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Home My WebLink AboutPackets - Council Packets (1395) AGENDA JOINT STUDY SESSION ORO VALLEY TOWN COUNCIL AND GOVERNMENT REVIEW TASK FORCE AUGUST 6, 2001 ORO VALLEY TOWN COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE STUDY SESSION - AT OR AFTER 7:00 PM CALL TO ORDER ROLL CALL 1. Review of proposed amendments to the Town Council Parliamentary Rules & Procedures & Code of Conduct 2. Discussion of the Town Council Policy —Telephonic Voting 3. Discussion of Town of Oro Valley Annexation Policy— Resolution No. (R)95-22 ADJOURNMENT The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If any person with a disability needs any type of accommodation, please notify the Oro Valley Town Clerk, at 229-4700. POSTED: 08/02/01 3:00 p.m. lh TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: August 6, 2001 TO: HONORABLE MAYOR & COUNCIL FROM: GOVERNMENT REVIEW TASK FORCE SUBJECT: PROPOSED "PARLIAMENTARY RULES & PROCEDURES & CODE OF CONDUCT" DOCUMENT SUMMARY: The Government Review Task Force members have reviewed the existing Town Council Policies and Procedures adopted byResolution No. (R)00-19 and have spent many months preparing the proposed p "Parliamentary Rules &Procedures and Code of Conduct" document for the Town Council's consideration. GRTF Vice Chairman Jim Kriegh will make a presentation regarding the proposed document during the joint study session. Mr. Kriegh and a majority of the members of the GRTF will also be available to answer questions. Members of the Government Review Task Force include: Paul Loomis, Chairman (non-voting member) 4 Jim Kriegh,Vice Chairman Marilyn Cook Don Dvorak Richard Feinberg Larry Holden RECOMMENDATION: The GRTF recommends that the Mayor & Council consider the adoption of the "Parliamentary Rules & Procedures and Code of Conduct" document. ATTACHMENTS: 1. Resolution No. (R)00-19 —Town Council Policies & Procedures (existing). 2. Proposed "Parliamentary Rules &Procedures & Code of Conduct" document. 3. Handout of the Powerpoint presentation for August 6, 2001 Study Session. / 4/ C :i r,• ent Re - Task Force Adiaida.A A • Town Manager 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, THEREFORE, BE IT RESOLVED by the Mayor and the Council of the Town of Oro Valley, Arizona that the certain document, known as the "Town Council Policies and 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. Loomis, Mayor 0"-- C-(CL -Ci,.: Kathr i E. Cuvelier, Town Clerk APPROVED AS TO FORM: )1(1- ---- 1/ an L. Dudley, Town Attorney .adopt Council Policies 4 EXHIBIT A ORO VALLEY TOWN COUNCIL POLICIES AND PROCEDURES :adopt Council Policies TOWN COUNCIL POLICIES & PROCEDURES TOWN of ORO VALLEY, ARIZONA SECTION I. - PURPOSE 1. General Purpose: The Town Council of the Town of Oro Valley, Arizona, in attempting to fulfill its responsibility to govern the Town and to fully and faithfully perform its duties in the best possible manner. formulates these Policies & Procedures for use by the Town Council. It is intended that these Policies & Procedures shall set standards and usualP rocedures for the conducting of public meetings of the Council. These Policies & Procedures shall be in effect for all Town Council meetings until modified or suspended by majority vote of the Town Council. SECTION IL - PUBLIC MIEETLNGS 1. Public Meetings: All meetings of the Council shall be public meetings and shall be conducted in accordance with A.R.S. §38-431 et seq. (the "open meeting law") and all other federal, state and local laws. The Town Council shall hold regular meetings on the first and third Wednesday of each month although the actual dates of the meetings may be changed from time to time. Study sessions and special meetings of the Council shall be held at the call of the Mayor or the call of three or more Council members. Study sessions shall not be conducted as formally as Council Meetings, although they shall follow all state laws and shall generally follow these Policies & Procedures. '. Notice of Meetings: Notice of each meeting shall be distributed at least twenty-four hours in advance to each Council member (if possible), and posted in at least three places as provided by law. In the case of an emergency as defined by the open meeting law. notice shall be as soon as is reasonable under the circumstances. Notice in this` P aragra h is intended to mean a complete agenda of the meeting, including the P � kind of meeting, location, date and time of the meeting. Notice to Council members of all non-regular meetings shall be any means possible to assure that the best possible efforts were made to contact each Council member. 3. Minutes and Recording of Meetings: Written minutes shall be taken of each Council Meeting, and if recording equipment is available. each Council Meeting shall also be tape recorded. These provisions shall not apply to executive sessions, which are governed elsewhere in these Policies & Procedures. -:',wp51\council\noliaes.5-010596- 4:00 pm 1 SECTION III. - AGENDAS 1. Agenda Preparation: Agendas for Town Council Meetings shall be prepared by the Agenda Committee, winch shall be made up of the Mayor (or Vice-Mayor), Town Manager and Town Clerk. with review of the proposed final agenda by the Town Attorney. The Agenda Committee shall review the items on each agenda. As per .. Section 2-5-2 Introduction of the Town Code: "Ordinances, resolutions and other matters or subjects requiring action the council shall be introduced and sponsored � by by a member of the council...". 2. Placing �Items on Agendas: The Agenda Committee will meet to prepare the agenda .. no later than 10 days prior to the meeting to draft the agenda. 3. Council Packet Materials: Council packets will be delivered to all Council members on Friday five � prior rior to the Council Meeting. These deadlines may be waived (� foramparticular item by the Mayor or Town Manager only if it is determined that it .y is impossible to meet the deadline. 4. Agenda Sequence: Shall be in accordance with the Oro Valley Town Code. 5. Consent Agenda: Shall be in accordance with the Oro Valley Town Code. 6. Order r of Business: Shall be at the discretion of the Mayor, so long as there is no public to denythe the opportunity to participate. The Mayor may amend the order of the agenda at and during the course of a meeting with the approval of a majority of the Council. SECTION IV. - DUTIES AT MEETINGS 1. Pres idinQ Officer of Meetings: The Mayor shall be the presiding officer of the Council. In the event of the absence of the Mayor. the Vice-Mayor shall be the - until the return of the In the event of the absence of both the presiding officerMayor.and Vice-Mayor, a temporary presiding officer shall be appointed by the Mayory P person and thatshall serve until the return of the Mayor or Vice-Mayor. Upon Mayor, the MayorVice-Mayor,of the or Vice-Mayor, the temporary presiding officer shall relinquish the chair when the business immediately before the Council is completed. The "Mayor""Maor" as used in these Policies & Procedures shall mean the presiding officer of the meeting as set forth in this paragraph. 2. Duties Mayor Mayor: The Mayor shall call the meeting to order. The Mayor shall preserve strict order and decorum at all regular and special meetings of the Council. The Mayor maymove, second and debate from the chair, subject only to such limitations of debate as are imposed on all members. The Mayor shall not be of the and privileges of a Council member. The Mayor shall deprived of any rights r:\wp511CcunC111Doilpes.6-0105,96-4:00 pm 2 determine whether theP ublic shall be heard on any item unless the item is advertised as ap ublic hearing. Once the public is allowed to address an item, all members of the public may speak as to thatPublic par , item. ticipation shall be on an item-by-item hearings. at the sole discretion of the Mayor except for listed public hearings. In the event of unruly behavior of any member of the public, as determined by the Mayor, the Mayor shall issue a verbal warning. A second episode of unruly behavior will result in a second verbal warning that such further behavior may result in removal from the meeting. A third episode at one meeting will result in the Mayor having the Sergeant-at-Arms (For the Council this shall be the Chief of Police or in his absence the Town Attorney) remove the person from the meeting room until such time as the person agrees and publicly acknowledges to the Chair that there will be no further disturbances. If aP erson makes that public acknowledgement, they may be allowed to return to the meeting. A fourth disturbance shall result in expulsion from the remainder of that meeting. In the event there is unruly behavior by a member of the Town Council after a warning by the Mayor and a vote by two-thirds of those Council members present, the unruly Town Council member may be removed from the meeting. 3. Duties of Clerk: The Clerk shall take the Roll Call. The 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 Clerk shall also read motions into the record as set forth in these Policies & Procedures and perform other duties as set forth in these Policies & Procedures, by state law, or as directed by the Town Manager. 4. Sergeant-At-Arms: The Police Chief, or his designee(s), are appointed the Sergeant- at-Arms of the Council meetings, and shall carry out all orders and instructions given the Mayor for the purpose of maintaining order and decorum at the Council be meeting. If the Police Chief or his substitute are not available, this role will fall to the Town Attorney or another designee by the Chair. Upon instructions by the Mayor following the process listed above, it may be the duty of the Sergeant-at-Arms to remove any person who violates the order and decorum of the meeting. 5. Council Members: Shall attend all regular meetings. According to State law (A.R.S. §38-291(6)), should there be an absence for a period of 3 months, with the time starting as of the first Council study session or meeting missed, the matter will be referred to the proper legal authorities. This may include removal from office. All Due Process rights will be followed and the accused is allowed an attorney. Said attorney shall be paid for out of the accused Councilmember's own pocket. r:\wp51\counolOolicies.6-010596•4:00 Dm 3 SECTION V. - PROCEDURES FOR MEETINGS 1. Call to Order: The Mayor shall call the meeting to order. 2. Roll Call: Roll shall be called by the Clerk. 3. Agenda: The Mayor shall vote to approve the agenda as written, or shall modify the , agenda by moving items. 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 meeting, unless it can be positively determined that all persons who were present when the item was first considered are still present. The purpose of this rule is to confirm that if the public leaves a meeting thinking that their item has been considered and concluded, that item is not again considered at the same meeting. 4. Approval of MinuteskAbstentions: The Clerk shall present minutes to the Council for approval. Council members who were not present at a previous meeting may abstain from the vote approving those minutes. The Council may approve multiple minutes by one vote, and if one or more council members expressed a desire to abstain from the vote on one set of minutes, the motion shall be to approve the minutes "except as noted by Council member(s) ". This shall be the only exception to the rule that an abstention shall count as a no or negative vote. 5. Call to the Public: Persons wishing to address the Council on an item not already on the agenda may do so at the discretion of the Chair, although each speaker may be limited to three minutes. The Mayor or Council may limit the total time offered speakers, if necessary. All such remarks shall be addressed to the Council or staff as a whole, and are not to be addressed to any specific member of the Council or staff. Should any item be addressed to a specific member. it shall be ignored, and the Mayor shall remind the speaker that they must address the question to the entire body. No. person other than the speaker shall enter into the discussion without the permission of the Mayor. By state law. the Council may not address, discuss or vote upon any petition. comment or announcement made by the public, although these items may be placed on a future agenda. 6. Staff Reports: A Council member may ask a staff member about a particular issue in his/herreport.ort. but discussion and action on any item mentioned in a staff report may P - not be held unless that item is properly placed on the agenda. r:\wp51\counol\ooloes.6-010596- 4:00 pm 4 7. Order of Business: The Clerk shall announce each order of business, and the Mayor shall then ask the Council its pleasure on the item. A motion need not be made in order for an item to be discussed. Unless the Council determines that no report is necessary, staff shall have an opportunity to report on the issue and will respond to Council questions. At any time that the agenda item is before the Council, a motion may as provided made in these Policies & Procedures. 8. Town Manager's & Council Reports: The Town Manager's and Council reports may be in writing or oral. Any Council member may ask the Town Manager or Councilmember about a particular item in his/her report, but discussion and action on any item mentioned in his/her report may not be held unless that item is properly placed on the agenda. 9. Future Agenda Items: Any Council member may request that an item be placed on a future agenda by contacting a member of the Agenda Committee. This provision applies to all members of the Mayor and Council. SECTION - EXECUTIVE SESSIONS/STUDY SESSIONS 1. Placement on Agenda: Executive sessions may be placed on an agenda under the same circumstances as any other agenda item. 2. Attendees at Executive Sessions: Under normal circumstances, executive sessions shall be attended only, by the Mayor and Council, Town Manager, Town Clerk and Town j Attorney. majority A ma ority of the Council may vote at the public session prior to the executive session to have other individuals attend the executive session as necessary. 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. Whether or not a person is considered necessary is dependent upon approval of that person by the Council. 3. Minutes of Executive Sessions: 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 record. 4. Executive Session Discussions and Materials: All Executive Session discussions and materials are considered confidential and non-public information. No discussion or materials may be disseminated to anyone outside of the Mayor and Council, Town Manager, Town Attorney and Town Clerk. Any discovered or suspected violation shall be reported to the Town Attorney immediately. S. Study Sessions: Study Sessions may be run in a more informal manner. At no time shall any final decision be made at a study session. r:\wp51\counal\Dolces.6-010596-4:00 Dm 5 SECTION VII. - PUBLIC H EARLNG PROCEDURE 1. Agenda Procedure for Public Hearing: A public hearing may be placed on the agenda under the same agenda item as the discussion and action of the Council. The normalP rocedure for public hearings shall be as set forth hereafter. a. Calling Agenda Item: The agenda item shall be called by the Clerk as any other agenda item. bP Staff Report: Staff shall have an opportunity to report on the issue and answer questions by the Council. c. Proponent Presentation: The proponent may make an opening statement in order to explain the item to the Council and public. The Mayor or Council may limit the time for this statement as necessary. d. Declaration of Public Hearing: The Mayor shall declare that the Council is now in public is hearing.. If the matter is not a public hearing, it shall be at the discretion of the Mayor as to whether the public may be allowed to speak. e. Public Input: In the event a person in the audience wishes to address the P Council on an issue on the agenda which is not a public hearing, the Mayor shall determinethey whether wish to hear from the public on the issue. That person maybe permitted to speak; however, any such public address may be limited to three minutes per person for public or non-public hearings and as otherwise restricted by the Mayor. Written communications which were delivered to the Town Clerk prior to the agenda item being called shall be copied and delivered to each Council member. 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 the item into the record. Once public hearing has been closed, no further read verbal/written input shall be taken. p f. Proponent Closing Statement: The proponent shall be allowed a brief closing statement in order to rebut the statements made by the public, to offer a compromise, or to otherwise address the issue. g• Declaration of End of Public Hearing: Unless a majority of the Council members object, the Mayor shall declare the public hearing as ended. Once the public hearing is closed, no oral or written communications may be accepted from the audience. h. Council Discussion: Discussion by Council members may be held at this time. or reserved until the Council has come out of public hearing. r:\wp51\counaltoices.6-010596-4:00 pm 6 Council Discussion and Vote: The agenda item will then be discussed and 1. action taken as on any other agenda item. SECTION VIII. - DISCUSSION AND VOTLNG PROCEDURE y: It will be for a quorum to be present in order for the 1. Quorum '�eces�ar, necessary Council to consider or act uponbusiness. A quorum shall consist of a majority of any the members of the Council. In the event a quorum is not present, the meeting shall be called to order, and the onlymotion that can be made, considered and passed is a motion for adjournment. 2. Conflicts of Interest: Each Council member has a responsibility for compliance with se concerning conflicts of interest. Any member of the Council A.R.S. §38-501 et seq., , who believes he or she has a conflict of interest, shall, immediately upon determining that a c onl`lic t exists, declare that they believe they have a conflict of interest. That Council member shall then leave the room and shall refrain from taking any part in the meeting, discussion, consideration or determination of that issue. If that issue is not resolved at thatmeeting, that Council member shall not discuss the matter with any other Council member until the matter is finally resolved. The member who declared the conflict nflict mayreturn to his/her seat when that agenda item is completed. R Floor: Council member desiring to speak shall address the Mayor, 3. ��t�ln� the . . Every tion bythe Mayor, shall confine himself/herself to the question under and upon rbc o g1u debate. 4. Interruptions: A Council member, once recognized by the Mayor, shall not be when speaking, unless it is to call him/her to order. If a Council member, interrupted p . while sp..a.kin�, is called to order, he/she shall cease speaking until the question of order is determined, and, if in order, he/she shall be permitted to proceed. 5. Makingand Seconding econdinQ a Motion: There can be no discussion after a motion is made until there is a second or the motion dies for lack of a second. 6. Reading of Motion tion for Discussion: After the motion is made and seconded, the Mayor shall then call for discussion. 7. Amendments to a Motion: a. Voluntary:a At anytime before the question is called on a pending motion, the Council member who made the motion may ask that his/her motion be amended. If the Council member who seconded the vote agrees, then the motion shall be considered amended voluntarily. No more than one amendment to an amendment shall be permitted for any item. r:\wp51\councli\polces.6-010596-4:00 pm 7 Attime before the question is called on a pending motion, a b. Involuntary:. any Council member may make a motion to amend the motion. At that time the discussion of the underlying issue will stop. If there is not a second to the motion to amend, then discussion on the underlying issue will continue. If the to amend is adopted by a majority of the Council, discussion will motionP contlnue on the (now) amended motion. If the motion to amend fails, discussion will continue on the original motion on the floor. V luntary Withdrawal: At any time before the question is called on a c. Q pending motion, the Council member who made the motion may ask that , his/her motion be withdrawn. The motion will be withdrawn only in the event that the Council member who seconded the motion agrees with withdrawal of the motion. 8. Calling the Question: Discussion shall end at the time the question is called, or at the time the Mayor determines that there is no further need for discussion. 9. Taking the Vote:e: The Mayor shall ask Council members to designate his(her vote by announcing "nay". prior y "aye" or If, to the vote or after the vote, any Council member requests a roll call vote, the Clerk shall call roll, and each Council member shall state his/her vote aloud. Any abstention shall count as a "nay" vote. Announcing the Result of the Vote: After the vote, the Mayor shall announce 10. Q_ g . motion failed or passed. If the vote was unanimous, the Mayor shall so whether the state, and if it was not, the Mayor shall state the individual vote for the record, stating the number of "aye" and "nay" votes. 11. Tie Votes: In the case of a tie in votes on any motion, the motion shall be considered lost. The item itself may be continued to another meeting. 12. Ordinance Emergency Clause: Ordinances shall be prepared as provided by law. SECTION IX. - MOTIONS TO RECONSIDER 1. Placement on the Agenda: Reconsideration of any action taken (or not taken) by the Town Council may be requested only, by a Council member who was on the prevailing side of the vote. g . Discussion and Vote on the Original Issue: If the motion to reconsider failed, the .. g Council will skip the next agenda item, which will be the discussion and vote of the original issue. If the motion to reconsider was successful, the Council will discuss and vote on the original issue as for any other business before the Council, and any .. Council member may make motions on the original issue. r:1wp51\counctl\pollcies.6-010596-4:00 pm 8 SECTION X. - APPOINTMENT OF COMMISSIONS, CON=TEES, ADVISORY BOARDS All appointments shall follow this procedure. The Town Clerk shall advertise to fill vacancies of all commissions, committees and advisory boards. Upon receipt of the applications the Town Manager, the Council Liaison and the Chair of the Commission, Board or Committee needin the member shall review the applications and conduct whatever interviews are g . necessary. The Town Manager, Council Liaison and the Chair shall submit a list of not more � will make the final than three finalists to the Council for their consideration. The Council determination of appointment from this list. All committee appointments must be made by a majority vote of the Council or as established in the Town Code. SECTION XL - CODE OF CONDUCT 1. Provide competent representation for the citizens of Oro Valley. Competent representation requires the knowledge, skill, thoroughness and preparation reasonably necessary to make an informed decision regarding issues coming before the Council which directly affects the citizens they represent. 2. Meet in accordance with the Open Meeting Law as required by Arizona state law discussing only those issues noted on the agenda, only discuss and decide issues at a properly noticed public meeting. 3. Maintain confidentiality of matters discussed in Executive Session and those issued under a 'confidential' caption by legal counsel. 4. Demonstrate respect for the political system and for those who serve it, including other public officials. 5. Immediately and publicly declare a conflict in matters which would have the appearance of impropriety for the Council member to vote due to a pecuniary interest or bias. The Council member shall not use his/her position to influence the vote and shall abstain from any discussion or vote on the conflicted matter. 6. Exercise independent judgment in rendering a decision and provide factual basis for such decision. 7. Seek advice of the staff legal counsel at any point that a legal issue arises or where litigation is alleged. 8. Show respect to all colleagues by acting in a professional and dignified manner whether in support of the issue or expressing an adverse point of view. r:\wp511councii\poiiaes.6-010596-4:00 pm 9 y and honestly so as to instill confidence and trust between the 9. Communicate openly , citizens and their chosen public officials. 10. Consider the weight of the regulations on the majority and the long term effects. 11. Not unfairly obstruct another member's access to information or documents by altering, destroying or concealing materials which should be provided to all members. p 12. Serve as a representative of the Town of Oro Valley on boards of outside agencies or internal boards,ards, commissions and committees as appointed by vote of the Council. Such appointments are intended for the purpose of gathering information and sharing g viewpoints regarding issues which will directly affect Oro Valley. Council members shall inform the entire Council in regard to the information or proposed regulations which will affect Oro Valley and share with the agency the majority decision or viewpoint of the Oro Valley Town Council. 13. Be available to the citizens he/she represents. 14. Perform the duties of office impartially and diligently. 15. Refrain from inappropriate political activity. 16. Shouldp seek improvement of the laws, rules, regulations and quality of services rendered on behalf of all Oro Valley citizens. 17. As an electedpublic ublic official, [a Council member] has a responsibility to assure that regulations promulgated ated by it are in the public interests and not in furtherance of self- interest concerns which would violate state law. r:\wp51\councthpoices.6•010596•4:00 pm 1 0 TOWN OF ORO VALLEY, ARIZONA DRAFT TOWN COUNCIL PARLIAMENTARY RULES & PROCEDURES AND CODE OF CONDUCT TABLE OF CONTENTS PREFACE 1 SECTION 1. RULES&PROCEDURES 2 1.1 RULES &PROCEDURES 2 1.2 PARLIAMENTARIAN 2 SECTION 2. DEFINITIONS 2 2.1 AGENDA 2 2.2 COUNCIL PACKET 2 2.3 MEETINGS 2 2.4 NEWSPAPER 3 2.5 NOTICE 3 2.6 ORDINANCE 3 2.7 QUORUM 3 2.8 RESOLUTION 3 SECTION 3. PRESIDING OFFICER 4 3.1 MAYOR 4 3.2 SUSPENSION OF RULES 4 SECTION 4. MEETINGS 4 4.1 REGULAR MEETINGS 4 4.2 ADJOURNED MEETINGS 5 4.3 SPECIAL MEETINGS 5 4.4 STUDY SESSIONS 5 4.5 EXECUTIVE aESSIONS 6 4.6 EMERGENCY MEETINGS 7 4.7 MEETINGS TO BE PUBLIC 7 4.8 MINUTES OF COUNCIL MEETINGS 7 SECTION 5. NOTICE AND AGENDA 8 5.1 PREPARATION AND POSTING NOTICES 8 5.2 AGENDAS 8 SECTION 6. DUTIES AT MEETINGS 9 6.1 MAYOR 9 6.2 TOWN CLERK 10 6.3 SERGEANT-AT-ARMS 10 SECTION 7. ATTENDANCE REQUIREMENTS 10 7.1 COUNCIL MEMBERS 10 F:\Council\Rules and Procedures\Final Pari Rules&Procedures.doc • • • SECTION 8. PROCEDURES FOR MEETINGS 10 8.1 CALL TO ORDER 10 8.2 ROLL CALL 10 8.3 AGENDA ORDER 10 8.4 APPROVAL OF MINUTES/ABSTENTIONS 11 8.5 CALL TO THE AUDIENCE 11 8.6 PUBLIC INPUT AT NON-PUBLIC HEARINGS 11 8.7 COUNCIL COMMUNICATIONS .12 8.8 ORDER OF PRESENTATION ..12 8.9 TOWN MANAGER,COUNCIL,AND STAFF REPORTS 12 8.10 FUTURE AGENDA ITEMS 12 SECTION 9. PUBLIC HEARING PROCEDURE 12 9.1 AGENDA PROCEDURE FOR PUBLIC HEARING 12 SECTION 10. DISCUSSION AND VOTING PROCEDURES 14 10.1 QUORUM 14 10.2 CONFLICTS OF INTEREST 14 10.3 GETTING THE FLOOR 14 10.4 INTERRUPTIONS 14 10.5 MAKING AND SECONDING A MAIN MOTION ..14 10.6 AMENDMENTS TO A MAIN MOTION ....14 10.7 CALLING THE QUESTION ..15 10.8 TAKING THE VOTE .15 10.9 ANNOUNCING THE RESULT OF THE VOTE 15 10.10 TIE VOTES .16 10.11 ORDINANCE EMERGENCY CLAUSE 16 SECTION 11. MOTIONS 16 11.1 RECONSIDERATION OF MOTIONS 16 11.2 MOTIONS TO ADJOURN 16 11.3 MOTION TO RECESS 16 11.4 MOTIONS WITH A FIXED TIME TO ADJOURN 17 11.5 MAIN MOTIONS .17 SECTION 12. CONFLICT OF INTEREST 17 12.1 INTRODUCTION 17 12.2 PURPOSE OF CONFLICT OF INTEREST LAWS 17 12.3 THE ARIZONA CONFLICT OF INTEREST LAW 17 12.4 SUBSTANTIAL INTEREST 18 12.5 REMOTE INTERESTS 18 12.6 RESTRICTIONS ON CONTRACTS FOR SUPPLIES OR SERVICES 20 12.7 DISCLOSURE OF INTEREST 20 12.8 WITHDRAWAL FROM PARTICIPATION 20 12.9 RULE OF IMPOSSIBILITY 20 12.10 IMPROPER USE OF OFFICE FOR PERSONAL GAIN 20 12.11 SANCTIONS FOR VIOLATIONS 21 12.12 NON-STATUTORY CONFLICTS OF INTEREST 21 SECTION 13. CODE OF CONDUCT..... 22 13.1 COMPETENT REPRESENTATION ..22 13.2 ARIZONA OPEN MEETING LAW 22 13.3 CONFIDENTIALITY 22 13.4 POLITICAL SYSTEM 22 F:\Council\Rules and Procedures\Final Parl Rules&Procedures.doc 13.5 LEGAL ADVISE 22 13.6 RESPECT .. 22 13.7 COMMUNICATION ..23 13.8 WEIGHT OF RULES AND LAWS .23 13.9 INFORMATION 23 13.10 REPRESENTATIVE 23 13.11 AVAILABILITY..... 23 13.12 IMPROVEMENT. 23 13.13 RESPONSIBILITY •••.23 APPENDIX A: DISCLOSURE MEMORANDUM 24 F:\Council\Rules and Procedures\Final Parl Rules&Procedures.doc PREFACE A. General Purpose: The Town Council of the Town of Oro Valley, Arizona, in attempting to fulfill its responsibilities to govern the Town and to fully and faithfully perform its duties in the best possible manner, formulates these Rules & Procedures for use by the Council. It is intended that these Rules & Procedures shall set standards and usual procedures for the conducting of public meetings of the Council. These Rules &Procedures shall be in effect for all Council meetings. B. Council Indoctrination: It is recommended that all Council Members review these Rules & Procedures as soon as possible after they take office and annually thereafter. F:\Council\Final Parl Rules&Procedures Office of the Oro Valley Town Attorney/GRTF 7.27.2001 SECTION 1. RULES & PROCEDURES 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, Commission, Committee, or Task Force. SECTION 2. 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 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 in Section 5.2(D), Agendas; and is provided or made available to the Council Members according to Section 5.2(C), Agendas. 2.3 MEETINGS A meeting is the gathering, in person or by technological devices, of a quorum of the Council Members, at which they discuss, propose, or take legal action, including any 2 F:\Council\Final Parl Rules&Procedures Office of the Oro Valley Town Attorney/GRTF 7.27.2001 deliberations by a quorum with respect to such action. If a quorum is not present, those in attendance will be named for the record and in the absence of the Presiding Officer, the Town Clerk will adjourn the meeting. The types of Council meetings are as follows: A. Regular B. Executive C. Special D. Study E. Emergency 2.4 NEWSPAPER Typically, a daily or weekly paid publication containing recent news, feature articles, editorials and general advertisements. 2.5 NOTICE A formal announcement to the public that sets forth the name of the Council, date, time andp lace for which a meeting of the Council will be held. Giving formal notice of meetings is done as provided by Statute, these Rules & Procedures, or other rules or regulations of the Council. 2.6 ORDINANCE An ordinance is Council action setting forth a rule of public conduct that is considered long-term. Long-term Lon -term rules include zoning issues, annexations, abandonment's, laws of the Town and such. The ordinance, in addition to being referenced by number and brief 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. 2.7 QUORUM Aq uorum is the minimum number of Council Members that must be present in order for business to be legally transacted. A. Quorum. A quorum is the simple majority 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. B. Posting of Notice of Quorum. A Notice of Quorum is a notice informing the public that a possibility of a majority of the Council Members may be present at an upcoming social event and/or any other function. 2.8 RESOLUTION A resolution is generally used for Council action on special or temporary matters or for any other purpose except where an ordinance is required by law. A resolution is less 3 F:\Council\Final Parl Rules&Procedures Office of the Oro Valley Town Attorney/GRTF 7.27.2001 solemn and less formal than an ordinance and is frequently used to exercise the Council's legislative power as it proposes to resolve general policy issues, give direction, and to express the intent of public policy of the Town. The resolution, in addition to being referenced by number and brief title in the Minutes, will be recorded as provided by law and maintained in numerical sequence as a permanent record of the Town. The effective date of a resolution shall be provided by law. SECTION 3. PRESIDING OFFICER 3.1 MAYOR The Mayor, or in the Mayor's absence, the Vice-Mayor is the Presiding Officer of all meetings of the Council. In an anticipated absence of the Mayor and Vice-Mayor, a Mayor Pro Tempore shall be appointed by the Mayor, or by the Council if the Mayor is unable to make such an appointment, and that person shall serve until the return of the Mayor or Vice-Mayor. In the absence of both the Mayor and the Vice-Mayor and a Mayor Pro Tempore has not been appointed, the meeting shall be called to order by the Town Clerk, whereupon, the Town Clerk shall immediately call for the selection of a Mayor Pro Tempore. 3.2 SUSPENSION OF RULES The Presiding Officer may suspend observance of these Rules & Procedures, and any applicable provision of Robert's Rules of Order for the timely and orderly progression of the meeting. 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 A) The Council of the Town of Oro Valley shall hold Regular meetings at or 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 or time if necessary, on the first and third Wednesday of each month. Meetings are held for the purpose of discussion or action of the Council on various issues deemed necessary to further the business of the Town. These meetings may provide for "Citizen Comments/Appearances from the Floor" as determined by the Presiding Officer or the majority of the Council Members present. B) When the day for a Regular meeting of the Council falls on a legal holiday, no meeting shall be held on such holiday, but a Special meeting 4 F:\Council\Final Parl Rules&Procedures Office of the Oro Valley Town Attorney/GRTF 7.27.2001 may be held at such time and such location as scheduled by the majority of the Council. C) In order to accommodate vacation scheduling of Council Members, Council may, by vote or consensus, adjust the schedule of the two per month Regular meetings as Special meetings on a mutually convenient date and time, or cancel the meeting. 4.2 ADJOURNED MEETINGS Any meeting may be adjourned to a time, place and date certain, but not beyond the next Regular meeting. Once adjourned, the meeting may not be reconvened except at the time, date, and place provided for in the motion. 4.3 SPECIAL MEETINGS A) In accordance with Section 2-4-2 of the Oro Valley Town Code, Special meetings may be called by the Mayor, and notice shall be posted by the Town Clerk at least twenty-four (24) hours prior to the meeting or by a majority of the Council, and notice shall be posted by the Town Clerk at least forty-eight (48)hours prior to the meeting. B) Special meetings are held for the purpose of presentations, discussion, or action of the Council on various issues as deemed necessary to further the business of the Town. These meetings may provide for "Citizen Comments/Appearances from the Floor," as determined by the Presiding Officer or the majority of the Council Members present. 4.4 STUDY SESSIONS A) Study Sessions offer the Council an opportunity to study items in an informal manner. No action may be taken during a Study Session meeting. Such meeting shall be held at the call of the Mayor or the call of three or more Council Members. In the absence of having a quorum, a Study Session shall be declared a Sub-Committee meeting of the Council, and shall continue to follow these Rules & Procedures. B) Study Sessions are held for the purpose of presentations and discussions on such issues that require more in-depth consideration of the Council than may be possible at a Regular meeting. No formal action of the Council may be taken at such meetings, other than general consensus or conveying direction to Staff for further action. These meetings may provide for"Citizen Comments/Appearances from the Floor," as determined by the Presiding Officer or the majority of the Council Members present. 5 F:\Council\Final Parl Rules&Procedures Office of the Oro Valley Town Attorney/GRTF 7.27.2001 4.5 EXECUTIVE SESSIONS A) Executive Sessions may be placed on an agenda under the same circumstances as any other agenda item. The Town may hold an 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 its position and to instruct the Council regarding litigation; b) Attempt to avoid and/or resolve litigation through 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 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 the Mayor and Council, Town Manager, Town Clerk, and Town Attorney. A majority of the Council may vote at the public session prior to the 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. 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 record. In accordance with ARS § 38- 431.03(C), 8- 431.03(C), the Town may only disclose the Minutes of an Executive Session to the Attorney General or the Pima County Attorney upon receipt of a written complaint alleging a violation of this provision at an Executive Session of the Town, and upon being presented with a court order. 6 F:\Council\Final Parl Rules&Procedures Office of the Oro Valley Town Attorney/GRTF 7.27.2001 D All Executive Session discussions and materials are considered confidential and non-public information. No discussion or materials may be disseminated to anyone outside of the Mayor and Council, Town Manager, Town Attorney, and Town Clerk. Any discovered or suspected violation shall be reported to the Town Attorney immediately. 4.6 EMERGENCY MEETINGS As provided for in ARS § 38-431.02(D), the Mayor and Council may call a Emergency meeting to discuss or take action on an unforeseen issue where time,is of the essence and sufficient time does not provide for the posting of a meeting notice twenty-four (24) hours or more before the meeting. Notice of an Emergency meeting of the Mayor and Council will be posted within twenty-four (24) hours following the holding of an Emergency meeting. The Notice will include the agenda and a brief, but complete, 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 A) With exception of Council Executive Sessions, all Regular, Special, Emergency, and Study Session meetings of the Council shall be open to the public. B) All public meetings may be recorded by means of audio, video or photographic equipment provided that there is not interference in the orderly conduct 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 A) The Town Manager shall ensure Staff attendance at all Regular, Special, Study Session, Emergency, and Executive Session meetings of the Council for the purpose of taking notes and/or audio recordation of the meeting. B) Written Synopsis Minutes instead of Verbatim Minutes shall be taken so that a brief accounting of the issues discussed and actions taken is compiled and entered into the permanent Minute Book of the Town and kept on file in the Office of the Town Clerk. Open meetings may be recorded by means of audio or video technology, which will be retained for a period of time in accordance with current Town policy. C) All Minutes of the Council are deemed to be Public Records, with the exception of closed Executive Session Minutes, which, while they fall 7 F:\Council\Final Pail Rules&Procedures Office of the Oro Valley Town Attorney/GRTF 7.27.2001 under the definition of and are considered Public Records by State Statute, are deemed confidential and are only available under limited conditions or by court order. Transcribed Minutes, or the audio or video recording of all open meetings of the Council, must be on file in the Office of the Town Clerk, and available for public review by 5:00 p.m. on the third working day following each meeting, or as provided by ARS § 38-431.01. D) Minutes of all meetings of the Council are made available at the Town Clerk's office, and may be available through the Town's Web Site. SECTION 5. NOTICE AND AGENDA 5.1 PREPARATION AND POSTING NOTICES A) The Town Clerk, or designee, shall prepare all public meeting notices of the Council, and shall ensure posting of the meeting notices no less than twenty-four (24) hours before the date and time set for said meetings in accordance with ARS § 38-431.02(C). B) Meeting notices shall be posted on an outside bulletin board located at the Town Hall Courtyard at 11000 North La Canada Drive, Oro Valley, Arizona, in the lobby of the Town Hall, and in the lobby of the Oro Valley Police Department at 11000 North La Canada Drive, Oro Valley Arizona, or as established by the 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 final agenda by the Town Attorney. The Council Member shall be selected by the Council and his/her term shall last for four(4) months ending with the second Regular Council meeting of the fourth 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. All items requiring prior legal review shall be submitted to the Town Attorney on or about fourteen (14) days prior to submission to the Town Clerk's office. C) Council packets will be delivered to the office of all Council Members on or about seven (7) days prior to the Council meeting. These deadlines may be waived for any particular item by the Mayor or Town Manager only if it is determined that it is impossible to meet the deadline. 8 F:\Council\Final Parl Rules&Procedures Office of the Oro Valley Town Attorney/GRTF 7.27.2001 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. Consent Agenda 8. Business 9. Town Manager's Report 10. Call to Audience 11. Adjournment 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 any of the rights and privileges of a Council Member. The 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. B) In the event of unruly behavior of any member of the public or of 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. The Mayor or in the Mayor's refusal, the Council, may have the Sergeant-at-Arms remove the person from the meeting room until such time as the person agrees and publicly acknowledges to the Mayor that there will be no further disturbances. If a person makes the public acknowledgement, they may be allowed to return to the meeting. 9 F:\Council\Final Pail Rules&Procedures Office of the Oro Valley Town Attorney/GRTF 7.27.2001 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 meetings, and shall carry out all orders and instructions given by the Mayor (and/or a majority of 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 the process 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. Pursuant to ARS § 38-291, 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. The measured time for abandonment of office starts as of the first Council Study Session or meeting missed. Pursuant to Oro Valley Town Code Section 2-1-6, in 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. 8.3 AGENDA ORDER The order of business shall be as provided for in the agenda and any item shall be considered during the course of the Council meeting at the discretion of the Mayor, so 10 F:\Council\Final Parl Rules&Procedures Office of the Oro Valley Town Attorney/GRTF 7.27.2001 long as there is no attempt to deny the public of the opportunity to participate in public hearings. The Mayor may amend the order of the agenda at the beginning and during the course of a meeting with the approval of a majority of the Council. 8.4 APPROVAL OF MINUTES/ABSTENTIONS The Town Clerk shall present Minutes to the Council for approval, Council Members who were not present at a previous meeting may abstain from the vote approving those Minutes. The Council may approve multiple Minutes by one vote, and if one or more Council Members expressed a desire to abstain from the vote on one set of Minutes, the motion shall be to approve the Minutes "except as noted by Council Member(s) ." 8.5 CALL TO THE AUDIENCE The Council may make an open Call to the Audience during a public meeting so that individuals may address the Council on any issue within the jurisdiction of the Council. Each speaker must speak in a courteous and respectful manner and may be limited to three (3) minutes. If necessary, the Mayor or Council may limit the total time offered speakers. All such remarks shall be addressed to the Council as whole, and are not to be addressed to any specific Council Member. Should any item be addressed to a specific Council Member, it shall be 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 into the discussion without the permission of the Mayor. At the conclusion of the open Call to the Audience and pursuant to state law, the Council may respond, but they may not take action on any item 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 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. Written communications related to an agenda item 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. 11 F:\Council\Final Parl Rules&Procedures Office of the Oro Valley Town Attorney/GRTF 7.27.2001 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. D) The Mayor shall declare that the Council is now in Public Hearing. At this time, the public may 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 blue card located in the back of the Council Chambers and submit it to the Town Clerk. That person may be permitted to speak; however, any such public address may be limited to three (3) minutes per person. All persons addressing the Council shall speak into the microphone so that the comments may be recorded. Written communications related to an agenda item should be delivered to the Town Clerk three (3) full working days in advance of the Council 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 time of a person's address to the Council but these documents will not be reviewed, addressed, or commented on at the Council meeting by the Council. 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. G) The proponent 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. I) The agenda item will then be discussed and action taken as on any other agenda item. 13 F:\Council\Final Parl Rules&Procedures Office of the Oro Valley Town Attorney/GRTF 7.27.2001 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 upon any business. A quorum shall consist of a majority of the Council Members. In the event a quorum 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., concerning conflicts 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. Immediately upon determining that a conflict exists, the Council Member shall declare a conflict of interest by completing a Conflict of Interest Disclosure Memorandum (See Appendix A) and returning the form to the Town Clerk. That Council 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 excused from that agenda item unless it would result in the loss of a quorum, which would therefore result in continuing that item. If that issue is not resolved at that meeting, that Council Member shall not discuss the matter with any other Council Member until the matter is finally resolved. The Council Member who declared the conflict may return to his/her seat when that agenda item is completed. 10.3 GETTING THE FLOOR Every Council Member desiring to speak shall address the Mayor, and upon recognition by the Mayor, shall confine himself/herself to the question under debate. 10.4 INTERRUPTIONS When an individual has been given the floor, that Council Member or member of the public shall not be interrupted as long as such individual is proceeding in accordance with these Rules & Procedures. 10.5 MAKING AND SECONDING A MAIN MOTION There can be no discussion after a main motion is made until there is a second to the 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 A) Voluntary: At any time before the question is called on a pending motion, the Council Member who made the motion may ask that his/her motion be 14 F:\Council\Final Parl Rules&Procedures Office of the Oro Valley Town Attorney/GRTF 7.27.2001 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 any time before the question is called on a pending motion, a Council Member may make a motion to amend the motion. At that time the discussion of the underlying issue will stop. If there is not a second to the motion to amend, then discussion on the underlying issue 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. C) Voluntary Withdrawal: At any time before the question is called on a pending motion, the Council Member who made the motion may ask that his/her motion be withdrawn. The motion will be withdrawn only in the event that the Council Member who seconded the motion agrees to withdraw the motion. 10.7 CALLING THE QUESTION Discussion shall end at the time the question is called, or at the time the Mayor determines that there is no further need for discussion. However, when there is a Call for the Question, the Mayor 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 by that 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 Mayor shall 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 the effect of a "nay" vote. 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. 15 F:\Council\Final Parl Rules&Procedures Office of the Oro Valley Town Attorney/GRTF 7.27.2001 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. 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 meeting unless it can be positively determined that all persons who were present when the item was first considered are still present. B. Said reconsideration of any action 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 that item on the agenda prior to the next regularly scheduled Council meeting. At the time of that meeting before the matter may be considered, there must be a second to the Motion to Reconsider. C. If the motion to reconsider failed, the Council will skip the next agenda item, which will be the discussion and vote of the original issue. If the motion to reconsider was successful, the Council will discuss and vote on the original issue as for any other business before the Council, and any Council Member may make motions on the original issue. 11.2 MOTIONS TO ADJOURN A motion to adjourn may be made at any time, and this motion takes precedence over all other motions in accordance with Roberts Rules of Order. 11.3 MOTIONS TO RECESS A motion to recess may be made at any time. 16 F:\Council\Final Parl Rules 8 Procedures Office of the Oro Valley Town Attorney/GRTF 7.27.2001 ti 11.4 MOTIONS WITH A FIXED TIME TO ADJOURN A motion with a fixed time to adjourn is not in order when another has the floor. This 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. SECTION 12. CONFLICT OF INTEREST 12.1 INTRODUCTION Occasionally, a Council Member may find himself/herself in a situation which requires that Council Member to remove himself/herself from participation in the decision making process and from voting on a matter before the Council. This situation exists when the Council Member has a "conflict of interest" as defined by applicable laws. These laws establish minimum standards for the conduct of Council Members who, in their official capacity, are, or may become involved with, a decision which might unduly affect their personal interests or those of their close relatives. Arizona law defines those close relatives to include "spouse, child, grandchild, parent, grandparent, brother or sister of whole or half blood and their spouses, and the parent, brother, sister or child of a spouse." 12.2 PURPOSE OF CONFLICT OF INTEREST LAWS The purpose of Arizona's conflict of interest laws is to prevent self-dealing by Council Members and other public officials. The financial interest of Council Members must not conflict with the unbiased performance of their public duties. One cannot serve two masters with conflicting 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 or otherwise participating in_any manner as a Council Member in such contract, sale or purchase. 17 F:\Council\Final Parl Rules&Procedures Office of the Oro Valley Town Attorney/GRTF 7.27.2001 B) Any 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." The Legislature has determined that certain economic interests are so remote that they do 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 following subsection, 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 Council Member or a close relative? B) Is the interest a pecuniary or proprietary 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 questions is yes, then a substantial interest exists which requires disclosure and disqualification by the Council Member. Although Council Members may not themselves have a substantial interest in a decision in which they are about to participate, if one of their close relatives has a substantial interest in the decision, the Council Member must disclose the interest and refrain from 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 remote interests is a substantial interest requiring withdrawal from participation: A) Non-Profit Corporations. If the Council Member or their close relative is a non-salaried officer of a nonprofit corporation, he or she has a remote interest in any decision affecting that corporation. 18 F:\Council\Final Parl Rules& Procedures Office of the Oro Valley Town Attorney/GRTF 7.27.2001 B Landlord/Tenant of a Contracting Party. If a Council Member or their close relative is a landlord or tenant of a party contracting with the Town, the Council Member has a remote interest in a decision regarding the contract. C) Attorney of a Contracting Party. If the Council Member or their close relative represents a client contracting with the Town, he/she has a remote interest in a decision affecting the client's contract. For example, if the Council is considering awarding a contract to a contractor, which is represented by an attorney, 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 profit, and if the income from those shares does not exceed five percent of the person's total annual income, he/she has a remote interest in any decision affecting that corporation. F) Reimbursement of Expenses. If a Council Member or their close relative is being reimbursed for actual and necessary expenses incurred in the performance of official duties, he/she has a remote interest in any decision affecting that reimbursement. G) Recipient of Public Services Generally Available. If the Council Member or their close relative is a recipient of public services provided by the Town, and if those services are available to the general 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, business, profession or other class of persons, and the interest is no greater than the interest of the other members of the class, the Council Member has a remote interest in any decision affecting the class. For example, if the Council was considering a decrease in Bed Tax and a Council Member's son owned a business subject to the tax, the interest is 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 indirectly affects a close relative who is an officer or employee of another public agency. For example, the head of the state agency responsible for allocating funds to local governments could 19 F:\Council\Final Parl Rules&Procedures Office of the Oro Valley Town Attorney/GRTF 7.27.2001 participate in such decisions even though his/her spouse was an officer or employee of the local government. If, however, the decision confers some direct economic benefit or detriment resulting in the termination of a spouse's employment by 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 in § 12.1, may sell to the Town any supplies or equipment valued at not more than $300 in any single transaction, or $1,000 in any one year, except as provided for by State law and if the policy for such purchases is approved annually. 12.7 DISCLOSURE OF INTEREST Pursuant to ARS § 41-1346, the Town shall maintain an active system for the management of public records so that all documents necessary to memorialize disclosures of substantial interest are made available for public inspection. Any Council Member who has a conflict of interest in any decision must disclose that interest. The Council Member shall file with the Town Clerk a signed Conflict of Interest Disclosure Memorandum (See Appendix A) fully disclosing the interest, and declaring the existence of the conflict and the reasons at a Council meeting. 12.8 WITHDRAWAL FROM PARTICIPATION Council Members shall immediately and publicly declare a conflict in matters which the Council Member, or whose close relative, would have a substantial interest due to a pecuniary interest or bias. Having disclosed the conflict of interest and withdrawn in the matter, the Council Member must not communicate about the matter with anyone involved in the decision making process in order to avoid the appearance of impropriety. Further, the Council Member should not otherwise attempt to influence the decision and should withdraw from the Council chambers while the matter is considered. If that issue is not resolved at that meeting, that Council Member shall not discuss the matter with any other Council Member until the matter is finally resolved. The Council Member who declared the conflict may return to their seat when that agenda item is completed. 12.9 RULE OF IMPOSSIBILITY (CONFLICT OF THE MAJORITY) ARS § 38-508 (B) specifically permits a Council Member(s) to vote in the event of an apparent conflict as provided for in ARS § 38-503 when the failure to vote would prevent the Council from taking action. The Council Member must disclose the substantial interest in the public records of the Town prior to voting on that issue. 12.10 IMPROPER USE OF OFFICE FOR PERSONAL GAIN Pursuant to ARS § 3 8-504(C), Council Members are prohibited from using or attempting to use their official position to secure valuable things or benefits for themselves, unless 20 F:\Council\Final Parl Rules 4.:Procedures Office of the Oro Valley Town Attorney/GRTF 7.27.2001 those are part of the compensation they would normally be entitled to for performing their duties. Pursuant to ARS § 13-2602, it is a class 4 felony for a Council Member to solicit, accept, or agree to accept any benefit upon an understanding that his or her vote, judgment,oPinion, or other official action may thereby be influenced. Pursuant to ARS § 38-444, it is a class 6 felony for a Council Member to ask to receive any unauthorized gratuity or reward or promise of a gratuity or reward for doing an official act. 12.11 SANCTIONS FOR VIOLATIONS A) Pursuant to ARS § 38-510 (A), a Council Member who knowingly or intentionally violates any provision of the conflict of interest law may be charged with a class 6 felony. B) Pursuant to ARS § 38-510 (B), a Council Member who negligently or recklessly violates the law may be charged with a class 1 misdemeanor. This means that a person may be prosecuted for failure to disclose a conflict of interest, even though that person was not aware of the conflict. C) Pursuant to ARS § 38-510 (C), upon conviction of a violation of the conflict of interest laws, a Council Member forfeits the public office. D) Pursuant to ARS § 38-511, as amended, any contract made by the Town is subject to cancellation if anyone significantly involved in the contract process on behalf of the Town was or is also employed by or acted as consultant to any other party to the contract during the time the contract or extension to the contract is in effect. E) Any person who is affected by a Town decision made in violation of the conflict of interest laws, may sue to have the contract or decision declared null and void. The court may award costs and attorney's fees to the prevailing party. Persons claiming that a Council Member had a pecuniary interest in making a decision against them may also file suit in state or federal court alleging a violation of their civil rights. In this instance, a Council Member is thought to have engaged in self-dealing through the powers of a Council Member, and by placing oneself ahead of the welfare of the Town, the Council Member lies outside of his/her official capacity. 12.12 NON-STATUTORY CONFLICTS OF INTEREST Occasionally, a Council Member may feel that he/she should ethically refrain from participation ation in a decision even though the circumstances may not amount to a conflict of interest under the state law described above. It is the policy of the Council to encourage Council Members to adhere to strongly held ethical values, which are exercised in good faith. However, participation is encouraged in the decision making process unless the matter involves the Council Members personal conduct or a conflict of interest set forth 21 F:\Council\Final Parl Rules&Procedures Office of the Oro Valley Town Attorney/GRTF 7.27.2001 by statute. Council Members are expected to weigh these considerations and follow their conscience. SECTION 13. CODE OF CONDUCT 13.1 COMPETENT REPRESENTATION Council Members shall provide competent representation for Town residents. Competent representation requires the knowledge, skill, thoroughness and preparation reasonably p necessary to make an informed decision regarding issues coming before the Council which directly affects the residents that they represent. 13.2 ARIZONA OPEN MEETING LAW Council Members shall meet in accordance with the Arizona Open,Meeting Law and as required by Arizona state law discussing only those issues noted on the agenda. Council Members shall only discuss and decide issues at a properly noticed public meeting. 13.3 CONFIDENTIALITY Council Members shall maintain confidentiality of matters discussed in Executive Session and those issued under a `confidential' and `attorney-client privilege' caption by legal counsel. Pursuant to ARS § 38-431.03, a Council Member shall not disclose such information except to the Attorney General or County Attorney pursuant to an official request made in connection with an authorized audit as provided by law. In accordance with ARS § 38-431.07(A), a Council Member shall neither knowingly aid, agree to aid, or attempt to aid another person in the unauthorized disclosure of Executive Session and/or confidential material in any form, which carries a minimum civil penalty not to exceed $500 per infraction. 13.4 POLITICAL SYSTEM Council Members shall demonstrate respect for the political system and for those who 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 Council Members shall show respect to all colleagues by acting in a professional and dignified manner whether in support of the issue or expressing an adverse point of view. 22 F:\Council\Final Parl Rules&Procedures Office of the Oro Valley Town Attorney/GRTF 7.27.2001 13.7 COMMUNICATION Council Members shall communicate openly 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 Council Members shall be provided equal access to information, documents, or materials. 13.10 REPRESENTATIVE 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 Council. Such appointments are intended for the purpose of gathering information and sharingviewpoints and Council policy regarding issues, which will directly affect the Town. Council Members shall inform the entire Council in regard to the information or proposed regulations, which will affect the Town and share with the agency the majority p 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 Council Members shall seek improvement of the laws, rules, regulations and quality of 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 by it are in the public interests. 23 F:\Council\Final Parl Rules&Procedures Office of the Oro Valley Town Attorney/GRTF 7.27.2001 APPENDIX A CONFLICT OF INTEREST DISCLOSURE MEMORANDUM 24 F:\Council\Final Parl Rules&Procedures Office of the Oro Valley Town Attorney/GRTF 7.27.2001 w CONFLICT OF INTEREST DISCLOSURE MEMORANDUM TO: Kathi Cuvelier, Town Clerk TOWN OF ORO VALLEY 11000 North La Canada Drive Oro Valley,AZ 85737-7016 FROM: DATE: RE: Conflict of Interest Disclosure Pursuant to A.R.S. §§ 38-501 to 38-511 1. Identify the decision, case investigation, or other matter in which you or your relative may have a"substantial interest"under A.R.S. §§ 38-501 to 38-511. 2. Describe the"substantial interest"referred to above. Statement of Disqualification To avoid any possible conflict of interest as defined in A.R.S. §§ 38-501 to 38-511, I will refrain from participating in any manner as identified above. Date Signature II •••••••••• •••••••••• •••••••••• .......... .......... .,,, .••••••••• .......... ••••••••• •••••••••• •••••••••• •••••••••• •••••••••• C13 ••••••••• :•:•:,::•;;::::•„-: •••••••••• •••••••••• •••••••••• .......... .......... ......... . Ca .......... ......... ......... •••••••••• •••••••••• •••••••••• .......... •••••••••• •••••••••• 1%1 •••••••••• .......... 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TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: August 6, 2001 TO: HONORABLE MAYOR & COUNCIL FROM: Chuck Sweet, Town Manager SUBJECT: Discussion Regarding Voting Telephonically by Council Members BACKGROUND: In February 1996, the Town Council adopted by Resolution the Town Council Policies and Procedures with the intent of establishing a set of policies and procedures which would govern the Town Council. While the Policies and Procedures address many topics, it does not address the issue of Town Council Members participating and voting telephonically during public meetings. As a result, in response to an inquiry from the Council, staff has researched the legality of Council Members attending and voting on action items at Public Meetings via telephone. Following such research, staff finds that due to recent changes to the Arizona Open Meeting Law, public meetings may take place via technological devices (see attached memorandum from Dan Dudley, Town Attorney). Therefore, below please find proposed language which addresses the issue of telephonic attendance at council meetings. It is suggested that this language be added as paragraph 8a of Section VIII, Discussion and Voting Procedure, of the Town Council Policies and Procedures. a. Telephonic Attendance at Council Meetings. Due to unforeseen circumstances it may be necessary that a Town Council Member be absent from a public meeting. Should this occur, the Town Council has the discretion to include a Council Member in a Town Council Meeting telephonically. Should the Council decide to include a Council Member in a public meeting telephonically, the Council Member appearing telephonically must be able to be identified with some certainty. The Council Member must also use such equipment which allows him to be heard by the Council and the public and hear the Council and the public. It should be noted that this method of holding public meetings should only be conducted on a very limited basis. It is strongly encouraged that issues of significance, where possible, not be voted on telephonically. ATTACHMENTS: 1) Memorandum from Dan Dudley, Town Attorney, dated June 5, 2001. 2) Draft Resolution ref: Telephonic Voting at Council Meetings. Town Manage f N EY,e1// ..000114. LADED Office of the Town Attorney Memo To: Mayor and Council From: Dan L. Dudley Cc: Chuck Sweet, Town Manager Date: August 2, 2001 Re: Revised Memo re Attendance and Voting via Telephone at Council Meetings At the request of Council Member Johnson, I have researched the legality of members of the Town Council attending and voting on action items at Public Meetings via telephone. Question: Can the Town of Oro Valley hold Town Council Meetings and include members of the council via telephone. Answer: Yes. Recent changes to the Arizona Open Meeting Law, ARS § 38-431 (4) redefines meetings to include meetings that take place via technological devices. Question: If council members appear at meetings telephonically, may their presence be recorded for purposes of a quorum. Answer: Yes. The applicable Town Ordinance, OVTC s 2-4-4 provides that " [a] a majority of the council shall constitute a quorum for transacting business, but a lesser number may adjourn from time to time and compel attendance of absent members." The language does not address telephonic voting and therefore neither prohibits nor authorizes telephonic voting. In a like manner, neither The Town Council Policies and Procedures or Roberts Rules of Order address telephonic voting and therefore do not prohibit such voting. \\OV LEG\SYS\Memos\Mayor and Council\Mayor and Council\Revised Memo TC via Telephonel-rev for 080601 Study Session.doc The Appellate Courts in Arizona offer no guidance on this issue and the Town and City Attorneys are far from unanimous in their approach regarding telephonic voting. A review of other jurisdictions reflects similar differences of opinion. Rhode Island requires physical presence. In one Rhode Island case, a council vote was invalidated because one of the members was in the doorway during roll call, and was therefor not physically present. Fargnoli v. Cianci, 121 R.I. 153, 397 A.2d 68 (1979). The Washington Court of Appeals, on the other hand, has held that physical presence was not required for attendance or the taking of legal action at a meeting of the public body, and that telephonic presence did not violate the Washington Open Meeting Law. Clausing v. State, 90 Wash.App. 863, 955 P.2d 394(Wash.App. Div. 1998). The Washington Constitution, as well as its Open Meeting Law, is similar to that of Arizona, and the decisions of the Washington Courts are generally found persuasive by Arizona Courts. The logic of the Washington Court is also more persuasive than the Rhode Island Court. The historical precedent followed by the Rhode Island Court and many legislative bodies was premised upon the technological impossibility of instantaneous voting from a remote location at the time of the founding of our country and our legislative institutions. Those restrictions on voting continued to the present even though the technological impossibility clearly no longer exists. I am persuaded therefor from a review of the Open Meeting Law, the Town's Applicable Ordinances, our current Town Council Policies and Procedures and applicable authority that the Town Council can hold meetings telephonically without any changes to the Town's ordinances, policies or procedures in the following circumstances:) 1. The member appearing telephonically must be able to be identified with some certainty. 2. The member must be capable of being heard by the Council and the Public and must be able to hear the Council and the Public. 1 However,I would strongly recommend that the Council seriously consider adopting rules setting forth the scope of that telephonic appearance. I would also suggest to the Council,that because no Arizona Court has ruled on this issue,that such telephonic appearances be limited and that issues of significance,where possible,not be voted on telephonically. The obvious risk inherent in such a meeting is that without precedent from the State Appellate Courts,I cannot determine with certainty how the court will rule.If the court issues an unfavorable ruling regarding a time sensitive matter,we may not be able to reconsider the issue in time to avert problems. • Page 2 DRAFT RESOLUTION NO. (R)01- A RESOLUTION OF THE TOWN OF ORO VALLEY, ARIZONA, AMENDING THAT CERTAIN DOCUMENT FILED WITH THE TOWN CLERK AND ENTITLED "TOWN COUNCIL POLICIES AND PROCEDURES" WHEREAS, the Town Council Policies and Procedures were adopted by Resolution No. (R)00-19 on February 16, 2001; and WHEREAS, in the best interest of the Town it is necessary to amend Section VIII of the aforementioned Policies and Procedures and address the issue of telephonic attendance and voting at Council Meetings. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, THAT Section VIII of the Town Council Policies and Procedures shall be amended to include the following paragraph: 8.a. Telephonic Attendance at Council Meetings. Due to unforeseen circumstances it may be necessary that a Town Council Member be absent from a public meeting. Should this occur, the Town Council has the discretion to include a Council Member in a Town Council Meeting telephonically. Should the Council decide to include a Council Member in a public meeting telephonically, the Council Member appearing telephonically must be able to be identified with some certainty. The Council Member must also use such equipment which allows him to be heard by the Council and the public and hear the Council and the public. It should be noted that this method of holding public meetings should only be conducted on a very limited basis. It is strongly encouraged that issues of significance, where possible, not be voted on telephonically. PASSED and APPROVED by the Town Council of the Town of Oro Valley, Arizona, this day of , 2001. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk Dan L. Dudley, Town Attorney 1 I 3 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: Aug. 6th 2001 TO: HONORABLE MAYOR AND COUNCIL FROM: CHUCK SWEET, TOWN MANAGER DATE: August 2nd 2001 SUBJ: Discussion of the Town of Oro Valley Annexation Policy— Resolution No. ( R ) 95-22 SUMMARY: Since the Casas Adobes failed incorporation election on March 13th 2001 the Town continues to receive inquiries from property owners who express interest in becoming part of Oro Valley. This expressed interest has been most prevalent in the unincorporated areas immediately to the south of the Town's corporate boundaries, with the Magee/Oracle area having the most contacts with the town. In order to be responsive to these annexation inquiries, it is important that the Town Council revisit the town's annexation policy for the "annexation of unincorporated land" into the town. There are two guiding documents for the Town Council to consider when reviewing the subject of annexation: Resolution No. ( R ) 95-22 Oro Valley Annexation Policy and the Town's General Plan. Resolution No. ( R ) 95-22 (Annexation Policy): The first guideline of the Town's Annexation Policy says to : "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." The fourth guideline of the Town's Annexation Policy indicates that the Town Council should consider: "Future annexations of the Town shall be generally consistent with the policies and the planning area of Town's adopted General Plan." Town General Plan: The Town's current General Plan makes several references to the subject of "annexation" in the following sections: SUMMARY OF FOCUS 2020 REFERENCES TO ANNEXATION The following is a description of the Planning Area The Town of Oro Valley's incorporated land area is 26 square miles as of December 1995. Over the next 25 years, the Town will need to annex additional lands to accommodate growth and ensure attainment of the community's vision for the future. [Existing Conditions 3.1 Planning Area,p.3-1] 4.1.4 Land Use Policies and Recommendations The Oro Valley Planning Area is 84 square miles, while the Town's incorporated land area as of December 1995 is 26 square miles. Considerable discussion occurred in determining the boundaries for the Planning Area. The land area included within the boundary is intended to represent potential areas that the Town Council would consider annexing at some time in the future. Therefore, it was important to do some planning of the area even though the Town currently does not have legal authority. By planning the area outside the incorporated boundaries and working closely with Pima County, it is our intent that the County will consider the Oro Valley General Plan when making decisions that might impact future Oro Valley land. [p. 4.1-7] Policy 1.3J: Work with other jurisdictions to encourage compatible, high-quality development in potential annexation areas. [p. 4.1-13] The following is a description of the Conditions Related to Economic Development External Opportunities External Threats Future annexations; sphere of Zoning commitments made influence Good housing market Annexations [p. 4.3-13] Economic Development Policies Policy 3.1G: Assess the long-term costs and benefits of annexation versus short-term gains. 1 • Encourage annexation of county islands and peninsulas to facilitate infrastructure expansion and improve operational efficiencies of municipal services, and standardize design criteria. • Prepare fiscal impact analysis for response to annexation Policy 3.11: Annex Pima County areas which will provide a positive net increase in tax revenues. [p 4.3-22] Table 4.3.5-1: Economic Development Strategic Implementation Action Time Frame Responsibility 0-1 yr1-3yrs3- 5yrs Develop a fiscal impact analysis before X X X Economic initiating an annexation. Development Adm.; Town Manager; Town Council; Finance Director [p. 4.3-23] LAND USE ELEMENT Careful local review of land use proposals and disciplined decision-making to enforce plan implementation are the bridges between Oro Valley's constraints and opportunities. It is particularly important for the Town to consider annexation (or increased extraterritorial influence) for lands that are not presently within the corporate limits, but that will impact the community. The Oro Valley Primary Planning Area is the area approved by the Town Council as potential future annexation areas. Prior to annexation, the Town Council must approve the annexation area and a fiscal impact analysis must be completed. However, much of the Planning Area is also within the Town of Marana's and City of Tucson's "sphere of influence," or potential annexation area. Therefore, communication and possible joint planning efforts should occur with the surrounding jurisdictions and Pima County within the Planning Area. Focus 2020: Oro Valley General Plan had considerable participation and input from these surrounding jurisdictions and the residents within the unincorporated areas. [p 4.3-22] 4.5 Public Facilities and Services Element As Oro Valley matures, it is expected to grow in two major ways: 1) increased population and employment within the existing Town boundaries; and 2) annexation of new lands. These growth opportunities can have significant impact on, and create additional demands for, Town public services and facilities. Attention must be directed to positioning the Town for the future, reinforcing established quality standards, and analyzing the cost/benefit of potential growth. Town officials recognize these responsibilities and are taking steps to address them. [p. 4.5-1] ATTACHMENTS: 1. Resolution No. ( R ) 95-22 Town of Oro Valley Policy for the Annexation of Unincorporated Land 2. Excerpt from March 26th 2001 Study Session relating to Annexation Policy Discussion. In order to be responsive to the interest expressed by property owners in the unincorporated areas, especially in the areas south of the town's existing boundaries, I would request the Town Council's permission to conduct informational annexation meetings in these areas during the next 90 day period. TOWN MANAGER 411k • RESOLUTION NO. (R) 95-22 A RESOLUTION OF THE TOWN OF ORO VALLEY, ARIZONA, AMENDING THAT DOCUMENT KNOWN AS THE "TOWN OF ORO VALLEY POLICY FOR THE ANNEXATION OF UNINCORPORATED LAND" AND MAKING SUCH DOCUMENT A PUBLIC RECORD; AND RESCINDING RESOLUTION NO. (R)93- 18 WHEREAS, the Townhas, in past,of Oro Valley the annexed unincorporated areas into the town limits, and Mayor and Council desire to update and revise the policy of established guidelines for WHEREAS, the y p future annexations to ensure that anysuch annexations will be logical, practical, financially feasible and 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 Valley Policy for the Annexation of Unincorporated Land" dated May 5, 19 9 5which is attached herewith and labeled as "Exhibit A", three copies of which are the file in t e office of the Town Clerk, is hereby adopted, declared to be a public record, and said copies are ordered to remain on file with the Town Clerk. That this resolution shall supersede Resolution No. 93-18, which adopted a previous annexation policy, and Resolution No. 93-18 is hereby rescinded. /7 Valle Arizona this � day AND ADOPTED by the Mayor and Council of the Town of Oro y, of May , 1995. _ E<VIC'41)2-<-k_ Cheryl Skalj y, Mayor ATTEST: Cuzcia--; Kathry r . Cuvelier, Town Clerk APPROVED AS TO FORM: Tobin Sidles, Town Attorney 1/1 IIP EXHIBIT A Town of Oro Valley Policy for the Annexation of Unincorporated Land May 5, 1995 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 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. MINUTES OF THE ORO VALLEY TOWN COUNCIL STUDY SESSION ORO VALLEY TOWN COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE MARCH 26,2001 CALL TO ORDER: 7:05 p.m. ROLL CALL: Paul Loomis,Mayor Fran La Sala, Vice Mayor Dick Johnson, Council Member Werner Wolff, Council Member EXCUSED: Bart Rochman, Council Member DISCUSSION OF ANNEXATION POLICY Town Manager Chuck Sweet explained that the current annexation policy has been in place since 1995. He stated that the annexation planning area is based on the Town's General Plan Boundaries. He stated that since the Casas Adobes Incorporation election held on March 13th he has received calls from residents living in the proposed Casas Adobes area that have expressed interest in being annexed into Oro Valley. He said he is looking for Council direction and future action regarding how to respond to unincorporated areas interested in annexation. Council Member Johnson stated that one of the desired goals should be to square off the boundaries from the north to the current southern boundary and to look at what is the interest level of those living in the Casas Adobes area. He suggested that from a staff view point it would be wise to start gathering data such as population, economic impact areas, etc. in those areas. He stated that it should be beneficial to the property owners and also to the Town. He pointed out that one major factor is that in the urbanized areas we are losing a lot of state shared revenues for the region. He felt that Shannon Road becomes a natural boundary because of the school district boundaries between Marana and Amphi. In answer to a question by Mayor Loomis regarding whether or not residential annexations pay for themselves, Mr. Sweet replied that normally the older neighborhoods have poor roads and drainage improvements that require maintenance. The Town would "break even" at best. Mr. Sweet agreed with Mayor Loomis that if commercial areas are annexed with neighborhoods, than that will make a more positive financial picture for the Town. Mr. Sweet showed the Town's current southern boundary and stated that one citizen he talked with lives just north of the Magee/Northern area and the other lives north of Ina Road, east of La Cholla. Mayor Loomis pointed out two restrictions on annexations that are the most challenging to him: 03/26/01 Minutes,Town Council Study Session 2 • It has to be contiguous on the existing Oro Valley borders. • Length and width cannot be twice as long as it is wide. (Twice whatever the width is, that is how deep you can go). Vice Mayor La Sala stated that one of the issues being considered by the Fire Advisory Board is fire flow, ISO ratings and water hydrants. He pointed out that if the Town expands beyond our current water boundaries,we may be dealing with issues we cannot control. Through annexation, we may be violating our own issues,which may increase the cost of our fire service. He pointed out two issues the Council will have to deal with: • Is the Council ready to accept those standards from the Fire Advisory Board. • How will the Town pay for the water system that may be in the annexed area to gain control over our own destiny. Vice Mayor La Sala stated that one issue that seems to be the biggest with the Fire Advisory Board is that within 10 years the Town obtains an ISO rating of 4. He stated water is 50% of that rating number. He urged the Council to keep in the forefront what the Council accepts from one Board before we start thinking about what we will do in the future. Council Member Johnson recommended that when staff does their analysis, all the issues that deal with how we would provide service to those areas should be included. Mayor Loomis asked that an element for infrastructure be added for any annexation analysis that would identify: • Water Company impact • Parks &Recreation • Police • Roads • Impact on Sign Code Council Member Wolff pointed out that several people have also approached him about annexation,but he stated that we need to make sure that any annexations we do won't impinge upon services provided to our current citizens. He pointed out that if the Town annexes south of Ina Road, the fire service in that area is provided by Northwest Fire District. Then the Town would have 3 fire services to deal with. Council Member Johnson recommended that the staff come back to the Council with a basic recommendation including preliminary economic, population information and any concerns they may have. Mayor Loomis stated at this point,he doesn't hear any negative thoughts about the current planning area approved by previous Councils as potential future annexation areas. He pointed out that the Town will be in The General Plan Update Process soon. One of the first elements will be developing the land use map and planning areas, which the Council will have an opportunity to review. He stated that as general guidelines, anything in the planning area should be considered. 03/26/01 Minutes,Town Council Study Session 3 In answer to a question by Mr. Sweet, Town Attorney Dan Dudley stated that once the decision was entered by the Court of Appeals, Oro Valley was permitted to do anything in reliance of that decision. However, that would not prevent the Attorneys for Casas Adobes or Tortolita from attempting to seek a stay of our action. Council Member Johnson stated that we are thinking about annexations, but we are not in a predatory viewpoint. Mayor Loomis stated the initial guideline is to look at filling out and squaring off the Town boundaries and that the southern boundary poses a significant challenge. From his point of view, a residential annexation may help to square off the boundaries. PRESENTATION OF FUTURE ORACLE ROAD IMPROVEMENTS (PHASE 1, 2 AND 3) Martin Roush, Transportation Planner for Public Works, reviewed the future plans for improvements on Oracle Road. He explained the acceleration strategy Public Works is planning for the Oracle Road improvements from Calle Concordia north to Rancho Vistoso Boulevard. Mr. Roush explained that the considerations in this proactive approach include acceleration, funding strategy and construction sequencing. He stated that from the acceleration perspective, one approach utilizes the HELP Loan program. From a funding perspective, the strategy includes commercial development paying their fair share of the cost, such as the Oracle Road Improvement sequence impact The basic construction strategy is to complete the construction se q with the minimum on the community and impacted businesses. Mr. Roush pointed out that going through the ADOT standards and the STP federal process is arduous with tough environmental requirements. Council Member Johnson encouraged Public Works to discuss with ADOT the possibilityof "fast fast tracking"these improvements. Mayor Loomis expressed the importance of taking a proactive approach. Mr. Roush explained that the ADOT standards for landscaping along Oracle Road is minimal. Mayor Loomis suggested that maybe at the design phase, Oro Valley may be given an opportunity to provide input. Richard Underwood, 10945 N. Pomegranate Drive. Mr. Underwood urged the Town to encourage ADOT to design an attractive roadway since it is part of the Scenic Corridor. Mayor Loomis recessed the meeting at 8:00 p.m. Meeting resumed at 8:10 p.m.