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HomeMy WebLinkAboutOrdinance 2008.15 Amending title 2 of the town code relating to boards and commissionsF. ANN RODRIGUEZ, RECORDER DOCKET:. RECQRDED BY: CML M- PAGE: 391 DEPUTY RECORDER °~ ~I "~9 N0. OF PAGES : 19 1951 AS1 ~~ ~~~d SEQUENCE: 20081290137 SMARA ~ y 07/03/2008 TOWN OF MARANA `t' ~"~ ORDIN 12:54 ATTN: TOWN CLERK '9$~p11Q' 11555 W CIVIC CENTER DR MAIL MARANA AZ 85653 AMOUNT PAID $ 15.00 MARANA ORDINANCE N0.2008.15 RELATING TO BOARDS, COMMITTEES AND COMMISSIONS; ACCEPTING THE RECOMMENDATIONS OF THE SPECIAL COUNCIL TASKFORCE ON ADVISORY COMMISSIONS; AMENDING SECTIONS 2-6-2 AND 2-6-3 OF THE TOWN CODE AND AMENDING THE COMMISSION HANDBOOK AND BYLAWS AND DECLARING AND EMERGENCY. WHEREAS a review of the function, policies and accountability of advisory commis- sions which have been established by the Mayor and Council is in the best interest of the Town of Marana; and WHEREAS a special Council Taskforce on Advisory Commissions was created to re- view staff recommendations and has suggested changes to Title 2 of the Marana Town Code and also to the Commission handbook and bylaws. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. Sections 2-6-2 and 2-6-3 of the Marana Town Code are hereby revised as follows (with deletions shown with ~~ and additions shown with double underlinini?): Section 2-6-2 Application, recommendation, appointment and removal A. Vacancies on new and existing citizen boards, committees and commissions shall be announced on the town's intemet web site with an open invitation so- liciting applications from interested citizens. Additional notices may be pub- lished and posted as directed by the town manager. B. After the announcement is first published ~Ihe town clerk shall receive citizen applications for a minimum of ten working days ' unless an insufficient number of aR cations have been received in which case the town clerk shall continue to re- ceive applications until enough have been received to fill the vacancy or va- cancies. C. No more than twe~r--i~n_days after the ^^^^~~^^°^~°^+ ~..~+ ^ ..c ^^ +h° +^~•~^`c ~^*°~^^+ •••^~ °~*^ ose of the application period. as provided in para- graph Babove, the town clerk shall forward all. applications to the town man- ~ger. D. The town manager and/or one or more individuals appointed by the town manager shall review tFi'e applications, investigate the qualifications of the ap- plicants, and make a recommendation to the town council concerning the ap- pointment. {00009844.DOC / 2} - 1 - 7/1/2008 11:02 AM FJC :gym J E. The town council shall receive the applications and the recommendation at a regularly scheduled public meeting not more than thirty days after the town manager's receipt of the- applications. The town clerk shall mail each citizen applicant notice of the public meeting concerning the appointment. F. At the public meeting conceming the appointment, the town council may do one or more of the following: 1. Interview one or more applicants either in public or in an executive session scheduled for that purpose. 2. Make one or more appointments. 3. Order the solicitation of additional applications. 4. Take applications from the audience. 5. Receive nominations. from members of the town council. 6. Take any other action it deems appropriate. G. Citizen members of boards, committees and commissions shall serve without compensation, except for reimbursement of town-approved necessary and reasonable expenses incurred in accomplishing the purposes of the board, committee or commission. H. A member of any board, committee or commission may be removed from of- fice with or without cause by a majority vote of the entire membership of the town council Section 2-6-3 Terms of office All terms of office for boards, commissions and committees shall be for #eur-1~ years with a maximum of three consecutive terms allowed not to exceed a maxi- mum of six consecutive years, except that the initial terms of office of any new board, commission or committee shall be staggered so that the terms of no more than a simple majority of members ends every two years. SECTION 2. The amended Citizen Advisory Commission handbook and bylaws, at- tached as Exhibits A and B respectively and incorporated herein by this reference are hereby adopted. SECTION 3. IT IS FURTHER ORDAINED that, since it is necessary for the preserva- tion of the peace, health and safety of the Town of Marana that this ordinance become immedi- ately effective, an emergency is hereby declared to exist, and this ordinance shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL F THE TOWN OF MARANA, ARIZONA, this 1st day of July, 2008. i~'Z~-~'°~- Mayor Ed Honea ATTEST: elyn C ronson, Town Clerk {00009844.DOC / 2} APPR~? ED j,, Town TOWN OF MARANA MISSION STATEMENT Our purpose is to .provide our citizens with high-quality and valuable municipal services that will enhance and benefit their lives. We will strive to do this by being responsive and responsible in working with public and private entities. Our goal is fo ensure that Marana remains a safe, stable and attractive community. Town Officials Ed Honea, Mayor Herb Kai, Vice Mayor Russell Clanagan, Council Member Patti Comerford, Council Member Jon Post, Council Member Carol McGon'ay, Council Member Roxanne Ziegler, Council Member Administrative Staff Pncitinn Name Telenhnne Town Manager Mike Reuwsaat 382-1911 Deputy Town Manager Gilbert Davidson 382-1912 Assistant Town Manager Deb Thalasitis 382-1906 Town Attorney Frank Cassidy 382-1940 Town Clerk Jocelyn Bronson 382-1960 Chief of Police Terry Tometich 382-2000 Planning Director Kevin Kish 382-2600 Finance Director Erik Montague 382-1930 Human Resources Director Suzanne Machain 382-1920 Community Development Director T. Van Hook 382-1909 Technology Services Director Vacant Parks and Recreation Director Tom Ellis 382-1950 Director of Public Works Barbara Johnson 382-2600 Town Engineer/ Asst. Director of Public Works Keith Brann 382-2629 Asst. Director or Public Works/CIP Ryan Benavides 382-2673 Municipal Court Administrator Joe Teta 382-2712 Municipal Court Judge Vacant 382-2710 Building Safety Official John Huntley 382-2615 Utilities Director Brad DeSpain 382-2500 Airport Director Charles Mangum 682-9565 Operations & Maintenance Director Mike Mencinger 382-2500 ~. INTRODUCTION ~. Thank you for volunteering your time and energy representing your community as a member of a Citizen Advisory Commission (CAC). The procedures adopted for the CACs apply to all standing (~'~ commissions, boards and committees and any subcommittee or ad hoc or task force committee deemed necessary. The Town Council (Council) strongly encourages and appreciates the input given by the CACs. The C~4C Handbook was created to help you understand the purpose of the °` CAC, your role as a CAC member, and how to go about getting the information you need to make {00009858.DOC / 2} - ~ - 7/1/2008 11:28 AM THE CITIZEN ADVISORY CACS HANDBOOK 2008 Exhibit A to Ordinance No. 2008.15 responsive recommendations. Your participation is important and we hope you enjoy being a key participant helping to enhance Marana's future. PURPOSE OF THE CAC CACs were created to provide a consistent and inviting community forum for the public to hear about and give comments on a number of local and town-wide topics. Town officials, staff, and other non-Town staff continually use CAC meetings as an opportunity to provide the public with information or updates. The Council appoints citizens who have a heartfelt interest in their community to sit on the CACs. RESPONSIBILITY OF THE CAC The responsibility of the CAC is to encourage and gather public comment on a range of topics which may affect its area. After the CAC has reviewed a topic and gathered public comments, an advisory recommendation may be relayed to Council. The CACs input is a valuable component of the Council's legislative decision-making process. WHAT IS AN ADVISORY CAC? While the concerns, insight, and discussions relayed by the CAC to Council are key components in the deliberative process, CACs do not make or set policies, ordinances or laws and are not in a position to interpret the zoning ordinance, the general plan or local community plan. CACs provide recommendations on a variety of topics. They are tasked with gathering input, making recommendations based on that information and relaying it to the Council. Some of the CACs receive a description of their duties from the Town Code, Land Development Code, or specific ordinances, and some are empowered by a Council directive or resolution. An ex-officio, non-voting Council Liaison is assigned to attend the CAC's meetings. A Staff Liaison is assigned to CACs to facilitate communications between the CAC and the Council as a whole. In addition, a Staff Liaison is assigned to provide administrative support to the work of the CAC. Citizen participation in finding answers to complex questions that face the Council can be secured, formally and efficiently, through the use of CACs. Such groups are meant to make recommendations after sifting and analyzing data. Both CAC members and Town officials should keep in mind that, for the most part, CACs are advisory in nature, and the Council must make the ultimate decision. ESTABLISHING ORDINANCE The establishing ordinance adopted by the Council for the CACs provides for the consistent procedure for appointment of members to the various Town boards, commissions and committees. The establishing ordinance of the Council (Ordinance No. 2006.25 as amended by Ordinance No. 2008.15) is located in the Appendix. BYLAWS Each CAC will be governed by a standard set of bylaws, see Appendix F, which can be adapted '~'( to the specific purpose of the CAC. Generally, the provisions contained in the bylaws are set forth below in more detail. RESPONSIBILITIES OF THE CHAIR '~~ Being the Chair of a CAC is an important role. The Chair is responsible for conducting the meeting, and tasked with creating an accurate and timely agenda. By coordinating with the Staff Liaison, CAC meetings will be inviting and successful. The following is a list of monthly duties: {00009858.DOG/2} - 2 - 7/1/20081L•28AM THE CITIZEN ADVISORY CACS HANDBOOK 2008 Exhibit A to Ordinance No. 2008.15 • Identify timely items requiring CAC action. The Staff Liaison can assist in this decision. • Each month, review and decide which items need to be on the CAC agenda. • Coordinate and approve the final format of the agenda so the clerical support staff can mail it out no later than one week prior to the meeting. • Arrange for another CAC member to chair the meeting if the Chair unable to attend. • After a meeting, assist the clerical support staff in drafting any recommendation letters. • Sign all CAC-approved recommendation letters. In the absence of the Chair, any other CAC member may sign. • Develop and a monthly Council communication form for use by the CAC • Schedule and present an annual report and annual work plan to Council. • On the first CAC agenda of the year, include "Selection of the Chairman". The chairmanship should be rotated among the CAC members to give others an opportunity to share the responsibilities. Each CAC Chair should coordinate mutually convenient processes to handle CAC business and agenda creation. Some work effectively using the phone, some use a=mail or faxes, and some arrange to meet occasionally in person. RESPONSIBILITIES OF THE CAC SECRETARY Duties of the CAC secretary include: • Attend scheduled CAC meetings to take summary minutes. • Sign and send copy of approved minutes to the Town Clerk's office. • Assist in preparing a draft agenda. • Maintain the CAC mailing list: • Maintain records of CAC agendas, approved minutes and correspondence. The Town Clerk retains the official CAC minutes. Refer all public requests for copies of approved minutes or CAC correspondence to the Clerk's office. RESPONSIBILITIES OF THE STAFF LIAISON The Staff Liaison assists and provides support for the following: • Assists in the creation of the agenda and reviews the draft agenda for accuracy. • Attends CAC meetings; prepares updates and arranges for town staff to attend when necessary. • Prepares responses to inquiries made during public comment. ~ • Prepares responses of requests from CAC members. • Arranges for meetings that may have a large turnout (new location, chairs, tables, audio ~4 equipment, refreshments etc.) • Bring CAC materials such as member name-cards, maps, and other regularly used CAC materials, to each meeting. '°~ • Takes minutes if CAC secretary or clerical support staff is not available. ~~ {00009858.DOC / 2} - 3 - 7/1/2008 11:28 AM THE CITIZEN ADVISORY CACS HANDBOOK 2008 Exhibit A to Ordinance No. 2008.15 The Staff Liaison is a ex-officio non-voting member of the CAC and is the direct link to the Council and other town/department resources and is here to help the CAC. A list of Town staff is found at the beginning of this handbook. RESPONSIBILITIES OF CLERICAL SUPPORT STAFF Town clerical support staff will be assigned to take minutes and provide assistance as necessary for every CAC meeting. That assistance may include, but is not limited to: • Prior to an upcoming meeting email the draft agenda to the Staff Liaison to review. This is a necessary step to ensure that the agenda is accurate. • At the direction of the CAC Chair and concurrence by the Staff Liaison, prepare the final agenda and mail no later than five business days prior to the meeting. • Send copies of the agenda, draft minutes and other related information to the CAC members. • Send copies of the agenda to everyone who is on the CAC mailing list. • Request the Town Clerk to post the CAC agenda in designated public places as soon as possible after the agenda is finalized, but not less than 24 hours prior to the meeting. • Make additional copies of the agendas and have them available for the public at CAC meetings. • In the case of cancelled meetings, send everyone on the CAC mailing list a cancellation notice either. by a-mail for first class mail and post the notice in the usual public places. • Take and prepare draft minutes for approval at the next scheduled meeting. • If unable to attend a meeting or complete routine CAC tasks, contact the Staff Liaison as soon as possible. • Arrange to obtain office supplies, as needed. TERM LIMITS CAC members may only serve on one commission per term and serve two-year terms with a maximum of three consecutive terms allowed not to exceed a total of six consecutive years. CAC members serve at the pleasure of the Council and can be removed from office by a majority vote of the Council at any time. All commissioners shall attend the Town of Marana CREW program by the completion of their first term. APPLICATIONS, VACANCIES, APPOINTMENTS, RE-APPOINTMENTS, ATTENDANCE AND RESIGNATIONS Applications Any member of the community who lives, works or owns property in Marana and who wishes to serve on a CAC must fill out an application and submit it to the Town Clerk's office. All applications of persons not appointed to the CAC are kept on file for one year. Applications of t persons appointed to sit on a CAC are kept until they are no longer a member. Vacancies and Appointments The Town Clerk's office maintains a database regarding each CAC member and their term ~t expiration date. If a member chooses not to be re-appointed or resigns prior to term expiration the , seat must be posted as vacant-prior to appointing a new member. The process of filling a vacancy is: 1. A letter of resignation is considered effective upon submission to the Town Clerk. {00009858.DOC / 2} - 4 - 7/1/2008 11:28 AM THE CITIZEN ADVISORY CACS HANDBOOK 2008 Exhibit A to Ordinance No. 2008.15 2. The Town Clerk advises the Council of the vacancy during a Council Meeting and a notice of vacancy for the CAC is posted at the official posting locations. 3. The notice of vacancy is posted a minimum of 10 business days. 4. After the posting period, all applications received or on file are considered by the Manager's Selection Committee (MSC). The MSC will forward all applications and its recommendation to Council. The Council may wish to interview the candidate(s) in executive session, and if so, the Town Clerk will advise the candidates of the date and time of the meeting. 5. The Council approves the appointment of the new CAC member. 6. The Town Clerk will schedule an orientation and administer the Loyalty Oath to each appointee at least 24 hours prior to his/her first CAC meeting. 7. The Staff Liaison will facilitate getting the newly appointed CAC member a security identification badge from the IT department. Re-appointments When a CAC member's term is about to expire, the Staff Liaison and CAC members are notified by the Town Clerk. Upon receiving a letter of intention to remain on the CAC, the Council may choose to re-appoint the incumbent member. If the member wishes to be re-appointed, the re- appointment is placed on an upcoming Council agenda for approval under consent items. Should the Council choose to appoint a new member, steps 2 - 5 under Vacancies and Appointments would occur. ATTENDANCE Unless otherwise specified in the adopted CAC bylaws, an appointed member of any CAC who is absent without prior excuse from three or more consecutive scheduled meetings or from more than one-half the meetings in any one calendar year, will be considered to have resigned. The Town Clerk will notifiy the CAC in writing of the resignation. Resignation Letters If a CAC member chooses to resign his/her position on the CAC, a written letter of resignation should be sent to the attention of the Town Clerk, at 11555 W. Civic Center Drive, Marana, Arizona 85653. PROPER PROCEDURES All meetings, votes and records (including minutes) of CACs are open. for public review unless state law or Town ordinance or resolution allows the closing of the meeting and the record for a specified and allowed purpose. Rarely will a CAC be involved with a matter that may be considered for a closed session. MEETING FACILITIES Meeting facilities for CACs are available at the Marana Municipal Complex, the Marana Operations Center and the Parks & Recreation Department. It is the responsibility of the Staff e~ Liaison to obtain a meeting place for the CAC that they serve. Public Accessibility and Accommodation of Special Needs .~, Arizona law requires all meetings be held in a location that allows for public attendance. The federal Americans with Disabilities Act (ADA) requires all services, programs, activities and i~N11F functions of the Town to be accessible to people with disabilities. Incompliance with these federal requirements, all CACs are required to conduct public business in an accessible and barrier-free environment. Individuals with special needs are encouraged to communicate their needs to the W {00009858. DOC / 2} -J - 711 /2008 11:28 AM THE CITIZEN ADVISORY CACS HANDBOOK 2008 Exhibit A to Ordinance No. 2008.15 Town Clerk in advance of any meeting so that proper accommodations can be made for the individual to participate in the meeting. If an individual with a special disability attends a meeting without advance notice of the need to provide an accommodation, the Chair shall make every effort to postpone and reschedule the item of business for which the individual is attending the meeting until arrangements can be made to reasonably accommodate the person. THE ARIZONA OPEN MEETING LAW All CACs must observe the requirements of A.R.S. § 38-431.01., the Arizona Open Meeting Law, which is stated in its entirety in Appendix J - You As a Public Official -provided by the Arizona League of Cities and Towns. POSSIBLE CONFLICT OF INTEREST FOR CAC MEMBERS Occasionally, a CAC member may have a conflict of interest regarding an item before the CAC. CAC members are often active in many areas of their community and there may be instances where their. professional activities touch on issues before the CAC. Anyone appointed to a CAC is a "Public Official" per Arizona law and a "CAC Official" under the Handbook for Citizen Advisory Commissions and is obligated to adhere to related standards of conduct and ethics. In particular, the Town needs to be aware of any actual or potential conflict of interest by a CAC appointee. If a CAC member is unsure as to whether or not there is a conflict, the Staff Liaison should be notified of the concern and can provide direction. When a conflict occurs, the CAC member should mention the conflict when the item comes up on the agenda, and remove him or herself from any CAC vote regarding a recommendation on the item. That allows the CAC to remain as objective as possible in the advice it provides without limiting the activities of CAC members serving as public-spirited volunteers. Like any member of the public, however, the CAC member is welcome to participate in public comment and discussion of the item and may be able to provide information on the item. Please review Appendix J - You As a Public Official -Conflicts of Interest (p. 4). POSTING OF MEETING NOTICES AND AGENDAS Notices of meetings are required to be posted at least 24 hours in advance of the meeting, excluding weekends and holidays. In a true emergency situation, less than 24 hours is acceptable. A bulletin board on the southern exterior wall of the Marana Municipal Complex is used to post meeting notices. Notices may also be posted on the Town's official web site. CREATING AND FORMATTING THE AGENDA There are many ways to create an agenda. Ultimately, the Chair, with the assistance of the Staff Liaison, decides which items are placed on the agenda. However, input from others is always helpful. Note that the Arizona Open Meeting Law prohibits CAC action on any item not listed on the agenda. „~ A general guide to formatting the agenda is located in the Bylaws, Appendix F, section VIII E and in the Town Code, Title 2, Chapter 2-4-4. CAC agendas must be consistent to promote a timely ~~~) and productive meeting._The CAC agenda must have enough information about each agenda ~`'~ item so a member of the public -who may never have attended a CAC meeting before -will have a good idea of what will be discussed and what action the CAC is being requested to take. {00009858.DOC / 2} - 6 - 7/1/2008 11:28 AM THE CITIZEN ADVISORY CACS HANDBOOK 2008 Exhibit A to Ordinance No. 2008.15 A general guide to formatting the agenda is located in the Bylaws, section VIII. E. The Staff Liaison will assist in providing a template for this purpose. However, the following information provides additional detail: The date, time, and location of the CAC meeting, including the street address. Americans With Disabilities Act Notice The following Americans with Disabilities Act (ADA) paragraph MUST appear on every CAC agenda: "The Town of Marana is committed to ensuring that persons with disabilities are provided the resources to participate fully in its public meetings. If you require disability-related modifications or accommodations, including auxiliary aid or services, please contact the Town Clerk's office." Call to order and introduction of CAC Members. While you may have a core group of the public who attend every meeting, it is still a good idea to for each CAC member to introduce him or herself or have name plates in a prominent location. Set time limits and list these on the aoenda. It is helpful for the Chair to set time limits for agenda items. This helps ensure that all presenters are heard. Depending on the length of the agenda, suggested times might be ten minutes for a presentation, five minutes for a town staff response, and 15 minutes for a CAC member, public questions and discussion. These time limits should be listed on the agenda to help with the flow ,of the meeting. Approval of Agenda Any changes to the agenda should be made 24 hours prior to the posting of the agenda. If circumstances require changes at the meeting, the changes must be noted and the agenda approved by motion prior to any discussion. Approval of Minutes CAC members should review the draft minutes prior to attending the meeting. The clerical support staff is responsible for transcribing summary minutes. These minutes do not need to be verbatim. Copies of approved minutes will be posted on the official website under Board, Commissions and Committees and are also available upon request at the Town Clerk's office at 11555 W. Civic Center Drive, Marana, Arizona 85653 or by a-mail ibronsonta7marana.com. Public Comment on Agenda items The CAC exists to receive input from and provide information to the public. The public should have the first opportunity to speak on any matter presented to the CAC, BEFORE CAC members express their views. This helps ensure a CACs objectivity in considering amatter -both real and perceived - so CAC members can consider public comment before they ask their own questions, present their own views, and take a position on the issue. Public comments are essential in making responsible recommendations on issues. CAC members represent and are the voice of the community. Information /Non-Action Items Any topic listed should'include as much information as possible regarding the matter, program, or issue including where the item is in the planning process (if applicable) and the presenter's name. ,~ Items listed under this section do not require any action from the CAC. The item is for information only so that the public and CAC are aware of the issue. Information items allow the CAC to review a matter and make verbal suggestions to the appropriate party (i.e.: developer, town. staff) ~. BEFORE that matter is brought back as an action item for the CACs possible recommendation. , Action Items ~,t ~Y Action items allow the CAC to make a recommendation on an issue after they have reviewed the facts and gathered input from the community. Action items listed on the agenda must have a detailed description: subject and a brief description, the name of the applicant (if any), and the name of the presenter. Additionally, it should be noted what action the CAC is being requested to {00009858.DOC / 2} - 7 - 7/1/2008 11:28 AM THE CITIZEN ADVISORY CACS HANDBOOK 2008 Exhibit A to Ordinance No. 2008.15 take. For example: "The CAC may make a recommendation on the subject location and density" or "The CAC may make a recommendation on the design, lighting and signage of the building." Subcommittee Reports (optional) Some CACs have found it useful to establish standing subcommittees on areas of local interest. Examples might include traffic, transportation, public safety, parks & recreation, education and schools, and land use. Such subcommittees usually have a CAC member as chair and may add other members of the community who wish to participate. The subcommittee chair usually provides a brief report at each meeting. A CAC also may decide to establish a separate ad hoc subcommittee/task force to address short- term issues of local interest, such as the possible formation of a local recreation district or construction of a local facility like a park or a community pool. At least one CAC member must sit on the subcommittee with other members of the community who may wish to participate. Such committees also provide regular reports to the CAC. A standing or ad hoc subcommittee can meet as needed but must not violate Open Meeting Law requirements. Community Resorts (oationall Local organizations may be invited to update the CAC on community events. If they regularly appear at CAC meetings, listing them on the agenda allows them a specific time to speak. The local Chamber of Commerce is an example. Not all CACs partake in having a specified section for these reports due to the length of their meetings. These organizations are always welcome to speak during public comment. Public Comment Section The CAC may listen, but no action can be taken on items brought up during the Public Comment section of the agenda. This is a time for the public to discuss any item NOT listed on the agenda. The Staff Liaison assigned to the CAC can assist any member of the public with issues not listed on the agenda. Future Agenda Items Notwithstanding the discretion of the CAC Chair as to what items to place on the agenda, if three or more CAC members request an item to be placed on the agenda, it must be placed upon the agenda for the next regular CAC meeting after the date of the request. Indicate the date of the next meeting for the record. Adjournment REQUESTS FROM TOWN DEPARTMENTS, APPLICANTS, CITIZENS AND OUTSIDE AGENCIES Town staff may request time on the agenda to discuss a variety of items.. Applicants, citizens, and other agencies may request time as well. CAC members are encouraged to research and check with the Staff Liaison to determine the necessity, appropriateness, and timeline of the items placed on the agenda. ITEMS NOT APPROPRIATE FOR CAC AGENDAS The following items should not be discussed or placed on the CAC agenda for discussion: • Campaign related information • Federal or state legislation • Superior court, municipal court or traffic court issues • Disputes or claims against the Town • Family law issue {00009858.DOC / 2) - $ - 7/1/2008 11:28 AM THE CITIZEN ADVISORY CACS HANDBOOK 2008 Exhibit A to Ordinance No. 2008.15 • Staff issues • Budget recommendations If CAC members are unsure about the appropriateness, please contact the Staff Liaison or the Town Clerk's office for clarification. CONDUCTING A MEETING Because each CAC represents its own unique community, it will establish its own meeting procedures. Some CACs tend to be more formal in procedure, some are less formal. When setting up meeting procedures, it's important to keep the CACs goal in mind - to encourage public input on all issues it considers, to gather and convey public input, and provide advice to the Council It is the responsibility of the Chair to direct the meeting. A CAC meeting should not be any longer than two hours. Having time limits and maintaining productive dialog is imperative. ATTENDANCE -DETERMINATION OF A QUORUM To conduct business, the CAC must have a quorum. A quorum is a simple majority (half the members plus one). The Chair is considered a member for purposes of determining whether there is a quorum. If a CAC is unable to reach a quorum at a regular or special meeting, the CAC may decide either to adjourn the meeting OR to hold an informal gathering to discuss any scheduled agenda items and committee reports. In either case, the event would not be considered a CAC meeting and the secretary would not take regular minutes. Instead, the secretary should take informal notes for the CAC records, sending a copy to the Town Clerk's office, indicating that the CAC did not form a quorum. The CAC may not take any action. MINUTES Minutes taken at CAC meetings should contain the following information: • The date and time the meeting convened and the meeting place • The calling to order by the Chair • The roll call, including a recording of the names of the CAC members present and absent • A listing of others in attendance at the meeting; • Unfinished and new business items and a very brief summary of the discussion and any motions made and voted upon by the members • T.he vote taken on a motion; if a roll call vote is taken, the ayes and nays shall be attributed to each member voting. If a member does not vote, the record should note that the member abstained. • Any future meeting dates, times and location, if determined • The time of adjournment • The name of the individual taking the minutes Minutes are usually approved by the CAC at the next meeting. HANDLING NEW TOPICS NOT ON THE AGENDA Sometimes new topics are raised at a CAC meeting that aren't on the agenda. The Arizona Open Meeting Law requires that the CAC have an item listed on its agenda before it can take any ~~ d' i {00009858.DOC / 2} - 9 - 7/1/2008 11:28 AM THE CITIZEN ADVISORY CACS HANDBOOK 2008 Exhibit A to Ordinance No. 2008.15 action on it or even discuss the matter. This is a matter of fairness so people interested in the subject, but who are not at the meeting, have notice that the CAC will consider it. If the new topic has enough public interest or concern, the CAC chair may add~it to the agenda for the next meeting. If the item is especially timely, the CAC may decide to schedule a special meeting to consider the item and make a recommendation. MAKING A MOTION AND VOTING The Council has asked the CACs to carefully consider and provide recommendations on matters. It is important the CACs have complete information on any matter before them. The CAC needs to know the status of an issue in the Town's planning process so recommendations aren't made too. early or too late in the process. Issues often change and the CAC should make its recommendation when the matter is about to go before a planning decision-making body. ACTION ITEMS The Chair invites the presenter to speak first; asks the public for any questions or comments; asks the CAC members for any questions or comments; closes public comments and brings the discussion back to the CAC for any further discussion, questions or comments. The Chair indicates he/she will entertain a motion. Any member can make a motion. It is highly recommended that a CAC member take a minute and write out the motion on a piece of paper and read it out loud. This written clarity allows the secretary and the audience to understand exactly the intent of the recommendation. Any member can second the motion. If a motion is not seconded, then the motion dies. The Chair can repeat the. process of obtaining a motion. The CAC can make a motion: To send a recommendation letter that: • Eithec approves or denies the matter; • Approves an issue with specific conditions; • Denies the issue due to specific outlined reasons;. • States the CAC does not take a position. To request: • That the presenter return at a later date to update the CAC on the status of the issue; • That the Staff Liaison research and update the CAC at a later date; • That the issue be placed on a CAC agenda as an action item at a later date. MAKING NO RECOMMENDATION. ON AN ITEM In some cases, after hearing all available information on a project, a CAC may decide to make no recommendation on an issue. If the CAC doesn't make a recommendation, however, it may comment that specific elements should be considered, such as traffic or impacts on local water quality. The CAC would write a letter to the decision-making body with its comments, also indicating it has no recommendation on the entire matter. RECOMMENDATION LETTERS Every time a CAC votes on a recommendation regarding an issue, the Staff Liaison drafts a brief ' letter to the Council summarizing the CACs recommendation, including the motion. It's important that the CAC communicate promptly with the Council so their recommendations can be considered before the Council takes any action. ~"~~~ Because the CAC exists to advise the Council, the CAC should work to accomplish community requests. For example, if the community would like the Engineering Department to install a signal or stoplight at an intersection on a state highway, the CAC would write to the Council with the request. They may send copies of the letter to other town departments (i.e: Public Works,) ornon- Town agencies, (i.e: Pima County Water Resources). The CAC should always copy the Town {00009858.DOC / 2} - 1 ~ - 7!1/2008 11:28 AM THE CITIZEN ADVISORY CACS HANDBOOK 2008 Exhibit A o Ordinance No. 2008.15 Clerk's office on all correspondence, regardless of the letter's addressee. The secretary would transcribe the letter and send it. TYPES OF CAC MEETINGS Reoular Meetinos Most CACs meet on a monthly basis. Special Meetings Sometimes the CAC must meet at a different time or location other than its regularly scheduled meeting time or place. This may be because the CAC may expect a large audience to hear a particular agenda item or because they must discuss an item in time to meet a deadline for the Council, or for another reason. The Chair should distribute the special meeting agenda a week before that meeting. At a minimum the special agenda must be posted in the usual public places at least 24 hours before the meeting to meet the requirements of the Arizona Open Meeting Law. Special CAC meetings are fairly rare. If the Chair talks regularly with the Staff Liaison for the CAC, it's most likely there will be time to post a special meeting agenda to meet all Arizona Open Meeting Law deadlines. Canceled Meetinos Occasionally, the CAC Chair may decide to cancel a regularly scheduled meeting. The Chair usually does this after talking with the Staff Liaison and determining the CAC has no timely matters to consider or will not have a quorum. THE MEDIA AND MEETING PROMOTION Media promotion and coverage of CAC meetings varies widely. Some newspapers include CAC meetings in their community calendar listings and others don't. Because the CAC is advisory to the Council and created by the Council, it is appropriate that information about the CAC appear on the Town's web site. That is where members of the public will most likely seek CAC information. There is current information on the CACs on the Town's web site at www.marana.com/boards commissions and committees. Each CAC is listed with the following information: ^ General CAC background ^ The CAC member list ^ Information on how to apply to be a member on the CAC -end- t'~I {00009858.DOC / 2} - ~ ~ - 7/1/2008 11:28 AM THE CITIZEN ADVISORY CACS HANDBOOK 2008 Exhibit A to Ordinance No. 2008.15 BYLAWS OF TOWN OF MARANA [INSERT NAME] ADVISORY COMMISSION POLICY The Town of Marana [Insert Name] Advisory Commission was formed by the approval and adoption of Ordinance No. 2006.25 by the Marana Town Council on September 5, 2006, to provide a consistent and inviting community forum for the public to hear about and give comments on [Insert Mission]. I1. COMMISSION DESCRIPTION • [Insert appropriate commission description] III. MEMBERSHIP A. There shall be at least five and no more than seven regular members of the [insert name] Advisory Commission, appointed. by the Town Council to represent [list what the commission will represent.] B. A majority of commission members will reside or have their primary business within the Town of Marana; however qualified commissioners from outside of the Town will be considered for membership. C. The members of the [Insert Name] shall be appointed by the Mayor and Council of the Town of Marana in the manner they deem fit, each to serve atwo-year term with a maximum of three consecutive terms allowed not to exceed a maximum of six consecutive years. D. The initial terms of office fora .new commission shall be staggered so that the terms of no more than a simple majority of members ends every two years. The first four names of the initial Council appointments will be drawn for a term of four years; the three remaining names will be for a term of two years. E. In the event that a vacancy occurs because of death, resignation, or otherwise, the. vacancy shall be filled through the defined selection process and appointed by the Mayor and Council to serve the unexpired term of the commissioner replaced. F. If a commissioner is not in attendance for three or more consecutive regularly scheduled meetings or from more than one-half the meetings in a calendar year, a recommendation shall be made to the-Town Council that the non-participating commissioner be removed. G. One Council member shall be appointed to serve as Council liaison to the commission. The Council member shall attend meetings as an ex-officio, non-voting member. H. Commission. members may serve on only one commission per term. IV. OFFICERS A. The Chair and Secretary will be selected every year at the regularly scheduled meeting in "~']' the month of [insert month] by the commissioners present and will assume office at the next commission meeting. {OQD09858.DOC / 2} - ~ - 7/1/200811:28 AM CITIZEN ADVISORY COMMISSION BYLAWS TEMPLATE 2008 Exhibit B to Ordinance No. 2008.15 B. Any officer or agent elected or appointed by the commission may be removed by the commission whenever, in the judgment of majority of the commissioners, the best interests of the commission would be serve thereby. Any such removal shall be without prejudice to the contract rights, if any, of the person so removed. C. Any vacancies of officers will be filled by a majority vote of the commissioners at the next meeting of the commission following the occurrence of the vacancy. The person selected to fill the vacancy will serve the remainder of the vacancy term. V. RESPONSISBILITIES OF THE CHAIR A. The Chair shall preside at all meetings of the commission. In the event of the absence of the Chair, the Secretary shall preside. In the absence of both the Chair and Secretary, the attending commissioners shall appoint an acting Chair. B. The Chair shall appoint and remove all members to sub-committees of the commission. C. The. Chair shall preserve order and decide all points of order. D. The Chair shall assist the clerical support staff in drafting and sign any recommendation letters and actions taken by the commission. In the absence of the Chair, any other CAC member may sign on behalf of the commission. E. The Chair shall coordinate and approve the final format of the agenda no later than one week prior to the meeting. F. The Chair shall develop a monthly Council Communication form for use by the Commission. G. The Chair shall schedule an annual report to be presented to the Council VI. RESPONSISBILITIES OF THE SECRETARY A. The Secretary shall assist the Chair in preparing a draft agenda. B. The Secretary shall attend scheduled commission meetings to take summary minutes. C. The Secretary shall sign and send copy of approved minutes to the Town Clerk's office. D. The Secretary shall oversee maintenance of the commission mailing list. E. The Secretary shall oversee maintenance records of commission'agendas, approved minutes and correspondence. F. The Secretary shall refer all public requests for copies of approved minutes or Commission correspondence to the Town Clerk's office. VII. RESPONSIBILITIES OF MEMBERS f A. It is the responsibility of the commissioners to-attend regular and special meetings. wx, B. No commissioner shall leave any regular or special commission meeting during such ~~~ meeting without permission of the Chair. C. The commission shall strictly follow A.R.S. 38-431.03, also known as the Arizona Open Meeting Law. The Chair and members shall familiarize themselves with the requirements {00009858.DOC / 2} - 2 - 7/1/2008 11:28 AM CITIZEN ADVISORY COMMISSION BYLAWS TEMPLATE 2008 Exhibit B to Ordinance No. 2008.15 of such law, including notice of meetings, taking of minutes, issues to be discussed and the other specifics of the law. D. Commissioners shall abide by the guidelines set forth in the Town of Marana Advisory Commission Handbook. E. The Commission is authorized to call executive sessions, closed to the general public during any regular of special meeting, so long as such executive session is authorized by A.R.S. 38-431.03. F. The Commission shall develop an annual work plan which shall be presented to Council. . G. All commissioners shall attend the Town of Marana CREW program prior to the completion of their first term. VIII. SUB-COMMITTEES A. All sub-committees shall consist of at least three members. B. All sub-committees shall select asub-committee Chair from among the members of such sub-committee, at the first meeting of the sub-committee. C. The sub-committee Chair shall preserve order and decide all points of order for meetings of the sub-committee. D. The Chair shall set the date, time and place of the first sub-committee meeting, and the sub-committee Chair shall set all subsequent meetings. E. The sub-committee Chair shall bring all actions and recommendations to the Commission. No sub-committee shall be authorized to directly present information to the Town Council, or take other action, without such action being approved by the Commission. IX. RESPONSIBILITIES OF THE STAFF LIAISON The Staff Liaison is an ex-officio, non-voting member of the commission provides support for the following: A. Assists in the creation of the agenda and reviews the draft agenda for accuracy. B. Attends CAC meetings and prepares updates and arranges for town staff to attend when necessary. C. Prepares responses to inquiries made during public comment. D. Prepares responses of requests from CAC members. E. Arranges for meetings that may have a large turnouC (new location, chairs, tables, audio ~~~ equipment, and refreshments. ~~( F. Brings CAC materials such as member name-cards, maps, and other regularly used ~" materials to each meeting. i'~~ tqi G. Takes minutes if the CAC secretary or clerical support staff is not available. {00009858.DOC / 2} - 3 - 7/1/2008 11:28 AM CITIZEN ADVISORY COMMISSION BYLAWS TEMPLATE 2008 Exhibit B to Ordinance No. 2008.15 X. MEETINGS OF MEMBERSHIP A. The [Insert Name] Advisory Commission shall hold regular meetings on the [list date] of each month for transaction of business as may come before the meeting. The meetings of the members will be held at the Marana Municipal Complex, Marana, Arizona, or other locations as designated by the Chair. Whenever a legal holiday occurs on the same day as a meeting, such meeting shall either be cancelled or rescheduled. B. The Chair may convene the commission at any time by notifying the members of the date, hour and purpose of such special meeting. The commissioners shall be given at least 24 hours' notice of such special meeting by personal notice and the posting of the notice agenda on the Town's official posting sites. C. It shall be the responsibility of the Chair to develop a written agenda for all commission meetings which meets the requirements of the Arizona Open Meeting Law. The Staff Liaison may assist in this process. Commissioners may contact the Chair to have items placed on the agenda, and shall attempt to do so at least seven working days prior to the meeting date. All agendas shall be provided to the clerical support staff, who shall assure all agendas are properly posted as required by the Arizona Open Meeting Law. D. All sub-committees will be placed on the agenda for a report on the status of work in progress for that sub-committee. E. Business matters of the regular meeting shall be considered as far as practicable in the following order. 1. Call to Order 2. Introduction of Commissioners 3. Approval of Agenda 4. Approval of Minutes 5. Action Items 6. Sub-Committee Reports 7. Community Reports (Optional) 8. Call to the Public 9. Future Agenda Items 10. Adjournment XI. PROCEDURE A. At all meetings of the commission, the Chair shall call the commission to order and the Secretary shall record the members present and absent. The Chair may call each matter of business in the order listed on the Agenda. B. The Chair shall conduct meetings using parliamentary procedure as recommended by the Arizona League of Cities and Towns, unless such rules are suspended by a majority vote of the commission. ~, C. When a member desires to speak or make a motion, that person shall address himself or ~'~ herself to "Mr. or Madam Chair". Upon being recognized that person may address the Chair. ~~~ D. When more than one member addresses the Chair and wishes to speak, the Chair will recognize the person who first addressed the Chair.. , E. No member shall interrupt another, except to call to order or to correct a mistake. {00009858.DOC ! 2} - 4 - 7/1/2008 11:28 AM CITIZEN ADVISORY COMMISSION BYLAWS TEMPLATE 2008 Exhibit B to Ordinance No. 2008.15 F. At any meeting of the members, 50% plus one of the members, excluding vacant positions, shall constitute a quorum. If, after 30 minutes, a quorum is not present, the commission may choose to meet informally for discussion purposes, all action will be postponed and agenda items placed on the next special or regular commission meeting. G. A majority of affirmative votes of the quorum present shall be necessary to pass any action of the commission. H. Commissioners shall not vote where there is a conflict of interest and shall disqualify him or herself in such an event, as provided by A.R.S. 38-501 et. seq. When a conflict occurs, the member shall not debate or discuss the matter. I. The Chair may vote or decline to vote on all matters and his or her failure to vote shall not be counted as an affirmative vote. The Chair shall break all ties. J. Motions may be determined by voice vote or at the request of a commissioner by roll call vote. The Chair shall declare all votes. If any member doubts the voice vote, a roll call shall be ordered. When a roll call vote is commenced, no member shall engage in discussion of the question being voted upon. XII. PARTICIPATION BY THE PUBLIC A. Members of the public wishing to speak at commission meetings will be allowed to speak during public portions of the meeting, as well as during Call to the Public. The Chair may limit the length of public comment to three minutes at any time. B. No person in the audience shall be permitted to speak unless recognized by the Chair. The chair may permit persons to speak on any agenda item. C. Orderly procedure requires that each person shall proceed without interruption from the audience and shall retire when his or her time is up. All discussion shall be addressed to the commission and there should be no argument or discussion between individuals not on the commission. D. The members of the commission may ask questions and make appropriate comments. E. Citizens attendingmeetings shall observe rules or propriety, decorum and good conduct. Any person making personal, impertinent, or slanderous remarks, or who becomes boisterous whole addressing the commission while addressing the commission, may be removed if directed by the Chair. Unauthorized remarks from the audience, whether verbal or otherwise, shall not be permitted, and the Chair may expel offenders from the meeting. XIII. AMENDMENTS These bylaws may be altered, amended, or repealed and new bylaws adopted by a vote of the committee members representing a majority of all the members at any meeting or special meeting when the proposed amendment has been set out in the notice of such meeting. Any such amendment shall not affect any other portion of these bylaws. XIV. SEVERABILITY In the event any portion of these bylaws is found by any court of competent jurisdiction to be invalid, illegal or unenforceable, such portion shall be deemed severed from these bylaws, {00009858.DOC / 2} - rJ - 7/1/2008 11:28 AM CITIZEN ADVISORY COMMISSION BYLAWS TEMPLATE 2008 Exhibit B to Ordinance No. 2008.15 ~ s and the remaining parts hereof shall remain in full force and effect as fully as though such invalid, illegal or unenforceable portion had never been part of there bylaws. Executed at Marana, Arizona, this day of , 2008. ATTEST: Chair Secretary ;I, ,M ~_~ {00009858.DOC / 2} - 6 - 7/1/2008 11:28 AM CITIZEN ADVISORY COMMISSION BYLAWS. TEMPLATE 2008 Exhibit B to Ordinance No. 2008.15