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AGENDA Oro Valley Town Council Retreat Saturday, October 1, 2005 10:00 a.m.-5:00 p.m. Council Chambers Working Catered Lunch at 12:00 p.m. Note: No final Council action will be taken at this meeting. Direction may be given to staff for matters to be brought back to Council for formal consideration and possible action. CALL TO ORDER: at or after 10:00 a.m. Welcome and discussion of accomplishments from 2004 Council Retreat to the present. II. Mayor and Council: Discussion regarding Council operational policies andp rocedures, roles and responsibilities of Mayor and Council Members, and communications by and to Council. III. Boards & Commissions/Council Liaisons: Discussion of Board and Commission operations and procedures, member selection and service, Council Members serving as liaisons to Boards and Commissions. IV. Meetings: Discussion of various scheduling and procedural issues including study sessions, public input at meetings, meeting time and scheduling considerations, and meeting preparation. V. Public Relations: Discussion of the role and functioning of the Governmental and Community Relations Administrator; public communication and public relations efforts. VI. Annexations: Discussion of pre-annexation agreements and the annexation process; Town annexation procedures; economic development agreements. VII. p - Wrapu /Adjournment: Discussion of priorities for next year, Council goals and direction. 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'1:.....": ' —41.,,,,:.,,,,,,,,,,,,.__,„:::,;-,_„:::".'1-::::,.i.,:-,,i.,,ii, 1:-..._:;-...__--_-_-',,,7.-.,---.' - _. _,, - ': ..,,,,-.3i,,,-;.,,..,„„;.---* - fir. s • ; . _ -•--_,, ....--,-3,_,-„,„?. ,.,.„,..t,k,.. . . , . . . . 4;s� F � ,:_ —:-...' ,.•-.4.,-'1'.7.-_,,,,,,---,;:',-:-..-.-: ---::•;.-.,,,,,_-: '.'- . •- ..--,,, • a ACCOMPLISHMENTS FROM COUNCIL RETREAT 2004 TO PRESENT General Plan ADOPTED: Oro Valley General Plan Update 2020 (June 15, 2005) ➢ ADOPTED: General Plan Election Date (11/8!05) (July 20, 2005) ➢ AUTHORIZED: Town Clerk to conduct General Plan elections Economic Development/Financial Stability ➢ APPROVED: Oracle Crossings (Oracle & Magee) ➢ APPROVED: Mercado del Rio (Pusch View Lane) ➢ APPROVED: Splendido (Rancho Vistoso) Annexations • COMPLETED: Big Horn Commerce (Area I) (Effective: December 27, 2004) ➢ COMPLETED: La Cholla Air Park (Area J) (Effective: August 5, 2005) New Department Heads � ➢ HIRED TOWN ATTORNEY: Melinda Garrahan officially started with the Town of Oro Valley on April 25, 2005. ➢ HIRED WATER UTILITY DIRECTOR: Philip Saletta officially started with the Town of Oro Valley on May 13, 2005. ➢ HIRED TOWN ENGINEER: Craig Civalier was promoted to Town Engineer on September 15, 2005. Naranja Town Site Funding ➢ COMPLETED: Naranja Town Site Funding Strategy Report (July 2005) Oro Valley Public Library ➢ Expansion started May 9, 2005 W • Street Projects • COMPLETED: Rancho Feliz Pavement Rehabilitation (August 2004) ➢ COMPLETED: Lambert Lane Safety Improvements (August 2004) COMPLETED: Lomas de Oro Subdivision Improvements (December 2004) � COMPLETED: La Canada Drive Extension —Tangerine to Moore Rd (May 2005) • COMPLETED: La Canada Drive Widening — Lambert to Calle Concordia (May 2005) ✓ COMPLETED: Lambert Lane Guard Rail Improvement (June 2005) ➢ COMPLETED: Rancho Vistoso Blvd Sidewalks (July 2005) ➢ COMPLETED: Shannon Road (August 2005) ➢ COMPLETED: Rancho Vistoso Slurry Seals (August 2005) 0 MAYORCOUNCIL . & . :, . , ., . ., ., ,,,, ,,,..i.„..0,4 ,„ ,:.,...,/, , ,.. .., ,...„„ ,,,,„....;,,,....„,,,. ...,..,, , ...,. ..,.i.,,A:c.,,,,,_____,,, ,,,,,,,,,,,,I,..„.,.. , ,. . ..., , ,,._.,...„., „......„,.. ,„v„....,,,,,,...„..„, „.1,-,,,, -'..---....,;,:,::,,, ,egt-;71,-,,,,,:i-,,,h.---,,./._,=,- - x - -,..--,I3 ...„...„.. ,,,, , ,. . f ,.. -.! , , , ,.,,--,-,. ,4, f: ''',.:',.._' .:": ' ' ', ,, , : '..,-..?,..if-.-..,-;:.4: ' :-..;,--" • / ., _ ; : '-. ' •-* ** '. _ . ,,11,-Y,' - .. ,„ . -14fr. -,1-3 _.:.2". ...,.- (.4 .,. ,,- .,.. , ,..'• -= ,• ....,, , 4., low.r., ---, .,-.A ''''' --,-47;?,•;;;;,1 ',,,,-,, - ::---' : . - -, ..- 7-fi t'' ‘f g., ....:, ;., -.._..,- ..,.. ._*..„ ,._ , .... . 4. . ' ii44 _ .,,,,-, , littire a Methodology of Council operation specific to roles of Mayor and Council ("We need to work together") (Submittediby Council Member Parish) Oro Valley Town Code Chapter 2 MAYOR AND COUNCIL Articles: 2-1 COUNCIL 2-2 RESERVED 2-3 COUNCIL ELECTION 2-4 COUNCIL PROCEDURE 2-5 ORDINANCES,RESOLUTIONS AND CONTRACTS Lie 1110 Page 1 of 13 Oro Valley Town Code Article 2-1 COUNCIL Sections: 2-1-1 Elected Officers 2-1-2 Eligibility 2-1-3 Office of Mayor 2-1-4 Office of Vice-Mayor 2-1-5 Mayor Pro Tempore 2-1-6 Vacancy 2-1-7 Compensation 2-1-8 Financial Disclosure Section 2-1-1 Elected Officers A. Pursuant to ARS Section 9-231, the elected officers or common council of the Town shall consist of seven Council Members including the directly elected Mayor as provided for in Section 2-1-3. The Mayor and Council Members shall constitute the Oro Valley Town Council and shall B. y continue in office until their successors are duly elected and sworn-in. All Council Members shall serve four year overlapping terms. C. Public Officers. The Mayor and Council are Public Officers as defined in ARS 38-502. Dp Corporate Powers. The corporate powers of the Town shall be vested in the Council and shall be exercised onlyas directed or authorized by law. All powers of the Council shall be exercised by ordinance,resolution, order, or motion. Lei E. Oath of Office. Immediately prior to assumption of the duties of office, each Council Member shall, in public, take and subscribe to the Oath of Office. Assumption of Duties. Council Members shall assume the duties of office at the regularly F. p scheduled Council meetingnext following the date of the General Election at which, or effective as of the date which, the Council Members were elected. G. Bond. Every Council Member shall have executed an official bond on their behalf paid by the Town, which shall be conditioned on the due and faithful performance of the Council Member's official who maybe injured or eyed by the duties, and payable for the benefit of the Town or any person aggrieved wrongful act or default of such officer in their official capacity. A person so injured or aggrieved may bring suit on such bond under provisions identical to those contained in ARS 3 8-260. ((0)03-28,Amended,09/17/2003;01-22,Amended,09/19/2001) Section 2-1-2 Eligibility Pursuant to ARS 9-232 and 38-201, no person shall be eligible to any of the offices provided in this Article exceptperson of the age of not less than eighteen (18) years, who shall have been a qualified elector residing within the Town at the time of the election, and p a has resided in the Town for one (1)year next preceding the election. (01-22,Amended,09/19/2001) Section 2-1-3 Office of Mayor A. Election. Beginning with the election to be held at the primary election in 1998,the Mayor of g g the Town of Oro Valleyshall be directly elected by the qualified electors of the Town. The term of ftrol office of the Mayor shall be four(4)years or until a successor is elected and sworn-in. provision, except B. Qualification and Tenure. Pursuant to ARS 38-296,the "resign-to-run" t p Page 2 of 13 Oro Valley Town Code year of the term beingserved,no incumbent Council Member may offer their nomination during the final for the office of Mayor. Once an incumbent formally resigns from their duty elected office,the office is declared vacant. person Anydesiringto become a candidate for office shall file nomination papers pursuant to ARS 16-311(a)in order to declare candidacy for that office. C. Powers and Duties. The powers and duties of the Mayor shall include the following: 1. The Mayor shall be the Chief Executive Officer of the Town. 2y The Mayor shall be the Chairperson of the Council and preside over its meetings. The Mayor maymake and second motions and shall have a voice and vote in all its proceedings. 3. The Mayor shall enforce the provisions of this Code. 4. The Mayor shall execute and authenticate by his/her signature such instruments as the Council or any statutes, ordinances, or this Code shall require. 5. The Mayor shall make such recommendations and suggestions to the Council as is considered proper. 6. The Mayor may,by proclamation, declare a local emergency to exist due to fire, conflagration, earthquake,flood, earth uake, explosion, war,bombing, or any other natural or man-made calamity or disaster or in the event of threat or occurrence of riot,rout, or affray or other acts of civil disobedience whichendanger life or property within the Town. After such declaration of such emergency,the Mayor shall govern by proclamation and impose all necessary regulations to preserve the peace and order of the Town, including but not limited to: a. Imposition of a curfew in all or any portion of the Town. b. Ordering the closing of any business. c. Closing to public access any public building, street, or other public place. d. Calling upon on regular or auxiliary law enforcement agencies and organizations within or without the political subdivision for assistance. 7. Mayor perform shall such other duties required by state statute and this Code as well as 4111iw' those duties required as Chief Executive Officer of the Town. D. Leave of Office. The Mayor shall not leave the office of Mayor, ceasing to discharge the duties of Mayor, fora greater period than fifteen(15) days without the consent of the Council. E. Failure to Sign Documents. If the Mayor refuses or fails to sign any ordinance,resolution, contract,warrant, demand, or other document or instrument requiring his signature for five days consecutively,then three (3)members oy,f the Council may, at any regular or special meeting, authorize ct the Vice-Mayor or,in his absence a Mayor Pro Tempore,to sign such ordinance,resolution, contract, warrant, demand, or other document or instrument which when so signed shall have the same force and effect as if signed by the Mayor. (01-22,Amended,09/19/2001) Section 2-1-4 Office of Vice-Mayor A. Election. At the first regular meeting in January of each calendar year,the Town Council shall elect one of its members as Vice-Mayor by a majority vote. Those Council Members eligible each January are only those whose terms will not expire in June of that calendar year. B. Term. The Vice-Mayor shall serve at the pleasure of the Council for a term of one (1)years or until a successor is elected. C. Duties. The Vice-Mayor shall be appointed to perform the duties of the Mayor during his absence,pursuant to ARS 9-236. The Vice-Mayor's compensation in this instance shall be increased to match that of the compensation of the Mayor. In the event of a vacancy in the office of Mayor, the Vice- Y Ma or shall succeed to the office of Mayor until the end of the term to which the Vice-Mayor was elected or the end of the term to which the Mayor was elected,whichever comes first, and then a new Vice-Mayor shall be elected. (03-06,Amended,02/19/2003;01-22A,Amended,09/19/2001;01-22,Amended,09/19/2001) 11111 Page 3 of 13 Oro Valley Town Code Section 2-1-5 Mayor Pro Tempore In the absence of both the Mayor and the Vice-Mayor, the Council may designate another of its members to serve as Mayor Pro Tempore who shall have all the powers, duties, and responsibilities of the Mayor during such absence. (01-22,Amended,09/19/2001;(0)99-53,Amended,07/01/2000) Section 2-1-6 Vacancy A. Vacancy Defined. An office shall be deemed or considered vacant as provided for in ARS 38- 291. For theP �u oses of the Article governing the Mayor,Vice-Mayor, and Council Members,the words, terms, and phrases defined in this Article hereunder,but not limited to, shall have the meanings respectively assigned to them,unless a different meaning is plainly required by the context. B. Office of Mayor. In the event of a vacancy in the office of the Mayor,the Vice-Mayor shall succeed to the office of Mayor. Any successor to the office shall become Mayor-in-Fact and entitled to all of the emoluments, powers, and duties of Mayor upon taking the oath of office. A special election shall not be held to elect a new Mayor,but the Vice-Mayor shall act in the Mayor's stead until the end of the term for which the Mayor was elected or the end of the term to which the Vice- Mayor was elected, whichever comes first. If a vacancy is created in the office of Mayor due to the expiration of the Vice-Mayor's term,the Council shall elect a Vice-Mayor for the remainder of the original Mayor's term from among the Council. C. Office of Vice-Mayor. In the event a vacancy is created in the office of Vice-Mayor,the Council shall elect one of its remaining members to fill the vacancy in accordance with this Article. D. Office of Council Member. In the event of a vacancy created in the office of Council Member, the Council shall fill such vacancy,by appointment, for the unexpired term of that vacancy. The individual appointed by the Council to fill a vacancy among the membership of the Council pursuant to ARS 9-235,must also meet the qualifications of ARS 9-232(A). (01-22,Amended,09/19/2001) Section 2-1-7 Compensation The compensation of elective officers of the Town shall be fixed from time to time by resolution of the Council. (01-22,Amended,09/19/2001) Section 2-1-8 Financial Disclosure The Mayor and each Council Member shall file by January 31 of each year, on a form prescribed by the Clerk, a financial disclosure statement setting forth such information as determined by resolution of the Council. (01-22,Amended,09/19/2001) Page 4 of 13 Oro Valley Town Code Article 2-2 RESERVED Page 5 of 13 Oro Valley Town Code Article 2-3 COUNCIL ELECTION Sections: 2-3-1 Primary Election 2-3-2 Non-Partisan Ballot 2-3-3 General Election Nomination 2-3-4 Election to Office 2-3-5 Candidate Financial Disclosure 2-3-6 Initiative and Referendum Section 2-3-1 Primary Election Any candidate who shall receive at the primary election a majority of all the votes cast for the entire election, and not just for any particular office, shall be declared to be elected to the office for which he is a candidate effective as of the date of the general election, and no further election shall be held as to said candidate. If more candidates receive a majority than there are offices to be filled then those equal in number to the offices to be filled receiving the highest number of votes shall be declared elected. (98-44,Amended, 10/07/1998) Section 2-3-2 Non-Partisan Ballot Elections shall be non-partisan and nothing on the ballot in any election shall be indicative of the support of a candidate. Section 2-3-3 General Election Nomination The general election shall be held on the third Tuesday in May. If at any primary election held as above provided there be any office for which no candidate is elected, then as to such office, the primary election shall be considered to be a primary election for nomination of candidates for such office, and the general municipal election shall be held to vote for candidates to fill such office. Candidates to be placed on the ballot at the general municipal election shall be those not elected at the primary election and shall be equal in number to twice the number to be elected to any given office or less than that number if there be less than that number named on the primary election ballot. The persons who receive the highest number of votes for the respective offices at first election shall be the candidates at such second election, even if there were only two names on the primary ballot. Provided that if there be any person who, under theP rovisions of this article, would have been entitled to become a candidate for any office except for the fact that some other candidate received an equal number of votes therefor, then all such persons receiving an equal number of votes shall likewise become candidates for such office at the general election. (98-44,Amended, 10/07/1998) Section 2-3-4 Election to Office Unless stated elsewhere, the candidates equal in number to the persons to be elected who receive the highest number of votes at the general election shall be declared elected. (98-44,Amended, 10/07/1998) Lie` Page 6 of 13 Oro Valley Town Code Section 2-3-5 Candidate Financial Disclosure Each candidate for the office of council member shall file a financial disclosure statement on a form prescribed by the clerk when such candidate files a nomination paper. The statement shall contain such information as required by resolution of the council. Section 2-3-6 Initiative and Referendum A. Power Reserved; Time of Election There is reserved to the qualified electors of the town the power of the initiative and the referendum as prescribed by the state constitution. Any initiative or referendum matter may be voted on at the next ensuing primary or general election, or at a special election called by the council. B. Number of Signatures 1. The total number of registered voters qualified to vote at the last municipal election, whether regular or special, immediately preceding the date upon which any initiative petition is filed shall be the basis upon which the number of qualified electors of the town required to file an initiative petition shall be computed. 2. The basis upon which the number of qualified electors of the town required to file a referendum petition shall be as determined by state law. C. Time of Filing 1. Initiative petitions shall be filed at least one hundred twenty days prior to the election at which they are to be voted upon. 2. Referendum petitions shall be filed within thirty days of the adoption of the ordinance or resolution to be referred. If the town clerk is unable to provide petitioners with a copy of the ordinance or resolution at the time of application for an official number or on the same business day of the application, the thirty date period shall be calculated from the date such ordinance or resolution is available. D. Sample Ballots and Publicity Pamphlets The following procedures relating to sample ballots and publicity pamphlets are hereby adopted for conducting elections at which an initiative or referendum is to be voted upon: 1. A publicity pamphlet, containing the entire text of the official ballot, shall be mailed by the town clerk to each household within the town in which a registered voter resides,not less than ten days prior to the election to which the sample ballot pertains. 2. The pamphlet shall contain the proposition as it will appear on the ballot together with a summary of each proposition. Each summary shall be followed by any arguments supporting the proposition followed by any arguments opposing the proposition. 3. Arguments supporting and opposing propositions appearing on the ballot shall be filed with the office of the town clerk by 5:00 p.m. not less than sixty days prior to the election at which the Page 7 of 13 Oro Valley Town Code propositions are to be voted upon. Arguments supporting or opposing propositions appearing on the (iv ballot shall meet the following requirements: a. Arguments must relate to the propositions proposed by initiative or referred by referendum which will appear on the ballot. b. Arguments must identify the proposition to which they refer and indicate whether the argument is in support of or opposition to the proposition. c. Arguments may not exceed three hundred words in length. d. Arguments must be signed by the person submitting them. Arguments sponsored by an organization shall be signed on behalf of the organization by two executive officers of the organization authorized to take such action. All persons signing documents shall indicate their residence or post office address and give a telephone number. e. No person or organization shall submit more than one argument for each proposition to be voted upon. f. Each argument shall be accompanied by a deposit in the amount of$250.00 to offset a portion of the proportionate costs of the paper and printing of the argument. This requirement shall not be waived on any account. (95-73,Amended,09/06/1995) Page 8 of 13 Oro Valley Town Code Article 2-4 COUNCIL PROCEDURE Sections: 2-4-1 Regular Meetings 2-4-2 Special Meetings 2-4-3 Meetings to Be Public 2-4-4 Quorum 2-4-5 Agenda 2-4-6 Consent Agenda 2-4-7 Order of Business; Proceedings of the Council 2-4-8 Committees and Commissions 2-4-9 Voting 2-4-10 Suspension of Rules Section 2-4-1 Regular Meetings The council shall hold regular meetings on the first and third Wednesday of each month at seven p.m. When deemed appropriate any regular meeting date of the council may be changed by the mayor or by a majority of the council except that at least one regular meeting a month must be held and that such notice of the rescheduled meeting shall be given to the public as is reasonable and practicable under the circumstances. All regular meetings shall be held at the town hall or at such place as may be prescribed by the mayor. Section 2-4-2 Special Meetings The Mayor or any two (2) Council Members may convene the Council for the purpose of holding a Special Meeting any time after giving at least 24 hours notice of such meeting. All notices pertaining to Special Meetings shall include the date,place, hours, and purpose of such Special Meeting in accordance with State law. In the case of an actual emergency, any Council Member may convene the council upon such notice as is appropriate to the circumstances in accordance with State law. (01-24,Amended, 10/17/2001;92-15,Amended,08/19/1992) Section 2-4-3 Meetings to Be Public All proceedings of the council shall be open to the public, except that upon approval by a majority vote of the council, the council may meet in a closed executive session pursuant to the provisions of state law.Notice of meetings shall be given in a manner consistent with state statutes. Section 2-4-4 Quorum A majority of the council shall constitute a quorum for transacting business, but a lesser number may adjourn from time to time and compel the attendance of absent members. Section 2-4-5 Agenda Prior to each council meeting, or on or before a time fixed by the council for preparation and distribution of an agenda, whichever is earlier, the clerk shall collect all written reports, communications, Page 9 of 13 Oro Valley Town Code ordinances, resolutions, contracts and other documents to be submitted to the council,prepare an agenda according to the order of business and furnish each council member, the mayor and the attorney with a copy of the agenda and any material pertinent thereto. Section 2-4-6 Consent Agenda A. When any item of business requires action by the council, but is of a routine and noncontroversial nature, such item may be presented at a regular meeting of the council as part of a consent agenda. B. The consent agenda shall be introduced by a motion "To approve the Consent Agenda," and shall be considered by the council as a single item. C. There shall be no debate or discussion by any member of the council regarding any item on the consent agenda, beyond asking questions for simple clarification. D. All items on the consent agenda which require public hearings shall be open for hearing simultaneously, and the mayor shall announce, or direct the town clerk to announce, the titles of all such items. E. Upon objection by any member of the council to inclusion of any item on the consent agenda, that item shall be removed from the consent agenda forthwith. Such objections may be recorded at any time prior to the taking of a vote on the motion to approve the consent agenda. All such items shall be considered individually, in the order in which they were objected to, immediately following consideration of the consent agenda. F. Approval of the motion to approve the consent agenda shall be fully equivalent to approval, adoption or enactment of each motion, resolution, ordinance or other item of business thereon, exactly as if each had been acted upon individually. Section 2-4-7 Order of Business; Proceedings of the Council A. The business of the council shall be taken up for consideration and disposition in an order set forth by the council. B. The mayor shall preserve order and decorum, decide all questions of order and conduct the proceedings of the meetings in an orderly manner. The mayor may proceed in accordance with the parliamentary rules contained in Robert's Rules of Order. Section 2-4-8 Committees and Commissions The council may create such committees and commissions, standing or special, as it deems necessary. They shall consist of as many members and shall perform such duties as the council may require and shall exist at the pleasure of the council. Section 2-4-9 Voting A. The mayor shall vote as a member of the council. B. Upon the request of any member, the ayes and nays upon any question shall be taken and entered in the minutes. Section 2-4-10 Suspension of Rules Page 10 of 13 Oro Valley Town Code Any of the provisions of this article may be temporarily suspended in connection with any matter under consideration by a recorded vote of three-fourths of the members present, except that this section shall not be construed to permit any action that is contrary to state statutes. Page 11 of 13 Oro Valley Town Code Article 2-5 ORDINANCES, RESOLUTIONS AND CONTRACTS Sections: 2-5-1 Prior Approval 2-5-2 Introduction 2-5-3 Public Hearing Required 2-5-4 Reading Required 2-5-5 Requirements for an Ordinance 2-5-6 Effective Date of Ordinances 2-5-7 Signatures Required 2-5-8 Publishing Required 2-5-9 Posting Required Section 2-5-1 Prior Approval All ordinances, resolutions and contract documents shall, before presentation to the council, have been reviewed as to form by the attorney and shall, when there are substantive matters of administration involved, be referred to the person who is charged with the administration of the matters. Such person shall have an opportunity to present his comments, suggestions and objections, if any, prior to the passage of the ordinance,resolution or acceptance of the contract. Section 2-5-2 Introduction Ordinances, resolutions and other matters or subjects requiring action by the council shall be introduced and sponsored by a member of the council, except that the attorney, the manager or the clerk may present ordinances, resolutions and other matters or subjects to the council, and any member of the council may assume sponsorship thereof by moving that such ordinance, resolution, matter or subject be adopted; otherwise,they shall not be considered. Section 2-5-3 Public Hearing Required No ordinance, except emergency ordinances, shall be passed without a public hearing. Notice of public hearing shall follow state law. (96-45,Amended, 11/06/1996) Section 2-5-4 Reading Required All ordinances shall be read in full unless the council, in possession of printed copies of said ordinance, shall unanimously allow reading by title only. Section 2-5-5 Requirements for an Ordinance Each ordinance may have only one subject, the nature of which is clearly expressed in the title. Whenever possible, each ordinance shall be introduced as an amendment to this code or to an existing ordinance, and, in such case, the title of the sections to be amended shall be included in the ordinance. ‘ie Page 12 of 13 Oro Valley Town Code Section 2-5-6 Effective Date of Ordinances No ordinance, resolution or franchise shall become operative until thirty days after its passage by t he council and approval by the mayor, except measures necessary for the immediatereservation of the he peace, health or safety of the town, but such an emergency measure shall not become immediately operative unless it states in a separate section the reason whyit is necessary that it should become immediately operative, and unless it is approved by the affirmative vote of three-fourths of all the members elected to the council. Section 2-5-7 Signatures Required Every ordinance passed by the council shall, before it becomes effective, be signed bythe mayor and attested by the clerk. � y Section 2-5-8 Publishing Required Only such ordinances, orders, resolutions, motions, regulations or proceedings of the council shall all be published as may be required by state statutes or expressly ordered by the council. Ordinances shall be published once each week for two consecutive weeks in a weekly newspaper or four consecutive times in a daily newspaper of general circulation. Section 2-5-9 Posting Required Every ordinance imposing any penalty, fine, forfeiture or otherunishment shall, after r passage, be posted by the clerk in three or more public places within the town and an affidavit of theerson who ho kir posted the ordinance shall be filed in the office of the clerk as proof of posting. 1111.01 Page 13 of 13 TOWN OF ORO VALLEY, ARIZONA TOWN COUNCIL pLIAMENTARY RULES & PROCEDURES AND CODE OF CONDUCT TABLE OF CONTENTS 1 PREFACE SECTION 1. RULES&PROCEDURES 2 1.1 RULES&PROCEDURES 22 1.2 PARLIAMENTARIAN SECTION 2. DEFINITIONS 2 2 2.1 AGENDA 2 2.2 COUNCIL 2 2.3 COUNCIL PACKET 2 2.4 MEETINGS 3 2.5 NEWSPAPER ..3 2.5 NOTICE 3 2.6 ORDINANCE v. 3 2.7 QUORUM 4 2.8 RESOLUTION SECTION 3. PRESIDING OFFICER 4 4 3.1 MAYOR q 3.2 SUSPENSION OF RULES SECTION 4. MEETINGS 4 4.1 REGULAR MEETINGS 45 4.2 ADJOURNED MEETINGS 5 43 SPECIAL MEETINGS 5 4.4 STUDY SESSIONS 6 4.5 EXECUTIVE SESSIONS 7 4.6 EMERGENCY MEETINGS 7 4.7 MEETINGS TO BE PUBLIC 7 4.8 MINUTES OF COUNCIL MEETINGS SECTION 5. NOTICE AND AGENDA 8 5.1 PREPARATION AND POSTING NOTICES8 8 5.2 AGENDAS SECTION 6. DUTIES AT MEETINGS 9 9 6.1 MAYOR 10 6.2 TOWN CLERK 10 63 SERGEANT-AT-ARMS SECTION 7. ATTENDANCE REQUIREMENTS 10 7.1 COUNCIL MEMBERS 10 CADOCIJME-IV{CWEL 1\L.00ALS-1\TEMPOR-1\OLKB064\Par1 Rules Procedures ENROLLED.doc Updated 12-22-04 SECTION 8. PROCEDURES FOR MEETINGS 10 8.1 CALL TO ORDER 10 8.2 ROLL CALL 10 110 ihr 8.3 AGENDA ORDER T 11 8.4 APPROVAL OF MINUTES/ABSTENTIONS 11 8.5 CALL TO THE AUDIENCE 11 8.6 PUBLIC INPUT AT NON-PUBLIC HEARINGS 12 8.7 COUNCIL COMMUNICATIONS .•...12 8.8 ORDER OF PRESENTATION 12 8.9 TOWN MANAGER,COUNCIL,AND STAFF REPORTS 8.10 FUTURE AGENDA ITEMS 12 SECTION 9. PUBLIC HEARING PROCEDURE 13 9.1 AGENDA PROCEDURE FOR PUBLIC HEARING 13 SECTION 10. DISCUSSION AND VOTING PROCEDURES 14 14 10.1 QUORUM 10.2 CONFLICTS OF INTEREST 14 14 10.3 GETTING THE FLOOR 5 15 10.4 INTERRUPTIONS ..15 10.5 MAKING AND SECONDING A MAIN MOTION ..15 10.6 AMENDMENTS TO A MAIN MOTION ..15 10.7 CALLING THE QUESTION ..15 10.8 TAKING THE VOTE .15 10.9 ANNOUNCING THE RESULT OF THE VOTE ..16 10.10 TIE VOTES 16 10.11 ORDINANCE EMERGENCY CLAUSE SECTION 11. MOTIONS • 16 41.110 OF MOTIONS 16 11.1 RECONSIDERATION17 11.2 MOTIONS TO ADJOURN .•17 113 MOTION TO RECESS 17 11.4 MOTIONS WITH A FIXED TIME TO ADJOURN 17 11.5 MAIN MOTIONS SECTION 12. CONFLICT OF INTEREST 17 12.1 INTRODUCTION 17 187 12.2 PURPOSE OF CONFLICT OF INTEREST LAWS18 12.3 THE ARIZONA CONFLICT OF INTEREST LAW 12.4 SUBSTANTIAL INTEREST 18 198 12.5 REMOTE INTERESTS R SERVICES 20 12.6 RESTRICTIONS ON CONTRACTS FOR SUPPLIES O 20 12.7 DISCLOSURE OF INTEREST 21 12.8 WITHDRAWAL FROM PARTICIPATION 12.921 RULE OF IMPOSSIBILITY(CONFLICT OF THE MAJORITY) 12.10 IMPROPER USE OF OFFICE FOR PERSONAL GAIN 211 NS FOR VIOLATIONS 2 12.11 SANCTIONS 12.12 NON-STATUTORY CONFLICTS OF INTEREST 22 SECTION 13. CODE OF CONDUCT 22 REPRESENTATION 13.1 COMPETENT2222 13.2 ARIZONA OPEN MEETING LAW ..22 133 CONFIDENTIALITY 22 13.4 POLITICAL SYSTEM 1110 C:\DOCUME---1\KCUVEL-1\LOCALS--1\TEMPOR---1\OLKB064\Parl Rules Procedures ENROLLED.doc 13.5 LEGAL ADVICE 2323 13.6 RESPECT .23 13.7 COMMUNICATION IliIle .23 13.8 WEIGHT OF RULES AND LAWS 23 13.9 INFORMATION 23 13.10 REPRESENTATIVE 23 13.11 AVAILABILITY 23 13.12 IMPROVEMENT 24 13.13 RESPONSIBILITY APPENDIX A:DISCLOSURE MEMORANDUM .25 APPENDIX B:CLARIFICATION OF THE APPOINTMENT PROCESS OF TOWN OF ORO VALLEY VOLUNTEERS TO BOARDS,COMMISSIONS,COMMITTEES, ADVISORY BOARDS,AND TASK FORCES • TERM LIMITS TO ALL CURRENT VOLUNTEERS TO BOARDS, APPENDIX C. APPLYING COMMISSIONS,COMMITTEES,ADVISORY BOARDS,AND TASK FORCES 4100 C:\DOCUME 1 \KCUVEL-1\LOCALS--I\TEMPOR-1\OLKB064\Parl Rules Procedures ENROLLED.doc PREFACE A. General Pur ose. The Town Council of the Town of Oro Valley, Arizona, in responsibilities togovern the Town and to fully and attempting to fulfill its respons es & manner, formulates these Rules faithfullyperform its duties in the best possible Procedures for use by the Council. It is intended that these Rules &Procedures procedures for the conducting of public meetings of shall set standards and usual the Council. These Rules & Procedures shall be in effect for all Council meetings. • recommended that all Council Members review B. Council Indoctrination. It is possible after they take office and annually these Rules &Procedures as soon as thereafter. 410 1110 1 F:\Council\Parl Rules &Procedures ENROLLED Office of the Oro Valley Town Attorney/GRTF 9.19.2001 SECTION 1. RULES & PROCEDURES %ire 1.1 RULES & PROCEDURES The following are the basis for, and are used in conjunction with, these Rules & Procedures for meetings of the Council: A) Arizona Open Meetings Act (Arizona Revised Statute (ARS) § 38-431 et. seq.) B) Town Code C) Town Council Policies D) Town Standard Operating Procedures E) Roberts Rules of Order 1.2 PARLIAMENTARIAN A) Council Meetings: The Town Attorney shall serve as Parliamentarian for all Council meetings. The Town Clerk shall act as Parliamentarian in the absence of the Town Attorney; and the Town Manager shall act as Parliamentarian in the absence of both the Town Attorney and Town Clerk. B) Boards/Commissions/Committees/Task Forces: The Departmental liaison, or designee, shall serve as Parliamentarian for their respective Board, 1110 Commission, Committee, or Task Force. SECTION Z. DEFINITIONS 2.1 AGENDA As set forth in Section 5.2(B), Agendas, an Agenda is a formal listing of items to be considered by the Council Members at a noticed meeting of the Council. 2.2 COUNCIL The term Council shall include all members of the Mayor and Council unless otherwise required by the context of the sentence. 2.3 COUNCIL PACKET A compilation of documents supporting the items listed on the Agenda and requiring Council action, which may be used by Council, Staff, and the public for more in-depth information than may be presented in an oral report. The Packet is organized as set forth 1110 2 F:\Council\Parl Rules&Procedures ENROLLED Office of the Oro Valley Town Attorney/GR7'F 9.19.2001 in Section 5.2(D), Agendas; and is provided or made available to the Council Members according to Section 5.2(C), Agendas. 2.4 MEETINGS ' person or bytechnological devices, of a quorum of the A meeting is the gathering, in � • discuss, propose, or take legal action, including any Council Members, at which they p p respect to such action. If a quorum is not present, those deliberations by a quorum with the the record and in the absence of the Presiding Officer, in attendance will be named for eetin The types of Council meetings are as follows. Town Clerk will adjourn the m g yip A. Regular B. Executive C. Special D. Study E. Emergency 2.5 NEWSPAPER publication containing recent news, feature articles, Typically, a daily or weekly paid editorials and general advertisements. 2.6 NOTICE public that sets forth the name of the Council, date, time A formal announcement to the of Nad meeting of the Council will be held. Giving formal notice and place for which a m g or other rules or meetings is done as provided by Statute, these Rules & Procedures, regulations of the Council. 2.7 ORDINANCE setting forth a rule of public conduct that is considered An ordinance is Council actions g 's long-term. Long-term rules include zoning issues, annexations, abandonment , laws of in addition to being referenced by number and brief the Town and such. The ordinance, title in the Minutes, will be recorded and maintained in numerical sequence as a permanent record of the Town. Effective dates of ordinances shall be as provided by law. 2.8 QUORUM A quorum is the minimum number of Council Members that must be present in order for business to be legally transacted. A. Quorum. A quorum is thesimplemajority of the total number of authorized members. With a five-member body, a quorum is three (3) members. With a seven-member body, a quorum is four (4) members. 3 F:\Council\Parl Rules &Procedures ENROLLED Office of the Oro Valley Town Attorney/GRTF 9.19.2001 A Notice of Quorum is a notice informing the B. Posting of Notice of Quorum. at of a majority of the Council Members may be present public that a possibility � y an upcoming social event and/or any other function. ‘'` p g 2.9 RESOLUTION Council action on special or temporary matters or for A resolution is generally used for ordinance is required by law. A resolution is less anyother purpose except where an q , ordinance and is frequently used to exercise the Council's solemn and less formal than an and to to resolve general policy issues, give direction, legislative power as it proposes in addition to being of publicpolicy of the Town. The resolution, express the intent . title in the Minutes, will be recorded as provided by law referenced by number and brief uence as apermanent record of the Town. The effective and maintained in numerical seq p date of a resolution shall be provided by law. SECTION 3. PRESIDING OFFICER 3.1 MAYOR absence, the Vice-Mayor is the Presiding Officer of all The Mayor, or in the Mayor's 1. In an anticipated absence of the Mayor and Vice-Mayor, a meetings of the Councs p pp the Mayor is Mayor Pro Tempore shall be appointed by the Mayor, or by the Council if unable to make such an appointment, and that person shall serve until the return of the he absence of both the Mayor and the Vice-Mayor and a 4111110 Mayor or Vice-Mayor. Int Mayor Pro Tempore has not been appointed, the meeting shall be called to order by the Town Clerk, whereupon,ereu on, the Town Clerk shall immediately call for the selection of a Mayor Pro Tempore. 3.2 SUSPENSION OF RULES The Council may suspend the operation of or all of these Rules & Procedures, and p any of Robert's Rules of Order upon motion, second, and two- any or all applicable provision thirds vote of the Council. In the event of a conflict between these Rules & Procedures and Robert's Rules of Order, these Rules &Procedures shall govern. SECTION 4. MEETINGS 4.1 REGULAR MEETINGS Council of the Town of Oro Valley shall hold Regular meetings at or A) The Cou about 7:00 p.m. in the Council Chambers located at the Oro Valley Council Chambers, 11000 North La Canada Drive, or another place, date ess on the first and third Wednesday of each month. or time if necessary, . held for the purpose of discussion or action of the Council on Meetings are p rp 4 F:\Council\P arl Rules&Procedures ENROLLED Office of the Oro Valley Town Attorney/GRTF 9.19.2001 issuesnecessaryto further the business of the Town. various deemed for "Citizen Comments/Appearances from These meetings may provide . the Officer or the majority of the the Floor Presiding as determined by Council Members present. meeting B) When the day for a Regular of the Council falls on a legal such holiday, but a Special meeting holiday, no meeting shall be held on y . y such location as scheduled by the majority of maybe held at such time and the Council. C) In order to accommodate vacation scheduling of Council Members, adjust the schedule of the two per Council may, by vote or consensus, p month Regular meetings as Special meetings on a mutually convenient date and time, or cancel the meeting. 4.2 ADJOURNED MEETINGS a time, place and date certain, but not beyond the next Anymeeting may be adjourned to at the adjourned,Regular meeting. Once adJ , the meeting may not be reconvened except time, date, and place provided for in the motion. 4.3 SPECIAL MEETINGS 2-4-2 of the Oro Valley Town Code, Special A) In accordance with Section called bythe Mayor or two (2) Council Members, and meetings may be 114 notice shall be posted bythe Town Clerk at least twenty-four (24) hours prior to the meeting. are held for thepurpose of presentations, discussion, or B) Special meetings , the Council on various issues as deemed necessary to further action of the "Citizen the Town. These meetings may provide for business of the Presiding from the Floor," as determined by Comments/Appearances O fficer or the majority of the Council Members present. 4.4 STUDY SESSIONS the Council an opportunity to study items in an A) Study Sessions offer No action may be taken during a Study Session informal manner. 'n Section 4.3(A). be called as provided for i meeting. Such meetingsmay � declared a of havinga quorum, a Study Session shall be In the absence ue to follow these Sub-Committee meeting of the Council, and shall contin Rules &Procedures. B) Study Sessions are heldfor the purpose of presentations and discussions � on such issues that require more in-depth consideration of the Council than may be possible at a Regular meeting. No formal action of the Council may be taken at such meetings, other than general consensus or 5 F:\Council\Parl Rules&Procedures ENROLLED Office of the Oro Valley Town Attorney/GRTF 9.19.2001 conveying direction to Staff for further action. These meetings may "Citizen Comments/Appearances from the Floor," as provide for determined by the Presiding Officer or the majority of the Council %aid Members present. 4.5 EXECUTIVE SESSIONS Sessions maybeplaced on an agenda Executive da under the samean as anyother agenda item. The Town may hold circumstances g Executive Session in accordance with ARS § 38-431.03 for the following purposes. 1) Discussion or consideration of employment and/or appointment of employees, Council, or other public officers 2) Discussion or consideration of records, information, or testimony that is confidential and/or exempt from disclosure 3) Legal advice from an attorney for the Town 4) Discussion or consultation with attorneys for the Town to: a) Consider itsp osition and to instruct the Council regarding litigation;ardin lite ation; b) Attempt to avoid and/or resolve throlitigationugh g thh settlement; and c) To provide guidance in contract negotiations 5) Discussion or consultation with the Council to consider its position and to instruct the Council regarding collective 4401# bargaining negotiations 6) Discussion or consultation for international and interstate negotiations or for negotiations with representatives of Indian reservations located within or adjacent to the Town 7) Discussion or consultation with the Council to consider its position and to instruct the Council regarding the purchase, lease, and sale of real property B) Under normal circumstances, Executive Sessions shall be attended only by and Council, Town Manager, Town Clerk, and Town Attorney. the Mayor Y the Council ma vote at the public session prior to the Amajorityof Executive Session to have other individuals attend the Executive Session. These other individuals must be necessary for the consideration of the item, and may not remain in the Executive Session once that particular item has been discussed. gn C) The Town Clerk, or designee, shall take written Minutes of Executive Sessions to document the nature and extent of the discussions. All minutes of Executive Sessions shall be sealed and retained by the Town Clerk as a confidential, non-public ublic record. In accordance with ARS § 38- 431.03(C), themayonly Town disclose the Minutes of an Executive 6 F:\Council\Parl Rules&Procedures ENROLLED Office of the Oro Valley Town Attorney/GRTF 9.192001 al or the Pima County Attorney upon receipt Session to the Attorney General complaint alleging a violation of this provision at an of a written p gwith a court Executive Session of the Town, and upon being presented order. Session discussions and materials are considered D) All Executive may and non-public information. No discussion or materials confidentialp be disseminated to anyone outside of the Mayor and Council, Town Any discovered or suspected and Town Clerk. An Manager, Town Attorney,p violation shall be reported to the Town Attorney immediately. 4.6 EMERGENCY MEETINGS As for in ARS § 38-431.02(D), the Mayor and Council may call a Emergency providedan unforeseen issue where time is of the essence and meeting to discuss or take action on - twenty-four (24)the ostin of a meeting notice y sufficient time does not provide for posting meeting of the Mayor and Notice of an Emergency hours or more before the meeting. n of an within twenty-four (24) hours following the holding Council will be posteda beef but com fete, Emergency meeting. The Notice will include the agenda and p description of the nature of the emergency. Emergency meetings may provide for a � "Citizen Comments/Appearances from the Floor,�� as determined by the Presiding Officer or the majority of the Council Members present. 4.7 MEETINGS TO BE PUBLIC `44s0 A) With exception of Council Executive Sessions, all Regular, Special, Emergency, and StudySession meetings of the Council shall be open to the public. etings maybe recorded by means of audio, video or B) All public me photographic equipment ist interference in the orderly conduct g provided that there not of the meeting, and that said equipment is placed in non- hazardous locations as designated by the Town Manager. 4.8 MINUTES OF COUNCIL MEETINGS shall ensure Staff attendance at all Regular, Special, A) The Town Manager Study Session, Emergency, and Executive Session meetings of the Council for the purposeof takingnotes and/or audio recordation of the meeting. ' Minutes instead of Verbatim Minutes shall be taken so B) Written Synopsis that a brief accounting of the issues discussed and actions taken is into thepermanent Minute Book of the Town and compiled and entereda be kept on file in the Office of the Town Clerk. Open meetings may recorded by means of audio or video technology, which will be retained for a period of time in accordance with current Town policy. 7 F:\Council\Parl Rules &Procedures ENROLLED Office of the Oro Valley Town Attorney/GRTF 9.19.2001 the Council are deemed to be Public Records, with the C) All Minutes of exception of Executive Session Minutes, which, while they fall under the of and are considered Public Records by State Statute, are definition deemed confidential and are onlyavailable under limited conditions or by Transcribed Minutes, or the audio court order. or video recording of all open meetings of the Council, must be on file in the Office of the Town Clerk, and availablefor public review by 5:00 p.m. on the third working day following meeting,each meetin , or as provided by ARS § 38-431.01. g D) Minutes of all meetings of the Council are made available at the Town Clerk's office, andbe available through the Town's Web Site. may SECTION 5. NOTICE AND AGENDA 5.1 PREPARATION AND POSTING NOTICES gn A) The Town Clerk, or designee, shall prepare all public meeting notices of and shall ensure posting of the meeting notices no less than the Council, twenty-four (24) hours before the date and time set for said meetings in accordance with ARS § 38-431.02(C). notices shall beposted on an outside bulletin board located at the B) Meeting Town Hall CourtyardValley, at 11000 North La Canada Drive, Oro 1411110 in the lobbyof the Town Hall, and in the lobby of the Oro Valley Arizona, Police Department at 11000 North La Can�ada Drive, Oro Valley Arizona, or as established stablished bythe Disclosure Statement of the Town Council. 5.2 AGENDAS A) Agendas for Council meetings shall be prepared by the Agenda Committee, which shall be made up of the Mayor (or Vice-Mayor), Town Manager, Town Clerk, and one Council Member, with review of the proposed agendaby final the Town Attorney. The Council Member shall be selected bythe Council and his/her term shall last for three (3)months ending with the second Regular Council meeting of the third month and at which time a new Council Member shall be selected. § B) Pursuant to ARS 38-431.09, the agenda shall provide information as is reasonably necessary to inform the public of matters to be discussed or decided. requiring prior items legal review shall be submitted to the Town Attorney on or about fourteen (14) days prior to submission to the Town Clerk's office. 410 8 F.\Coup cil\Parl Rules&Procedures ENROLLED Office of the Oro Valley Town Attorney/GRTF 9.19.2001 packets will be delivered to the office of all Council Members on C) Council daysprior to the Council meeting. These deadlines or about seven (7) y may b waived for anyparticular item by the Mayor or Town Manager only if it is determined that it is impossible to meet the deadline. D) The agenda sequence for Regular Council meetings shall be as follows: 1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. Upcoming meeting announcement 5. Mayor will review the Order of Business 6. Call to Audience 7. Possible Staff Reports 8. Business 9. Future Agenda Items 10. Call to Audience 11. Adjournment (Amended (R)04-114,11/03/04). E) The Consent Agenda shall be in accordance with the Oro Valley Town Code Section 2-4-6. SECTION 6. DUTIES AT MEETINGS 6.1 MAYOR A) The Mayor shall call the meeting of the Council to order, and shall preserve order and decorum at all meetings of the Council. The Mayor may move, second, and debate from the chair, subject only to such limitations of of the rights and privileges of a Council Member. The any rg Mayor shall determine whether a member of the public shall be heard consistent with the Arizona Open Meeting Laws. Public participation shall be on an item-by-item basis and at the discretion of the Mayor except for listed public hearings. event of unrulybehavior of any member of the public or of the B) In the Council, as determined by the Mayor or raised by a Council Member in a Point of Order, the Mayor or in the Mayor's refusal, the Council, shall issue a verbal warning that such continued unruly behavior may result in removal from the meeting. A second verbal warning may result in removal of the offender from the meeting. In the determination of unruly behavior avior of anymember of the public by the Mayor, (or Council upon a majority vote the Sergeant-at-Arms shall be directed to remove the mai o y ), g person from the meetingroom until such time as the person agrees and publicly acknowledges acknowled es to the Mayor that there will be no further 41110 9 F.\Cou ncil\Parl Rules&Procedures ENROLLED Office of the Oro Valley Town Attorney/GRTF 9.19.2001 disturbances. If a person makes the public acknowledgement, they may be allowed to return to the meeting. 6.2 TOWN CLERK The duties of the Town Clerk, at meetings of the Council, shall be in accordance with state law and the Oro Valley Town Code Section 3-2-2, but not limited to the following listed duties. The Town Clerk shall take the Roll Call. The Town Clerk shall announce each agenda item, reading into the record the item as listed on the agenda, sufficiently to advise the Council and public as to what business is about to be considered by the Council. The Mayor or at the Mayor's discretion, the Town Clerk, may restate the motion into the record before the Council votes. 6.3 SERGEANT-AT-ARMS The Police Chief, or designee, shall serve as the Sergeant-at-Arms of the Council T meetings, and shall carry out all orders and instructions given by the Mayor (andlor a majorityof the Council Members) for the purpose of maintaining order and decorum at the Council meeting. Upon instructions by the Mayor (or a Council majority) following thep rocess listed above, it shall be the duty of the Sergeant-at-Arms to remove any person who violates the order and decorum of the meeting. SECTION 7. ATTENDANCE REQUIREMENTS 7.1 COUNCIL MEMBERS It is the duty of the Council Members to attend all Council meetings. A vacancy of office of a Council Member shall be when there is an absence and ceasing to discharge the duties of office for a period of three (3) consecutive months, andlor may be deemed vacant from and after the occurrence of any events described in ARS § 38-291. The measured time for an absence starts as of the first unexcused absence from a Council Stud Session or meeting missed. Pursuant to Oro Valley Town Code Section 2-1-4, in y the event of a vacancy, the Council shall fill such vacancy, by appointment, for the unexpired term of the vacancy. SECTION 8. PROCEDURES FOR MEETINGS 8.1 CALL TO ORDER The Mayor shall call all Council meetings to order. 8.2 ROLL CALL Roll shall be called by the Town Clerk. 10 F:\Council\Parl Rules&Procedures ENROLLED Office of the Oro Valley Town Attorney/GRTF 9.19.2001 8.3 AGENDA ORDER inagenda and any The order of business shall be as provided for the g item shall be • course of the Council meeting at the discretion of the Mayor, so considered during the long as there is no attemptto deny the public of the opportunity to participate y in public p and duringthe mayamend the order of the agenda at the beginning hearings. The Mayor . meeting with the approval of a majority of the Council. course of a mee i g 8.4 APPROVAL OF MINUTES/ABSTENTIONS t Minutes to the Council for approval. Council Members The Town Clerk shall present resent ata prevmeeting may abstain from the vote approving those who were not pp and if one or more The Council may approve multiple Minutes by onevote, Minutes. . a desire to abstain from the vote on one set of Minutes, the Council Members expressed motion shall be to approve the Minutes "except as noted by Council Member(s) 8.5 CALL TO THE AUDIENCE an open Call to the Audience during a public meeting so those The Council may make p the Council. the Council on any issue within jurisdiction of the individuals may address to speak in a courteous and Each speaker must respectful manner and may be limitede total time offered Utes. If necessary, the Mayor or Council may limit th three (3) min y a assign speakers. If there are several speakers on a matter, one person may not assgn his time to person Citizen groups may a select to make their presentation in their behalf within the allotted 3 minute time limit. (Amended (R)04-125, 12/01/04). 411101 All such remarks shall be addressed to the Council as whole, and are not to be addressed Member. Should anyitem be addressed to a specific Council to any specific Council Member, it shall bgn e ignored, and the Mayor shall remind the speaker that they must address the question to the entire Council. No person other than the speaker shall enter o discussion without the permission of the Mayor. At the conclusion of the open into the di Call to the Audience pursuant ursuant to state law, the Council may respond,but they may not take action on anyitem raised by the public during a call to the audience unless that item was properly placed on the agenda. 8.6 PUBLIC INPUT AT NON-PUBLIC HEARINGS the audience wishes to address the Council on an issue on the In the event a person in agenda which is notpublichearing,a heann , the person should fill out a blue card located in the Council Chambers and submit it to the Town Clerk. The Mayor, or upon a back ofthefrom the ofthe Council, shall determine whether the Council will hear majority vote public address may be limited to no more than three (3) minutes per public. Any such p person. If there are several speakers on a matter, one person may not assign his time to person Citizen groups may a select to make their presentation in their behalf within the allotted 3 minute time limit. (Amended (R)04-125,12/01/04). 11 F:\Council\Parl Rules&Procedures ENROLLED Office of the Oro Valley Town Attorney/GRTF 9.19.2001 Written communications relatedagenda to an agenda item not submitted in the Council's meeting packet should be delivered to the Town Clerk three (3) full working days in meeting and will be copied and delivered to each Council advance of the Council me g p Member two (2) full working days s in advance of the Council meeting. However, all such written communications shall not be read into the recordby the Town Clerk unless,by a majority vote of the Council present,resent, the Council votes to have the Town Clerk read the item into the record. Written communication may be delivered to the Town Clerk at the time of a per son's address to the Council but these documents may not be reviewed, addressed, or commented on at the Council meeting by the Council. (Amended (R)04-125,12/01/04). 8.7 COUNCIL COMMUNICATIONS ask Staff about a particular issue in the report,but discussion A Council Member may and action on any item mentioned in a Council Communication may not be held unless that item is properly placed on the agenda. 8.8 ORDER OF PRESENTATION The Town Clerk shall introduce each agenda item as it comes to Council for consideration and/or action. Followingthe introduction of the agenda item by the Town of Staff reports, the Mayor shall entertain questions from the Clerk and presentationp Councilpp a be and where appropriate, permit public participation. Next, a motion may made and a vote maybe had as provided for in these Rules &Procedures. '410 8.9 TOWN MANAGER, COUNCIL, AND STAFF REPORTS The Town Manager's, Council's, and Staff reports may be in writing or oral in accordance with the Arizona Open Meeting Law. Any Council Member may ask the Town Manager, Council Member, or Staff member about a particular item in the report, but discussion and action on anyitem mentioned in the report may not be held unless that item is properly placed on the agenda. 8.10 FUTURE AGENDA ITEMS Any Council Member mayrequest that an item be placed on a future agenda by g contacting a member of the Agenda Committee. This provision applies to the Mayor and Council Members. However, if two (2) or more Council Members request that an item then it shall beput on the agenda if it is submitted to the Agenda go on the agenda, Committee twelve (12) days before the Council meeting date. Under provision b), ata publicmeeting,meetin , a Council member may move to add an item to a future agenda either bystating a date specific or as a general motion. At no time may this request be discussed due to open meeting law considerations. If the matter is must be added to a future agenda by the Mayor or Council, the matter seconded by either y Agenda Committee. Once again, this provision is only to add items to a a member of the future agenda. The motion and second must be limited to a request to add this item and Ida 12 F :\Council\Par1 Rules&Procedures ENROLLED Office of the Oro Valley Town Attorney/GRTF 9.19.2001 no discussions will be allowed at this time due to legal considerations. (Amended (R)04- 114,11/03/04). 1%110 SECTION 9. PUBLIC HEARING PROCEDURE 9.1 AGENDA PROCEDURE FOR PUBLIC HEARING placed on the agenda under the same agenda item as the A Public Hearing may be g discussion and action of the Council. The normal procedure for Public Hearings shall be as set forth hereafter. A) The agenda item shall be called by the Town Clerk as any other agenda item. B) Staff shall have an opportunity to report on the issue and answer questions by the Council. maymake an opening statement in order to explain the C) The proponent . to the Council and public. The Mayor or Council may limit the time item for this statement as necessary. All documents shall have sufficient copies so that Council Members and Staff have a copy to review and any exhibit presented shall be of sufficient size to permit the Council and public to view the exhibit. y D) The Mayor shall declare that the Council is now in Public Hearing. At this time, the publicmay address the Council, though once the Public Hearing has been closed, no further verbal/written input shall be taken. E) In the event a person in the audience wishes to address the Council on an issue on the agenda which is a Public Hearing, the person should fill out a g blue card located in the back of the Council Chambers and submit it to the Town Clerk.lerkThat person may be permitted to speak; however, any such address maybe limited to three (3) minutes per person. All public persons addressingthe Council shall speak into the microphone so that the comments maybe recorded. Written communications related to an agenda item not submitted in the Council's meeting packet should be delivered to Town Clerk three (3) full working days in advance of the Council the meeting and shall have been copied and delivered to each Council Member two (2) full working days in advance of the Council meeting. However, all such written communications shall not be read into the record by the Town Clerk unless, by a majority vote of members present, the Council votes to have the Town Clerk read the item into the record. Once Public Hearing has been closed, no further verbal/written input shall be taken. Written communications may be delivered to the Town Clerk at the person's a time of address to the Council but these documents will not be reviewed, addressed, or commented on at the Council meeting by the Council. (Amended (R)04-125,12/01/04). lia 13 F:\Council\Parl Rules&Procedures ENROLLED Office of the Oro Valley Town Attorney/GRTF 9.19.2001 F Unless a majority of the Council members object, the Mayor shall declare the Public Hearing as ended. Once the Public Hearing is closed, no additional oral or written communication may be accepted from the audience. proponent G) ro The onent shall be allowed to answer questions posed by the Council, a brief statement to rebut the statements made by the public, and/or to offer a compromise. H) The Mayor and the Council may ask one person who spoke from the audience to rebut a proponent's final summation. Such person may be chosen in one of the following manners: 1) The Council may ask that, if more than one person spoke on an issue, they decide among themselves to have one person present a rebuttal to the proponent's summation. If the group can not agree on one spokesperson, then there will be no rebuttal from the public on that issue. 2) At the discretion of the Mayor and Council. I. The agenda item willthen-be discussed and action taken as on any-other agenda item. SECTION 10. DISCUSSION AND VOTING PROCEDURES 10.1 QUORUM It will be necessary for a quorum to be present in order for the Council to consider or act an upon business. A quorum shall consist of a majority of the Council Members. In the p y event aq uorum is not present, the only motion that can be made, considered, or passed,after Roll Call, is a motion for adjournment of non-action since an official meeting cannot be held for lack of a quorum. 10.2 CONFLICTS OF INTEREST Each Council Member has a responsibility for compliance with ARS § 38-501 et seq., concerningconflicts of interest. See Section 12. Any member of the Council, who believes he or she has a conflict of interest, may want to discuss such issue with the Town . Attorney y Immediatel upon determining that a conflict exists, the Council Member shall declare a conflict of interest by completing a Conflict of Interest Disclosure Memorandumpp Appendix A) and returning the form to the Town Clerk. That Council (See Member shall then leave the room and shall refrain from taking any part in the discussion, consideration, or determination of that issue and the Council Member shall be 14 F:\Council\Parl Rules&Procedures ENROLLED Office of the Oro Valley Town Attorney/GRTF 9.19.2001 excused used from that agenda item unless it would result in the loss of a quorum, which continuing would therefore result inuin that item. If that issue is not resolved at that anyother Council Council Member shall not discuss the matter with meeting, that the is finally Member until the matter resolved. The Council Member who declared seat when that conflict may return to his/her agenda item is completed. 10.3 GETTING THE FLOOR p Every Council Member desiring to speak shall address the Mayor, and upon recognition by the Mayor, s hall confine himself/herself to the question under debate. 10.4 INTERRUPTIONS floor,an individual has been given the fl , that Council Member or member of the public shall not be interrupted as longas such individual is proceeding in accordance with these Rules &Procedures. 10.5 MAKING AND SECONDING A MAIN MOTION In the majority of Town Council actions, motion(s) should be made in the affirmative. after a main motion is made until there is a second to the There can be no discussion motion. If a second to the motion is not made, then the motion will die for lack of a second. 10.6 AMENDMENTS TO A MAIN MOTION At anytime before the question is called on a pending motion, A) Voluntary: the Council Member who made the motion may ask that his/her motion be amended. If the Council Member who seconded the main motion agrees, then the motion shall be considered amended voluntarily. No more than one amendment to an amendment shall be permitted for any item. B) Involuntary: At anytime before the question is called on a pending motion, a Council Member maymake a motion to amend the motion. At time the discussion of the underlying issue will stop. If there is not a that second to issue motion to amend, then discussion on the underlying will continue. If the motion to amend is adopted by a majority of the Council, discussion will continue on the (now) amended motion. If the motion to amend fails, discussion will continue on the original motion on the floor. r Withdrawal: At any time before the question is called on a C) Voluntary pending motion, the Council Member who made the motion may ask that pe g will be withdrawn onlyin the his/her motion be withdrawn. The motion event that the Council Member who seconded the motion agrees to withdraw the motion. 15 F.\Coun cil\Parl Rules&Procedures ENROLLED Office of the Oro Valley Town Attorney/GRTF 9.19.2001 10.7 CALLING THE QUESTION Discussion shall end at the time the question is called, or at the time the Mayor that there is no further need for discussion. However, when there is a Call for determines the Question, Mayor the moves to close discussion. A second to the motion and two- thirds vote of the Council is required to do so. This action shall close the discussion against the will of even one member who wishes to speak. If the Mayor attempts to close discussion and a Council Member wishes to continue the discussion, the question that should be raised bythat Council Member is a Point of Order. A Point of Order, raised by a Council Member, calls upon the Mayor for a ruling and an enforcement of the rules. 10.8 TAKING THE VOTE The Mayorshall ask Council Members to designate his/her vote by announcing "aye" or "nay." If a Council Member abstains from voting, that vote is considered a neutral vote. The effect of the abstention, whether through deliberate neutrality or otherwise, may have Y the effect of a "nay" vote.1 If, prior to the vote or after the vote, any Council Member requests a Roll Call vote, the Town Clerk shall call Roll, and each Council Member shall state his/her vote aloud. 10.9 ANNOUNCING THE RESULT OF THE VOTE After the vote, the Mayor shall announce whether the motion passed or failed, and the results of the vote. 10.10 TIE VOTES In the case of a tie in votes on any motion, the motion shall be considered lost. 10.11 ORDINANCE EMERGENCY CLAUSE When an ordinance includes an emergency clause, it shall be prepared as provided by law and it shall become immediately effective. An emergency clause requires a two-thirds vote pursuant to ARS § 19-142(B). SECTION 11. MOTIONS 11.1 RECONSIDERATION OF MOTIONS Reconsideration of any action taken by Council must be by motion by a Council Member who was on the prevailing side of the vote. 1 If the Council vote is 2-2-1 with a Council Member abstaining, then the matter would not pass for lack of a majority. If the Council vote is 2-1-1 with a Council Member abstaining,then the matter would also not pass for lack of a majority. 16 F:\Council\Parl Rules&Procedures ENROLLED Office of the Oro Valley Town Attorney/GRTF 9.19.2001 A. Once an item is discussed at a meeting and the Council has gone on to another agenda item, the item considered cannot be again considered at that same 'n unless it can be positively determined that all persons who were present meeting when the item was first considered are still present. B. Said reconsideration of anyaction taken by Council must be by motion by a Council Member who was on the prevailing side of the vote. Such motion must be filed with the Council (Town Clerk's office) and the Town Clerk shall place prior item on g the agenda to the next regularly scheduled Council meeting. At the time of that meetingbefore the matter may be considered, there must be a second to the Motion to Reconsider. motion to reconsider failed, the Council will skip the next agenda item, C. If the which will be the discussion and vote of the original issue. D. If the motion to reconsider was successful, the Council will continue that item to a specific date in the future. 11.2 MOTIONS TO ADJOURN made A motion to adjourn maybe attime, and this motion takes precedence over all any other motions in accordance with Roberts Rules of Order. 11.3 MOTIONS TO RECESS 'mud A motion to recess may be made at any time. 11.4 MOTIONS WITH A FIXED TIME TO ADJOURN fixed time to adjourn is not in order when another has the floor. This A motion with a adjourn motion requires a second, is not debatable, is amendable, requires a majority vote, and may be reconsidered. 11.5 MAIN MOTION A main motion is a motion to consider action and should be phrased in the positive. SECTION 12. CONFLICT OF INTEREST 12.1 INTRODUCTION Occasionally, a Council Member mayfind himself/herself in a situation which requires Member to remove himself/herself from participation in the decision making that Council process and from votingon a matter before the Council. This situation exists when the Council Member has a "conflict of interest" as defined by applicable laws. These laws 11110 17 F:\Council\Parl Rules&Procedures ENROLLED Office of the Oro Valley Town Attorney/GRTF 9.19.2001 standards for the conduct of Council Members who, in their official establish minimum become involved with, a decision which might unduly affect their capacity, are, or may personal interests or those of their close relatives. Arizona law defines those close "spouse, child, grandchild, parent, grandparent, brother or sister of relatives to include sp od and their s ouses, and the parent,brother, sister or child of a spouse." whole or half bio p 12.2 PURPOSE OF CONFLICT OF INTEREST LAWS Arizona's conflict of interest laws The purpose of is to prevent self-dealing by Council. and otherpublic officials. The financial interest of Council Members must not Members conflict performance the unbiased performance of their public duties. One cannot serve two masters withconflicting interests. The object of the statutes is to remove or limit any improper influence, direct or indirect, which might bear on an official's decision, as well as to discourage deliberate dishonesty. 12.3 THE ARIZONA CONFLICT OF INTEREST LAW Pursuant to ARS § 38-503: A) Any Council Member who has, or whose close relative has, a substantial interest in any contract, sale, purchase or service to the Town shall make known that interest in the official records of the Town and shall refrain from voting upon on or otherwise participating in_any manner as a Council Member in such contract, sale or purchase. Any B) Council Member who has, or whose relative has, a substantial interest in any decision of the Town shall make known such interest in the official records of the Town and shall refrain from participating in any manner as a Council Member in such decision. 12.4 SUBSTANTIAL INTEREST The preceding subsection tells us that disqualification is required where a Council Member has a "substantial interest" in the pending matter. But, what is a "substantial Interest?." The law tells us that a "substantial interest" is basically any financial interest of the Council Member or close relative, which is not a "remote interest." has determined that certain economic interests are so remote that they do The Legislature „ not unduly influence a person's decisions or actions. These "remote interests are discussed below. Unless the interest is one of the nine remote interests described in the followingsubsection, the interest is substantial and creates a conflict of interest. To determine whether a substantial interest exists, a Council Member should ask the following questions: A) Will the decision affect, either positively or negatively, an interest of the 18 F:\Council\Parl Rules&Procedures ENROLLED Office of the Oro Valley Town Attorney/GRTF 9.19.2001 Council Member or a close relative? B) Is the interest a or pecuniaryproprietary interest, i.e. does it affect a financial or property interest? C) Is the interest other than one of the nine remote interests described below? If the answer to each of these questionsyes,is then a substantial interest exists which osure and disqualification by the Council Member. requires disci q not themselves have a substantial interest in a decision Although Council Members may in participate, if one oftheir which they are about top p � close relatives has a substantialefrain from interest in the decision, the Council Member must disclose the interest and r participating in the decision. 12.5 REMOTE INTERESTS Arizona law excludes from the definition of a substantial interest certain enumerated remote interests. Any interest in a decision or contract not falling within the following interest remote interests is a substantialrequiring withdrawal from participation: Corporations. If the Council Member or their close relative is A) Non Profit a non-salaried officer of a nonprofit corporation, he or she has a remote interest in any decision affecting that corporation. *110 a ContractingParty. If a Council Member or their B) Lan dlordlTenant of relative is a landlord or tenant of a party contracting with the Town, close the Council Member has a remote interest in a decision regarding the contract. ContractingParty. If the Council Member or their close C) Attorney of a relative represents re resents a client contracting with the Town, he/she has a remote interest in a decision affectingthe client's contract. For example, if the considering awarding a contract to a contractor, which is Council is co g by attorney,an attorne , who is related to the Council Member, that Council Members interest in the awarding of the contract is remote. D) Nonprofit Cooperative Marketing Associations. If a Council Member or their close relative is a member of a nonprofit cooperative marketing association, he/she has a remote interest in any decision affecting that association. E) Insignificant Stock Ownership. If a Council Member or their close relative owns less than three percent of the shares of a corporation for come from those shares does not exceed five percent of profit, and if the in 1110 19 F:\Council\Pa rl Rules&Procedures ENROLLED Office of the Oro Valley Town Attorney/GRTF 9.19.2001 the person's total annual income, he/she has a remote interest in any decision affecting that corporation. Expenses. If a Council Member or their close relative F) Reimbursement of is beingreimbursed for actual and necessaryexpenses incurred in the performance of official duties, he/she has a remote interest in any decision affecting that reimbursement. Services GenerallyAvailable.Recipient of Public If the Council Member or their close relative is a recipient of public services provided by the services are available to the general and if those public, the Council Member has a remote interest in any decision affecting those services. H) Class Interests. If the Council Member or their close relative is a member of a trade, b usiness, profession or other class of persons, and the interest is no greater than the interest of the other members of the class, the Council remote interest in any decision affecting the class. For Member has a and a example, if the Council was considering a decrease in Bed Tax Member's son owned a business subject to the tax, the interest is Council M remote because the son benefits no more or less than other owners of such a business. I) Interests of Other Agencies. A Council Member may participate in a decision that indirectlyaffects a close relative who is an officer or public another agency. For example, the head of the state employee ofg responsible for allocating funds to local governments could ',sod agency p such decisions even though his/her spouse was an officer or participate in government.of the local If, however, the decision confers some direct economic benefit or detriment resulting in the termination of a spouse's employment by to ent the local government, a conflict of interest is present. 12.6 RESTRICTIONS ON CONTRACTS FOR SUPPLIES OR SERVICES Pursuant to ARS § 38-503(C)(2), a Council Member, or their close relative as described suppliesor in § 12.1, may sell to the Town any equipment valued at not more than $300 q in any single transaction, or $1,000 inyear, except as provided for by State law any one and if the policy olic for such purchases is approved annually. 12.7 DISCLOSURE OF INTEREST the Town shall maintain an active system for the Pursuant to ARS § 41 1346, records so that all documents necessary to memorialize disclosures management of public ouncil Member of substantial interest i are made available for public nspection. Any C anydecision must disclose that interest. The Council who has a conflict of interest in isclosure Member shall file with the Town Clerk a signed Conflict of Interest D 20 F:\Council\Parl Rules&Procedures ENROLLED Office of the Oro Valley Town Attorney/GRTF 9.19.2001 11 disclosingthe interest, and declaring the existence Memorandum (See Appendix A) fu y of the conflict and the reasons at a Council meeting. 'Nod 12.8 WITHDRAWAL FROM PARTICIPATION immediatelyand publiclydeclare a conflict in matters which the Council Members shall close relative, would have a substantialinterest due to a Council Member, or whose pecuniary interest or bias. Having disclosed isclosed the conflict of interest and withdrawn in the Member must not communicate about the matter withanyone matter, the Council Involved in theimpropriety. decision makingprocess in order to avoid the appearance o f the decision and the Council Member should not otherwise attempt to influence Further, matter is considered. If that issue should withdraw from the Council chambers while the that Council Member shall not discuss the matter with any is not resolved at that meeting, Member who Member until the matter is finally resolved. The Council other Council declared the conflict mayreturn to their seat when that agenda item is completed. 12.9 RULE OF IMPOSSIBILITY (CONFLICT OF THE MAJORITY) a Council Member(s) ARS § 38-508 (B) specifically permitsto vote in the event of an� for in ARS 38-503 when the failure to vote would prevent apparent conflict as provided § ppmust disclose the substantial The Council Member the Council from taking action. interest in the public issue. records of the Town prior to voting on that 12.10 IMPROPER USE OF OFFICE FOR PERSONAL GAIN Council Members are prohibited from using or attempting Pursuant to ARS § 38-504(C), secure valuable things or benefits for themselves, unless to use their official position to performing the compensation they wouldnormally those are part of to for be entitled p p Member to to ARS 13-2602, it is a class 4 felony for a Council their duties. Pursuant § e • accept anybenefit upon an understanding that his or her vote, solicit, accept, or agree to a p action maythereby be influenced. Pursuant to ARS § opinion,judgment, or other official p 38-444, it is a class 6 felony for a Council Member to ask to receive any unauthorized omiseof gratuity or reward for doing an official act. gratuity or reward or pr a 12.11 SANCTIONS FOR VIOLATIONS a Council Member who knowingly or �,) Pursuant to ARS § 38-510 (A), intentionally violates any provision of the conflict of interest law may be charged with a class 6 felony. B) 3 -510 (B), a Council Member who negligently or Pursuant to ARS § 8 recklesslyviolates the law may be charged with a class 1 misdemeanor. This means a person erson may be prosecuted for failure to disclose a g conflict of interest, even though that person was not aware of the conflict. 21 F:\Council\Parl Rules&Procedures ENROLLED Office of the Oro Valley Town Attorney/GRTF 9.19.2001 C) 38-510 upon on conviction of a violation of the Pursuant to ARS § (C),interestforfeits the public office. conflict of laws, a Council Member 38-511 as amended, any contract D) Pursuant to ARS § � made by the Town issubject tocancellation if an one significantly involved in the contract behalf of the Town was or is also employed on by or acted as consultant to any party other art to the contract during the time the contract or extension to the contract is in effect. E) Any person who is affected bya Town decision made in violation of the conflict of interest laws, sue to have the contract or decision declared may null and void. The court may award costs and attorney's fees to the prevailing party. Persons claiming that a Council Member had a interest in makinga decision against them may also file suit in pecuniary . court alleging a violation of their civil rights. In this state or federal g g instance, a Council Member is thought to have engaged in self-dealing of a Council Member, and by placing oneself ahead of through the powers the welfare of the Town, the Council Member lies outside of his/her official capacity. 12.12 NON-STATUTORY N-STATUTORY CONFLICTS OF INTEREST Member mayfeel that he/she should ethically refrain from Occasionally, a Council g thou h the circumstances may not amount to a conflict of participation in a decision even law described above. It is the policy of the Council to encourage interest under the state in good vird to strongly held ethical values, which are exercised Council Members to adhereg Y - unless the However, participation is encouraged in the decision making process faith. Howe , p p emberspersonal conduct or a conflict of interest set forth matter involves the Council M Members are expected to weigh these considerations and follow their by statute. Council p conscience. SECTION 13. CODE OF CONDUCT 13.1 COMPETENT REPRESENTATION provide competent representation for Town residents. Competent Council Members shall p p bl requires the knowledge, skill, thoroughness and preparation reasonably representation q decision regarding issues coming before the Council necessary to make an informed g which directly affects the residents that they represent. 13.2 ARIZONA OPEN MEETING LAW accordance with the Arizona Open Meeting Law and as Council Members shall meet in . Council law discussingonly those issues noted on the agenda required by Arizona State meeting.shall only discuss and decide issues at a properly noticed public me g. 22 F:\Council\Parl Rules&Procedures ENROLLED Office of the Oro Valley Town Attomey/GRTF 9.19.2001 13.3 CONFIDENTIALITY • discussed in Executive shall maintain confidentiality of matters di Council Members caption under a `confidential' 'attorney-client attorney-client privilege' p by Session and those issued close such legal counsel. Pursuant to ARS § 38-431.03, a Council Member shall not dis g General or CountyAttorney pursuant to an official information except to the Attorney authorized audit as provided by law. In accordance request made in connection with an aid, , with ARS § 3 8-431.07(A), a Council Member shall neither knowingly aid, agree to al aidthe unauthorized disclosure- of Executive Session or attempt to another person in • pwhich carries a minimum civil penalty not to and/or confidential material in any form, exceed $500 per infraction. 13.4 POLITICAL SYSTEM Council Members shall demonstrate respect for the political system and for those who p serve it, including other public officials. 13.5 LEGAL ADVICE Council Members shall seek advice from the Town Attorney at any point that a legal issue arises or where litigation is alleged. 13.6 RESPECT all colleagues by acting in a professional and Council Members shall show respect to g n support of the-issue or expressing an adverse point of view. dignified manner whether i 13.7 COMMUNICATION Council Members shall communicateopenly o enl and honestly with Town residents so as to instill confidence and trust. 13.8 WEIGHT OF RULES AND LAWS Council Members shall consider the weight of the rules, laws, and ordinances on the majority of the residents and the long-term effects upon the Town. 13.9 INFORMATION all be provided equal access to information, documents, or All Council Members sh materials. 13.10 REPRESENTATIVE p A Council Member may serve as a representative of the Town on boards of outside agencies or internal boards, commissions and committees as appointed by vote of the '40 23 F:\Council\Par]Rules &Procedures ENROLLED Office of the Oro Valley Town Attorney/GRTF 9.19.2001 for the purpose of gathering Such appointments are intendedp � information and - Councilregarding issues, which will directly affect the sharingviewpoints and policy g g . the entire Council in regard to the information or Town. Council Members shall inform proposed regulations, which will affect the Town and share with the agency the majority decision or viewpoint of the Council. 13.11 AVAILABILITY Council Members shall be available at reasonable times to Town residents for the conduct of official Town business. 13.12 IMPROVEMENT improvement of the. laws, rules, regulations and quality of Council Members shall seek services rendered and which promote the health, safety, and welfare of all Town residents. 13.13 RESPONSIBILITY As an elected public official, a Council Member has a responsibility to assure that regulations promulgated romulgated by it are in the public interests. 411 24 F:\Council\Parl Rules&Procedures ENROLLED Office of the Oro Valley Town Attorney/GRTF 9.19.2001 APPENDIX A INTEREST DISCLOSURE CONFLICT OF IN MEMORANDUM ‘41110 25 FACouncil\Par 1 Rules&Procedures ENROLLED Office of the Oro Valley Town Attorney/GRTF 9.19.2001 APPENDIX "B" - amended APPOINTMENT PROCESS OF TOWN OF ORO VALLEY VOLUNTEERS TO BOARDS, COMMISSIONS, COMMITTEES, ADVISORY BOARDS,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, Advisory Boards, or Task Force ("Board"), standing or special, as it deems necessary. Therefore, the process surrounding appointments to a Board should be streamlined in order to facilitate a quick and courteous appointment as follows: Advertising: post in newspaper, Town web page, and Town Hall. pp A lication: volunteers must complete an application to be considered for appointment to a Board, which is submitted to the Town Clerk. If the volunteer is not selected, the application remains in a database for 2 years in which is reviewed when any vacancies occur depending upon interest of the volunteer as stated in the application. Those p members wanting to be considered for reappointment must send a letter to the Staff representative indicating their interest in reappointment and include any information that 1 would supplement their application which is on file with the Town Clerk. Interview Committee: following an interview of volunteer applications, the Interview Committee makes a determination, and then forward their recommendation for appointment/reappointment to the Board before the Mayor& Council for determination at a regular Town Council meeting. The Interview Committee Panel consists of Council Liaison, Board Chair (or Vice-Chair if term of the Chair is due to expire), and Department Head (or Division Manager) responsible for staff support to that particular Board. Notification: New Volunteer Recommended for Appointment pp Prospective appointee is forwarded a copy of the Council Communication naming p those volunteers recommended for appointment along with a personal letter notifying in the prospective appointee of the Council meeting date at which they shall be recommended for appointment. New Volunteer Not Recommended for Appointment The volunteer not chosen for appointment is forwarded the Council Communication naming those volunteers recommended for appointment along with an explanation that their volunteer application will be kept on file for 2 years. .11) Parliamentary Rules&Procedures Appendix B;amended Office of the Town Manager 1/7/2004 3:30 PM Current Volunteer Not Recommended for Reappointment The volunteer not recommended for reappointed is forwarded the Council Communication naming those volunteers recommended for appointment along with notification from the Council Liaison sitting on the Interview Committee explaining the decision surrounding the recommendation. Criteria for Appointment: 1) Availability; 2)Residency of 1 year; and 3) Completion or commitment to complete the Citizen Planning Institute(if applicable) and other Board training workshops offered throughout term. Criteria for Reappointment: 1)Minimum Performance and Attendance; 2)Personal Relations and Participation; and 3) Growth and Improvement, including Board training in addition to the completion of the Citizen Planning Institute(if applicable) within the volunteer's 2-year term. Terms: appointments shall be made for 2-year terms (or 3-year terms when applicable), s and volunteer shall continue service until re-appointed or replaced. Upon successful completion of one term (see evaluation process), the volunteer may be considered for re- appointment ointment without a formal interview with the Interview Committee Panel. If the volunteer does not wish to be considered for re-appointment, the position becomes open to other applicants. Term Limits: no volunteer shall serve more than 2 consecutive terms, either 2-year terms (4 consecutive year maximum) or 3-year terms (6 consecutive years maximum) g p depending upon the Board. Once a volunteer has completed the maximum number of p terms on a Board the volunteer may not be eligible for appointment to that Board for a period of 1 year following completion of their term. Concurrent Office: no volunteer shall serve on more than one Standing Board at any time. A Standing Board is that Board appointed by the Council for an unspecified duration and has regularly scheduled meetings. Town Employee: Town Employees shall not serve on any standing Board with the exception of the Grievance Review Board. Attendance: a vacancy shall be deemed to have occurred upon three (3) consecutive unexcused absences, or as determined by the individual Board bylaws. Evaluation Process: Chair or Vice-Chair, depending on whose term is set to expire, shall submit to the Council Liaison a one (1) page evaluation of a volunteer's performance during their term at least sixty (60) days prior to the expiration of that volunteer's term. Training: trainingis mandated for all new volunteers and those seeking reappointment. � These individuals shall commit to the completion of a total of sixteen (16) hours of training per term (in addition to the Citizen Planning Institute) offered by the Town of Parliamentary Rules&Procedures Appendix B;amended Office of the Town Manager 1/7/2004 3:30 PM Oro Valley y onsite and/or through outside sources, while the Town shall commit to providing the logistics and payment of any and all training workshops. Both Chairs and '�/ p g g p y Vice-Chairs are encouraged to attend an"advanced training" workshop focusing on meeting management, conflict/dispute resolution, parliamentary procedures, and Board g member coordination offered by the Town. The"advanced training" is open to all volunteers. Four-hour training seminars will be offered bi-annually (at a minimum). Every effort will be made to conduct the training seminars in August and in February. Parliamentary Rules&Procedures Appendix B;amended Office of the Town Manager 1/7/2004 3:30 PM II ' I *.ad RESOLUTION NO. (R) 04 - 03 A RESOLUTION SUPPLEMENTING THE REVISED TOWN COUNCIL PARLIAMENTARY RULES & PROCEDURES AND CODE OF CONDUCT OF THE ORO VALLEY TOWN COUNCIL BY ADDING "APPENDIX B - AMENDED," REFERENCING THE CLARIFICATION OF THE APPOINTMENT PROCESS OF TOWN OF ORO VALLEY VOLUNTEERS TO BOARDS, COMMISSIONS, COMMITTEES, ADVISORY BOARDS, AND TASK FORCES. WHEREAS, on February 7, 1996, the Council originally adopted the Town Council Policies & Procedures, which were created for use by the Council to set standards and usual procedures for the Council; and WHEREAS, on February 16, 2000, the Council re-enacted the Town Council Policies & Procedures by resolution in order to revise and/or supplement the document from time to time; and WHEREAS, on September 19, 2001, the Town Council Policies &Procedures was revised and re-titled as the "Town Council Parliamentary Rules & Procedures and 14110 Code of Conduct;" and WHEREAS, the current "Town Council Parliamentary Rules & Procedures and Code of Conduct" does not include procedures relating to the appointment process of Town of Oro Valley volunteers to Boards, Commissions, Committees, Advisory Boards, and Task Forces ("Boards, collectively); and WHEREAS, Appendix B - Amended to the "Town Council Parliamentary Rules & Procedures and Code of Conduct," attached hereto reflects the clarified procedures surrounding the appointment process to Boards; and WHEREAS, the Council has determined that the revised and supplemented "Town Council Parliamentary Rules & Procedures and Code of Conduct" is just and appropriate, and is found to be in the interest of the Town. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona that the adoption of the revised and supplemented "Town Council Parliamentary Rules & Procedures and Code of Conduct," is hereby approved. nor ADOPTED byMayor and Town Council this 21st day of January 2004. PASSED AND y TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: 0 • CLWJL Ka! n Cuvelier, Town Clerk APPROVED AS TO FORM: Mark a sitz, o At . RESOLUTION NO. (R) 02- 107 A RESOLUTION SUPPLEMENTING THE REVISED TOWN COUNCIL PARLIAMENTARY RULES & PROCEDURES AND CODE OF CONDUCT OF THE ORO VALLEY TOWN COUNCIL BY ADDING "APPENDIX B," REFERENCING THE APPOINTMENT PROCESS OF TOWN OF ORO VALLEY VOLUNTEERS TO BOARDS, COMMISSIONS, COMMITTEES, ADVISORY BOARDS, AND TASK FORCES. WHEREAS, on February 7, 1996, the Council originally adopted the Town Council Policies & Procedures, which were created for use by the Council to set standards and usual procedures for the Council; and WHEREAS, on February 16, 2000, the Council re-enacted the Town Council Policies & Procedures by resolution in order to revise and/or supplement the document from time to time; and WHEREAS, on September 19, 2001, the Town Council Policies & Procedures was revised and re-titled as the "Town Council Parliamentary Rules & Procedures and Code of Conduct;" and `''adWHERE AS, the current "Town Council Parliamentary Rules & Procedures and Code of Conduct" does not include procedures relating to the appointment process of Town of Oro Valley volunteers to Boards, Commissions, Committees, Advisory Boards, and Task Forces ("Boards, collectively); and WHEREAS, Appendix B to the "Town Council Parliamentary Rules& Procedures and Code of Conduct," attached hereto reflects the procedures surrounding the appointment process to Boards; and WHEREAS,the Council has determined that the revised and supplemented "Town Council Parliamentary Rules & Procedures and Code of Conduct" is just and appropriate, and is found to be in the interest of the Town. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona that the adoption of the revised and supplemented "Town Council Parliamentary Rules & Procedures and Code of Conduct," is hereby approved. PASSED AND ADOPTED by Mayor and Town Council this 20th day of November, 2002. tall0 TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: Ce- Ra n Cuvelier, Town Clerk APPROVED AS TO FORM: 7 /12 / e(4? Tobin Sidles, Interim To Attorney 11111Pr 'mow APPENDIX "C" APPOINTMENT PROCESS IN RELATION TO TERM LIMITS OF TOWN OF ORO VALLEY VOLUNTEERS TO BOARDS, COMMISSIONS,COMMITTEES, ADVISORY BOARDS,AND TASK FORCES ValleyTown Code Section 2-4-8, the Mayor and Council In accordance with Oro Board, Commission, Committee, or Task Force ("Board"), may create any Town "B" • necessary. Therefore, Appendixwas appended to the standing or special, as it deems ary . ParliamentaryRules and Code of Conduct to clarify the appointment Town Council policy and Appendixappended"C" is a ended in further clarify or delineate term limits for all current Board volunteers. In relation to "term limits,"" a ointments shall be made for two-year terms, and a volunteer may continue service until re-appointed 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. appointed to a Board, and Board volunteer was initially Scenario 1: if a current has already served on that Board for more than four consecutive years, the Board served the maximum number of years on volunteer will have already that Board. The volunteer's term limit will expire at the conclusion of their current appointed term. Scenario 2: a current Board if volunteer is serving a two-year term on a Board,the ointment and may may apply for re app expect to serve another two years with that Board for up to four consecutive years. current Board volunteer was appointed to a Board to fill a Scenario 3: If a the term of that vacancy without penalty. If the vacancy, then the volunteer completes Board volunteer chooses to apply l for service to that Board, then the term limit of two • (four consecutive ears maximum) does not include any time consecutive two-year terms y served while completing the term due to a vacancy. Parliamentary Rules& Procedures Appendix C Office of the Town Manager 2/26/2003 11:49 AM Ner %ad RESOLUTION NO. (R) 03- 18 A RESOLUTION SUPPLEMENTING THE REVISED TOWN COUNCIL PARLIAMENTARY RULES & PROCEDURES AND CODE OF CONDUCT OF THE ORO VALLEY TOWN COUNCIL BY ADDING APPENDIX C," APPLYING TERM LIMITS TO ALL CURRENT VOLUNTEERS TO BOARDS, COMMISSIONS, COMMITTEES, ADVISORY BOARDS,AND TASK FORCES. WHEREAS, on February7, 1996, the Council originally adopted the Town Council Policies & Procedures, which were created for use by the Council to set standards and usual procedures for the Council; and WHEREAS, on February 16, 2000, the Council re-enacted the Town Council Policies &Procedures byresolution in order to revise and/or supplement the document from time to time; and WHEREAS, op n September 19, 2001,the Town Council Policies & Procedures was revised and re-titled as the "Town Council Parliamentary Rules & Procedures and Code of Conduct;" and 2002, Appendix on November 20, "B" was adopted which Parliamentary to the Town Council Rules &Procedures and Code of Conduct in theappointment process of Town of Oro Valley volunteers to procedures relating to pp Boards, Commissions, Committees, Advisory Boards, and Task Forces ("Boards, collectively); and WHEREAS, clarification of the Town Council Parliamentary Rules & Procedures and Code of Conduct is necessary to delineate implementation of the procedures relating to theappointment process of Town of Oro Valley volunteers to Boardsp articularly in reference to term limits; and Appendix "C" to the Town Council Parliamentary Rules& WHEREAS, pp Procedures and Code of Conduct, attached hereto reflects the procedures surrounding term limits; and WHEREAS,the Council has determined that the revised and supplemented "Town Council Parliamentary Rules & Procedures and Code of Conduct" is just and appropriate,ro riate, and is found to be in the interest of the Town. BE IT RESOLVED by the Mayor and Council of the Town of NOW, THEREFORE' Oro Valley, Arizona that Appendix "C" of the Town Council Parliamentary Rules & Procedures approved. Code of Conduct, is hereby pproved. c PASSED AND ADOPTED by Mayor and Town Council this 5th day of March, 2003. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: . ,. C. Kat 6 n Cuvelier, Town Clerk APPROVED AS TO FORM: / Oifs- ce,1„ To," Sidi-'., Interim Town Attorney ORDINANCE NO. (0) 00 -°9 AN ORDINANCE T E OF THE TOWN OF ORO VALLEY, ARIZONA RESCINDING ORDINANCE NUMBER (0) 96-05, WHICH ADOPTED THE T TOWN CO UNCIL POLICIES AND PROCEDURES, AND RE-ENACT THE POLICIES AND PROCEDURES BY RESOLUTION WHEREAS, on February 7, 1996, the Council did approve Ordinance No. (0) 96-05, which adopted the Town Council Policies and Procedures; and WHEREAS, the Town Council Policies and Procedures set standards for public meeting o neral council policyin the interest of effective and efficient government for conduct and for `e the Town of Oro Valley; and WHEREAS, the Councildetermined has to rescind Ordinance No. (0) 96-05 since an ordinance in to the is municipal corporation prescribing uniform and permanent rules relating a local law of a P P corporate affairs of the municipality; and WHEREAS, the Council has determined that it is in the best interest of the Town of Oro Valley that the Town CouncilPolicies and d Procedures be enacted by resolution due to its nature as a proposal for council action, which addresses administrative matters, executive matters, and statements of general council policy. NOW, THEREFORE, BE IT ORDAINED by the Mayor and the Council of the Town of Oro Valley, Arizona, as follows: SECTION 1. That Ordinance No. (0) 96-05 is hereby rescinded. SECTION 2. Pursuant to ARS § 41-1346, the governing body of each county, city, town, or other political subdivision shall maintain efficient record management for local public records and it has been determined that this Ordinance is a public record and three copies of said Ordinance are to remain on file in the office of the Town Clerk. All Oro ValleyOrdinances, Resolutions, or Motions and parts of Ordinances, SECTION 3. Resolutions, or Motions of the Council in conflict with the provisions of this Ordinance are hereby repealed. • phrase portion of this Ordinance is SECTION 4. If any section, subsection, sentence. clause, or held to be invalid or unconstitutional by the decision of any court of competent for any reason jurisdiction, such decision shall not affect the validity of the remaining portions thereof. Rescind(0)96-05 , (0)00-09 p.2II • 410 PASSED AND ADOPTEDby Mayor Ma yor and Town Council, the Town of Oro Valley, Arizona, this 16`h day of February, 2000. TOWN OF ORO VALLEY ATTEST: Paul H. Loomis, Mayor Oiv_ Ce_ 6AL4_Lica—:, Kathryk E. Cuvel i er, Town Clerk APPROVED AS TO FORM: AP 7 4 ::_ik„ i, ill '. Ir Dan L. Dudley, Town Attorney PUBLISH: Daily Territorial February 28, 29, March 1 , 2, 2000 VO POSTED: February 24 - March 25, 2000 I� rg Rescind CO)96-05 Nod RESOLUTION NO. (R) 00 - 19 A RESOLUTION OF THE TOWN OF ORO VALLEY, ARIZONA ADOPTING THAT DOCUMENT KNOWN AS THE "TOWN COUNCIL POLICIES AND PROCEDURES." WHEREAS, the Town Council has deemed it necessary to formally adopt policies and procedures governing the Council of the Town of Oro Valley; and WHEREAS, the Council is desirous of adopting the written policies and procedures in the interest of effective and efficient municipal government, attached hereto and incorporated herein by this reference. NOW,, THE T REFORE, BE IT RESOLVED by the Mayor and the Council of the Town of Oro Arizona that the certain document, known as the "Town Council Policies and Valley, Procedures,"" attached hereto as Exhibit A, is hereby adopted. PASSED AND ADOPTED by Mayor and Town Council, the Town of Oro Valley, Arizona, this 16`h day of February, 2000. TOWN OF ORO VALLEY ATTEST: � Paul H. LoomisMayor `..r.•. Kath E. Cuvelier, Town Clerk APPROVED AS TO FORM: #41111 & dL / .cam t_ _ ' IPan L. Dudley, Town Attorney Adopt Council Policies Policy No. 2 TOWN COUNCIL POLICY Date Adoption_08/15/90_ Date of Revision 01/06/99 REAFFIRMED 04/20/05 TITLE. COUNCIL/STAFF RELATIONSHIPS Page 1 of 2 Purpose and Need for Policy Therp u ose of this policy is to foster successful Council/staff p relationships to insure that the Council and staff work as a team in order to accomplish the goals and objectives set by the Council. II. Policy It is they olic of the Council to establish appropriate guidelines for p Council/staff relations to insure that the requests of staff by council members are: 1. Handled thoroughly and expeditiously. 2. Handled at the appropriate organizational level. 3. Handled with regard to the most efficient use of Town resources. III. Procedure to Accomplish Policy The Council should give instructions to the Town's staff in a manner according to the principles of the council/manager system. For example, assignments should be directed to the Town Manager and should originate from a consensus directive of the Council, not with individual Council members. Council members should contact staff directly only when the purpose is to communicate information; e.g., to report on conditions, describe ap roblem or request information. Council members should not contact staff with special project requests or utilize large blocks of staff time in order to pursue individual areas of interest. Meetings with staff should be arranged in advance, when practicable, through the Town Manager's Office. The Council should realize that only so much work can be undertaken at one time and should set clear priorities. Page 2 of 2 The Council should show ersonal and professional respect for staff, and a p staff member should never be reprimanded in public. If a problem arises, the Council should alert the manager who can then handle the situation quickly and privately. The Council should also respect the staff's administrative and technical expertise. Although it may not choose to accept a staff recommendation, there is no need to be harshly critical of the recommendation or to engage inp ersonal attacks on staff in order to justify selecting another course. W. Responsibility and Authority Council members shall be responsible for selecting the most appropriate method, consistent with this policy, of communicating with staff. The Town Manager shall be responsible for maintaining and monitoring an administrative system that accomplishes the stated purpose of this policy. APPROVED BY A MAJORITY OF THE TOWN COUNCIL Mayor DATE: TON COUNCIL POLICY I DATE Of 'TIM: 11/20/91 DATE Of REV I S 1 dl: SPECIAL MEETING POLICY Page 1 of 1 :1410�• I , purpose and Need for Policy The purpose of this policy is to declare Town Council Policy regarding re ardin Special Meetings in order to interview candidates for Town positions and volunteers for Town Boards and Commissions. II . Policy It is the policyof the Council to hold Special Meetings for the purposes of interviewing candidates for Town positions and volunteers for Town Boards and Commissions provide order to quality time for such interviews. Decisions are to be made at a regularly scheduled meeting unless special circumstances dictate otherwise. L— 1 III . Procedure to Accomplish Policy .i, When the circumstances dictate the Mayor shall call a Special Meeting of the Council . IV. Responsibility and Authority The Mayoris responsible for implementing this policy with the assistance of the Town Clerk. APPROVED BY THE TOWN COUNCIL: cic,,...7,42_x_<...i.77eYOR L DATE: November 20 , 1991 \•...r' (1/4— Policy No.(1/15/92) 4 TOWN COUNCIL POLICY Date Of Adoption: 5/6/92 Date of Revision 5/4/94 REAFFIRMED 05104/05 TITLE: USAGE OF TOWN HALL AND FACILITIES Page 1 of 4 Purpose and Need for Policy The purpose of this policy is to set forth procedures to respond, in a consistent manner, to requests for use of Town Hall and its facilities. II. Policy The Council Chamber, Courtyard and Amphitheater are available for use, subject to payment of hourly fee, scheduling limitations and use does not exceed 2 consecutive months in a 12 month period. Other areas (offices, staff and Council conference areas) are designated as working areas and are not available for use. All office and building space is subject to Council Approval and office space. Building assignments et cetera may be reassigned or reallocated at the sole discretion of the Town Council. III. Procedure to Accomplish Policy 1. Requests for reservations will be directed to the Town clerk who Will maintain a master calendar of reservations for meetings of the Town Council, boards and commissions, other committees/municipal functions and the public. 2. First priority for use of Town facilities shall be for Town meetings, Staff uses and other Town sponsored functions and activities. 3. Second priority for use of Town facilities shall be for meetings, functions and other activities sponsored by Town residents. 4. All reservations will be on a first come first served basis based upon the priority system detailed in items #1 and #2 of this Policy. Reservations cannot be scheduled for more than six (6) month in advance. 5. Use of Town facilities shall not exceed a total of 2 consecutive months in a twelve month period. 6. Smoking is not permitted in municipal buildings. alcohol beverages of any kind shall be allowed on municipal 7. No g property pp unless approved by the Town Council in accordance with State Liquor laws. 8. The Town of Oro Valley reserves the right to cancel any reservation previously scheduled by any organization. p 9. All non-town sponsored use of municipal facilities shall be by permit to be issued by the Town Clerk. permittee The shall accept the premises as is and shall restore thep remises used to the same condition at the end of use. The permittee shall make no changers or alterations to the premises withoutp rior written approval of the Town Clerk. The permittee shall be responsible for removing all litter and trash from the permitted area to suitable trash containers or off the premises. permit The includes the right of the permittee to use electricity from one (1) electrical outlet) 110 volts) in the area specified for thep ermit. The use of additional electrical outlets may be approved bythe Town Clerk on a case by case basis at the pp request of the permittee. permittee The shall be responsible to the Town for any and all to Town property on the area for which the permit is damage any issued including, but not limited to, sprinklers, grounds, plantings, walkways or buildings, whether or not the damage was caused by the permittee, or by patrons, guests or invitees. 13. permittee The shall allow appropriate Town, County or State Representatives to conduct any inspections which may be required or deemed necessary in this regard or to insure the public health, safety or general welfare. 14. The service of food, operation of concessions or the use of a Caterer in conjunction with any permitted use is subject to the prior written approval of the Town Clerk. The permittee is responsible to insure that any area which is used for these activities is cleaned up and restored to the condition it was in at the time the premittee took possession. permittee The shall be responsible for insuring that any and all persons furnishing food in connection with an event for which a permit is issued has complied with all state, county and local laws and regulations with respect to such activity. 16. As a condition of issuing a permit, the applicant shall furnish evidence of comprehensive general liability insurance in the kkire minimum amount of One million dollar ($1,000.000.00) The Town shall be named as an additional insured on the policy. A certificate of insurance, evidencing compliance with the Live requirements of this section, must be filed with the Town Clerk prior to the event for which the permit is issued. 17. Ape permit fee of $10.00 per hour shall be paid at the time the permit is issued. owned and used by the permittee shall be removed from 18. Property Town is not the municipal facility immediately after use. The T o responsibleproperty forbrought into the municipal facility, during or after use. 19. The authorized representative executing the permit application in consideration of receivingpermission to use municipal facilities for hems elf/herself and the organization represented by its members, releases the Town of Oro Valley, its Town Council, employees and agents from all claims and liability arising from or the use of municipal facilities, and agrees to indemnify and during hold harmless said released parties from all claims of any nature. 20. Permittee as a condition of use must agree to comply with the policies set forth herein and all other Town of Oro Valley codes and regulations. 21. The Chief of Police may require the hiring of off-duty officers upon his evaluation of the event or program to be held and based p � rs the anticipated occupant load. When off-duty office are required uired the (s)erson or organization sponsoring the event shall be p responsible for such expense. 22. Exits shall be unlocked and properly maintained during all permitted events. 23. Any decorative material used must be approved fire retardant materials. 24. Parkingshall not be allowed which would obstruct exits or ingress or emergency vehicles and personnel. 25. Tables and chairs must be arranged in order to provide safe exiting. 26. Other safetyrequirements may be required due to the nature of the event. 27. An approved sign permit must be obtained for all temporary signs before installation of such signs. use permit A facility shall not authorize the use of the name of "TheTown Oro Valley" in program publicity or automatically imply Y co-sponsorship. Nor shall any literature distributed relating to permitted use imply Town sponsorship unless the event is ( approved by the Town Council and specifically sponsored by the Town of Oro Valley. 29. Each permittee will be required to perform all clean-up and return the facility used to its original condition after use. If this requirement is not met the Town will perform the required work and bill the permittee for all costs incurred. 30. Upon approval of the permit the Town Clerk will issue keys to the buildings and restrooms as required. Permittee agrees not to duplicate these keys and to return them to the Town Clerk the day following facility use. 31. Violation of any of the rules and regulations so stated may result in the loss of future privileges to use municipal facilities. 32. Definitions: a. Residents are defined as individuals who live within the corporate boundaries of the Town of Oro Valley. IV. Responsibility and Authority The Town Clerk is responsible for implementing the policy of the Council. APPROVED BY A MAJORITY OF THE TOWN COUNCIL: Mayor 40) DATE: A R/ c) 414%14/-Vv &06:41,j) ( / 1/ / ► JNDE01f TOWN OF ORO VALLEY APPLICATION FOR PERMIT TO USE MUNICIPAL FACILITIES Name of Organization: Mailing Address: Person Responsible: Telephone: (Work) (Home) Date of Application: Municipal Facility Requested: Dates Requested: Time Requested to Type of Event: ' Estimated Number of Participants: Number of Hours: you used Town facilities within the last 12 months? If so, when Insurance Policy No... Insurance Agent: Key issued to: Telephone: Permit Fee Paid: Date that the authorized representative has read and Note: Signature below acknowledges g regulations outlined in Town Council Policy No. 4. agrees to abide by all rules and g Insurance Certification and payment of fees should be attached and submitted at the time of application. Make checks payable to Town of Oro Valley. Authorized Signature Date ‘ipoe Approved: Date Town Clerk Organization Name: RELEASE, HOLD HARMLESS AND INDEMNITY AGREEMENT FOR USE OF FACILITIES agrees to release and hold harmless Name) n and all (Organization employees and agents, from any• • Town of Oro Valley, its officers, g and indemnify the not limited to personal injury • • • actions, suits or damages including, but losses, liability, claims, or otherwise might be o ert damages which arise, result, g ma es (including death) or pr p y gThis Release, da g • • bythe Town of Oro Valley. to anyuse of the facilities provided to me attributable cause whatsoever, including negligence of and Indemnity Agreement includes any Hold Harmlesspersons ersons specified as being released above. any and all of THAT HE/SHE IS THE THE UNDERSIGNED CERTIFIESAGENT OF ITS BEHALF AND IS DULY ACTING ON THEIR/ IS ZED TO SIGN THIS RELEASE, HOLD HARMLESS AND INDEMNITY AGREEMENT AUTHORI UNDERSIGNED HAS READ THIS AGREEMENT FULLY, BEHALF. THE ON THEIR/ITS UNDERSTANDS ITS CONTENTS AND HAS VOLUNTARILY EXECUTED IT. ATED this day of 20 D (Signature) (Office Title) SUBSCRIBED AND SWORN to before me by day of 20 This Notary Public My Commission Expires: F:/forms/Town Hall Municipal facilities usage USAGE OF TOWN HALL AND FACILITIES Purpose and Need for Policy The purpose of this policyto set et forth procedures to respond, in a consistent manner, to requests for use of Town Hall and its facilities. Policy are available for use, subject to payment of Council Chamber, Courtyard and Amphitheater . The not exceed 2 consecutive months in a 12 month fee, scheduling limitations and use does . hourly areas) are designated as working areas staff and Council conference period. Other areas (offices, � Council approval and All office and building space is subject to pp and are not available for use. the sole et cetera may offices ace. Building assignments be reassigned or reallocated at p discretion of the Town Council. Procedure to Accomplish this Policy Requests for reservations will be directed to the Town Clerk who will maintain a master � ' q calendar of reservations for meetings of the Town Council, boards and commissions, other comms p 'ttees/munici al functions and the public. priority First for use of Town facilities shall be for Town meetings, staff uses and other Town sponsored functions and activities. priority Second for use of Town facilities shall be for meetings, functions and other activities sponsored by Town residents. come first served basis based upon the priority system 4 . All reservations will be on a firstthan Policy.detailed in items #1 and #2 thisof Reservations cannot be scheduled for more six (6) months in advance. 5. Use of Town facilities shall not exceed a total of 2 consecutive months in a twelve month period. 6. Smoking permitted is not in municipal buildings. 7. No alcoholic beverages of any kind shall be allowed on municipal property unless approved by the Town Council in accordance with State Liquor Laws. to cancel any The Town of Oro Valley reserves the right y reservation previously scheduled by any organization. F:/forms/Town Hall Municipal facilities usage (8... 9. All non-Town sponsored use of municipal I ici al faci{ities shall be by permit to be issued by the I Town Clerk. 10. Theermittee shall accept the premises as is and shall restore the premises used to the p same condition at the end of use. The permittee shall make no changes or alterations to • approval of the Town Clerk. The permittee shall be thepremises without prior written pp • trash from the ermined area to suitable trash for removing all litter and p responsible containers or off the premises. ' permittee to use electricity from one (1) electrical outlet Thepermit includes the right of the . , 11. • • permit. The use of additional electrical outlets may in the area specified for the(110 volts) the request st of thepermittee. be approved by the Town Clerk on a case by case basis at q responsible to the Town for any and all damage to any Town 12. The permittee shall be ro which thepermit is issued including, but not limited to, sprinklers, property in the area for buildings, whether or not the damage was caused by the grounds, plantings, walkways or p permittee, or by patrons, guests or invitees. Town, county or state representatives The permittee shall allow appropriate to conduct anythe inspectionsbe required or deemed necessary in this regard or to insure which may q public health, safety or general welfare. 14. The service of food, operation of concessions or the use of a caterer in conjunction with to the written approval of the Town Clerk. The permittee any permitted use is subject prior is responsible to insure that anyarea which is used for these activities is cleaned up and restored to the condition it was in at the time the permittee took possession. ' le for insuringthat any and all persons furnishing food in 15. Thepermittee shall be responsible , permit is issued has complied with all state, county connection with an event for which a and local laws and regulations with respect to such activity. 16. As a condition of issuing a permit, the applicant shall furnish evidence of comprehensive general • • minimum amount of One million dollars ($1,000,000.00). liability insurance in the additional insured on the policy. A certificate of The Town shall be named as anit with the requirements of this section, must be filed with insurance, evidencing compliance q the Town Clerk prior issued. the event for which the permit is per hour shall be paid at the time the permit is issued. 17. A permit fee of $10.00 permittee Property owned and used by the shall be removed from the municipal facility immediately after use. The Town is not responsible for property brought into the municipal facility, during or after use. 19. The authorized representative permit executingthe application in consideration of use municipal facilities for himself/herself and the organization receiving permission to p tubers releases the Town of Oro Valley, its Town Council, represented by its me , F:/forms/Town Hall Municipal facilities usage claims and liabilityarising from or during the use of employees and agents from all , and hold harmless said released parties from facilities, and agrees to indemnify municipal all claims of any nature. agree to comply 20. Permittee as a condition of use mustg p Y with the policies set forth herein and all other Town of Oro Valley codes and regulations. • the hiringof off-dutyofficers based upon his evaluation of 21 . The Chief of Police may require held and the anticipated occupant load. When off-duty officers the event or program to be p are required the person(s) or organization sponsoring the event shall be responsible for g p such expense. 22. Exits shall be unlocked and properly maintained during all permitted events. 23. Any decorative material used must be approved fire retardant material. 24. Parking shall not be allowed which would obstruct exists or ingress or emergency vehicles and personnel. 25. Tables and chairs must be arranged in order to provide safe exiting. 26. Other safety requirements maybe required due to the nature of the event. 27. An approved sign permit must be obtained for all temporary signs before installation of such signs. not authorize the use of the name of "The Town of Oro Valley" in 28. A facility use permit shall . or automaticallyimply co-sponsorship. Nor shall any literature program publicity permitted relating to use imply Town sponsorship unless the event is approved ncil and specifically sponsored by the Town of Oro Valley. by the Town Cou p required to perform all clean-up and return the facility used to its 29. Each permittee will be original condition after use. If this requirement is not met the Town will perform the required work and bill the permittee for all costs incurred. 30. Upon approval of the permit the Town Clerk will issue keys to the buildings and restrooms g as required. Permittee agrees not to duplicate these keys and to return them to the Town Clerk the day following facility use. 31. Violation of any of the rules and regulations so stated may result in the loss of future privileges to use municipal facilities. 32. Definitions: Residents are defined as individuals who live within the corporate boundaries of the Town of Oro Valley. F:/forms/Town Hall Municipal facilities usage I I � r- *************************a*********aaa*aa******aaaa************************ FACILITIES USE FES SCHEDULE FACILITY III Council Chambers $ 10. 00 per hour $100. 00 per day Council Chambers w/P.A. System $ 12 .00 per hour $125. 00 per day Courtyard $ 10.00 per hour $100. 00 per day Amphitheater $ 10. 00 per hour $100. 00 per day ************************************ **************************************** Signature below acknowledges that the authorized representative has read and agrees to abide byall rules and regulations outlined in Town Council Policy 4111,No. 3 , which is attached hereto. Authorized Representative: Date : Approved: Date: . APP Town Clerk Policy No. 5 TOWN COUNCIL POLICY Date Adoption_09/06/05_ Date of Revision 05/04/05 TITLE: ADVISORY BOARD; COMMISSIONS; AND COMMITTEE RELATIONSHIPS WITH TOWN COUNCIL AND STAFF Page 1 of 2 I. Purpose and Need for Policy Thep �u ose of this policy is to foster successful Advisory Board & Committee relationships with staff to enable such Boards to fulfill their goals and objectives in accordance with Town Council directives. This policyis needed to promote effective communication between Advisory Boards and staff and to enable such Boards & Committees to utilize staff expertise efficiently. II. Policy It is the policy of the Council to establish appropriate guidelines for Advisory Board & Committee/staff relations to insure that the requests of staff by Advisory Boards & Committees are: 1. Handled thoroughly and expeditiously. 2. Handled at the appropriate organizational level. 3. Handled with regard to the most efficient use of Town resources. III. Procedure to Accomplish Policy Advisory Boards & Committees should contact Town staff,via staff liaisons, as designated by the Town Council or Town Manager. Advisory Boards & Committees should contact such liaisons when the purpose is to communicate information, e.g., re to ort on conditions, describe a problem p or request information. Assignments requiring staff time should be directed to the Town Manager and should originate from a consensus directive of the Advisory Board or Committee. Members of Boards & Committees should not contact staff with special project requests or utilize large blocks of staff time. Meetings involving staff should be scheduled in advance through the Town Manager's Office. Page 2 of 2Lor The Advisory Boards & Committees should show personal and professional respect for Council and staff, and recognize staff's administrative and technical expertise. Although such Boards or Committees may disagree with a Council or staff recommendation there is no need to be harshly critical or to engage in personal attacks on Council or staff. N. Responsibility and Authority Advisory Boards & Committee Chairs shall be responsible for communicating this policy to its members. The Town Manager shall be responsible for maintaining and monitoring an administrative system that accomplishes the stated purpose of this policy. APPROVED BY A MAJORITY OF THE TOWN COUNCII, ayor DATE: .//0' (16-, Policy No. 6 TOWN COUNCIL POLICY Date Of Adoption: 03/05/97 Date of Revision REAFFIRMED: 04/20/05 TITLE:• UNBUDGETED EXPENDITURES Page 1 of 1 I. Purpose and Need for Policy Thep �u ose of this policy is to ensure that expenditures not previously budgeted for will receive a majority vote of approval from the Council, prior to issuance of payment. II. Policy The Town Council shall be responsible for approving any and all requests for expenditures, not in the Town's budget. The Town Manager shall be the responsible party in bringing forth such requests. III. Procedure to Accomplish Policy All requests for expenditures, not budgeted for in the Town's budget, shall be forwarded to the Town Manager. Upon review, the Town Manager will forward said request(s) to the Town Council for approval. It shall be the decision,by way of a majority vote of the Council, to either approve or disapprove said requests for expenditure. IV. Responsibility and Authority The Town Manager is responsible for implementing this Policy of the Council. APPROVED BY A MAJORITY OF THE MAYOR AND COUNCIL: Mayor DATE: e /° o 4111w Policy No. 7 TOWN COUNCIL POLICY Date Of Adoption: 08/19/98 Date of Revision REAFFIRMED: 05/04/05 TITLE. FOOD POLICY FOR TOWN MEETINGS Page 1 of 2 Purpose and Need for Policy The purpose of thispolicy to determine when Town Officials are p rp authorized to order food at town expense for town meetings that qualify forgostin in accordance with the Open Meeting Law. p II. Policy policy It is the olic of the Town Council of Oro Valley that food for town officialsat public ublic meetings will only be authorized for official town kiwg of meetings that are held at Town Hall by the Town Council or members advisoryboards/commissions/committees/task forces of the Town Councils as follows: Meetings between 7:00 am and 9:00 am Meetings between 11:00 am and 1:00 pm Meetings between 5:00 pm and 7:00 pm The amountper person erson for each meal authorized above shall follow the per diem limits established by the Arizona State Government. to the above policy shall be those meetings that continue Exception throughout the business dayas determined by those responsible for g accom lishin this policy as outlined in Section IV below. accomplishing III. Procedure to Accomplish Policy The procedure to accomplish this policy will involve the public official responsible for accomplishing this policy to work with the appropriate f member to determine which meetings meet the criteria of this support staff policy. Page 2 of 2 IV. Responsibility to Accomplish Policy For Town Council meetings, it is the responsibility of the Agenda Committee to accomplish this policy. For Town Advisory Board/Commissions/Committees/Task Forces, it is the responsibility of the Chair person for that particular group to accomplish this policy. APPROVED BY A MAJORITY OF THE TOWN COUNCIL: Mayor DATE: �/� ,--' Policy No. 8 TOWN COUNCIL POLICY Date Of Adoption Date of Revision TITLE: COUNCIL LIAISON TO BOARDS AND COMMISSIONS Page 1 of 2 Purpose and Need for Policy The purpose of this policy is to define the position of Council Liaison to Boards and Commissions. The position of Council Liaison was created in order to allow council members the opportunity to bring Council adopted policies to a particular board or commission, and keep the Town Council informed as to the actions of that advisory group. II. Policy It is the policy of the Town Council to establish or improve the lines of communication between Boards and Committees and the Town Council. Therefore, it shall be the policy of the Town Council to assign amongst themselves liaisons to the various Council appointed Boards and Committees. The Liaison will attend the meetings of the Board or Committee for which he has been assigned and represent the Council as a whole. The Liaison will then inform the Mayor and Town Council members of discussions or events which occurred at said meetings. Communication may be in the form of Council Reports (at regular meetings), written memorandum or e-mail. It is the intent of this Policy that when so requested, the Council Liaison provide Board and Committee members with the goals and objectives of the Council as a whole. It should also be noted that when requested, the Liaison provide the Council with the opinions and objectives of the Board or Committee members. It should be clear that the Council Liaison shall not be a voting member of the Board or Committee for which he is assigned and shall not to use this position to either direct or influence members of the respective Board or Committee at any time. III. Procedure to Accomplish Policy The Council Liaison will attend all meetings of the Advisory Boards or Committees to which he has been appointed. Following the meeting, the Liaison shall prepare a summarization of the events which occurred and inform the Mayor and Town Council of same. If the Council Liaison is unavailable to attend said meeting, he shall make contact with the Chair 1111101 or Staff Support for that Board or Commission to obtain the necessary 460 information. IV. Responsibility to Accomplish Policy It is the responsibility of the appointed Council Liaison to a Board or Committee to accomplish this policy. APPROVED BY THE TOWN COUNCIL: Mayor DATE: 41— - 00 410 Policy No. 9 TOWN COUNCIL POLICY Date Adoption 10/16/02 Date of Revision TITLE: COUNCIL LIAISON TO AMPHITHEATER SCHOOL DISTRICT GOVERNING BOARD Page 1 of 1 Purpose and Need for Policy The purpose of this policy is to maintain and improve communication between the Oro Valley Town Council and the Amphitheater School District Governing Board, thereby establishing the position of Council Member Liaison to the Amphitheater School District Governing Board. II. Policy The Council Member Liaison will §A— review the Amphitheater Governing Board's regular monthly meeting agendas, as forwarded by the Town Clerk's office. Liaison's attendance 411111 at School Board meetings will be on an "as needed" basis as determined by the Liaison. §B - inform the Amphitheater Superintendent of issues or matters t that the Council is considering that may impact the District, i.e., rezonings, road construction projects, etc. §C - inform the other Oro Valley Town Council members of actions contemplated or taken by the Amphitheater School Board as they deem appropriate. §D - meet quarterly with the Town Manager, the Amphitheater School District Superintendent, and President of the Amphi Board to discuss subjects of mutual interest, such as establish Intergovernmental Agreements as needed; promote joint-use facilities when possible; address health and safety issues; and help identify future school sites based upon community needs and specific criteria outlined by the District; and create a working group (or committee) as deemed necessary. APPROVED BY THE TOWN COUNCIL: Mayor Paul H. Loomis 1111101 Date: ,,V7/0,,— Policy No. 10 TOWN COUNCIL POLICY Date Adoption: 04/02/03 Date of Revision REAFFIRMED: 04/20/05 TITLE TOWN COUNCIL, ADVISORY BOARDS AND COMMISSION MEMBERS SITE TOURS Pagel of2 1. Purpose and Need for this Policy Thep �u ose of this policy is to establish a protocol for Site Tours to prevent violations of the Open Meetings Law. II. Policy Town Council, Advisory Boards and Commission Members will observe the following when on Site Tours: A Site Tour is a"tour" only and not a public meeting. If more than two (2) Town Council, Advisory Board or Commission Members are present on a Site Tour, proper protocol is that Members may only listen to information given and only ask questions to clarify what exists on the proposed plan. Any discussion, deliberation and possible action regarding changes to the plan must be reserved for a regularly scheduled meeting. III. Other Information Attached is a "Sample" regarding Public Notice to be used for the Town Council, Advisory Boards and Commission Members Site Tours. APPROVED BY A MAJORITY OF THE TOWN COUNCIL: Mayor Paul H. Loomis Date: 6-iv -0- Town Council Policy No.10 Office of the Town Attorney/ca 031903 Page 2 of 2 "SAMPLE" NOTICE OF PUBLIC TOUR TOWN OF ORO VALLEY TOWN COUNCIL Notice is hereby given to the members of the Town of Oro Valley Town Council and to the general public, that the Town of Oro Valley Town Council will hold a tour open to the public on March 18, 2003, at 9:00 a.m. located at the Kachina Conference room, 11000 N. La Canada Drive, Oro Valley, Arizona 85737. A quorum of the full Town of Oro Valley Town Council may be present. This is a tour only and not a meeting. There may be information provided and/or questions and answers during the tour. Discussion and possible action will take place at a regularly scheduled meeting. The itinerary for the tour is as follows: Sample Itinerary in Table Format 9:00 a.m. Tour participants arrive at the Kachina khige Conference Room, 11000 N. La Canada Drive, Oro Valley, Arizona for transportation to the Naranja Town Site property 9:15 a.m. Tour Naranja Town Site 9:45 a.m. Return to 11000 N. La Canada Drive, Oro Valley, Arizona For further information, call Kathryn Cuvelier, Town Clerk, at (520) 229-4700. For reasonable accommodations, call Kathryn Cuvelier, Town Clerk, at (520) 229-4700. Date of Publication TOWN COUNCIL POLICY tor Policy No. 11 Date of Adoption: 11/17/04 Date of Revision: 05/04/05 TITLE: STANDARD REQUEST UEST FORM AND BASIC INFORMATION Q NECESSARY FOR A MEMBER OF THE TOWN COUNCIL TO REQUEST AN ITEM ON THE TOWN COUNCIL AGENDA Purpose and Need for Policy this policyis to establish a standard request form and basic The purpose of information necessaryfor a member of the Town Council to place an item on a future Town Council agenda; sufficient information to allow staff to prepare a Council Communication on the agenda item; and prevent violations of the Open Meeting Law. II. Lolicy kiry To ensure that all items requested by Town Council members to be on future Town Councilagendasare complete, in proper order and have sufficient information contained in the request for an adequate Council Communication drafted bythe Town staff it will require Town Council Members to to be provide the basic information relating to their request as outlined in attached Exhibit "A" ("Sample"). III. Procedure Town Council members requesting agenda items for future Town Council meetings shall identifythe reasons this agenda item is being requested. (Exhibit "A"- "Sample") APPROVED BY A MAJORITY OF THE TOWN COUNCIL: Mayor Date: tor TOWN COUNCIL AGENDA REQUEST FORM DATE OF REQUEST: COUNCIL MEETING DATE REQUESTED: COUNCIL MEMBER REQUESTING: COUNCIL MEMBER SECONDING REQUEST: AGENDA ITEM TITLE: kire REASON AGENDA ITEM IS BEING REQUESTED: • tntra-Council/Council-S v f communication- How to improve the results? (Example of Intra-Council: When a Council Member attends a conference, he or she needs to complete a trip report and forward it to the rest of the council. Example of • Council-Staff: If a staff member and a Council Member are scheduled to meet with a significant individual, the other Council Members need to know before the meeting or immediately after the meeting, so they are aware of the situation). (Submitted by Council Member Dankwerth) Policy No. 2 TOWN COUNCIL POLICY Date Adoption 08/15/90_ Date of Revision 01/06/99 REAFFIRMED 04/20/05 TITLE: COUNCIL/STAFF RELATIONSHIPS Page 1 of 2 Purpose and Need for Policy Theose u of thispolicy is to foster successful Council/staff p � relationships to insure that the Council and staff work as a team in order to accomplish the goals and objectives set by the Council. II. Policy It is theolic of the Council to establish appropriate guidelines for p y Council/staff relations to insure that the requests of staff by council members are: 1. Handled thoroughly and expeditiously. 2. Handled at the appropriate organizational level. g 3. Handled with regard to the most efficient use of Town resources. III. Procedure to Accomplish Policy The Council should give instructions to the Town's staff in a manner according principles to the rinci les of the council/manager system. For example, assignments should be directed to the Town Manager and should originate the a consensus directive of the Council, not with individual Council members. Council members should contact staff directly only when the purpose is to communicate information; e.g., to report on conditions, describe ap roblem or request information. Council members should not contact staff with special project requests or utilize large blocks of staff time in order to pursue individual areas of interest. Meetings with staff should be arranged in advance,when practicable, through the Town Manager's Office. The Council should realize that only so much work can be undertaken at one time and should set clear priorities. Page 2 of 2(41, The Council should show personal and professional respect for staff, and a staff member should never be reprimanded in public. If a problem arises, the Council should alert the manager who can then handle the situation quickly and privately. The Council should also respect the staff's administrative and technical expertise. Although it may not choose to accept a staff recommendation, there is no need to be harshly critical of the recommendation or to engage in personal attacks on staff in order to justify selecting another course. N. Responsibility and Authority Council members shall be responsible for selecting the most appropriate method, consistent with this policy, of communicating with staff. The Town Manager shall be responsible for maintaining and monitoring an administrative system that accomplishes the stated purpose of this policy. APPROVED BY A MAJORITY OF THE TOWN COUNCIL Mayor DATE: Si/5"— kb, TOWN OF ORO VALLEY STANDARD OPERATING PROCEDURE • SOP No.: 5 Date Issued: May 1, 1991 SUBJECT: TRAVEL AND TRAINING; excerpt Effective Date: February 6, 1999 Cancellation Date: Supersedes No.5: January 1, 1999 COPIES TO: Town Council and all Department Heads POLICY: The policy of the Town of Oro Valley is to encourage training opportunities for public officials so that their services rendered to the Town will be make more effective. Attendance at conferences, seminars,meetings, and conventions which would be of direct benefit to the Town will be authorized consistent with the budget and the guidelines as set out in this procedure. PROCEDURE: Travel and Expense Report Administration 1. Registration Fees 2. Transportation Costs 3. Lodging 4. Meals 5. Long Distance Telephone Calls 6. Use of Town Credit Cards 7. Trip Report It shall be the responsibility of each public official traveling on Town business to submit a one-page trip report either to their immediate Town supervisor or the Town Manager within two weeks (fourteen days)upon return from any trip that requires overnight lodging. This shall be the only circumstance in which this report shall be necessary. This trip report shall include the purpose of the trip, who the public official met with, and information that was obtained that is of value to the rest of the Town. 8. Responsibility 9. Exceptions 10. Out of State Travel Procedures for evaluating Town SLaff that reports to the ii wn Council (Submitted by: dice-Mayor Gi(Iasp le) tir 141100. 4 OHO Lke#4,. 1 �_ TOWN OF ORO VALLEY fA ;rte'A MANAGER EVALUATION °UNDED A91 Name: Date: Position: TOWN MANAGER Dept: Manager's Period from to I. EMPLOYEE RELATIONS Does the Manager exercise proper supervision? Does he encourage initiative? Are employee activities properly coordinated for the good of the organization? Is he perceived as being fair and objective? Does he have the respect of employees? Does he offer incentives for improved performance? Are there a large number of employee grievances? Does he effectively use the chain of command? Does he delegate work to improve employee performance? Is adequate training provided? Is he available for employee guidance? 4110 • Leads by direction and example • Timeliness of Performance appraisals •Models organizational values [ ] Exceeds Expectations -Is clearly an exceptional leader. Provides clear,concise and focused guidance to their subordinates. Completes all reviews in a timely and exceptional manner. Stimulates a team spirit within their work group. [ ] Meets Expectations - A seasoned leader who provides guidance and support to their subordinates in a manner which ensures that team spirit and productivity meet all departmental expectations. A majority of performance appraisals are done on time. [ ] Development Needed - While a majority of the incumbent's efforts are focused and producing results, occasionally may need to readdress supervisory perspective. A majority of performance appraisals are late and/or cursory in nature. [ Unacceptable - Clearly struggling in ensuring that subordinates are provided with clear, ] p concise goals and objectives. Subordinates are lacking in tools or motivation. Reviews are routinely late and abbreviated. Comments: Town Manager Evaluation Employee Name: Chuck Sweet 11111110 Page 2 II. COUNCIL RELATIONS Does the Manager maintain effective communications with the Council, both verbally and in writing? Is the Council kept informed of major issues? Does he recognize the Council as his � employer? Are Council requests responded to promptly and accurately? Is he available to the � sensitive Council, either personally or through designated subordinates? Is he sensitive to Council concerns? Does herovide adequate leadershipfor the Council on major issues? Are materials provided in p q the most clear, concise, and comprehensive manner possible? Does he deal with the Council as a team? Does he properly avoid "politics" and any indication of favoritism or partisanship? • Effective Communicator •Responsive to Council requests • apolitical Exceeds Expectations - Extremely effective communicator both verbally and orally on major issues facing the town. Always willing to assume leadership roles on major issues when requested by the Town Council. Always avoids becoming embattled in "politics". Meets Expectations - Very good communicator both verbally and orally with the Town Council on major issues facing the town. Consistently recognizes the Town Council as his y emp to er. Constantly striving to keep the Town Council informed in a clear understandable form. Works very hard at avoiding political situations. [ Development Needed - Usually responds to Town Council in a timely manner, but is � p sometimes slow in getting the information to the Town Council in a timely manner. Is unsure when to provide the necessary leadership on major issues. Sometimes becomes embroiled in local political situations. [ ] Unacceptable - Slow in responding to Town Council concerns, or does not respond at all. Does not understand what situation require Town Council attention and what matter are administration in nature only. Provides no administrative leadership on major issues facing the community. Always involved in the political arena where he doesn't belong. Comments: Town Manager Evaluation Employee Name: Chuck Sweet atope Page 3 III. PUBLIC/COMMUNITY RELATIONS Does the Manager exhibit an attitude and feeling of helpfulness, courtesy and sensitivity to the public? Has he established an image of the Town to citizens that represents service and professionalism? Does he maintain contact with citizens and organizations involved in areas of concern that relate to service or activities of the Town? Is he perceived as being available to citizens and sincerely interested in the community? Is he regarded as a man of high integrity and ethical conduct? Is he involved in community activities? • Responsiveness • Sincerity • Difficult people • Extra effort to help [ ] Exceeds Expectations - Always tries to satisfy the customer. Extremely responsive, especially good with difficult people and problems. Consistently gives extra effort to help citizens. [ ] Meets Expectations - Very responsive. Often goes the "extra mile" to help citizens, and is responsive in both a timely and complete manner. Consistently courteous and sincere. [ ] Development Needed - While usually responsive, courteous and sincere, is sometimes unresponsive or appears to be discourteous to citizens. [ ] Unacceptable - Often unresponsive or discourteous. Appears to be disinterested in the needs of citizens. Is usually selective about who is helped and who is not. Comments: ee Name: Chuck Sweet Town Manager Evaluation Employee Page 4 W. PRESS RELATIONS Is he available to the press? Does he accurately report Town activities to the news media? Does he recognize the importance of good press relations? Does he keep the press adequately informed of Town government activities? Is he perceived as being honest and open? • Positive Press relations • Honest with media • Accurate Media reporting [ ] Exceeds Expectations - Always is available to the press even on short notice. Consistently takes it upon himself to keep the media informed on Town government activities. Perceived by all forms of media to be an honest and sincere individual. [ ] Meets Expectations - Is usually available to the media. Has a complete understanding of how important media relations are for the Town and Town Council. Keeps the media informed on town government activities on a regular basis. Is perceived by most media forms as being an honest and sincere administrator. [ ] Development Needed - Generally has good relationships with the media. At times appears to not have a complete understanding of the importance of good media relations for the 410 town. Usually perceived as an honest individual by the media, but on occasion has been accused by the media of not being truthful and dependable. [ ] Unacceptable - Has not established positive press relationships with the media. Does not have an acceptable understanding of the importance of good media relationships for the town and Town Council. Is always under attack by the media regarding his integrity and accessibility. Comments: Town Manager Evaluation Employee Name: Chuck Sweet 111Ni. Page 5 V. ORGANIZATIONAL MANAGEMENT Does he plan and organize work that carries out policies adopted by Council? Does he develop reasonable and informed recommendations? Does the organization function effectively and efficiently? Does he recognize the need for change and recommend appropriate solutions? Are staff reports developed on time and are they of good quality? Does he provide sufficient leadership and direction? Is there proper coordination among departments? • Planning • Time management • Prioritization • Organization of work [ ] Exceeds Expectations - Consistently plans activities and manages time extremely well. Always knows what priorities are. Keeps work environment well-organized. [ ] Meets Expectations - Good at planning and managing time. Work area is usually well- organized. Usually maintains and works from a current list of activities and priorities. [ ] Development Needed - While generally plans and manages activities efficiently, may sometimes fail to plan projects or new work assignments adequately. Work area is often unorganized. [ ] Unacceptable - Consistently fails to plan, and time is poorly managed. Seldom knows which priorities are essential. Work area is usually unorganized, further contributing to the problem. Comments: Town Manager Evaluation Employee Name: Chuck Sweet Page 6 VI.LONG RANGE PLANNING Does he maintain a knowledge of new technologies, methods, etc.? Does he anticipate community needs and prepare reasonable recommendations to meet those needs? Does he plan, organize, and maintain a process for establishing community goals? Does he adequately monitor and report on on-going activities? Does he have a vision for the future of the community consistent with Council policy? •Annual and long-term direction • Commitment [ ] Exceeds Expectations - Has very well defined goals and objectives, some of which are significant and not easily attainable. Makes excellent progress in all areas. Completes many simpler goals. Demonstrates a strong personal commitment to meeting objectives. [ ] Meets Expectations - Has a complete set of goals and objectives, and frequently adjusts or monitors progress. Makes very good progress towards objectives. Has made a serious commitment. ( ] Development Needed - While maintains goals and objectives, and may make limited 411110 progress, sometimes fails to make much headway on one or more goals or objectives. [ ] Unacceptable - Has not established realistic goals or objectives, or has exhibited a serious lack of commitment to completing them. Has made little or no progress. Comments: Town Manager Evaluation Employee Name: Chuck Sweet kir Page 7 VII. PERSONAL/PROFESSIONAL DEVELOPMENT Does he attend professional conferences and seminars to increase his ability to serve the Town? Does he maintain close working relationships with other professional government administrators? Is he energetic and willing to spend whatever time is required to do a good job? Is there a proper balance between personal, family, and professional commitments? •Enthusiasm •Initiative •Job knowledge • Commitment • Self-improvement Exceeds Expectations -Very enthusiastic. Shows great initiative for new ideas, and ways to better oneself, work products, and the workplace. Consistently strives to be the best he/she can be. [ ] Meets Expectations - Enthusiastic and positive. Persistent and committed to improving skills and abilities. Shows initiative in obtaining training outside of normal hours. [ ] Development Needed - Shows interest in work, and participates in training, but may sometimes display an occasional lack of dedication, development of judgment, initiative or knowledge. %1010 [ ] Unacceptable - Frequent lack of interest in the job and the workplace. Little or no personal focus on development, leading to a pattern of falling behind in knowledge and technical competence. Comments: o%Of QoPLLEY qR/�o�7 All � h,:,`� TOWN OF ORO VALLEY 4fttv 1 , -N- AA ---�ti, '� POLICE CHIEF EVALUATION FUNDED,9l A Name: Date: Position: Police Chief Dept: Police Period from to I. EMPLOYEE RELATIONS Does the Chief exercise proper supervision? Does he encourage initiative? Are employee activities properly coordinated for the good of the organization? Is he perceived as being fair and objective? Does he have the respect of employees? Does he offer incentives for improved performance? Are there a large number of employee grievances? Does he effectively use the chain of command? Does he delegate work to improve employee performance? Is adequate training provided? Is he available for employee guidance? 40 • Leads by direction and example • Timeliness of Performance appraisals •Models organizational values [ ] Exceeds Expectations- Is clearly an exceptional leader. Provides clear,concise and focused guidance to subordinates. Completes all reviews in a timely and exceptional manner. Stimulates a team spirit within their work group. [ ] Meets Expectations -A seasoned leader who provides guidance and support to subordinates in a manner which ensures that team spirit and productivity meet all departmental expectations. A majority of performance appraisals are done on time. [ ] Development Needed - While a majority of the incumbent's efforts are focused and producing results, occasionally may need to readdress supervisory perspective. A majority of performance appraisals are late and/or cursory in nature. [ ] Unacceptable - Clearly struggling in ensuring that subordinates are provided with clear, concise goals and objectives. Subordinates are lacking in tools or motivation. Reviews are routinely late and abbreviated. Comments: Employee Name: Daniel G. Sharp Police Chief Evaluation �'P Page 2 II. COUNCIL/MANAGER RELATIONS Does the Chief maintain effective communications with the Council and the Town Manager, both verbally and in writing? Are the Council and Manager kept informed of major issues? Does he recognize the Town Manager as his employer and the unique relationship between the Council and Police Department? Are Council requests responded to promptly and accurately? Is he available to the Council, either personally or through designated subordinates? Is he sensitive to Council concerns? • Effective Communicator • Responsive to Council requests • apolitical [ ] Exceeds Expectations - Extremely effective communicator both verbally and orally on major issues facing the Town/Department. Always willing to assume leadership roles on major issues when necessary. Always avoids becoming embattled in "politics". [ ] Meets Expectations - Very good communicator both verbally and orally with the Town Council on major issues facing the town. Consistently recognizes the Town Manager as his employer. Constantly striving to keep the Town Council informed in a clear understandable form. Works very hard at avoiding political situations. 11.10 [ ] Development Needed - Usually responds to Town Council in a timely manner, but is sometimes slow in getting the information to the Town Council in a timely manner. Is unsure when to provide the necessary leadership on major issues. Sometimes becomes embroiled in local political situations. [ ] Unacceptable- Slow in responding to Town Council concerns, or does not respond at all. Does not understand what situations require Town Manager/Council attention and what matters are administration in nature only. Provides no administrative leadership on major issues facing the community. Always involved in the political arena where he doesn't belong. Comments: Police Chief Evaluation Employee Name: Daniel G. Sharp kkasoo' Page 3 III. PUBLIC/COMMUNITY RELATIONS Does the Chief exhibit an attitude and feeling of helpfulness, courtesy and sensitivity to the public? Has he established an image of the Town to citizens that represents service and professionalism? Does he maintain contact with citizens and organizations involved in areas of concern that relate to service or activities of the Town? Is he perceived as being available to citizens and sincerely interested in the community? Is he regarded as a man of high integrity and ethical conduct? Is he involved in community activities? • Responsiveness • Sincerity • Difficult people • Extra effort to help [ ] Exceeds Expectations - Always tries to satisfy the customer. Extremely responsive, especially good with difficult people and problems. Consistently gives extra effort to help citizens. [ ] Meets Expectations - Very responsive. Often goes the "extra mile" to help citizens, and is responsive in both a timely and complete manner. Consistently courteous and sincere. [ ] Development Needed - While usually responsive, courteous and sincere, is sometimes unresponsive or appears to be discourteous to citizens. [ ] Unacceptable - Often unresponsive or discourteous. Appears to be disinterested in the needs of citizens. Is usually selective about who is helped and who is not. Comments: Police Chief Evaluation Employee to ee Name: Daniel G. Sharp I� %1110 Page 4 N. PRESS RELATIONS Is he available to the press? Does he accurately report Department activities to the news media? Does he recognize the importance of good press relations? Does he keep the press adequately informed of activities? Is he perceived as being honest and open? • Positive Press relations • Honest with media • Accurate Media reporting [ ] Exceeds Expectations - Always is available to the press even on short notice. Consistently takes it upon himself to keep the media informed on Department activities. Perceived by all forms of media to be an honest and sincere individual. [ ] Meets Expectations - Is usually available to the media. Has a complete understanding of how important media relations are for the Town. Keeps the media informed on Department activities on a regular basis. Is perceived by most media forms as being an honest and sincere administrator. [ ] Development Needed - Generally has good relationships with the media. At times appears 41110 to not have a complete understanding of the importance of good media relations for the Town. Usually perceived as an honest individual by the media, but on occasion has been accused by the media of not being truthful and dependable. [ ] Unacceptable - Has not established positive press relationships with the media. Does not have an acceptable understanding of the importance of good media relationships for the Town. Is always under attack by the media regarding his integrity and accessibility. Comments: 410 Police Chief Evaluation Employee Name: Daniel G. Sharp %MO Page 5 V. ORGANIZATIONAL MANAGEMENT Does he plan and organize work that carries out policies adopted by Council? Does he develop reasonable and informed recommendations? Does the organization function effectively and efficiently? Does he recognize the need for change and recommend appropriate solutions? Are staff reports developed on time and are they of good quality? Does he provide sufficient leadership and direction? Is there proper coordination within the Department? • Planning • Time management • Prioritization • Organization of work [ ] Exceeds Expectations - Consistently plans activities and manages time extremely well. Always knows what priorities are. Keeps work environment well organized. [ ] Meets Expectations - Good at planning and managing time. Work area is usually well organized. Usually maintains and works from a current list of activities and priorities. [ ] Development Needed - While generally plans and manages activities efficiently, may sometimes fail to plan projects or new work assignments adequately. Work area is often unorganized. 4110 [ ] Unacceptable - Consistently fails to plan, and time is poorly managed. Seldom knows which priorities are essential. Work area is usually unorganized, further contributing to the problem. Comments: Police Chief Evaluation Employee Name: Daniel G. Sharp %10 Page 6 VI.LONG RANGE PLANNING Does he maintain knowledge of new technologies, methods, etc.? Does he anticipate community needs and prepare reasonable recommendations to meet those needs? Does he plan, organize, and maintain a process for establishing community goals? Does he adequately monitor and report on on-going activities? Does he have a vision for the future of the community consistent with Council policy? •Annual and long-term direction • Commitment [ ] Exceeds Expectations - Has very well defined goals and objectives, some of which are significant and not easily attainable. Makes excellent progress in all areas. Completes many simpler goals. Demonstrates a strong personal commitment to meeting objectives. [ ] Meets Expectations - Has a complete set of goals and objectives, and frequently adjusts or monitors progress. Makesvery good progress towards objectives. Has made a serious commitment. [ ] Development Needed - While maintains goals and objectives, and may make limited progress, sometimes fails to make much headway on one or more goals or objectives. [ ] Unacceptable - Has not established realistic goals or objectives, or has exhibited a serious lack of commitment to completing them. Has made little or no progress. Comments: Police Chief Evaluation Employee Name: Daniel G. Sharp 11110 Page 7 VII. PERSONAL/PROFESSIONAL DEVELOPMENT Does he attendprofessional conferences and seminars to increase his ability to serve the Town? � Does he maintain close working relationships with other professional government administrators. Is he energetic and willing to spend whatever time is required to do a good job? Is there a proper balance between personal,family, and professional commitments? • Enthusiasm • Initiative •Job knowledge • Commitment • Self-improvement [ Exceeds Expectations - Very enthusiastic. Shows great initiative for new ideas,and ways to ] p better oneself, workp roducts, and the workplace. Consistently strives to be the best he/she can be. Meets Expectations - Enthusiastic and positive. Persistent and committed to improving skills and abilities. Shows initiative in obtaining training outside of normal hours. Development Needed - Shows interest in work, and participates in training, but may sometimes display an occasional lack of dedication, development of judgment, initiative or knowledge. [ - Unacceptable Frequent lack of interest in the job and the workplace. Little or no personal ] focus on development, leading to a pattern of falling behind in knowledge and technical competence. Comments: Employee Name: Daniel G. Sharp Police Chief Evaluation111110 Page 8 VIII. PROBLEM SOLVING ABILITY Is the Chief thoughtful in his assessment of problems and his analysis? Does he use good judgment in evaluating his alternatives and the impact of his decisions on the Department/community? Is he adept in crisis management and the utilization of resources available? Is he creative in his thought process/think"outside the box?" • Judgment • Creativity • Crisis Management • Use of Resources • Problem Assessment [ ] Exceeds Expectations - Very creative. Shows great judgment in the face of crisis. Uses sound problem solving techniques and resource utilization. Excellent problem solver. [ ] Meets Expectations — Uses established methodology in addressing crises. Uses good judgement in assessing problems. Utilizes resources that are readily available within the Town. [ ] Development Needed - Shows some creativity when faced with problem situations. Recognizes crisis situations, but is slow to react. Demonstrates occasional difficulty in 4110 recognizing problem situations and the need for proactive management. [ ] Unacceptable - Frequent lack of problem identification. Poor or no judgement in assessing problems and related solutions. Unable to identify/mobilize community resources. General lack of problem solving abilities. Comments: Chuck Sweet, Town Manager- Evaluator Date: 41 �EYgR/0111W � '',41 1 �� ► TOWN OF ORO VALLEY \WZ/Z-E7 � TE EVALUATION ► A TOWN MAGISTRA ► A °-LADED — Name: George A. Dunscomb Position: Town Magistrate Dept: Magistrate Court Period from 4/9/01 to 2/19/03 I. COUNCIL/MAGISTRATE RELATIONS Does the Magistrate maintain effective communications with the Town Council, both verbally and in writing? Is the Council kept informed of major issues? Does he recognize the separation of powers and the unique relationship between the Council and the Court? Are Council inquiries responded to promptly and accurately? Is he available to the Council, either personally or through designated subordinates? Is he sensitive to Council concerns to the extent allowed by the doctrine of separation of powers and the Code of Judicial Conduct? •Effective Communicator •Responsive to Council requests • apolitical %NO [ ] Exceeds Expectations - Extremely effective communicator both verbally and in writing on major issues facing the Town/Court. Always willing to assume leadership roles on major issues when necessary. Always avoids becoming embattled in "politics". I Meets Expectations-Very good communicator both verbally and in writing with the Town Council on major issues facing the Town/Court. Constantly striving to keep the Town Council informed in a clear understandable form regarding issues involving the Court and the Town. Works very hard at avoiding political situations. [ ] Development Needed - Usually responds to Town Council in a timely manner, but is sometimes slow in getting the information to the Town Council in a timely manner. Is unsure when to provide the necessary leadership on major issues. [ ] Unacceptable - Slow in responding to Town Council concerns, or does not respond at all. Does not understand what situations require Council attention and what matters are administration in nature only. Minimal administrative leadership on major issues facing the Court/Town. Unnecessarily becomes involved in the political arena. Comments: II. PUBLIC/COMMUNITY RELATIONS Does the Magistrate exhibit an attitude and feeling of helpfulness, courtesy and sensitivity to those appearing in court? Has he established an image of the Town to citizens that represents integrity and professionalism? Is he perceived as being sincerely interested in the community? Is he regarded as a person of high integrity and ethical conduct? Is he involved in community activities to the extent allowed by the Code of Judicial Conduct? •Responsiveness • Sincerity •Difficult people • Extra effort to help [ ] Exceeds Expectations - Extremely responsive, especially good with difficult people and problems. Consistently gives extra effort to help citizens. [ ] Meets Expectations - Very responsive. Often goes the "extra mile" to help citizens, and is responsive in both a timely and complete manner. Consistently courteous and sincere. [ ] Development Needed - While usually responsive, courteous and sincere, is sometimes unresponsive or appears to be discourteous to citizens. [ ] Unacceptable - Often unresponsive or discourteous. Appears to be disinterested in the %NO needs of the public. Is usually selective about who is helped and who is not. Comments: III. COURTROOM/JUDICIAL CONDUCT AND DEMEANOR Does the Magistrate treat all persons appearing in court fairly?Does the Magistrate follow appropriate statutory and case law in deciding cases brought before the court. Are all persons appearing before the court shown respect? Are all parties given a fair and impartial hearing and an opportunity to be heard and present their case?Are victims of crime treated with respect and given an opportunity to have their views and feelings made known and considered in the outcome? Are all cases decided in a timely manner? Does the Magistrate maintain order in the courtroom?Does the Magistrate use common sense and strive for an outcome that is not only correct,but just?Does the Magistrate endeavor to explain all court proceedings etc. to those appearing in court?Does the judge deal well with difficult individuals?Magistrate maintains the dignity of the court. [ ] Exceeds Expectations - Always treats all litigants with respect and follows the law. Extremely responsive, especially good with difficult people and problems. Has an excellent demeanor in court and in his dealing with the public out of the courtroom. Consistently stays current with changes in the law. [ ] Meets Expectations — Usually rules in a timely manner and is rarely overturned on appeal. Very responsive to explaining the process or his rulings to those involved. Consistently courteous and sincere. [ ] Development Needed - While usually responsive, courteous and sincere, is sometimes unresponsive or appears to be disinterested to the public. Is not concerned about his rulings being overturned. [ ] Unacceptable - Often unresponsive or discourteous. Appears to be disinterested in the court proceedings and with making the court process accessible to the public.. Comments: ‘re IV. ORGANIZATIONAL MANAGEMENT Does he plan and organize work that carries out the core functions of the Magistrate Court? Does he develop reasonable and informed recommendations? Does the organization function effectively and efficiently? Does he recognize the need for change and recommend appropriate solutions? Are staff reports developed on time and are they of good quality? Does he provide sufficient leadership and direction? Is there proper coordination within the department? • Planning • Time management • Prioritization • Organization of work [ ) Exceeds Expectations - Consistently plans activities and manages time extremely well. Always knows what priorities are. Keeps work environment well organized. [ ] Meets Expectations - Good at planning and managing time. Work area is usually well organized. Usually maintains and works from a current list of activities and priorities. [ ] Development Needed - While generally plans and manages activities efficiently, may sometimes fail to plan projects or new work assignments adequately. Work area is often unorganized. %WO [ ] Unacceptable - Consistently fails to plan, and time is poorly managed. Seldom knows which priorities are essential. Work area is usually unorganized, further contributing to the problem. Comments: V. LONG RANGE PLANNING Does he maintain a knowledge of new technologies,methods, etc.? Does he anticipate future needs of the Court and prepare reasonable recommendations to meet those needs? Does he adequately monitor and report on on-going activities? Does he have a vision for the future of the court? • Annual and long-term direction • Commitment [ ] Exceeds Expectations - Has very well defined goals and objectives, some of which are significant and not easily attainable. Makes excellent progress in all areas. Completes most goals. Demonstrates a strong personal commitment to meeting objectives. [ ] Meets Expectations - Has a complete set of goals, and frequently adjusts or monitors progress. Makes good progress towards goals. Has made a serious commitment. [ ] Development Needed - While maintains goals and objectives, and may make limited progress, sometimes fails to make much headway on one or more goals or objectives. [ ] Unacceptable - Has not established realistic goals or objectives, or has exhibited a serious lack of commitment to completing them. Has made little or no progress. 44010 Comments: VI. PERSONAL/PROFESSIONAL DEVELOPMENT Does he attend professional conferences and seminars to increase his ability to serve the Town? Does he maintain close working relationships with other professional government administrators? Is he energetic and willing to spend whatever time is required to do a good job? Is there a proper balance between personal, family, and professional commitments? • Enthusiasm •Initiative • Job knowledge • Commitment • Self-improvement [ ] Exceeds Expectations -Very enthusiastic. Shows great initiative for new ideas, and ways to better oneself, work products, and the workplace. Consistently strives to be the best he/she can be. [ ] Meets Expectations - Enthusiastic and positive. Persistent and committed to improving skills and abilities. Shows initiative in obtaining training outside of normal hours. [ ] Development Needed - Shows interest in work, and participates in training, but may sometimes display an occasional lack of dedication, development of judgment, initiative or knowledge. [ ] Unacceptable - Frequent lack of interest in the job and the workplace. Little or no personal focus on development, leading to a pattern of falling behind in knowledge and technical competence. Comments: VII. PROBLEM SOLVING ABILITY Is the Magistrate thoughtful in his assessment of problems and his analysis? Does he use good judgment in evaluating his alternatives and the impact of his decisions on the litigants? Is he adept in crisis management and the utilization of resources available? Is he creative in his thought processes i.e. does he think"outside the box?" • Judgment • Creativity • Crisis Management •Use of Resources • Problem Assessment [ ] Exceeds Expectations - Very creative. Shows great judgment in the face of crisis. Uses sound problem solving techniques and resource utilization. Excellent problem solver. [ ] Meets Expectations — Uses established methodology in addressing crises. Uses good judgment in assessing problems. Utilizes resources that are readily available within the Town. [ ] Development Needed - Shows some creativity when faced with problem situations. Recognizes crisis situations, but is slow to react. Demonstrates occasional difficulty in recognizing problem situations and the need for proactive management. [ ] Unacceptable - Frequent lack of problem identification. Poor or no judgment in assessing problems and related solutions. Unable to identify/mobilize community resources. General lack of problem solving abilities. Comments: rr/ • ■ Co- L 4 Travel & Trajing Poll cy & 1rocedwe s (Subitit. - � � y Mtyr Løomis) • 411/0 TOWN OF ORO VALLEY STANDARD OPERATING PROCEDURE SOP No. 5 Date Issued: May 1 1991 SUBJECT: TRAINING AND TRAVEL Effective Date: February 6, 1999 Cancellation Date: Supersedes No. 5 Dated: January 1, 1999 COPIES TO: All Department Heads and Town Council POLICY: The y olic of the Town of Oro Valley is to encourage training opportunities for public officials so that their services rendered to the Town will be made more effective. Attendance at conferences, seminars, meetings and conventions which would be of direct benefit to the Town will be authorized consistent with the budget and the guidelines as set out in this procedure. "public official" as used in this standard operating procedure refers to all The term p members of the town council, all members of staff, all commission, committee, board, task force, subcommittee, volunteers and others representing the Town of Oro Valley. PROCEDURE: Travel and Expense Report Administration Town employees shall submit a Travel and Expense Report to their Department Head or the Town Managerapproval for p rior to the anticipated travel. All members of commissions, committees, boards, task forces, subcommittees, volunteers and others shall submit a Travel and Expense Report to the responsible Department Head for (66. approval prior to the anticipated travel. Town Councilmembers shall submit a Travel and Expense Report to the Town Manager for approval prior to the anticipated travel. Sufficient time should be allowed to receive a check prior to departure if a cash advance is requested. If a cash advance is requested, the Finance Director, may approve the request. After acknowled in the employee's receipt of the advance, the Finance Department will g g P retain a copy of the Travel and Expense Report and forward the original with the check to the requesting party. If no advance is requested, the Department Head or Town Manager, upon approval, will forward the Travel and Expense Report back to the requesting party. No later than two weeks (fourteen days) after travel is complete, the public official who has completed the travel will fill out the Reimbursement Claim portion of the Travel and Expense Report and forward it to the Finance Department. If money is owed to the Town, a check in the required amount shall be included with the Report. Travel costs incurred must be consistent with the guidelines as outlined in the remainder of this procedure. tar 1. Registration Fees A. Charges for registration at conferences, training sessions, conventions or business meetings shall be paid by the Town based on a paid receipt or copy of the advance registration form which indicates the fee. B. Registration fee expenses are authorized only to the extent necessary to transact official business. Fees offered in connection with the registration process such as golf, tennis, and other entertainment and recreational opportunities shall not be paid by the Town. If these are automatically included in the registration fees, then the Town shall be reimbursed within two weeks of return. If the Town is not reimbursed, the amount necessary for repayment only shall be withheld and deducted from any future expenses or future paycheck by the Finance Director. The Finance Director has the final authority to determine if an expense is authorized or must be reimbursed. If the Finance Director determines that town funds are being misused and/or the matter is not reimbursed within a reasonable period, then after investigation the matter shall be referred to the County Attorney for a kve determination of any issuance of citations for criminal prosecution. 2. Transportation Costs A. Public Officials as outlined in Section 8 (Responsibility) of this procedure shall decide whether or not it is in the Town's best interests for the public official to travel bycommercial airliner or automobile or other form of upon transportation based u on such factors as destination, personal schedules, the number of persons in the traveling group and travel distance. B. Public Officials requiring air travel shall fly coach whenever the flight includes both coach and first-class seats. If any public official wishes to travel first class they must reimburse the Town for the difference between first-class and coach within two weeks of return from the trip, otherwise the Finance Director is authorized to take the steps as outlined elsewhere in this procedure for recovery of these funds. The Town shall reimburse both short and long term parking expenses. If public official travels using his or her own personal vehicle, or a vehicle C. a not registered to the Town, he or she must obtain prior approval for such use. Such approval be either written or verbal from the person's supervisor. In PP may the case of a councilmember, the approval must be made by the Town Manager. The Town Manager may adopt a policy to determine when Town kiwe vehicles must be used. Mileage will be reimbursed based upon the mileage allowance er prevailing IRS regulations (currently 32.50 per mile). P pool a Use of or Town vehicle in lieu of personal vehicles is encouraged and preferred. However, use of personal vehicles is acceptable dependent upon reasonable circumstances of any given travel situation and any liability considerations to the Town. 3. Lodging Preference for all lodging shall be at the location the seminar, conference, A. g training, etc. is to be held, regardless of the cost. If this location is full or including the Town will pay the actual cost of hotel rooms an y applicable taxes upto maximum of$150.00 before taxes per night per room PP anywhere in Arizona. Prudence regardingcosts should be exercised in the public officials' choice of lodging facilities and maybe reviewed by the Finance Director. If a selection g g is deemed excessive (above the above stated amount) after investigation and explanation offered to the Finance Director, the public official shall reimburse the difference between the Finance Directors recommended expense for the g lodg in and the actual amount paid within two weeks of notice that such kW' expense is excessive. e kre After two weeks the Finance Director may withhold and deduct the difference from any requests uests or from any paycheck if necessary. If the Finance q Director determines a deliberate violation has occurred (Town Funds are being misused) and no reimbursement is made within a reasonable period of time after notice, the matter shall be referred to the County Attorney's office for determination of the issuance of criminal citations for prosecution. Any expenses above the $150.00night (prior to taxes) must be approved p per by the Finance Director or their designee prior to such room being obtained. In the event that the length of training, conferences or seminars is greater than one day and are held in the Oro Valley/metropolitan Tucson area, the Town will not reimburse public officials for lodging per the interpretation of the Town Finance Director. 4. Meals A. Public officials shall comply with the following per diem rates: $30er dayfor meals. $15 per day for anything less than a full day. No p necessary are receiptsupto this per diem amount. The amount includes all p taxes and gratuities. Thesep er diem rates shall apply anywhere in the State of Arizona outside of the Town limits. Out of state expenses are outlined in Section 10, out of state travel. ForpurP oses of this section a full day shall apply when the public official is outside the corporate boundaries of Oro Valley for any single event or conference lasting more than four hours. This four hour limit shall include travel time to and from the event. Any alcohol and personal item purchases shall not be reimbursable under any conditions. "Outside of the Town limits" and "outside the corporate boundaries of Oro Valley" as used in the preceding paragraph have been interpreted by the Finance Director to include geographic areas within the metropolitan Tucson area. TheP er diem rate for meals to be reimbursed to public officials for training, conferences, seminars and business meetings within the Oro Valley/metropolitan Tucson area shall be limited to $15 per day per the interpretation of the Town Finance Director. TheP ublic official shall complete the Per Diem Meal Reimbursement Worksheet and Travel and Expense Report, if applicable, upon completion of travel. B. The Public Official shall submit all meal receipts in order to be reimbursed fqr any amounts over the $30.00 or $15.00 limit. If a receipt is not available a written, notarized statement detailing the expense(s) must be submitted to the Finance Director. The Finance Director has the final determination on whether or not to reimburse for meal expenses either with or without receipts. C. Tips and other gratuities shall be consistent with the costs of the meals and in no event shall exceed 20 % of the total cost. D. A rotation of checks may be used for regularly scheduled meetings. However, anypublic official is still limited to the $30/$15 per diem limits. Anything in excess of the $30/$15 per diem limits must be reimbursed by the public official to the Town within two weeks of his return along with all receipts. The Finance Director is authorized to withhold any future regular payments, including salary or reimbursement of monies to make up the difference. If after a reasonable time the monies are not reimbursed, the Finance Director after investigation shall notify the Pima County Attorney's office for a determination of issuance of criminal citations. 5. Long Distance Telephone Calls A. Telephone calls for official Town Business shall be reimbursed by the Town. B. When aP ublic official takes any trip outside the Town boundaries that lasts more than four hours, including overnight trips, the public official shall be allowed twoP ersonal phone calls per day. The duration of the call should not exceed seven minutes maximum. The cost of all other personal calls must be paid by the public official. 6. Use of Town Credit Cards A. Public officials may use Town issued credit cards for purposes of making advance registration for conferences, lodging accommodations and meal expenses while traveling. Any non-allowed per diem or other expense charged to a town credit card must be reimbursed within two weeks (fourteen days total) of completion of travel. The Town credit card may not be used for the purchase of alcohol, golf and other recreational uses, purchases of personal items or entertainment expenses while traveling on town business. Should an entertainment expense be automatically included in a registration fee, this amount must be reimbursed to the Town. The Finance Director has the final word in determining whether an expense is authorized or not. The Finance Director may demand reimbursement or withhold and deduct the amount from other requests or paychecks. If after a reasonable period of time no reimbursement is made the Finance Director shall cause an investigation to occur and shall, if necessary, refer the matter to the County Attorney's office for criminal prosecution. 7. Trip Report A. It shall be the responsibility of each public official travelling on town business to submit a one page trip report either to their immediate Town supervisor or the Town Manager within two weeks (fourteen days) upon return from any trip that requires overnight lodging. This shall be the only circumstance in which this report shall be necessary. This trip report shall include the purpose of the trip, who the public official met with, and information that was obtained that is of value to the rest of the Town. 8. Responsibility A. For travel involving public officials of the Town Council, Advisory Boards/Commissions, Committees, subcommittee's, etc. and Department (law Heads, it shall be the responsibility of the Town Manager to implement and administrate these procedures. B. For travel involving Town Staff other than Department Heads it shall be the responsibility of the Department Head to implement and administrate these procedures. C. The Finance Department shall monitor travel costs incurred under any of the provisions of this procedure and shall provide at least quarterly reports to Department Heads that reflect travel balances compared to adopted budget amounts. If a quarterly report is not forthcoming, the Town Manager is authorized to withhold the Finance Directors paychecks until such time as the reports are completed. 9. Exceptions A. Any exception to any part of this procedure may only be granted upon a written concurrence of the Town Manager, the Town Finance Director, and the Town Attorney (The Exception committee). A written request for on exce tiprior to a tripmust be submitted at least one week prior to the actual p trip. A written request for such an exception during a trip must be presented p within two weeks (fourteen days) of return to the office of the Finance 41IwDirector. The Exception committee has one month in which to respond to the request. Any decision by the committee to either grant or deny such a request is final and cannot be appealed. 10. Out of State Travel Pending further determination, the provisions of this procedure are extended to instances involving out of state travel for all sections except Section 3 (Lodging) and Section 4 (Meals). Reimbursements for meals and lodging involving out of state travel shall be made on the basis of actual expenses incurred by the public official. Receipts must be submitted for reimbursement. Prudence regarding costs should be exercised in the public officials' choice of lodging facilities and may be reviewed by the Finance Director. If a selection is deemed excessive (above the above stated amount) after investigation and explanation offered to the Finance Director, the public official shall reimburse the difference between the Finance Directors recommended expense for the lodging and the actual amount paid within two weeks of notice that such expense is excessive. kiwr Chuck S eet, Town Manager TOWN OF ORO VALLEY TRAVEL AND EXPENSE REPORT A I 'TRAVEL A UTHORIZA TIOA illre Name Depai tilient Date Destination&Purpose of Trip: Dates of Travel / / Through / / Transportation Mode: Town Vehicle ( ) Personal Vehicle( ) Air( ) Other(Explain) ( ) Approved: Account No. Department Head I I I • . or r •It r . . .pp icaI e Amount : $ Approved: Le Finance Director Travel Expenses Estimated Expenses Actual Expenses Registration Fees Air Fare Private Vehicle(complete Personal Vehicle Reimbursement Worksheet) Lodging(include Tax) Meals(complete Meal Reimbursement Worksheet) Telephone Calls Other(Explain) TOTALS TOTAL ACTUAL TRAVEL EXPENSES $ LESS: Cash Advances < > LESS: Town Credit Card Charges < > LESS: Items Paid By Town Check < > BALANCE _ $ A negative balance indicates the amount the public official owes to theTown. A positive balance indicates the amount the Town owes to the public official. kw, Employee Signature Department Head Approval Finance Department Review TOWN OF ORO VALLEY PERSONAL VEHICLE REIMBURSEMENT WORKSHEET Name pp Department Head Approval Account Number p Date Destination or Purpose Total Miles klaW TOTAL MILES 3t Faw cffA.v`'+3.f,�6y J"'t .yE ♦ar'.`•♦`+`!... �'�a ..ti -•. �S�r,.. R r.. c��.ii`�`y�tY•�•.•�. ,�2,ti ii,t� l���.c�s'�F4�lii�"`T�---�� COST PER MILE • TOTAL REIMBURSEMENT TRAVEL BY PERSONAL VEHICLE: All vehicles must have liability insurance coverage per State Law. followingcertification must be signed by the drive if using a personal vehicle for Town The business: I CERTIFY THAT THE MILEAGE CLAIMED IS TRUE AND ACCURATE AND THAT I HAVE ADEQUATE INSURANCE COVERAGE. FUTHER I UNDERSTAND THAT ANY ACCIDENT OCCURING WHEN USING MY VEHICLE MUST BE A CLAIM AGAINST MY OWN INSURANCE. Signature Date TOWN OF ORO VALLEY MEAL REIMBURSEMENT WORKSHEET AND TRIP REPORT Name Meal Reimbursement Worksheet Per Diem Departure Time Arrival Time Amount Date Destination (Destination) (Return) Claimed . <�.} d."i<.: ^i Y t r' `A`�"•..:i.�ir)C,•.�"•'r.r::.....; �„t-.}"i v. .:.i�•_ .. A .. M� � r r+ *r,�.R.>r f .�:: t :Y C."j 2,r''"�'$"�t � v eY�Y'4!a�.t3t- � ♦ ,� �R�r. r� d � TOTAL �- .;.+4t wyvX►.::�s>�':;aX. +< i a,.'rvi�#+.'�M+^ p43.+"7t'�x,c�:^.c x4 h�.r r.r 0 n.W-a A.'v<'y..��.d t a:a w*.w.r � �.......e•�........ .•.:j _b ys et �l/w.rly.r-.,....� j3<'Ji R:.c..�....+ .+..... ... 2. 9w.. , .• ♦...a..... .. Signature I hereby certify that the above is a true and accurate accounting of departure and arrival times for the subject travel. Trip Report Purpose of Travel Key Contacts Brief Narrative MEMORANDUM r TO: Mayor & Council FROM: Chuck Sweet, Town Manager DATE: April 29, 2005 — REVISED September 19, 2005 SUBJ: Council Member Travel Policy Attached are travel policies from four other jurisdictions. Because of the increased number of Council Members and the increased number of opportunities that exist for Council to attend seminars, workshops, and conferences in and out of Arizona, a more detailed and comprehensive travel policy is suggested to be considered for adoption during the FYO5/06. 411. City of Flagstaff Travel Policy It is the intent of the City of Flagstaff to establish a policy for adequate accommodations when traveling while maintaining an obligation for reasonable use of public funds. Flagstaff's procedures are designed to provide guidelines for appropriate use of funds. Specifically, this policy addresses the following: • Travel Authorization ➢ Advances ➢ Meals ➢ Mileage and Commercial Fare ➢ Lodging, Registration, Misc Expenses ➢ Reimbursements OP ➢ Allowable Reimbursements • o Per Diem Meals, Lodging, Mileage o Actual Reimbursements o High Cost Localities o Mileage Chart o Car and Travel Allowances o Insurance Coverage City of Sedona City Council Rules of Procedure The City of Sedona's travel policy provides for adequate accommodations when traveling for City business, while maintaining an obligation for reasonable use of public funds. Specifically, this policy addresses the following: • Travel Authorization • ➢ Eligible Expenditures o Registration o Air Travel o Lodging o Meals and Incidentals o Ground Transportation o Personal Auto Usage ➢ City Pool Vehicles ➢ Accident Forms ➢ Rental Cars ➢ Non-reimbursable Expenditures ➢ Purchasing Cards A Approval for Expense Form • Standard Expense Voucher City of Mesa's Mayor and Council Guidelines • The City of Mesa provide for the Mayor and Council Members to have an annual allocation of discretional funds. The specific amount is determined through the annual budget process, which is detailed in the Mesa Mayor & Council Guideline #1 . The City of Mesa also established other guidelines as follows: Guideline #2 - Travel — Per Diem Guideline #3 - Vehicle Reimbursement Guideline #4 - Telephone Reimbursement Guideline #5 - Procurement Card Town of Parker 4110 Simply, the Town of Parker's policy does not provide any credit cards to Council. Council Members are given a "per diem" amount of $7 for breakfast, $10 for lunch, and $15 for dinner. The Town of Parker also will reimburse the Council Members for mileage. Please review this information for further discussion at the Council Retreat — October 1 , 2005. ,----- ,)---'--,,,, i11 f ,------- /1 4 i gift'-3 Chuck Sweef Town Manager 41. Attachment(s) 0 • . a Discuss rotating process for who . ,_ A e 1 ' n ,ds conferences (SubmiIe ,,,_.-....,. y ma yor Iortis ,, ,, . .. ... , ,.. , ... .,. , ,. . 0 ' . • ::::',?'-',3, V'Z'r., . r i • _ a Responses (Submitted by Mayor °ails) Lo ..4 _ F _--�._-_..._......-__.-._..... e+..:. ..-..�_..._..�....�--r��.��..i..-.y..-._ice........,.._...r.. ^t�' way ale _ ti Yeq tk i Y 1 Methcotis for iniproving Council' s abiiity it) react more quickly to the ever c ging neecis of tile Town (Need to develop a process, as a • whole, oil how to rent to items on short notice, i.e. Tohono 0'0 (j, 1 1 Nation grant proposition for Honey Bee. S tgestion: Hold Special Session). (Submir e by Council Mr ff bete Parish) t OH0A‘ * 0 * o. •* :;04 00 Vivian Juan-Saunders ---74 Ned Norris Jr„. Chairwoman tAT7fic • (kA sit.% J.9 (I. 4. Vice Chairman OFFICE OF THE CHAIRWOMAN & VICE CHAIRMAN TOHONO O'ODHAM NATION - P.O.Box 837 • Sells,Arizona 85634 Telephone(520)383-2028 • Fax(520)383-3379 Mayor Paul H. Loomis Mayor n Of Oro\ aey Town Hall 11000 N. La Canada Drive -npz, 7 86737 - - Dear Mayor Loomis, In 2002 Arizona voters passed Proposition 202, which allowed for the continuation of limited Indian gaming on Tribal lands in Arizona. Passage of this ballot measure was of tremendous importance as it ensures that Arizona Tribes can continue to address the desperate poverty and needs that exist on Tribal lands. On the Tohono O'odham Nation gaming revenues are being used to improve the health and well-being of Tribal members, strengthen public safety, open up educational opportunities, and to address a multitude of other infrastructure needs. Under Proposition 202 Arizona Tribes also agreed to share a portion of their revenues with the State of Arizona. Under this program, 12 percent of total annual Tribal revenue sharing is to be directly distributed to either local governments in Arizona or in the form of a deposit to the State of Arizona's Commerce and Economic Development Commission's Local Community Fund. For 2005 the Tohono O'odham Nation has chosen to contribute directly to local governments and through these local governments to quality non-profit organizations. As a result, the Tohono O'odham Nation is seeking to obtain Requests for Funding Proposals from Arizona cities, towns, counties and non profit oreanizations. Attached are the specific criteria and timelines the Tohono O'odhain Nation has set forth for identifying funding recipients. Proposals will be evaluated and awarded under the priorities established by the Tohono O'odham Nation. Sincerely, kit sablitat Auk-- 111110 Vivian Juan-Saunders, Chairwoman Tohono O'odham Nation k E °NG * Vivian Juan-Saunders W . <^. *e*e?' Ned Norris Jr. (hr. Chairwoman `i ce- " ': & * z Vice-Chairman L ���37-1966 OFFICE OF THE CHAIRWOMAN &VICE CHAIRMAN TOHONO O'ODHAM NATION P.O. Box 837 • Sells.Arizona 85634 (520)383-2028 • (520)383-3379 Fax REQUEST FOR PROPOSALS Arizona Revised Statute 5-601-02 12% Gaming Distribution Tohono O'odham Nation Background In 2002 Arizona eligible voters approved Proposition 202 allowing for continuation of Indian gaming in Arizona. Pursuant to Proposition 202 tribes are required to distribute 12% of its total annual contribution under Section 12(b) in one or both forms; 1)direct distribution to cities, towns, and counties or 2)deposits to the Arizona Commerce and Economic Development Commission.The distribution of funds from the Tohono O'odham Nation is required no later than October 25 of each year. Distribution Priority Areas Proposals must address the following priority areas: a) Education b) Health Care c) Public Safety d) Child Advocate e) Economic Development f) Cultural & Environmental Development and Protection Proposal In a 4 page Proposal: • a) Describe the need. b) Who will benefit from the distribution of revenue? c) Submit a budget justifying the request for revenue. d) Describe other funding requests and the status of the requests. e) Indicate whether your entity has already received a 12% distribution from Tohono O'odham Nation or fts sd other Arizona tribes and the amount. f) Identify a designated contact person for follow-up Requirements a) For direct funding to a city,town, or county, a signed Inter governmental Agreement(IGA) is required between Tohono O'odham Nation and the city,town or county. b) For distribution by the State of Arizona Department through the Commerce and Economic Development Commission Local Communities Fund, a signed Intergovernmental Agreement(IGA) is required between the state of Arizona and the city,town or county. c) For qualified non-profits and other entities not directly under a city, town, or county, a signed Intergovernmental Agreement is required directing the funds to be accepted by the local municipality on behalf of the entity. d) Internal Intergovernmental Agreement approvals are required i.e. approval by local governing body, such as a city council, county board, etc. e) Funding recipients are required to provide the Tohono O'odham Nation with a final and complete report detailing how the funds were spent by June 1 of 2006. Timeline a) Submit 4 page proposals by July 15,2005. b) Selection of recipients will be made no later than August 1, 2005 c) Selected recipients will be notified by August 8, 2005. d) Intergovernmental Agreements(IGA)are due no later than August 31, 2005 e) Recommendations will be presented to Tohono O'odham Legislative Council for approval during the October 2005 session during the week of October 10-14, 2005. f) Distribution of Funds will be made by October 25, 2005. Contact: Address and mail all proposals to: Chairwoman Vivian Juan-Saunders Tohono O'odham Nation P.O. Box 837 Sells,Arizona 85634 (520)383-2028 telephone (520) 383-3379 fax Must be received by 5:00 p.m.on July 15,2005 EY= TOWN OF ORO VALLEY • t w: 11000 N. LA CANADA DRIVE ' ORO VALLEY ARIZONA 85737 Administrative Offices(520)297-2591 Fax(520)297-0428 - www.ci.oro-valley.az.us OUNDED ' 91 July 14, 2005 Ms. Vivian Juan-Saunders, Chairwoman TOHONO O'ODHAM NATION POB 837 Sells, Arizona 85634 Dear Chairwoman Juan-Saunders: Thank you for the opportunity to apply for the Request for Funding Proposals in accordance with Proposition 202. Attached are three Request for Proposal applications submitted in accordance with the Tohono O'odham Nation's submittal criteria: 1) Request for Proposal for Honey Bee Archaeological Preserve Wall and Fence Project —total funding request is $206,500.00; and 2) Request for Proposal for Oro Valley Archaeological and Historical Survey and Plan —total funding request is $79,000.00. 3) Request for Proposal for Honey Bee Village Archaeological Preserve— total funding request is $358,221.00. If you have any questions regarding these three proposals, please contact Special Projects Coordinator Scott Nelson at 229-4713. Sincerely, TOWN OF ORO VALLEY Paul H. Loomis Mayor Attachments (3) c: Oro Valley Town Council Chuck Sweet, Town Manager Scott Nelson, Special Projects Coordinator Town of Oro Valley khoy 12% Gaming Distribution Proposal Honey Bee Village Archaeological Preserve Wall and Fence Project Background: The Town of Oro Valley, with consultant assistance from CommunityByDesign and Desert Archaeology, Inc. prepared a conceptual plan for the Honey Bee Village archaeological site to provide guidance in the preservation and management of this important prehistoric area. Located along Honey Bee Wash east of North Rancho Vistoso Blvd and south of the Moore Road alignment, Honey Bee Village is the only remaining intact large Hohokam village site in Oro Valley. This large prehistoric village in the Canada del Oro Valley was first settled around A.D. 450-600 and is a strong linkage to Oro Valley's past. The value of this heritage has been noted in recent documents, including the 1994 Honey Bee Canyon Management Plan which recommended the a number of steps to protect Honey Bee Village from modern developmental impacts. The plan also suggested keeping the core intact and visible from the Le surrounding community to avoid vandalism. The Focus 2020: Town of Oro Valley General Plan, revised 1/13/2005, includes a policy specifying preservation of the "unique archaeological, cultural, and historic resources within Oro Valley." It specifically addresses Honey Bee Village and recommends "avoiding disturbance by preserving" it in place. In May, 2004 Pima County voters approved a bond issue that provides $1 million for the "...purchase of sufficient acreage to protect the critical areas of the Honey Bee Village site that are threatened by planned residential development." The bond directed the Town of Oro Valley to negotiate with the property owner to acquire the property with County bond funds, pursuant to an intergovernmental agreement between Pima County and the Town of Oro Valley. This conceptual plan was initiated due to the concerns that the Town, Pima County, the Tohono O'Odham Nation, and the Arizona State Museum have about the need to preserve the Village intact. A) Describe the need. Once Honey Bee Village has been acquired from the landowner, the Town of Oro Valley would like to protect the site as soon as possible. The Honey Bee Village Preserve Conceptual Plan recommends that a permanent low wall be put in place around the perimeter of the Preserve. The solid wall should not exceed 42" illiii/ in height and should be constructed of an appropriate natural material that is consistent with the historic nature of the preserve. Higher fencing attached to the solid wall should be visually open, such as wrought iron or steel bars. These (Ibb- walls allow the community to keep their "eyes on the Preserve." The open walls also allow the Preserve visitors to maintain visual connection to the mountain and valley vistas as early residents might have experienced. B) Who will benefit from the distribution of revenue? Acquisition of the Honey Bee Village site, and implementation of the Honey Bee Village Archaeological Preserve Plan, will protect critical portions of the site from nearby planned residential development, and will preserve these areas for future generations. All citizens of Pima County and visitors will receive future public benefits that include opportunities for heritage education, cultural protection and scientific research. (Please refer to attached Concept Plan Map.) C) Submit a budget justifying the request for revenue. The perimeter of the preserve is 3,500 linear feet. The cost estimate of a 42" Stabilized Adobe wall is $45 per linear foot or $157,500. (Cost estimate includes footing, material, labor and finished wall) The cost estimate of a 30" Ornamental Iron fence is $14 per linear foot or $49,000. (Cost estimate includes material, labor and finished fence) Note: Cost estimates were provided by CommunityByDesign, based on survey of local contractors. Total funding request is $ 206,500 D) Describe other funding requests and the status of the requests. Currently there are no other funding requests. E) Indicate whether your entity has already received a 12% distribution from Tohono O'odham Nation or other Arizona Tribes and the amount. The Town of Oro Valley has not received a 12% distribution from the Tohono O'odham Nation or any other Arizona tribes. F) identify a designated contact person for foIIow-up.(46., The contact person for the Town of Oro Valley is Scott Nelson, Special Projects Coordinator, (520) 229-4713 or snelson@orovalley.net Town of Oro Valley 12% Gaming Distribution Proposal Oro Valley Archaeological and Historical Survey and Plan A) Describe the need. Although a relatively new Town, Oro Valley lies in a region filled with many centuries of stories from different cultures. Time has revealed many stories and remnants of these cultures and the Town is taking positive measures to preserve and secure these. However, many potentially significant historic sites and artifacts are not yet secured or identified correctly. The project goals are as follows: 1. Establish what is known regarding the archaeological and historical resources located in and immediately adjacent to the Town of Oro Valley and place those resources in a regional context. 2. Assess the current condition of known and predicted resources. 3. Recommend preservation priorities and strategies. B) Who will benefit from the distribution of revenue? Many of the buildings, sites and artifacts to be identified have local, regional if not national significance. Immediate beneficiaries are those who are descendants of the various Native American, Spanish, and Anglo peoples who lived and traveled though this region. With that comes the pride and piece of mind resulting from knowing and preserving the heritage. The people of Oro Valley and the entire region benefit by learning about the rich cultural history of the area. Sites that are of regional and national significance could be tastefully memorialized and become places of interest to visit. They also become learning centers that teach and educate our present culture concerning past cultures. Lastly, the Town of Oro Valley government benefits by having an accurate and definitive data base and a clear prioritized plan to secure preservation for these sites. C) Proposed budget justifying the request for revenue. Oro Valley Archaeological and Historical Overview and Planning Project Project Goals 1. Establish what is known regarding the archaeological and historical resources located in and immediately adjacent to the Town of Oro Valley and place those resources in a regional context. 2. Assess the current condition of known and predicted resources. 3. Recommend preservation priorities and strategies. Tasks 1. Plan project through a public consultation process that includes at a minimum: Oro Valley Planning Department, Oro Valley Parks Department, Oro Valley Historical Commission, Oro Valley Town Council, Oro Valley Historical Society, Tohono O'odham Cultural Preservation Committee. At least two planning meetings with the above organizations, one public meeting, and one presentation to the Town Council are anticipated. 5 person-days @ $600.00/person-day $3,000.00 2. Obtain current AZSITE information from the Arizona State Museum (ASM). Area covered should include the entire town of Oro Valley and its planning area along with a buffer zone of two miles. Priority information includes: project areas that were surveyed, date and intensity of surveys, site boundaries, ASM site numbers, basic descriptive data on sites (site type, date range of occupation, condition at time of recording, etc). 15 person-days @ $400.00/person-day $6,000.00 3. Incorporate all data in a project-specific GIS system. 30 person-days @ $400.00/person-day $12,000.00 4. Identify locations that have site numbers but do not have shape files for site boundaries. Review ASM site files for missing information. 15 person-days @ $400.00/person-day $6,000.00 1111110 5. Compile a bibliography of previous archaeological studies. 416, 5 person-days © $400.00/person-day $2,000.00 6. Compile historic map data from Government Land Office (GLO) maps and other maps from the nineteenth and twentieth centuries. 5 person-days @ $400.00/person-day $2,000.00 7. Compile a bibliography of historic sources and primary documents. 5 person-days @ $400.00/person-day $2,000.00 8. Develop or obtain from Oro Valley a GIS layer that reflects current land use in order to assess probable current condition of previously recorded sites. Current aerial photography may be used to update conditions in the vicinity of known sites. 10 person-days © $400.00/person-day $4,000.00 9. Prepare maps and presentation graphics (see deliverable items 1 and 2). 10 person-days @ $600.00/person-day $6,000.00 kiwe 10.Prepare technical and public-oriented reports (see deliverable items 3 and 4). 60 person-days @ $600.00/person-day $36,000.00 Total Cost: $79,000.00 Deliverables 1. Project specific GIS layers will be provided to Oro Valley in Arc-View compatible format. 2. A time series of maps classified by basic site types. 3. A planning oriented technical report that identifies priority cultural resources, class 3 inventory priorities, and outlines preservation plans for priority cultural resources. 4. A public oriented overview of local settlement patterns over time and an assessment of the regional significance of the area now encompassed by the Town of Oro Valley. A brief overview of preservation planning outcomes and future needs would also be included. Total funding request is $ 79,000.00 D) Describe other funding requests and the status of the (4..., requests. No other funding requests have been made for this project. E) Indicated whether your entity has already received a 12% distribution from Tohono O'Odham Nation or other Arizona tribes and the amount. The Town has not received any 12% distribution from the Tohono O'Odham nation or any other Arizona Tribe. F) Identify a designated contact person for follow-up. The contact person for the Town of Oro Valley is Scott Nelson, Special Projects Coordinator, (520)-229-4713 or snelson@orovalley.net. (6, Town of Oro Valley 12% Gaming Distribution Proposal Honey Bee Village Archaeological Preserve Project Background: The Town of Oro Valley, with consultant assistance from CommunityByDesign and Desert Archaeology, Inc. prepared a conceptual plan for the Honey Bee Village archaeological site to provide guidance in the preservation and Management of this important prehistoric area. Located along Honey Bee Wash east of North Rancho Vistoso Blvd and south of the Moore Road alignment, Honey Bee Village is the only remaining intact large Hohokam village site in Oro Valley. This large Prehistoric village in the Canada del Oro Valley was first settled around A.D. 450-600 and is a strong linkage to Oro Valley's past. The value of this heritage has been noted in recent documents, including the 1994 Honey Bee Canyon Management Plan which recommended a number of steps to protect Honey Bee Village from modern developmental impacts. The plan also suggested keeping the core intact and visible from the surrounding community to avoid vandalism. The Focus 2020: Town of Oro Valley General Plan, revised 1/13/2005, includes a policy specifying preservation of the "unique archaeological, cultural, and historic resources within Oro Valley." It specifically addresses Honey Bee Village and recommends "avoiding disturbance by preserving" it in place. In May, 2004 Pima County voters approved a bond issue that provides $1 million for the "...purchase of sufficient acreage to protect the critical areas of the Honey Bee Village site that are threatened by planned residential development." The bond directed the Town of Oro Valley to negotiate with the property owner to acquire the property with County bond funds, pursuant to an intergovernmental agreement between Pima County and the Town of Oro Valley. This conceptual plan was initiated due to the concerns that the Town, Pima County, the Tohono O'Odham Nation, and the Arizona State Museum have about the need to preserve the Village intact. A) Describe the need. The Honey Bee Village Preserve Conceptual Plan conceptualizes the ‘iar preservation of the core of the archaeological site. The actual Archaeological Preserve, as finally determined through discussions with Pima County and Oro Valley, will include most, if not all, of the archaeological core area, a buffer, and a substantial frontage along Moore Road. The Preserve will be publicly owned and managed. An access control feature such as a gate or sign will connect to the entry feature near the parking area. Interpretive/educational signage at the entry will orient the visitors to the Town's rich heritage and alert them to the sensitivity of the Archaeological Preserve. A six foot wide meandering trail will circle within the Preserve's perimeter. Smaller internal trails, perhaps set over existing roads which track the site, will branch off of this main trail. The trails will be built up on top of the existing grade to limit impacts to the artifacts found below. Interpretive/educational opportunities, seating, and shade elements are envisioned on the Preserve's trails. Any construction or activity within the Preserve must limit disturbance to the site. This grant will be used to fund the construction and improvements to protect the preserve site. B) Who will benefit from the distribution of revenue? Acquisition of the Honey Bee Village site, and implementation of the Honey Bee Village Archaeological Preserve Plan, will protect critical portions of the site from nearby planned residential development, and will preserve these areas for future generations. All citizens of Pima County and visitors will receive future public benefits that include opportunities for heritage education, cultural protection and scientific research. (Please refer to attached Concept Plan Map) C) Submit a budget justifying the request for revenue. (Please refer to attached Budget) Total funding request is $ 358,221 .00 D) Describe other funding requests and the status of the requests. Currently the Town of Oro Valley has submitted an application with ADOT for an Arizona Transportation Enhancement Grant Program. The Town has been notified that this application is on the bubble for State wide funding considerations. 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[ UNIT PRICE TOTAL STAGE 1-SCOPING(15% Preliminary Design) SCOPING COSTS ENVIRONMENTAL DETERMINATION all (Including technical supporting documents) 1 10,000 10,000 SUBTOTAL-PROJECT SCOPING COSTS $10,000 % STAGES II, Ill, IV-DESIGN (30%,60%, 95%-100%Design DESIGN COSTS PS&E's-Plans, Special Provisions,Cost Estimates& Schedules 1 1 45,420 45,420 SUBTOTAL-PROJECT DESIGN COSTS $45,420 / # # . r- ) A STAGE V-CONSTRUCTION SITE ACQUISITION&HARDSCAPE CONSTRUCTION SITE PREPARATION ,(Cleaning and grubbing, plant salvage 1 3,000 - 3,000 EARTHWORK 500 6 3,000 PATHWAY OR SIDEWALK MATERIALS Decomposed granite 40,000 2 80,000 CROSSWALK ENHANCEMENT Integral Color Concrete 2,500 6 15,000 PEDESTRIAN ADA RAMP 100 12 1,200 SUBTOTAL-SITE ACQUISTION&HARD CONSTRUCTION $102,200 LANDSCAPING&IRRIGATION ITEMS 0 TREES (Above 15 gallon in size as required per local code or special design requirements) 10 150 1,500 TREES(15 GALLON SIZE) 15 75 1,125 TREES(5 GALLON SIZE) 35 SHRUBS(5 GALLON SIZE) _ 40 20 _ 800 SHRUBS(1 GALLON SIZE) 60 8 480 CACTUS(5 GALLON SIZE) 35 ,DECOMPOSED GRANITE 50 50 2,500 ORGANIC 30 35 1,050 TOPSOIL . 20 35 700 SEEDING 0.25 3,000 750 BOULDERS 15 250 3,750 IRRIGATION SYSTEM Drip 10,000 1 6,000 LANDSCAPE ESTABLISHMENT (Typically 4.5%of the cost of landscaping) 1 839 839 SUBTOTAL-LANDSCAPING&IRRIGATION ITEMS $19,494 / / // SITE FURNISHINGS BENCHES 12 800 9,600 BIKE RACKS 6 350 2,100 TRASH RECEPTACLES 4 250 1,000 DRINKING FOUNTAINS 2 3,000 6,000 SIGNAGE(Interpretive with research) 5 2,000 10,000 0 PUBLIC ART 1 29,000 29,000 RAMADAS 2 10,000 20,000 RESTROOM 2 15,000 30,000 SUBTOTAL-SITE FURNISHINGS $107,700 ,/ /( , SUBTOTAL-CONSTRUCTION LINE ITEMS $229,394 MOBILIZATION AND ADMINISTRATION COSTS CONTRACTOR MOBILIZATION(Typically 8%of construction cost 1 18,352 18,352 CONSTRUCTION SURVEY&LAYOUT(Typically 1%of construction cost 1 2,294 2,294, CONSTRUCTION CONTINGENCIES(Typically 5%of construction cost 1 11,470 11,470 CONSTRUCTION ADMINISTRATION(Averaging 18%of construction cost) 1 41,291 41,291 y SUBTOTAL-MOBILIZATION&ADMINISTRATION COSTS $73,406 TOTAL STAGE V COSTS (CONSTRUCTION $302,801 f/ / /�� moi TOTAL PROJECT COST (ALL subtotals) $358,221 tT�tl�U I 1 VG ur r i�L VI/r. 08/16/2005 16:29a 520-363--3379 i ' ' AIN . . 4(4MI� --r•� �• Ned Norris ��r. atilt:. b LA , tan ,�uan-Sau'nders ��.:+* 4.). ` = -Vdice Chairmsn. • Chairwor�an � 1r,rs\OFFI CE OF THE CHAIRWOMAN &VICE CN TOHONO O'ODHAM NATION P.O.Box 837•Sells,Arizona 85634 Telephone(520)383-2028•Fax(520)383-3379 August 15, 2005 .. . Mt, Scott Nelson : Special Project Coordinator • � Hone' Bee Archaeological Preserve Wall:and Fence l'foject Town Oro Valley, �' ... g" ' . . .. 11.000 N La Canada .' .' ,;:••::....:'.:;,, 1' :. Oro Valle , 8573 .; A ; • • •.. ':i r4.11t :' '• rii•'foritt •ou that th r a . \sa1 otL, eh\a1f sf the Town: .:Y::i It • ..s lth great pae uY'e':that I rte. . •,• '' ' Yr r.l:� r :,•.. 'ti: Ise Wall atxd•Fefl roj'ket'').:sy .', .selected by,the i aJle l"ione B,ee+:; .rchaeo]oglca�l:\pes : r'... • �� y ':;�, �► ;.•: . . .•i:'.• o�:..:).:i;:' ••�' •�• .;. •\�the,am�o�tnt of • otential rreti i et1t of 12 Yo grant �1;.dig.•iri.. 'ohono.O odhai Iatlort Ids P F . i ,.�, ,: • !, + .'��,;•;•�'�.�•'.?.:l:Ir.w:,J.• 11;11 , rr' .... ,' \..�.,..A, Jrjiti)ect •'il'� � �. `� would be 'r.':. ted:.the Natant.With'a,wo y t that u e �..A'. r; $206500. fur;: '• sal'•p • •• :�'Y+. •. ••. ••ti. • • rs r" r •... 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'.-1._ --.., - . - -• -,-,.,--,,,,::, ....•__.:„.:;.._-.,..,,‘,„...;-.,....-___•., .::.. . ,-.,;, • : ?t 4 APPENDIX "B" - amended APPOINTMENT PROCESS OF TOWN OF ORO VALLEY VOLUNTEERS TO BOARDS, COMMISSIONS, COMMITTEES, ADVISORY BOARDS,AND TASK FORCES In accordance with Oro ValleyTown Code Section 2-4-8, the Mayor and Council may create any Town Board, Commission, Committee, Advisory Boards, or Task Force ("Board"), standing or special, as it deems necessary. Therefore, the process surrounding appointments to a Board should be streamlined in order to facilitate a quick and courteous appointment as follows: Advertising:dvertisin post in newspaper, Town web page, and Town Hall. Application: complete' volunteers must an application to be considered for appointment to a Board, which is submitted to the Town Clerk. If the volunteer is not selected, the application remains in a database for 2 years in which is reviewed when any vacancies occur upon dependingon interest of the volunteer as stated in the application. Those members wantingto be considered for reappointment must send a letter to the Staff representativeindicating their interest in reappointment and include any information that kise wouldsupplementapplication their a lication which is on file with the Town Clerk. Interview Committee: followingan interview of volunteer applications, the Interview Committee makes a determination, and then forward their recommendation for appointment/reappointment ent/rea ointment to the Board before the Mayor& Council for determination at a regular Town Council meeting. The Interview Committee Panel consists of Council Liaison, Board Chair (or Vice-Chair if term of the Chair is due to expire), and (or gDepartment Head Division Manager) responsible for staff support to that particular Board. Notification: New Volunteer Recommended for Appointment Prospective appointee is forwarded a copy of the Council Communication naming pp those volunteers recommended for appointment along with a personal letter notifying the prospective appointee of the Council meeting date at which they shall be recommended for appointment. New Volunteer Not Recommended for Appointment The volunteer not chosen for appointment is forwarded the Council Communication namingthose volunteers recommended for appointment along withp an explanation that their volunteer application will be kept on file for 2 years. 11111110 Parliamentary Rules&Procedures Appendix B;amended Office of the Town Manager 1/7/2004 3:30 PM INN vat 4168.- RESOLUTION NO. (R) 04 - 03 A RESOLUTION SUPPLEMENTING THE REVISED TOWN COUNCIL PARLIAMENTARY RULES & PROCEDURES AND CODE OF CONDUCT OF THE ORO VALLEY TOWN COUNCIL BY ADDING "APPENDIX B - AMENDED," REFERENCING THE CLARIFICATION OF THE APPOINTMENT PROCESS OF TOWN OF ORO VALLEY VOLUNTEERS TO BOARDS, COMMISSIONS, COMMITTEES, ADVISORY BOARDS, AND TASK FORCES. WHEREAS,AS on February7, 1996,the Council originally adopted the Town Council Policies' 'e & Procedures, which were created for use by the Council to set standards and usual procedures for the Council; and WHEREAS, on February 16, 2000, the Council re-enacted the Town Council Policies & Procedures byresolution in order to revise and/or supplement the document from time to time; and WHEREAS, on September 19, 2001, the Town Council Policies &Procedures was revised and re-titled as the "Town Council Parliamentary Rules & Procedures and Code of Conduct;" and S the current "Town Council Parliamentary Rules & Procedures and WHEREAS, . does not includeprocedures relating to the appointment process of Code of Conduct" Town of Oro Valley volunteers to Boards, Commissions, Committees, Advisory Boards, and Task Forces ("Boards, collectively); and 'x B - Amended to the "Town Council Parliamentary Rules WHEREAS, Appends & Procedures and Code of Conduct," attached hereto reflects the clarified procedures surrounding the appointment process to Boards; and p the Council has determined that the revised and supplemented WHEREAS,"Town Council Parliamentary just Rules & Procedures and Code of Conduct„ is and appropriate, and is found to be in the interest of the Town. p NOW, BE IT RESOLVED by the Mayor and Council of the Town of THEREFORE, Oro Valley, Arizona adoption the ado tion of the revised and supplemented "Town Council Parliamentary Rules & Procedures and Code of Conduct,” is hereby approved. PASSED AND ADOPTEDby Mayor and Town Council this 21st day of January 2004. 41low TOWN OF ORO VALLEY V Paul H. Loomis, Mayor ATTEST: CL-WJ- 1-' Ka n Cuvelier, Town Clerk APPROVED AS TO FORM: -' /Aard442111. Mark a Fitz, o , A Or (16.- RESOLUTION NO. (R) 02- 107 A RESOLUTION SUPPLEMENTING THE REVISED TOWN COUNCIL PARLIAMENTARY RULES & PROCEDURES AND CODE OF COND13CT OF TH V, ORO VALLEY TOWN COUNCIL BY ADDING APPENDIX B," REFERENCING TH kf APPOINTMENT PROCESS OF TOWN OF ORO VALLEY VOLUNTEERS TO BOARDS, COMMISSIONS, COMMITTEES, ADVISORY BOARDS, AND TASK FORCES. WHEREAS, on February7, 1996, the Council originally adopted the Town Council Policies & Procedures, which were created for use by the Council to set standards and usual procedures for the Council; and WHEREAS, on February16, 2000, the Council re-enacted the Town Council Policies & Procedures byresolution in order to revise and/or supplement the document from time to time; and WHEREAS, on September 19, 2001, the Town Council Policies & Procedures was revised and re titled as the"Town Council Parliamentary Rules &Procedures and Code of Conduct;" and the current "Town Council Parliamentary Rules & Procedures and '���REA:S, . does not include procedures relating to the appointment process of Code of Conduct" Town of Oro Valley volunteers to Boards, Commissions, Committees, Advisory Boards, and Task Forces ("Boards, collectively); and RE � AS, Appendix B to the"Town Council Parliamentary Rules & �'�� Procedures and Code of Conduct," attached hereto reflects the procedures surrounding the appointment process to Boards; and WHEREAS, the Council has determined that the revised and supplemented "Town Council ParliamentaryRules & Procedures and Code of Conduct" is just and appropriate,ro riate, and is found to be in the interest of the Town. RE BE IT RESOLVED by the Mayor and Council of the Town of NOW, THEREFORE, Oro Valley, Arizona that the adoption of the revised and supplemented "Town Council Parliamentary Rules & Procedures and Code of Conduct," is hereby approved. PASSED A ADOPTED byMayor and Town Council this 20th day of November, �' 2002. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: Ka n Cuvelier, Town Clerk APPROVED AS TO FORM: /// /-leeZi/f Tobin Sidles, Interim To Attorney P`_EY o �o 1,0! • Pck UNpED�9 Office of the Town Attorney Memo To: Mayor and Council From: Melinda Garrahan,Town Attorney CC: Chuck Sweet,Town Manager;David Andrews,Assistant Town Manager Date: August 26,2005 Re: DRAFT Considerations for Service on Town Boards,Commissions and Committees Attached is a copy of the draft guidelines for appointee service for your consideration in anticipation of the Study Session requested by Council Member Parish. Please feel free to contact me with any questions or comments. MG/ca Attachment 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 ("appointed public bodies") are appointed by the Town Council. Council 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 l mite puriposes relating to each such Vitt 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 maybe removed byCouncil for"ne lect of du inefficienc or misconduct :�q:::g�.�::�� �'� y� in office." OVZCR 21 .M\\k a ,era,a•:* 1• Thegeneralpurpose of the a ointed ar ublc:bodies is toserve the interests of the Town, pp �, p :�..�..r. ID as a whole, in accordance;with the overall direction established by the Council. It is expected that appointed membersmlwill act consistently with ,this general principle. Each appointee is also tre expected to act within t1 'ss9pe of r.he \athority, and act consistently with the Town Codes, ordinances, resoiutlons, policies and procedures, and applicable federal and state law including `moi•`\j t:. l .<'"'-14, specifically the Open Meeting Law,Public Records Law,the laws concerning conflicts of interest, and fmancial:.disclosure. ?';•may" '�,..``}'' 2. Certainoards commissions and committees primarily advise the Council concerning general matters of interest to the community at large. An example of this type of appointed public body is the Parks and Recreation Advisory Board. Other boards, commissions and committees regularly handle contested cases. A "contested case" is a matter or proceeding before a Town board, commission or committee in which legal interests, rights, duties or privileges of one or more specific parties are addressed by a decision or recommendation of that appointed public body. An example of this is the Planning and Zoning Commission. In certain instances appointed public bodies are part of the Town proceedings for the establishment or setting of rates and fees. Appointees involved in contested cases or participating ating in rate o, :r. setting proceedings, in PP p P _�. � ,. particular, are expected to act in careful regard of their responsibilities and these guidelines• . . • e'a earance of '; ty or unfairness as a 3. It is expected that an appointee will avoid ) pp pa.��*A, decision-maker in anymatter before the public:b �....y of which he or she is a mefber Among the z � ,\It.,�-r te actions that mayassist an appointee in avoidingthe a ranYce of partiality or unfairness are: PP P;� > • Treatingall public articiPants. i participant �' {the same de ee of�oliteness and formality before w)•\T ��•Y,Yp.^C2..:: :\R 1� .i,. and during a meeting, including breaks toy,avioid the impression that some participants 4Ps may expectsecial treatment. KO.. 111 '3et w � oa r,. .<a�. \A,w'r .. '\v ��i • Not meetin pwith a\ ora articular side concerninga "contested case" outside of �g �?� P �:::.• 44: c,r mimpression ofkhe public •body;ao avoid the that certain parties have the privile e o special access to promote their particular g \}fir. � interests before the public body. !' x f tip_j4: WA Hai>• } : ,w;Generally, public meetings are the proper venue for members of a public body to A-4 ter 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 •Page 2 F:\Boards-Commission Member082505 CONSIDERATIONS FOR SERVICEdoc I or recommendation may appropriately be based is the record of public proceedings,not simply one's personal back-ground knowledge. • An appointee removing him or herself from any particular proceedings of the appointed public body relating to a matter in which th. appearance of impartiality and 4*:fik, fairness has been compromised by earlier actin it es 4AT public statements of the mow . �1;.:., 4.S. N. appointee. ia ‘ t i tie\ . \\;!ait.,, \'O\ • 4. It is expected that an appointee who''disagrees with withltejlow public officials, decisions of the Town Council, Town administration, the decisios} f his or her own public body or the iii'\i.�•..: .. :((.'aate,i�:\`:\:.. r decisions of other boards, commission and committees will'd#:§9 constructively, based on facts, consistent with applicable law, and avoig:iii7;,.‘,.,„ '-'44?...-0' iding ,,persy�onal attac��ks, misleading statements, or 1-i.,., . ‘,:,pewrei`�+. unsupported accusations i��2 2 i.4* ''''''et,i 4,-, II 5. It is expected that an appointee will respect the proceedings of other appointed public ,. t H'-',:12'.-',-, Y �f 9 r r iR �, ‘44:wtor -"IxtigOiSli''' bodies btl' ` 44 "."4%,-.,:, 1:7*-- ,,,.",-, 7 .,�����\ ?gyp .4464.;• Addressingmembers anc sta during the meeting through the person who is chairini*.k.., it* c g the meeting,avoiding the use of first names. 'WR:t,,,, 9f, its k. e'; SA� *4 • Firstidentifying 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 or committee on their responsibilities and authority as members of that public body. •Page 3 0 F:\Boards-Commission Membas5 CONSIDERATIONS FOR SERV10E.doc • Not disrupting the proceedings of another public body by approaching the dais or staff 0 desk area while the public body is in session, unless invited to do so by the person chairing the meeting. Ai-44k • anyquestions or concerns about the decisions: ` ' Raising proceedings of another public t�\r„a �'+,ria`'�,c\'' bodywith staff or the chairperson, or the Councilhaiso t:A , .,rte �Q,\��. -41i.,-t, '''''' 6. It is expected that an appointee will be considerate of the fac't4thiSatt elected Council Members are ultimatelyresponsible for setting'To"'\c,policy4.14, p1 directing its implementation. An p g }a '�,\�.`,�~'•�,,\`,Z��.. tJ�,`''�,.�..�. .;orf:. '-.7a4,-:,1„ appointee may be opposed to a course of action or decsinyby 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 appose a;course of action or decision by Council, ��vy• $����Iry �� the im lementation of tie'same then it is ex�ected that the appointee will resignrather than act orp ,..,,,,,,,t,;.s ,,p pp • inpublic opposition to.the administration he or she has been appointed to serve. 14-34'�)��.»F�d'�`•c 'a.:.�, ,r�,•:'!.zesi.s, fiet,:,,:,,,,,,..i ,+,T ��2£x\ , r a \►Jt 4 Cr 17.`i t••r�L r 1�iil��rp�i y d^_�.'�. fir �„`'4`�t Zr A\ r r ¢L r•.,.i «,r a'•`♦ },.�r: Yom`.,.# r ..4 A C� •Awr t�• „;,.!'''. '414 err'\ `,\ +h'.a'M4-:. �'�`\����Ra.. ;^X •^ xct i� ,Asub.,‘ INist, If* . — ,!,:si,' 'tito;„. igitkr, ,..„,,,, %-6,„). ,.. qf::1-..:.:. .,,e '',.*:::,,,:.,..,.,47;kr niiir •Page 4 0 F:1Boards-Canmission Members,,,a505 CONSIDERATIONS FOR SERVICE.doc PLLEY,qI O `b OU1 VDED'°‘ Memo To: Mayor& Council From: Government Review Task Force Date: 19 December '01 Re: Board/Commission Appointment Process;Policies and Procedures This is a report to discuss the two remaining assignments which were given to the Government Review Task Force (GRTF) for review. An important part of this report is the various attachments as identified below: Attachment A: Boards/Commissions Appointment Process Outline Attachment B: Options for Appointment to Boards/Commissions Chart Attachment C: Volunteer Application Form Attachment D: Boards/Commission Outline Each of the remaining tasks is discussed below: Board/Commission Appointment Process The GRIT was charged with the duty to reevaluate the current process surrounding the selection of Board/Commission members. The GRIT interviewed Council Members and Board/Commission Chairmen and reviewed policies of other municipalities to determine whether a better appointment process exists. Currently,the Town advertises to fill an opening on a Board/Commission,the Council and Town Manager then reviews applications and based upon qualifications, interviews are scheduled with the Council Liaison, Chairman of the Board/Commission, and the affected Department Head and/or Town Manager. Based upon the task at hand, the GRIT does not suggest any one recommendation for how to fill an opening, but suggests that all of the various processes and options are viable and p dependent more upon individual preference and Board/Commission function. The Council has P used several of these methods in the last year. The GRIT respectfully submits this packet, including the above-mentioned attachments,for review. IDBoard/Commission Office of the Oro Valley Town Attorney/GRTF 12.4.01 As seen in Attachment B, the GRIT'F compiled a chart of Options for Appointment to Boards/Commissions based upon their research of surrounding municipalities and opinion interviews. The GRTF recommends setting term limits, residency requirements, and Citizen PlanningInstitute (CPI)training where applicable. Further discussions of these recommendations are provided in the remaining attachments. The Board/Commission appointment process initially begins with the applications received, and such application has been revised by the GRTF. The proposed application has been condensed with the thought that the interview will provide more specific information needed in order to make a recommendation for appointment. The proposed application was sent out to various Boards/Commissions and feedback was incorporated into the final form. The GRTF recommends acceptance of the Volunteer Application form, which was finalized by the GRIT on August 27, 2001, and recommends that the Council direct Staff to use this Volunteer Application form for all future appointments. (See Attachment C) Board/Commission Policies and Procedures The GRIT was charged with the duty to reevaluate the policies and procedures of Town Boards/Commissions. The GRTF studied each Board/Commission in relation to their specific Boar needs, the needs of the Town, and whether they evaluate members' participation and employ an evaluationprocess.rocess. As a result,the GRTF developed the Boards/Commissions Outline addressing all of the various Boards/Commissions of the Town. (See Attachment D) As the GRIT reviewed the Boards/Commissions Outline, certain elements were determined necessary to be set by Council and other elements seemed more appropriate to be set by the Board/Commission. Unless otherwise noted in the Boards/Convnissions Outline, the recommends that the Council implement a term of two (2) years; term limit of three (3) GRTF successive terms and before seeking re-appointment after serving three (3) successive terms, the volunteer shall wait one (1) ear before becoming eligible for a new appointment; and staggered y membership for standingBoards/Commissions. The GRIT also recommends that the Council me p establish residency of one(1)year for prospective Board/Commission volunteers. In addition,the GRIT recommends that the Council require completion of the CPI for Boards/Commissions addressing zoning,planning,design,and development issues. The GRIT recommends that the Council require the Boards/Commissions to establish their ownpolicies and procedures, establish an annual Work Plan, and have an annual retreat for review and evaluation of their policies and procedures. The GRIT also recommends that the Board/Commission developa self-evaluation form to provide to members yearly for their personal use. This form should become a part of the Board/Commission's policies and procedures. The GRIT further recommends that the Council direct the Boards/Commissions to use the Town Council Parliamentary Rules & Procedures and Code of Conduct as a guide, along with the attached Outlines,to establish their policies and procedures. Respectfully submitted, GOVERNMENT REVIEW TASK FORCE Chairman Paul Loomis • Page 2 TOWN OF ORO VALLEY • GOVERNMENT REVIEW TASK FORCE BOARDS/COMMISSIONS APPOINTMENT PROCESS OUTLINE I. APPOINTMENT/RE-APPOINTMENT PROCESS A. Job Posting/Job Advertising 1. Explorer Newspaper 2. Arizona Daily Star's NW section 3. Tucson Citizen 4. Town's Web Page 5. Posted at Town Hall B. Application 1. Required for each volunteer position sought a. Received at the Office of the Town Clerk b. Appointed members' applications kept on file in the Office of the Town Clerk 2. Letter requesting re-appointment a. Volunteers alerted prior to expiration of term b. Letters to Council include basis for re-appointment C. Selection Process 1. Applications kept on file in Office of the Town Manager 4110 a. Remains "active" for 1 year from receipt b. Candidates alerted if future positions become open 2. Interview a. First b. Second 3. Notification a. Recommendation (Appointment by Council) Confirmation Letter within days ii. By Telephone within days b. Acceptance Confirmation Letter within days ii. By Telephone within days c. Rejection Confirmation Letter within days ii. Candidates may call for explanation D. Membership 1. Serve without compensation 2. Serve at the pleasure of the Council E. Removal/Re-appointment by Council 1. Loss of residency constitutes resignation 2. 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We thank you kindly for volunteering to serve the Town. Please note: No volunteer shall serve on more than one standing Board at any time and must have resided in the Town for 1 year. Please return to the Town Clerk's Office, 11,000 North La Canada Drive,Oro Valley,Arizona 85737. Name Last First Middle Home Address Home Phone Business Phone Email Number of Years in Oro Valley (Must be a resident of the Town for 1 year). Signature Date 1111 Please indicate the board or commission you wish to join: Please list your volunteer services in Oro Valley and with other organizations including any boards or commissions on which you have served:(board/commission,civic,educational,cultural,social,etc.) How does your previous volunteer service prepare you for the board or commission appointment for which you have applied? Please describe an issue considered at a meeting of the Board or Commission for which you are applying. Have you attended the Citizens Planning Institute? Are you willing to attend? Briefly describe your educational/vocational background. 1111 IF DESIRED,ADDITIONAL INFORMATION MAY BE ATTACHED \V'\\\v.to\\notoroval lev.com 01/03 TOWN OF ORO VALLEY • GOVERNMENT REVIEW TASK FORCE BOARDS/COMMISSIONS OUTLINE INTRODUCTION A. Public involvement in the Local Government process II. NEEDS OF THE TOWN A. Standing Boards/Commissions 1. Planning & Zoning Commission a. Number of Members; 7 b. Term; 2 years c. Term Limits three (3) successive terms ii. one year wait until eligible for new appointment d. Membership; staggered 2. Development Review Board a. Number of Members; 7 b. Term; 2 years c. Term Limits three (3) successive terms ii. one year wait until eligible for new appointment d. Membership; staggered 3. Board of Adjustment a. Number of Members; 5 b. Term; 2 years c. Term Limits three (3) successive terms ii. one year wait until eligible for new appointment d. Membership; staggered 4. Grievance Review Board a. Number of Members; 5 b. Term; 2 years c. Term Limits three (3) successive terms ii. one year wait until eligible for new appointment d. Membership; staggered 5. Water Utility Commission a. Number of Members; 5-7 b. Term; 3 years c. Term Limits two (2) successive terms ii. one year wait until eligible for new appointment d. Membership; staggered F:\,GRTFApptOutline.doc Office of the Oro Valley Town Attorney,%GRTF 10.18.01 Page 1 of 8 6. Parks and Recreation Advisory Board • a. Number of Members; 3-7 b. Term; 2 years c. Term Limits three (3) successive terms ii. one year wait until eligible for new appointment d. Membership; staggered 7. Budget and Bond Committee a. Number of Members; 5 b. Term; 2 years c. Term Limits three (3) successive terms ii. one year wait until eligible for new appointment d. Membership; staggered 8. Public Arts Endowment Advisory Committee a. Number of Members; 5 b. Term; 2 years c. Term Limits three (3) successive terms ii. one year wait until eligible for new appointment d. Membership; staggered 9. Stormwater Utility Commission a. Number of Members; 5 b. Term; 2 years c. Term Limits three (3) successive terms ii. one year wait until eligible for new appointment d. Membership; staggered B. Specialty Boards/Commissions 1. Industrial Development Authority a. Number of Members; 3 b. Term; 6 years c. Term Limits; (none) d. Membership; staggered 2. Municipal Property Corporation a. Number of Members; 3 b. Term; 3 years c. Term Limits; (none) d. Membership; staggered C. Advisory Boards/Task Forces 1. Generally a. Number of Members; as determined by Council b. Term; until completion of project or as determined by Council F:\GRTF\ApptOutline.doc Office of the Oro Valley Town Attorne}/GRTF 10.18.01 Page 2 of 8 III. RECOMMENDED NEEDS OF BOARD A. Standing Boards/Commissions • 1. Planning & Zoning Commission a. Job Description: Makes recommendations to the Council on all matters relating to the creation of zoning districts, the enforcement of zoning regulations, amendments to all zoning ordinances, and any other matter within the scope of the zoning power. b. Goals (Annual, Council-approved Work Plan) c. Membership Requirements Oro Valley residency of 1 year ii. Completion of Citizen Planning Institute iii. Time Commitment 1. minimum length of commitment 2. hours per week/month 3. minimum number of meetings d. Qualifications e. Active Meetings Date: first Tuesday of every month ii. Time: 6:00 p.m. 2. Development Review Board a. Job Description: To review and approve architectural design and layout of proposed development • plans, which includes site planning and the relationship of the development to the environment and community. b. Goals c. Membership Requirements Oro Valley residency of 1 year ii. Completion of Citizen Planning Institute iii. Time Commitment 1. minimum length of commitment 2. 5-6 hours per month 3. minimum number of meetings d. Qualifications e. Active Meetings Date: second Tuesday of every month ii. Time: 6:00 p.m. 3. Board of Adjustment a. Job Description: A quasi-judicial board that has the power to review and decide on administrative decisions or zoning regulations that create unnecessary hardships in the development of property because of exceptional or extraordinary conditions. Unlike other boards, the BOA makes the • F:\GRTF!ApptOutline.doc Office of the Oro Valley Town Attorney/GRTF 10.18.01 Page 3 of 8 final decision on items that come before it. Final decisions of the BOA can only be appealed to the Superior Court. b. Goals c. Membership Requirements Oro Valley residency of 1 year ii. Completion of Citizen Planning Institute iii. Time Commitment 1. minimum length of commitment 2. hours per week/month 3. minimum number of meetings d. Qualifications e. Active Meetings Date: fourth Tuesday of every month ii. Time: 3:00 p.m. 4. Grievance Review Board a. Job Description: Conduct hearings related to, and rendering advisory opinions on, written grievance procedures b. Goals c. Membership Requirements Oro Valley residency of 1 year ii. Two members to be residents of the Town iii. Three members to be Town Empolyees 1. One representative of the OVPD 2. One representative from the Development Services groups 3. One from remaining groups a. Administration b. Magistrate Court c. Legal d. Water Utility iv. Time Commitment 1. minimum length of commitment 2. hours per week/month 3. minimum number of meetings d. Qualifications Town Employee members shall be in "good standing" ii. Previous personnel experience desired e. Active Meetings; as-needed basis Date: at least once annually to review internal procedures and organization ii. Special meetings held upon the call of the Chairperson or majority of the members F:\GRTFApptOutline.doc Office of the Oro Valley Town Attorney/GRTF 10.18.01 Page 4 of 8 5. Water Utility Commission a. Job Description: described in the Oro Valley Town Code § 15-4-2 b. Goals c. Membership Requirements One Member to be a qualified residential (former) Canada Hills water customer ii. One Member to be a qualified residential (former) Rancho Vistas() water customer iii. One Member shall represent a large service area outside of Oro Valley town limits iv. One Member shall represent commercial customers v. One Member shall represent turf interests vi. Two additional Members may be appointed as technically qualified at-large residential customers vii. Time Commitment 1. minimum length of commitment 2. hours per week/month 3. minimum number of meetings d. Qualifications e. Active Meetings Date: second Monday of every month ii. Time: 7:00 p.m. 6. Parks and Recreation Advisory Board a. Job Description: Acts in an advisory capacity to the Council in matters pertaining to parks and recreation, parks design, open space and trail use (prior to the review comments being submitted to other Boards or Council). b. Goals c. Membership Requirements Oro Valley residency of 1 year ii. Time Commitment 1. minimum length of commitment 2. 4 hours per week 3. minimum number of meetings d. Qualifications active/regular use of Town parks e. Active Meetings Date: third Thursday of every month ii. Time: 7:00 p.m. F:\GRTFOApptOutline.doc Office of the Oro Valley Town Attorney/GRTF 10.18.01 Page 5 of 8 7. Budget and Bond Committee a. Job Description: Advises the Council on Town budgetary issues and reviews expenditures from long- term debt issuances for conformity to the intended uses of the funds. b. Goals c. Membership Requirements Oro Valley residency of 1 year ii. Time Commitment 1. minimum length of commitment 2. hours per week/month 3. minimum number of meetings d. Qualifications e. Active Meetings; quarterly basis Date: 10th day of the month following each calendar quarter 8. Public Arts Endowment Advisory Committee a. Job Description b. Goals c. Membership Requirements Time Commitment 1. minimum length of commitment 2. hours per week/month 3. minimum number of meetings • d. Qualifications e. Active Meetings Date ii. Special meetings 9. Stormwater Utility Commission a. Job Description b. Goals c. Membership Requirements Oro Valley residency of 1 year ii. Non Town employee iii. Time Commitment 1. minimum length of commitment 2. hours per week/month 3. minimum number of meetings d. Qualifications knowledge of stormwater and water facility construction e. Active Meetings Date: third Tuesday of every month ii. Special meetings may be called by Chairman or quorum of members F:\GRTF\ApptOutline.doc Office of the Oro Valley Town Attorney/GRTF 10.18.01 Page 6 of 8 B. Specialty Boards/Commissions 1. Industrial Development Authority • a. Job Description: To issue tax-exempt bonds for certain types of private developments for the purpose of attracting new economic activity to the Town by evaluating development proposals and presenting its recommendations to the Council for final approval. b. Goals c. Membership Requirements Time Commitment 1. minimum length of commitment 2. hours per week/month 3. minimum number of meetings d. Qualifications e. Active Meetings; as-needed basis Date: once annually ii. Special meetings held upon the call of the Chairperson or majority of the members 2. Municipal Property Corporation a. Job Description: a non-profit corporation that contracts with the Town to construct and finance public facilities in accordance with specifications approved by Council, and sells bonds in order to obtain necessary funds. b. Goals c. Membership Requirements Time Commitment 1. minimum length of commitment 2. hours per week/month 3. minimum number of meetings d. Qualifications e. Active Meetings; as-needed basis Date: once annually ii. Special meetings held upon the call of the Chairperson or majority of the members C. Advisory Boards/Task Forces I. Generally a. Job Description; as determined by Council b. Goals; as determined by Council c. Membership Requirements Time Commitment 1. minimum length of commitment 2. hours per week/month 3. minimum number of meetings d. Qualifications 111 F:\GRTF\apptOutle.doc Office of the Oro Valley Town Attorney/GRTF 10.18.01 Page 7 of 8 e. Active Meetings; as-needed basis • i. Date: as determined by the Board/Task Force ii Special meetings held upon the call of Chairperson or majority of the members IV. MEMBER PARTICIPATION A. Attendance; limited absences per year B. Homework C. Participation at meetings V. MEMBER EVALUATION A. Attendance B. Homework C. Participation 11111 11111 F:\GRTF\ApptOutline.doc Office of the Oro Valley Town Attorney/GRTF 10.18.01 Page 8 of 8 _ ___,..., .... _ . ,.. „. . . .,. _,... •- ' - - - .. ,„. _:... _ ... .,‘.. - • -• - . - - .• - - -- _- .. ,„,.. .. _ , . _.•, . . . „, . .. . , . - • . . .,. . . ,. - ' . , -. . ,.....,..,:......,...,. ... , , . .,.. . . _ . 4„...... „. ,.. ,,.. . - - . .,. .., ._ . . . -- - - 11. Liaison . . s T . n Co-:---;_. --'!_'ow. ....,-._ : . DiseitS ,. r.4 j:.- • , ,=,.. ,„. _:::,,f_.;;-',.= .'-'::.,.. _ r''',:,. 1,-. . --.----.- - - --. •.=::: : : -,H, i practical.,.', ,. . ... . _ - . - - . . ....._.,,,..4 - . tions. ... - - . cta - d - expe . - - -• - .. - s „.e. ....,(_..., _ .--, _ ;, . = - -..._ - -' : ' ' - - . - - 1 -.. T ion_ ..: . , .,.,,, .,___,.., _. .„,_.,....,.., . -Ann- icat, .. ..ai-jr-r' • S. . d b tibmitte - y - mayor . • - - Vice-- --:-..., : .- G . . . .. - - le) illasPi- i .. ....„.,...,...::.,....„.„,,__.... .. . . . . ............„...„ ::::...,____...,_„..„...___. . ._.. . ,_;:...,....".........r.. ..„ . _ . .... . ..... . . .. . ._ . ... .. ...._...,.. . .. ,. .. . . •., . , . _ , .„,...,..... _..... . . . ., ......:ii . _,...,,,,,_...,.i.:„,,,_.,, . . .,.....,.._,.,...„..,... .,:....,.,....,..y.._.. .. _ .. .. .....,; .__ , ,,..„,,........... . _ __ _ . . ..„....._ _ . . . .._. . .. _ ... . . . _ _ . ..:. . ......_ ___ . ,,,,,,,_,,,,,,.,_ _ _. . . . .._,...,... . .. ..„ ..,,.::-_..- _.J.....,.,,..,....„,,,s. ,.:.... . ,,,....,..„...„,,,,. . . .. ._ ,_:,...„.,.., . . .:„....,. ._. ...._. . ..._.....-...„.._....-....,._:,....„.„:„.„,..„„..,__„.....,-,.„,,,,„.„,„,:r.., . ..,._ _ . ., _ _ ,, . . ...,.... . •rr- .,.....,, .., , .. .. ..,....:,.......,........,_._ ,:,.......,,,_..‘_ _.„, _... .. . ,, .... .,..,_•.•,•'.--•:.......r.•`._ .••-••'.: , •, • _ ..•..>. ,,._ - ... -.rte - - _ n r 140 Policy No. 8 TOWN COUNCIL POLICY Date Of Adoption Date of Revision TITLE: COUNCIL LIAISON TO BOARDS AND COMMISSIONS Page 1 of 2 Purpose and Need for Policy The purpose of this policy is to define the position of Council Liaison to Boards and Commissions. The position of Council Liaison was created in order to allow council members the opportunity to bring Council adopted policies to a particular board or commission, and keep the Town Council informed as to the actions of that advisory group. II. Policy It is the policy of the Town Council to establish or improve the lines of communication between Boards and Committees and the Town Council. lihrj Therefore, it shall be the policy of the Town Council to assign amongst themselves liaisons to the various Council appointed Boards and Committees. The Liaison will attend the meetings of the Board or Committee for which he has been assigned and represent the Council as a whole. The Liaison will then inform the Mayor and Town Council members of discussions or events which occurred at said meetings. Communication may be in the form of Council Reports (at regular meetings), written memorandum or e-mail. It is the intent of this Policy that when so requested, the Council Liaison provide Board and Committee members with the goals and objectives of the Council as a whole. It should also be noted that when requested, the Liaison provide the Council with the opinions and objectives of the Board or Committee members. It should be clear that the Council Liaison shall not be a voting member of the Board or Committee for which he is assigned and shall not to use this position to either direct or influence members of the respective Board or Committee at any time. III. Procedure to Accomplish Policy The Council Liaison will attend all meetings of the Advisory Boards or Committees to which he has been appointed. Following the meeting, the Liaison shall prepare a summarization of the events which occurred and inform the Mayor and Town Council of same. If the Council Liaison is 4IW unavailable to attend said meeting, he shall make contact with the Chair or Staff Support for that Board or Commission to obtain the necessary information. IV. Responsibility to Accomplish Policy It is the responsibility of the appointed Council Liaison to a Board or Committee to accomplish this policy. APPROVED BY THE TOWN COUNCIL: Mayor DATE: 1-1— — 00 s 74 Policy No. 9 TOWN COUNCIL POLICY Date Adoption 10/16/02 Date of Revision TITLE: COUNCIL LIAISON TO AMPHITHEATER SCHOOL Page 1 of 1 DISTRICT GOVERNING BOARD 9 1. Purpose and Need for Policy The purpose of this policy is to maintain and improve communication between the Oro Valley Town Council and the Amphitheater School District Governing Board, thereby establishing the position of Council Member Liaison to the Amphitheater School District Governing Board. II. Policy The Council Member Liaison will §A— review the Amphitheater Governing Board's regular monthly meeting agendas, as forwarded by the Town Clerk's office. Liaison's attendance at School Board meetings will be on an "as needed" basis as determined by the Liaison. §B - inform the Amphitheater Superintendent of issues or matters t that the Council is considering that may impact the District, i.e., rezonings, road construction projects, etc. §C - inform the other Oro Valley Town Council members of actions contemplated or taken by the Amphitheater School Board as they deem appropriate. §D - meet quarterly with the Town Manager, the Amphitheater School District Superintendent, and President of the Amphi Board to discuss subjects of mutual interest, such as establish Intergovernmental Agreements as needed; promote joint-use facilities when possible; address health and safety issues; and help identify future school sites based upon community needs and specific criteria outlined by the District; and create a working group (or committee) as deemed necessary. APPROVED BY THE TOWN COUNCIL: Mayor Paul H. Loomis 4kari Date: /(0,//0 -- COUNCIL LIAISON ASSIGNMENTS EFFECTIVE 7/6/05 Planning and Zoning Commission Barry Gillaspie Development Review Board Conny Culver Parks & Recreation Advisory Board Terry Parish Budget & Bond Committee Helen Dankwerth Water Utility Commission Paul Loomis Police Department Conny Culver MTCVB K.C. Carter Chamber of NW Pima County Terry Parish Legislative Liaison Helen Dankwerth Pima Assn. of Governments Paul Loomis Pima Assn. of Governments Alternate Barry Gillaspie Amphitheater School Dist. Liaison Paula Abbott Historic Commission Conny Culver Storm Water Utility Commission K.C. 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(Submitted by CounciliMember Culver) • • a Ds •m. stalimect for public ineetings by(S. mitted . Council. Member • . • . . . . '-'~'-'40.4*P''''W4Ati,4' • '=•• •" ; Culver) •- . _ • „..-. _ - _r•- .•_. - • •- . . - • . ;• • - frT,..Vet.,,,:itAiVtit..,, • - - - - _ - - • - • ,••_. _ • . - • • " . . - • ■ S F = f reports post- ( on web- approx rate date-how to • p ricize � (Sub rr 'tted by Counc1JMember Culver) Message Page 1 of I -lacobs, Amanda tilWrom: Cuvelier, Kathryn Sent: Thursday, September 15, 2005 2:48 PM To: Jacobs, Amanda Cc: Sweet, Charles Subject: RE: Staff Reports on Web The Council Communications only will be placed on the Town's website starting with the first meeting in October (maps and attachments will not be posted to the web because of the amount of memory to down load them). So I think this issue is addressed! Thanks. Kath Original Message From: Jacobs, Amanda Sent: Thursday, September 15, 2005 11:50 AM To: Cuvelier, Kathryn Subject: Staff Reports on Web Kathi: Council Member Culver requested the following item on the Council Retreat agenda: oure Staff reports posted on web-approximate date-how to publicize Chuck said you working on this and the reports might already be on the web. Could you let me know? Do you have information on this item that I can use for the Council Retreat packet? Thanks, Amanda 9119/2005 . , • 1 „ , ..,::,.,„,„„: . ,,, . 45 . . . , , ,,,.., dill . 7 X IP t', rfi" ''',r I _,,, tan i . g time 14-r ' its with co; .,;E: 4 ':-..i: -- .:.----. cuts vs. questions,, (Submitted by Co= n.ciii, Member ...._,,........„,,.....„..,,,,,,„,,,..,..._. Culver) ,_,,,,,,:„7.1,_:: ,:*,,,,,,,„_,._:,:0,4.5„,..„.„!,,,„,,ft,„,,,,rv,_,,,„,,,..„!:::::„..:,i7.,„„„:„.„.,,,,,, ,,,..„,,...,,,,,77,E.,,,..::.,..,,,,,..,„.„.1z..:,•.„ , 44_:.-,,,;-:::::-44,,_.-:,,,,,_,:il.;,:oe.,,!„...,;" ,-_:-,,-. .1tAili,Pi:,,,,fili-21-gr,::;:i*-Pix"-:Ftwi,;*L-: ::;,1,:,--i--t':;•.-i,.-;_*7.#4**-14*-wo.= 1,groms,.41,4: 444,-z-A-,:::.,,,::,71,::,-,--.1-'1:-:',--:-:34.-,-&H•- '' '------ ---- ' - ,,,:-•,34::-..,k-_-,i::....i;,.-d-;14!- -,30,..-_-,,,,,,v4-0.f .vet-ws,„1_,-,A,.- 4*-- _ _...'..... .,:- : r .. ... >:.c..,.....t. _, . • .:'j. rd. 3i ...: ..i. .„3.' x...c'..y -.;..' - x� 'f2i_/ # �F ."}ci+ C ✓.. ,r_. ,.: .tea a. ...__,..-,........r..r.. ,.,...,.... .. -.. .. _... ..,.._ .. _r,_ �. .y,w:",i.... _ _ Right Versus Right Dilemma Dealing with a Grandstander August 2002 QUESTION e have an individual on our council who is running for re-election. His colleagues on the council are veryfrustrated with him because he consistently uses the council meeting to grandstand. His comments on agenda items are shamelessly self-promotional and o en g y .� the meetin si ni icantl y because of th.e time they take. A number of his colleagues have prolong meeting � talked with him about this issue to no avail. What arey thoughtsfyou and,our agree such conduct is inappropriate, what should we do? ANSWER Values at Stake In First, let's define some terms.The resource. Most local officials recognize This Dilemma dictionary defines "grandstanding" as this and avoid yielding to any "playing or acting so as to impress temptation to grandstand. onlookers." Public meetings were not Grandstanding is a subset of a larger Trustworthiness created as opportunities for elected or Cate ofproblematic meeting officials (or wannabe elected officials) category ibili impress each other, the media or behavior: wasting meeting time Responsibility to the public.The purpose of a public (for example, rambling debates P P P and asking questions that would V' Respect meeting is to accomplish the public's business in as productive, efficient be unnecessary with advance preparation for the discussion). Loyalty and professional manner as possible. A Greek philosopher once noted that What can escape grandstanders is the P p Compassion ethical dimension of their behavior. "time is the most valuable thing a spend."' Public meetingWasting meeting time implicates two Fairness [person] cans P values: responsibility and respect. time is an exceptionally precious Quote Unquote A man wrapped up in himselfmakes a very small bundle. — BE-NjAMIN FRANKLIN Be sincere; be brief be seated. — FRANKLIN DELANO ROOSEVELT Everyday Ethics for Local Officials:Finding Your Way At Meetings 45 y y b w -L. .. s-._..... d. i:::.._ ...,,4,..,_-,,,--:,,,.:-..e,:,.:,__.,,.,... ._':,4;: ',77'',-; e 'r. v r' ,"4„_,,i,=-4/..-.''' -5/ - «t. The Public's Time ;1 By definition, How does grandstanding waste the public's time?There are likely to be grandstanding and individuals in the audience who are sowaiting an opportunity to speak or other public meeting time- for later items on the agenda.They troubles for misusing public resources will be frustrated and resentful of an wasters use colleagues' (including for campaign purposes) for elected official who is prolonging personal benefit and accepting bribes. the meetingin a self-serving and time for an altogether Grandstanding is of course a much different issue, but there is a common unproductive manner—particularly when the audience members have different purpose: thread in the analysis that local taken the time to come and self-promotion. officials may want to ponder. participate in the agency's business. The bottom line is one should never (The irony of this situation is that, in expect personal advantages in return an effort to endear himself to voters, for public service. Public servants your colleague is likely to be having Colleagues'Time can have the satisfaction of having the opposite effect.) contributed to the betterment of Another precious resource is one's their communities, but those who are Why should the grandstanding public fellow elected officials' rime. Serving official (and others) care about the looking for more individual benefits on a public agency governing board frompublic service are lookingfor publics frustration. The sense that inevitably takes time away from one's public meetings are unnecessarily long ethical troubles. family, work and personal interests. may ultimately discourage the public The purpose ose of discussion at Moreover,local officials sell themselves from attending the meetings (or governing body meetings is to short when they key their ethical watching them on cable) in the long gather and share information helpful standards to what the law allows or run and alienate them from civic to the body's ultimate decision. By prohibits.The bottom line is that just affairs. As a result, the public will definition, grandstanding and other because conduct is legal, doesn't mean be less informed and less supportive public meeting time-wasters use it is ethical. A public official who of the city. Grandstanding therefore colleagues' time for an altogether sets ethical standards by what the law diminishes the public's respect for the different purpose: self-promotion. allows and does not allow is using a city and the city's ability to address - false ethical compass. As indicated 0 community issues. It also plays in to To the extent that public service gets above, there are a number of ethical and usuallyinaccurate) too frustrating for individuals, the popular ( b issues relating to using meeting time caricatures of self-serving and self- time-abuser has diminished another to grandstand, even though the centered politicians. community resource: people's conduct probably does not sink to willingness to engage in public the level of violating the law. service. This too can be an ethical Staff Time issue because it deprives the city of its potential leaders. Everyone's Doing It Grandstanding also wastes staff time at the council meeting.Although staff The grandstander/meeting-time-waster is being paid to sit through the The Other Side? may also point out that the public meeting, unnecessarily long meetings and his rival candidates the seat he is mean that staff is being used The grandstander may respond to seeking re-elected to make the same unproductively. Staff time is a public these observations by saying "Hey, abuse of the public comment time. resource. It is never ethical to waste what about all the time I give to the Hard as it is, a tit-for-tat approach to the public's resources. community? What's so wrong if I get misusing meeting time is not the best some free public exposure in return? approach.The moms of the world I am not doing anything illegal." have it right when they admonish Grandstanding therefore This is an especially dangerous line of that two wrongs don't make a right. thinking. First, it puts public officials diminishes the public's on an extraordinarily slippery slope. Looking for ways to "get something cityJust because conduct respect for the and the in return" for one's public service is the kind of thinkingthat has gotten city's ability to address b ,b is legal, doesn't mean public officials into serious legal community issues. it is ethical. 1111 46 Institute for Local Self Government The bottom line is one should never expect personal End note 'Theophrastus,from Diogenes Laertius, advantages in return for public service. Lives of Eminent Philosophers. 0 What to Do? respect, kindness, consideration, and Perha s the more difficultquestion is courtesy to others.'' P Aspirational Goals what to do about grandstanders and In a similar vein, the City of Santa other meeting-time-wasters. Members Clara's Ethics and Values Statement Other relevant ethics of your council have already taken a emphasizes the importance of code provisions relevant good first step by discussing the issue communication, particularly effective to this topic include: forthrightly with the offending nvo-way communication that involves council member. listening carefully and adding value • Respect. to conversation.The statement also I listen carefully and ask Some agencies have adopted self- emphasizes the value of collaboration imposed limits on elected official } _ T �T, questions that add value and acknowledges that city officials comments. For example, a southern are part of an overall team. to discussions. California water agency's "Code of Civil Behavior" includes this board Interestingly, both the Sunnyvale • Fairness. member commitment to: and Santa Clara codes of ethics are I support the public's length of comments phrased in the positive — describing right to know and Limit theg what affirmative behavior city officials promote meaningful during board meetings to three should engage in as opposed to what public involvement. minutes per director per item and do not re eat oints that behavior is prohibited. Moreover,P P Santa Clara has taken the additional • Responsibility. already have been stated by step of convening meetings with I come to meetings and other directors. council candidates to discuss the I come to them prepared. This levels the playing field a bit city's ethics and values statements, and ideally will send the message so candidates are aware of and can I do not promise that which that grandstanding by either elected be held accountable for behavior I have reason to believe is 4111 officials or the public is not a pro- inconsistent with those values unrealistic. ductive use of public meeting time. (for example, grandstanding during public comment time). • Compassion. Similarly, some cities have adopted I realize that some people codes of ethics and values that address Author John Updike observed, these kinds of issues. For example, the "A healthy male adult bore consumes are intimidated by the City of Sunnyvale's code of conduct each year one and a half times his public process and try to specifically says that city council own weight in other people's make their interactions as members should "[b]e respectful patience." Patience is the great stress-free as possible. of other people's time. Stay focused lubricant of a civil society. To the and act efficiently during public extent that grandstanders and other • Trustworthiness. meetings." It also says council meeting-time-wasters exhaust the I remember that my role is members should "[f]ully participate public's and their colleague's patience, first and foremost to serve in City Council meetings and other the civility and health of our civic the community. public forums while demonstrating institutions are put at risk. I do not use my public position for personal gain. Patience is the great lubricant of a civil society. Other sample ethics code provisions are available under To the extent that grandstanders and other the"ethics codes"tab of the Institute's website at meeting-time-wasters exhaust the public's and www.ilsg.org/trust. their colleague's patience, the civility and health of our civic institutions are put at risk. 111 Everyday Ethics for Local Officials:Finding Your Way At Meetings 47 Robert's Rules of order Art. VII. Debate. 42. Debate 43. Decorum in Debate 4. Closing and Preventing Debate 45. Principles of Debate and Undebatable Motions ._._ p 42. Debate. In :._ are explained the necessary steps preliminary to debate namely, that when no business is pending a member shall rise and address the chair by his title, and be recognized by the chair as having obtained the floor; and that the member shall then make a motion which, after being seconded, shall be stated by the chair, who shall then ask, "Are you ready for the question?"The question is then open to debate, as is partially explained in 7, which should be read in connection with this section. No member shall speak more than twice during the same day to the same question (only once on an appeal), nor longer 41IP than ten minutes at one time, without leave of the assembly; and the question upon granting the leave shall be decided by a two-thirds vote without debate.' No member can speak a second time to a question as long as any member desires to speak who has not spoken to the question. If greater freedom is desired, the proper course is to go into committee of the whole, or to consider it informally, either of which requires only a majority vote; or to extend the limits of debate pc], which requires a two-thirds vote. So the debate, by a two-thirds vote, may be limited to any extent desired, as shown in . The member upon whose motion the subject was brought before the assembly, is entitled to close the debate with a speech, if he has not previously exhausted his twenty minutes, but not until every one else wishing to speak has spoken. He cannot, however, avail himself of this privilege after debate has been closed.-= An amendment, or any other motion, being offered, makes the real question before the assembly a different one, and, in regard to the right to debate, is treated as a new question. When an amendment is pending the debate must be confined to the merits of the amendment, unless it is of such a nature that its decision practically decides the main question. Merely asking a question, or making a suggestion, is not considered as speaking. The maker of a motion, though he can vote against it, cannot speak against his own motion. [To close the debate see .] The right of members to debate and, make motions cannot be cut off by the • chair's putting a question to vote with such rapidity as to prevent the members getting the floor after the chair has inquired if the assembly is ready for the question. Even after the chair has announced the vote, if it is found that a member arose and addressed the chair with reasonable promptness after the chair asked, "Are you ready for the question?' he is then entitled to the floor, and the question is in exactly the same condition it was before it was put to vote. But if the chair gives ample opportunity for members to claim the floor before putting the question and they do not avail themselves of it, they cannot claim the right of debate after the voting has commenced. 1.The limit of time should vary to suit circumstances,but the limit of two speeches of ten minutes each will usually answer in ordinary assemblies and,when desirable,by a two-thirds vote it can be increased or diminished as shown in w .In the U.S. House of Representatives no member can speak more than once to the same question,nor longer than one hour.In the Senate there is no limit to the length of a speech and no senator can speak more than twice on the same day to the same question without leave of the Senate,which question is undebatable. 2.Formerly the member who reported a proposition from a committee was permitted to close the debate in the House after the previous question was ordered,provided he had not used all of his hour previously. 43. Decorum in Debate. In debate a member must confine himself to the question before the assembly, and avoid personalities. He cannot reflect upon any act of the assembly, unless he intends to conclude his remarks with a motion 41110 to rescind such action, or else while debating such a motion. In referring to another member, he should, as much as possible, avoid using his name, rather referring to him as "the member who spoke last," or in some other way describing him. The officers of the assembly should always be referred to by their official titles. It is not allowable to arraign the motives of a member, but the nature or consequences of a measure may be condemned in strong terms. It is not the man, but the measure, that is the subject of debate. If one desires to ask a question of the member speaking, he should rise, and without waiting to be recognized, say, "Mr. Chairman, I should like to ask the gentleman a question." The chair then asks the speaker if he is willing to be interrupted, or the speaker may at once consent or decline, addressing, however, the chair, through whom the conversation must be carried on, as members cannot directly address one another in a deliberative assembly. If the speaker consents to the question, the time consumed by the interruption comes out of the time of the speaker. If at any time the chairman rises to state a point of order, or give information, or otherwise speak, within his privilege, the member speaking must take his seat till the chairman has been heard first. When called to order by the chair the member must sit down until the question of order is decided. If his remarks are decided to be improper, he cannot proceed, if any one objects, without the leave of the assembly expressed by a vote, upon which question no debate is allowed. Disorderly words should be taken down by the member who objects to them, or by the secretary, and then read to the member. If he denies them, the assembly shall decide by a vote whether they are his words or not. If a member cannot justify the words he used, and will not suitably apologize for using them, it is the duty of the assembly to act in the case. If the disorderly words are of a personal nature, after each party has been heard, and before the assembly proceeds to deliberate upon the case, both parties to the personality should retire, it being a general rule that no member should be present in the assembly when any matter relating to himself is under debate. It is not, however, necessary for the member objecting to the words to retire unless he is personally involved in the case. Disorderly words to the presiding officer, or in respect to the official acts of an officer, do not involve the officer so as to require him to retire. If any business has taken place since the member spoke, it is too late to take notice of any disorderly words he used. During debate, and while the chairman is speaking, or the assembly is engaged in voting, no member is permitted to disturb the assembly by whispering, or walking across the floor, or in any other way. 44. Closing Debate and Preventing Debate. When the debate appears to the chairman to be finished, he should inquire, "Are you ready for the question?" If, after a reasonable pause, no one rises to claim the floor, the chair assumes that no member wishes to speak and, standing, proceeds to put the question. Debate is not closed by the chairman's rising and putting the question, as until both the affirmative and the negative are put, a member can rise and claim the floor, and reopen the debate or make a motion, provided he rises with reasonable promptness after the chair asks, "Are you ready for the question?" If the debate is resumed the question must be put again, both the affirmative and the negative. Should this privilege be abused by members not responding to the inquiry, "Are you ready for the question?" and intentionally waiting until the affirmative vote has been taken and then rising and reopening the debate, the chair should act as in case of dilatory motions [ ], or any other attempt to obstruct business, and protect the assembly from annoyance. When a vote is taken a second time, as when a division is called for, debate cannot be resumed except by general consent. If two-thirds of the assembly wish to close the debate without allowing all the time desired by others, they can do so by ordering either the previous question or the closing of the debate at a certain time; or they can limit the length of the speeches and allow each member to speak only once on each question, as fully explained in and 3 . These motions require a two-thirds- vote, as they suspend the fundamental right of every member of a deliberative assembly to have every question fully discussed before it is finally disposed of. A majority vote may lay the question on the table and thus temporarily suspend the debate, 110 but it can be resumed by taking the question from the table by a majority vote when no question is before the assembly [ ], at a time when business of this IMO class, or unfinished business, or new business, is in order. If it is desired to prevent any discussion of a subject, even by its introducer, the only way to do it is to object to the consideration of the question Liji before it is debated, or any subsidiary motion is stated. If the objection is sustained by a two-thirds vote, the question is thrown out for that session. 1.In the Senate not even two-thirds of the members can force a measure to its passage without allowing debate,the Senate rules not recognizing the above motions.In the House,where each speaker can occupy the floor one hour,any of these motions to cut off debate can be adopted by a mere majority,but practically they are not used until after some debate.Rule 27,§3,H.R., expressly provides that forty minutes twenty on each side,shall be allowed for debate whenever the previous question is ordered on a proposition on which there has been no debate,or when the rules are suspended.[See note to °:.]In ordinary societies harmony is so essential that a two-thirds vote should be required to force the assembly to a final vote without allowing free debate. 45. Principles of Debate and Undebatable Motions. All main motions are debatable, and debate is allowed or prohibited on other motions in accordance with the following principles: (a) High privilege is, as a rule, incompatible with the right of debate of the privileged motion. and, therefore, all highly privileged motions are undebatable, except those relating to the privileges of the assembly or a member. Questions of privilege [j ] rarely arise, but when they do, they are likely to be so important that 41. they must be allowed to interrupt business, and yet they cannot generally be acted upon intelligently without debate. and, therefore, they are debatable. The same is true of appeals from the decision of the chair which are debatable, unless they relate to indecorum, or to transgression of the rules of speaking, or to priority of business, or are made while an undebatable question is pending; in which cases there is not sufficient need of debate to justify making them an exception to the rule, and therefore an appeal under any of these circumstances is undebatable. (b) Motions that have the effect of suspending a rule are not debatable. Consequently motions to suppress, or to limit, or to extend the limits of, debate are undebatable, as they suspend the ordinary rules of debate. (c) Appeals made after the previous question has been ordered are undebatable, as it would be manifestly improper to permit debate on them when the assembly by a two-thirds vote has closed debate on the pending question. So any order limiting debate on the pending question applies to questions arising while the order is in force. (d) To Amend, or to Reconsider, an undebatable question is undebatable, 41. whereas to amend, or to reconsider, a debatable question is debatable. (e) A Subsidiary Motion [ : ] is debatable to just the extent that it interferes with the right of the assembly to take up the original question at its pleasure. Illustrations: To "Postpone Indefinitely" a question places it out of the power of the assembly to again take it up during that session, except by reconsideration, and consequently this motion allows of free debate, even involving the whole merits of the original question. To "Commit" a question only delays the discussion until the committee reports, when it is open to free debate, so it is only debatable as to the propriety of the commitment and as to the instructions, etc. To "Postpone to a Certain Time" prevents the consideration of the question till the specified time, except by a reconsideration or suspension of the rules, and therefore allows of limited debate upon the propriety of the postponement. To "Lay on the Table" leaves the question so that the assembly can consider it at any time that that question or that class of business is in order, and therefore to lay on the table should not be, and is not, debatable. Because a motion is undebatable it does not follow that while it is pending the chair may not permit a question or an explanation. The distinction between debate and asking questions or making brief suggestions, should be kept clearly in mind, and when the latter will aid the assembly in transacting business, the chair should permit it before taking the vote on an undebatable question. He should, however, remain standing during the colloquy to show that he has the floor, and he should not allow any more delay in putting the question than he feels is helpful to the business. The following lists of motions that open the main question to debate, and of those that are undebatable, are made in accordance with the above principles: Motions That Open the Main Question to Debate. Postpone Indefinitely Reconsider a Debatable Question 361 Rescind 37 Ratify 39 Y t 4or 411. Undebatable Motions. Fix the Time to which to Adjourn (when a privileged question) il6 Adjourn (when unqualified in an assembly that has provided for future meetings) Take a Recess (when privileged) 7,181- , Call for the Orders of the Day, and questions relating to priority of business 1201. Appeal when made while an undebatable question F is pending, or when simply relating to indecorum, or transgression of the rules of speaking, or to priority of business 22 Suspension of the Rules 22 p Objection to the Consideration of a Question i23I Incidental Motions, except an Appeal as shown above in this list under Appeal 1111 41111 Lay on the Table 28 Previous Question [29] and Motions to Close, Limit, or Extend the Limits of Debate 130' Amend an Undebatable Motion 33 Reconsider an Undebatable Motion E36 • a Number of Council Study Sessions and the rescheduling of Council Study Sessions (Submitted by Council Member Dankwerth) Study Session and Future Agenda Item DOCKET Council Regular Meeting 04120/05 Continued: Council Policy #11 to 05/04/05 Continued: Council Policy #1 to 05/18/05 Continued: ORD 05-14 re rezoning land near Wilson School to 05/18/05 Continued: Volunteer Code of Conduct to future Study Session Council Regular Meeting 05/04/05 Continued: Council Policy #8, 9 to future Study Session in June/July Future Item: Council Policy #5 Council Regular Meeting 05/18/05 Future Item: Amending Tax Code re Privilege License Tax Continued: Council Policy #1 to 06/01/05 `✓ Continued: Strategic Plan to Council Retreat Council Regular Meeting 06/01/05 Future Item: Board/Commission Appointment to 06/15/05 Council Regular Meeting 06/15/05 Continued: Res 05-35 re Bed Tax to Study Session, then Regualr Meeting 08/17/05 Future Item: Changing Council Procedures re: Board/Commission Future Item: Limit Debate Future Item: Council Liaison to employees Future Item: Eliminating Agenda Cmte Continued: Res 05-25 re Deutsch Contract to Special Meeting 06/29/05 Council Regular Meeting 07/06/05 Continued: Limit Debate to Council Retreat Continued: Abolish Agenda Cmte to Council Retreat Future Item: Council Policy Changes; how to (re SOVOG?) 07/20/05 Continued: League Resolution re child booster seat to 08/03/05 Direct Staff: Report re Policy #29 by 10/19/05 Continued: Council Retreat Date to next meeting Future Item: Public Art approval policy Council Regular Meeting 08/03!05 Continued: Res 05-53 to 08/17105 Continued: BOA Rules to future Study Session Continued: PZ Work Plan to future Study Session Future Item: Mtn View Avenue Construction in October Future Item: NTS Funding to Study Session 08/31/05 Council Regular Meeting �,. 08/24/05 -none- Council Regular Meeting 09/07/05 -none- a Public input during Study Sessions and Special Meetings (Submitted by Council Member Abbott) EXCERPT FROM CHAPTER 8 OF THE �,. TOWN COUNCIL PARLIAMENTARY RULES & PROCEDURES AND CODE OF CONDUCT 8.6 PUBLIC INPUT AT NON-PUBLIC HEARINGS In the event a person in the audience wishes to address the Council on an issue on the agenda which is not a public hearing, the person should fill out a blue card located in the back of the Council Chambers and submit it to the Town Clerk. The Mayor, or upon a majority vote of the Council, shall determine whether the Council will hear from the public. Any such public address may be limited to no more than three(3) minutes per person. If there are several speakers on a matter, one person may not assign his time to another. Citizen groups may select a person to make their presentation in their behalf within the allotted 3 minute time limit. (Amended (R)04-125,12/01/04). Written communications related to an agenda item not submitted in the Council's meeting packet should be delivered to the Town Clerk three(3) full working days in advance of the Council meeting and will be copied and delivered to each Council Member two (2)full working days in advance of the Council meeting. However, all such written communications shall not be read into the record by the Town Clerk unless, by a majority vote of the Council Members present, the Council votes to have the Town Clerk read the item into the record. Written communication may be delivered to the Town Clerk at the time of a person's address to the Council but these documents may not be reviewed, addressed, or commented on at the Council meeting by the Council. (Amended (R)04-125,12/01/04). • 1 •- •.._ - � - _.....-. �. -,... ., .:' -,.. _.-... .. -..,.,.. ..-+s•._.. ., .... n .::..ice_ - ,-- :,�{����- .....:rte. •...w.:_ ...,'�. ?" - - i r� - - - z :r 0 , • Discuss the role andassignments of the Governmental and Community Relations Relations eaAdministrator r elevant to the Council. (Public communication processes and procedures). (Submitted by Vice-Mayor Giiiaspie . I Town of Oro Valley Classification Description '14-' d,1: Title: Government and Community Department: Varies Relations Administrator ......:.... ......: Class Code•. 1720 FLSA: € Salary Grade: 66 Revision 4/1/05 a Dates: z............................... POSITION SUMMARY: Under administrative direction, performs community liaison activities, report compilation, maintaining departmental and outside agency contacts, interaction with the Mayor, Town Manager and staff, department directors, Town Council and the general public. Essential functions, as defined under the Americans with Disabilities Act, may include the following duties, knowledge, skills and abilities. This list of duties is illustrative only, and is not a comprehensive listing of all functions and duties performed by positions in this class. Incumbents in this class may not be required to perform all duties listed and may be required to perform additional position-specific duties. ESSENTIAL FUNCTIONS: • Plans, implements and maintains community relations activities with the general public and Town staff. • Advises elected officials and senior management on public information opportunities and methods. • Promotes the Town of Oro Valley, activities and programs through contacts with media. • Prepares press release information and supporting materials for promotional or X' informative measures. • Monitors local and national media for trends, legislation, editorial or news stories relating to Oro Valley or similar communities. • Conducts public presentations of Town activities or projects to the general public, Mayor, Town Manager, staff and Town Council. • Resolves and answers public and Town staff questions and complaints. ESSENTIAL KNOWLEDGE AND SKILLS: • Knowledge of public relations, communications, promotional and marketing methods and techniques. • Knowledge of newsletter, advertisement, brochure, press release development techniques. • Knowledge of computer hardware and software. • Knowledge of Town policies and procedures. • Skill in effective oral and written communications. • Skill in conducting and presenting marketing information. • Skill in networking with national, regional and local officials, news organizations and the media. • Skill in using discretion in evaluating and determining what and how much information to release to the public on sensitive issues. 4 i :7 �„R.:+<>;::.`.'::',. :+:":6+o.;;b:':•ij.<;>Fi:.>.:::::>:;::::.>•.?. :ri;�.:d✓x+ .:::tia.:Y'::a::.y'y:v:%:w 2;.:<+n.'di`f'!$::.#3<t`C:r�'`: Town of Oro Valley Page 1 of 2 (Original/signed Position Description is on file in Human Resources.) MINIMUM QUALIFICATIONS: t. } • A Bachelors degree in Public Relations, Communications or related field. • Five (5) years experience in public relations and/or media relations; OR an equivalent combination of education and experience. ENVIRONMENTAL FACTORS and CONDITIONS/PHYSICAL REQUIREMENTS: • Work is performed in indoor and outdoor environments. .!G::.JYr..,.ak...C.`v.a.o..Iri..rJ!:.r:<Gx r.......Yai`a.•gnrf7.rxJ`a.<..nF.c.:.<C�:k. .J.•....L::,,ryri:.:.,f r...^?a'Y•:.�::�%9.'i:>.%xtih�+.t....:.i'2?::>i:'t:%R:R.:r:f;:F::..r•.:..:?:2;+>:.:.ry::,.:..:,ya<.,%� J JC1°"ot •;r:.:u.•a?:oar:.,:.T56:..u..,.w...,.....v.n,Ea;.........)....x...:.,5.......i....::x:..,....n.r....rx.•.....�.:...Y.>...bk.....a....,,.w...u:...... � .�:r:.... 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'•'-r tY': .Ii ,-i•s t...a_..�' .:-. :_ .-:, �ya�. �"-�-• "y^._.-:''.. :`.,.•:-,'+..his;:.'.-•'..:.z�- �.-:s.a..r..,, z,.. .F- <"-��.ta_ �"r•..t.� > -�t t•::--�,s�.�-+.Yw_L•e•' ..r�,z -rts.•v;..,:_.,..s,:,r.:T.�...i-r,P '..> ..r r_... __A_ .Y..i.,�, .�^' f,:'.�...� 2;�.:ss-'�k-'"'....,+r�;-:;. �.-z.Y,_��-- ro. _�:-'�. ,�:k;..�.iz� ",��7���..` .'.,, � ?:.':i�:::.-"� w-':.:: .;.: �-+,.t�:%�':s_. L�-..�'r^'..r ;.°"�.��.x-,<_x� --�..i t-a:-:�g�`� ��-._�.�`� .,�k�,.�•�9_ xY �,s6..,•.,.,Av"�'� - - • a Public relations efforts on behalf of Council/Town-proactive approach (Submitted by Council Member Dankwerth) TOWN OF ORO VALLEY klirf COUNCIL COMMUNICATION MEETING DATE: December 15, 2004 TO: The Honorable Mayor and Council FROM: Bob Kovitz, Public Information Officer Kevin Verville, Information Technology Administrator SUBJ: Discussion and direction for improved communications between the Town Council and citizens BACKGROUND At its November 29, 2004, Study Session, the Town Council discussed a number of different methods that might be used to improve communications between the Council and the citizens of Oro Valley. This discussion took place after the Council had given direction to staff in September, 2004, to return to the Council with a list of various methods. This Council Communication, therefore, contains the items that were discussed by the 41110 Council on p November 29 alongwith the "pros" and "cons" of each item as well as the material and man-hour costs associated with each. DISCUSSION 1 . Inserts in Town-wide Water Utility billings Water bill inserts would be limited in content and size so that they would not cause the postage a costs to increase. In addition, some of the inserts would have to be sent separately at the first class rate since not all local residents are customers of the Oro p Y Valley Water Utility. Pros: The water bill inserts are read by the citizens. According to the Public Information Survey conducted by the University of Arizona for the Town in 2003, 61% of the respondents stated that they read the water bill inserts. The inserts are inexpensive to produce. Cons: In order to keep the insert light enough to avoid an increase in postage costs, the insert might be limited to a 1/3 page. [For 2005, the Water Utility already has 11. inserts reserved for 9 of the 12 months. The Council could add full page inserts in February, April or August; the Council could add only 1/3 page inserts in May, July and November. All other months are already full with inserts from other departments or civic organizations.] The 1/3 page insert would have enough space to list some Council actions or Town activities, but there would be inadequate space for any significant background or discussion of important issues. Furthermore, there would need to be a final decision made regarding the content if the Council chooses to list accomplishments from theP ast 3 months. Council member Dankwerth had previously suggested a committee to make these content decisions. Estimated material cost: $1,000 per quarter Estimated man-hour cost per quarter: $250-500 2. Web logs (or "blogs") A "blog" is a relativelynew form of communication. It is, in essence, a kind of electronic diary where the writer may share information or opinions on various subjects. Each Council member could choose to create his or her own blog. quick Blogs are ways to get the same information out to everyone who chooses to visit the blog sites. They allow the writer to insert hyperlinks to other materialP pages a es on the Town's website). The writers are also free to express their (like own opinions and to solicit feedback from interested readers. They are low-cost to set up and maintain. The individual Council members are also free to set up their own blogs from their personal computers without using Town resources. Cons: Blogs are only as useful as the writer makes them by keeping the blogs updated with information. Council members might wish to use caution in developing Ng. blogs since the opinions expressed would be theirs alone and might not reflect the opinions or votes of the Council as a whole. This is particularly true during election campaigns when blogs created using the Town's resources could not be used to promote candidates. In addition, once a blog is created, it must be marketed. This means that the Town or the Council member would need to expend resources to let citizens know about the blog's existence. Finally, in a simple Internet search, we have been unable to identify any other community in the U.S. where individual city or town council members have their own blogs. Estimated material cost: $0 Estimated man-hours to set up and maintain each blog: $525 for set-up; maintenance costs unknown 3. Newsletter and Community Calendar The 2004-05 budget request from the Town Manager's office included the development, publication and mailing of a quarterly consolidated events calendar (including programs from the library, parks and recreation, GOVAC and other departments). This consolidated calendar would replace the individual activity and program guides publishedLibrary bythe and Parks and Recreation divisions, and would supplement the publications of other Town departments and GOVAC. The calendar would have also allowed for two or moreP ages to use as a newsletter to share other information with citizens (such as Council actions and accomplishments). Pros: The consolidated calendar would eliminate the individual program guides that are being prep ared and printed by other departments. Furthermore, the calendar would be distributed to every household in Oro Valley (whereas the current publications go only to those citizens who have requested them). The consolidated calendar would appear on the Town's website, but many citizens might find it more convenient to use a printed copy, as would some citizens who do not use the Internet. Consolidated calendars and newsletters are standard throughout many communities. Cons: The publication of the consolidated newsletter and calendar would be costly in aggregate terms, but it would reach more citizens than the current publications do. More staff time would be required to compose the content, design the publication, prepare maps and photos, and prepare the publication for printing and mailing. Postage costs, even at the bulk rate, would be significant. Much of the same information could be found on the Town's website. And, finally, a quarterly publication might contain information that is at least 3 months old, or the deadline would preclude the inclusion of last-minute information. Estimated material cost: $16,000 per quarterly issue. Estimated man-hour cost per quarter: $3,000-4,000 4. Access Tucson At the request of the Council, Comcast Cable has added public access channels 73 and 74 to its lineup of channels that are received by Oro Valley subscribers. As a result, the Town Council has been invited to participate in the "Government Connection" program. This 30-minute broadcast may feature both interview and call-in formats; the segment is aired live at 6:30 p.m. on Wednesday nights on Channel 74, and then repeated 41110 throughout the week. Pros: "Government Connection" is a unique, on-going opportunity for the Council to participate in a popular medium. Interviews and call-ins will allow the Council to respond directly to issues that are on the minds of citizens. Cons: These broadcasts will only reach those citizens who have Comcast Cable service, although the programs are also available via Access Tucson's website. In addition, the number of dates and times available to Oro Valley is limited. The program is shown live on Wednesday nights, which conflicts with Town Council meetings at least twice per month. The Town would need to publicize the program continually to encourage citizens to tune in. Estimated material cost: $0 (unless graphics are needed) Estimated man-hour cost per broadcast: $125 5. Listing of Council votes by agenda item The Town Clerk's office posts the votes along with each agenda item on the Clerk's website within a few days after each regular or special Town Council meeting. This post does not indicate which member voted in favor or opposed to each specific item, only the number of votes. The minutes with the recorded votes are not posted until they are approved by the Council at a subsequent meeting. This means that there may be a 2-6 week lag time before they are posted on the Clerk's website. Therefore, if a citizen wishes to know how aP articular Council member voted on a specific issue, he or she would have to contact the Clerk's office to obtain that information in advance of the approved minutes being posted. %Mov Pros: Within a few days after each meeting, visitors to the Clerk's website would be able to view immediate information about the vote tally for each agenda item. Cons: While the inclusion of the Council members' names does give the citizens more information, the Council members' reasons for voting the way that they did would not be apparent until the approved minutes are posted weeks later. As the Council is aware, many of the issues that come before the Council are complex, meaning that mere posting of the votes and Council members' names would not reflect the complexity of the issues, amendments to the motions or the discussion that took P Y place before the votes. Estimated material cost: $0 Estimated man-hour cost per year: $500 6. Listserve ("0-Mail") The Town is nearly ready to launch its first Listserve subscription program. By subscribing to the list, the citizens will automatically receive information about whatever subjects are of interest to them. The Listserve will not cause the Town to create any more documents than already exist. Types of information that might be sent out include: P ress releases, maps of upcoming public works projects or activities, recreation, P arks and library programs, meeting agendas and minutes, employment opportunities, neighborhood watch and crime prevention information. The Listserve would also alert citizens to new items on the Town's website by providing a link to the new information. Subscribers will be able to add or subtract to their subscription topics whenever they please, and theymay also cancel whenever they please. The subscribers will be required to provide their e-mail addresses, and there will be assurances that the e-mail q addresses will not be shared or sold to any third party. Internally, the Town will designate a person who will make the final decision whether a specific "0-Mail" will be sent to the subscribers. This will ensure that accurate and timely information is being distributed. Once the Listserve program is underway, the Town must commit to maintaining and supporting it on an ongoing basis. Pros: Listserves are becoming popular and efficient ways to disseminate information. Subscribers can choose what types of information they want, and they have the freedom to change or cancel their subscriptions at any time. By including links in the 0-mail messages, the Town can direct subscribers to existing information (rather than including it the body of the message). Cons: Each department or division will need to designate specific staff members who will have ongoing responsibility for alerting the Public Information Officer to potential 0-mail items. Those items selected for 0-mail must have value to the subscribers or theywill choose not to continue to receive them. The availability of the 0-mail service needs to be publicized continuously via a variety of media. Once the Town commits to a Listserve program, it might be difficult to terminate the program if enough citizens rely on it for information. Estimated material cost: $0 Estimated man-hour cost in first year: $2,000. [Subsequent year costs will be less once thep rogram is established and the responsible staff members have been trained]. 7. Streaming video of Town Council meetings The Council has expressed a strong interest in video broadcasts of its meetings. In addition, the University of Arizona study that was done for the Town in 2003 indicated that over 2/3 of the respondents said that they would watch broadcasts of the Town Council meetings if they were available. (Sample size=750; respondents =147 [19.6%]). There is sufficient technology available to provide streaming video of the Council meetings via the Internet (to be accompanied by the streaming audio already in place). A small stationary camera would be installed at the back or side of the Council chambers. The picture from the camera would include the Council, the staff, the speaker's podium and the projection screen. Pros: The broadcasts would give viewers "real-time" views of the Town Council meetings and would meet a need expressed by citizens in the 2003 survey. Cons: The quality of the picture would be low since the stationary shot must be taken from far away to include everyone. In addition, the broadcast of the video itself will appear as a small box on the typical computer screen. Since the camera is stationary, the content of the video broadcast may not make it significantly more valuable than the current audio broadcast. Streaming audio would only be available to citizens with computers and Internet service. The streaming video would work best for Internet users who have broad-band or DSL connections to the Internet. It would not work well for users with dial-up connections. And, the video would not be available for viewing on television. Estimated material cost: $1,000 — 2,000 (equipment and software) Estimated man-hour cost to set up: $500 8. Videotape of Council meetings by Access Tucson Access Tucson has offered to videotape the Town Council meetings for later broadcast on Channel 72, 73 or 74. Access Tucson would, most likely, provide a 3-camera set-up and the staff to operate the cameras. Pros: The Council meetings would be shown via a popular medium, and viewers would have the opportunity to see displays as well as the Council members, audience, staff and speakers. A video presentation of the Council meetings would fulfill a need expressed by citizens in the 2003 survey. Soo' Cons: Video of Town Council meetings will not be shown in "real time." The videos must be professionally directed and produced, requiring both staff and expensive equipment. The Town would have minimal control over the number of times and the time of day that the video would be shown on the local access channels. Estimated total cost per meeting (3 cameras, equipment truck, personnel): $1,400 9. Live Council Broadcast Requirement in Cable Franchise The Town and Comcast Cable Communications are now within the 3-year window proscribed for renegotiation of the franchise agreement. When the original agreement was approved in 1997, there were no provisions included for local access programming or broadcasts of Town Council meetings or other community events. The Town will most likely seek these elements when the new franchise is negotiated. 10. Enhanced outreach by Council members to community groups The Council can commit to continuing to make its members available to groups in the community (such as homeowner's associations, civic organizations, PTO's, faith-based groups) to discuss general or specific issues. The Town is already represented by Council members at the Sun City Vistoso Government Affairs Committee meetings. This model could be duplicated throughout the Town. It would be appropriate to arrange these visits through the association management companies (e.g., Lewis Management, Cadden Management) and to rotate the opportunities among all of the Council members. Staff may also be available to accompany the members. The Town has also required that the Farmers Market make tables available for civic purposes. Town Council members could rotate Saturdays and could make themselves available to the public at an "Ask the Council member" table at the Farmers Market. Estimated material cost: $0 Estimated man-hour cost: $0 11. Purchase of advertising space in a community newspaper The Town Council may wish to consider purchasing space in a local newspaper. The space would be used to publish a "report to the citizens" regarding recent Council actions or Town activities. Pros: The purchase of advertising space would (a) guarantee that the information would appear, and (b) would give the Town control over the content of the information. As an alternative, the Town could publish an insert that would be zoned to be delivered primarily to Oro Valley residents. Cons: Not every citizen receives every newspaper, and those that do may not a the advertising. Furthermore, both the Explorer and the NW section of the Arizona read g Daily Star are delivered to many customers outside of the Town. Therefore, if the Town purchasesdisplay dis la advertising space, the Town would be paying a rate based on readership that includes non-Oro Valley residents. If the Town does purchase advertising space or publish an insert, the Council would have to determine if the space would be used strictly to publicize Town information (suchg as Council agendas or votes on various agenda items) or whether it would contain "editorial" content, such as commentary from the Mayor or Council members. Cost: Display ad: Depending upon size and frequency of ad. For example, the P Y Northwest Explorer's rate for a weekly 1/3 page ad = $410 per week or $485 for every other week. The rate for a 1/2 page ad = $540 per week or $620 for every other week. Those rates are scheduled to increase by 7-10% on January 1, 2005, to reflect the wider circulation of the Explorer . The 2004 rates would be honored if the Town were to enter into a contract with the Explorer prior to December 31, 2004. Insert in Northwest Explorer: $1,036 per insert, 8 1/2 x 11, one-side, black ink on coloredp a er inserted in editions delivered to 85737 and 85704 only. (Extra charge for P mailed copies of the Explorer). Estimated man-hour cost: $200 per advertisement; $500 per insert 12. Submission of quest editorial or column in a community newspaper Both the Arizona Daily Star Northwest Edition and the Northwest Explorer have proven to be very agreeable reeable to printing guest editorials. These columns allow the writer to expand on issues at greater length than the traditional "letter to the editor" format. Pros: Ag uest editorial may be perceived as carrying more weight and credibility than a letter to the editor. The editorial would allow the guest writer to concentrate on a particular topic. Cons: The inclusion of a guest editorial is at the discretion of the newspaper, so the Town would have not control over the date that the editorial would appear. Obviously, the editorial will only reach those who subscribe or receive the newspaper. y fan The editorial may not be viewed by the reader as presenting a balanced view o issue. And, finally, if the editorial is written by one or two Council members, it may not express the unanimous opinions of the Council members. Estimated Material Cost: $0 Estimated man-hour cost: $150-200 per guest editorial 1 i ftg'' RECOMMENDATION That the Council continue to pursue no-cost, low-cost methods of sharing information with Oro Valley citizens through the use of above options #4 ("Government Connection" program on Channel 74) ,# 5 (posting of Council votes by Council member name), #6 ("O-Mail" Listserve), #10 (Council outreach to citizen groups) and #12 (guest editorials and columns). If the Council wishes to pursue any of the other methods, direction should be given so that funding and other arrangements may be included as part of the 2005-06 budget process and department work plans. SUGGESTED MOTION I move to direct the Town Manager to pursue options #4, #5, #6, #10 and #12 to help increase Town Council communications with citizens. I further direct the Town Manager to bring the other options forward for consideration as part of the 2005-06 budget. Or Id I move Bob Kovitz, Public Information Officer Kevin Verville, Information Technology Administrator Chuck Sweet, Town Manager Attach: Sample Listserve webpage 4 I February 14, 2005 TO: Council member Dankwerth FROM: Bob Kovitz, Public Information Officer RE: Update on Communications Efforts On December 15, 2004, the Town Council adopted the recommendations that had presented regarding no-cost/low-cost methods of communicating with Oro Valley citizens. I want to update you and the other Council members regarding the steps that we have taken to implement those recommendations. Here are the recommendations and motion that were approved on December 15: RECOMMENDATION That the Council continue to pursue no-cost, low-cost methods of sharing information with Oro Valley citizens through the use of above options #4 ("Government Connection"program on Channel 74) ,# 5 (posting of Council votes by Council member name), #6 ("O-Mail"Listserve), #10 (Council outreach to citizen groups) and#12 (guest editorials and columns). If the Council wishes to pursue any of the other methods, direction should be given so that funding and other arrangements may be included as part of the 2005-06 budget process and department work plans. SUGGESTED MOTION I move to direct the Town Manager to pursue options #4, #5, #6, #10 and#12 to help increase Town Council communications with citizens. I further direct the Town Manager to bring the other options forward for consideration as part of the 2005-06 budget. a. The "Government Connection" programming is moving forward. We are seeking one other Council member to join the Mayor for the March 30 broadcast. The next broadcast will be April 27, and we will be soliciting Council member volunteers for that show also. b. The votes of the Council members are now shown on the Clerk's website and are usually posted within 24-48 hours after the meetings. c. An "0-Mail" committee of department representatives was formed and we held our first meeting. At that meeting, we discussed the types of information that could be shared via the 0-Mail Listserve. An internal test of the sign-up page is complete, and we should be going "live" with the service soon. The IT Division now has a Webmaster who should be extremely helpful with the launch of that project. d. Council outreach to citizen groups is in a more reactive stage that is, we are waiting for groups to contact us. We can certainly be more aggressive about finding opportunities for Council members to visit with community . or anizationsPerhaps the Council members would consider a table at g p the Farmer's Market where they could rotate Saturdays and be available to the citizens for a couple of hours. e. I have composed a number of letters and guest columns on behalf of the Mayor, and they have appeared in the Star, the Explorer and the Citizen. IfY ou would like to write a guest letter or editorial, please let me know and I'll be glad to assist you. One of the most important things that a Council member can do regarding options "d" and "e" (above) is to make himself or herself available to promote the General Plan once it has been approved by the Council and the election date has been set. I would strongly urge the Council members to be as active as possible throughout the summer and into September and early October in order to demonstrate support for the Plan. Our scope of work with Zimmerman and Associates will certainly include opportunities for the Council to promote passage of the Plan. Finally, the 2005-06 budget request from this office will include funding for a regular Town newsletter that can be inserted into the water bills. We will also continue to explore ways to videotape or digitally record the Town Council meetings so that they can be viewed via the Internet. IfY ou have any additional questions or suggestions, please let me know. Cc Mayor and Council members Chuck Sweet Kevin Verville a Discuss the once a month TV show 74-use Me ber (Submitted by ouncil m Carter) � u --'fit^' '.: ��...-- .. ".. -.- -- 33-��. ,_^;r �..:.. ,_-.-�:.i_,::-_•-^�..,-�. h h' ..±,. -"'r>�#�" t- r-.ter .<�'y, .z..-. '.•..-d .., �:.. ,•,.,;,.-..�.-��,«,'..`` G Ss. ,.::_. ,..:�_y .,,.r.: y �..c;. s:�-e,< -f n:t r,+-a�... : .`'�� .8=.�.r`"` ��2e - - :.. -er-- 2' S.� mss-' .. :'•�X.'� .�.<r _ _.. -3 - _ � ���. � �,_- �x 2 .. ACCESS TUCSON March Mayor Paul Loomis and Council Member Dankwerth (Town Wide Topics) April Vice-Mayor Gillaspie and Council Member Carter (Town Wide Topics) May Council Member Culver and Council Member Parish (Town Wide Topics) June Mary Hartz-Musgrave and Ainsley Reeder (Parks and Recreation and Library Programs) July Council Member Culver, Dr. Len Ditmanson and Paul Kappelman (Medical Reform) August (Was give to South Tucson) September Brent Sinclair and Council Member Culver (General Plan) , , . ANNE _ :, TIONS ,. : , , . _. • a Scott Nelson' s instructions on annexation procedure-detail instruction manual (Submitted. by Council Member Carter) TOWN OF ORO VALLEY STANDARD OPERATING PROCEDURE SOP No. 24 Date Issued: March 18, 1991 SUBJ: ANNEXATION CHECKLIST Effective Date: May 10, 2000 Cancellation Date: N/A Supersedes No.: May 17, 1995 COPIES TO: All Department Heads and Town Council PURPOSE: To ensure an orderly annexation process by designating the responsible party for each step in the process. PROCEDURE. P • The attached steps in the annexation process shall be followed for allro osed annexations and the responsible party designated for P P each step shall initial indicating that the step has been completed. Even though the Town Clerk is not responsible for all steps in the process, the Town Clerk shall be responsible for overseeing the Checklist for each proposed annexation in order to ensure that all s have been completed and initialed by the appropriate party,and all annexation requests will originate in the Manager's Office. huck S -e, Town Manager TOWN OF ORO VALLEY ANNEXATION CHECKLIST Name of Proposed Annexation (Responsible Party Must Initial in Appropriate Box) Yes No _ Responsible Party • 1.Annexation Request (a) Requested by Property Owner(s) Town Manager (b) Initiated by Town Town Manager 2. Annexation Project Manager (Dept. Head) 3. The territory to be annexed is contiguous to the existing corporate limits of the Town. (See A.R.S. 9- 471(H) attached.) Town Engineer 4. The proposed annexation meets the (a) Policy Guidelines, including Town Manager (b) fiscal analysis adopted by the klior Town Council on May 17, 1995 (Resolution No. (R)95-22) Finance Director 5. Initial Council Meeting Town Manager 6. Preparation of a map of the area proposed for annexation showing on its face the area to be annexed in relation to the existing Town limits and identified by distinctive markings and appropriate legend. (a) Property owner Town Engineer (b) Town Town Engineer 7. Preparation of a legal description of the area proposed for annexation by a registered land surveyor and reviewed and accepted by Town Engineer. The legal description has been checked against the map and both accurately describe the exterior boundaries of the property proposed for annexation. %NO (a) Property Owner Town Engineer (b) Town Town Engineer Yes No j Responsible Party(k_ 8. Verify that territory proposed would not result in unincorporated territory being completely surrounded by annexing Town. Town Engineer 9. P81 Commission holds a Public Community Meeting Dev. Director 10.Preparation of blank petition. Town Clerk 11.Notification by Manager to Clerk to proceed with obtaining the assessed valuation for the proposed property to be annexed, both private property and utility property, showing each owner, the address of each owner and the appraisal and assessment of all property, thirty (30) days prior to filing of map, from the Pima County Assessor and Arizona Department of Town Clerk Revenue. 12.Obtain a list of property owners within the proposed area to be annexed from the Pima County Assessor and Town Clerk Arizona Department of Revenue 13.If applicable (if annexation involves state lands), request for approval of State Lands Selection Board and Community State Land Commissioner, thirty (30) Development days prior to filing of map. Director 14.Obtain demographic information regarding inhabitants of the area proposed for annexation from the Pima County Division of Elections. Town Clerk ANNEXATION CHECKLIST Yes l No i Responsible Party j 15.File blank petition with Pima County Recorder including photographic mylar (18"x24") map and legal description of territory to be annexed. (If state land is to be annexed, approval of the State Land Commissioner and State Lands Selection Board must be filed at this time). Town Clerk (a) Approval from State Land Received Town Clerk 16.Thirty (30) day waiting period after filing with Pima County Recorder during which a public hearing must be held. Notice requirements for the hearing are as follows: Public Hearing Date Town Clerk (a) Publish once in newspaper of general circulation at least 15 days before the end of the 30 day period and at least 6 days before the hearing Town Clerk (b) Post in 3 "conspicuous" public places in the territory to be annexed at least 6 days before the hearing. Town Clerk (c) Send notice with an accurate map of the territory being annexed by first class mail to every real and personal property owner as identified on the lists obtained from the Pima County Assessor and Arizona Department of Revenue in the territory to be annexed. This Community notice must be sent at least 6 days Development before the hearing. Director (d) Send notice by first class mail with an accurate map to the Chairman of the Pima County Board of Supervisors at least 6 days before the hearing. Town Clerk Yes No I Responsible Party (e) Prepare agenda with notice of towpublic hearing to consider the Town Clerk annexation. 17.After thirty (30) day waiting period *Property after filing of blank petition obtain owners wishing signatures of property owners with at annexation or least one-half of the value of the real others at and personal property AND the Council's signatures of more than one-half of discretion the property owners in the proposed area for annexation as shown by the last assessment (most current) Town Clerk records. • End of Thirty Days Town Clerk 18.Check to ensure that the signatures of property owners with at least one half of the value of the real and personal property AND the signatures of more than one-half of the property owners in Town Clerk/ the proposed area for annexation Finance Director have been obtained. 41or 19.Prepare proposed annexation Town Attorney ordinance. 20.Ensure that no additions or alterations increasing or reducing territory have occurred after petition has been Town Clerk signed by any property owner. 21.Within one year after the last day of the 30 day waiting period referenced in Step 16, file completed (signed) Town Clerk petitions with Pima County Recorder. 22.property notice ordinance for adoption (public hearing on ordinance). Adopt proposed annexation ordinance. No changes, including reductions in territory, can be made to the map after the first property owners signs. The ordinance does not become final until 30 days after adoption. Town Clerk• Adopt Ordinance • Ordinance Effective Date Town Clerk POST-ANNEXATION CHECKLIST Yes No Responsible Party 23.After adoption of the ordinance, the following documents are to be forwarded to the Town Attorney's Office. (a) A certified copy of the ordinance with applicable recording information. Town Clerk (b) The annexation map and all documents relating to the map. Town Clerk (c) Attorney General Certification (prepared by the Legal Department) and sent to the Arizona Attorney General's Office, certifying the annexation was completed in accordance with state law. Town Attorney (d) Affidavit of Publication of the ordinance. Town Clerk (e) Notice of Annexation Ordinance Public Hearing. Town Clerk (f) Any information pertaining to the involvement of state lands in the annexation. If state lands are involved, permission of the State Lands Department needs to be attached and sent, both to the Arizona Attorney General's Office and to the United States Attorney General's Office. Town Attorney (g) Any information regarding demographics of the annexed area including current admissions for elections by Pima County which contains demographic information. Town Clerk Yes i No Responsible Party 24.Prepare Attorney General Certification for proposed annexation. Town Attorney 25.Send letter to the United States Department of Justice and to the Arizona Attorney General regarding voting rights issues. Town Attorney 26.Send Annexation Ordinance to: Town Clerk (a) Department Heads (b) Board of Supervisors Town Clerk (c) Property Owners Town Clerk 27.Send the annexation map, ordinance, and accompanying data to the U.S. Bureau of the Census &Appendix E Town Clerk Annexation Map Distribution. 28.Notify Pima County Treasurer reference Finance Director ADOR, ADOT Community Development 29.Request from Bureau of the Census Director/ "Certified Population Count" Finance Director 30.Place all data with respect to the Town Clerk annexation in the Town's public files. 31.Prepare recommendations for zoning Community and process (i.e., forward to Planning Commission and Council on Development annexed territory). Director RESOLUTION NO. (R) . 2 A RESOLUTION OF THE TOWN OF ORO VALLEY, ARIZONA, AMENDING KNOWN AS THE "TOWN OF THAT DOCUMENT ORO VALLEY POLICY FOR THE ANNEXATION OF UNINCORPORATED LAND" AND MAKING SUCH DOCUMENT A PUBLIC RECORD; AND RESCINDING RESOLUTION NO. (R)93- 18 n past,ast annexed unincorporated areas into the town limits, WHEREAS, the Town of Oro Valley has, i and to update and revise the policy of established guidelines for WHEREAS, the Mayor and Council desire p d future annexations to ensure that any such annexations will be logical, practical, financially feasible an in the best interest of the town's present and future residents. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY: That certain document known as "Town of Oro ValleyPolicy for the Annexation of Unincorporated Land" dated May 199,Swhich is attached herewith and labeled as "Exhibit A", three copies of which are 5� y a is hereb adopted, declared to be a public record, and said copies on file in the office of the Town Clerk, P are ordered to remain on file with the Town Clerk. lior That this resolution shall supersede Resolution No. 93-18, which adopted a previous annexation policy, Resolution No. 93-18 is hereby rescinded. and /7 PASSED AND ADOPTED by Arizona this / day Mayor and Council of the Town of Oro Valley, of May 1995. 116AI Cheryl SkaMayor ATTEST: Cr- 6-l-e-z<Aa---' Ka n-i. Cuvelier, Town Clerk APPROVED AS TO FORM: _411 r JA . .AL1 Tobin Sidles, Town Attorney EXHIBIT A (hr, Town of Oro Valley Policy for the Annexation of Unincorporated Land May 5, 1993 The annexation of unincorporated areas of Pima County of the Town of Oro Valley shall consider the following guidelines: 1) Pursue the filling out and squaring off of the town limits. Strive toward a configuration for the town limits which eliminates county islands and peninsulas and yields an identifiable, manageable boundary for the town. 2) Areas to be considered shall be prioritized as to quantifiable benefit to the Town. 3) Require the submittal of a fiscal impact analysis for both undeveloped (rural) and developed properties, the level of detail and contents of which may vary with the intensity or complexity of the proposed or existing use of the land. Such analysis is required, regardless of who initiates the annexation process. 4) Future annexations of the Town shall be generally consistent with the policies and the planning kiry area of Town's adopted General Plan. 5) Consider a proactive stance on annexations initiated in areas deemed most fiscally beneficial to the Town as indicated by town-prepared studies and/or professional regional studies. 6) Lands annexed by the Town shall have existing, ordinanced zoning translated to Oro Valley districts in conformance with state law and to densities and uses no greater than those permitted by the zoning ordinance of the governing jurisdiction immediately before annexation. 7) The Oro Valley Planning and Zoning Commission shall review any proposed annexation for conformity to the adopted General Plan. The Commission shall forward a recommendation to the Town Council within 90 days of the initial hearing on the proposed annexation. 8) Pre-annexation/development agreements shall be considered by the planning and zoning commission and town council where appropriate during the annexation process with a five year limitation then subject to review at the end of the five year period. t1 } 1700Z ____9661., 0661. L861^ £961 8L61 ,N , s;eaJ;S laa� ,saaz•,,oa�r�oa, I:... I r--� : ru,S SI'j Aelpn n,p £OOZ�rr,1 5666-6866 E.--9861-0861,, 171.66 #f R io[ew s1eej1S 00Z`9 001:£099'1- 0 9ooz zooz •,..,• .'17666 ----1 '~ 1 17861 6166- Jean(/cq uol;exauud Baly6UIUUe+d 7.rb.4 ► it ;aaeArT ).. ! Ii �..� 1) n� '--aevlanol— i1. � i J I ) .- �.. Y y�y; ,, O D t. ..aa aan a 5 l yj ../2,/,17) • 0661,, ? _ it 17866 rJ J ' t \. } 1.I •8A61,' r /_ .',/,'/' z s „ i -•� ;T._ , , 1 _ I 1. 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I G2 1 ,. 4_, si ,5 i . ii---..1 8 . il;0IpO3 C i - o i i } 1 r 1_ rI{.t I t �(aolc+N uogp)ceutaV 1. -1 it I k, 4,.......0,H 0 i ` _rillI l I s 1 I 0 0 • . . . _ . . ..,__ __ ,. ......,....,_.....„,_. .. _.,..,......,........,..,_.._ __. :. ,... ...,..... .: ,,.,_,,_.,, .,, _,..,,__ .. .,.,,_..,, ,,,....., .,,.........,_.,,...,:,......,......,,.... .,. .. ,_ , _ , , , . „.._ „......„, .T... ...----:-..,- -, -.' . , , .. ..., .., , ..:._ ...,_ .. _ , _._, . _ Pre-annexation -• _.,...._. • (Submitted by Mayor Loomis) . __,,.„,.,,,_._.,,.-. ...._., .. ,„,,,,, _.„...,„,...,. . . . .,. ..-:-..-----.:-•---, • i--::::, -.-_. - .:, ,.,,.._ .. . ._......_.....:.-:•-•,;.,:::-5";N. �„u . t.w ' . fir . , - . \ . , . k. ...„ . .,,,, ,. :. .. . _. • ......,....... ..._:... .,...._...........,. ..„.„...„, Vis, ,„:„„-_--.,...,:.... - . ,..,.„...-..-i.,:-..-,ii,.**-0--„,,....e.,,._,-.,._.-,,--- .•.• ' _ ,... . . ...... . .,.... ....r. -- 3 . . _...„_ . . .. . „. ..... _ . _ ._ _ _ ._____ . . „ . , ... ,. . _.... Oar ... :. ... . • ••,•..,-.:-.---.. ..,,,,,,..,.-.....„-_..-_-::._.....,._ _• -•, ,,,„_,;_,..".„,..,,,........,,,,...„-i.,.:„..,;;;:..:„_„...„,_-_.--,.,,, ; _ . .,...„ . w • _ . -til / ... .:,:tio,t00011010. ........,:::::•::,,.,'''-'i: __:.',,.., } • RESOLUTION NO. (R) 01 - 90 A RESOLUTION OF THE MA YOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA,ZONA ADOPTING ECONOMIC DEVELOPMENT INCENTIVE POLICY GUIDELINES. WHEREAS,the Town of Oro Valley's's General Plan has identified pursuing diversification of the local economy as highly desirable and is well supported by the community, and; WHEREAS,the existing Community Economic Development Strategy states that one major action step desired is the development adoption ment and ado tion of a Business Incentive Policy, and; • Development Strategyfurther states that the WHEREAS,the existing Community Economic p Town may from time to time wish to use some form of incentives to attract or retain targeted businesses, and; recognizes WHEREAS,the Town of Oro Valley the importance of developing a policy and considerations for the retention and guidelines that include similar expansion of existing targeted businesses aPp s those that apply to the attraction of new targeted businesses; NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA: Town of Oro Valley adoption of Exhibit A, Economic Development Incentive Policy Guidelines, attached herewith, providesexamples les of items that a business owner/developer may P request consideration for. PASSED, ADOPTED AND T APPROVEDby Mayor the Ma or and Town Council of the Town of Oro Valley, Arizona, this 3rd day of O c t ob er 200 l . TOWN OF ORO VALLEY, ARIZONA Paul H. Loomis, Mayor ATTEST: Kat !n Cuvelier, Town Clerk 'PROVED : FO ' A Adi Av /Air _ Dan L. Dudley, Town Attorney • EXHIBIT A TOWN OF ORO VALLEY ECONOMIC DEVELOPMENT INCENTIVE POLICY GUIDELINES • Council a set ofguidelines that assist in the retention of targeted GOAL: To provide the Town gu dira tar eted businesses to the Town of Oro Valley businesses and the attraction of new orex pang g of the existing in the diversification tax base and the creation of employment opportunities. POLICIES: In certain cases the Town mayconsider using some form of incentives in order to attract or retain targeted businesses. These incentives will only be used when the Town satisfies itself that the addition of the new business or retention and/or expansion of an existing business positive effect on the Oro Valley economy. The need for would have a significant, tax local economywhich minimizes dependence of residential sales diversification of the it . This policyplaces a priority emphasis on new and existing businesses revenues is a necess y revenues. Asaguideline the following listing can be viewed as that generate significant sales tax Resorts 2. Retail, 3. Other Lodging, 4. High Tech Job Creation, and a prioritized preference: 1. , 5. Service Providers. The following generalprovisions rovisions shall be considered prior to offering incentives. offered if theyare actually necessary in order to affect the 1. Incentives will only be retention and/or expansion of an existingbusiness or to attract a new business to the Town. This would include: - A situation in which the Town of Oro Valley has determined that the retention of an existing business is desirable. with other cities for the the Town of Oro Valley is competing - A situation in which expansion of an existing incentives to the Town or where are actually necessary to affect the expansion of an existing business. - A situation wherein incentives are needed to induce a business to relocate or expand their operation to the Town of Oro Valley from an existing site in another city. - A situation wherein incentives are needed to induce a business to locate their operation to the Town of Oro Valley. 2. A high priority shouldplaced be on the businesses "targeted" in the Community Economic Development Strategic (CEDS) Plan (1997, or the most recent update). substantialpositive economic impact on the community, i.e.; the 3. The project will have a the sales tax created by the project in the long-term will offset number of jobs created or . byincentives. Additionally, the project will be of such size the short-term costs offered or consequence to producesignificant si ,nificant employment or sales in related sectors. 4. incentives should not continue for more than a 10 year period. • . r placed emphasis should be on firms that provide diversification (within targeted industrial or commercial sectors)to the Town's economy. land or existingbuildings or construct buildings for purely private 6. The Town will not buy position should be to offer incentives that have a relationship to objectives. The Town's public benefit. Improvements such as streets, water lines, traffic signals, storm drainage, parking structures, parksopen and o en space, and similar publicly assessed improvements are f public-private financed incentives. Acquisition of property and construction examples o pp of buildings,s, if necessary, must be related to a public purpose. offered shall not exceed the cost of the project 7. The dollar amount of the incentives o • considered nor shall the incentive value be more than 50%that the project could reasonably expect ect to return in benefits within a ten year period. should be utilized whenever possible to up-front identified project costs 8. Private dollars and then to be reimbursedby the Town to avoid straining the Town's operational or bonding capacity ca acit and reduce the Town's front-end risks. 9. Incentives can be utilized for resort, retail, commercial and industrial projects Town- wide. own-wl e. 10. In certain instances incentives maybe offered in conjunction with annexation activities viewed as important strategically. In the case of large-scale development which are p areas, incentives should be combined with a community facilities district, where feasible, to offer maximum flexibility in attracting development. or41J) unmeasurable benefits of a business to a community, such as the 11. The intangible it headquarters facility, enhancement of attractiveness to other similar location of a q businesses or suppliers, important or other similar image-related items are also very and should be considered alongwith other factors when making decisions on incentives. 12. Generally Retailprojects'ects which qualify should generate significant sales tax revenues similar to projects normally identified at a community or regional shopping center level. 13. Specific performance criteria for each project will be established. 14. New Retail development should have an emphasis on meeting a need not currently being filled in the community, or providing a higher level of service /goods /products than providing similar services in an area not currently being served. presently available or p g n approval of the use of an incentive and/or inducement rests with 15. Final authority foray the Town Council. 16. Each action is separate and independent from all other actions associated with the approval of the use of an incentive and/or inducement. Arizrria RevisPa Statute §9-500,05 Development agreements; public safety; definitions A. A municipality, by resolution or ordinance, may enter into development agreements relating to property in the municipality and to property located outside the incorporated area of the municipality. If the development agreement relates to property located outside the incorporated area of the municipality, the development agreement does not become operative unless annexation proceedings to annex the property to the municipality are completed within the period of time specified by the development agreement or any extension of such time. B. A development agreement shall be consistent with the municipality's general plan or specific plan, if any, as defined in section 9-461, applicable to the property on the date the development agreement is executed. C. A development agreement may be amended, or cancelled in whole or in part, by mutual consent of the parties to the development agreement or by their successors in interest or assigns. D. No later than ten days after a municipality enters into a development agreement, the municipality shall record a copy of the arrf agreement with the county recorder of the county in which the property subject to the development agreement is located, and the recordation constitutes notice of the development agreement to all persons. The burdens of the development agreement are binding on, and the benefits of the development agreement inure to, the parties to the agreement and to all their successors in interest and assigns. E. Section 32-2181 does not apply to development agreements under this section. F. Notwithstanding any other law, a municipality may provide by resolution or ordinance for public safety purposes, and with the written consent of an owner of property that has been granted a development agreement pursuant to this section, an owner of a protected development right pursuant to chapter 11 of this title or the owner of any other residential or commercial development subject to the supervision of a municipality pursuant to this title, for the application and enforcement of speed limits, vehicle weight restrictions or other safety measures on a private road that is located in any development in the municipality and that is open to and used by the public. A municipality may require payment from the property owner of the actual cost of signs for speed limits or other restrictions 46v applicable on the private road, before their installation. G. Notwithstanding section 19-142, subsection B, a decision by the governing body involving a development agreement may not be enacted as an emergency measure and that decision is not effective for at least thirty days after final approval of the development agreement. H. In this section, unless the context otherwise requires: 1 . "Development agreement" means an agreement between a municipality and a community facilities district pursuant to section 48- 709, a landowner or any other person having an interest in real property that may specify or otherwise relate to any of the following: (a) The duration of the development agreement. (b) The permitted uses of property subject to the development agreement. (c) The density and intensity of uses and the maximum height and size of proposed buildings within such property. (d) Provisions for reservation or dedication of land for public purposes and provisions to protect environmentally sensitive lands. (e) Provisions for preservation and restoration of historic structures. kir", (f) The phasing or time of construction or development on property subject to the development agreement. (g) Conditions, terms, restrictions and requirements for public infrastructure and the financing of public infrastructure and subsequent reimbursements over time. (h) Conditions, terms, restrictions and requirements for annexation of property by the municipality and the phasing or timing of annexation of property by the municipality. (i) Conditions, terms, restrictions and requirements of deannexation of property from one municipality to another municipality and the phasing or timing of deannexation of property from one municipality to another municipality. (j) Conditions, terms, restrictions and requirements relating to the governing body's intent to form a special taxing district pursuant to title 48. (k) Any other matters relating to the development of the property. 2. "Governing body" means the body or board which by law is constituted as the legislative body of the municipality. 3. "Municipality" means an incorporated city or town. Arizona Reviseci Siawie §95n0.11 Expenditures for economic development requirements; definitions (L05, Ch. 200, sec. 1) A. In addition to any other powers granted to a city or town, the governing body of a city or town may appropriate and spend public monies for and in connection with economic development activities. B. To fund economic development activities under this section, a city or town subject to the requirements of section 9-500.06 shall not impose a new fee or tax on a single specific industry or type of business. C. Notwithstanding section 19-142, subsection B, a decision by the governing body involving an expenditure pursuant to this section shall not be enacted as an emergency measure and that decision is not effective for at least thirty days after final approval of the expenditure. D. Before entering into a retail development tax incentive agreement, a city or town shall make a finding by a simple majority vote of the governing body without the use of consent calendar that includes both of the following: 1 . That the proposed tax incentive is anticipated to raise more revenue than the amount of the incentive within the duration of the agreement. 2. That in the absence of a tax incentive, the retail business facility or similar retail business facility would not locate in the city or town in the same time, place or manner. E. A city or town located in or within twenty-five miles of the exterior boundary of a metropolitan statistical area having a population of more than two million persons shall make a finding pursuant to subsection D of this section, by a two-thirds vote of the governing body. F. A city or town shall not enter into a retail tax incentive agreement if the proposed tax incentive raises less revenue than the amount of the incentive. G. A city or town shall present a status report of the revenues and expenses associated with the tax incentive every two years for the duration of the agreement in a public meeting. H. The finding made pursuant to subsection D, paragraph 1 of this section shall be verified by an independent third party before the city or town enters into the retail development incentive agreement. I. The adoption of the retail development tax incentive agreement lbw/ shall be approved by a simple majority vote of the governing body without the use of consent calendar. For a city or town located in or within twenty-five miles of the exterior boundary of a metropolitan statistical area having a population of more than two million persons, the adoption of a retail development tax incentive agreement shall be approved by an affirmative vote of at least two-thirds of the governing body without the use of consent calendar. J. A person or business entity receiving the retail development tax incentive agreement shall not finance the independent third party verification of the findings or have input into the selection of the independent third party verifying the findings. K. A city or town shall adopt a notice of intent to enter into a retail development tax incentive agreement at least fourteen days before approving a retail development tax incentive agreement. L. Subsection D of this section does not apply to tax incentives given to a business entity in an area that is designated by a city or town as a redevelopment project as defined in section 36-1471 . M. For the purposes of this section: 1 . "Economic development activities" means any project, assistance, undertaking, program or study, whether within or outside the boundaries of the city or town, including acquisition, improvement, redevelopment, leasing or conveyance of improved or unimproved real or personal property or other activity, that the governing body of the city or town has found and determined will assist in the creation or retention of jobs or will otherwise improve or enhance the economic welfare of the inhabitants of the city or town. 2. "Expenditure" includes any waiver, exemption, deduction, credit, rebate, discount, deferral or other abatement or reduction of the normal municipal tax liability that otherwise applies to similar existing business entities and properties in that city or town, however denominated, computed or applied, and that is generally understood as an inducement to locate a business facility or other operation in the city or town. 3. "Metropolitan statistical area" means a geographical area consisting of cities, towns and other populated areas defined for federal statistical and census purposes by the United States office of management and budget with technical assistance from the United States bureau of the census. 4. "Retail" means the sale of tangible personal property, except the sale of tangible personal property to a person who is engaged in the kire business of selling such property. 5. "Retail development activities" means those economic development activities that involve the acquisition, improvement, leasing or conveyance of improved or unimproved real or personal property or other activity to facilitate the sale of goods at retail, including the sale of automobiles, or to facilitate other activities, including theater and restaurant development, that generate revenues that are subject to municipal transaction privilege taxation. 6. "Retail development tax incentive agreement" means an agreement between a city or town and a person engaged in or planning to engage in retail development activities within that city or town in which the city or town agrees to pay, refund, credit, rebate or otherwise provide to that person all or a portion of the sales, use or transaction privilege taxes payable to that city or town in connection with the construction, development or operation of the retail development activities. . .:....-.._: - ,..,. „.... 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