tangible and of value, the question arises whether the agreement by the organization simply not to oppose the project is legally sufficient consideration. I believe a court would have no trouble finding that it is. Giving up something that a person or entity has the right to do has been held to be sufficient consideration for a contract. Here, the group is giving up its ability to oppose the project. Second, and this is especially a concern where the CBA is incorporated in a development agreement with the municipality, the CBA must not be viewed to be exacting more from the developer than could normally be expected during the rezoning process. Traditionally, this means that what the developer is giving up must be related to the burdens that the land use is placing upon the community. I believe that as long as the subject of the CBA relates to the provision of neighborhood amenities TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 or the operation of the development itself, it should be defensible. Subject to the limitations stated above, CBAs could have a place in the approval process for land developments involving General Plan Amendments or rezoning cases in the Town. Finally, it is important to note, a CBA will not work if incorporated as part of a development agreement. That isg is, in the case of property that hard zoned or otherwise entitled to an administrative approval of thero osed land p p use, such as plats and development plans. In such a case, the CBA would likely be viewed as an impermissible attempt to hold up an approval to which the developer is legally entitled. Developers and neighbors are free to make such agreements outside the context of Town approval. ADDITIONAL INFORMATION: Staff is currently working on development review process revisions that we hope will achieve some of the elements of a CBA. We are reviewing the development review process of other communities and analyzing our y g own process for improvements. One element of the proposal will be to require neighborhood prior s to submittal, rather than after. During this presubmittal phase, the intent would be for the developer and the neighborhood to work out agreements on conditions, whether in the form of a CBA or not. The development review process amendments will be initiated at the Planning and Zoning Commission in October, after which a task force will be established to review the changes. Initial community review has occurred through a forum that included HOA representatives, developers and consultants. There was a strong consensus of opinion that the Town should move forward on these changes. • Pl nni g and Zoning Director I JA Town Manager F:1OV\CCC BAsTCss082708