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AGENDA
ORO VALLEY PLANNING AND ZONING COMMISSION
STUDY SESSION - TRAINING WORKSHOP
January 29, 2019
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CAÑADA DRIVE
STUDY SESSION AT OR AFTER 6:00 PM
CALL TO ORDER
ROLL CALL
AGENDA
1.DISCUSSION REGARDING THE ROLE AND RESPONSIBILITIES OF THE PLANNING AND ZONING
COMMISSION
ADJOURNMENT
**Please note: there will be no public comment during this training workshop.
POSTED: 1/25/19 at 5:00 p.m. by pp
When possible, a packet of agenda materials as listed above is available for public inspection at least 24 hours prior
to the Commission meeting in the Town Clerk's Office between the hours of 8:00 a.m. – 5:00 p.m.
The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If any person with a disability needs
any type of accommodation, please notify the Town Clerk’s Office at least five days prior to the Commission meeting
at 229-4700.
INSTRUCTIONS TO SPEAKERS
Members of the public have the right to speak during any posted public hearing. However, those items not
listed as a public hearing are for consideration and action by the Commission during the course of their
business meeting. Members of the public may be allowed to speak on these topics at the discretion of the
Chair.
If you wish to address the Commission on any item(s) on this agenda, please complete a blue speaker card located
on the Agenda table at the back of the room and give it to the Recording Secretary. Please indicate on the
speaker card which item number and topic you wish to speak on, or if you wish to speak during “Call to
Audience,” please specify what you wish to discuss when completing the blue speaker card.
Please step forward to the podium when the Chair announces the item(s) on the agenda which you are interested in
addressing.
1. For the record, please state your name and whether or not you are a Town resident.
2. Speak only on the issue currently being discussed by the Commission. Please organize your speech, you will only
be allowed to address the Commission once regarding the topic being discussed.
3. Please limit your comments to 3 minutes.
4. During “Call to Audience”, you may address the Commission on any issue you wish.
5. Any member of the public speaking must speak in a courteous and respectful manner to those present.
Thank you for your cooperation.
“Notice of Possible Quorum of the Oro Valley Town Council, Boards, Commissions and Committees: In accordance
with Chapter 3, Title 38, Arizona Revised Statutes and Section 2-4-4 of the Oro Valley Town Code, a majority of the
Town Council, Board of Adjustment, Historic Preservation Commission, Parks and Recreation Advisory Board,
Stormwater Utility Commission, and Water Utility Commission may attend the above referenced meeting as a
member of the audience only.”
Planning & Zoning Commission 1.
Meeting Date:01/29/2019
Requested by: Bayer Vella, Community and Economic Development
Case Number: NA
SUBJECT:
DISCUSSION REGARDING THE ROLE AND RESPONSIBILITIES OF THE PLANNING AND ZONING
COMMISSION
RECOMMENDATION:
This report is for informational purposes only. No action will be taken.
EXECUTIVE SUMMARY:
The purpose of this report is to provide the Planning and Zoning Commission with the following information:
The roles and responsibilities of the Planning and Zoning Commission and Town staff1.
Types of reviews and processes, including legal parameters2.
Additional resources and training opportunities3.
This report is for informational purposes only.
BACKGROUND OR DETAILED INFORMATION:
1. Roles and Responsibilities:
The Planning and Zoning Commission advises Town Council on an array of planning and zoning items (for
specifics, see Section 21.3). As stewards of the Commission, staff is responsible for administrative tasks such as
scheduling meetings and taking minutes as well as reviewing all applications for code compliance and providing
recommendations to the Commission.
The Planning and Zoning Commission members are responsible for meeting the following minimum expectations:
Attend meetings- Commission members should attend as many meetings as possible to maintain a quorum.
When a Commissioner is unable to attend, he/she should contact staff for an excused absence.
1.
Be prepared- Commission members should review the packet of materials prior to the meeting and attend
neighborhood meetings when available. Additionally, Commission members are encouraged to contact staff
with questions or concerns. Staff's duty is to help provide the information necessary for
informed decision-making.
2.
Practice transparency- Commission members should actively listen to all participants and engage in
meeting discussions prior to making a decision. Once a vote is made, Commission members should
articulate the reasoning behind their decision to maintain transparency with the general public, applicant and
staff.
3.
For additional tips on conducting sucessful meetings, please see Attachment 1. Planning and Zoning Commission
members should also review and adhere to the Parlimentary Rules and Procedures and the Code of Conduct
adopted by Town Council (see Attachment 2).
2. Types of Reviews and Processes:
The Commission reviews both discretionary and quasi-discretionary cases.The types of cases the Planning and
Zoning Commission will consider are listed below, along with their applicable code sections.
Discretionary cases involve an applicant asking for entitlements not currently granted to them. As such, the
Town has the authority to approve, approve with conditions or deny the applicant's request so long as the
denial is not arbitrary and capricious. The focus of review for discretionary cases is on compatibility to
surrounding areas, conformance with the Your Voice, Our Future General Plan and code compliance.
General Plan Amendments - change the land use designation of a property (Section 22.2).
Rezoning and Zoning Code Text Amendments - change the zoning for a property or zoning code
provisions (Section 22.3).
Conditional Use Permits - allow a use that requires further review for compatibility to the surrounding
area (Section 22.5).
Quasi-discretionary cases involve an applicant developing under entitlements legally granted through the
existing zoning. The focus of review for quasi-discretionary cases is based on design and code compliance
rather than the use or permitted zoning standards (i.e. height).
Conceptual Design Review cases focuses on the design of a project (site plan, landscaping and
architecture) that utilizes the existing and entitled zoning standards (Section 22.9).
Other minor cases such as signs, home occupations and communication facilities.
The Planning and Zoning Commission will either provide a recommendation or act as the decision-making body
for the aforementioned cases. For a complete list of cases and the decision-making authority, please see
Attachment 3.
3. Additional Resources and Training:
Periodically, Town staff will provide study sessions to assist the Planning and Zoning Commission with their tasks.
Additionally, the Planning and Zoning Administrator and staff are available to answer questions, hear concerns and
provide one-on-one training.
Lastly, staff has requested funding to send interested Commissioners to other formal trainings. This includes but is
not limited to the Arizona Chapter's Planning Association Conference (occurring in October at the Hilton El
Conquistador) and the annual Boards and Commission Conference in Phoenix.
FISCAL IMPACT:
N/A
SUGGESTED MOTION:
This report is for informational purposes only.
Attachments
ATTACHMENT 1- TIPS FOR SUCCESSFUL MEETINGS
ATTACHMENT 2- PARLIMENTARY RULES & PROCEDUCRES AND CODE OF CONDUCT
ATTACHMENT 3 - TABLE OF AUTHORITIES
TIPS FOR EFFECTIVE MEETING PARTICIPATION
Be sure to study the entire packet of information before the meeting.
Visit sites and facilities that have a bearing on agenda items.
Contact staff before the meeting if you have any questions or concerns.
Arrive at least 5 minutes before the start of the meeting.
Call the Chairman or the staff liaison if you are unable to attend a meeting or
if you know you will be arriving late to the meeting.
Discourage disruptive side conversations.
Do not get up or walk around while the meeting is in session.
Be sure to ask questions if you do not understand what is said.
Listen to your colleagues.
Treat colleagues and staff with respect.
Do not bait or put down colleagues, staff or public participants.
Be sure to compliment colleagues and staff when appropriate.
Do not read or shuffle papers when others are speaking.
Seek approaches that will move the group to a decision.
Do not come to the meeting with your mind made up.
Try not to take conflict personally.
“I like to listen.
I have learned a great deal from listening carefully.
Most people never listen.”
Ernest Hemingway
The 4 Cs for Successful Public Hearings
1. Commitment – attend and participate and
become well enough informed to make intelligent
decisions.
2. Communication – communicate effectively. Go
through the chair and follow procedures
consistently. Do not interrupt presentations until
question time unless absolutely necessary to
clarify something.
3. Courtesy – show courtesy to all public speakers.
Be attentive – no sidebars or rustling papers.
You are public officials, so make a good
impression for your town government. You might
be the first contact that some people have with
the Town so you should help create a favorable
lasting impression.
4. Consistency – consistent procedure goes a long
way in assuring due process and gaining respect
from the affected public.
The Riggins Rules
Suggested Do’s and Don’ts for the Conduct of Public Hearings and the Deportment
of Members of Boards, Commissions & Other Bodies.
1. Don’t accept an appointment or nomination to a Board, Commission, or Council
unless you expect to attend 99.9999 percent of the regular and special
meetings, including inspection trips, briefings and public functions where your
presence is expected. If your participation fails below 85 percent during any 6
month period, you should tender your resignation. You aren’t doing your job.
You aren’t keeping well enough informed to make intelligent decisions, and you
are making other people do your work for you and assume your not
inconsiderable responsibility. Your effectiveness and the regard given to your
opinions by other members will be in direct ratio to your attendance.
2. Do create a good impression of city government. Remember that this is the first
important contact that many of the people in the audience have had with the
administration of their city and for some, this is the most important matter in
which they have ever been involved. Many will never be back again and many
will never have another such contact and experience. Your performance will
create in their minds the picture, which they will always carry with them of "the
way the city is run." Make it as pleasant and comforting a picture as possible.
3. Do be on time. If the hearing scheduled at 7:30, the gavel should descend at
the exact hour, and the bearing begun, if there is a quorum. If you have to wait
ten minutes for a quorum and there are 100 people in the room, the straggler
has wasted two full working days of someone’s time besides creating a very
bad beginning for what is a very important occasion for most of those present
4. Don’t dress like a bum. Shave, wear a tie and remember that a coat is never
out of place. The people in the audience think you are a very important person.
Don’t disappoint them by your appearance, conduct, and attitude.
5. Don’t mingle with friends, acquaintances, unknown applicants or objectors in
the audience before the meeting & during a recess period, if it can be politely
avoided. You will invariably create the impression with the uninformed that
there is something crooked going on, especially when you vote favorably on the
case of the applicant you were seen conversing with. When the other fellow’s
case comes up and you deny it, he says, "Well, it’s easy enough to see that
you’ve gotta know the right people if you ever expect to get anywhere around
here." Save your socializing for some other time and place.
6. Don’t discuss a case privately and as a single member of a body with an
applicant or objector prior to the filing and prior to the hearing if it can be politely
avoided. In the event that it is not avoidable, and many times it is not, be very
non-committal, don’t be too free with advice and by all means explain that you
are only one member of the body. That you have not had an opportunity to
study the matter thoroughly, that you have not seen the st aff recommendation,
and that you have no way of knowing what opposition there may develop or
what will occur at the public hearing. Be certain that the person concerned
understands that you cannot commit yourself in any manner, except to assure
him that he may expect a fair and impartial hearing. Even if the case looks
pretty good to you it is wise to be pessimistic about the chances of securing
approval. If you give him encouragement and any advice and he is then denied,
he will hate you until your dying day and tell everyone in town that he did just
exactly what you told him to do and then, like a dirty dog, you voted against
him.
7. Do your homework. Spend any amount of time necessary to become
thoroughly familiar with each matter which is to come befo re you. It is grossly
unfair to the applicant and to the City for you to act on a matter with which you
have no previous knowledge or with which you are only vaguely familiar. And
you will make some horrible and disturbing decisions.
8. Don’t indicate by word or action how you intend to vote during the portion of the
hearing devoted to presentations by the applicant, presentations by any
persons appearing in objection, and comments by members of the staff. During
this period your body is the judge and the jury and it is no more appropriate for
you to express an opinion as to the proper decision, prior to hearing all of the
testimony, than it would be for a judge or any member to announce his firm
conviction in the middle of a court trial regarding the gui lt or innocence of the
defendant. This is not clearly understood by a majority of persons sitting on
hearing bodies. It is not too difficult to phrase one’s questions or comments in
a manner that implies that you are seeking information rather than statin g an
irrefutable fact and that your mind is closed to father argument . One does not
say, "I happen to know that the applicant has no intention of placing an
apartment building on this site. In fact, it has been sold subject to zoning and
the purchaser intends to put a mobile home park here if he can get a special
permit." Rather than this, one could say, "We have been furnished with some
information which indicates that perhaps your plans are not too firm regarding
the development you propose. In fact, there are some who are concerned
about a rumor that the property is being sold and that the new owner planned to
put a mobile home park at this location, if he can secure the necessary permit.
Would you care to comment on this concern of the neighborhood and tell us if
there is any truth in this rumor?" The same result is accomplished, the
information is brought out and made part of the public record and you don’t look
as if you are leading the attack to secure the defeat of the applicant’s request.
9. Don’t fail to disqualify yourself if either directly or indirectly you have any
financial interest in the outcome of the hearing, and let your conscience be your
guide where it could be said that moral, ethical, political, or other
considerations, such as personal animosity, would not permit you to make a fair
and impartial decision. In disqualifying yourself, do not state your reasons
inasmuch as the mere statement of your reasons can be construed as exerting
influence on your fellow members. To avoid all accu sations of undue influence,
it is generally wise to leave the room and ask that the record show that you did
so and that you did not indicate by word or action whether you were in favor of,
or opposed to, the matter under discussion.
10. Do rotate the seating in some regular manner each successive meeting to
prevent a "strong" member from gradually dominating a "weak" and indecisive
member always seated next to him. This will also prevent the forming of little
cliques or a not infrequent grouping of members to the left of the Chair who
always oppose those to the right of the Chair, regardless of the merits of the
case, to the great detriment of the applicant, the City and other interested
parties.
11. Do be polite and impartial. Be as helpful as possible to the nervous, the
frightened and the uneducated, and patient with the confused.
12. Do be attentive. Those appearing before you have probably spent hours and
hours rehearsing their arguments. The least you can do is listen and make
them think that you are as interested as you should be. Refrain from talking to
other members, passing notes and studying unrelated papers.
13. Don’t interrupt a presentation until the question period, except for very short
and necessary clarifying remarks or queries. Most applicants have arranged
their remarks in a logical sequence and the thing about which you are so
concerned will probably be covered if you force yourself to be quiet for a few
minutes. You can wreck his whole case by a long series of unnecessary
questions at the wrong time. He will be your enemy forever.
14. Don’t permit more than one person at the podium or microphone at any one
time.
15. Don’t permit a person to directly question or interrogate other persons in the
audience. All questions should be addressed to the Chair and to the hearing
body. When this person has finished his discussion and stated the questions to
which he would like to have answers, then the Chair will permit those who care
to make an answer to come forward and do so, but only vo luntarily. Do not
permit anyone to demand answers to all and sundry questions, especially if it is
obviously done for the purpose of harassment
16. Don’t use first names in addressing anyone at all during the course of the
hearing. This includes audience, applicants, members of your particular body,
even if the person concerned is your brother or your best friend. Nothing,
repeat nothing creates a more unfavorable impression on the public than this
practice. It is poor "hearing manners," destroys the formality of the occasion,
and makes the uninformed certain that some sort of "buddy -buddy deal" is
about to be consummated. If you just can’t bring yourself to call someone Mr. or
Mrs., use the third person form and call him "the applicant," or "the person w ho
is objecting," or "the gentleman (or lady)," who is appearing here in connection
with this case.
17. Do show great respect for the Chair, always addressing the Chairman as "Mr.
Chairman," "The Chairman," or "Chairman Jones," and always wait to be
recognized before continuing. This will set an example for applicants and others
wishing to be heard and will contribute a great deal toward the orderliness of
the proceedings.
18. Don’t be critical of attorneys who sometimes feel impelled to give unnecessarily
lengthy presentations on behalf of their clients. Avoid the strong temptation to
make matters as difficult as possible for them. They are just tying to make a
living and must convince their clients that they are really earning the rather
substantial fee which they feel their service merits.
19. Don’t indulge in personalities and don’t permit anyone else to do so.
20. Don’t try to make the applicant or any other person appearing before you look
like a fool by the nature of your questions or remarks. This is often a
temptation, especially when it is apparent that someone is being slightly
devious and less than forthright in his testimony. But don’t do it. If you must
"expose" someone, do it as gently and kindly as possible.
21. Don’t become involved in altercations. Some persons seem to come to
hearings with the express purpose of "telling them guys down there how the
cow ate the cabbage." If you answer their irrelevant rantings, you are
immediately involved in a fight. Don’t answer or try to defend yourself. You are
there to hear testimony and make decisions based thereon, not to head up a
debating society. Remember, you are the judge and jury. In most cases, it is
sufficient to say, "thank you for coming here and giving us the benefit of your
thinking. I am sure that the members of this body will give your remarks serious
consideration when they are making their individual determinations on the
merits of this case. Is there anyone else who wishes to be heard?"
22. Do invite interested parties to come forward where they can see when an
applicant is discussing or talking from a diagram, site plan, or exhibit which is
not visible to the audience.
23. Do not permit people to speak from the audience. If it is important enough for
them to speak at all, it is important for them to be recognized, come forward,
give their name and address, and say what they care to, if their remarks are
pertinent.
24. Do not permit people to leave the podium or the microphone and approach
closer to the hearing body except in unusual circumstances, usually to show a
small exhibit or to explain some detail. This ordinarily breaks down into a small
mumbling session at one end of the dais with one or two members of the
hearing body, the others are uncertain about what is going on . The
conversation usually does not get recorded, cannot be heard by the audience,
and is almost impossible to control from the Chair.
25. Don’t become involved in neighborhood quarrels or wind up as the referee even
if you are a veritable Solomon. No matter how fair or impartial you should be,
both sides will be mad at you. Stick to the merits of the case and rule out -of-
order testimony which is irrelevant, personal hearsay, and not pertinent to the
matter being heard.
26. Don’t be vindictive and "punish’ the applicant for some real or imagined affront
to you or your Body on some previous occasion, perhaps bearing no relation to
the present hearing. It must be assumed that he is there legally, he has a right
to be heard, and he has a right to a fair and impartial hearing on the merits of
his present case without reference to something which he might or might not
have done in the past or will perhaps do in the future.
27. Don’t try to be a hero to beautiful women, little old ladies, widowed mothers with
tiny infants in their arms, and the financially and socially distressed. Be
sympathetic, but objective, and don’t get carried away with such a strong desire
to help that you throw the rule book out the window. Ninety -nine times out of a
hundred you will do them some kind of questionable service at the expense of
their neighbors or the City and your kind-hearted action will come back to haunt
you much sooner than anyone could have imagined. Stick to the rules.
28. Don’t assume the role of fairy godfather to those who have become involved in
bad business deals or other self -imposed difficulties.
29. Do not fail to give a reason when making a motion for approval or denial of an
applicant’s request. If you fail to do this, the applicant, any objectors, a
reviewing body of higher authority, or the courts may well assume that your
decision was an arbitrary one not supported by the facts and should be
reversed. Always mention the staff recommendation.
30. Do not take staff recommendations lightly. These recommendations are made
after much study by professional people with years of experience in their field
and are based on pertinent laws, ordinances, regulations, policies, and
practices developed by you and your predecessors. The recommendations of a
good staff in possession of all the facts will almost always produce a technically
correct recommendation. Your job is to temper this recommendation with
information developed during the hearings, which was not available to the staff.
It is not unusually for the staff to voluntarily reverse or change the details of its
recommendation during the course of a hearing. Always announce the staff
recommendations prior to hearing any testimony and always make appropriate
mention of it in the final decision.
31. Don’t forget that the staff is there to help you in any way possible . It is
composed of very capable professional people with vast experience. Lean on
them heavily. They can pull you out of many a bad spot if you give them a
chance. Or they may just sit and let yo u stew, if you do not give them the
respect, which is their due. Remember that their usual practice is to remain
silent unless they are specifically asked to comment. Most of them consider it
presumptuous and unprofessional to inject any unsolicited commen ts into the
hearings. Always ask them to comment prior to the final vote.
32. Don’t try to answer technical questions even if you are sure that you brow the
answer. You probably don’t and will wind up looking like a fool. Refer these
matters to the staff. That is one of the things they are there for. They have
intimate day-by-day working experience with all the pertinent ordinances and
can nearly always give a timely, up -to-the-minute, professional dissertation on
any subject in their field. And besides, it makes them feel more important and
helps create an image of competency, which is most helpful in assuring the
public that their case has received more than a cursory glance and an arbitrary
decision. Lay members of a hearing body who "explain" ordinanc es to the
audience usually wind up their less than accurate remarks with the pretty lame
comment, "That’s the way I understand it and if I am wrong, I would appreciate
it if the staff would correct me." The staff usually does correct them, and
ordinarily at some length. Don’t try to show how smart you are because you’re
not.
33. Don’t try to ease your conscience and toss the applicant a bone by granting him
something less than he asked for, something he doesn’t want, and something
he can’t use. In all cases where it is appropriate, give him what he asked for or
deny it. To do otherwise will only encourage applicants to ask for the "moon
and the stars" in the hope that they will, at the worst, get the minimum
requirements. A reputation for approving or denying applications as filed will
result in much more realistic requests and make your job much easier.
34. Do vote by roll call, except for routine administrative matters. This is wonderful
character training for each member of the body and emphasizes the "moment
of truth" when he must look the applicant in the eye, make his own individual
decision, and say "aye" or "nay" in a loud clear voice, all alone, with no one to
hide behind. The alternate voting method is difficult for the Secretary to record,
doesn’t mean anything on a tape recording, is many times quite confusing and
gives cowards an opportunity to change their minds and vote twice when they
are caught in the minority.
35. Don’t show any displeasure or elation, by word or action, over the outcome of a
vote. This is very bad hearing manners and won’t lead to the maintenance of a
friendly cooperative spirit among members of the Body. It will lead to the
creation of little cliques whose members vote in a block and become more
interested in clobbering each other than in making fair and equitable decisions.
36. Do discourage any post-mortem remarks by applicants, objectors, or members
after the final vote and decision are announced, especially those afterthoughts
designed to reopen the case. It will invariably result an unpleasant wrangle.
Just say, "I’m sorry, but the final decision has been made. If you wish to submit
additional testimony, it will be necessary for you to state your reasons by letter
and the Body will decide at a subsequent meeting wh ether or not they wish to
reopen the case. The next case on the agenda will be ______________."
37. Do not hesitate to continue a case or take it under advisement if more
information or greater deliberation is truly necessary, but do not use these
administrative actions merely to avoid or delay making a decision before a
hostile applicant or audience.
38. Do sit down and have a long soul searching session with yourself if you find
you are consistently "out in left field," that no one seems inclined to s econd
your profound motions, and that you are quite often a minority of one. You
might be theoretically right, and probably are, but give some thought to what is
practical, and just. Don’t be "stiff-necked" in your opinions. Give a little.
39. Don’t select chairmen on a seniority basis alone and don’t pass the office along
from member to member as a reward and honor. The nicest guy in the world,
the hardest working, the most interesting and your most valuable member can
be indescribably horrible in the Chair. This is just one of those facts of life which
is hard to explain, but unfortunately, all too true.
Written in 1967 By Fred Riggins
Former Chairman of the Phoenix, Arizona Planning Commission
TOWN OF ORO VALLEY,
ARIZONA
TOWN COUNCIL
PARLIAMENTARY
RULES & PROCEDURES
AND
CODE OF CONDUCT
Last Amended: 12/5/18
TOWN OF ORO VALLEY, ARIZONA
TOWN COUNCIL
PARLIAMENTARY RULES & PROCEDURES
AND
CODE OF CONDUCT
TABLE OF CONTENTS
1
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…………………………………………………………………………………………2
2.3 COUNCIL PACKET……………………………………………………………………………..2
2.4 MEETINGS……………………………………………………………………………………….3
2.5 NEWSPAPER……………………………………………………………………………..……..3
2.6 NOTICE…………………………………………………………………………………………...3
2.7 ORDINANCE………………………………………………………………...………………..…3
2.8 QUORUM…………………………………………………………………………………………3
2.9 RESOLUTION………………………………………………………………………………..…..4
SECTION 3. PRESIDING OFFICER .............................................................................................. 4
3.1 MAYOR ............................................................................................................................. 4
3.2 SUSPENSION OF RULES ................................................................................................ 4
SECTION 4. MEETINGS…………… .............................................................................................. 5
4.1 REGULAR MEETINGS ..................................................................................................... 5
4.2 ADJOURNED MEETINGS ................................................................................................ 5
4.3 SPECIAL MEETINGS ....................................................................................................... 5
4.4 STUDY SESSIONS ........................................................................................................... 6
4.5 EXECUTIVE SESSIONS ................................................................................................... 6
4.6 EMERGENCY MEETINGS ............................................................................................... 7
4.7 MEETINGS TO BE PUBLIC .............................................................................................. 8
4.8 MINUTES OF COUNCIL MEETINGS ............................................................................... 8
SECTION 5. NOTICE AND AGENDA ........................................................................................... 9
5.1 PREPARATION AND POSTING NOTICES ..................................................................... 9
5.2 AGENDAS ........................................................................................................................ 9
SECTION 6. DUTIES AT MEETINGS ...................................................................................... 10
6.1 MAYOR ........................................................................................................................... 10
6.2 TOWN CLERK ................................................................................................................ 10
6.3 SERGEANT-AT-ARMS .................................................................................................. 11
SECTION 7. ATTENDANCE REQUIREMENTS ...................................................................... 11
7.1 COUNCILMEMBERS ..................................................................................................... 11
SECTION 8. PROCEDURES FOR MEETINGS ....................................................................... 11
8.1 CALL TO ORDER ........................................................................................................... 11
8.2 ROLL CALL .................................................................................................................... 11
8.3 AGENDA ORDER ........................................................................................................... 11
8.4 APPROVAL OF MINUTES/ABSTENTIONS .................................................................. 12
8.5 CALL TO THE AUDIENCE ............................................................................................. 12
8.6 PUBLIC INPUT AT NON-PUBLIC HEARINGS…………………………………………….12
8.7 COUNCIL COMMUNICATIONS……………………………………………………………...12
8.8 ORDER OF PRESENTATION……………………………………………………………..…13
8.9 TOWN MANAGER, COUNCIL, AND STAFF REPORTS…………………………………13
8.10 FUTURE AGENDA ITEMS……………………………………………………………………13
SECTION 9. PUBLIC HEARING PROCEDURE ...................................................................... 13
9.1 AGENDA PROCEDURE FOR PUBLIC HEARING ........................................................ 13
SECTION 10. DISCUSSION AND VOTING PROCEDURES ................................................. 15
10.1 QUORUM ........................................................................................................................ 15
10.2 CONFLICTS OF INTEREST ........................................................................................... 15
10.3 GETTING THE FLOOR ................................................................................................... 15
10.4 INTERRUPTIONS ........................................................................................................... 16
10.5 MAKING AND SECONDING A MAIN MOTION…………………………………………....15
10.6 AMENDMENTS TO A MAIN MOTION……………………………………………………....16
10.7 CALLING THE QUESTION…………………………………………………………………...16
10.8 TAKING THE VOTE…………………………………………………………………………...16
10.9 ANNOUNCING THE RESULT OF THE VOTE……………………………………………..17
10.10 TIE VOTES……………………………………………………………………………………...17
10.11 ORDINANCE EMERGENCY CLAUSE………………………………………………………17
SECTION 11. MOTIONS……….. ............................................................................................ 17
11.1 RECONSIDERATION OF MOTIONS ............................................................................. 17
11.2 MOTIONS TO ADJOURN…………………………………………………………………….18
11.3 MOTION TO RECESS………………………………………………………………………...18
11.4 MOTIONS WITH A FIXED TIME TO ADJOURN…………………………………………..18
11.5 MAIN MOTIONS……………………………………………………………………………….18
SECTION 12. CONFLICT OF INTEREST ............................................................................... 18
12.1 INTRODUCTION ............................................................................................................. 18
12.2 PURPOSE OF CONFLICT OF INTEREST LAWS .......................................................... 19
12.3 THE ARIZONA CONFLICT OF INTEREST LAW ........................................................... 19
12.4 SUBSTANTIAL INTEREST ............................................................................................ 19
12.5 REMOTE INTERESTS .................................................................................................... 20
12.6 RESTRICTIONS ON CONTRACTS FOR SUPPLIES OR SERVICES ........................... 21
12.7 DISCLOSURE OF INTEREST ........................................................................................ 21
12.8 WITHDRAWAL FROM PARTICIPATION ....................................................................... 22
12.9 RULE OF IMPOSSIBILITY (CONFLICT OF THE MAJORITY) ...................................... 22
12.10 IMPROPER USE OF OFFICE FOR PERSONAL GAIN .................................................. 22
12.11 SANCTIONS FOR VIOLATIONS .................................................................................... 22
12.12 NON-STATUTORY CONFLICTS OF INTEREST ........................................................... 23
SECTION 13. CODE OF CONDUCT…………………………………………………………………23
13.1 COMPETENT REPRESENTATION………………………………………………………….23
13.2 ARIZONA OPEN MEETING LAW…………………………………………………………...23
13.3 CONFIDENTIALITY……………………………………………………………………………24
13.4 POLITICAL SYSTEM………………………………………………………………………….24
13.5 LEGAL ADVICE……………………………………………………………………………….24
13.6 RESPECT………………………………………………………………………………………24
13.7 COMMUNICATION……………………………………………………………………………24
13.8 WEIGHT OF RULES AND LAWS…………………………………………………………..24
13.9 INFORMATION………………………………………………………………………………..24
13.10 REPRESENTATIVE…………………………………………………………………………..25
13.11 AVAILABILITY………………………………………………………………………………...25
13.12 IMPROVEMENT……………………………………………………………………………….25
13.13 RESPONSIBILITY…………………………………………………………………………….25
APPENDIXES:
A: DISCLOSURE MEMORANDUM………………………………………………………………….26
B: APPOINTMENT PROCESS OF TOWN OF ORO VALLEY VOLUNTEERS TO BOARDS,
COMMISSIONS, COMMITTEES, ADIVOSRY BOARDS AND TASK FORCES…………………27
C: CONSIDERATIONS FOR SERVICE ON TOWN OF ORO VALLEY BOARDS,
COMMISSIONS, COMMITTEES AND OTHER VOLUNTEER BODIES…………………………..30
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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 Councilmembers
review these Rules & Procedures as soon as possible after they take
office and annually thereafter.
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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 Councilmembers at a noticed meeting of the Council.
2.2 COUNCIL
The term Council shall include all members of the Mayor and Council unless
otherwise required by the context of the sentence.
2.3 COUNCIL PACKET
A compilation of documents supporting the items listed on the Agenda and
requiring Council action, which may be used by Council, Staff, and the public for
more in-depth information than may be presented in an oral report. The Packet
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is organized as set forth in Section 5.2(D), Agendas; and is provided or made
available to the Councilmembers according to Section 5.2(C), Agendas.
2.4 MEETINGS
A meeting is the gathering, in person or by technological devices, of a quorum of
the Councilmembers, at which they discuss, propose, or take legal action,
including any 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
2.5 NEWSPAPER
Typically, a daily or weekly paid publication containing recent news, feature
articles, editorials and general advertisements.
2.6 NOTICE
A formal announcement to the public that sets forth the name of the Council,
date, time and place 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.
2.7 ORDINANCE
An ordinance is Council action setting forth a rule of public conduct that is
considered long-term. Long-term rules include zoning issues, annexations,
abandonments, 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.
2.8 QUORUM
A quorum is the minimum number of Councilmembers that must be present in
order for business to be legally transacted.
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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 Councilmembers may be
present at an upcoming social event and/or any other function.
2.9 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 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 Council may suspend the operation of any or all of these Rules &
Procedures, and any or all applicable provision of Robert’s Rules of Order upon
motion, second, and two-thirds vote of the Council. In the event of a conflict
between these Rules & Procedures and Robert’s Rules of Order, these Rules &
Procedures shall govern.
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SECTION 4. MEETINGS
4.1 REGULAR MEETINGS
A) The Council of the Town of Oro Valley shall hold Regular meetings
at or about 6:00 p.m. in the Council Chambers located at the Oro
Valley Council Chambers, 11000 North La Cañada 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
Councilmembers 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 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 Councilmembers,
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 or two (2)
Councilmembers, and notice shall be posted by the Town Clerk at
least twenty-four (24) 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
Councilmembers present.
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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 meetings may be called as provided for in Section
4.3(A). 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 Councilmembers present.
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
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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, Assistant 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), 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.
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 Councilmembers present.
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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 Action Minutes instead of Synopsis 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 shall be recorded by means of audio or video technology,
which will be retained for a period of time 5 years longer than
required by State Statute.
C) All Minutes of the Council are deemed to be Public Records, with
the exception of Executive Session Minutes, which, while they fall
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.
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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 Cañada
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
Cañada 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 Councilmember, with review
of the proposed final agenda by the Town Attorney. The
Councilmember shall be selected by the Council and his/her term
shall last for three (3) months ending with the second Regular
Council meeting of the third month and at which time a new
Councilmember 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
Councilmembers 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.
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
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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
Councilmember. 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
Councilmember in a Point of Order, the Mayor or in the Mayor’s
refusal, the Council, shall issue a verbal warning that such
continued unruly behavior may result in removal from the meeting.
A second verbal warning may result in removal of the offender from
the meeting. In the determination of unruly behavior of any
member of the public by the Mayor, (or Council upon a majority
vote), the Sergeant-at-Arms shall be directed to 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.
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
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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 Councilmembers) 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 COUNCILMEMBERS
It is the duty of the Councilmembers to attend all Council meetings. A vacancy of
office of a Councilmember shall be when there is an absence and ceasing to
discharge the duties of office for a period of three (3) consecutive months, and/or
may be deemed vacant from and after the occurrence of any events described in
ARS § 38-291. The measured time for an absence starts as of the first
unexcused absence from a Council Study Session or meeting missed. Pursuant
to Oro Valley Town Code Section 2-1-4, 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 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.
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8.4 APPROVAL OF MINUTES/ABSTENTIONS
The Town Clerk shall present Minutes to the Council for approval.
Councilmembers 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 Councilmembers 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 Councilmember(s) ______.”
8.5 CALL TO THE AUDIENCE
The Council may make an open Call to the Audience during a public meeting so
those 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
Councilmember. Should any item be addressed to a specific Councilmember, 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
Councilmember 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 Councilmembers 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.
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8.7 COUNCIL COMMUNICATIONS
A Councilmember may ask Staff about a particular issue in the report, but
discussion and action on any item mentioned in a Council Communication may
not be held unless that item is properly placed on the agenda.
8.8 ORDER OF PRESENTATION
The Town Clerk shall introduce each agenda item as it comes to Council for
consideration and/or action. Following the introduction of the agenda item by
the Town Clerk and presentation of Staff reports, the Mayor shall entertain
questions from the Council and, where appropriate, permit public participation.
Next, a motion may be made and a vote may be had as provided for in these
Rules & Procedures.
8.9 TOWN MANAGER, COUNCIL, AND STAFF REPORTS
The Town Manager’s, Council’s, and Staff reports may be in writing or oral in
accordance with the Arizona Open Meeting Law. Any Councilmember may ask
the Town Manager, Councilmember, or Staff member about a particular item in
the report, but discussion and action on any item mentioned in the report may not
be held unless that item is properly placed on the agenda.
8.10 FUTURE AGENDA ITEMS
Any Councilmember may request that an item be placed on a future agenda by
contacting a member of the Agenda Committee. This provision applies to the
Mayor and Councilmembers. However, if two (2) or more Councilmembers
request that an item go on the agenda, then it shall be put on the agenda if it is
submitted to the Agenda Committee twelve (12) days before the Council meeting
date.
SECTION 9. PUBLIC HEARING PROCEDURE
9.1 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 normal procedure for Public
Hearings shall be as set forth hereafter.
A) The agenda item shall be called by the Town Clerk as any other
agenda item.
B) Staff shall have an opportunity to report on the issue and answer
questions by the Council.
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C) 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. All documents shall have
sufficient copies so that Councilmembers 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 Councilmember 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 Councilmembers 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. Such person
may be chosen in one of the following manners:
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1) The Council may ask that, if more than one person spoke on
an issue, they decide among themselves to have one person
present a rebuttal to the proponent’s summation. If the
group can not agree on one spokesperson, then there will be
no rebuttal from the public on that issue.
2) At the discretion of the Mayor and Council.
I) The agenda item will then be discussed and action taken as on any
other agenda item.
SECTION 10. DISCUSSION AND VOTING PROCEDURES
10.1 QUORUM
It will be necessary for a quorum to be present in order for the Council to
consider or act upon any business. A quorum shall consist of a majority of the
Councilmembers. 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 Councilmember 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 Councilmember 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 Councilmember shall then leave the room and shall
refrain from taking any part in the discussion, consideration, or determination of
that issue and the Councilmember 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
Councilmember shall not discuss the matter with any other Councilmember until
the matter is finally resolved. The Councilmember who declared the conflict may
return to his/her seat when that agenda item is completed.
10.3 GETTING THE FLOOR
Every Councilmember desiring to speak shall address the Mayor, and upon
recognition by the Mayor, shall confine himself/herself to the question under
debate.
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10.4 INTERRUPTIONS
When an individual has been given the floor, that Councilmember 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
In the majority of Town Council actions, motion(s) should be made in the
affirmative. 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 Councilmember who made the motion may ask that
his/her motion be amended. If the Councilmember 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 Councilmember 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 Councilmember who made the motion may
ask that his/her motion be withdrawn. The motion will be withdrawn
only in the event that the Councilmember 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 Councilmember wishes to
continue the discussion, the question that should be raised by that
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Councilmember is a Point of Order. A Point of Order, raised by a
Councilmember, calls upon the Mayor for a ruling and an enforcement of the
rules.
10.8 TAKING THE VOTE
The Mayor shall ask Councilmembers to designate his/her vote by announcing
“aye” or “nay.” If a Councilmember 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.1 If, prior to the vote or after
the vote, any Councilmember requests a Roll Call vote, the Town Clerk shall call
Roll, and each Councilmember shall state his/her vote aloud.
10.9 ANNOUNCING THE RESULT OF THE VOTE
After the vote, the Mayor shall announce whether the motion passed or failed,
and the results of the vote.
10.10 TIE VOTES
In the case of a tie in votes on any motion, the motion shall be considered lost.
10.11 ORDINANCE EMERGENCY CLAUSE
When an ordinance includes an emergency clause, it shall be prepared as
provided by law and it shall become immediately effective. An emergency clause
requires a three-fourths 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
Councilmember 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 Councilmember who was on the prevailing side of the vote. Such
1 If the Council vote is 2-2-1 with a Councilmember abstaining, then the matter would not pass for lack of a
majority. If the Council vote is 2-1-1 with a Councilmember abstaining, then the matter would also not
pass for lack of a majority.
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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.
D. If the motion to reconsider was successful, the Council will continue that
item to a specific date in the future.
11.2 MOTIONS TO ADJOURN
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.
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 and should be phrased in the
positive.
SECTION 12. CONFLICT OF INTEREST
12.1 INTRODUCTION
Occasionally, a Councilmember may find himself/herself in a situation which
requires that Councilmember 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 Councilmember has a “conflict of interest” as defined by
applicable laws. These laws establish minimum standards for the conduct of
Councilmembers 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."
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12.2 PURPOSE OF CONFLICT OF INTEREST LAWS
The purpose of Arizona’s conflict of interest laws is to prevent self-dealing by
Councilmembers and other public officials. The financial interest of
Councilmembers 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 Councilmember 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 Councilmember in such contract, sale or purchase.
B) Any Councilmember 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 Councilmember in such decision.
12.4 SUBSTANTIAL INTEREST
The preceding subsection tells us that disqualification is required where a
Councilmember 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 Councilmember 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 Councilmember should ask
the following questions:
A) Will the decision affect, either positively or negatively, an interest of
the Councilmember or a close relative?
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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 Councilmember.
Although Councilmembers 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 Councilmember 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 Councilmember 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.
B) Landlord/Tenant of a Contracting Party. If a Councilmember or
their close relative is a landlord or tenant of a party contracting with
the Town, the Councilmember has a remote interest in a decision
regarding the contract.
C) Attorney of a Contracting Party. If the Councilmember 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 Councilmember, that Councilmembers interest in the awarding
of the contract is remote.
D) Nonprofit Cooperative Marketing Associations. If a Councilmember
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 Councilmember 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
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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 Councilmember 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
Councilmember 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 Councilmember has a remote interest in
any decision affecting those services.
H) Class Interests. If the Councilmember 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 Councilmember has a remote interest in any
decision affecting the class. For example, if the Council was
considering a decrease in Bed Tax and a Councilmember’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 Councilmember 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 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 Councilmember, 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
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disclosures of substantial interest are made available for public inspection. Any
Councilmember who has a conflict of interest in any decision must disclose that
interest. The Councilmember 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
Councilmembers shall immediately and publicly declare a conflict in matters
which the Councilmember, 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 Councilmember must not communicate
about the matter with anyone involved in the decision making process in order to
avoid the appearance of impropriety. Further, the Councilmember 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 Councilmember shall not discuss the matter with any other
Councilmember until the matter is finally resolved. The Councilmember 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 Councilmember(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 Councilmember 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 § 38-504(C), Councilmembers are prohibited from using or
attempting to use their official position to secure valuable things or benefits for
themselves, unless 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 Councilmember to solicit, accept, or agree to accept any benefit upon
an understanding that his or her vote, opinion, judgment, or other official action
may thereby be influenced. Pursuant to ARS § 38-444, it is a class 6 felony for a
Councilmember 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 Councilmember who knowingly or
intentionally violates any provision of the conflict of interest law may be
charged with a class 6 felony.
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B) Pursuant to ARS § 38-510 (B), a Councilmember 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 Councilmember 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 Councilmember 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 Councilmember is thought to have engaged in self-dealing
through the powers of a Councilmember, and by placing oneself ahead
of the welfare of the Town, the Councilmember lies outside of his/her
official capacity.
12.12 NON-STATUTORY CONFLICTS OF INTEREST
Occasionally, a Councilmember may feel that he/she should ethically refrain from
participation 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 Councilmembers 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 Councilmembers
personal conduct or a conflict of interest set forth by statute. Councilmembers
are expected to weigh these considerations and follow their conscience.
SECTION 13. CODE OF CONDUCT
13.1 COMPETENT REPRESENTATION
Councilmembers shall provide competent representation for Town residents.
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 residents that they
represent.
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13.2 ARIZONA OPEN MEETING LAW
Councilmembers 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. Councilmembers shall only discuss and decide issues at a properly
noticed public meeting.
13.3 CONFIDENTIALITY
Councilmembers 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 Councilmember 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 Councilmember
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
Councilmembers shall demonstrate respect for the political system and for those
who serve it, including other public officials.
13.5 LEGAL ADVICE
Councilmembers shall seek advice from the Town Attorney at any point that a
legal issue arises or where litigation is alleged.
13.6 RESPECT
Councilmembers 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.
13.7 COMMUNICATION
Councilmembers shall communicate openly and honestly with Town residents so
as to instill confidence and trust.
13.8 WEIGHT OF RULES AND LAWS
Councilmembers shall consider the weight of the rules, laws, and ordinances on
the majority of the residents and the long-term effects upon the Town.
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13.9 INFORMATION
All Councilmembers shall be provided equal access to information, documents,
or materials.
13.10 REPRESENTATIVE
A Councilmember 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 sharing viewpoints and Council policy regarding
issues, which will directly affect the Town. Councilmembers 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 decision or viewpoint of
the Council.
13.11 AVAILABILITY
Councilmembers shall be available at reasonable times to Town residents for the
conduct of official Town business.
13.12 IMPROVEMENT
Councilmembers 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 Councilmember has a responsibility to assure that
regulations promulgated by it are in the public interests.
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APPENDIX A
CONFLICT OF INTEREST DISCLOSURE MEMORANDUM
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APPENDIX “B” – amended
APPOINTMENT PROCESS
OF TOWN OF ORO VALLEY VOLUNTEERS
TO
BOARDS, COMMISSIONS, COMMITTEES
ADVISORY BOARDS AND TASK FORCES
In accordance with Oro Valley Town Code Section 2-4-8, the Mayor and Council
may create any Town Board, Commission, Committee, Advisory Boards, or Task
Force (“Board”), standing or special, as it deems necessary. Therefore, the
process surrounding appointments to a Board should be streamlined in order to
facilitate an efficient and courteous appointment as follows:
Advertising: Post calls for applicants at Town hall, in the local newspaper, on
the Town web page, and other appropriate electronic formats, including Town-
sanctioned social media.
Application: Volunteers must complete an application to be considered for
appointment to a Board, which is submitted to the Town Clerk. If the volunteer is
not selected, the application remains in a database for 2 years, which is reviewed
when any vacancies occur depending upon interest of the volunteer as stated in
the application. Those members wanting to be considered for reappointment
must send a letter to the staff representative indicating their interest in
reappointment and include any information that would supplement their
application which is on file with the Town Clerk.
Interview Committee: Following an interview of volunteer applications, the
interview committee makes a determination, and then forwards their
recommendation for appointment/reappointment to the Board before the Mayor &
Council for determination at a regular Town Council meeting. The Interview
Committee Panel consists of Council Liaison, Board Chair (or Vice-Chair if term
of the Chair is due to expire), and Department Director (or Division Manager)
responsible for staff support to that particular Board.
Notification:
New Volunteer Recommended for Appointment: Prospective appointment is
forwarded a copy of the Council Communication naming those volunteers
recommended for appointment along with a personal letter notifying the
prospective appointee of the Council meeting date at which they shall be
recommended for appointment.
New Volunteer Not Recommended for Appointment: The volunteer not chosen
for appointment is forwarded the Council Communication naming those
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volunteers recommended for appointment along with an explanation that their
volunteer application will be kept on file for 2 years.
Current Volunteer Not Recommended for Reappointment: The volunteer not
recommended for reappointment is forwarded the Council Communication
naming those volunteers recommended for appointment along with notification
from the Council Liaison sitting on the Interview Committee explaining the
decision surrounding the recommendation.
Criteria for Appointment: 1) Availability, and 2) Completion or commitment to
complete the Community Academy.
Criteria for Reappointment: 1) Minimum Performance and Attendance, and 2)
Board training in addition to the completion of the Community Academy within
the volunteer’s 2-year term.
Terms: Appointments shall be made for 2-year terms (or 3-year terms when
applicable), and the volunteer shall continue service until reappointed or
replaced. Upon successful completion of a term, the volunteer may be
considered for reappointment without a formal interview with the interview
committee panel. If the volunteer does not wish to be considered for
reappointment, the position becomes open to other applicants.
Term Limits: No volunteer shall serve more than 2 consecutive terms, either 2-
year terms (4 consecutive years maximum) or 3-year terms (6 consecutive years
maximum) depending upon the board. Once a volunteer has completed the
maximum number of terms on a board, the volunteer may not be eligible for
appointment to that board for a period of 1 year following the completion of their
second term.
Appointment of a member to complete the remaining portion of an unexpired
term of a former member shall not be counted against the term limits established
by this section for the newly appointed member.
Concurrent Office: No volunteer shall serve on more than one Standing Board
at any time. A standing Board is that Board appointed by the Council for an
unspecified duration and has regularly scheduled meetings.
Town Employee: Town Employees shall not serve on any standing Board.
Attendance: A vacancy shall be deemed to have occurred upon three (3)
consecutive unexcused absences, or as determined by the individual Board rules
and procedures.
Training: All new volunteers and those seeking reappointment shall commit to
the completion of the Community Academy offered by the Town of Oro Valley,
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and are encouraged to seek out additional training opportunities such as
conferences, seminars and workshops relevant to the subject matter or discipline
of their respective Board. The Town shall make every effort to provide the
logistics and payment for any and all training workshops attended by the
volunteer. The Town Clerk shall monitor compliance with volunteer training
requirements.
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APPENDIX “C”
CONSIDERATIONS FOR SERVICE ON TOWN OF ORO VALLEY BOARDS,
COMMISSIONS, COMMITTEES AND OTHER VOLUNTEER PUBLIC BODIES
Introduction: Members of Town boards, commissions, committees and other
volunteer public bodies (“appointed public bodies”) are appointed by the Town
Council. Council Members are the constituents of the members of the various
appointed public bodies in that such members have been authorized to act as the
agents of the Council for the limited purposes relating to each such appointed
public body. With the exception of the members of the Board of Adjustment,
these members serve at the pleasure of the Council. Board of Adjustment
members are appointed for two-year terms, and may be removed by Council for
“neglect of duty, inefficiency, or misconduct in office.” OVZCR 21.6.D.
1. The general purpose of the appointed public bodies is to serve the
interests of the Town, as a whole, in accordance with the overall direction
established by the Council. It is expected that appointed members will act
consistently with this general principle. Each appointee is also expected to act
within the scope of his or her authority, and act consistently with the Town
Codes, ordinances, resolutions, policies and procedures and applicable federal
and state law including specifically the Open Meeting Law, Public Records Law
and the laws concerning conflicts of interest and financial disclosure.
2. Certain boards, commissions, committees and other volunteer public
bodies primarily advise the Council concerning general matters of interest to the
community at large. An example of this type of appointed public body is the
Parks and Recreation Advisory Board. Other boards, commissions, committees
and other volunteer public bodies regularly handle contested cases. A
“contested case” is a matter or proceeding before a Town board, commission or
boards, commissions, committees and other volunteer public bodies in which
legal interests, rights, duties or privileges of one or more specific parties are
addressed by a decision or recommendation of that appointed public body. An
example of this is the Planning and Zoning Commission. In certain instances
appointed public bodies are part of the Town proceedings for the establishment
or setting rates and fees. Appointees involved in contested cases or participating
in rate or fee setting proceedings, in particular, are expected to act in careful
regard of their responsibilities and these guidelines.
3. It is expected that an appointee will avoid the appearance of partiality or
unfairness as a decision-maker in any matter before the public body of which he
or she is a member. Among the actions that may assist an appointee in avoiding
the appearance of partiality or unfairness are:
Treating all public participants with the same degree of politeness and
formality before and during a meeting, including breaks, to avoid the
impression that some participants may expect special treatment.
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Not meeting with a party or a particular side concerning a “contested case”
outside of the meeting of the public body to avoid the impression that
certain parties have the privilege of special access to promote their
particular interests before the public body. Generally, public meetings are
the proper venue for members of a public body to gather information upon
which to base a decision.
Waiting until all the facts are presented to the appointed public body
before passing public judgment as an individual member. The official
record upon which a decision or recommendation may appropriately be
based is the record of public proceedings, not simply one’s personal back-
ground knowledge.
An appointee removing himself or herself from any particular proceeding
of the appointed public body relating to a matter in which the appearance
of impartiality and fairness has been compromised by activities and/or
public statements of the appointee.
4. It is expected that an appointee who disagrees with fellow public officials,
decisions of the Town Council, Town administration, the decisions of his or her
own public body or the decisions of other boards, commissions, committees and
other volunteer public bodies will do so constructively, based on facts, consistent
with applicable law, and avoiding personal attacks, misleading statements or
unsupported accusations.
5. It is expected that an appointee will respect the proceedings of other
appointed public bodies by:
Addressing members and staff during the meeting through the person who
is chairing the meeting, avoiding the use of first names.
First identifying whether he or she is appearing as a private citizen or is
appearing officially on behalf of the public body of which he or she is a
member.
Avoiding lecturing members of a sister board, commission, committee or
other volunteer public body on their responsibilities and authority as
members of that public body.
Not disrupting the proceedings of another public body by approaching the
dais or staff desk area while the public body is in session, unless invited to
do so by the person chairing the meeting.
First raising any questions or concerns about the decisions or proceedings
of another public body with staff or the chairperson.
6. It is expected that an appointee will be considerate of the fact that the
elected Council Members are ultimately responsible for setting Town policy and
directing its implementation. An appointee may be opposed to a course of action
or decision by Council, or implementation of the same, and still continue to serve
as a member of his or her public body. In the event, however, that an appointee
wishes to actively and publicly oppose a course of action or decision by Council,
or the implementation of the same, then it is expected that the appointee will
F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010
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resign rather than act in public opposition to the administration he or she has
been appointed to serve.
Amended 1/21/04 by Resolution No. (R)04-03
Amended 12/7/05 by Resolution No. (R)05-119
Amended 12/1/10 by Resolution No. (R)10-88
Amended 1/18/12 by Resolution No. (R)12-04
Amended 10/18/17 by Resolution No. (R)17-40
Amended 12/5/18 by Resolution No. (R)18-51
ATTACHMENT 3: TABLE OF AUTHORITIES
Application type PZC TC Description
AMENDMENTS AND REZONING
General Plan Amendments • • Land use or text amendments to the General Plan
Rezoning/PAD Amendments • • Amendments to the Oro Valley Zoning Map or an
approved Planned Area Development
New PAD’s • • Establishment of a new Planned Area Development
Zoning Code Amendments • • Amendments to the Oro Valley Zoning Code
SITE PLAN LAYOUT
Conceptual Site Plan • • A plan which depicts design, layout and circulation of a
development (residential and non-residential)
Conceptual Landscape Plan • • A plan which depicts locations of landscaping and
associated elements (e.g. walls, signs, etc.)
Grading Exception • • A proposal to exceed grading requirements of the Oro
Valley Zoning Code
Final Plats • A legal, recorded document which depicts lot lines,
streets, common areas, easements.
Time Extensions • A request for an extensions of time for an expiring
development plan or site plan
Alternative Parking Ratio • A request for an alternative from the required parking
ratios of the Oro Valley Zoning Code.
DESIGN
Conceptual Architecture –
Model Homes • A proposal depicting the architecture (e.g. elevations,
colors and materials) for a residential project
Conceptual Architecture –
Commercial • • A proposal depicting the architecture (e.g. elevations,
colors and materials) for a non-residential project
Conceptual Public Art •* •* A proposal depicting the proposed public art for a non-
residential project.
SIGNS
Master Sign Program • •
A set of proposed sign standards for a development that
proposes alternative to those set forth in the Oro Valley
Zoning Code to provide latitude to achieve better
design/variety.
PAD Exemptions • •
A request for exemption from a sign guidelines
established as part of the PAD within which the property
is located.
Sign Criteria • A set of proposed sign standards for a development
which meet the Oro Valley Zoning Code
OTHER
Conditional Use Permit • • A permit for conditional uses which require additional
review due to traffic, noise, lighting, etc.
Communication Facility - Tier 1 Administrative Only A communication facility (cellular facility) which is
entirely indiscernible
* Public art applications that implement a Call for Artists process may be administratively approved.
**Reviewed by Town Council when the height of the communication facility (cell tower) exceeds the maximum building
height of the zoning district.
PZC- Planning and Zoning Commission
TC- Town Council
Communication Facility - Tier 2 Minor • •** A facility which is discernible, but has employed stealth
measures to decrease any visual impact
Communication Facility - Tier 2 Major • • A facility which is clearly discernible, with a substantial
visual impact regardless of employed stealth measures
Type I Home Occupations Administrative Only
A business or commercial activity that is conducted from
property zoned for residential use that does not have a
discernible impact on the residential character of the
neighborhood.
Type II Home Occupations • A business or commercial activity that has the potential
for a minor or adverse impact to the neighborhood.